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2020-12-01 Ex 04CITY OF OKEECHOBEE, PUBLIC WORKS Memo Public Works is requesting the approval to award a contract for paving services, PW 05-10-09-20, FDOT FPN 440372-1 to CW Roberts Contracting Inc. in the amount of $139,848.50. Four bids were received for the project. The total bid amount for each of the vendors is: CW Roberts Contracting Inc. $139,848.50 Florida Blacktop Inc. $152,141.89 Ranger Construction $153,332.00 Hardrives Inc. $168,919.50 A detailed bid tabulation for the project along with the actual bid documents from CW Roberts are attached. This project is a FDOT SCOP-Communities funded project. The grant amount form FDOT is $123,531.00. The difference of $16, 317.50 will be funded from the existing Public Works budget under the $80,000.00 allocation for asphalt and roadway reconstruction, line item 301-549-6300. Given the approximate nature of asphalt work, it is also requested that the City Administrator be authorized to approve adjustments to the final project cost not to exceed $10,000.00 to reflect the actual amounts used for the project. To: Marcos Montes De Oca From: David Allen, Public Works Director Date: 11/20/2020 Re: Requestst for award of SE 3rd Avenue Paving Improvements Project to CW Roberts Inc. CITY OF OKEECHOBEE PW 05-10-09-20 October 22, 2020 3:00 PM Bid Opening Okeechobee Southeast 3rd Avenue Pavement Improvements CONTRACTOR: Florida Blacktop, Inc. Hardrives, Inc. C. W. Roberts Contracting Inc. Ranger Construction ITEM UNIT EST. UNIT EST. UNIT EST. UNIT EST. NO. MEASURE CITY. UNIT PRICE AMOUNT MEASURE QTY. UNIT PRICE AMOUNT MEASURE QrY. UNIT PRICE AMOUNT MEASURE QTY. UNIT PRICE AMOUNT MOBILIZATION / DEMOBILIZATION LUMP LUMP 1 LUMP SUM 1 $ 10,383.43 $ 10,383.43 SUM 1 10,000.00 $ 10,000.00 SUM 1 $ 8,500.00 $ 8,500�00 LUMP SUM 1 $ 11,500.00 $ 11,500.00 . MAINTENANCE OF TRAFFIC LUMP 1$ LUMP 2 LUMP SUM 1 $ 1,657.74 $ 1,657.74 SUM 1 8,000.00 $ 8, 000.00 SUM 1 $ 2,300.00 $ 2,300.00 LUMP SUM 1 $ 9,600.00 $ 9,600.00 INLET PROTECTION SYSTEM 1$ 3 EACH 10 $ 174.72 $ 1,747.20 EACH 10 250.00 $ 2,500.00 EACH 10 $ 235.00 1 $ 2,350.00 EACH 10 $ 109.00 $ 1,090.00 MILL EXISTING ASPHALTIC PAVEMENT, 4 1" AVERAGE DEPTH SQUARE YARD 8742 $ 105 $ 26,663.10 SQUARE YARD 8742 1$ 2.25 19,669.50 SQUARE YARD 8742 $ 1.75 $ 15,298,501 SQUARE YARD 8742 $ 2.25 $ 19,669.50 SUPERPAVE ASPHALTIC CONCRETE, 5 TRAFFIC C (SP-9.5) TON — 750 $ 110.00 $ 82,500.00 TON 750 $ 135.00 101,250.00 TON 750 $ 104.00 $ 78,000.00 TON 750 $ 112.65 $ 84,487.50 6 REMOVAL OF EXISTING SIDEWALK, CURB AND GUTTER LUMP SUM 1 $ 5,894.02 $ 5,894.02 LUMP SUM 1 $ 7,500.00 $ 7,500.00 LUMP SUM 1 $ 4,600.00 $ 4,600.00 LUMP SUM 1 $ 6,825.00 $ 6,825.00 SIDEWALK CURB AND RAMP, FDOT 7 INDEX 304, CR-F EACH 10 $ 1,514.24 $ 15,142.40 EACH 10 1,500.00 $ 15,000,00 EACH 10 1 $ 2,200.00 $ 22,000.00 EACH 10 $ 1,095.00 , $ 10,950.00 8 DETECTABLE WWARNING MAT- BRICK RED :1 SQUARE FOOT 200 $ 40.77 $ 8,154.00 SQUARE FOOT 200 $ 25.00 $ 5,000.00 SQUARE FOOT 200 $ 34.00 $ 6,800.00 SQUARE FOOT 200 L$46.00 $ 9,200.00 TOTAL BID AMOUNT $ 152,141.89 - .$ 168,919.50 1 1$ 139,848.50 , $ 153,322.00 Posted on October 22, 2020 at 4:UU P.M. To be removed on November 2, 2020 at 4:00 p.m. SECTION III PW 05-10-09-20 BID DOCUMENTATION City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 C. W. Roberts Contracting, Inc (BIDDER'S COMPANY NAME) I have received the documents titled OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS, Promect No. PW 05-10-09-20. 1 have also received addendum number I through 1 and have included these provisions in my Bid. I have examined both the Bid documents and the construction site and submit the following Bid in which I agree: To hold my Bid open until an agreement has been executed between the City of Okeechobee and accepted Bidder, or until ninety (90) days after Bids are opened, whichever is longer. 2. Regarding the Disposition of Bid Security: to accept the provisions of the Instructions to the Bidders. 3. To accomplish the work included in, and in accordance with the Contract Documents, if this Bid is accepted. 4. To start work within 30 calendar days from the Notice to Proceed and there after completing the work within 30 calendar days of commencement of work. 5. Regarding Compensation for the proposed work: if this Bid is accepted, I will construct this project on a unit price basis as reflected in the Bid Unit Price Schedule, Exhibit B of this agreement. Payment will be made upon invoice after completion of all work. NOTE: The City shall not be liable to pay interest on any unpaid balance. Vendor is solely responsible for all taxes, withholding, or social security obligations. 6. Regarding the Award of the Contract: if I am awarded a contract for this project, I understand that the award may be for 211 or any portion thereof, of the items listed under the Bid Unit Price Schedule. Bidder: C. W. Roberts Contracting, Inc, Date: October 22, 2020 City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 4 W. Rob s Con cting, Inc. By: Title: Vice President (Signature) W. Todd Castleberry Email: TCastleberry@cwrcontracting.com (Printed Name) Mailing Address: 806 NW 9th St. Okeechobee, Florida 34972 Office Number: 863-763-7373 Fax Number: 863-763-7379 City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 5 61MO-Welawy PW 05-10-09-20 MINIMUM QUALIFICATIONS FOR BIDDERS Minimum Qualifications: 1.0 Experience 1. 1 Bidder must have at least 3 years of experience in providing commercial asphalt roadway resurfacing services and concrete sidewalk improvements. 1.2 Bidder has successfully completed at least 12 asphalt resurfacing projects including at least three projects including concrete sidewalk improvements. 2.0 References 2.1 Bidder must provide at least 3 verifiable references of similar work as referenced in section 1.0 above. 2.2 For each reference, Bidder shall submit a completed Reference Form provided in Attachment H. provide the client name, client phone number, and client e- mail address. 2.3 Bidder shall provide a written description of the services performed in sufficient detail as they directly relate to the work of this Request for Bid. The description shall include the dates of the period that the Bidder provided the services as well as the contractual amount of the services provided. 2.4 The City, in its sole discretion, may reject any and all bids if the City is not able to verify the references provided. 3.0 Discriminatory Vendor List 3.1 In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 4.0 FDOT Certificate of Qualification 4.1 An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Florida Department of Transportation to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. 5.0 Bidder certifies that 5.1 Bidder meets the qualifications listed in Section IV, 1.0 above. 5.2 Bidder has never failed to complete work awarded under a contract due to circumstances that were under Bidder's control. City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 6 5.3 The Bidder has not been placed on the Discriminatory Vender List kept by the Florida Department of Management Services as listed in section 3.0 above. 5.4 The Bidder has not had its Florida Department of Transportation Certificate of Qualification suspended, revoked or denied as listed in section 4.0 above. Bidder: C. W. Roberts Contracting, Inc. (C�pMpany N By: �'A4 — (Signature) W. Todd Castleberry (Printed Name) Date: October 22, 2020 Title: Vice President Email: tcastleberry@cwrcontracting.com Mailing Address: 806 NW 9th St. Okeechobee, Florida 34972 Office Number: 863-763-7373 Fax Number: 863-763-7379 City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 7 C. W. Roberts Contracting, Inc. EXHIBIT B BID UNIT PRICE SCHEDULE PW 05-10-09-20 OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS UNIT ESTIMATED UNIT ITEM NO. DESCRIPTION MEASURE QUANTITY PRIC AMOUNT E 1 MOBILIZATION / DEMOBILIZATION LUMP sum 1 $8,500.00 $8,500.00 2 MAINTENANCE OF TRAFFIC LUMP sum 1 $2,300.00 $2,300.00 3 INLET PROTECTION SYSTEM EACH 10 $235.00 $2,350.00 MILL EXISTING ASPHALTIC SQUARE $1.75 4 PAVEMENT, YARD 8742 $15,298.50 1 "AVERAGE DEPTH SUPERPAVE ASPHALTIC 5 CONCRETE, TON 750 $104.00 $78,000.00 TRAFFIC C (SP-9.5) 6 REMOVAL OF EXISTING LUMP 1 $4,600.00 $4,600,00 SIDEWALK, CURB AND GUTTER sum 7 SIDEWALK CURB AND RAMP, EACH 10 $2,200.00 $22,000.00 FDOT INDEX 304, CR-F 8 DETECTABLE WWARNING MAT - SQUARE 200 $34M $6,800.00 BRICK RED FOOT TOTAL BID AMOUNT I $139,848.50 I (Based on Bid Unit Prices & Estimated Quantities) City of Okeechobee Public Works Department Project No. PW 05-10-09-20 42 C. W. Roberts Contracting, Inc. Bidders Company Name C. W. Roberts Contracting, Inc. NOTE: This Bid is on a unit price basis. The total estimated amount is for Bid comparison purposes only. The Contractor should field verify the actual site conditions prior to time of bidding and before submitting the Bid proposal. The Contractor should read the special conditions and the requirements for insurance before submitting a Bid proposal. The Contractor should verify the quantities to be included in the construction contract. The Contractor shall furnish the City of Okeechobee with a Payment and Performance Bond in 100 percent (100%) of the total estimated amount of the contract. The Payment and Performance Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The Contractor in his Bid shall include the cost of said bond. I have attached the required 5 percent (5%) Bid Security to this Bid. Bidder: C. W. Roberts Contracting, Inc. Date: October 22, 2020 ?Ompany Naffie) By: Title: Vice President ( - (Signaturcie") 4C W. Todd Castleberry Email: tcastleberry@cwrcontracting.com (Printed Name) Mailing Address: 806 NW 9th St. Okeechobee, Florida 34972 Office Number: 863-763-7373 City of Okeechobee Public Works Department Fax Number: 863-763-7379 Project No. PW 05-10-09-20 43 C. W. Roberts Contracting, Inc. SECTION VIII PW 05-10-09-20 MISCELLANEOUS A. No Lobbying: All respondents are hereby placed on notice that any communication, whether written or oral, with City of Okeechobee elected officials or any City staff or outside Individuals working with the City in respect to this request (with the exception of the General Services personnel designated to receive requests for interpretation or corrections or technical questions), is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for Bid, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. All respondents must submit the attached No Lobbying Affidavit with their submittal stating that they and their Subcontractor, sub - consultants and agents agree to abide by the no lobbying restrictions in order to be considered for this request. Any respondent that does not submit the required No Lobbying Affidavit will be automatically disqualified from further consideration. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment A B. Collusion, Gratuities and Kickbacks: It shall be unethical for any respondent to collude with any other respondent or offer, give or agree to give any City Council member, City employee or City representative (including selection committee members) a gift, gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of the procurement process. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment B C. Modifications: The City reserves the right to modify, alter or change the scope or other aspects of this solicitation. D. Level Playing Field. The contents of this solicitation are intended to provide a level playing field on which Firms or Individuals may base their responses. E. Public Entity Crime Affidavit., As required by Florida Statute 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a Bid on a contract with a Public Entity for the construction or repair of a public building or a public work, may not submit Bids on leases of real property to a Public Entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a contract with any Public Entity, and may not transact business with any Public Entity in excess of the threshold amount provided in F.S. 287.017 for ' Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Any person must notify the City within thirty (30) days after a conviction of a Public Entity crime applicable to that person or to an affiliate of that person. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment D City of Okeechobee Public Works Department Project No. PW 05-10-09-20 44 C. W. Roberts Contracting, Inc. F. Conflict of Interest: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their submission the name of any officer, director, employee or agent who is also a public officer, employee or an agent of the City of Okeechobee City Council, or any of its agencies. Furthermore, all respondents must disclose the name of any City officer, employee or agent who owns, directly or indirectly, an interest of five percent (5 %) or more in the Firm or any of its parent companies or subsidiaries. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Aftachment E G. Immigration Laws: Respondents must comply with all applicable immigration laws in their employment practices. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment F K Tie Bids: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors has a drug -free workplace program. City of Okeechobee Public Works Department Project No. PW 05-10-09-20 45 C. W. Roberts Contracting, Inc. ATTACHMENT A PW 05-10-09-20 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF Okeechobee This 22nd day of October 20 20 , W. Todd Castleberry - being first duly sworn, deposes and says that he/she is the authorized representative of C. W. Roberts Contracting, Inc. (Name of Contractor, Firm or Individual) respondent to the attached request for Bid, or qualifications and/or any other solicitation released by City of Okeechobee, and that the Bidder and any of its agents agrees to abide by the City of Okeechobee no lobbying restrictions in regard to this solicitation. "or Affiant The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 22nd day of October 20 20 , by W. Todd Castleberry , who is personally known to me or produced as identification. �Py p- Y Notary Public Stale of Florkia 41ap IN, Jacqueline J Palmer W MY Commission GG 256293 ' Expires 09111/2022 OF EE I City of Okeechobee Public Works Department (15 P4otariPublic Sign "te �-dommission No. Project No. PW 05-10-09-20 46 C. W. Roberts Contracting, Inc. ATTACHMENT B PW 05-10-09-20 ANTI -COLLUSION STATEMENT AND NO GIFTS STATEMENT Date: October 22, 2020 Anti -collusion statement: The below -signed Bidder has not divulged to, discussed, or compared his/her Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. No gifts statement: No premiums, rebates, gifts or gratuities are permitted with, prior to, or after submission of the Bid. Any such violation will result in rejection of the Bid and removal from the Bid list(s). Firm Name: By (printed/typed): By (signature): Title: Mailing Address: City, State, Zip: Telephone No.: City of Okeechobee Public Works Department -C. W. Roberts Contracting, Inc. Vice President 806 NW 9th St. Okeechobee, Florida 34972 863-763-7373 Project No. PW 05-10-09-20 47 C. W. Roberts Contracting, Inc. ATTACHMENT C PW 05-10-09-20 PROPOSER'S CERTIFICATION I have carefully examined this Request for Bid (BID)/Request for Proposals (RFP)/ Request for Qualifications (RFQ), which includes scope, requirements for submission, general information and the evaluation and award process. I acknowledge receipt of the following addenda. Addendum # I Date: 10/15/20 Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: I hereby propose to provide the services requested in the City's BID/RFP/RFQ and, if awarded, to enter into the attached draft contract. I agree that the terms and conditions of the City's BID/RFP/RFQ shall take precedence over any conflicting terms and conditions submitted with my proposal and agree to abide by all conditions of the BID/RFP/RFQ, unless a properly completed Exceptions to BID/RFP/RFQ form is submitted. I acknowledge that the City may not accept the proposal due to any exceptions. I certify that all information contained in my proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company as its agent and that the Company is ready, willing and able to perform if awarded a contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion or collusion with any other person, Company or Corporation submitting a proposal for the same product or service; no gratuities, gifts or kick -backs were offered or given by the Bidder or anyone on its behalf to gain favorable treatment concerning this procurement; no City Council member, employee or agent of City of Okeechobee or of any other Company is interested in said Bid; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. C. W. Roberts Contracting, Inc. Name of Business A76thorized Sig/nWture_ W. Todd Castleberry, Vice President Name & Title, Typed STATE OF FLORIDA COUNTY OF Okeechobee 806 NW 9th St Mailing Address Okeechobee, Florida 34972 City, State & Zip Code 863-763-7373 / 863-763-7379 Telephone Number/Fax Number tcastleberry@cwrcontracting.com Email Address The foregoing instrument was acknowledged before me by means of K physical presence or online notarization, this 22nd day of October 20 20 , by W. Todd Castleberry —, who is personally known to me or produced as identification. tWublic Signte 40Y Notary Public State of FkbxrWklaa C mmission No. Jacqueline J Palmer C My Commission GG 256293 of, Expires 09/1 V2022 City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 48 C. W. Roberts Contracting, Inc. ATTACHMENT D PW 05-10-09-20 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to CITY OF OKEECHOBEE, FLORIDA by: W. Todd Castleberry (print Individual's name and title) for: T W. Roberts Contracting, Inc. (print name of entity submitting sworn statement) whose business address is 806 NW 9th St. Okeechobee, Florida 34972 and (if applicable) its Federal Employer Identification Number (FEIN) is: 59-1683951 (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(l)(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 misrepresentations. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(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 a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contenclere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(l)(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 of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The 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 36 months shall be considered an affiliate. City of Okeechobee Public Works Department Project No. PW 05-10-09-20 M C. W. Roberts Contracting, Inc. 5. 1 understand that a "person" as defined in Paragraph 287.133(l)(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 a 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. 6. 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, 1989. 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, 1989. 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, 1989. 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 it was 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 IDENTIFIED IN PARAGRAPH I 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 'S�CTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF.� Y :E IN T ORMATION CO - NTAINED IN THIS FORM. Signature-,�, 2":t� STATE OF FLORIDA COUNTY OF Okeechobee The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 22nd day of October 20 20 , by W. Todd Castleberry —, who is personally known to me or produced as ippntification. (j, d I'll-4- iA-L- a 'L ry F qblic Signatu 000, Notary Public State of Florkia 49 Jacqueline J Palmer 6/9 i,�: My Commission GG 256293 Commission No. OF Expires 09/11/2022 YEE] City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 50 C. W. Roberts Contracting, Inc. ATTACHMENT E PW 05-10-09-20 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Bidders must disclose if any City of Okeechobee employee(s), elected official(s), or any of its agents is also an owner, corporate officer, director, agent, employee, etc., of their business. Indicate either "yes" (a City employee, elected official or agent is associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO X Name(s) Position(s) Firm Name: C. W. Roberts Contractinq, Inc. By (Printed): W. Todd Castleberry By (Signature): Title: Vice President Address: 806 NW 9th St. Okeechobee, Florida 34972 Phone Number: 863-763-7373 City of Okeechobee Public Works Department Project No. PW 05-10-09-20 51 C. W. Roberts Contracting, Inc. ATTACHMENT F PW 05-10-09-20 IMMIGRATION LAW CERTIFICATION City of Okeechobee will not intentionally award City contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324 a(e) (Section 274a(e) of the immigration and nationality act (" I NA")). City of Okeechobee may consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the contract by City of Okeechobee. Respondent attests that it is fully compliant with all applicable immigration laws, specifically relating to the 1986 immigration act and subsequent amendments. C. W. Roberts Contracting, Inc ."C (ym p 14112V - SignatuP6 Vice President Title October 22, 2020 Date STATE OF FLORIDA COUNTY OF Okeechobee The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 22nd day of October 20 20 , by W. Todd Castleberry —, who is personally known to me or produced as ioi�ntification. A tatryu lic Signatur oV 0'&* Notary Public State of Florkia <b Jacqueline J Palmer m m iSSior my commission GG 256293 mmission N o. *®r W'; Expires 09111/2022 City of Okeechobee Public Works Department Project No. PW 05-10-09-20 52 C. W. Roberts Contracting, Inc. ATTACHMENT G PW 05-10-09-20 DRUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 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 violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this Firm complies fully with the above requirements ate: October 22, 2020 Signature:,.",,/&., Company: C. W. Roberts Contracting, Inc. Address: 806 NW 9th St. Okeechobee, Florida 34972 City of Okeechobee Public Works Department Name: W. Todd Castleberry Title: Vice President Phone Number: 863-763-7373 Project No. PW 05-10-09-20 53 C. W. Roberts Contracting, Inc. ATTACHMENT H CITY OF OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS PW 05-10-09-20 REFERENCE Client Name: City of Fort Pierce Client Phone Number: 772-467-3000 Client E-mail: Tracy Telle TTelle@City-FtPierce.Com Service Dates: Beginning 09/2019 Estimated Annual Contract Amount: $351,634.96 End 12/2019 Description of the services performed as they directly relate to the work of this Request for Bid: Furnish and Install Asphalt, replace sidewalks, driveways, curb and gutter City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 54 C. W, Roberts Contracting, Inc. ATTACHMENT H CITY OF OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS PW 05-10-09-20 Client Name: City of Port St. Lucie Client Phone Number: 772-871-5157 Client E-mail: Gary Jones gjones@gocaptec.com Service Dates: Beginning 6/2019 End 10/2019 Estimated Annual Contract Amount: $473,821.56 Description of the services performed as they directly relate to the work of this Request for Bid: Sidewalk Construction City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 54 C. W. Roberts Contracting, Inc. ATTACHMENT H CITY OF OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS PW 05-10-09-20 REFERENCE Client Name: Okeechobee Coun Client Phone Number: 863-763-6441 Client E-mail: rchartier@co.okeechobee.fl.us Service Dates: Beginning 03/2020 End 9/2020 Estimated Annual Contract Amount: $2,204,836.10 Description of the services performed as they directly relate to the work of this Request for Bid: Milling and Resurfacing CR68 City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 54 F--1Fv1F--T9- Mki KNOW ALL MEN BY THESE PRESENTS, that we, C.W. Roberts Contracting, Inc. as Principal and Western Surety Company -, as Surety, are held and firmly bound unto the City of Okeechobee (the "City"), in the penal SUM Of $ 5% of amount bid lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated October 22 2010_, for the Contract Documents: Contract Title: OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS Contract Number: PW 05-10-09-20 NOW, THEREFORE, 1. If the Principal, a. Within seven (7) business days after the date of the Notice of Apparent Low Bidder, provides a Statutory Payment Bond and a Common Law Performance Bond as specified in the General Terms & Conditions or, in lieu of the Statutory Payment Bond or Common Law Performance Bond, provides an alternate form of security as specified in the Contract Documents; and provides the insurance certificate required under the Contract Documents, completed by a lawfully authorized insurance agent; and b. Within seven (7) business days of receipt of the Contract Documents, enters into a written contract with the City, in accordance with the Bid, as accepted, then the above obligations of the Principal and Surety shall be null and void. 2. However, should the Principal fail to fully comply with the conditions of paragraph 1 above, then the Principal and Surety, jointly and severally, shall be liable to the City for the full penal sum of this Bond which shall be forfeited to the City as liquidated damage, but not a penalty, as a result of the Principal's failure to comply with the bid instructions and conditions, regardless of whether the City ultimately decides to change the project requirements or resolicit bids. 3. The remedies provided herein are not to be construed as the City's exclusive remedies for the Principal's failure to enter into a contract with the City but shall be deemed supplemental to all remedies available to the City at law or otherwise. City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 16 DATED ON October 22 12020 FOR NON -CORPORATE BIDDERS: (Witness) (Print Name) (Witness) (Print Name) FOR CORPORATE BIDDERS: ATTEST: '-1 114 11 #1/,," co �sebretary 0' C' P4 Z 0 SURETY: '1"1976 ATTEST: ill,,, lilw\\\ (Corporate Seal) CM94 Secretary Bv: (Signature of Principal) (Print Name and Title) Business Address C.W. Roberts C t t' rZacli nc. (Signature dfborpo4tie Principal) 'bil (N. IA�t (Print Name and Title) 3372 Capital Circle NE, Tallahassee. FL 32308 Business Address Western Surety Company (Corporate Surety) Renee Ellis, Attorney in Fact (Print Name and Title) 2601 Bell Road, Montgomery, AL 36117 Business Address 1701 West Garden Street, Pensacola, FL 32501 Florida Address for Service of Process 850-470-2675 Telephone Number (Surety shall provide evidence of signature authority such as a certified copy of Power of Attorney. City of Okeechobee Project No. PW 05-10-09-20 Public Works Department 17 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr, David J Durden, Milton A Kopf 111, Individually of Montgomery, AL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts ofsaid Attorney, pursuant to the authority. hereby given, are hereby ratified and confin-ned. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 19th day of June, 2015. "p WESTERN SURETY COMPANY 0 "s AfPaul T. Bruflat, Vice President State of South Dakota County of Minnehaha I ss On this 19th day of June, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My commission expires S. EICH February 12, 2021 NGFrARY PUWX SOUT14 DAKOUR91. S. Eich, Notary Public CERTIFICATE 1, L, Nelson, Assistant Secretary ofWESTERN SURETY COMPANY do hereby certify that the Power ofAttorney hereinabove set forth is still in force, and further certify that the By -Law ofthe corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 22nd day of October, 2020. WESTERN SURETY COMPANY z L At L. Nelson, Assistant Secretary Fonn F4280-7-2012 AC40REP 11`.� CERTIFICATE OF LIABILITY INSURANCE F o-TE (MM/DDNYYY) 1 10/22/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS, INC. P.O. Box 10265 CONTACT Martha Lee Hawkins NAME: FAX (PAI . Ext): 800-476-2211 (A/C, No): Birmingham, AL 35202 E-MAIL ADDRESS: mhawkins@mcgriff.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Arch insurance Company 11150 INSURED C.W. Roberts Contracting, Inc. INSURER B: INSURER C: Post Office Box 1994 806 NW 9th Street (zip 34972) Okeechobee, FL 34973-1994 INSURER D: INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER:HTKFLM3Q REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DDfYYYY) POLICY EXP (MM/DDNYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 31PKG8930305 10/01/2020 10/01/2021 EACH OCCURRENCE $ 2,000,000 F_71 CLAIMS -MADE OCCUR DAMAGE TO RENTEI1__ PREMISES (E. or currence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICYFX PRO - ] JECT F_� LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY 31 PKG8930305 10/01/2020 10/01/2021 COMBINEDSINGLE LIMIT (Ea acciden $ 2,000,000 BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS n BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PRO DAMAGE $ $ UMBRELLA LIAB " OCCUR EACH OCCURRENCE $ EICLAIMS-MADE AGGREGATE $ EXCESS LIAB DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/ 31WC18930205 10/01/2020 10/01/2027 IOTH- X I ST6AT RUTE I ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDE;?'- (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: ITB No. PW 05-10-09-20, FDOT FPN 440372-1, Southeast 3rd Avenue Pavement Improvements CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Okeechobee AUTHORIZED REPRESENTATIVE 55 SE 3rd Avenue Okeechobee, FL 34974 Page 1 of 1 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ATTACHMENTI CITY OF OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENTIMPROVEMENTS lXMIMID111401ye February 7, 2018 David Allen Public Works Director City of Okeechobee 55 Southeast 31d Avenue Okeechobee, FL 34974 RE: NOTICE TO PROCEED — DESIGN SERVICES FM #: 440372-1-54-01 Agency: City of Okeechobee Contract #: GOT44 Description: S E 31d Avenue from SR 70 to SE 4th Street 70 �-,, �--- I In accordance with the State Funded Grant Agreement, executed on January 10, 2018 between the Florida Department of Transportation and City of Okeechobee for resurfacing of SE 3fd Avenue from SR 70 to SE 4 1h Street. You are hereby authoilzed to proceed with the design phase of this project. Once the Department has reviewed and approved the Final Design Plans, a separate Notice to Proceed will be issued for the bidding phase of the project. If I can be of further assistance, please contact me at (863) 519-2324 or Rick Arico at (239) 225- 1973. Sincerely, 44em';0 JobinAbraham Local Program Coordinator Cc: File Lisa R. Brinson, Local Program Administrator Rick Arico, Senior Roadway Engineer Charles R. Reed 11, LAP Construction PM www.fclot.gov 55 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE~FUNDEDGRANT AGREEMENT FPN: Fund: SCRC FLAIR Category: Fund:___ OrgCode: Fund:Org Code: ___ FLAIR Category: FLAIR Category: 525-010-60 PROGRAM MANAGEMENT County No:91 Contract No: GOT44 Vendor No: F596000393001 THIS GRANT AGREEMENT ("Agreement") is entered into on JAN&Ady /Q� lo/l (This date to be entered by DOT only) by and between the State of Florida Department of Transportation, ("Department"), and the City of Okeechobee, ("Recipient"). The Department and the Recipient are sometimes referred tointhis Agreement aso^Party"and collectively as the "Parties" NOW, THEREFORE, inconsideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1'Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044334l44(7). and (select the applicable statutory authority for the below): [] Section 33A.28i7Florida Statutes, County Incentive Grant Program (C|<3P). (CSFA55.O08) * Section 33S.2818Florida Statutes, Small County Outreach Program (9CC)P). (CSFA55.00Q) [] Section 330.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA55.O16) [] Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026) 0 Insert Legal Authority, Insert Funding Program Name, Insert CSFA Number The Recipient by Resolution or other form of official authorization, acopy of which is attached as Exhibit"E". Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in construction for the resurfacim of SE 3rdAvenue from asfurther described in Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement ("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds will be provided; and hoset forth the manner in which the Project will be undertaken and completed. 3.Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before May 1", 2021.Ifthe Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless on extension of the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will beconsidered termination ufthe Project. The Recipient acknowledges that nofunding for the Project will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced in accordance with the terms of this Agreement. The cost ofany work performed prior to full execution of the Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement, Page I of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010- STATE'FQ00EDGRANT AGREE&8�� nm�mm�^��09/17 the Recipient shall remain obligated 1ucomplete all aspects oythe Project identified bnExhibit "A"inaccordance with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design phase orother phases cfthe Project. If the Project involves aconstruction phase, the Recipient shall not begin the construction phase ofthe Project until the Department issues awritten Notice toProceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall request aNotice toProceed from the Department. 4. Amendments, Extensions and Assignment: Agreement beamended orextended upon mutual written agreement ofthe Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by the Recipient under any circumstances without the prior written consent of the Department. 5. Termination m'Suspension mfProject: The Department may, bywritten notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the toona of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. The Department may also terminate this Agreement in whole or in part atany time the interest of the Department requires such termination. a. If the Department terminates the Agreement, the Department shall notify the Recipient ofsuch termination in writing within thirty the Department's determination to terminate the AUmemmn, with instructions as to the effective date of termination or to specify the stage of workatwhich the Agreement iu {ubeterminated. b. The Parties hothis Agreement may also terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions through mutual written agreement. c. If the Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such poyment, however` may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is o percentage ofthe total work no||sd for by this Agreement. All work in pmynaom on the Department right-of-way will become the property of the Department and will be turned over promptly by the Recipient. d. Upon termination of this Agreement, the Recipient ohaU, within thirty (30) daya, refund to the Department any funds determined by the Department to have been expended in violation of this Agreement. 6. Project Cost: m. The estimated cost of the of Financial Assistance in Exh;bit'B^` attached and incorporated inthis Agreement. The Schedule cf Financial Assistance may be modified by execution of an amendment of the Agreement by the Parties. b. The Department agrees to participate in the Project cost up to the maximum amount of $123,531 .DUand` additionally the Department's participation in the Project mheU not exceed l0)% ofthe total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. c. The Department's participation in eligible Project costs is subject to, but not limited to: i Legislative approval of the Department's appropriation request in the work program year that the Project ioscheduled hobecommitted; Page 2of14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE'FUNBEDCSRANT AGREE8O��T p�o�mw��cMew,09/17 ii Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and iii. Department approval of the Project scope and budget at the time appropriation authority becomes 7. Compensation and Payment: a-TheDepartmentuhal|reimburse the Recipient for costs incurred to perform services described in the Project Description and Responsibilities in Exhibit "A^, and as set forth in the Schedule ofFinancial Assistance inExhibit "B" b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall require anamendment executed byboth parties. c. Invoices shall be submitted no more often than monthly and no less than quarterly bythe Recipient in detail sufficient for properpna'audU and post-audh, based on the quantifiable, measurable and verifiable deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved bythe Department prior toreimbursements. Requests for reimbursement bythe Recipient shall include on invoice, progress report and supporting documentation for the period of services being billed that are acceptable to the Department. The Recipient shall use the format for the invoice and progress report that ioapproved bythe Department. d. Supporting documentation must establish that the deliverables were received and accepted in writing by the Recipient and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F — Contract Payment Requirements. e. Travel expenses are not omnpensableunder this Agreement. t Payment shall bemade only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or the Department's Comptroller under Section 334.044(29), Florida Statutes. El If this box is selected, advance is authorized for this Agreement and Exhibit "G". Alternative Advance Payment Financial Provisions is attached and incorporated into this If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Recipient will address all issues of contract non'perhonnanne, unacceptable performance, failure homeet the minimum performance leva|s, deliverable defcienuies, or contract non-compliance, If the corrective action plan is unacceptable to the Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. Recipients receiving financial assistance from the Department should beaware ofthe following time Page 3 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525*10-60 8TATE'FUy�[yE[}C�RAyJTABF�EE08ENT p�s�mu�^�� payment (voucher) tothe Department of Financial Services. The 2Udays are measured from the latter of the date the invoice is received or the deliverables and costs incurred are received, inspected, and approved. Ifepayment isnot available within 40days, useparate interest penalty aharate ooestablished pursuant to Section 55.03(l), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will result in adelay inthe payment. The invoice payment requirements donot start until properly completed invoice iaprovided tothe Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining timely payment(o)from ostate agency. The Vendor Ombudsman may becontacted at(85O)413-551G. 0. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and neunvda shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project nenondo, together with supporting documents and recondo, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary bythe Department for aproper audit nfcosts. h' Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. L If, after Project completion, any dakn is made by the Department resulting from an audit mrfor work or services performed pursuant tnthis Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment ofthe amount innot made within 6Odays to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. j' The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion ofthe Project. Invoices submitted after the 12O'doytime period may not bepaid. k. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation bythe Legislature. |fthe Department's financial assistance for this Project iainmultiple fiscal yeors, o notice of availability uffunds from the Department's project manager must be nsow\ved prior to costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Recipient, in writing, when funds are available. i In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions ofSection 339.135(6)(a). Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money,incur any liability, or enter into any contract which, byits terms, involves the expenditure ofmoney inexcess of the amounts budgeted eaavailable for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may bepaid onsuch contract. The Department shall require astatement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained ahoU prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department Page 4o[14 STATE OF FLORIDA DEPARTMENT mTRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEN8E�T �o�^w�^��09/17 which are for an amount in excess of $25,00snd which have a term for operiod of more than 1 year." m' Any Project funds made available by the Department pursuant to this Agreement which are determined by the Deportment to have been expended by the Recipient in violation of this Agreement or any other applicable law orregulation, shall be promptly refunded in full to the Department. Acceptance by the Department ofany documentation or certifications, mandatory or otherwise pennittod, that the Recipient files shall not constitute a waiver of the Department's rights as the funding agency to verify all information a(alater date byaudit orinvestigation. n.|ndetermining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior tothe execution ofthis Agreement, costs incurred prior boissuance ofoNotice hoProceed, costs incurred after the expiration ofthe Agreement, costs which are not provided for inthe latest approved Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement and final invoice time |inem, and costs attributable to goods or services received under a contract orother arrangements which have not been approved inwriting bythe Department. 8. General Requirements: The Recipient shall complete the Project with all practical dispatch inasound, economical, and efficient mannar, and in accordance with the provisions in this Agreement and all applicable laws. a' The Recipient must obtain written approval from the Department prior to performing itself (through the efforts of its own employees) any aspect of the Project that will be funded under this Agreement. El If this box is checked, then the Agency is permitted to utilize its own forces and the following provision with any phase of the Project utilizing no own nonceo, the Agency will only be reimbursed for direct costs (this excludes general ovmrhead). b. The Recipient shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bkjn for construction of the Project, including ifnohght-uf-vmay in required. c.The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. ±The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or additional work on the Project under this Agreement without the prior written approval of the claim or request for additional work by Department. 9. Contracts ofthe Recipient a The Department has the right boreview and approve any and all third party contracts with respect to the Project disbursement of Department funds under this Agreement, including consultant or construction contracts or amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval, the Department may deny payment to the Recipient. The Department may review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor. b. bisunderstood and agreed by the parties hereto that participation by the Department inaproject that involves the purchase of commodities or contractual services or the purchasing of capital equipment or the equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 Florida Stetuiea, is contingent on the Recipient complying in full with the provisions of Cheptor287.057 Florida Statutes The Recipient shall certify buthe Department that the purchase of Page 5of14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREE80E�T '�s�mm�^��09/17 commodities mcontractual services has been accomplished in compliance with Chapter 287O57 Florida Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Connado, purchase uudary, task ovdem, construction change ordem, orany other agreement that would result in exceeding the current budget contained in Exhibit "B^. or that are not consistent with the Project description and scope of ye�ueo contained in Exhibit"A^ must be approved by the Department prior to Recipient execution. Failure to obtain such approval, and subsequent execution nfanamendment tothe Agreement ifrequired, shall ba sufficient cause for nonpayment bythe Department. o. Participation bythe Department in a project that involves a consultantfor engineering, or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287,055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. If the Project isprocured pursuant toChapter 255for construction services and etUhe1imeofthe competitive solicitation for the Project 5Opercent ovmore of the cost of the Project iatoLepaid from funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes. 10. Design and Construction Standards and Required Approvals: |nthe event the Project includes construction the following provisions are incorporated into this Agreement: a. The Recipient isresponsible for obtaining all permits necessary for the Project. b. In the event the Project involves construction on the Department's hght-od-woy, the Recipient shall provide the Department with written notification cfeither its intent to: I. Award the construction of the Project tooDepartment prequalified contractor which is the lowest and best bidder in accordance with applicable state and federal statutes, ruk»o, and regulations. The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said Project within the time frame set forth in this Agreement. The Recipient's use of this option is subject hmapproval bythe Department. o. The Recipient shall hire oqualified contractor using the Recipient's normal bid procedures to perform the construction work for the Project. For projects that are not located on the Department's right-of-way, the Recipient is not required to hire acontractor pnaque|ified by the Department unless the Department notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the Department. d. The Recipient is responsible for provision of Construction Engineering Inspection (CB) services. The Department reserves the right to require the Recipient to hire a Department pre -qualified consultant firm that includes one individual that has completed the Advanced Maintenance of Traffic Level Training. Administration of the CB staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall have the right to approve the CB firm. The Department shall have the right, but not the ob|igshinn, to perform independent assurance testing during the course nf construction of the Project. Subject 10the approval of the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either hiring n Department pvoqua|ifkad consultant firm or utilizing Recipient staff that meet the requirements of this paragraph, or combination thereof. e.The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves the right to require the Recipient tohire oDepartment pre -qualified consultant for the design phase of the Project using the Recipient's normal procurement procedures to perform the design services for the Project. All design work nnthe Project shall beperformed inaccordance with the requirements ofall applicable laws and governmental rules and regulations and federal and state accepted design standards for the type of Page 0oy14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED ��T��K0Ey�T �um�uw�^mmsw` C)09117 construction contemplated by the Pnojen, ino}uding, as opphoobk*, but not limited to, the applicable provisions of the Manual of Uniform Traffic Control Devices (K8UTCD) and the AASHTO Policy on Geometric Design ofStreets and Highways. All design work for any portion (f the Project hobelocated on Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit "IF", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement Joportion ofthe Project will belocated nnFDOT'oright ofway. L The Recipient shall adhere to the Department Conflict of Interest Procedure (FDOT Topic No. 375-030- 006) or Conflict of Interest Procedure for State Funded Grant Programs (FDDTTopic No. 75O-OUU-00%). g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the Department's Construction Project Manager prior to commencing construction of the Project. The Department will specify the number of copies required and the required format. h. The Recipient ohoU require the Recipient's contractor to post u payment and performance bond in accordance with applicable law. i. The Recipient shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that it will meet all applicable Recipient and Department standards. j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Comp|ionce, signed and sealed by a Professional Eng|naer, the form of which is attached hereto and incorporated herein eoExhibit °C"'Engineers Certification mf Completion. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with anexplanation that justifies the reason toaccept each deviation. h. The Recipient shall provide the Department with as -built plans of any portions of the Project funded through the Agreement prior tofinal inspection. 11' Maintenance Obligations: In the event the Project includes construction then the following provisions are incorporated into this Agreement: o. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any hnpmvmmerd on Department hght-of-way.the Recipient MahaU Is maintain the improvements located on the Department right-of-way made for their useful life. Kthe Recipient is required to maintain Project improvements located on the Departmentright-of-way beyond final acceptance, then Recipient shaU, prior to any disbursement of the State funding provided under this Agveemerd, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement. 12.State Single Audit: The administration of resources awarded through the Department tothe Recipient bythis Agreement may besubject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Recipient shall comply with all audit and audit reporting requirements as specified below. o.|naddition to reviews ofaudits conducted in accordance with Section 215.97.Florida Statutes, monitoring procedures to monitor the Recipient's use of state financial assistance may include but not be limited toon- Page 7of14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE'FUN�D��T�G��K8��T p�omuu�^�vw` �]09/17 site visits by Department staff and/or other procedures including, reviewing any required performance and financial naporto, following up, ensuring oonenhva mohnn, and issuing management decisions on weaknesses found through audits when those findings pertain bostate financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Recipient further agrees tocomply and cooperate with any inapechonm, naviews, inveatigahnno, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General. b. The Recipient, anonstate entity as defined bySection 215.97(2)(n).Florida Statutes, asarecipient of state financial assistance awarded by the Department through this Agreement is subject to the following In the event the Recipient meets the audit threshold requirements established by Section215,97` Florida Statutes, theRecipientmu*thaveaSbateaingi nojific audit conductedfo h fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (|nma| governmental entities) or 10.650 (nonprofit and for -profit orQanizotiuna). Rules of the Auditor General. Exhibit "D" to this Agreement indicates state financial assistance awarded through the Department bythis Agreement needed by the Recipient to further comply with the requirements of Section 215.97. Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Recipient shall consider all sources of state financial auoistmnma, including state financial assistance received from the Department bythis Agreement, other state agencies and other nonstoheentities. State financial assistance does not include Federal direct or pass -through owedo and resources received by nonutateentity for Federal program matching requirements. ii. Inconnection with the audit requirements, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of financial reporting package nmdefined bySection 216.S7(2)(a).Florida Statutes, and Chapters 10.55O(local governmental entities) or 10.650 (nonprofit and for -profit organizahonn). Rules of the Auditor General. iii. In the event the Recipient does not meet the audit threshold requirements established by Section 215.97, Florida Gbauhaa. the Recipient is exempt for such fiscal year from the state single audit requirements of Section 215.97. Florida Statutes. However, the Recipient must provide a single audit exemption statement to the Department at FOOTS|ng|aAudd@dcd.stote.O.ua no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient does not meet the audit threshold requirements established by Section 315,07, Florida 8tatutem, in afiuco| year and elects to have an audit conducted in accordance with the provisions of Section 215.97. Florida Sbtuheu, the coat of the audit must be paid from the Recipient's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State enU{ieo). iv. |naccordance with Chapters 1O.S50(local governmental entities) or1O.G6O(nonpmfitand for -profit organizations), Rules of the Auditor General, copies of financial reporting pookugoo required by this Agreement shall besubmitted to: Page 8u[14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 09/17 Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: FDOTSingleAudit(a),dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(o),aud.state.fl.us v. Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Recipient, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Recipient's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or its designee, DFS or the Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 13. Restrictions, Prohibitions, Controls and Labor Provisions: a. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public Page 9 of 14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 PROGRAM MANAGEMENT STATE -FUNDED GRANT AGREEMENT 09117 entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. The Recipient shall: L Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Recipient during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 14. Indemnification and Insurance: It is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Recipient agrees to indemnify and hold harmless the Department, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Recipient and persons employed or utilized by the Recipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify and hold harmless the Recipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons employed or utilized by the contractor or consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida or the Recipient's sovereign immunity." Page 10 of 14 STATE OF FLORIDA DEPARTMENT mTRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEK8��T '�»�uw�^��09117 b. The Recipient shall provide Workers' Compensation insurance in accordance with Florida's Workers' Compensation law for all employees. /f subletting any of the wmrk, ensure that the subcontractor(s) and subunnauKonta have VVodmm' Compensation Insurance for their employees in aoonrdenoo with Florida's VVonham' Compensation law. If using "leased employees" oremployees obtained through professional employer organizations (^PEO'n"), ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. Ifthe Recipient elects toself-perform the Project, and is approved by the Department knaccordance with the terms ofthis Agreement, the Recipient may self -insure and proof ofself-insurance shall beprovided tnthe Department. |fthe Recipient elects tuhire acontractor orconsultant hoperform the Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more nanthu(ive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded bothe Department aoanAdditional Insured ehe|| be primary aohu any other available insurance and nheU not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agneamant, and may not be shared with or diminished by claims unrelated to the Agreement. The po|kzy8em and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No po|icy/ieo or coverage described herein may contain or be subject to a Retention or a Self -insured Retention unless the Recipient is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department ehoU be notified in writing within ten days ofany cancellation, notice of cancellation, lapae, renewal, or proposed change to any policy or coverage described herein. The Department's approval orfailure to disapprove any po|iuy/iea, coverage. orACORO Cadifioabaa shall not relieve or excuse any ub|iQsd|on to procure and maintain the insurance required herein, nor serve as awmiwar of any rights or defenses the Department may have. When the Agreement includes the construction ofarailroad grade crossing, railroad overpass munderpass structure, or any other work or operations within the limits of the railroad hght-of-wey, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the poUoy/ieo procured pursuant tothe paragraph above. Prior tothe execution cf the Agreement, and atall renewal periods which occur prior hu final acceptance of the wmrk, both the Deportment and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad uheU be notified in writing within ten days of any cancellation, notice of cancellation, renewal, urproposed change to any policy orcoverage described herein. The Department's approval or failure to disapprove any poUcy/iem' coverage, orACORD Certificates oheU not va|imva or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. a When the Agreement involves work on or in the vicinity of utility -owned property mfacilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 15. Miscellaneous: Page 11cf14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE-FUNDEDGRANT p�o�ww�^��09117 o.Innoevent shall any payment tothe Recipient constitute or be construed asawaiver by the Department of any breach of covenant or any default which may then exist on the part of the Recipientand the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. h. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an inmtance, the remainder would then continue to conform to the terms and requirements of applicable law. c The Recipient and the Department agree that the Recipient, its emp|oyoeu, oontnodom, auboonhanhos, consultants, and subconsultants are not agents of the Department as a result of this Agreement. d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to the end that the Recipient may proceed aosoon aupossible with the Project. f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. g. The Deportment veoen/eo the right to unilaterally terminate this Agreement for failure by the Recipient to comply with the provisions of Chaptar11Q. Florida Statutes. h. The Recipient agrees to comply with Section 20.055(5). Florida 8totuhea, and in incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes I. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Recipient agrees to waive forum and venue and that the Department shall determine the forum and venue inwhich any dispute under this Agreement iudecided. j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. 16' Exhibits. o. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement. b. M The Project will involve construction, therefore, Exhibit "C". Engineer's Certification of Compliance is attached and incorporated into this Agreement. n. [lAportionoreUofthePnojmctxviUutUizetheDepadment'aright-of-wayand.thorpfore.Enhib|tF.Tannm and Conditions of Construction in Department Right'of-Wmy, is attached and incorporated into this Agreement. d. n The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into this Agreement: e. Exhibit and Attachment List Page 12u/14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60 STATE -FUNDED GRANT AGREEKO��T �»�^m�^��09/17 Exhibit A: Project Description and Responsibilities Exhibit B:Schedule ofFinancial Assistance *Exhibit C:Engineer's Certification ofCompliance Exhibit D: State Financial Assistance (Florida Single Audit Act) Exhibit E: Recipient Resolution *Exhibit F:Terms and Conditions ofConstruction inDepartment Right-of4Noy *Exhibit G:Alternative Pay Method Attachment F—Conhoc Payment Requirements *Additional Exhibit(s): *Indicates isonly attached and incorporated ifapplicable box iaselected. The remainder ofthis page intentionally Aeftblank. Page 13/f14 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. RECIPIENT CITY OF OKEECHOBEE By: Nad wring R. �Watford, Tide: Mayor 525-010-60 PROGRAM MANAGEMENT 09/17 STATE OF FLORIDA, DEPARTMENT OF PZANSPO ATION 7 By: Tifle�_�'Ie�tor of Transportation A7� Legal Review. By: /7 Lane Garniotea, CM City Clerk Name: De7 /Vr e REVIE �1��,D FUR LE�C�LSUFFIQJENC John R. Cook, City Attorney Page 14 of 14