ESCAMBIA COUNTY FLORIDA INVITATION TO BIDDERS ENSENADA UNO & DOS DRAINAGE IMPROVEMENT PROJECT SPECIFICATION NUMBER PD

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1 ESCAMBIA COUNTY FLORIDA INVITATION TO BIDDERS ENSENADA UNO & DOS DRAINAGE IMPROVEMENT PROJECT SPECIFICATION NUMBER PD BIDS WILL BE RECEIVED UNTIL 2:00 PM CDT, APRIL 04, 2018 Office of Purchasing, room Palafox Place, Pensacola, FL Matt Langley Bell, III Building Post Office Box 1591 Pensacola, FL A non-mandatory Pre-Solicitation Conference will be held in the Office of Purchasing Conference Room, , at 10:00 AM CDT, MARCH 20, 2018 Assistance: Jeffrey Lovingood Purchasing Specialist Office of Purchasing 2 nd Floor, Matt Langley Bell, III Building 213 Palafox Place Pensacola, FL Telephone: JDLovingood@myescambia.com Board of County Commissioners Jeff Bergosh, Chairman Lumon J. May, Vice Chairman Douglas Underhill Steven Barry Grover Robinson, IV From: Paul R. Nobles Purchasing Manager SPECIAL ACCOMODATIONS: Any person requiring special accommodations to attend or participate, pursuant to the Americans with Disabilities Act, should call the Office of Purchasing ( ) at least five (5) working days prior to the solicitation opening Notice It is the specific legislative intent of the Board of County Commissioners that NO CONTRACT under this solicitation shall be formed between Escambia County and the awardee vendor until such time as the contract is executed by the last party to the transaction.

2 NOTICE In accordance with Sec (e) of the Escambia Code of Ordinances, all bid solicitation documents shall include the following notice to vendors of the local vendor preference policy: Sec Local Preference in Bidding a) Legislative Intent: The Escambia County Board of County Commissioners finds that local businesses are often at a disadvantage when competing with other non-local businesses in that the cost of doing business in Escambia County is higher than other areas of the state and giving local businesses a preference in the procurement of goods and services serves a compelling public purpose for the benefit of the taxpayer and residents of Escambia County as such preference encourages local industry, employment opportunities, and increases the County s overall tax base. b) Local Business Defined: For the purposes of this section, Local Business shall mean a business which meets all of the following criteria: c) Certification: 1. Has had a fixed office or distribution point located in and having a street address within Escambia County of Santa Rosa County for at least one (1) year immediately prior to the issuance of the request for competitive bids by the County. The fixed office or distribution point must be staffed by at least one (1) employee. Post Office boxes are not verifiable and shall not be used for the purpose of establishing a physical address, and 2. Holds any business license required by Escambia County or Santa Rosa County, and 3. Is the principal Offeror who is a single Offeror; a business which is the prime Contractor and not a Sub-Contractor, or a partner, or joint venture submitting an offer in conjunction with other businesses. Any vendor claiming to be a local business as defined above shall so certify in writing to the Escambia County Office of Purchasing. The certification shall provide all necessary information to meet the requirements provided herein. The purchasing agent shall not be required to verify the accuracy of any such certification, and shall have the sole discretion to determine if a vendor meets the definition of a Local Business. d) Preference in Purchase of Commodities and Services by Means of Competitive Bid: Except where federal or state law, or any other funding source, mandates to the contrary, Escambia County may give preference to local businesses in the following manner: Competitive Bid (Local Price Match Option): Each formal competitive bid solicitation (i.e. sealed bids) shall clearly identify how the price order of the bids received will be evaluated and determined.

3 When a qualified and responsive, non-local business submits the lowest price bid amount between $50, and $249,999.99, and the bid submitted by one or more qualified and responsive local businesses is within five percent (5%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder. When a qualified and responsive, non-local business submits the lowest price bid amount between $50, and $249,999.99, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated Community Redevelopment Area (CRA) is within seven percent (7%) of the price submitted by the non-local business, then the local business located in a designated CRA with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualifies and responsive non-local bidder. When a qualified and responsive, non-local business submits the lowest price bid amount between $250, and $999,999.99, and the bid submitted by one or more qualified and responsive local businesses is within three percent (3%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder. When a qualified and responsive, non-local business submits the lowest price bid amount between $250, and $999,999.99, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated CRA is within five percent (5%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder. When a qualified and responsive, non-local business submits the lowest price bid amount in excess of $1,000,000.00, and the bid submitted by one or more qualified and responsive local businesses is within two percent (2%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder. When a qualified and responsive, non-local business submits the lowest price bid amount in excess of $1,000,000.00, and the bid submitted by one or more qualified and responsive local businesses with a fixed office or distribution point located in a designated CRA is within four percent (4%) of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s) offered by the overall lowest, qualified and responsive non-local bidder. In such instances, staff shall first verify whether the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the purchasing department shall invite the lowest local bidder in writing to submit a matching offer which shall be submitted in writing to the Escambia County Office of Purchasing within five (5) business days thereafter.

4 If the lowest local bidder does not respond or otherwise submits a written offer that does not fully match the lowest bid from the lowest non-local bidder tendered previously then award shall be made to the lowest overall qualified and responsive non-local bidder. In the event a local bidder is awarded a contract pursuant to this section, any requests for change orders increasing the cost of the project must be approved by the Escambia County Board of County Commissioners. e) Notice: All bid solicitation documents shall include notice to vendors of the local preference policy. f) Waiver of the Application of Local Preference: The application of local preference to a particular purchase or contract for which the Board of County Commissioners is the awarding authority may be waived upon approval of the Board of County Commissioners. g) Limitations: h) Penalties: 1. The provisions of this section shall apply only to procurements which are above the formal bid threshold as set forth in the Escambia County Purchasing Code. 2. The provisions of this section shall not apply where prohibited by federal or Florida law, or where prohibited under the conditions of any grant. 3. The provisions of this section shall not apply to any purchase exempted from the provisions of the Escambia County Purchasing Code. 4. The provisions of this section shall not apply to contracts made under the Consultants Competitive Negotiation Act (CCNA), F.S Misrepresentation: A vendor who misrepresents the local preference status of its firm in a bid or proposal submitted to the County will lose the privilege to claim local preference status for a period of up to one (1) year from the date of the award of the contract or upon completion of the contract, whichever is greater. 2. Failure to Maintain Local Business Preference Qualifications: Any vendor that does not maintain its local preference status resulted in the awarded contract shall be in breach of contract and will be subject to termination of the contract, suspension of payments under the contract, and loss of the local preference status on the contract awarded. 3. Lack of Good Faith: The Contractor or firm may show that it attempted through reasonable and

5 objective means and in good faith to comply with the terms of the contract relating to local businesses but was unable to comply. If the County determines that the Contractor or firm did not act in good faith, all amounts paid to the Contractor or firm under the County contract intended for expenditure with the local business shall be forfeited and recoverable by the County. In addition, the contract may be rescinded and the County may return all or a portion of the goods received and recover all amounts paid under the contract for the goods which were returned. Effective July 1, 2015, the County may not use a local preference for a competitive solicitation for construction services in which fifty percent (50%) or more of the cost will be paid from state appropriated funds which have been appropriated at the time of the competitive solicitation. For any such solicitation, the County must disclose in the bid package that any applicable local ordinance or regulation does not include any local preference See , Florida Statutes.

6 ESCAMBIA COUNTY, FLORIDA INVITATION TO BID BIDDER S CHECKLIST ENSENADA UNO & DOS DRAINAGE IMPROVEMENT PROJECT SPECIFICATION PD HOW TO SUBMIT YOUR BID: Please review this document carefully. Offers that are accepted by the County are binding contracts. Incomplete bids are not acceptable. All documents and submittals shall be received by the Office of Purchasing on or before the date and hour specified for receipt. Late bids will be returned unopened. * Documents submitted with Bids are to be on the forms provided in the Invitation to Bid and photocopies of other required documents. THE FOLLOWING DOCUMENTS SHALL BE RETURNED WITH THE BID: Solicitation, Offer, and Bid Form. The Bid Form must contain an original signature in indelible ink. Bids with photocopies or scanned signatures will not be accepted. PD Bid Form Protected.xlsx spreadsheet in electronic format. Bid Surety (bond, check, etc.) THE FOLLOWING DOCUMENTS SHOULD BE RETURNED WITH THE BID: Sworn Statement Pursuant to Section (3)(A), Florida Statutes on Entity Crimes. Drug-Free Workplace Form. Information Sheet for Transactions and Conveyances Corporate Identification. Certificate of Authority to do Business from the State of Florida. Occupational License. Florida Department of Business and Professional Regulation License(s), Certification(s), and/or Registration(s). Public Records Exemption of Building Plans BEFORE YOU SUBMIT YOUR BID, HAVE YOU: Placed your bid with all required submittal items in a sealed envelope, clearly marked for specification number, project name, name of bidder, and due date and time of bid receipt? THE FOLLOWING DOCUMENTS ARE REQUIRED UPON NOTICE OF AWARD: Certificate of Insurance Payment and Performance Bonds This form is for your convenience to assist in filling out your bid. Do not return this form with your bid.

7 ENSENADA UNO & DOS DRAINAGE IMPROVEMENT PROJECT PD TABLE OF CONTENTS Forms marked with an (* Asterisk) must be returned with the Bid. Forms marked with a (** Double Asterisk) should be returned with the Bid. Page Solicitation, Offer, and Bid Form * Sworn Statement Pursuant to Section (3)(A), Florida Statutes on Entity Crimes ** Drug-Free Workplace Form ** Information Sheet for Transactions and Conveyances Corporate Identification ** List of General Terms and Conditions (Incorporated by Reference) Special Terms and Conditions Index of Documents (Incorporated by Reference and Revised as Indicated Within the Solicitation) Exhibit H Working Drawings Exhibit I Technical Specifications 23 32

8 SIGN AND RETURN THIS FORM WITH YOUR BID* SOLICITATION, OFFER AND BID FORM Submit Offers to: Jeffrey Lovingood Purchasing Specialist Office of Purchasing, 2 nd Floor, Room Palafox Place, Pensacola, FL Post Office Box 1591, Pensacola, FL Phone: ESCAMBIA COUNTY, FLORIDA Invitation to Bid ENSENADA UNO & DOS DRAINAGE IMPROVEMENT PROJECT Solicitation Number PD Solicitation MAILING DATE: March 05, 2018 PRE-SOLICITATION CONFERENCE: A non-mandatory Pre-Solicitation Conference will be held in the Office of Purchasing Conference Room, , at 213 Palafox Pl. Pensacola, FL 32502, at 10:00 AM CDT, March 20, OFFERS WILL BE RECEIVED UNTIL: 2:00 PM CDT, April 4, 2018, and may not be withdrawn within 90 days after such date and time. POSTING OF SOLICITATION TABULATIONS Solicitation tabulations with recommended awards will be posted for review by interested parties at the Escambia County office of Purchasing, and will remain posted for a period of two (2) business days. Failure to file a protest in writing with two (2) business days after posting of the solicitation tabulation shall constitute a waiver of any protest relating to this solicitation. All protests must be filed with the Escambia County Office of Purchasing. Protests will be handled according to the Escambia County Purchasing Ordinance. OFFER (SHALL BE COMPLETED BY OFFEROR) Federal Employer Identification Number or S.S. Number: Delivery Date will be days after receipt of purchase order Vendor Name: Address: City, ST. & Zip: Phone: Toll Free: Fax: I certify that this offer is made without prior understanding, agreement, or connection, with any Corporation, firm or person submitting an offer for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this offer and certify that I am authorized to sign this offer for the Offeror and that the Offeror is in compliance with all requirements of the solicitation, including but not limited to certification requirements. In submitting an offer to Escambia County Florida, the Offeror agrees that if the offer is accepted, the Offeror will convey, sell, assign or transfer to Escambia County Florida all rights title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchase or acquired by Escambia County Florida. At the County s discretion, such assignment shall be made and become effective at the time the County tenders final payment to the Offeror. Bid Form Terms of Payment Bid Bond Attached: $ (Name and Title of Person Authorized to Sign Offer) * Signature of Person Authorized to Sign Offer (Original Signature Required) * Failure to execute this Form binding the bidder/proposer s offer shall result in the bid/proposal being rejected as nonresponsive. Bid Total $ NOTE: This Bid Form is not complete without the Bid Form Excel Spreadsheet PD Bid Form Protected.xlsx submitted in electronic format with the sealed bid. Unit Ext Qty Unit Line Description Cost Price 001 Mobilization, Miles 1 EA $ Clearing and Grubbing (Including Trees UNDER 12" dia.), per County Specifications SY $0.00

9 003 Remove and Replace Unsuitable Materials 1000 CY $ Dewatering, Well Point 175 LF $ Fiber Reinforced Concrete Flume 4 SY $ Saw cut Existing Concrete 10 LF $ Remove Concrete Swale 20 SY $ Class I Concrete for Endwalls (steel included) 4 CY $ " Depth Rip Rap Rubble w/ 4" Bedding Stone and Geotextile 58 SY $ Stone Rip Rap, Class II 20 TON $ Floating Turbidity Barrier 155 LF $ Remove Existing Rubble (Stone Rip Rap or Concrete) 10 CY $ Duckbill Check Valve including hardware 2 EA $ Deck over check valve including hardware 2 EA $0.00 Total $0.00 CONTRACTOR REQUIREMENTS Acknowledgment is hereby made of receipt of the following addenda issued during the bidding period: Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date (PLEASE TYPE INFORMATION BELOW) SEAL IF BID IS BY CORPORTATION State of Florida Department of State Certificate of Authority Document Number Occupational License # Florida DBPR Contractor s License, Certification, and/or Registration # Type of Contractor s License, Certification, and/or Registration Expiration Date: County Permits/Fees Required for this Project: Person to Contact Concerning This Bid: Name: Phone: Person to Contact for Emergency Service: Name: Phone:

10 Attached to bid you shall find a bid bond, cashier s check, or certified check (circle one that applies) in the amount of five percent (5%) of bid. The work shall be substantially completed within sixty (60) calendar days from the Commencement Date. The Bidder agrees to fully complete all work included above within ninety (90) consecutive calendar days from the date of Notice to Proceed. Liquidated damages of $1, each day will be assessed for each day that completion of the project is delayed. All work to be accomplished under this bid shall be the responsibility of Bidder and failure of Sub-Contractors to perform shall not relieve Bidder of any liquidated damages. A Bid Bond in the amount of five percent (5%) of base bid is to be furnished by each Bidder. Bidder further acknowledges that all of the work outlined above may not be required at the discretion of Escambia County. The total will be subject to total funds available during the course of the work. However, it is the intent of Escambia County at this time to substantially complete the listed work. Names and addresses of proposed Subcontractors to be utilized for work on this project:

11 SWORN STATEMENT PURSUANT TO SECTION (3)(A), FLORIDA STATUTES, ON ENTITY CRIMES 1. This sworn statement is submitted to (Print Name of Public Entity) By (Print Individual s Name and Title) For (Print Name of Entity Submitting Sworn Statement) Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 2. I understand that a public entity crime as defined in Paragraph (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that convicted or conviction as defined in paragraph (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an affiliate as defined in Paragraph (1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term affiliate includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person or a pooling of equipment or income among persons when not for fair market value under an arm s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate.

12 c. I understand that a person as defined in Paragraph (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term person includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. d. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. Indicate which statement applies. Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with a convicted of a public entity crime subsequent to July 1, However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that is not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH ONE (1) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION , FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature Sworn to and subscribed before me this day of, 20. Personally known OR produced identification Type of Identification: Notary Public: State of My Commission Expires: (Printed, Typed, or Stamped Commissioned Name of Notary Public)

13 Drug-Free Workplace Form The undersigned vendor, in accordance with Florida Statue hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph One (1). 4. In the statement specified in Paragraph One (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or please of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug assistance or rehabilitation program if such is available in the employee s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 through 5. Check One: As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. As the person authorized to sign this statement, this firm does not comply fully with the above requirements. Offeror s Signature Date

14 Information Sheet for Transactions and Conveyances Corporate Identification (Page 1 of 2) The following information will be provided to the Escambia County Legal Department for incorporation in legal documents. It is, therefore, vital that all information is accurate and complete. Please be certain that all spelling, capitalization, etc. is exactly as registered with the state or Federal Government. (Please Circle One) Is this a Florida Corporation: Yes or No If not a Florida Corporation: In what state was it created: Name as spelled in that state: What kind of corporation is it: For Profit or Not for Profit Is it in good standing: Yes or No Authorized to transact business in Florida: Yes or No State of Florida Department of State Certificate of Authority Document Number: Does it use a registered fictitious name: Yes or No Names of Officers: President: Vice President: Director: Other: Secretary: Treasurer: Director: Other: Name of Corporation (As Used in Florida) (Spelled Exactly as it is Registered with the state or Federal Government) Corporate Address: Post Office Box: City, State, Zip: Street Address: City, State, Zip: (Please provide both the Post Office Box and street address for mail and/or express delivery; also for recorded instruments involving land.) Please complete this form on the following page.

15 Information Sheet for Transactions and Conveyances Corporate Identification (Page 2 of 2) Federal Identification Number: (For all instruments to be recorded, taxpayer s identification is needed.) Contact Person for Company: Telephone: Facsimile: Name of Individual Who Will Sign the Instrument on Behalf of the Company: Upon Certification of Award, Contract shall be signed by the President or Vice President. Any other officer shall have permission to sign via a resolution approved by the Board of Directors on behalf of the company. Awarded Contractor shall submit a copy of the resolution together with the executed Contract to the Office of Purchasing. (Spelled exactly as it would appear on the instrument.) Title of the Individual Named Above Who Will Sign on Behalf of the Company: END Verified by: Date:

16 ESCAMBIA COUNTY, FLORIDA GENERAL TERMS and CONDITIONS The following General Terms and Conditions are incorporated by reference and have the same legal effect as if printed in its entirety. A full textual copy of these conditions may be obtained by visiting the Office of Purchasing web site (see Bid Information below), by telephoning the Office of Purchasing at , or by fax at NOTE: Any and all Special Terms and Conditions and specifications referenced within the solicitation which varies from these General Terms and Conditions shall have precedence. Submission of the Bidder/Proposal Solicitation, Offer, and Bid/Proposal Form(s) in accordance with these General Terms and Special Terms and Conditions constitutes an offer from the Offeror. If any or all parts of the offer are accepted by Escambia County Florida, an authorized representative of the County shall affix his signature hereto, and this shall then constitute a written Agreement between parties. The conditions incorporated herein become a part of the written Agreement between the parties. BID INFORMATION: See Escambia County Office of Purchasing web site at then click Solicitations. 1. Sealed Solicitations 2. Execution of Solicitation 3. No Offer 4. Solicitation Opening 5. Prices, Terms, and Payment 5.01 Taxes 5.02 Discounts 5.03 Mistakes 5.04 Condition and Packaging 5.05 Safety Standards 5.06 Invoicing and Payment 5.07 Annual Appropriations 6. Additional Terms and Conditions 7. Manufacturers Name and Approved Equivalents 8. Interpretations/Disputes 9. Conflict of Interest 9.01 County Procedure on Acceptance of Gifts 9.02 Contractors Required to Disclose Any Gift Giving 9.03 Gratuities 10. Awards 11. Non-Conformation to Contract Conditions 12. Inspection, Acceptance, and Title 13. Governmental Restrictions 14. Legal Requirements 15. Patents and Royalties 16. Price Adjustments 17. Cancellation 18. Abnormal Quantities 19. Advertising 20. Assignment 21. Liability

17 The following General Terms and Conditions are incorporated by reference (Continued) 22. Facilities 23. Distribution of Certification of Contract 24. The Successful Bidder(s) Must Provide 25. Addition/Deletion of Items 26. Ordering Instructions 27. Public Records 28. Delivery 29. Samples 30. Additional Quantities 31. Service and Warranty 32. Default 33. Equal Employment Opportunity 34. Florida Preference 35. Contractor Personnel 36. Award 37. Uniform Commercial Code 38. Contractual Agreement 39. Payment Terms/Discounts 40. Improper Invoice; Resolution of Disputes 41. Public Entity Crimes 42. Suspended and Debarred Vendors 43. Drug-Free Workplace Form 44. Information Sheet for Transactions and Conveyances 45. Copies 46. License and Certifications For access to Certification/Registration Form for doing Business in Florida, go to the Department of State, Division of Corporations, URL: Execution of Contract 48. Purchase Order 49. No Contingent Fees 50. Solicitation Expenses 51. On-Line Auction Services

18 SPECIAL TERMS AND CONDITIONS The Board of County Commissioners, Escambia County, Florida, invites your company to submits a sealed offer on the item(s) as listed in this solicitation request. All terms and conditions below are a part of this request, and no offer will be accepted unless all these conditions have been complied with. The County reserves the right to waive informalities in any offer; to reject any or all offers, in whole or in part, and/or to accept the offer(s) that in its judgement is from the lowest, most responsible, and responsive Offeror(s). 1. General Information Instructions to Offerors All offers to be considered shall be in the possession of the Office of Purchasing prior to the time of the solicitation closing. Offers may be mailed or delivered to the Office of Purchasing, 2 nd Floor, Room , Matt Langley Bell, III Bldg., 213 Palafox Place, Pensacola, FL 32502, in a sealed envelope clearly marked: Specification Number PD , Ensenada Uno & Dos Drainage Improvement Project, Name of Submitting Firm, Date and Time Due. Note: If you are using a courier service (FedEx, Airborne, UPS, etc.) you must mark the air-bill and envelope or box with the Specification number and project name. Regardless of the method of delivery, each Offeror shall be responsible for his offer(s) being delivered on time as the County assumes no responsibility for same. Offers offered or received after the time set for solicitation closing will be rejected and returned unopened to the Offeror(s). The Following Policy will apply to all methods of source selection: A. Conduct of Participants After the issuance of any solicitation, all bidders/proposers/protestors or individuals acting on their behalf are hereby prohibited from lobbying as defined herein or otherwise attempting to persuade or influence any elected County officials, their agents or employees or any member of the relevant selection committee at any time during the blackout period as defined herein; provided, however, nothing herein shall prohibit bidders/proposers/protestors or individuals acting on their behalf from communicating with the purchasing staff concerning a pending solicitation unless otherwise provided for in the solicitation or unless otherwise directed by the Purchasing Manager. B. Definitions Blackout Period means the period between the time the bids/proposals for invitations for bid or the request for proposal, or qualifications, or information, or requests for letters of interest, or the invitation to negotiate, as applicable, are received at the Escambia County Office of Purchasing and the time the Board awards the contract and any resulting bid protest is resolved or the solicitation is otherwise cancelled.

19 Lobbying means the attempt to influence the thinking of elected County officials, their agents or employees or any member of the relevant Selection Committee for or against a specific cause related to a pending solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication. C. Sanctions 2. Scope of Work The Board may impose any one or more of the following sanctions on a nonemployee for violations of the policy set forth herein: 1) Rejection/Disqualification of Submittal, 2) Termination of Contract; or 3) Suspension or Debarment as Provided in Sec of the Escambia County Code of Ordinances. This policy is not intended to alter the procedure for Protested Solicitations and Awards as set forth in the Sec of the Escambia County Code of Ordinances. The Ensenada Uno and Dos Drainage Improvement Project consists of the installation of duck bill-style check valve, headwall, decking, and rip-rap at two (2) outfalls to aide in the control of tidally influenced water. Historically, during periods of abnormally high tides or prevailing north winds, water from the intercoastal would back-flow through the outfalls and stand in the adjacent cul-de-sacs. All permits have been received from the ACOE and FDEP for the installation of these devises. 3. Bid Surety Licenses: General Contractors License Underground Utilities License Work Zone Safety Traffic Supervisor Certifications Each offer shall be accompanied by a bid bond, cashier's check or certified check in the amount of 5% of the total offer. Checks or bonds are to be made payable to Escambia County, Florida. The amount of the bond or check is the amount of liquidated damages agreed upon should the Offeror fail or refuse to enter into a contract with the County. A County warrant in the amount of the bid check(s) of the successful Offeror(s) will be returned immediately after the Offeror and the County are mutually bound by contract as evidenced by signatures thereto by an authorized representative of both the Offeror and the County, and/or the Offeror accepts the purchase order by signing the Solicitation, Offer and Bid Form/acceptance copy of same and returning to the County Purchasing

20 department. Any unsuccessful Offeror(s) will have the amounts of his cashier's or certified check returned via County warrant promptly after award. All Offerors agree that any interest earned on any bid surety while in possession of the County, or its agents, shall be retained by the County. 4. Performance and Payment Bonds The County shall require the successful Offeror(s) to furnish separate performance and payment bonds, under pledge of adequate surety and covering up to 100% of the dollar value of award on the forms provided by the County. Such bonds shall be issued by sureties authorized to act as a surety by the State of Florida. Bonds of the successful Offeror(s) shall be reviewed by the Office of Purchasing to assure compliance, then recorded in the Office of the Clerk of the Circuit Court Recording Office, 1st Floor, 221 Palafox Place, Pensacola, Florida, by the successful Offeror at his expense before the contract is executed. The cost of recording is $10.00 for the first page and $8.50 for each additional page. 5. Procurement Questions Procurement questions may be directed to Jeffrey Lovingood, Purchasing Specialist, , JDLovingood@myescambia.com. The final date for submitting questions is March 26, 2018, by 5:00 PM CDT. 6. Bid Forms This Solicitation contains a Solicitation, Offer, and Bid Form, which shall be submitted in a sealed envelope, with Original signatures in indelible ink, and signed in the proper spaces. Responses on vendor forms will not be accepted. The Solicitation, Offer, and Bid Form is not complete without the associated PD Bid Form Protected.xlsx spreadsheet submitted in an electronic format in the sealed bid. The Offeror s Checklist included in this Solicitation provides instructions to the Offeror on the documentation to be submitted during the procurement process. 7. Pre-Solicitation Conference A non-mandatory Pre-Solicitation Conference will be held at the the Office of Purchasing Conference Room, 2 nd Floor, Room , Matt Langley Bell, III Bldg., 213 Palafox Place, Pensacola, FL 32502, on March 20, 2018 at 10:00 AM CDT. It is strongly encouraged that all potential bidders attend this non-mandatory conference so they can ask questions and be automatically notified of any updates prior to the Bid Opening. 8. Liquidated Damages Should the awarded vendor fail to complete the required services or make delivery of the commodities or equipment within the time(s) specified in the contract, or within such additional time(s) as may be granted by Escambia County, the County will suffer damage, the amount of which is difficult, if not impossible to ascertain therefore, the vendor shall pay to the County, as liquidated damages, the sum of $1, for each calendar day of delay that actual completion extends beyond the time limit specified until such reasonable time as may be required for final completion of the work. Such sum is

21 mutually agreed upon as a reasonable and proper amount of damages the County will sustain per diem by failure of the vendor to complete the services or make delivery within the specified time. The costs for liquidated damages shall not be construed as a penalty on the vendor. 9. Codes and Regulations The awarded vendor shall strictly comply with all federal, state and local building and safety codes. 10. Payment Partial payments in the full amount for the value of items received and accepted may be requested by the submission of a properly executed original invoice, with supporting documents if required. Payment for accepted equipment/supplies/services will be accomplished by submission of an original invoice, in duplicate, to: 11. Warranty Clerk of the Circuit Court Attention: Accounts Payable 221 Palafox Place Pensacola, FL The awarded vendor shall fully warrant all equipment furnished hereunder against defect in materials and/or workmanship for a period of two (2) years from date of delivery/acceptance by Escambia County. Should any defect in materials or workmanship, except ordinary wear and tear, appear during the above stated warranty period, the awarded vendor shall repair or replace same at no cost to the County, immediately upon written notice from the Purchasing Manager. 12. Debris Awarded vendor shall be responsible for the prompt removal of all debris, which is a result of this contractual service. 13. Protection of Property/Security The awarded vendor shall provide all barricades and take all necessary precautions to protect buildings and personnel. All work shall be completed in every respect and accomplished in a professional manner and awarded vendor shall provide for removal of all debris from County property. The awarded vendor shall at all times guard against damage or loss to property of Escambia County, or of other vendors or contractors, and shall be held responsible for replacing or repairing any such loss or damage. The County may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the awarded Offeror or his agent. The awarded vendor shall at all times guard against injury to Escambia County employees. The vendor shall properly fence and secure the construction site(s) at all times, including evenings and weekends.

22 The awarded vendor must, at all times, comply with State of Florida and Occupational Safety and Health Administration (OSHA) safety regulations. 14. Permits The County and/or its contracted consultant(s) have conducted a review of required permits and fees required to be purchased by the contractor from the County permitting agencies for this specific project and they are listed on the bid/proposal form(s) to the best of our knowledge. 15. Compliance with Governing Laws and Regulations The Offeror or contractor will be required to fully comply with all applicable federal, state, and local regulations. The Offeror should carefully review these requirements which are detailed in this solicitation. 16. Changes - Service Contracts The County may at any time by issuance of an executed change order make changes within the general scope of the contract in any of the following areas: A. Description of services to be performed. B. Time of performance (i.e., hours of the day, days of the week, etc.). C. Place of performance of the services. If additional work or other changes are required in the areas described above, an offer will be requested from the contractor. Upon negotiation of the offer, execution and receipt of the change order, the contractor shall commence performance of the work as specified. The contractor shall not commence the performance of additional work or other changes not covered by this contract without an executed change order issued by the office of purchasing. If the contractor performs additional work beyond the specific requirements of this contract without an executed change order, it shall be at his own risk. The County assumes no responsibility for any additional costs for work not specifically authorized by an executed change order. 17. Termination A. The contract may be canceled by the contractor, for good cause, upon ninety (90) days prior written notice. B. The County retains the right to terminate the contract, with or without good cause, upon thirty (30) days prior written notice. C. In the event of termination by either party as provided herein, the awarded vendor shall be paid for services performed through the date of termination. 18. Licenses, Certifications, Registrations The Offeror shall at any time of bid/proposal submission meet the license, certification, registration and any other requirements of the State, County, City and/or any other agency of authority with jurisdiction in such matters as necessary to perform the

23 contractual services requested in this solicitation. Copies of such licenses, certifications, registrations and any other requirements should be provided with the bid submission; and, the Offeror shall provide follow-up evidence that as the contractor they maintain such credentials throughout the period of agreement. 19. Term of Offer An offer shall constitute an irrevocable offer for a period of ninety (90) days from the solicitation opening date or until the date of award, whichever is earlier, without forfeiting bid bond or check. In the event that an award is not made by the County within ninety (90) days from the solicitation opening date, the Offeror may withdraw his offer or provide a written extension of his offer. 20. Award Award shall be made on an "all-or-none total" basis. 21. Termination The purchase order or contract will be subject to immediate termination if either product or service does not comply with specifications as stated herein or fails to meet the County's performance standards. In the event that any of the provisions of the contract are violated by awarded vendor, Escambia County may serve written notice upon the awarded vendor of its intention to terminate the contract. Such notice is to state the reason(s) for such intention to terminate contract. The liability of the vendor for any and all such violation(s) shall not be affected by any such termination and his surety, if any, shall be forfeited. 22. Termination (Services) The Contract Administrator shall notify the Office of Purchasing of unsatisfactory performance and/or deficiencies in service that remain unresolved or recurring. The Office of Purchasing shall notify the contractor, in writing, of such unresolved or recurring deficiencies within five (5) working days of notification by the Contract Administrator. Upon the third such written notification of unsatisfactory performance and/or deficiencies to the contractor by the Office of Purchasing within a four (4) month period; or the sixth such notification within any contract term, shall result in issuance of written notice of immediate contract termination to the contractor by the Office of Purchasing. Such termination may also result in suspension or debarment of the contractor. 23. Termination (Public Records Request) If the contractor refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the contractor in conjunction with this agreement then the County may, without prejudice to any right or remedy and after giving the contractor and his surety, if any, seven (7) days written notice, during which period contractor still fails to allow access, terminate the employment of the contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by the contractor, and may finish the project by whatever method it may deem expedient. In such case, the contractor shall not be entitled to receive any further payment until the project is finished. Reasonable terminal expenses incurred by the County may be deducted from any payments left owing the contractor (excluding monies owed the contractor for subcontract work.)

24 24. As Specified All items delivered shall meet the specifications herein. Items delivered not as specified will be returned at no expense by Escambia County. The County may return, for full credit, any unused items received which fail to meet the County's performance standards. Non-Contract Insurance Requirements 25. Standard Insurance Requirements and Certificates This offer contains an extensive insurance requirement. Offerors are encouraged to review these requirements with their insurance agents before submitting offers. It is not necessary to have this level of insurance in effect at the time of submitting the offer. A letter from the Offeror's insurance carrier will be required as evidence that the Offeror will be able to obtain the levels of insurance as required by the contract and indicated on the Sample Certificate of Insurance should your firm be awarded the contract. A. County Insurance Required The contractor shall procure and maintain the following described insurance, except for coverages specifically waived by the County. Such policies shall be from insurers with a minimum financial size of VII according to the latest edition of the AM Best Rating Guide. An A or better Best Rating is "preferred"; however, other ratings if "Secure Best Ratings" may be considered. Such policies shall provide coverages for any or all claims which may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of the contract documents, whether such services, work and operations be by the contractor, its employees, or by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. The contractor shall require, and shall be responsible for assuring throughout the time the agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor s work, such of the insurance coverages described herein as are required by law to be provided on behalf of their employees and others. The required insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. These insurance requirements shall not limit the liability of the contractor. The County does not represent these types or amounts of insurance to be sufficient or adequate to protect the contractor s interests or liabilities, but are merely minimums. Except for worker s compensation and professional liability, the contractor s insurance policies shall be endorsed to name Escambia County as an additional insured to the extent of its interests arising from this agreement, contract or lease. The contractor waives its right of recovery against the County, to the extent permitted by its insurance policies.

25 The contractor s deductibles/self-insured retentions shall be disclosed to the County and may be disapproved by the County. They shall be reduced or eliminated at the option of the County. The contractor is responsible for the amount of any deductible or self-insured retention. Insurance required of the contractor or any other insurance of the contractor shall be considered primary, and insurance of the County, if any, shall be considered excess, as may be applicable to claims obligations which arise out of this agreement, contract or lease. B. Workers Compensation Coverage The contractor shall purchase and maintain worker s compensation insurance for all worker s compensation obligations imposed by state law and with employer s liability limits of at least $100,000 each accident and $100,000 each employee/$500,000 policy limit for disease, or a valid certificate of exemption issued by the state of Florida, or an affidavit in accordance with the provisions of Florida Workers Compensation law. Contractor shall also purchase any other coverages required by law for the benefit of employees. C. General, Automobile and Excess or Umbrella Liability Coverage The contractor shall purchase and maintain coverage on forms no more restrictive than the latest editions of the commercial general liability and business auto policies of the insurance services office. Minimum limits of $1,000, per occurrence for all liability must be provided, with excess or umbrella insurance making up the difference, if any, between the policy limits of underlying policies (including employer s liability required in the worker s compensation coverage section) and the total amount of coverage required. D. General Liability Coverage - Occurrence Form Required Coverage A shall include bodily injury and property damage liability for premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement, contract or lease, broad form property damage coverages, and property damage resulting from explosion, collapse or underground (x,c,u) exposures. Coverage B shall include personal injury. Coverage C, medical payments, is not required. The contractor is required to continue to purchase products and completed operations coverage, at least to satisfy this agreement, contract or lease, for a minimum of three years beyond the County s acceptance of renovation or construction projects. E. Business Auto Liability Coverage Business auto liability coverage is to include bodily injury and property damage arising out of ownership, maintenance or use of any auto, including owned, nonowned and hired automobiles and employee non-ownership use.

26 The General Liability and Business Auto Liability policies shall be endorsed to include Escambia County as an additional insured and provide for 30-day notification of cancellation. F. Excess or Umbrella Liability Coverage (If utilized to achieve required policy limits) Umbrella liability insurance is preferred, but an excess liability equivalent may be allowed. Whichever type of coverage is provided, it shall not be more restrictive than the underlying insurance policy coverages. Umbrella coverage shall drop down to provide coverage where the underlying limits are exhausted. G. Evidence/Certificates of Insurance Required insurance shall be documented in certificates of insurance. If and when required by the County, certificates of insurance shall be accompanied by documentation that is acceptable to the County establishing that the insurance agent and/or agency issuing the certificate of insurance has been duly authorized, in writing, to do so by and on behalf of each insurance company underwriting the insurance coverage(s) indicated on each certificate of insurance. New certificates of insurance are to be provided to the County at least 30 days prior to coverage renewals. Failure of the contractor to provide the County with such renewal certificates may be considered justification for the County to terminate this agreement, contract or lease. Certificates should contain the following additional information: 1. Indicate that Escambia County is an additional insured on the liability and business auto policies. 2. Include a reference to the project and the Office of Purchasing number. 3. Disclose any self-insured retentions in excess of $1, Designate Escambia County as the certificate holder as follows: Escambia County Attention: Jeffrey Lovingood, Purchasing Specialist Office of Purchasing, Room P.O. Box 1591 Pensacola, FL Fax (850) Indicate that the County shall be notified at least 30 days in advance of cancellation. Receipt of certificates or other documentation of insurance or policies or copies of policies by the County, or by any of its representatives, which indicate less coverage than required does not constitute a waiver of the contractor s obligation to fulfill the insurance requirements herein. If requested by the County, the contractor shall furnish complete copies of the contractor s insurance policies, forms and endorsements, and/or such additional information with respect to its insurance as may be requested.

27 For commercial general liability coverage, the contractor shall, at the option of the County, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. H. Endorsements/Additional Insurance 26. Indemnification The County may require the following endorsements or additional types of insurance. Builders Risk Coverage Builders risk insurance is to be purchased to cover subject property for all risks of loss, subject to a waiver of coinsurance, and covering off-site storage, transit and installation risks as indicated in the installation floater and motor truck cargo insurance described hereafter, if such coverages are not separately provided. The builders risk insurance is to be endorsed to cover the interests of all parties, including the County and all contractors and subcontractors. The insurance is to be endorsed to grant permission to occupy. Contractor s Equipment Coverage Contractor s equipment insurance is to be purchased to cover loss of equipment and machinery utilized in the performance of work by the contractor. All risks coverage is preferred. Fidelity/Dishonesty Coverage - for Employer Fidelity/dishonesty insurance is to be purchased to cover dishonest acts of the contractor s employees, including but not limited to theft of vehicles, materials, supplies, equipment, tools, etc., especially property necessary to work performed. Fidelity/Dishonesty/Liability Coverage - for County Fidelity/dishonesty/liability insurance is to be purchased or extended to cover dishonest acts of the contractor s employees resulting in loss to the County. Watercraft Liability Coverage Because the contractor s provision of services involves utilization of watercraft, watercraft liability coverage must be provided to include bodily injury and property damage arising out of ownership, maintenance or use of any watercraft, including owned, non-owned and hired. Coverage may be provided in the form of an endorsement to the general liability policy, or in the form of a separate policy covering watercraft liability or protection and indemnity. Pollution/Environmental Impairment Liability Coverage Pollution/environmental impairment liability insurance is to be purchased to cover pollution and/or environmental impairment which may arise from this agreement or contract.

28 Contractor agrees to save harmless, indemnify, and defend County and Architect/Engineer and their, agents, officers and employees from any and all claims, losses, penalties, interest, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, death, property damage, direct or consequential damages, or economic loss, including environmental impairment, arising directly or indirectly on account of or in connection with the Work done by Contractor under this Agreement or by any person, firm or corporation to whom any portion of the Work is subcontracted by Contractor or resulting from the use by Contractor, or by any one for whom Contractor is legally liable, of any materials, tools, machinery or other property of County. County and Contractor agree the first $ of the Contract Amount paid by County to Contractor shall be given as separate consideration for this indemnification, and any other indemnification of County by Contractor provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by Contractor by Contractor's acceptance and execution of the Agreement. The Contractor's obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance. The Contractor agrees to pay on behalf of Escambia County, as well as provide a legal defense for the County, both of which will be done only if and when requested by the County, for all claims made. Such payment on the behalf of the County shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the County's exclusive remedy.

29 Index of Documents Standard Construction Contract Documents (Incorporated by reference and available by contacting the Office of Purchasing (850) or on-line at must have ADOBE Reader, click link to On- Line Solicitations then click on the Standard Construction Contract Documents link in listing for this solicitation). Agreement Declaration (Revised as indicated by asterisk) Section 1 *B. Four (4) sets of contract documents Section 2 Section 3 Section 4 Section 5 *A. Substantially Complete in 60 calendar days Exhibits Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Fully Complete and ready for Final Inspection in 90 calendar days *B. Liquidated Damages at $1, for each calendar day *A. Public Works Department - Engineering Division 3363 West Park Place Pensacola, FL Attn: Cooper Saunders (Revised as indicated by asterisk) A. General Terms and Conditions *4.4 Four (4) copies of each Application for Payment *21.1 Two (2) year(s) after final completion B C Form of Performance and Payment Bond Insurance and Safety Requirements

30 BOARD OF COUNTY COMMISSIONERS ESCAMBIA COUNTY, FLORIDA PUBLIC WORKS BUREAU ENGINEERING DIVISION SCALE: 1"=50,000' INDEX OF PLANS SHEET NO. SHEET DESCRIPTION C1 KEY SHEET C2 GENERAL NOTES C3 SUMMARY OF PAY ITEMS & QUANTITIES C4 DRAINAGE MAP & PROJECT LAYOUT C5 DEMOLITION & EROSION CONTROL PLAN C6 ENSENADA UNO, PLAN & PROFILE C7 ENSENADA UNO, DETAIL C8 ENSENADA DOS, PLAN & PROFILE C9 ENSENADA DOS, DETAIL PLANS PROPOSED FOR ENSENADA UNO & ENSENADA DOS DRAINAGE IMPROVEMENTS 60% PLAN SUBMITTAL 3/29/2017 PROJECT LOCATION TASK ORDER: ENG THESE PLANS HAVE BEEN PREPARED IN ACCORDANCE WITH THE LATEST ESCAMBIA COUNTY TECHNICAL SPECIFICATIONS. ANY REFERENCE TO FDOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, LATEST EDITION, DIVISION 1, GENERAL REQUIREMENTS AND COVENANTS, SHALL BE EXCLUDED AND NOT APPLICABLE TO ANY SPECIFICATION REFERRED HEREIN OR OTHERWISE LISTED IN THESE PLANS OR RELATED DOCUMENTS OR THE ESCAMBIA COUNTY TECHNICAL SPECIFICATIONS. HAMMOND ENGINEERING, INC. FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH "S" STREET PENSACOLA, FLORIDA FAX DISTRICT ONE DISTRICT TWO DISTRICT THREE DISTRICT FOUR DISTRICT FIVE COMMISSIONERS JEFF BERGOSH, VICE CHAIRMAN DOUG UNDERHILL, CHAIRMAN LUMON MAY GROVER ROBINSON IV STEVEN BARRY VICINITY MAP PROJECT MANAGER: C. SAUNDERS SECTION / TOWNSHIP / RANGE: DISTRICT: 28 / 2S / 26W 4 PROJECT ENGINEER: REG FLA ENG NO: T. HAMMOND SIGNATURE: DATE:

31 GENERAL NOTES: UTILITY NOTES: FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

32 FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

33 FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

34 FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

35 FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

36 FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

37 FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

38 FLORIDA AUTHORIZATION NO ALABAMA AUTHORIZATION NO NORTH 'S' STREET PENSACOLA, FL PHONE: (850) FAX: (850)

39 Florida Department of Environmental Protection Northwest District Office 160 W. Government Street, Suite 308 Pensacola, Florida Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary Permittee/Authorized Entity: Escambia County Board of County Commissioners c/o Cooper Saunders 221 Palafox Place Pensacola, Florida 32502, Escambia County Escambia County Ensenada Drainage Improvements Authorized Agent: Keith Johnson 3308 Gulf Beach Highway Pensacola, Florida Environmental Resource Permit State-owned Submerged Lands Authorization Granted U.S. Army Corps of Engineers Authorization Separate Corps Authorization Required Escambia County Permit No.: EI/17 Permit Issuance Date: August 22, 2017 Permit Construction Phase Expiration Date: August 22,

40 Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization Permittee/Grantee: Escambia County Board of County Commissioners Permit No: EI/17 PROJECT LOCATION The activities authorized by this permit and sovereignty submerged lands authorization are located at Ensenada Uno and Ensenada Dos, Pensacola Beach, Florida 32561, in Section 07, Township 03 South, Range 28 West in Escambia County, at North Latitude, West Longitude and at North Latitude, West Longitude. PROJECT DESCRIPTION The permittee is authorized to improve two separate outfall structures with straight concrete headwalls, duckbill check valves and riprap. The project is located within the Santa Rosa Sound, Class II Outstanding Florida Waters, Unclassified Shellfish Harvesting Area. Authorized activities are depicted on the attached exhibits. AUTHORIZATIONS Escambia County Ensenada Drainage Improvements Environmental Resource Permit The Department has determined that the activity qualifies for an Environmental Resource Permit. Therefore, the Environmental Resource Permit is hereby granted, pursuant to Part IV of Chapter 373, Florida Statutes (F.S.), and Chapter , Florida Administrative Code (F.A.C.). Sovereignty Submerged Lands Authorization The activity is located on sovereignty submerged lands owned by the State of Florida. It therefore also requires authorization from the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), pursuant to Article X, Section 11 of the Florida Constitution, and Section , F.S. As staff to the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees) under Sections , F.S., the Department has determined that the activity qualifies for and requires a Letter of Consent, as long as the work performed is located within the boundaries as described and is consistent with the terms and conditions herein. During the term of this Letter of Consent you shall maintain satisfactory evidence of sufficient upland interest as required by paragraph (3)(b), F.A.C. If such interest is terminated or the Board of Trustees determines that such interest did not exist on the date of issuance of this Letter of Consent, this Letter of Consent may be terminated by the Board of Trustees at its sole option. If the Board of Trustees terminates this Letter of Consent, you agree not to assert a claim or defense against the Board of Trustees arising out of this Letter of Consent. Federal Authorization Your proposed activity as outlined on your application and attached drawings does not qualify for Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE permit or authorization shall be required from the Corps. A copy of your permit application has been forwarded to the Corps for their review. The Corps will issue their authorization directly to Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 2 of 13

41 you or contact you if additional information is needed. If you have not heard from the Corps within 30 days from the date your application was received at the local FDEP Office, contact the Corps for status and further information. Failure to obtain Corps authorization prior to construction could subject you to federal enforcement action by that agency. Authority for review - an agreement with the USACOE entitled Coordination Agreement Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of Environmental Protection, or Duly Authorized Designee, State Programmatic General Permit, Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act. Coastal Zone Management Issuance of this authorization also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Zone Management Act. Water Quality Certification This permit also constitutes a water quality certification under Section 401 of the Clean Water Act, 33 U.S.C Other Authorizations You are advised that authorizations or permits for this activity may be required by other federal, state, regional, or local entities including but not limited to local governments or municipalities. This permit does not relieve you from the requirements to obtain all other required permits or authorizations. The activity described may be conducted only in accordance with the terms, conditions and attachments contained in this document. Issuance and granting of the permit and authorizations herein do not infer, nor guarantee, nor imply that future permits, authorizations, or modifications will be granted by the Department. PERMIT / SOVEREIGNTY SUBMERGED LANDS CONDITIONS The activities described must be conducted in accordance with: The Specific Conditions The General Conditions The General Conditions for Sovereignty Submerged Lands Authorization The Special Consent Conditions The limits, conditions and locations of work shown in the attached drawings The term limits of this authorization You are advised to read and understand these conditions and drawings prior to beginning the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions, and drawings herein. If you are using a contractor, the contractor also should read and understand these conditions and drawings prior to beginning any activity. Failure to comply with these conditions, including any mitigation requirements, shall be grounds for the Department to revoke the permit and authorization and to take appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and this permit and sovereignty submerged lands authorization, as described. Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 3 of 13

42 SPECIFIC CONDITIONS - PRIOR TO ANY CONSTRUCTION 1. If the approved permit drawings and/or narrative conflict with the specific conditions, then the specific conditions shall prevail. 2. Prior to the initiation of any work authorized by this permit, floating turbidity screens with weighted skirts that extend to within 1 ft. of the bottom shall be placed around the active construction areas of the site. The screens shall be maintained and shall remain in place for the duration of the project construction to ensure that turbidity levels outside the construction area do not degrade the ambient water quality of Outstanding Florida Waters. The permittee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order so that there are no violations of state water quality standards outside of the turbidity screens. SPECIFIC CONDITIONS CONSTRUCTION ACTIVITIES 3. The following measures shall be taken by the permittee whenever turbidity levels within waters of the State surrounding the project site exceed the ambient water quality levels of the Outstanding Florida Waters: a. Immediately cease all work contributing to the water quality violation. b. Modify the work procedures that were responsible for the violation, and install more turbidity containment devices and repair any non-functioning turbidity containment devices. c. Notify the Department of Environmental Protection, Submerged Lands & Environmental Resources Program, Compliance and Enforcement Section, Northwest District Office, 160 W Government Street, Pensacola, Florida , in writing or by telephone at (850) within 24 hours of the time the violation is first detected. 4. This permit does not authorize the construction of any additional structures or dredging or filling of wetlands not illustrated on the permit drawings. 5. Best management practices for erosion control shall be implemented and maintained at all times during construction to prevent siltation and turbid discharges in excess of State water quality standards pursuant to Rule , F.A.C. Methods shall include, but are not limited to the use of staked hay bales, staked filter cloth, sodding, seeding, and mulching; staged construction; and the installation of turbidity screens around the immediate project site. 6. The slope of the riprap shall be no steeper than 2:1 (Horizontal/Vertical) and the distance the riprap extends waterward from the MHWL shall be no more than 10 feet. 7. The riprap shall be installed within 14 days of completion of the seawall/new headwall. 8. "Riprap" shall consist of unconsolidated boulders, rocks, or clean concrete rubble with no exposed reinforcing rods or similar protrusions. The riprap shall be free of sediment, debris and toxins or otherwise deleterious substances. Riprap shall have a diameter of at least 12 inches to 3 feet. 9. Riprap shall be installed within a trench at least one foot deep at the toe of slope to lock in filter fabric and/or stone foundation and prevent undercutting. Material excavated from trenching activities may be utilized in creating a 2:1 slope for riprap placement. Any excess material must Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 4 of 13

43 be stored in uplands. Start placing stones at the bottom of the toe trench and work upwards to the top of the slope. The stone must completely cover the filter fabric under liner (geotextile), stone foundation and or natural stabilized foundation and should form a layer 12 to 18 inches thick. 10. There shall be no stock piling of tools, materials, (i.e., lumber, pilings, riprap, and debris) within wetlands, along the shoreline within the littoral zone, or elsewhere within waters/waters of the state. 11. All demolition debris shall be removed as necessary and hauled to an acceptable location for disposal. Coordination with the west neighbor at the Ensenada Uno outfall repair/improvement is recommended for uniformity and tie-in to both improvement projects. Although more exposure to the shoreline working together might be a factor with simultaneous construction, construction duration could result. The county could provide recommendations and direction to the overall improvements. 12. Headwall shall be properly installed with duckbill valve installed and observed during a rain event per manufacturers recommendations. Riprap shall be hand placed over a stable foundation, openings between larger rocks shall be choked with small rock. 13. Construction equipment shall not be repaired or refueled in wetlands or elsewhere within waters of the state. 14. All watercraft associated with the construction of the permitted structure shall only operate within waters of sufficient depth so as to preclude bottom scouring and prop dredging. 15. Any damage to resources outside of the authorized impact area as a result of construction shall be immediately reported to the Department at (850) , and repaired by reestablishing the pre-construction elevations and replanting vegetation of the same species, size, and density as that in the adjacent areas. The restoration shall be completed within 30 days of completion of construction, and the Department shall be notified of its completion within that same 30 day period. SPECIFIC CONDITION OPERATION & MAINTENANCE ACTIVITIES 16. Following final construction, as-built submittal and county acceptance, any unforeseen disruption or failure of the improved storm water flume outfall headwall structures and riprap scour protection located off Ensenada Uno and Ensenada Dos (as identified on the attached drawings) shall be repaired immediately. 17. Regular inspection of installed duckbill valve and headwall assembly shall be inspected randomly and any observed failures or problems shall be reported to FLDEP, especially following a severe storm event. Regular and proper cleaning and disposing of debris shall be ongoing as necessary. SPECIFIC CONDITIONS ADMINISTRATIVE/EMERGENCIES 18. The construction phase expires at 11:59 p.m. on the date indicated on the cover page of this permit. Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 5 of 13

44 19. For emergencies involving a serious threat to the public health, safety, welfare, or environment, the emergency telephone contact number is (800) (State Warning Point). The Department telephone number for reporting nonthreatening problems or system malfunctions is (850) , day or night. GENERAL CONDITIONS FOR INDIVIDUAL PERMITS The following general conditions are binding on all individual permits issued under chapter , F.A.C., except where the conditions are not applicable to the authorized activity, or where the conditions must be modified to accommodate project-specific conditions. 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with Rule , F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance-based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector s Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph (9)(b)5., F.A.C., unless a project-specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form (1), Construction Commencement Notice, [October 1, 2013], which is incorporated by reference in paragraph (1)(d), F.A.C., indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection (5), F.A.C. If available, an Agency website that fulfills this notification requirement may be used in lieu of the form. 5. Unless the permit is transferred under Rule , F.A.C., or transferred to an operating entity under Rule , F.A.C., the permittee is liable to comply with the plans, terms and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 6 of 13

45 a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex Construction Completion and Inspection Certification for Activities Associated With a Private Single-Family Dwelling Unit [Form (3)]; or b. For all other activities As-Built Certification and Request for Conversion to Operational Phase [Form (1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as- built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru of Volume I) as filed with the Department of State, Division of Corporations and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as- built certification, the permittee shall submit Request for Transfer of Environmental Resource Permit to the Perpetual Operation Entity [Form (2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter , F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed. 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 7 of 13

46 of the permit in accordance with Rule , F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If any prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, work involving subsurface disturbance in the immediate vicinity of such discoveries shall cease. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance and Review Section, at (850) or (800) , as well as the appropriate permitting agency office. Such subsurface work shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and notification shall be provided in accordance with Section , F.S. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule , F.A.C., provides otherwise. 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter , F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant s submitted information that reasonably demonstrates that adverse water resource-related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with subsection (7), F.A.C. Such notice is not an encumbrance upon the property. SPECIAL CONSENT CONDITIONS 1. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 8 of 13

47 2. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 3. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 4. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 5. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. GENERAL CONDITIONS FOR SOVEREIGNTY SUBMERGED LANDS AUTHORIZATION Any use of sovereignty submerged lands is subject to the following general conditions, which are binding upon the applicant and are enforceable under Chapter 253, F.S. and Chapter 258, F.S. 1. Sovereignty submerged lands may be used only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use will constitute a violation. Violation of the authorization will result in suspension or revocation of the applicant s use of the sovereignty submerged lands unless cured to the satisfaction of the Board of Trustees. 2. Authorization under Rule , F.A.C., conveys no title to sovereignty submerged lands or water column, nor does it constitute recognition or acknowledgment of any other person s title to such land or water. 3. Authorizations under Rule , F.A.C., may be modified, suspended or revoked in accordance with its terms or the remedies provided in Sections , F.S. and Chapter 18-14, F.A.C. 4. Structures or activities will be constructed and used to avoid or minimize adverse impacts to resources. 5. Construction, use, or operation of the structure or activity will not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A , 68A , and 68A , F.A.C. Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 9 of 13

48 6. Structures or activities will not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity will be modified in accordance with the court s decision. 7. Structures or activities will not create a navigational hazard. 8. Structures will be maintained in a functional condition and will be repaired or removed if they become dilapidated to such an extent that they are no longer functional. 9. Structures or activities will be constructed, operated, and maintained solely for water dependent purposes. 10. The applicant agrees to indemnify, defend and hold harmless the Board of Trustees and the State of Florida from all claims, actions, lawsuits and demands in any form arising out of the authorization to use sovereignty submerged lands or the applicant s use and construction of structures on sovereignty submerged lands. This duty to indemnify and hold harmless will include any and all liabilities that are associated with the structure or activity including special assessments or taxes that are now or in the future assessed against the structure or activity during the period of the authorization. 11. Failure by the Board of Trustees to enforce any violation of a provision of the authorization or waiver by the Board of Trustees of any provision of the authorization will not invalidate the provision not enforced or waived, nor will the failure to enforce or a waiver prevent the Board of Trustees from enforcing the unenforced or waived provision in the event of a violation of that provision. 12. Applicant binds itself and its successors and assigns to abide by the provisions and conditions set forth in the authorization. If the applicant or its successors or assigns fails or refuses to comply with the provisions and conditions of the authorization, the authorization may be terminated by the Board of Trustees after written notice to the applicant or its successors or assigns. Upon receipt of such notice, the applicant or its successors or assigns will have thirty (30) days in which to correct the violations. Failure to correct the violations within this period will result in the automatic revocation of this authorization. 13. All costs incurred by the Board of Trustees in enforcing the terms and conditions of the authorization will be paid by the applicant. Any notice required by law will be made by certified mail at the address shown on page one of the authorization. The applicant will notify the Board of Trustees in writing of any change of address at least ten days before the change becomes effective. 14. This authorization does not allow any activity prohibited in a conservation easement or restrictive covenant that prohibits the activity. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections and , F.S., before the deadline for filing a petition. On the filing of a timely and sufficient petition, this Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 10 of 13

49 action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. Petition for Administrative Hearing A person whose substantial interests are affected by the Department s action may petition for an administrative proceeding (hearing) under Sections and , F.S. Pursuant to Rule , F.A.C., a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency s file or identification number, if known; (b) The name, address, any address, any facsimile number, and telephone number of the petitioner; the name, address, and telephone number of the petitioner s representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner s substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency s proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with Rule (3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section (3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section (3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections and , F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule , F.A.C. Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 11 of 13

50 Extension of Time Under Rule (4), F.A.C., a person whose substantial interests are affected by the Department s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida , before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. FLAWAC Review The applicant, or any party within the meaning of Section (1)(a) or , F.S., may also seek appellate review of this order before the Land and Water Adjudicatory Commission under Section (1) or , F.S. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when this order is filed with the Clerk of the Department. Judicial Review Once this decision becomes final, any party to this action has the right to seek judicial review pursuant to Section , F.S., by filing a Notice of Appeal pursuant to Rules and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida ; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 12 of 13

51 Thank you for applying to the Submerged Lands and Environmental Resource Permit Program. If you have any questions regarding this matter, please contact Wade Dandridge at the letterhead address, at , or at Executed in Orlando, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Andrew Joslyn Permitting Program Administrator aj/wd Attachments: Project Drawings and Design Specs., 7 pages Copies furnished to: Doug Warnat, FDEP, douglas.warnat@dep.state.fl.us U.S. Army Corps of Engineers, terry.s.hayes@usace.army.mil Escambia County, jtkirsche@co.escambia.fl.us, BDBANE@co.escambia.fl.us, bdschneider@co.escambia.fl.us, Department of Community Affairs, Ray.Eubanks@deo.myflorida.com, DCPPermits@deo.myflorida.com CERTIFICATE OF SERVICE The undersigned hereby certifies that this permit and authorization to use sovereignty submerged lands, including all copies, were mailed before the close of business on August 22, 2017, to the above listed persons. FILING AND ACKNOWLEDGMENT FILED, on this date, under (7) of the Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk August 22, 2017 Date Permittee: Escambia County Board of County Commissioners Permit No: EI/17 Page 13 of 13