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Bid PW 02-00-12-20 ContractCITY OF OKEECHOBEE INVITATION TO BID CITY OF OKEECHOBEE TAYLOR CREEK SE 8t" AVENUE STORMWATER CONVEYANCE No. PW 02-00-12-20 FDEP AGREEMENT No. LP47020 OPENING DATE AND TIME: JANUARY 14, 2021 at 3:00 P.M. �`��.0►'' �KE ti � � � . t � - � ��S. _ � . _' ���""��� Prepared by: David Allen, Public Works Director Dated: December 9, 2020 City of Okeechobee Project No. PW 02-00-12-20 Public Works Department CITY OF OKEECHOBEE CITY COUNCIL Bid No. PW 02-00-12-20 FDEP AGREEMENT No. LP47020 CITY OF OKEECHOBEE TAYLOR CREEK SE 8t" AVENUE STORMWATER CONVEYANCE DOWLING R. WATFORD, JR., MAYOR WES ABNEY MONICA CLARK BOB JARRIEL BOBBY KEEFE City of Okeechobee Project No. PW 02-00-12-20 Public Works Department MARCOS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 02-00-12-20 Invitation to Bid Advertisement Form Section I General Information Section II Submission Requirements Section III Bid Documentation Section IV Minimum Qualifications for Bidders Section V Bonding and Insurance Requirements Section VI Rejection of Bid Section VII Agreement for Services Section VIII Miscellaneous Attachments: A No Lobbying Affidavit B Anti-Collusion Statement and No Gift Statement C Proposer's Certification D Sworn Statement Pursuant to Section 287.133(3)(a), FL § on Public Entity Crimes E Conflict of Interest Disclosure Form F Immigration Law Certification G Drug-Free Workplace Certification H Reference Form I Florida Department of Environmental Protection, City of Okeechobee Taylor Creek SE 8t'' Stormwater Conveyance Agreement 1 2 3 4-5 6-7 8-24 25 26 - 44 45 - 46 47 48 49 50-51 52 53 54 55 56-89 City of Okeechobee Project No. PW 02-00-12-20 Public Works Department INVITATION TO BID N0. PW 02-00-12-20 CITY OF OKEECHOBEE TAYLOR CREEK SE 8t" AVENUE STORMWATER CONVEYANCE Mandatory Pre-Bid: January 7, 2021, 3:00 PM Opening Date and Time: January 14, 2021, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to construct water quality and baffle box drainage improvements and perform roadway restoration on SE 8T" Avenue, Okeechobee, Florida 34974. Sealed bids must be received within the General Services Department at City Hall, 55 SE 3�d Avenue, Rm 101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Thursdav, January 14, 2021. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. A MANDATORY Pre-Bid Meetinq will be held on Thursdav, January 7, 2021 3:00 P.M. in the Council Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for this bid. Product specifications are available in the Bid Packets that may be obtained on the City's website: www.citvofokeechobee.com/contractinq-opportunities.html, or from the General Services Department at City Hall during normal office hours, Mon-Fri, 8 AM-4:30 PM, except holidays, or by contacting Patty Burnette, 863- 763-3372 x 9820, or via email at pburnette a(�.citvofokeechobee.com. Questions concerning the scope of work are to be directed to Public Works Director David Allen, dallenna.citvofokeechobee.com. NOTE: Bonding Requirements Apply to this Bid Opportunity. Bid submittals must be within a sealed envelope and contain iwo (2) clearlv identified oriqinals and one (1) copv of the bid, with the outside of the envelope clearly labeled "BID N0. PW 02-00-12-20 CITY OF OKEECHOBEE TAYLOR CREEK SE 8t" AVENUE STORMWATER CONVEYANCE, 01-14-21, 3:00 PM" with the submitting Company Name, and Return Address. Bids may be mailed, hand delivered and/or express mailed to the address listed above. Firms properly registered in the State of Florida are encouraged to submit their bid for consideration. It is the sole responsibility of the Bidder to deliver personally or by mail, their bid to the General Services Department on or before the closing hour and date for the receipt of bids as noted above. This solicitation does not commit the City of Okeechobee to award any contracts, to pay any costs incurred in the preparation of a response to this bid, or to contract for any seroices. The City Council reserves the right to reject any or all bids, to waive informalities and to accept or reject all or part of any bid, as they may deem to be in the best interests of the City of Okeechobee. Responses to this bid, upon receipt by the General Services Department, will become public records subject to provisions of Florida Statute Chapter 119 Florida Public Records Law. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 1 SECTION I PW 02-00-12-20 GENERAL INFORMATION All responses which comply with the requirements of this Bid will be considered. Submittals must be made in the official name of the Firm or Individual under which business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the person, Partnership, Company, or Corporation submitting the response to this Bid. Two clearlv identified oriqinals and one copy of your bid submittal are required. Bid submittals will be received by the General Services Department until 3:00 p.m. on January 14, 2021. Bid submittals are to be mailed, hand-delivered, and/or Express Mail to: City of Okeechobee General Services Department 55 S.E. 3�d Avenue, Room 101 Okeechobee, FL 34974 The submitting offeror is required to have printed on the sealed envelope or wrapping containing their submission their Companv name and return address, the Bid Number, Title. Openina Date and Time. Bids received after the date and time specified above shall be returned to the sender unopened. Facsimile or emailed bids will not be accepted. All bids shall remain in effect for a period of ninety (90) days after the last day on which bids must be submitted. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 2 SECTION II PW 02-00-12-20 SUBMISSION REQUIREMENTS The bidder shall submit two (2) oriqinal clearlv identified oriqinals and one copv of the followinq: 1. Bid Documentation Form (Section III) 2. Minimum Qualifications for Bidders Form (Section IV) and three (3) references (Attachment H) 3. Bid Bond 4. Bid Unit Price Schedule (Section VII, Exhibit B) In addition to the above, please complete the following forms that must be returned with your bid: Attachment A— No Lobbying Affidavit Attachment B— Anti Collusion Statement and No Gift Statement Attachment C — Proposer's Certification Attachment D— Sworn Statement Pursuant to Section 287.133(3)(a), FL Statutes on Public Entity Crimes Attachment E— Conflict of Interest Disclosure Attachment F— Immigration Law Certification Attachment G— Drug Free Workplace Certification Attachment H — Reference Form City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 3 SECTION III PW 02-00-12-20 BID DOCUMENTATION �� S� �-e�e�l ��►�;�i�. (BIDDER'S COMPANY NAMEf City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 I have received the documents titled CITY OFOKEECHOBEE TAYLOR CREEK SE gtn AVENUE STORMWATER CONVEYANCE Proiect No PW 02-00-12-20. I have also received addendum number � through �_ 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 15 calendar days from the Notice to Proceed and there after completing the work within 60 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 all or any portion thereof, of the items listed under the Bid Unit Price Schedule. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 4 i • � ' . � I • ' J�, � � . ' I I I � i '� • • . . ,l � � � i I I 1 I � 1 I � ' / � � ' � 1 ! : ��. / 1\��� �'��1/ �II� � •- r L �' . � �_ igna u e c Email: ��S 1 t�l� Ql �.l ���` f�� ��,. (1'L�� 1• (Printed Name) F���Y�r `� C� b r ..� �.. (� \. 1 1 _ 1� !� _ v _ Mailing Address: Office Number: ��� City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 5 //'/ ■�,'/ � /\�_ �(�� AC�,��w �/I`1�.!' !/(/�' �VR4�CI IU� David Allen , o�r����-- �. Public Works Director Okeechobee Public Works PW 02-00-12-20 FDEP Agreement No LP47020 City of Okeechobee Taylor Creek SE 8th Avenue Stormwater Conveyance Addendum 1 January 12, 2021 The City has unimproved right-of-way South of the project area that may be utilized for laydown. The contractor will be responsible for the safety and security of any materials or equipment stored at the site as well as site restoration after the project. �� _ ;� } ..,:�,� �,� .� ' r ' �' �� '.",,�� � ,� >�:� �, , � � �� ��, i ��+ ; j K`� � ti�� ��R � .� 1 - y, �i �.; ��T . . . . I ' . .. . .. A � *�• � . ,�,� �� ��� �+ ,. . . � � ��.... ��Q r'n� _... ; • �_.^z...s ._-c - � 2. The selected contractor will be responsible for providing the City with a Temporary Traffic Control plan prior to commencement of construction. Any street closures must be coordinated with the City Police and Fire Department as well as the Okeechobee County School board if there will be an impact to school bus service. All roads are to be opened at night. 3. An engineer's estimate is not available for the project. 4. The requirements for a performance bond is per the original bid document. Should the contractor request change orders that bring the project total above the requirement for a performance bond will be determined by the City Attorney S. Bi-monthly draws will be permitted for the project. Question: Answer: Question: Answer• Question: Answer: Question• Answer: The plans are sort of vague are the inlets and pipe to be removed and new installed or are they to remain? Existing inlets and pipe are to be replaced with the exception of the existing outfall pipe which is to be tied into and remain. Is the drainage separator to be added? Yes, there is no existing drainage separator. Is the existing valley gutter to be removed and replaced or does it remain? The existing valley gutter is to be removed and replaced. You have a pay item for subgrade and base is that correct or are we to just mill and resurface Subgrade and base are to be removed and replaced per the typical section included in the plans. Mailing address: 55 SE 3�d Ave, Facility Address 500 NW 11t'' Avenue • Okeechobee FL 34974 • 863-763-3926 SECTION IV PW 02-00-12-20 MINIMUM QUALIFICATtONS FOR BIDDERS Minimum Qualifications: 1.0 Experience 1.1 Bidder must have at least 3 years of experience in providing commercial storm water improvement services including pipe, and structure installation and roadway restoration. 1.2 Bidder has successfully completed at least 6 asphalt storm water improvement projects in the last three years. 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 perFo�med 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 senrices 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 Bidder certifies that 4.1 Bidder meets the qualifications listed in Section IV, 1.0 above. 4.2 Bidder has never failed to complete work awarded under a contract due to circumstances that were under Bidder's control. 4.3 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. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 6 : •�- ` r' � I / I ��� �, � �� . - • •. � I 1 �� ( �iV! ��� / ,�� � �'� � �' / � iL_ . . � � .. �.i " i • . . � �' � � � �'�� •�ll� ,� �� ��. - -. . - � � Mailing Address: Office Number. �0 J —� �O�—jp�3 City of Okeechobee Public Works Department �n�, Q. �Ya.� I .c.�m � - Fax Number: 0����5"-�—/ b� Project No. PW 02-00-12-20 SECTION V PW 02-00-12-20 BONDING AND INSURANCE REQUIREMENTS 5.01 Bid Guaranty A. Bid Bond Form. Each Bid must be accompanied by the CITY's Bid Bond form meeting the standards specified in this Article 5, including those applicable to the sureties for the Statutory Payment Bond and Common Law Performance Bond specified in the General Terms & Conditions. The bond shall be on the Bid Guaranty form provided by the CITY, with Power of Attorney Affidavit attached, in an amount not less than five percent (5%) of the amount of the bid. The Bid Bond shall be in the Prime Contractor's name. The Bidder is required to use the CITY forms provided in this RFB. Alternate bond forms will not be accepted. Failure to provide the CITY's bond forms will deem the Bid non-responsive. B. Alternate Security. In lieu of the Bid Bond, the Bid may be accompanied by an alternate form of security in the form of cash, a money order, certified check of any national or state bank made payable to the CITY, or an irrevocable letter of credit, in an amount not less than five percent (5%) of the amount of the Bid. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond for which the alternative form of security is being substituted. The determination of the value of an alternative form of security shall be made by the CITY. C. Conditions. The Bid Bond or alternate security shall be conditioned upon the Bidder's: 1. Not withdrawing said bid within opening of the same, and 2. Within seven (7) business days Letter: one hundred twenty (120) days after date of after of the Notice of Apparent Low Bidder a. executing a written CONTRACT with the CITY, in accordance with the bid as accepted; b. providing evidence of insurance in the manner specified by the CITY; and c. if the Bid exceeds $200,000.00, providing 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, having provided an alternate form of security as specified in the General Terms & Conditions); d. or in the event to fully comply with all of the foregoing, if the Bidder shall have paid the CITY the difference between the amount specified in said bid and the amount for which the CITY may procure the required work and/or supplies, if the latter amount be in excess of the former. City of Okeechobee Public Works Department Project No. PW 02-00-12-20 D. Return of Bid Guaranty. Funds of any money order or check that may be received will be returned to all Bidders, with the exception of the two (2) apparent low Bidders, within thirty (30) days after the opening of the Bids. Bid bonds will not be returned to the bidders, unless specifically requested by a Bidder. The Bid Security of the apparent and second apparent low bidder shall be retained until such Bidder has executed the CONTRACT, furnished the Insurance Certificate and endorsements, complied with the CITY's SBE requirements, and furnished a valid and acceptable 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, having provided an alternate form of security as specified in the General Terms & Conditions) as required under the provisions of the CONTRACT. Any money order or check from the apparent low bidder shall be deposited upon receipt. Any money order or certified check from the second apparent low bidder may be deposited. Failure of the CITY to execute the CONTRACT within one hundred twenty (120) days after the date of the bid opening shall initiate release of the Bid Bond, certified check or cash of the lowest and second lowest bidders unless mutually agreed otherwise or specified in the Supplemental Conditions. 5.02 Performance and Payment Bond: Bonds must be in compliance with Florida Law. If the CONTRACT price is in excess of $200,000.00, the [CONTRACTOR] shall, within seven (7) business days of date of the Notice of Apparent Low Bidder from CITY, provide CITY with a Common Law PerFormance Bond and a Statutory Payment Bond meeting the standards specified herein, on the forms provided by the CITY with Power of Attorney Affidavit attached, each in an amount not less than the CONTRACT Price. The bonds shall also be accompanied by the CITY's Affidavit for Surety Form. The Performance and Payment Bonds shall be in the Prime Contractor's name. Failure to provide the bond(s) within the seven (7) business day period shall be sufficient cause for the CITY to deem the Bidder non-responsive and nullify the CONTRACT award. The [Contractor] shall provide a PerFormance Bond which guarantees the performance of the Work as well as any applicable extended warranty. 5.03 All Bonds Sureties Qualifications: All bonds required under this CONTRACT, including, but not by way of limitation, any Bid Bond, Common Law PerFormance Bond or Statutory Payment Bond shall be written through a reputable and responsible surety bond agency licensed to do business in the State of Florida and with a surety which holds a certificate of authority authorizing it to write surety bonds in Florida meeting the following requirements: City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 9 BOND ANDINSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS CONTRACT SUM BEST'S RATING CLASSIFICATION FOR BEST'S FINANCIAL SURETY AND INSURANCE FIRMS, & SIZE CATEGORY OTHER REQUIREMENTS FOR SURETY AND INSURANCE FIRMS From: $0.00 Bid Bond and Insurance Required. No Minimum To: $200,000.00 Required. Performance and Payment Bond Not Required (unless specified in Contract Not Applicable. Documents From: $200,000.01 All Bonds and Insurance Required: No Minimum To: $500,000.00 See re uirements under ara ra h 3 below Re uired. From: $500,000.01 All Bonds and Insurance Required: IV or larger. To: $2,500,000.00 A- or better Circular 570 requirements (paragraph 2 below From: $2,500,000.01and All Bonds and Insurance Required: V or larger. more A- or better Circular 570 requirements ara ra h 2 below [CONTRACTOR] must use the CITY bond forms enclosed herein. Failure to use the CITY forms shall deem the bidder as non-responsive. 1. Ratings by A.M. Best: The surety and insurance company or corporation shall have a minimum A.M. Best Company rating as indicated above in addition to the surety qualifying pursuant to paragraph (3) below: 2. Circular 570, CONTRACT Price of $500,000.01 or More: If the CONTRACT Price is $500,000.01 or greater, the surety shall also comply with the Circular 570 requirements as set forth in this paragraph 2. The surety shall maintain a current certificate of authority as an acceptable surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570, current revision. If the amount of the bond exceeds the underwriting limitations set forth in the Circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the Circular and the excess risk must be protected by co- insurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 CFR Section 223.10 - Section 223.111. Further the surety company shall provide the CITY with evidence satisfactory to the CITY, that such excess risk has been protected in an acceptable manner. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 10 3. CONTRACT Price of $500,000 or Less: Notwithstanding the foregoing paragraphs 1. and 2., in the event the CONTRACT price is $500,000.00 or less, in accordance with Section 287.0935, Florida Statutes, bonds with a surety company in compliance with the following requirements shall be acceptable: a. The surety company is licensed to do business in the State of Florida; and b. The surety company holds a certificate of authority authorizing it to write surety bonds in Florida; and c. The surety company has twice the minimum surplus and capital required by the Florida Insurance code at the time this Request for Bids is issued; and d. The surety company is otherwise in compliance with the provisions of the Florida Insurance Code; and e. The surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under 31 U.S.C. ss.9304 to 9308. In order to qualify as an acceptable surety company under this paragraph 3, an Affidavit for the Surety Company shall be executed by an Officer of the surety bond insurer as evidence that a surety company is in compliance with the foregoing requirements. A. Additional or replacement bond: It is further mutually agreed between the parties hereto that if, at any time, the CITY shall deem the surety or sureties upon any bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate, the [CONTRACTOR] shall, at its expense within seven (7) business days after the receipt of notice from the CITY to do so, furnish an additional or replacement bond or bonds on the CITY'S standard form, with the same amount, and with such surety or sureties as shall be satisfactory to the CITY. In such event, no further payments to the [CONTRACTOR] shall be deemed to be due under this CONTRACT until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the CITY. In addition, the [CONTRACTOR] shall for any increases in the CONTRACT amount automatically increase the amount of the perFormance and payment bonds to equal the revised amount of the contract and shall provide the CITY with evidence of same. B. The surety company shall provide a Florida address for service of process in the prescribed space on the forms provided by the CITY for all bonds required by the CITY. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 11 C. Alternate form of security: In lieu of the Common Law Performance Bond or Statutory Payment Bond, [CONTRACTOR] may, pursuant to Section 255.051, Florida Statutes, provide an alternate form of security in the form of cash, a money order, a certified check, or an irrevocable letter of credit. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond for which the alternative form of security is being substituted. The determination of the value of an alternative form of security shall be made by the CITY. 5.04 Insurance A. Certificate of Insurance. The [CONTRACTOR] shall deliver to CITY and maintain insurance coverage reflecting, at a minimum, the amounts and conditions as specified within the CITY'S Insurance Requirements Checklist, attached herein. All insurance required under this CONTRACT shall meet the requirements listed in the Table found in 5.03 above. In addition, at the direction of the CITY, the [CONTRACTOR] shall for any increases in the CONTRACT amount automatically increase the amount of the insurance to equal the revised amount of the contract and shall provide the CITY with evidence of same. The [CONTRACTOR] shall provide the certificate within seven (7) business days from the date of the Notice of Apparent Low Bidder. The [CONTRACTOR] shall have thirty (30) business days after CONTRACT execution, to produce the required Insurance Declaration Page of Policy, additional insured endorsement forms, and a waiver of subrogation endorsement as set forth in the General Terms & Conditions, and the Insurance Requirements Checklist included herein. [CONTRACTOR] shall provide an insurance policy that provides the City of Okeechobee, and the Florida Department of Environmental Protection, as additional insured, a separate defense in the event of a claim filed by a third party against the City, regardless of whether an allegation of negligence is alleged against the CONTRACTOR. B. Qualifications to Do Business in Florida. All insurers must be qualified to lawfully conduct business in the State of Florida. Failure of the CITY to notify the CONTRACTOR that the Certificate of Insurance provided does not meet the CONTRACT requirements, shall not constitute a waiver of the [CONTRACTOR'S] responsibility to meet the stated requirements. In addition, receipt and acceptance of the certificate of insurance by the CITY shall not constitute approval of the amounts, conditions or types of coverage listed on the certificate. Misrepresentation of any material fact, whether intentional or not, regarding the [CONTRACTOR'S] insurance coverage, policies or capabilities, may be grounds for rejection of the response and rescission of any ensuing contract. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 12 C. Self-insured Provisions. If the [CONTRACTOR] is a self-insured entity, the [CONTRACTOR] may contact the CITY'S CONTRACT Administrator, identified on the cover page, and request the CITY'S self-insurance package. It shall be the responsibility of the [CONTRACTOR] to ensure that all Subcontractors are adequately insured or covered under their policies. The CITY may at its discretion, require the [CONTRACTOR] to provide a complete certified copy of its insurance policy(s). D. Workers' Compensation: 1. Workers' Compensation insurance shall comply with Chapter 440, Florida Statute, including Employer's Liability. If work is performed in/over navigable waters, an endorsement covering the U.S. Longshore and Harbor Workers' Compensation Act (LHWCA) 33 U.S.C. Section 901, et seq. and Jones Act, 46 App U.S.C. Section 861, et seq. shall be included. 2. If [CONTRACTOR] claims an exemption from coverage, it must attach proof of same for consideration in the form of a certified copy of your state exemption form. The CITY reserves the right to require said coverage regardless of the state exemption. E. Commercial Liability Insurance 1. Coverage shall be no more restrictive than that identified by the Insurance Services Office, Inc. (ISO). 2. Coverage shall be written on an Occurrence Basis Form. 3. Coverage shall provide as a minimum those limits identified within the CITY's Insurance Requirements Checklist. Coverage shall be "first dollar" coverage. If [CONTRACTOR'S] policy includes a Self-Insured Retention (SIR) [CONTRACTOR] may, at the CITY's option, be required to meet established financial security requirements. 4. Coverage shall include as a minimum, the following coverage endorsements: Premises / Operations, Products/Completed Operations, Contractual Liability, Independent CONTRACTORS, Broad Form Property Damage, Underground Explosion/Collapse (XCU) and Personal Injury. Additional endorsements may be required as the CONTRACT dictates. Refer to the CITY's Insurance Requirements Checklist attached herein. 5. The CITY and FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION shall be added by endorsement as an Additional Insured. An endorsement shall also be included which specifies that the inclusion of an additional insured does not exclude any pollution liability coverage otherwise afforded by said policy. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 13 F. Business Auto Liability Insurance 1. Coverage shall be no more restrictive than that identified by the Insurance Services Office, Inc. (ISO). 2. Coverage shall provide as a minimum those limits identified within the CITY's Insurance Requirements Checklist. Coverage shall be "first dollar" coverage. If [CONTRACTOR'S] policy includes a Self-Insured Retention (SIR) [CONTRACTOR] may, at the CITY's option, be required to meet established financial security requirements. 3. Coverage shall be "Any Auto" - Symbol 1. G. Builders Risk Insurance/Installation Floater 1. The insurance policy shall be "broad form," "all risk" covering all equipment and machinery; or a special Installation Floater may be included to ensure the required coverage for this exposure. The policy form shall be no more restrictive than the "inland marine type form." The CITY shall be allowed to occupy the property in question without voiding any of the provided coverages. 2. The policy(s) shall state, "on behalf of all parties to the contract." The [CONTRACTOR], the CITY and all other applicable subcontractors are to be included as "insureds" on the policy(s). 3. At a minimum, the "covered property" will include the building or structure being constructed, including all fixtures, materials, supplies, machinery and equipment to be used in, or incidental to the construction. This will extend coverage to underground works. Coverage shall also be afforded to the property of others through a"care, custody or control" endorsement, as well as property off-site or in transit. The following coverages shall also be included by endorsement, unless excluded by the CITY: Boiler & Machinery, Testing, Mechanical Breakdown, Earthquake, and Flood. 4. Coverage shall be valued on a Replacement Cost (100%) basis. A maximum (SIR) of $5,000 is allowed. If multiple limits of liability are proposed for the construction site, property in transit, off-site storage, etc., the same value requirement shall be used for each. 5. All coverages afforded under this policy(s) shall remain in effect and not be excluded by a"Force Majeure Clause" found elsewhere in these Bidding Documents. 6. Coverage shall cease when the entire project covered by said policy is accepted by the CITY. In the event testing by the CONTRACTOR is conducted after acceptance by the CITY, coverage shall remain in full force and effect until all testing is complete and accepted by the CITY, and final payment is made. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 14 INSURANCE [CONTRACTOR] shall, at its sole cost and expense, procure and maintain throughout the term of this contract, Comprehensive General Liability, Worker's Compensation, and Commercial Automobile Liability insurance, including Employer Liability insurance, with minimum policy limits specified below Combined Single Limits, or to the extent and in such amounts as required and authorized by Florida Law, and will provide endorsed certificates of insurance generated and executed by a licensed insurance broker, brokerage or similar licensed insurance professional evidencing such coverage, and naming the City of Okeechobee and the Florida Department of Environmental Protection as a named additional insured, as well as furnishing the City of Okeechobee with a certified copy, or copies, of said insurance policies. Certificates of insurance and certified copies of these insurance policies must accompany this signed contract. Said insurance coverages procured by [CONTRACTOR] as required herein shall be considered, and [CONTRACTOR] agrees that said insurance coverages it procures as required herein shall be considered, as primary insurance over and above any other insurance, or self- insurance, available to the City of Okeechobee, and that any other insurance, or self-insurance available to the City of Okeechobee shall be considered secondary to, or in excess of, the insurance coverage(s) procured by [CONTRACTOR] Worker's' Compensation - Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease. Commercial General Liability (Occurrence Form Required) (Contractor/Vendor) shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000.00. Products and completed operations aggregate shall be $5,000,000.00. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent Contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury. Damage to rented premises shall be included at $100,000.00. Commercial Automobile Liability Insurance (Contractor/Vendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 15 Executed in 2 Counterparts BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, B&B Site Development, Inc. as Principal and The Gray Insurance Company , as Surety, are held and firmly bound unto the City of Okeechobee (the "City"), in the penal sum of $ Five Percent ot * 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. *Amount Bid (5%) THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated January 14th � 2021, for the Contract Documents: Contract Numbe�: PW 02-00-12-20 Contract Title: CITY OF OKEECHOBEE TAYLOR CREEK SE 8�' AVENUE STORMWATER CONVEYANCE 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 specifed 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 P�incipal 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 �keechobee Project No. PW 02-00-12-20 Public Works Department 16 DATED ON ,lanuary 14th _, 20 21 . FOR NON-CORPORATE BIDDERS: N/A �tness) N/A (Print Name) N/A �tness) N/A (Print Name) FOR CORPORATE BIDDERS: ATTEST: By: N/A (Signature of Principal) N/A (Print Name and Title) N/A N/A Business Address B&B Site Development, Inc. (Signature of Corporate Principal) Secretary (Print Name and Title) 1505 C South Parrott Ave. Okeechobee, FL 34974 Business Address SURETY: AITEST: (Corporate Seal) ��, �� � Secretary Susan L. Reich The Gray Insurance Company (Co�9rate Surety %� � . l� �' (Print Name and Title) Kim E. Niv* PO Box 6202, Metairie, LA 70009-6202 Business Address "`Florida Surety Bonds, Inc. 620 N Wymore Rd Ste 200, Maitland, FL 3275 Florida Address for Service of Process ; _^ _ *(407) 786-7770 Telephone Number (Surety shall provide evidence of signature authority such as a certified copy of Power of Attorney.) City of Okeechobee Project N�. PW 02-00-12-20 Public Works Department 17 =�_ Pldrida Surety I3onds Ol/13/2021 09:20 295680001226 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: N/A Principal: B&B Site Development, Inc. Project: PW 02-00-12-20, City of Okeechobee Taylor Creek SE 8th Avenue Storm Water Conveyance KNOW ALL BY TI-IESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint Susan L. licich, Jeffrey W. Reich, Kim E. Niv, Teresa L. Durham, Cheryl Foley, Gloria A. Richards, Robcrt P. O'Linn, and Sarah K. O'Linn of Maitland, rlorida jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, contracts of suretyship as are or may be required or permitted by (aw, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000.00. This Power of Attorney is granted and is signed by facsimile under and by the authority of the followin� Resolutions adopted by the Boards of Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 26'�' day of June, 2003. "R�SOLVED, that the President, Executivc Vice President, any Vice President, or the Secretary be and each or any of them hereby is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach the seal of the Company; and it is FURTHER R�SOLVED, that tbe signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Coinpany no�v and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WIT'NESS WHCREOF, The Gray Lisurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to Ue signed by their authorized officers this 12`h day of September, 2011. \a �wR �""•y�� .* � 'ti n � SEAL �; By: y1 ti �,r�" ..* . Stafe of Louisiana �� � s����� Michael T. Gray President, The Gray Insurance Company and Vice President, The Gray Casualty & Surety Company �% i���/O (/��� yJP"�'� ��".'H}� J����" �� G`'f � _� ••� Attest: Mark S. Manguno �� SEAL t� Secretary, �„� _ a The Gray Insurance Company, y�r''�..,,„, ..�'1�r The Gray Casualty & Surety Company *� ss: Parish of.Tefferson On this 12'h day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of'their companies. s �`$�..:•M. �,C(q"�*z, s � �7��'• t �= e* � �*e �,��';� ���`�p�e,; '..,F OFi� �V"`a�A`� � Lisa S. Millar, Notary Public, Parish of Orleans State of Louisiana My Commission is for Life [, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHCRCOF, I liave set my hand and affixed the seals of the Companies, this 14th day of January > 2021 . �� ^'�R � cF >� �.� ���k� d� SEEY� � �,t a � _ y�• ..*..._,-�. . 9J�.,,T..� � �..'(i A�, �.` � or}�• �.� ~1`:�c ' � _ : �� SEAL � . _ , '` ,�y�� � {� _ -\ *, .�t -'_� �. •`. _._ \�� , ,�, jr��'w".." ���(�i"-�IVf"A Mark S. Manguno, Secretary The Gray Insurance Company The Gray Casualty & Surety Company l� 'Pu�l�!�W _ { •�Ni 'SaN08 Al�btlS 11a1801� - OLLL-98L-LOt� auo� d � FLORIDA SURETY B ND IH O S . . C Maitland, FL 407-786-7770 www.FloridaSuretyBonds.com COMMON LAW PERFORMANCE BOND BY THIS BOND, know that Business Address and as Principal, herewith called [CONTRACTOR], , Business Phone , , as , hereinafter called SURETY, Surety Address , Surety Phone Number , are bound to City of Okeechobee, as Obligee, herein called CITY, in the amount of Dollars ($ ) for payment of which CONTRACTOR and SURETY bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally, with reference to a written CONTRACT entered into by CONTRACTOR and CITY, for the following: Contract Number: PW 02-00-12-20 Contract Title: CITY OFOKEECHOBEE TAYLOR CREEK SE 8th AVENUE STORMWATER CONVEYANCE General Description of Project: Provide construction services needed to construct water quality and baffle box drainage improvements and perform roadway restoration on SE 8t" Avenue, Okeechobee, FL 34974 Directions: THE CONDITION OF THIS BOND is that if the [CONTRACTOR]: 1. Performs said contract in accordance with its terms and conditions; and 2. Pays CITY all losses, damages (direct and consequential including delay or liquidated damages), expenses, costs, and attorney's fees, including appellate proceedings, that CITY sustains because of a default by CONTRACTOR under the CONTRACT; and 3. Pays CITY any and all other amounts due CITY by CONTRACTOR because of a default by CONTRACTOR under the CONTRACT; and 4. Performs the warranty, extended warranty and guarantee of all work and materials furnished under the CONTRACT for the time specified in the CONTRACT; THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE. If there is no CITY default, the SURETY's OBLIGATIONS UNDER THIS BOND shall arise after SURETY has received notice of CITY's declaration of default of CONTRACTOR in accordance with the terms and conditions of the CONTRACT (including notice and cure periods), so that within 20 days of CITY's declaration of CONTRACTOR's default, SURETY shall either (1) arrange for the CONTRACTOR, with the written consent of the CITY, to timely perform and complete the contract or (2) undertake to timely perform and complete the contract either by retaining another contractor approved by the CITY or undertaking to do the contract itself. SURETY shall be liable for any and all delays caused by the CONTRACTOR, SURETY, and/or the replacement contractor(s) provided by the SURETY. SURETY's failure to take such action shall be deemed to be a default on this Bond, thus entitling the CITY to complete the contract with another contractor and recover all resulting damages, including, but not limited to, all direct and consequential damages including delay or liquidated damages, engineering and architectural fees, as well as, any and all legal costs and attorney's fees. Any changes in or under the Contract Documents do not affect the Surety's obligation under this bond. Surety hereby waives notice of any alteration or extension of time made by the Owner. Any suit under this bond must be initiated before the expiration of the limitation period applicable under Florida Statutes. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 18 IN WITNESS WHEREOF, this instrument is executed this _day of WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed and delivered in the presence of: By: By: (Witness) Individual Principal WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME: Signed and delivered in the presence of: By: By: (Witness) � (Witness) WHEN A PARTNERSHIP: Signed and delivered in the presence of: By: (Witness) � (Witness) WHEN THE PRINCIPAL IS A CORPORATION: ATTEST: (Type Corporate Principal Name) By: (Secretary) SURETY: ATTEST: (Surety Seal) (Type Corporate Surety Name) By: (Secretary) City of Okeechobee Public Works Department 19 20_ Signature of Individual By: Partner By: President � SURETY Project No. PW 02-00-12-20 ATTO RN EY-I N-FACT By: Name NOTE 1: Surety shall provide evidence of signature authority, i.e., a certified copy of Power of Attorney. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. The Common Law Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 20 STATUTORY PAYMENT BOND BY THIS BOND, know that as Principal, herewith called [CONTRACTOR], Business Address , Business Phone , and , as , hereinafter called SURETY, Surety Address , Surety Phone Number , are bound to City of Okeechobee, as Obligee, herein called CITY, in the amount of Dollars ($ ) for payment of which CONTRACTOR and SURETY bind themselves, their heirs, personal representatives, executors, administrators, successors and assigns, jointly and severally, with reference to a written CONTRACT entered into by CONTRACTOR and CITY, for the following: Contract Number: PW 02-00-12-20 Contract Title: CITY OF OKEECHOBEE TAYLOR CREEK SE 8t'' AVENUE STORMWATER CONVEYANCE General Description of Project: Directions: Provide construction services needed to construct water quality and baffle box drainage improvements and perForm roadway restoration on SE 8th Avenue, Okeechobee, FL 34974 THE CONDITION OF THIS BOND is that if the [CONTRACTOR]: Promptly makes payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying CONTRACTOR with labor, material, or supplies, used directly or indirectly by CONTRACTOR in the prosecution of the work provided for in the contract; THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE. Any changes in or under the Contract Documents and compliance or noncompliance with formalities, connected with the CONTRACT or with the changes, do not affect Surety's obligation under this bond. Surety hereby waives notice of any alteration or extension of time made by the CITY. Claimants must comply with notice requirements set forth in Section 255.05(2), Florida Statutes. No action shall be instituted against the CONTRACTOR or Surety under this bond after one (1) year from the performance of the labor or completion of the delivery of the materials or supplies. IN WITNESS WHEREOF, this instrument is executed this the day of , 20 WHEN THE PRINCIPAL IS AN INDIVIDUAL: Signed and delivered in the presence of: By: (Witness) WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME: Signed and delivered in the presence of: By: By: City of Okeechobee Public Works Department (Witness) (Witness) 21 � By: (Individual Principal) Signature of Individual Project No. PW 02-00-12-20 WHEN A PARTNERSHIP: Signed and delivered in the presence of: By: (Witness) By: (Witness) WHEN THE PRINCIPAL IS A CORPORATION: ATTEST: (Type Corporate Principal Name) By: (Secretary) SURETY: ATTEST: (Surety Seal) By: Service of Process) ATTORNEY-IN-FACT By: (Type Corporate Surety Name) (Secretary) By: Partner By: President By: ���L'���'/ (Type Florida Address for Name NOTE 1: Surety shall provide evidence of signature authority, i.e., a certified copy of Power of Attorney. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State of Florida. ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of Performance Bond on behalf of Surety. The Common Law Performance Bond and the Statutory Payment Bond and the covered amounts of each are separate and distinct from each other. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 22 AFFIDAVIT FOR SURETY COMPANY To be submitted with Performance 8� Payment Bond TO City of Okeechobee RE: CONTRACT NUMBER: CONTRACT TITLE: CONTRACTOR: Name: Address: Telephone: AMOUNT OF BOND: SURETY COMPANY: Name: Address: Telephone: Email address: PW 02-00-12-20 CITY OF OKEECHOBEE TAYLOR CREEK SE gtn AVENUE STORMWATER CONVEYANCE BEFORE ME, the undersigned authority, personally appeared the AFFIANT, who being duly sworn and says: (1) He/She is (Officership) of the Surety Company; (2) In accordance with Section 287.0935, Florida Statutes, the Surety Company fulfills each of the following provisions: a) The Surety Company is licensed to do business in the State of Florida; b) The Surety Company holds a certificate of authority authorizing it to write surety bonds in Florida; c) The Surety Company has twice the minimum surplus and capital required by the Florida Insurance code at the time the invitation to bid is issued; d) The Surety Company is otherwise in compliance with the provisions of the Florida Insurance Code; and e) The Surety Company holds a currently valid certificate of authority issued by the United Stated Department of Treasury under 31 U.S.C. ss. 9304 to 9308. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 23 FURTHER AFFIANT SAYETH NOT. Dated Signed Signature of AFFIANT (Officer of Surety Company) Title of AFFIANT STATE OF COUNTY OF Before me this day personally appeared , who, being duly sworn, executed this Affidavit and acknowledged to and before me the truthfulness and accuracy of the statements in the Affidavit. SWORN TO AND SUBSCRIBED before me this day of , 20 , by AFFIANT, who is personally known to me. By: Name: NOTARY PUBLIC Commission Expiration Date: City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 24 SECTION VI PW 02-00-12-20 REJECTION OF BID 1. The City may reject a Bid if: a. The Bidder conceals any material fact in the bid. b. The Bid does not strictly conform to the law or requirements of this solicitation. c. The City may, however, reject any or all Bids, whenever it is deemed in the best interest of the City to do so and may reject any part of a Bid. The City may also waive any minor informalities or irregularities in any Bid. 2. Bid Protest Procedure: a. Any Bidder that has submitted a formal bid to City of Okeechobee, and who is adversely affected by the decision with respect to the award of the formal bid, may file with the City Administrator's Office, City of Okeechobee, 55 S.E. 3rd Avenue, Okeechobee, FL 34974, a written Protest no later than forty-eight (48) hours (excluding Saturdays, Sundays and Legal Holidays) of the decision of the City of Okeechobee City Council to award the bid. b. The "Notice of Intent to File a ProtesY' document shall be in the form of a letter stating all grounds claimed for the Protest. Failure to do so shall constitute a waiver of all rights to seek any further remedies provided for under this Protest Procedure. c. The City Administrator shall submit the protest statement and affidavits along with his or her own statement and affidavits in support of the award of the formal bid to the City Council for a final determination of the protest. City of Okeechobee Project No. PW 02-00-12-20 Public Works Department 25 NOTICE OF AWARD PW 02-00-12-20, CITY OF OKEECHOBEE TAYLOR CREEK SE 8thAVENUE STORMWATER CONVEYANCE FDEP AGREEMENT N0. LP47020 February 4, 2021 B&B Site Development, Inc. Attn: Ms. Michelle Baughman 1505 C South Parrott Avenue Okeechobee, FL 34974 Dear Ms. Baughman, The City Council awarded the PW 02-00-12-20, CITY OF OKEECHOBEE TAYLOR CREEK SE 8thAVENUE STORMWATER CONVEYANCE bid to your company, B&B Site Development, Inc., at the February 2, 2021 City Council Meeting in the amount of $184,813.65. In order to proceed with the project, you will need to provide the City of Okeechobee with the following by Friday, February 12, 2021: � . ✓. W'. ✓• v" • A certified copy of the insurance policies with the declaration pages for the General Liability and Commercial Auto Insurance. The insurance agent can use a stamp and state that it is a true and original copy and then sign and date it or they can write something to the fact on their letterhead listing the policy numbers, signing and dating it. The City of Okeechobee and the Florida Department of Environmental Protection both need to be listed as additional insured with the limits specified per Section V of the bid packet, pages 8-15. Workers Compensation Insurance certificate with the limits specified per Section V of the bid packet, pages 8-15. Copy of State License. Copy of City of Okeechobee Business Tax Receipt. Copy of County of Okeechobee Business Tax Receipt. W-9. Two original executed sets of the attached Agreement. One set will be returned to you after executed by the City. We look forward to working with you on this project. Should you have any questions please feel free to contact me per my contact information below. Sincerel Davi� Public Works Director City of Okeechobee 55 SE Third Avenue Okeechobee,FL 34974 Tele: 863-763-9790 Fax: 863-763-1686 dal len(c�citvofokeechobee.com SECTION VII PW 02-00-12-20 AGREEMENT FOR SERVICES This AGREEMENT is dated as of the 2"d day of February in the year 2021, between the City of Okeechobee (CITY) and B&B Site Development, Inc. (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SCOPE OF WORK The following Exhibits are attached and are a part of this Agreement. Exhibit A — Governing Specifications Exhibit B— Bid Unit Price Schedule The work is described as follows: Provide construction services needed to construct water quality and baffle box drainage improvements and perform roadway restoration on SE gtn Avenue, Okeechobee, FL 34974 The selected Contractors will be responsible for the entire scope of work, hiring licensed Subcontractors, and paying for all plans and permits from the City of Okeechobee and/or other agencies. ARTICLE 2. PUBLIC WORKS DIRECTOR 2.1. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall mean: City of Okeechobee Public Works Director 55 S.E. 3`d Avenue Okeechobee, FL 34974 ARTICLE 3. CONTRACT TIME 3.1 This contract will be in force for time as set forth in Section III. ARTICLE 4. CONTRACT PRICE 4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the unit prices listed in Exhibit B 4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, based on the unit prices indicated on the Bid form. City of Okeechobee Public Works Department Project No. PW 02-00-12-20 26 ARTICLE 5. MEASUREMENT AND PAYMENT 5.1 The City will not pay for any item that is not specifically set forth in the Bid Schedule. 5.2 The total Unit Bid Price for each project shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishings all materials, equipment, supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 Contractor shall submit Applications for Payment monthly after work has been completed. A monthly invoice shall be submitted on or before the 9th day of each month for payment. The invoice will be processed through our regular cycle with payment usually made by the end of the following month. Example: Work performed from September 1 S� through September 30t''. The invoice is to be received by the City no later than October 9t", and payment should be made by October 30t". 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. 5.5 Quantities necessary to complete the work as shown on the Drawings or as specified herein shall govern over those shown in the Bid Documents. The CONTRACTOR shall take no advantage of any apparent error or omission in the Drawings or Specifications, and the Public Works Director shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 5.6 The quantities for payment, other than Final Payment, under this Contract shall be determined for actual measurement of the completed items, in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained herein. A representative of the CONTRACTOR shall witness all field measurements. 5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and supplied for the sole purpose of providing Bidder with a basis which will be used to determine the Base Bid and to obtain unit prices for approvals of progress payments for the Work done. Actual quantities which will be ordered by CITY may vary from those on the Bid Form(s). The CONTRACTOR'S attention is directed to the items of work for which no unit price is set. All work shown on the drawinqs as outlined in the saecifications is to be completed in all respects, and the cost of all miscellaneous and associated work to anv specific items shall be included in the Unit Prices. 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and CONTRACTOR. Requests for payment and supporting data shall be prepared by the CONTRACTOR and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. City of Okeechobee Public Works Department Project No. PW 02-00-12-20 27 5.9 The [CONTRACTOR] shall furnish the Public Works Director whatever assistance is required, laborers, clerks and records that will enable the Public Works Director to expeditiously check all estimates and especially the final quantities of the project. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress, or performance of the work which were relied upon by the Public Works Director in the preparation of the Drawings and Specifications. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 6.2 above as he deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the contract documents, and no additional examinations, investigations, tests, reports or similar data are/or will be required by the CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents. 6.5 CONTRACTOR has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. ARTICLE 7. EARLY TERMINATION 7.1 Should CONTRACTOR violate any provision of this contract, or if the level of service and performance being provided by CONTRACTOR does not meet the expectations of the CITY after providing attempts at curing such defects, the CITY may cancel this contract upon thirty (30) days written notice to CONTRACTOR without further liability therefore. City of Okeechobee Public Works Department Project No. PW 02-00-12-20 28 ARTICLE 8. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the CITY and the CONTRACTOR are made a part hereof and consist of the following: • This Agreement � Certificates of Insurance • Payment Bond and Performance Bond • Notice of Award • Notices to Proceed • General Conditions • Governing Specifications attached as Exhibit Addenda numbers 1 to 1, inclusive. • CONTRACTOR'S Bid Forms (including documentation accompanying the Bid and documentation prior to Notice of Award). • Documentation submitted by CONTRACTOR prior to Notice of Award. • Any modification, including Change Orders and Field Orders, duly delivered after execution of Agreement. • Call for Bids, Instructions to Bidders, Bid Forms, Payment and Performance Bonds, and Application for Payment. There are no contract documents other than those listed above in this Article 8. The contract documents may only be altered, amended, or replaced by a modification (as defined in Section 1 of the general conditions). City of Okeechobee Public Works Department Project No. PW 02-00-12-20 29 ARTICLE 9. GENERAL PROVISIONS 9.1 Compliance with Laws The Contractor, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws, regulations, and requirements relating to the performance of this Contract. 92 Applicable Laws and Venue The laws of the State of Florida shall govern all aspects of this Contract. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 9.3 Indemnification. Contractor shall defend, indemnify and hold harmless the CITY and all of the CITY's officers, agents, and employees from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing), of Contractor, its officers, agents or employees in performance or non-performance of its obligations under the Agreement. Contractor recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the CITY when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the CITY in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. This clause shall survive the termination of this Agreement. Compliance with any insurance requirements required elsewhere within this Agreement shall not relieve Contractor of its liability and obligation to defend, hold harmless and indemnify the CITY as set forth in this article of the Agreement. Nothing herein, shall be construed to extend the CITY's liability beyond that provided in Section 768.28, Florida Statutes. 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. �.4 Waiver of Jury Trial Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to this Contract and the transactions it contemplates. This waiver applies to an action or legal proceeding, whether sounding in contract, tort or otherwise. City of Okeechobee Public Works Department Project No. PW 02-00-12-20 � 9.5 No Discrimination Contractor and its agents will not discriminate against any person on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this Contract. 9.6 No Lobbying Pursuant to Chapter 216.347, F.S., the Contractor is prohibited from the expenditure of any funds under this Contract to lobby the Legislature, the judicial branch or another state agency. 9.7 E-Verify CONTRACTOR has verified that its employees are authorized to work in the U.S. and certifies that a good faith effort has been made to properly identify employees by timely reviewing and completing appropriate documentation, including but not limited to the Department of Homeland Security, U.S. Citizenship, and Immigration Services Form I-9. Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E-Verify website: www.uscis.gov/e-verify. CONTRACTOR shall expressly require any subcontractors performing work or providing services pursuant to this 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. 9.8 Contractor's Duties Regarding Public Records A. Compliance with Florida Laws Contractor must provide public access to all records concerning this Contract according to applicable Florida laws including Chapter 119, Florida Statutes. If Contractor asserts any exemptions to Florida's public records laws, Contractor has the burden of establishing and defending the exemption. Contractor's failure to comply with this section is a breach of this Contract. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter-office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the CONTRACTOR to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER: (863) 763-3372, EXT. 9814, EMAIL ADDRESS: LGAMIOTEA@CITYOFOKEECHOBEE.COM, AND MAILING ADDRESS: 55 SE THIRD AVE, OKEECHOBEE FL, 34974. City of Okeechobee Public Works Department Project No. PW 02-00-12-20 31 .. s � 9.11 9.12 9.13 9.14 9.15 9.16 No Third-Party Beneficiaries This Contract is solely for the benefit of the Contractor and the City. No person or entity other than the Contractor or the CITY shall have any rights or privileges under this Contract in any capacity whatsoever, either as third-party beneficiary or otherwise. Assignment Contractor shall not assign, delegate, sublease or otherwise transfer any portion of its rights and obligations as set forth in this Contract without prior written consent of the City. Any attempted assignment in violation of this provision shall be void. Waiver No waiver of any term of this Contract constitutes a waiver of any other provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver. No waiver is binding unless signed in writing by the waiving party. Severability If any term of this Contract is for any reason invalid or unenforceable, the rest of the Contract remains fully valid and enforceable. Entire Contract This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreement, representations, and undertaking. No supplement, modification, or amendment of this agreement will be binding unless it is in writing and signed by both parties. Interpretation Unless the context requires otherwise: The term "including" contemplates "including but not limited to." Survival All provisions of this Contract which by their terms bind either party after the expiration or termination of this Contract shall survive the expiration or termination of this Contract. Force Majeure Notwithstanding any provisions of this Contract to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Contractthatarises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance or as a result of such circumstances, but this Contract shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Contract specifies that performance by the Contractor is specifically required during the occurrence of any of the events herein mentioned. 9.17 Inspector General Cooperation Contractor understands and agrees that it will comply with Section 20.055(5), Florida Statutes which provides, "It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section." City of Okeechobee Public Works Department Project No. PW 02-00-12-20 32 9.18 Public Entity Crime As required by Florida Statute 287.133(3)(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 Cateqory 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. 9.19 State Funded Granf Agreement The Contractor, its employees, subcontractors or assigns, shall comply with all terms and conditions of the State Funded Grant Agreement for the project. (Attachment I) City of Okeechobee Public Works Department Project No. PW 02-00-12-20 33 ARTICLE 10. PUNCHLIST PROCEDURES Further to Florida Statutes §218.735(7)(a)(I), Punchlist procedures to render the work complete, satisfactory and acceptable are established as follows: 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.9 Within five (5) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a walkthrough with CITY ("Initial Walkthrough" a/k/a "IW"). The purpose of the IW is to develop a preliminary checklist ("Checklist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR and CITY during the IW. The IW is to occur within ten (10) days of Substantial Completion of the work as defined by the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, CITY may conduct the IW with its Field Inspector. CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Checklist either during the IW itself, or thereafter for a period of fifteen (15) days from the date of the IW. No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall again initiate and request a second walkthrough of the Project with the CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the IW Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR'S performance of completion of items contained on the IW Checklist) and for the purpose of developing a joint Final Punchlist. The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than five (5) days from the date of reaching Substantial Completion of the construction services purchase as defined in the Contract. In no event may the CONTRACTOR request payment of final retainage under Florida Statutes §218.735(7)(d) until the CONTRACTOR considers the Final Punch list to be one hundred percent (100%) complete. CONTRACTOR agrees to complete the Final Punchlist items within fifteen (15) days of the date of its issuance by the CITY. CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as (a) the Final Punch list is one hundred percent (100%) complete, and (b) the CITY has been able to operate or utilize the affected Punchlist item for an additional period of fifteen (15) days. CONTRACTOR acknowledges and agrees that the CITY may, at its option, during performance of the work and prior to Substantial Completion, issue lists of identified non-conforming or corrective work for the CONTRACTOR to address. The intent of any such the CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by the CITY during performance of the Work. City of Okeechobee Public Works Department Project No. PW 02-00-12-20 34 10.10 CONTRACTOR acknowledges and agrees that in calculating one hundred fifty percent (150%) of the amount which may be withheld by the CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(d), the CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the schedule of value associated with such Work activity, but rather total costs are based upon the value (i.e. cost) of completing such work activity based upon market conditions at the time of Final Punchlist completion. IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At least one counterpart each has been delivered to the CITY and CONTRACTOR. All portions of the contract documents have been signed or identified by CITY and CONTRACTOR or by Public Works Director on their behalf. This Agreement will be effective on U� ��►-d � CITY By: �� ��� __ D�owling R. Watford; Jr� ayor ` , Attest: � ^ ( "' Lane, Gamiote , CMC, CITY Clerk Addresses for giving notices: CITY CONTRACTOR �P �� %I �� �'I � • By: ���--, ►vame: �i1i c�►��le� � ,�0'l111�1� Title: Attesl Title: Corporate Seal CONTRACTOR City of Okeechobee 55 SE 3�d Avenue Okeechobee, FL 34974 ,_ E' S� -�L ( .��J�'.�r�/,� , U �°. � s�'�" �' -� �'���-rC�i t�, '-°-T� . �k��' ' ' � it��'%<� i Florida State Contractors License No Approved as -f rm and le lity for the use and reliance of the City of Okeechobee only. 4 John J. umero, Attorney City of Okeechobee Public Works Department Project No. PW 02-00-12-20 35 � ^`� ��=�� NOTICE TO PROCEED PW 02-00-12-20 FDEP AGREEMENT N0. LP47020 Date: February 12, 2021 To: B&B Site Development, Inc. Contractor. SUBJECT PROJECT: PW 02-00-12-20 City of Okeechobee Taylor Creek Southeast 8th Avenue Stormwater Conveyance You are hereby notified to proceed with the Work on the subject Project on or after, February 12, 2021 and to complete the same within 60 calendar days. The completion date for the Work shall be: April 13, 2021. OWNER: BY: � � CITY OF OKEECHOBEE 55 SE THIRD AVENUE avid Ilen OKEECHOBEE, FL 34974 Public Works Director CONTRACTOR'S ACKNOWLEDGMENT OF RECEIPT OF NOTICE • -� •- � � - �� �,�� , �� 11�. �� + � � .. � ,,.. � . - r , � � � - � �3 _ ,a �i�� "Ti � - � . . r`��%'i����i� �� � �� � �.�%� � + ��L ���[I1: - � . EXHIBIT A PW 02-00-12-20 CONSTRUCTION PLANS AND GOVERNING SPECIFICATIONS City of Okeechobee Public Works Department Project No. PW 02-00-12-20 36 CONSTRUCTION PLANS AND SPECIFICATIONS FOR SE 8TH STREET DRAINAGE IMPROVEMENTS SECTION 22, TOWNSHIP 37S, RANGE 35E OKEECHOBEE COUNTY, FLORIDA SITE DATA: 1. PR0.IECT NAME: SE 6TH SiREEf. OKEECHOBEE FL 2. COMMISSION: MAYOR - DOW�ING R. WATFORD �R. COUNCILMEUBER - ROBE0.T JARIEL COIINCILAIEMBER - ROBERT KEEFE COUNCIUJEMBER - MONICA CIMK COUNCILMEMBER - WES ABNEY CIIY ApNINI5iRl1TOR - MPRCOS MONTE$ DE OCN 3. OVERRLL PRQIECT AREp: 0.5 ACRES wc., ��..� OE uy evcx �ACINitt IAAP SHEETINDEX SHEETNUMBER SHEETTITLE/DESCRIPTION � COVEf354EET 2 PnVINGANDGRAOINGSHEET 3 OENOLITION AND STRIPING SHEET S iYPICALSECfIONDETAILSHEET 5 STRUCTURE DETAIL SHEET 5 DETAIL S4EET � SPECIFICATIONSSHEET NOTE. CO\TRACTOR i0 COORDINATE AND SUBMIT Iv1AINTENANCE OF iftAFFIC T0 CITY PRIOR TO':IORK CO`.".�; ENCI+IG i 11YIt�.Ut.l OF a8 MOJRS NOTICE REQUIRED BEFOR`c START OF 41�OnK NO?ICE i p BE GIV�N i0 CITY �UlSLIC Vi'CRKS OEP�RTh1EN1 �, VERIFVSCALES NnawwhafabB�OW. Calleeror.yo�ma .,,�. [��� !SS]LI �. .` j PAVING GRADING AND DRAINAGE PLAN VIEW —. 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' � " �� B .�oe ,1 t g". t� ; g��Q�$ �� �� i,;� e�d s� ��� p� �� � �• g�i� ;�e �� i�°s; ��ag�� , �� j" y� � �� ��s� ��' �1( �;°� p����� ! ��� � �Y � � ���� �9� 6�� �! � �(�� ! �q� � g� � ..i 0 !a� ��� �e. 9Y� �� � a e' pQ ' sg°�9� Q� ��� �p�� �' sg �� � 16 9 e� �� �iql �s �" ��� �� �� ." ����i ��� � A qg ��gi¢y@� �. _ , . 9 � e@69e �.. � ,� / tl ��(��� .,���, 9 � 3 �d���� pe �� ��� :��;�� de � s �� :� � �� ��e ���� e �� � e�■ ' �� °1 � e � Sj�� � � ��@ r� ��r� � �� �`i qp! ���� � �� g�5 i�� g��� � �i p�� 9 ; Y��S� E� �� 0�9 °�� @ !t . i �i��� � . ��� �i a� 8e •• ;� §� � � Q � �'4r� i� �;�6 E��! t��� � I�ag, a���� ��F����g AB i�6 r ��x � ��e! 6 9 J e � ����p Y��iy��! g° j�i �j°� iy '��e �eO � S�� �3 �i � � �� ! �e i��€� ��� ��` e r°� � ���� �� e��� Q�O��� �y��°��� e d�'e �� 5 �Q 9 e �� � ���qp '� �YR� e � e I@ee��� �9�� �� � jele � i'p� t8 1�p � j�p��eh ����� � �� � �Q y� �g°fi� °�y� 4�ae��� �� {� � �a f$� � ��s�� ������ e� �� �� E� � ����� � < � wW m �� =N �� WN �� wz �a y0 a �< 4 3 i., U o� � �� zW a� UN 0 � � �� ��� ti� � _� °s� �� t3 S�� t�. 1Ze v�e. f �� r�e n�F � I n�, EXHIBIT B BID UNIT PRICE SCHEDULE PW 02-00-12-20 CITY OF OKEECHOBEE TAYLOR CREEK SE 8th AVENUE STORMWATER CONVEYANCE ITEM DESCRIPTION UNIT ESTIMATED NO. MEASURE QUANTITY MOBILIZATION / 1 DEMOBILIZATION, PRE- LUMP SUM 1 CONSTRUCTION VIDEO PER CONSTRUCTION 2 TURBIDITY CONTROLS LUMP SUM PLANSAND , SPECIFICATIONS PIPING MATERIALS AND PERCONSTRUCTION 3 INLETS (EXCLUDING LUMP SUM PLANSAND j� SEPORATOR SPECIFICATIONS lU 4 DRAINAGE SEPORATOR LUMP SUM 1 5 MAINTENANCE OF TRAFFIC LUMP SUM 1 6 CONCRETE SIDEWALKS, PERCONSTRUCTION CURBING AND DRIVEWAYS LUMP SUM PLANSAND SPECIFICATIONS SUBBASE/BASE MATERIAL PERCONSTRUCTION 7 PLACEMENT INCLUDING LUMP SUM PLANSAND COMPACTION SPECIFICATIONS �j 8 ROADWAY PAVING LUMP SUM PER PLANSANDTION SPECIFICATIONS 9 ROADWAY MARKINGS, PERCONSTRUCTION STRIPING AND SIGNAGE LUMP SUM PLANSAND �, SPECIFICATIONS . 10 PROJECT STABILIZATION AND CLEANUP LUMP SUM 1 � 11 CONSTRUCTION LUMP SUM 1 L LAYOUT/RECORD DRAWINGS UNIT AMOUNT PRICE � q �00.` p0 .� "r.1�� �_��5� ,ab3:� �4 TOTAL BID AM� UN on Bid Unit Prices & Estimated Quantities) ��4. �� City of Okeechobee Public Works Department Project No. PW 02-00-12-20 44 Bidders Company Name �-4-,� .1 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 Okeechobe� with a P�yment and Performance Bond in 100 percent (100%) of the total estimated amount of t e�i'n``f`r�a . 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. : .. - ��. � � ��_� li�/��/� . •. ; �' � ' - - -' ��' � A�:!/L�i • .; � Date: � "-' ��- (�� � � �� il .I� '� !,1 � ' � 1 !U, � ,, � i i � . � i ,� I � � I f/ �/ - -. , - Mailing Address: c Office Number: City of Okeechobee Public Works Department iy- Project No. PW 02-00-12-20 45 SECTION VIII PW 02-00-12-20 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(3)(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 Cateqory 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 02-00-12-20 46 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 Attachment 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 H. 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 02-00-12-20 47 � ATTACHMENT A PW 02-00-12-20 NO LOBBYING AFFIDAVIT STATE OF FLO IDA COUNTY OF This �day of � i�, 2Cbi� , 1 1�l.�Yl���e �.I�AU�� )being first duly sworn, de oses and says that he/she is the aut orized representative of � (Name of Contractor, Firm or Individual) respondent to the attached re uest 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. � Affiant The foregoing instrument was acknowledged before me by means of B'physical presence or ❑ online notarization, this 1�� day of �A�uA , 20 dl , by M.�he. qryvho is �e7- a y cnow to me or produced as identi ication. �� l�_�� O �� 1� Q � � 1�(t.i] Notary F' ly�,,�jg s� �r Pubtic state ot �,;d, Commi I �� Traci S�yen �i " a w� ExWros 1Q119l2pyq City of Okeechobee Public Works Department Project No. PW 02-00-12-20 48 ATTACHMENT B PW 02-00-12-20 ANTI-COLLUSION STATEMENT AND NO GIFT STATEMENT Date: � ' 0 � --a oa� 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 � �/, � � � ,� �� Project No. PW 02-00-12-20 49 � , , , ` � •.. .... �,� . �l � �, , ATTACHMENT C PW 02-00-12-20 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 #� Date: ��? a?0.,�-1 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. t 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. ��`iP� ����e.�i P�1PIoQm�.�}�-��x1e �'��.'-��-�D.� ��h R��1-F�lJ2 Name of Business Mailina Address /1. .... �_ .� � I ��l' .. � 'I : � I��'' '.� . �� I , ` • -• • , V � - � ' I_� �� :�._ . u�:,L : .-. 0 elephone Number/Fax Number `..:. � � � ! ���� • /�r �!" u� � - �.. - - 7i STATE OF FLO DA COUNTY OF The foregoing instrument was acknowledged before me by means of C�,�iysical presence or I I online not ' tion, this � day of �,pu�, 20�, by � , who i ersonally know o me or produced . as id ntification. o � �Y[lZ� � 11 1 Notary Public Siqnature Commis i �v '� —NotayPuabc�tete-eff�ora Traci SuUiven +�� � My Cort�miasior� HH 013888 ��a Expiree 10/18�2024 City of Okeechobee Public Works Department Project No. PW 02-00-12-20 50 ATTACHMENT D PW 02-00-12-20 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: Individual's name and title) for: . -�-. �0 � iD �(1LL7'1o�1 �- . J (print name of entity submitfing sworn statement) whose business address is 15U`_'� (" _ �OtL� Y C �L�P. � ,"�"f�%� and (if applicable) its Federal Employer ldentification Number (FEIN) is: �Q �� vOi� P�� (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: - - .) 2. I understand that a"public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any Bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control 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 02-00-12-20 51 5. I understand that a"person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into 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 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHAN E IN THE INFORMATION CONTAINED IN THIS FORM. C Signafure STATE OF FLORIDA COUNTY OF ����"j(�.�, The foregoing instrument was acknowledged before me by means of �hysical presence or ❑ online notar' ion, this � day of , 20�, by �. , who is rsonally known to me or produced � as id ntification. �n �� ,��l�l�n Notary Public Signature Com m i i�t'�`� NO�'�a�s,. �esc�m �� �c � My Commiseion HH 013988 a Ezpires 10119I20Y4 City of Okeechobee Public Works Department Project No. PW 02-00-12-20 52 ATTACHMENT E PW 02-00-12-20 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 • � Name(s) Position(s) :• � ��, 1.��' 1 � By (Prir By (Sig Title: Addres: Phone Number: �� � � �p �j —�p� � City of Okeechobee Public Works Department Project No. PW 02-00-12-20 53 ATTACHMENT F PW 02-00-12-20 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 ("INA")). 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. � � , I ,I,�'..i ��'1. •1 � � / , �! ;�, . . �L / ,/ � • � ' A. ' ! � ���� �. - STATE OF FLORIDA COUNTY OF g��_ The foregoing instrument was acknowledged before me by means of �ysical presence or I. online notarization, this �� day of , 20�, by �, who i sonally know o me or produced as id ntification. o p p � ti r ,l � �1 �,Q � L1�QIL Notary Public Signature Com �'�oT�sc��F� +� � MY Ca�u►uesion HH 013968 oia Expres 1N19/2024 City of Okeechobee Public Works Department Project No. PW 02-00-12-20 54 ATTACHMENT G PW 02-00-12-20 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. 5 L•� 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. 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. Signature: Company: , ���� ��c Y)J !1�/L/ _1�L . Address: � J �C.. ���y�' } �C�� �� �ecJ-��-�e . � _ ��� City of Okeechobee Public Works Department Date: � " � ����� Name: ��� ���-- E �d�a� �1 l� Title ��� 1(,�1P1L�" Phone Number: � ����—(UOJ J Project No. PW 02-00-12-20 55 ATTACHMENT H CITY OF OKEECHOBEE CITY OF OKEECHOBEE TAYLOR CREEK SE 8t'' AVENUE STORMWATER CONVEYANCE PW 02-00-12-20 Client Name: �.��i0�- Client Phone Number: �-- �lp�j— ������ Client E-mail: _(�n��.pT�� ��Q� � n Service Dates: Beginning U� Q ��j End o(i��l ,n � Estimated Annual Contract Amount: �, ��� _(��[� �� Description of the services performed as they directly relate to the work of this Request for Bid: ����� �.� e. � • �l►. � � R ' � � ' • 0 �� r����: ■ � � 1_�..1� � City of Okeechobee Public Works Department ► , Project No. PW 02-00-12-20 56 REFERENCE FORM �On�� ' ATTACHMENT H CITY OF OKEECHOBEE CITY OF OKEECHOBEE TAYLOR CREEK SE 8th AVENUE STORMWATER CONVEYANCE PW 02-00-12-20 Client Name: REFERENCE FORM �n n�� : \L Im Client Phone Number: _� � � �g � " � � � — � ��O Client E-mail: �I e� � ��-t UQ.Q(�rj ������.�X,�, ( (t � Service Dates: Beginning p2 Q�� End ^� Estimated Annual Contract Amount: _��� �Q Description of the services performed as they directly relate to the work of this Request for Bid: _ � City of Okeechobee Public Works Department Project No. PW 02-00-12-20 56 ATTACHMENT H CITY OF OKEECHOBEE CITY OF OKEECHOBEE TAYLOR CREEK SE 8th AVENUE STORMWATER CONVEYANCE PW 02-00-12-20 REFERENCE FORM Client Name: ' �� �' c' ��,tl►_��_:' Client Phone Number: _ n(�`1j — oC�'7 �`�C�� Client E-mail: Service Dates: Beginning _ �Qf � End � Estimated Annual Contract Amount: � Description of the services perFormed as they directly relate to the work of this Request for Bid: � _, _ . City of Okeechobee Public Works Department Project No. PW 02-00-12-20 56 B&B Site Development, Inc. 1505 C South Parrott Avenue Okeechobee, F1.34974 Ph: 863-763-6053 Email:bbsitedevelopmentinc@gmail.com January 13, 2021 City of Okeechobee B .._ B SITE DEVElOPMENT, INC. 15�5-c S Parratt �resre - areed�ee. Ft 863-163-6053 h6slblereirpe��tinc�N�aileem Job: City of Okeechobee Taylor Creek SE 8t'' Avenue Stormwater Conveyance BID NO. PW02-00-12-20 B&B's Experience Asphalt Storm Water Improvement Projects performed in the last 3 years 1. Centennial Park for the City of Okeechobee: Work for — Seminole Design Build 2. River Lake Estates for the County of Okeechobee: Work for — Seminole Design Build 3. Knots Landing Brighton Reservation for STOF: Work for — Seminole Design Build 4. PATCDL (New Property Appraisers office For Okee County: Work for — Native American 5. Kingsgate Center "WAWA" Ft. Pierce: Work For Mason Development and Construction 6. Micco Bluff CR68 For Okeechobee County: Work for C.W. Roberts Construction 7. Cemetery Road Improvements For Okeechobee County: Work for Seminole Design Build Respectfully submitted, � � �� Michelle H. Baughman President ATTACHMENTI CITY OF OKEECHOBEE CITY OF OKEECHOBEE TAYLOR CREEK SE 8t" AVENUE STORMWATER CONVEYANCE PW 02-00-12-20 City of Okeechobee Public Works Department Project No. PW 02-00-12-20 57 .a�' �ePart�e ; ' � °,� � �� � -�� �,!„ :.�e � ,.,.�`��'�" o � � � •. �o '7 � ' ' e� oti �ehtal pt Septeinber 28, 2017 Florida Department of Environmental Protection Marjory Stoneman Dougias Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Mr. Marcos Montes De Oca City Administrator Gity of Okeechobee 55 Southeast Thircl Avenue Okeechobce, Flarida 34974 Re: LP'����a— Okeechobee City of Okeechobee Taylar Creek SE 8th Stonnwater Conveyance Dear Mr. Montes De Oea: Rick Scott Governor Carlos �opez-Cantera Lt. Governor Noah Valenstein Secreta ry We are pleased to provide financial assistance for your stonnwater improvement project. One fully executed grant agreement is enclosed. To draw money under the a��reement, please call Sandy Waters at (850) 245-2898 for assistance in cornpleting a disbursement request. We congratulate you and your staff on yaur efforts and are pleased that we can work with you on this project. Sincerely, , � ��...�.� ��--� � Angel Knecht, Program Adininistrator State Revolving Fund Management AK/sw Enclosure cc: Robin Brock — Okeechobee Honorable Dowling Watford — Okeecliobee Connie Vanassche — CAS Gavernmental Services STATE OF FLORIDA DF,PARTMLNT OE ENVIRONMENTAL PROTF,CTION Standard Grant A reement This Agreement is entered mto between the Parties named below�, pursuant to Section 215.971, Florida Statutes: 1. Project Titie (Project) Agreement Number City of Okcechobcc Taylor Creek SF. 8th Stormwatcr Conveyance j�Pt�7020 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Tlorid� 32399-3000 (Department) Grantee Name: City of Okeechobee Entity Type: Municipality Grantee Address: 55 SE Third Avenue, Okeechobee, Florida 34974 FE�� 59-6000393 (Grantee) 3. Agreement Begin Date: Date of Expiration: July 1, 2017 June 30, 2020 4. ProjectNumber: ProjectI.ocation(s):Laticude�[.ong�tud� 27°14�a1.90"N/80°49�20.98��W. (Ifdifjeren! fi•onr Agreemenf Nuntber) P;• ,; c.; �?escr�ni;�,,; i:ity wi➢l consiruc� storrn water drainage improvements 5. Total Amount of Funding: �undin Source? Award #s or Line Item A� 6Z1 State OFederal 1606A ❑ State ❑Federal ❑ State ❑Federal ❑ State ❑Federal Amount $209,036.00 6. Department's Grant Manager Name: Sandra Waters or successor Address: 3900 Commonwealth Boulevard 1'allahassee, FL 32399-3000 Rev. 5/25/17 Grantee's Grant Manager Name: Marcos Montes De Oca or successor Address:55 SE Third Avenue Okeechobee, Florida 34974 Phone: �g� 245-2898 Phone:(863) 763-9812 Email: Sandra.watcrs@dep.state.tl.us Email: mmontesdeoca(a�cityofokecchobee com 7. The Parties agree to comply with the terms and conditions of the followine attacl�ments and exh;h;rc wh;rh arP harrhv 8. The follo�ving information applies to Federal Grants only and is identified in accordance ���ith � CFR ?0(J.331(ajl 1): F�ederal Award [dentitication Number(s) (FAIN): Federal Award Date to De artment: Total Federal Funds Oblit�ated b this A�reement: Pederal Awardin A�enc �: Award R&D? ❑ Yes J\ A IN Wl'I'NESS WHEREOF, this Agrcement is bcing executcd b} the Partics and is effective on thc datc in the Agrcemcnt Begin Date above or thc last date signed beio���, whichever is latcr. �' City of Okecchobee GRANTEE Grantee Name ,- 7 � � � ; ,- ►�y � _.--_ '�- ,�-''v�✓'�= �% ��'j����� �futhort�ed Srg��atzrre) DaCe Signed Dowlin� R. �Vatford, Jr., Nlayor Print Naine and'Title of Person Sienin� l 0. State of Florida Department of F,nvironmental Protection DEPARTI�1EN`I' ; — - --- - -- _ — ------ — -- BY � �l �S �---- — --- Secretary or Dcsignee Date Signed Trina Vielhauer, Division Dircctor -- -------------- - —__....-------- --------- — --- — -------- — Print Name and Title of Person Signing � Additional signatures attached on separate page. Rev. >!2�/17 DWRA Additional Signatures � Sandra Waters, DEP Grant auager isa Mecca, DEP QC Reviewer STATE OF FLORIDA DEPARTNIENT OF ENVIRONMENTAL PROTECTION STANDAIiI) TERMS AND CONDITIONS APPLICABLF. TO GRANT AGREEMENTS AT'1'ACfIMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and attached hereto (Agreement), constitutcs the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any preprinted terms and conditions included on Grantee's forins or invoices shall be nutl and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions between the documents that make up the Agreement, the order of precedence for tlie documents is as fo(lows: i. Attachments other than Attachment 1, in numerical order as designated in ttie Standard Grant 4 greemPn? ;.. :itanda.� Cir�Le Agreeiner�� iii. Attachment l, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication benveen the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. c. If a different Grant Manager is designated by either party after exeeution of this Agceement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A cl�ange of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, througl� a fornial amendment or a change order, only by a writte� agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount; a change in the Grantee's match requirements; a change in the expiration date of the Agreement; and/or changes to the cumu(ative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. A change order to this Agreement may be used when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of fiinds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than ten percent (10%) of the total budget as last approved by the Department, or without limitation to cl�anges to approved fund transfers between budget categories for tl�e purchases of ineeting match requirements. This Agreement may be amended to provide for additionai services if additional funding is made available by the Legislature. e. All days in tliis Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin ancl end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shail be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless othcrwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or �sed for match purposes if permitted by the Special Terms and Conditions. 4. De(fverables. 1'he Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables sl�all be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to the Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by tl�e Standard Grant Agreement. Attachntent 1 1of12 Rev. 7/28/2017 5. Performance Measures. The Grantee warrants that: (1) tlie services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon tl�e intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply �vitli atiy security and safety reyuirecnents and processes, if provided by the Dep�rtment, for work done at the Project Location(s). The Departrnent reserves the rigl�t to investigate or inspect at any time wliether the services or qualifications offered by the Grantee meet the Agreement requirements. Notwithstanding any provisions to the contrary, written acceptance of a particular deliverable/minimum requirement does not foreclose the Department's remedies in the event those performance standards that cannot be readily measured at the time of delivery are not met. 6. Acceptance of Dcliverables. a. Acceptance I'rocess. All deliverables must be received and accepted in writing by the Department's Grant Manager before payment. The Grantee s(iall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at the Grantee's expense. If the Department's Grant Manager does not accept tlie deliverabies within 30 days of receipt, they will be deemed rejected. b. Reiection of De(iverahles. The Denartment reserves tl�e rielit tc� reiect deliverables, as outlined in the Grs�t 'work Pian; as mcomplete, inadequate. or unacceptabie due, tn whale or in part, t9 the Grantee's �a�:k o'.� satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at the Grantee's sole expense. The Grantee shall only invoice the Department for deliverables that are completed in accordance with the Grant Work Plan. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverabie will not be issued unless the rejected deliverable is made acceptable to the Department in accordance with the Agreement reyuirements. The Department, at its option, may allow additional time within which the Grantee may remedy the objections noted by the Department. The Grantee's failure to make adenuate or acceptable said deliverables after a reasonable opportunity to do so may constitute an event of default. 7. Financial Consequences for Nonperformance. a. WitlilioldinQ Pavment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. These consequences for nonperformance shall not be considered penalties. b. Corrective Action Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, the Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. The Department shall provide the Grantee with a written request for a CAP that specifies tl�e outstanding deficiencies. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP witl�in ten (10) calendar days of the date of the written request from the Department. The CAP shall be sent to the Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of tlie Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of tiiis Agreement for cause as authorized in this Agreement. ii. Upon tt�e Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, tl�e Department shall retain the rigiit to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by tlie Department or steps taken by the Grantee shali preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are conecked. Reports on the progress of the CAP wilt be made to the Department as requested by the Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of tlie Agreement. Attachment 1 2of12 Rev. 7/28/2017 8. Payment. a. Pavment Process. Subject to tlie terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures establislied by the Department, the Department agrees to pay the Grantee for services rendered in accardance with Section 215.422, Florida Statutes (F.S.). To obtain the applicable interest rate, please refer to: http://www. myfloridacfo.com/Division/A ANendorsldefau lt. htm. b. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. Tl�e Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with ttie Department. The Grantee shall not use the Department's exemption number in securing such materials. The Grantec shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Aereement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for tl�e completion of this Project are the responsibility of the Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs a7�n the comoletion. submittal. anu' aaproval af eacli deliverable identified in the Gran, W�rk Plar.. Retmbursement siiali be requesiea on F:xhibir If►, Payment Kequesi summary 1Form. To be eiigible for reimbursement, costs must be in compliance with laws, rules, and regulations applicabie to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at tlie following web address: littp://w�vw.mvfloridacfo.com/aadir/reference �*uicle/. e. Invoice Detail. All cl�arges for services rendered or for reimbursement of expenses authorized by the Department pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre-audit and post-audit to be performed. f. Interim Pavments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by tUe Department's Grant Manager. g. Final Pavment Request. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to tlie Grant Work Plan must be performed on or before the completion date of the Agreement. h. Annual Appro�riation Contingency. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annuai appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on tl�e prevailing rate used by the State Board of Administration. 9. Documentation Required for Cost Reimburscment Grant Agrecments and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for tlie following budget categories: a. Salarv/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on tlie Project in accordance witli Attachment 3, Grant Work Plan in their documentation for reimbursement or matcl� requirements. b. Overhead/IndirecdGeneral and Administrative Costs. If the Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department wittun thirty (30) calendar days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall ciearly identify the personnel involved, salary rate per hour, and hours spent on the Project. Ail eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines tl�at multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) ca(endar days of written notification. Interest shall be charged on Attachment i 3of12 Rev. 7/28/2017 the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing � 1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Ci�apter 69I-72, Florida Administrative Code (F.A.C.) andlor Chapter 69I-73, F.A.C., as applicable. The Grantee shali be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply witl� this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to the Department for fixed- price subcontracted activities sl�all be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar compctitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement metliods other than those identified above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed nrice ne�otiated hy the C;rantee. The letter of request shall he su�ported hy a detaile� buu�get and �cope oi �ervices to oe pertormed oy the siiocontractor. �pon receipi oi rhe lieFar�men� Uran� Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, the Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase F,quiPment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for ttte Grantee's direc[ purchase of equipment is subject to specific approval of the Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Property Reporting Form. f. RentallLease of F.quipment — Match or reimbursement requests for rentaUlease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documenta[ion supporting tl�ese expenses must Ue itemized and include copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorney's fees or court costs, civil or adminis[rative penalties, or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights tiuough ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, I,eases, Easements, License Agreements, or other legal instrumenC documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, the Grantee agrees that those funds shall not be used as match for any ott�er Agreement supported by State or Federal funds. 10. Status Iteports. The Grantee shall submit status reports quarterly, uttless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to the Department's Grant Manage►• describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) calendar days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the nuarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department wiil review the required reports submitted by the Grantee within thirty (30) days. Attachment 1 4of12 Rev. 7/28/2017 I1. Retainage. The following provisions apply if the Department withholds retainage under this Agreement: a. The Department reserves the right to establish tl�e amount and application of retainage on the work performed under this Agreement to a maximum percentage described in the Special Terms and Conditions. Retainage may be withheld from eacl� payment to Grantee pending satisFactory completion of work and approval of al( deliverables. b. The Department reserves the right to withliold payment of retainage for Grantee's failure to respond to or correct identified deficiencies �vithin the timeframe stipulated in tlie Grant VVork Plan. The Department shall provide written notification to Grantee of identified deficiencies and the llepartment's intent to withhold retainage. Grantee's failure to rectify Hie identified deficiency �vithin the timeframe stated in the Department's notice will result in forfeiture of retainage by Grantee. c. If Grantee fai(s to perform the requested work, or fails to perform tUe work in a satisfactory manner, Grantee shall forfeit its right to payment for the work and the retainage called for under the entire Grant Work Plan. Failure to perform includes, but is not limited to, failure to submit the required deliveraUles or failure to provide adequate documentation that tlie work was actually Qerformed. d. No retainage shall be released or paid for incomplete work while this Agreement is suspended. e. Except as otherwise provided ahove; Grantee sl�all be paid the retainage associated with the work, nrovided �rancee nas compieted the worx and suomits an invoice ?^I' C2i81P.3b@ I1C1C� ITl BCCQiQ2Ill:e WI.i: ?iie ,nvoicing procedures under this Agreement. 12. Insurance. a. Required Coveraee. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance poiicies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage dirough a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: i. Commercial General I,iabilitv Insurance. The Grantee shall provide adequate commercial genera( liability insurance coverage and hold such liability insurance at all times during the Agrecment. The Department of Environmental Protection, its employees, and officers sl�all be named as an additional insured on any general liability policies. The minimum limits shall be $200,000 eacl� individual's claim and $300,000 each occurrence. ii. Workers' Compensation and Employer's Liabilitv Covera�e. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies st�aii cover all employees engaged in any work under the Agreement. iii. Commercial Automobile Insurance. If the Grantee's dutics include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provicte coverage on an occurrence basis. The Department of Environmental Protection, its employees, and officers shatl be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company- Owned Vehicles, if applicable $300,000 Hired and Non-owned Automobile Liability Coverage iv. Other Insurance. Additional insurance may be required by federal law, where applicable, if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbor Worker's, or tl�e inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions conceming required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dll�wc/lscontac.l�tm) or to tl�e parties' insurance carrier. b. Insurance Reauirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as Attactiment 1 Sofl2 Rev. 7/28/2017 described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance witli the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. c. Exceptions to Additional Insured Requireinents. If the Grantee's insurance is provided through an insurance h-ust, the Grantee shall instead add the Dcpartment of Environmentai Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Furtl�er, notwithstan�ling the requirements above, if Grantee is self-insured, then the Department of Environmental Protection, its employees, and officers do not need to be listed as aciditional insureds. d. Deductibles. The Department shali be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. e. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from the Department, the Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-insured authorization, or other certification of self-insucance. f. Failure to Maintain �bvera�e. In the event that anv apvlicable coverage is cancelled b}� ihe i�su:er f^r ar.y reason, �iie iirantee si�aii �mmediateiy notiiy fne L'epattmen[ or sucn canceilai�on and shall ooiai�� ade�ivate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) calendar days after the canceliation of coverage. 13. Termination. a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30 days' written notice to the Grantee, when the Department determines, in its sole discretion, that it is in the State's interest to do so. Tlie Department shall notify the Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee sl�all not fumish any service or deliverable after it receives the notice of termination, unless otherwise instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits. If tl�e Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described below occur or in tl�e event that the Grantee fails to fulfill any of its other obligations under this Agreement. The Grantee shall continue work on any portion of the Agreement not terminated. If, after termination, it is determined that the Grantee was not in default, or that the default was excusable, the rights and obligations of the parties sl�all be the same as if the termivation had been issued for the convenience of the Department. Tl�e rights and remedies of the Department in tl�is clause are in addition to any other rigl�ts and remedies provided by law or under this Agreement. c. Grantee Oblieations upon Notice of Termination. After receipt of a notice of termination or partial termination, and except as otlierwise directed by the Department, the Grantee shall stop performing services on the date, and to the extent specified, in the natice. 14. Noticc of Default. If the Grantee defaults in the performance of any covenant or obligation contained in the Agreeinent, including, without limitation, any of the events of default listed below, the Dcpartment shall provide notice to the Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the faiture. The notice will also provide that, should the Grantee fail to perform within the time provided, the Grantee will be found in default, and the Department may tenninate the Agreement effective as of the date of receipt of the default notice. 15. F.vents of Default. Provided such failure is not the fault of the Department or outside the reasonable control of the Grantee, the following non-exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by the Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the perforn�ance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, tnade by the Grantee in this Agreement or in its application for funding. Attachment 1 6of12 Rev. 7/28/2017 c. Failure to submit any of the reports required by tlus Agreement or having submitted any report with incorrect, incomplete, or insufficient information. d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make payment to any other entities as required l�erein in connection �vith the Agreement; g. F.mployment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; and i. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the specified 30-day period, the Grantee (including its receiver or trustee in bankruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by the Grantee of a general assignment for the benefit of creditors; iii. The anpointment of a general receiver or trustee in bankruptcy of the Grantee's bvs;ness o, p:onerty; ar�iL`� �x iv. An action by the Grantee under any state insolvency or similar Law for tlie purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under tlie Agreement, at any time, when it is in the best interesf of the State to do so. The Department shall provide the Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Grantee shall comply with tl�e notice. Within 90 days, or any longer period agreed to by tl�e parties, the Department shall either: (1) issue a notice authorizing resumption of work, at which tiri�e activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shali be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shail not entitle the Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause whoily beyond the Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to tlie Grantee. In case of any delay the Grantee believes is excusable, the Grantee shail notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause tliat creates or will create the delay ficst arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, witlun five days after tlie date the Grantee first had reason to believe that a delay could result. TFIE FOR.EGOING SIiALL CONSTITUT� TII� GRANTF.E'S SOLF, RP',MEDY OR EXCUSE WITI3 RESPECT TO llELAY. Providing notice in strict accordance with tlus paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Department. The Grantee shall not be entitled to an inerease in the Agreement price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or ineffieiency, arising because of delay, disruption, interFerenee, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Grantee shall perform at no increased cost, unless tiie Department determines, in its sole discretion, that tl�e delay will significantly impair the value of the Agreement to the Department, in which case the Department may (1) accept allocated performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with oti�er sources (witl�out recourse to and by the Grantee for the related costs and expenses) to reptace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) tenninate the Agreement in whole or in part. Attachment 1 7of12 Rev. 7/28/2017 18. Indemnification. a. Thc Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indeinnify, defenci, and hold harm(ess the Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personai tangible property a(leged to be caused in whole or in part by Grantee, its agents, employees, partners, or subconh•actors; provided, however, tliat the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Departmenr ii. the Grantee's breach of this Agreement or tf�e negligent acts or omissions of the Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal aetion are contingent upon the Department giving the Grantee (1) written notice of any action or threatened action; (2) tl�c opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shail not be liable for any cost, expense, or comproinise incurred or made by tlie Department in any legal action without the Grantee's prior written consent, whicti shall not be unreasonably withheld. c. Notwithstanding sections a. — b. above, the following is tlie sole indemnification provision that applies to Grantees tl�st are �overr.:c:eaiai er.±itiPs: Ea�h party hereto agr�es tha± it shall be solelv respansible for the r_eQ!i�ent or wrongzui ac.s or its emptoyees and agents. tiowever, notning containea herein shali constiiut2 a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require the Department to hold harmless or indemnify the Grantee, insure or assume liability for the Grantee's negligence, waive the Department's sovereign immunity under the laws of Florida, or otherwise impose liability on the Department for wliich it would not otherwise be responsible. Any provisio�, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Notl�ing in this Agreement shall be construed to make the Grantee liable for force majeure events. Nothing in tl�is Agreement, including financial consequences for nonperformance, shall limit the Department's right to pursue its remedies for other types of da►nages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it at law or in equity and upon notice to the Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by the llepartment to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or tl�e discriminatory vendor list: i. Public Entity Crime. A person or affiliate wl�o has been placed on the convicted vendor list foliowing a conviction for a public entity cri►ne may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, 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, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Attachment 1 8of12 Rev. 7/28/2017 ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract witl� a public entity for tlie construction or repair of a public buildine or public work; may not submit bids, proposals, or replics on leases of real property to a public entity; may not be a�varciecl or perform �vork as a contractor, supplier, subcontractor, or consultant under a contract with aiiy public entity; and may not transact business witli any public entity. iii. Notification. The Grantee shall notify the Department if it or any of its suppliers, subcontractors, or consultants have been �laced on the convicted vendor list or the discriminatory vendor list during tlie life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliancc �vith rederal, Statc and Local I.aws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, (icenses, and registration requirements. The Grantee shall include tl�is provision in all subcont�acts issued as a resul� of this Aoreemer-t c. Ive person, �n tne groun�s oi race, creed, coior, reiig�on, na�ionai origin, age, gendsr, or disaoiiity, siiaii be excluded from participation in; be denied the proceeds or benefits of; or be otlierwise subjected to discrimination in performance of this Agreement. c. T'his Agreement shall be governed by and conshued in accordance witli the laws of tlie State of Florida. d. Any dispute concerning performance of the Agreemcnt shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement wili be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otl�erwise provided by taw, the parties agree to be responsible for tl�eir own attorney fees incurred in connection with disputes arising under the tcrms of tl�is Agreement. 24. Scrutinized Companies. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub-agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grintee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to autliorize these contracting prohibitions then they shalt become inoperative. 25. Lobbying and lntegrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of IobUying the I.egislature or a State agency pursuant to Section 216347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between the Grantee and the State, the Grantee may lobby the executive or legislative branch conceming the scope of services, performance, term, or compensation regarding that agreement. Tl�e Grantee sliall comply with Sections 1 1.0G2 and 21 E,347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States general(y acceptcd accounting principles (US CiAAP) consistently applied. The Department, tlie State, or their authorized representatives sf�all have access to such records for audit purposes during the term of tl�is Agreement and for five (5) years following tlie completion date or terinination of the Agreement. In the event that any work is subcontracted, the Grantee s}iall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of the Department's Inspector Cieneral, or other authorized State official, the Grantee shall provide any type of information tl�e Inspector General deems relevant to the Grantee's intcgrity or responsibility. Such information may include, but shall not bc limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee shall retain such records for the longer of• (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: littp://dos.mvflorida.con�/librarv-archives/records-mana�=ement/��eneral-records-schedulesi). Attachment 1 9of12 Rev. 7/28/2017 . _ . :�, — _ ,. ,.: �.. a-.�.�.,.--, , _ . _ � 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Seetion 20.055(5), F.S., to cooperate with tl�e inspector general in any investigation, audit, inspection, review, or hearing. T'he Grantee will comply with this duty and ensure that its Subcontracts issued �nder this Agreement, if any, impose this requirement, in writing, on its sub-grantees. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business l�ours, inctuding by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soi(s, materials or paran�eters at any locatiot� reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attacliment 5. Snecial Audit Requirements. Each amendment that authorizes a funding increase ar decrease sl�all �ne�ude an updated �opy of Exi�ibi� 1, io [ittacl�ment �. ir the licpariment faiis to provide an updaied copy vi :Gxiiioit 1 to include in each amendment that authorizes a funding increase or decrease, the Grantee shall request one &om the Department's Grants Manager. The Grantee shall consider tl�e type of financial assistance (federal and/or state) identified in Attachment 5, Exl�ibit 1 and determine whetl�er the terms of Federal and/or Fiorida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of tliis Agreement. For federal fnancial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, ttie Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federai guidelines (including cost allocation guidelines). The Department ►nay also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). Thc Grantee must provide the additional proof within thirty (30) catendar days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from otlier agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If the Department finds tl�at these funds have been commingled, the Department shall have the right to demand a refund, eitiier in whole or in part, of the funds provided to the Grantee under this Agreement for non-compiiance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall bc calculated based on the prevailing rate used by the State Board of Administration. Interest sl�all be ca(culated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by tl�e Grantee to the Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under tiiis Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department. 28. Conflict of Interest. Tlie Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. Attachment 1 l0 of 12 Rev. 7/28/2017 29. Independent Contractor. Tl�e Grantee is an independent contractor and is not an employee or agent of the Department. 30. Subcontracting. a. Unless otherwise specified in the Specia( 'I'erms and Conditions, all services contracted for are to be performed solely by the Grintee and may not bc subcontracted or assigned without the prior written consent of the Department. b. Tl�e Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, cl�ange in security status, or non-comp(iance witl� an applicable Department policy or otiier requirement. c. The Department may, for cause, deny access to the Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve ti�e Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of ali monies due under any subcontract. The Department sl�all not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e The Denartment will not denp the Grantee's employees, subcont:actors. or a�ents access te meetings within tlie vepartm�nc's facliiiies, unless ine basis oi [he i�eparcmeni's deniai is saiery or securiry consideratioiis. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflcct the full diversity of the citizens of tl�e State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be Iiable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Grantee and the subcontractor(s), and without tlie fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for the Grantee to meet the required delivery schedule. 31. Guarantec of Parent Company. If Uie Grantee is a subsidiary of another corporation or other business entity, tlie Grantee asserts t1�1t its pai-ent company will guarantee all of the obligations of tlie Grantee for purposes of fulfilling the ob(igations of the Agrecment. In the event the Grantee is sold during the period the Agreement is in effect, tlie Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without linutation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Depart►nent shall not be deemed to assume any liability for the acts, failures to act or negligence of the Grantee, its agents, servants, and employees, nor shall the Grantee disclaim its own negligence to the Depactment or any third party. This A��eement does not and is not intended to confer any rights or remedies upon any person other than the parties. If tlie Department consents to a subcontract, the Grantee will specifically disclose that this Agreement does not create any third-party rights. Further, no third parties sl�all rely upon any of the rights and obligations created under this Agreement. 34. Sevcrability. If a court of competent jurisdiction deems any term or condition herein void or uncnforceable, the otl�cr provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Department and sl�all comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its riglits, duties, or obligations under tlie Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of the Dcpartment. In the event of any assignment, the Grantee remains secondarily liable for performance of the Agreement, unless the Department Attachment 1 11 of 12 Rev. 7/28/2017 expressly waives such secondary liability. The Department may assign the Agreement with prior �vritten notice to the Grantee of its intent to do so. 37. Prohibited Local Government Construction Preferences. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent (50%) or more of the cost will be paid from state-appropriatcd funds that have been appropriated at the time of the competitive solicitation, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation tl�at provides a preference based upon: i. The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior paytnent of local taxes, assessments, or duties witliin a particular local jurisdiction. For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school district, or other political subdivision of the state shali disclose in the solicitation document tliat any applicable local ordinance or regulation does not include any preference that is prohibited by this section. 38. Prohibited Governmental Actions for Public Works Projects. Pursuant to Section 255.0992, F.S., state and political subdivisions tl�at contract for public works projects are nrohibited from imoosine restrictive conditions on certain contractors, subcontractors, or materia? �uooliers and pronibi�ed from resnicting quaiiiied oidaers irom submitting �ids. a. "Poli[ical subdivision" means separate agency or unit of local government created or establisl�ed by law or ordinance and the officers thereof. TI�e tenn includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission, authority, school district, taxing district, water management district, board, public corporation, institution of higher education, or other pubiic agency or body thereof authorized to expend public funds for construction, maintenance, repair or improvement of public works. b. "Public works projecP' means an activity of which fifty percent (50%) or more of the cost will be paid from state- appropriated funds that were appropriated at the time of the competitive solicitation and whicli consists of construction, maintenance, repair, renovation, remodeling or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or otlier facility, project, or portion thereof that is owned in whole or in part by any political subdivision. c. Except as required by federal or state law, the state or political subdivision that contracts for a public works project may not require tl�at a contractor, subconlractor or material supplier or carrier engaged in such project: i. Pay employees a predetermined amount of wages or prescribe any wage rate; ii. Provide employees a specified type, amount, or rate of employee benefits; iii. Control, limit, or expand staffing; or iv. Recruit, train, or hire employees &om designated, restricted, or single source. d. For any competitive solicitation that meets the criteria of tUis section, the state or political subdivision that contracts for a public works project may not prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work who is qualified, licensed, or certified as required by state la�v to perform such work from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and Section 287.134, F.S. e. Contracts executed under Chapter 337, F.S. are exempt from these prohibitions. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or cl�ange orders related to the Agreement, may be executed in counterparts, each of wl�ich shall bc an original and all of which shali constitute the same instrument. In accordance with tlie Electronic Signature Act of 1996, electrouic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 7/28/2017 STATE OF FLORIDA DEPARTMENT OI' ENVIRONM�NTAL PROTECTION GRANT AGREEMENT SPI.CIAL TERb�IS AND CONDITIONS AGREEMENT # LP47020 ATT'ACHI4IENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall appty. 1. Scopc of Work. The Project fundcd under this Agreement is City of Okeechobee Taylor Creek SE 8th Stormwater Co�rveyance . The Project is defined in more detail in the Attachment 3, Grant Work Plan. 2. Duration. u. Reimbursement Perio:�. i ae reimbursemenc perioti ior fhis i�greement begins en Juiy i, 20i % anci enus at the expiraiior, o� ihe Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional servicc periods arc not authori•r.ed under this Agreement. 3. Payment Provisions. a. Comnensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicin�. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Costs Eligible for Reimbursement or Matcl�ing Requiretnents. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Cateeory ❑ ❑ Salaries/Wages Overhead/IndirecdGeneral and Administrative Costs: ❑ O a. Fringe Benefits, N/A. � � b. Indirect Costs, for actual costs not to exceed the budget amount identified in Attachment 3. � O Contractual (Subcontractors) ❑ ❑ Travel ❑ O Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Misceilaneous/Other Expenses ❑ ❑ Land Acquisition No F.quipment purchases shall be funded under this Agreemeni. There will be no Land Acquisitions funded under this Agreement. 5. Match Requirements. There is no match required on the part of the Grantce under this Agreement. 6. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. AttaChment 2, Agreement # LP47020 1 Of 2 Rev. 7/19/l7 7. Additional Lobbying Requirements for Federally-Funded Agrcemcnts This Agreement is not fe�lerally funded. 8. Misccllancous Contract Tcrms. a. Retainaee. No retainage is required under this Agreement. b. SubcontractinQ. Thc Grantee may subcontract work under this Agreement �vithout the prior written consent of the Grant Manager cxcept for certain fixed-price subcontraccs pursuant to this Agrcement, which requirc prior approval. The Grantee shall submit a copy of the eaccuted subcontract to the Department prior to submitting any invoices for subcontracted work. Regardiess of any subcontract, the Grantee is ultimately responsible for all work to be performed undcr this Agreement. c. State-owned land. The work will not be performed on State-owned land. d i�itice oi Yolicy and Buri c�poriiu� Additional Reauirements for Projects with Specific Line Item Appropriations. Thc Grantee will identify the expected retum on investment for this project and provide this information to the Governor's Office of Policy and Budget (OPB) within three months of execution of this Agrcement. For eac}i full calendar quarter thereafter, the Grantee will provide quarterly update reports dircctly to OPB, no later than 20 days after thc end of eaeh quarter, documenting the positive return on investment to the state that results from the Grantee's project and its use of funds providcd under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB tha[ no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi(iciaspbs.slate.fl.us, and a copy shall also be submitted to the Department at le�=islativeaffairs(a'�:dep.state.(l.us. Attachntent 2, Agreement # LP47020 2 of 2 Rev. 7/19/17 DF..PARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEM�NT NO. LP47020 ATTACHMENT3 PROJECT TITI,�: City of Okeechobee Taylor Creek SE 8tti Stormwater Conveyance PROJECT LOCATION: The Project will be located in the 400 Block of Southeast 8th Avenue, which is located within the City of Okeechobee in Okeechobee County, Florida. Latitude/Longitude 27° 14'21.90"N/ 80°49'20.98"W. PROJECT BACKGROUND: The City of Okeechobee (Grantee) identified and prioritized drainage infrastructure improvements within the City. Drainage improvements on Southeast 8th Avenue were identitied as one ef !h� toF ihree prioriti�s pyujr�•+s. Currently, this connection does not have any water quality treatment nor environmentally friendly coinponents and has direct drainage to T'aylor Creek, which is directly upstream of Lake Okeechobee. Increasing water quality in this area will be a direct improvement over the existing conditions and would achieve observable results. The expected benefit and positive return on investment received includes reduced pollution entering State's endangered waters, improved water quality and quantity treatment of surface water, protection of wildlife (i.e., manatees) and protection of public health. The Grant funds of $209,036 will address construction of the conveyance. The Grantee's investment will include preliminary engineering, final design, bidding, engineering during construction and construction observation with local funds in the amount of $31,200. The total project is estimated to cost $240,236. The City of Okeechobee is located in a Rural Area of Economic Opportunity is a fiscally disadvantaged community. PROJECT DI;SCRIPTION: The Grantee will construct water quality and baffle box drainage improvements on Southeast 8`h Avenue to replace a direct drainage connection to Taylor Creek. The project includes updating drainage along a residential roadway, that includes drainage piping, inlets, curbing, water quality baffle box, roadway repairs, earthwork of clearing and grubbing, seeding mulching, silt fencing and Manatee Grates. The Grantee does not anticipate that the funding under this agreement will result in a fully completed project, so this agreement will cover a portion of the work. TASKS and DEI,IVERABLES: Task #1: Construction Task Description: The Grantee will construct water quality and baffle box drainage improvements on Southeast 8th Avenue to replace a direct drainage connection to Taylor Creek that includes updating drainage along a residential roadway, inlets, curbing, roadway and piping in accordance with the construction contract documents. Construction involves roadway repairs that includes shelkock base, asphalt, grading and demolition; drainage work includes piping, curbing, water quality baffle box, control structures and manatee grates; earthwork includes clearing and grubbing, seeding mulching and silt fencing. Attaclunent 3, D�P Agreement No. LP47020, Page 1 of 2 _ __ ___ ., ,�..,,..,, ,m�.�,��.,....�,_,.m<.9.-..�.._,_ . _ _ . _.,:,�.,n�...��.,.,m„�,, .�.._ _.. .: _ ; .�._.:.. ..,_...,_....._--__ - - Deliverable 1: Construction completed to date as described in this task, as evidenced by these deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the constniction task, or of the portion of work completed when the funding supplied by this grant has been fully expended; 2) writteri verification that the Grantee has received record drawings and any required final inspection report(s) for the project (as applicable); 3) Contractor's Application and Certification for Payment, 4) signed acceptance of the completed work by the Grantee; and 5) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed (as applicable) in accordance with the construction contract documents, or indicating that construction completed by the end of the funding has been completed in accordance with the construction contract documents. Performance Standard: The Department's Grant Manager will review each submitted deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is ne+_na �eri��-mee in accardance wit(� the eTrantee's cons���ciio;� c�ntr.: t daca:r.er.t,.. Payment Request Schedule: Grantee may submit a payment request for cost reimbursement no more frequently than once per month. The outlined deliverables, as applicable, must have been submitted and accepted in writing by the Department's Grant Manager prior to payment request submittll. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task end date. Task Budget Budget Task Start Task End No Task Title Cate or Amount Date Date 1 Construction Contractual $209,036 7/1/2017 12/31/2019 Services Total: $209,036 Attachment 3, DEP Agreement No. LP47020, Page 2 of 2 DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement, the Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Grantee in conjunction with the Agreeinent (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow pS.1��iC acce�s i!? �U�13C �PCOT�s as req:�li�� ?�V �a�x�. t. Additional Public Records Duties of Section 119.0701, %'.5., If Applicable. For the purposes of this paragraph, the term "contracY' means the "Agreement." If the Grantee is a"contractor" as defined in section 119.0701(1)(a}, F.S., the following provisions apply: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request, provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to the Department. e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Recards required by the Department to perform the service. If the contractor transfers all Public Records to the Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt frorn Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically tnust be provided to the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR �iAS QUESTIONS REGARDING TIiE APPLICATION OF CHA.PTER 119, r.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE Attachment 4, DEP Agreement No. LP47020, Page 1 of 2 Rev. 5/26/ 17 � � CONTRACT', CONTACT THL llEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.serviccs(c�dcp.statc.fl.us Mailing Address: Department of Environmental Protection ATTI\T: Office of Ombudsman and Public Services PuUlic 12ecords Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4, DEP Agreement No. LP47020, Page 2 of 2 Rev. 5/26/ 17 ATTACHMENT 5 SPECIAL AUDIT' REQUIRI;MENTS The administration of resources awarded by the Department of Environmental Protection (tivhich may be referred to as the "Deparhnent", 'DEP", "FDLP" or "Grantor•'; o�• other name in the conh•act/ag�•een:ent) to the recipient (which n:ny be referred to as the "Contractor", G�•antee" or other name in the cvntracdagreement) may be subject to audits ancUor monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circufar A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of i�nvirona:�nta� Yr�tecton. la the �: e�►t the DepartmenY of Environmental Protection de±ermines tna: •^. ?:^:ired scope audit of tnc recipient is appropriate, the recipient agrees to comply with any additional mstructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if die recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200330 (for fiscal year start dates after December 26, 2014). In the event that the recipient expends $500,000 ($750,000 for fiscal ycar start dates after December 2b, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBTT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. ln determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal atvards expended should be in accordance with the guidclines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit musc be paid from recipient resources obtained from other than Federal entities). The recipienc may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfd3 aov Attachment 5, DEP Agreement No. LP47020, Page 1 of 5 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as dcfined by Section 215.97(2)(n), Florida Statutes. In the event that the recipient expends a total amount of state finaneial assistance equal to or in excess of 5750,000 in any fiscal year of sucti recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonpro6t and for-profit organirations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Depariment of Environmental Protection by this Agreement. In deterniining the state financial assistance expended in its fiscal ycar, thc recipicnt shall consider all sources of state financial assistance, including statc financial assistance rcceived from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching rcquiremcnts. tn connection with the audit requirements addressed �❑ :'art iI, naraerapn i; ihe recinier.t s'r:ali �rs�_e th2t the audit complies with the requirements of �ection 215.97(7j, riorida �iatutes. Thts includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance witt� the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance witli the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipienYs resources obtained from other than State entitics). 4. For information regarding the Florida Catalog of State Financiai Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htt�s:/iapps.fldfs.co�n/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://w�v�v.le�.state.i7.us/Welcome/index.cfin, State of Florida's website at http:/f�v����v.mv(lorida.coui/, Department of Financial Services' Website at http:/(w��w.ildfs.comi and the Auditor Generai's Website at http:/hvwwstate.f7.us/aud<�en. PART III: OTHER AUDIT REQUIRF.MENTS (NOTE: Thrs part woarld be ¢rsed to spec� any additional ae�dit requiren:ents imposed by the State a�vnrdir�g entiry thnt m•e solely a matter of that State awm•ding entity's policy (i.e., the aetcfit is not reytrired by Federal or State lativs arrd is not in conflict tivith other Fedef•al or State ac�dit r•eguiren:ents). Pzn•suant to Section 215.97(8), Flof•ida Statrrtes. State uger:cies may conduct or arrange for audits of State financial assistance that are in addition to uzrdits conc%rcted in accordunce with Sectiun 215.97, Fla•ida Stattrtes. In sitc{t an event, t12e State a►var•ding agency mz�st arra�rge for funding the fe�l! cost of such additional audits.) PAR7' 1V: REPORT SUSMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall bc submitted, when required by Section .320 (d), OMB Cireular A-133, as revised, and 2 CFR Part 200, Subpart F, Uy or on behalf of the recipient directl to each of the following: Attachment 5, DEP Agreement No. LP47020, Page 2 of 5 A. The Department of Environmental Protection at one of thc following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of thc Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassec, Florida 32399-3000 Electronically: F DIiPSinQlcAudit�cdeE�.state.fl.us B. The Federal Audit Clearinghouse designatcd in OMS Circutar A-133, as revised, and 2 CFR §200.501(a) (the number of copies requircd by Sections .320 (d)(1) and (2), OMB Circiilar A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the fol(owing address: �ederai Audit Clearingizoas� Bureau of the Census 1201 East l Oth Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's [ntemet Data Entry Systcm which ean be found at hup:itharvcster.census.«ov/facweb! C. Other Federal agencies and pass-through entities in accordance with Sections 320 (e) and (fl, OMB Circular A-133, as revised, and 2 CFR §200.512. 2. Pursuant to Section 320(�, OMB Circular A-133, as reviscd, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section 320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of thc Inspector Gencral, MS 40 3900 Commonwealth Boulevard Ta(lahassee, Florida 32399-3000 Electronically: FDEPS in�rleAudit(c�dep.state. il.us 3. Copies of financial reporting packages required by YART I] of this Attachment shall be submitted by or on behalf of the recipient directiv to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwcalth Boulevard Tallahassee, Fioricia 32399-3000 Attachment 5, DEP Agreement No. LP4702U, Page 3 of 5 Electronically: f� DI:.PSin�IleAudit(udcp.statc.tl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Stree[ Tallahassee, Florida 32399-1450 4. Copies of reports or managcmcnt letters rcquired by PART III of this Attachment shall be submitted by or on behalf of the recipient directiv to the Department of Environmental Protection at onc of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection UYfice oi the Inspecter �ieneral; i�ltS �ir 39UU C:ommonivealth Boulevar�l Tallahassee, Florida 32399-3000 Electronically: FDEPSin�leAudit(cUdc�.state.11.us 5. Any reports, management letters, or other information required to be submitted to thc Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities} or 10.650 (nonprofit and for-profit organizations), Rules of thc Auditor Genera(, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate thc date that the reporting package was delivered to the recipient in correspondence accompanying thc reporting package. PAI2T' V: I2�CORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Depart►nent of Environmental Protection, or its designec, Chicf Financial Off cer, or Auditor General access to such records upon request. The recipicnt shall ensurc that audit working papers are made available to the Department of F,nvironmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extendcd in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 5, DEP Agreement No. LP47020, Page 4 of 5 EXi[IBIT— 1 FUNDS AWARDED 7'O THE RECIP[EN1' PL)RSUANT TO TH[S AGREEMtiNT CONSIST OF TFSE FOLLOWING: Fedcral Resources Arvarded to the Reci icnt Pursuant to this A rcemcnt Consist of tlic Followin : --T--- 1 u.,�l..:;!! � � � ; JI:IIC i'rograni Cr UA Appropriation Number Federal A enc Numbcr CFDA TiUe Fundin Amount Cate o S State Resourees Awarded to thc Reci ient Pursuant to this A reement Consist of ti�e Followin Resources Sub'ect to Section 215.97, F.S.: State CSPA Title State Program Stare CSFA or Appropriation Number Fundin Source Fiscal Year Number Fundine Source Descri tion Fundin Amount Cate o Original General Appropriations 2017-2018 37.039 Statewide Surface �Vater Restoration a209,036 140047 Agreement Linc Item I606A and Wastewater Projccts Total Award 5209,036 For each program identified abovc, thc recipient shall comply with the program requirements described in thc Cat�log of Federal Domestic Assistance (CFDA) [a•a�r.cfcl;�.!_oc] and/or the Florida Catalog of Statc Financiaf Assistance (CSFA) [httPs://apps.fldfs.com/fsaa/searchCatalog.aspx]. The serviceslpurposes for �vhich thc funds are to be uscd are includcd in the Contract scopc of scrviceshvork. Any match required by thc recipient is cicarly indicated in the Contnct. Attachment 5, DEP Agreement No. LP4�020, Page 5 of 5 EXHIBIT A PROGRESS REPORI' FORM D�P A reement No.: LP47020 Grantec Name: City of Okeechobee Grantee Address: Grantee's Grant Mai�a�er: Telepl►one No.: Re ortin 1'eriod: Project NumUer and Titic: Provide the following information for all tasks and deliverables identi�ed in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the pe►•iod; if goals were not met, provide reasons cvh�: r,r�:�i.-tc an up[tate �►� the esti[nafed ti:rle for cc�m�ietiar a* tne �ass: and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in tlie Grant Work Plan. The followin� format should be followed: Task 1: Progress for tliis reporting period: Identify any dclays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP47020 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Date Exhibit A, DEP Agreement No. LP47020, Page 1 of 1 i �xxisiT a PAYMF,NT REQUEST SUMMARY FORM DEP Agreement No. __ Agreement F,ffec[ivc Dates: Grantcc: (Nnnre 8 hlaiGng Address) Grantcc'S Grant Man•rgcr Performance Period (Srnrr dnte — End dare): _ Date of Request: 1'asWDeliverable No(s). 7`ask/Deliverable Amount Requested: $_ GRANT EXPENDITUI2ES SUMMARY SECTION TOTAL PREVt011S MATCEIINC TOTAL CATEGORYOFEXPF.NDITURE ANIOUNTOFTHIS CUMULATIVG PAYI9ENT FUNDSFOR"t'EIIS CUMULATIVF. iAs an�i�orir.<�!� RE(2UEST fhY61EP?T REGJESTS RI:()Ur.Sz: MATCiiIPit; �C?` I�`� k REOUtiS:S Task 1: S - 5 - S - S - S - Task 2: S - S - S - S - S - Task 3: S - S - S - S - S - Task 4: S - S - S - S - S - 7'ask 5: S - S - S - S - S - Task 6: S - S - S - S - S - Task 7: S - S - S - S - S - Task S: S - S - S - S - S - Tnsk 9: 5 - S - S - S - S - TOTAI. A�tOUNT S S S 5 S TpTAL RUDGET S 5 (ALL 7'ASKS) LESS T01'AI. CUbICtLAT[VF. S S PAYNIENT REQUES7'S OF: TOTAL REMAINING S S (ALL TASKS) GRAN1'EE CGRTI[� ICATION Complctc Grantcc's Ccrtification of Paymcnc Rcqucst on Pagc 2 to ccrtify that thc amount being requcsted for rcimburscmcut abovc was for itcros chat wcrc chargcd to and utilizcd only for thc abo�c citcd grant activitics. Exhibit D, DEP Agrccmcnt No. LP47020, Pagc 1 of 5 Grantee's Certification of Payment Request I, (Print name of Grantee's Grant Manager designated in thc Agreement) (Print narne of Grantee) on behalf of do hereby certify for DEP Agreement No. and Payment Request No. that: 0 The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. 0 All costs included in the amount requcsted have been satisfactorily Purchased, performed, received, and applied toward completing thc Project; sucli costs are documented by invoices or otiler appropriate documentation as required in the Agreeuient. C�] The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in (: fFl.'Cfe iJ1� lf: �1= Fi�E7���' ❑ All permits and approvals required for the construction, which is underway, have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction p(ans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during thc time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mn�/dd/yy — mm/dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Nun�ber Exhibit D, DEP Agreement No. LP47020, Page 2 of 5 INS'I'RUCTIOn`S FOR COMPLETING PAYNI�NT REQUEST SIIi1�IMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGRErMENT EFFECTIVE DATES: Enter agreement execution date through end date. GI2ANTEE: Enter the name of the grantee's agency. MAIL,ING ADDRESS: Enter the address that you want the state wanant sent. GRANTEE'S GRANT MANAG�R: This should be the person identified as grant manager in tlie grant Agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the task/deliverable that the request is for (this must be within ti�e timeline shown for the task/deliverable in the Agreement). TASK/DELIVEIZABLE NO.: This is the number of the task/detiverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASK/DELIVERABLE A.i�'IOUNT REQULST�D: Tlus shonld mateh the amount on the "TOTAL TASK/DELI�ERABLE BUDGET AMOUNT" line for the "AMOUNT OI' TfIIS REQUEST" column. GRANT EXPENDITURGS SUMMAI2Y SECTION: "AMOUNI' OF TFIIS REOUEST" COLUMN: Enter by authorized category of expendiri�re the amount for which you are requesting reimbursement for this task. This must agree with tlie currently apnroved budget in the current Grant Work Plan of vour erant Agreement. Do a�: ctaim expenses in a budget category• tnat does not tiave an approvea budget. lia r,ot claim iiems ti�at are nc�c speciiically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOiINT" line. Enter the amount of all Tasks on tlie "TOTAL BUDGET (ALI. TASKS)" line. Enter the total cumutative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REOUESTS OF" line. Deduct tl�e "LESS TOTAL CUMULATIVE PAYMENT IZEOUL•'STS OF" from tl�e "TOTAL BUDGET (AI,L "PREVIOUS PAYMENT RF.OUESTS" COLUMN: Enter the total cumulative amount that has been paid in previous requests. Do not include the current reqeusted amount in this total. Do not enter anything in the shaded areas. "TOTAL CUMULATIVE PAYMF',NT' 12EUUESTS" COLUMN: Enter the cumulative amounts tlzat have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on tlie "TOTAI PAYMENT REQUEST" line. Do not enter an.ythin� in tl�e shaded areas. "MATCHING TUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s) you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Pian. Enter the total on the "T'OTAL AMOUNT" line for tlus column. Enter the matcl� budget amount on the "TOTAL BUDGI;'T (ALL TASKS)" line for this column. Enter the total cumulative amount of tl�is and any previous match ciaimed on tlie "LESS TOTAL CUMULA77VL PAYMENTS OP" line for this column. Deduct tlie "I,F.SS TOTAL CUMLILATI [�E PAYMENTS OF" from the "TOTAL BUDGE7' (ALL TASKS) " for the amount to enter on "TOTAI. CUi4fULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled "TOTAL PAYMENT REQUEST." The final request should sl�ow the total of all claims, first claim throu�h tlie final claim, etc. Do not enter anytliing in the shaded areas. GI2A1V'CEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certifed work or services completed during tlie period included in tlie request for payment. Must be signcd by botU the Grantce's Grant Manager as ideutificd in the grant agreement and thc Grantec's Fiscal Agent. Documentation for match claims must meet the samc requirements as t[�ose expenditures for reimbursement. Exhibit D, DEP Agreement No. LP47020, Page 3 of 5 FLORIDA D�FARTM�NT OF Ei�iVIRONMTNTAI, PI20TEC1'ION REQUF.ST FOR PAY�IENT - PART II RF,IMBURSEMENT DF7'AIL Grantee Name: Payment Request No.: DEP Agreement No.: Invoice Invoice Amounl Local Share or Other Task/Deliverable Vendor Name Number �nvoice Date � Funding or Amount Requested Amount (3j Check Number ( � Not Requested (2) Numbcr (4) � - $ - � - $ - $ - $ - $ - � - $ - $ - $ $ - �u - $ - �u - $ - � - $ - + � � ' i' i $ $ ' $ - $ ' � - $ - Totals: $ _ $ _ Exhibit U, DEP Agreement No. LP47020, Page 4 of 5 lnstructions foi- Completing Request for Payment - Part II Include the Grantee Name, Payrnent Request No., and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Sl�are or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Rec�uested Amount: Subtract CUrantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice 3 Amount (1). Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under (2). Submittal Instructions inst: acticns i:*r T'-m�s:linQ: The program now accepts reimbursement requests electronically, please E-mail to SIZI-'. When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail. Remit Payment Request by E-niail to: SRF Reporting@dep.state.fl.us I3e sure the E-mail payment request includes tlie following: Cc: Department's Grant/Project Manager Subject: Project Number Disbursement Number: example — LP14025_Disb_1 Aitachments: 1) Exhibit D Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies o€ invoices 4) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact: S1ndv `i'aters Sandra.waters @ dep.state.f I.us Exhibit D, DEP Agreement No. LP47020, Page 5 of 5 B&B Site Development, Inc. 1505 C South Parrott Avenue Okeechobee, FI.34974 Ph: 863-763-6053 Email:bbsitedevelopmentinc@gmail.com January 13, 2021 B � �- B SITE DEVELOPMENT, INC. f5�5-C S. Panon Avanue - OkeecMbeo, R 863-763-6053 60site d evel oproeatlnc�g mI Leom City of Okeechobee Job: City of Okeechobee Taylor Creek SE 8t'' Avenue Stormwater Conveyance BID NO. PW02-00-12-20 B&B's Experience Asphalt Storm Water Improvement Projects performed in the last 3 years 1. Centennial Park for the City of Okeechobee: Work for — Seminole Design Build 2. River Lake Estates for the County of Okeechobee: Work for — Seminole Design Build 3. Knots Landing Brighton Reservation for STOF: Work for — Seminole Design Build 4. PATCDL (New Property Appraisers office For Okee County: Work for — Native American 5. Kingsgate Center "WAWA" Ft. Pierce: Work For Mason Development and Construction 6. Micco Bluff CR68 For Okeechobee County: Work for C.W. Roberts Construction 7. Cemetery Road Improvements For Okeechobee County: Work for Seminole Design Build Respectfully submitted, l� Michelle H. Baughman President 2I3/2021 Detail by Entity Name Div�siort e� ,r.'ore�o�;,� ��ras ". '��� r� � � � �� �r�;��,�r �,� �;�!f l� rFfr,,f . � t � _.� �.�. s ��,s� � a � �� r �Y � �.,� [ "! '; ;l �-• i _ _ , . Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation B& B SITE DEVELOPMENT, INC. Filing Information Document Number S09764 FEI/EIN Number 65-0250610 Date Filed 10/29/1990 State FL Status ACTIVE Principal Address 1505C S PARROTT AVENUE OKEECHOBEE, FL 34974 Changed: 02/18/2011 Mailing Address 1505C S PARROTT AVENUE OKEECHOBEE, FL 34974 Changed: 06/17/1996 t�egistered Agent Name & Address BAUGHMAN, MICHELLE H. 1505C S. PARROTT AVE. OKEECHOBEE, FL 34974 Address Changed: 01/29/1997 Officer/Director Detail Name 8 Address Title President BAUGHMAN, MICHELLE H. 1505C S PARROTT AVENUE OKEECHOBEE, FL 34974 Title VP BAUGHMAN, PHILIP J 1505 C SOUTH PARROTT AVENUE OKEECHOBEE. FL 34974 search.sunbiz.org/I nquiry/CorporationSearch/Search ResultDetail?inqu irytype=EntityName&directionType=1 nitial&searchNameOrder-BBS ITEDEV ELO. 1/2 2/3/2021 Detail by Entity Name � - - - • - - Annual Reports Report Year Filed Date 2018 01 /16/2018 2019 02/08/2019 2020 02/17/2020 Pocument Images 02/17/2020 -- ANNUAL REPORT View image in PDF format 02/08/2019 - ANNUA� REPORT View image in PDF format __ _.....----------......i 01/16/2018 -- ANNUAL REPORT View image in PDF format I ___ _._..----......... 02/13/2017 -- ANNUAL REPOR7 View image in PDF format l D1/25/2Q16 -- ANNUAL REPORT View image in PDF format � i 03/10/2015 -- ANNUAL REPORT View image in PDF farmat ` - - __ 04/24/2014 -- ANNUAL REP(7RT View image in PDF format I 04/16/2013 -- ANNUAL REPORT View image in PDF format � ___ __. I 04l1012012 -- ANNUAL REPORT View image in PDF format I 02/18/2011 - ANNUAL RF_PORT �ew image in PDF format i 02126/2010 -- ANNUAL REPORT View image in PDF format ' -- � 03/O6/20Q9 -- ANNUAL REPORT View image in PDF format I 0.5/27I20d8 -- ANNUAL REPORT View image in PDF format � ------_.. -- _' 01l28/2008 -- ANNUAL REPORT View image in PDF format I --_ __....----... _---._._..-_, 01 /22/2007 -- ANNUAI REPORT _ View image in PDF format � 04/03I2006 -- ANNUAL REPORT View image in PDF format I 04/18/2005 -- ANNUAL REPORT _ View image in PDF format I 04/19/2004 - ANNUAL REPORT �ew image in PDF format I 04/07/2003 -- ANNUAL REPORT _ View image in PDF format I 03/27/2002 - ANNUAL REPORT _ View image in PDF format I 05/0212001 -- ANNUAL REPORT �ew image in PDF format I 05/05/2000 - ANNUAI REPORT __ View image in PDF format I q7/16/1999 -- ANNUAL REPORT �ew image in PDF format I 05/12/1998 - ANNUAL REPORT View image in PDF format - _ -- -.._.._... 01/29/1997 -- ANNUAL REPORT �ew image in PDF format � -- - __...—i 06/17/1996 -- ANNUAL REPORT View image in PDF format J ____ ____. 05/01/1995 -- ANNUAI FtEPORT View image in PDF format � Flon<!2 u, ic,.�2n[ or Stale, oivi5ior U: Ccrpoi�u�ns search.sunbiz.org/Inqu iry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&search NameOrder-BBSITEDEVELO... 2/2 �� BANDBSI-01 ACORO DATE (MMIDD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 2/12/2021 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 hoider in lieu of such endorsement(s). PRODUCER CONTACT NAME:_____ -_. __ . Fairchild, Addison, & McKone Insurance __ _ Po Box 1030 (ac°,"ri , exc�:_(813) 681-4893 �a°i �c, No►_($13) 685-8610 Brandon, FL 33509 n�oR�Ess: COI@famins.Com INSURER(� AFFORDING COVERAGE __ _I_ NAIC # - �-- - .. ___ wsuaea a: Southern-Owners � 10190 INSURED INSURER.B:OWII@f5 IIlSU�811C@ COfllpall�/_ 32%OO .. - - - ._... _ _ .. . ------ - — B& B Site Development, IIIC. INSURER C: Philip Baughman _ --- - --- - - _ — -- -- 1505-C South Parrott Ave iNsuReR o___ Okeechobee, FL 34974 wsuRER e :_ _ __ _ _ __ __ _ INSURER F . � COVERAGES CERTIFICATE NUMBER: 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. A I X COMMERCIALOGE ERAL IABILITY � � INSR IADDL SUBR I POLICY EFF POLICY EXP LTR � � IN D�. POLICY NUMBER MM DD ' MM DD LIMITS I, � EACH OCCURRENCE $ �,OOO�OOO � CLAIMS-MADE X OCCUR 12 0 0 3 3 922 � 1 �/30/2020 1 O/30/202'I DAMAGE TO RENTED 3QQ,QQQ t� _ J �I X '. PREMISES (Ea occurrence) _ $ --- X XCV �� �, MED EXP (Any one,person) � $ ��,��� ' ---- .__ . __._ . .. ---- �� i � - - - � $ 1,000,000 - - -- -- I I - r - - PERSONAL & ADV INJURY I I I POLICY X� �ECT I_ I�C � I , I PRODUCTSGCOMPAOP AGG $ 2 OOO,OOO ✓ PRO- - � � r 2 000,000 v� - — - $ -__ — ----- , $ OTHER: COMBINED SINGLE LIMIT 'I,OOO,OOO'I B AUTOMOBILE LIABILITY � I _{Ea ac_cident)_ _ ___ _ , $ __ _ . vr X ANYAUTO �I 5003$922�� 1��$0�2020 �0/3�/2�21 gpDILYINJURY(Perperson) $ OWNED 1 SCHEDULED � � � AUTOS ONLY AUTOS � . BODILY INJURY Per acadent $ ' HIRED I NON-OWNED , , PROPERTY DAMAGE . _. AUTOS ONLY . . . . AUTOS ONLY '� . . (Per accident) '�, $ PIP $ - 10,000 A� X UMBRELLA LIAB X I OCCUR �i ! EACH OCCURRENCE 3,000,000'�� __ - - — --- _.$- - - . _ . li _ EXCESSLIAB _ ��' CLAIMS-MADE � 5003$92201 , 10/30/2020i ��/$0�202� AGGREGATE__ ___ _ $ -- . . . ----._. . - - -- -- ---_. I DED I X RETENTION$ �O�OOO I $ 3�000�000 � WORKERS COMPENSATION , I PER � OTH- ' AND EMPLOYERS' LIABILITY �, � N � � . � STATUTE_ _ ER _ _ .. _.__ _... ------ - ._ ANY PROPRIETOR/PARTNER/EXECUTIVE j� ��� j� '� � E.L EACH ACCIDENT_ $ OFFICER/MEMBER EXCLUDED? u N I A � - — - (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ I If yes, describe under . � �. DESCRIPTION OF OPERATIONS below � � � � �I E.L. DISEASE - POLICY LIMIT $ q Commercial Property I �i20033922 10/30/2020 10/30/2021 I q Equipment Floater j20033922 I 10/30/2020 10/30/2021 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Site Work The City of Okeechobee and the Florida Department of Environmental Protection are additional insureds with respect to General Liability as required by written contract. City of Okeechobee 55 S. E. 3rd Ave. Okeechobee, FL 34974 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ����� ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ow1�1+s Page 1 58974 (1-17) Issued 09-14-2020 INSURANCECOMPANY 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 AGENCY FAIRCHILD ADDISON & MCKONE INS INC 12-0311-00 AA MKT TERR 052 (813) 681-4893 ITEM ONE NAMED INSURED B& B SITE DEVELOPMENT INC ADDRESS 1505 S PARROTT AVE UNIT C OKEECHOBEE FL 34974-6129 COMMERCIAL AUTO POLICY DECLARATIONS PREFERRED PROGRAM Renewal Effective 10-30-2020 POLICY NUMBER 50-033-922-00 Company Use 20-02-FL-1410 Company POLICY TERM Bill 12:01 a.m. 12:01 a.m. 10-30-2020 t� 10-30-2021 Entity: Corporation IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM TWO - SCHEDULE OF COVERED AUTOS AND COVERAGES This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the COVERED AUTOS section of the Commercial Auto Policy next to the name of the coverage. COVERAGES COVERED AUTOS LIMIT OF INSURANCE PREMIUM SYMBOLS FOR ANY ONE ACCIDENT OR LOSS Combined Liability 7, 8> 9, 19 $1 Million each accident $23,922.73 Uninsured Motorist � $1 Million each person/$1 Million each accident $3,760.37 Coverage (Non-stacked Uninsured Motorist Coverage selected.) Medical and Disability -$10,000 each person Personal Injury Protection 7 Medical limited to $2,500 non-emergency $445.87 Death Benefits - $5,000 each person Medical Payments 7 $5,000 each person $126.78 Comprehensive 7 $250 deductible applies for each covered auto unless a $1,556.93 � dedudible appears in ITEM THREE. rn m � Collision 7 $500 deductible applies for each covered auto unless a $5,550.15 � deductible appears in ITEM THREE. � Road Trouble Service 7 See ITEM THREE for the limit applicable for each $77.63 �� covered auto. � r o- See ITEM THREE for the limit applicable for each Additional Expense 7 $292.18 covered auto. Premium for Endorsements $100.00 ESTIMATED TOTAL PREMIUM* $35,832.64 * This policy may be subject to final audit. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 Southern-Owners Ins. Co. Issued 09-01-2020 AGENCY FAIRCHILD ADDISON & MCKONE INS INC 12-0311-00 MKT TERR 052 INSURED g& B SITE DEVELOPMENT INC Term 10-30-2020 to 10-30-2021 54104 (12-12 Coverages Provided COMMERCIAL PROPERTY COVERAGE Insurance at the described premises applies only for coverages for which a limit of insurance is shown. HURRICANE DEDUCTIBLE IN ANY ONE OCCURRENCE OF A HURRICANE, THE TOTAL DEDUCTIBLE FOR ALL COVERED HURRICANE LOSSES WILL BE A MINIMUM OF $1,000. PLEASE SEE ATTACHED FORM FOR ADDITIONAL DEDUCTIBLE INFORMATION. THIS POLICY CONTAINS A CO-PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU. LOCATION 0001 - BUILDING 000'1 Location: 1505 S Parrott Ave Unit C, Okeechobee, FL 34974-6129 Occupied As: Grading Of Land Secured Interested Parties: None Rating Information Territory: 470 Program: Premier Subcontractors Protection Class: 03 Class Rate - Pers Prop/Office: 0.109 COVERAGE PERSONAL PROPERTY-OFFICE Causes of Loss Basic Group I Basic Group II Hurricane Special OPTIONAL COVERAGE Replacement Cost Inflation Guard Fador Personal Property 1.0'17 County: Okeechobee Construction: Non-Comb Class Code: 3702 COINSURANCE I DEDUCTIBLE 90% 90% 90% 90% $1,000 $1,000 5% $1,000 Company POLICY NUMBER 1446'12-20033922-20 Bill 20-46-FL-1410 LIMIT RATE PREMIUM $10,670 0.080 $9.00 0.222 $24.00 Included 0.073 $8.00 Page 3 Southern-Owners Ins. Co. Issued 09-01-2020 AGENCY FAIRCHILD ADDISON & MCKONE INS INC Company POLICY NUMBER 144612-20033922-20 12-0311-00 MKT TERR 052 Bill 20-46-FL-1410 INSURED g& B SITE DEVELOPMENT INC Term 10-30-2020 to 10-30-2021 Forms that apply to this building: 59350 (01-15) IL0003 (07-02) 54093 (03-07) 54343 (08-07) 54995 (07-11) 54851 (09-15) 55081 (OS-18) 64296 (12-17) 64326 (07-19) CP1033 (11-85) 54312 (04-07) 54091 (03-07) LOCATION 0001 - BUILDING 0002 Location: 1505 S Parrott Ave Unit C, Okeechobee, FL 34974-6129 Occupied As: Office Secured Interested Parties: None Rating Information Territory: 470 Program: Premier Subcontractors Protection Class: 03 Class Rate - Pers Prop/Office: 0.109 COVERAGE PERSONAL PROPERTY-OFFICE Causes of Loss Basic Group I Basic Group II Hurricane Special OPTIONAL COVERAGE Replacement Cost Inflation Guard Factor Personal Property 1.017 Forms that apply to this building: 59350 (01-15) IL0003 (07-02) 54343 (08-07) 54995 (07-11) 55081 (OS-18) 64296 (12-17) r�i nZZ !� � _S2S1 S4"�'12 (f14-�7) IL0175 (09-93) 54355 (10-15) 59325 (12-19) CP0010 (10-91) County: Okeechobee Construction: Non-Comb Class Code: 3702 COINSURANCE � DEDUCTIBLE 90% 90% 90% 90% 54093 (03-07) 54851 (09-15) 64326 (07-19) 54091 (03-07) $1,000 $1,000 5% $1,000 54850 (06-11) 64224 (O1-16) CP0090 (07-88) 54082 (02-OS) LIMIT RATE PREMIUM $16,020 0.080 $13.00 0.466 $75.00 Included 0.073 $12.00 IL0175 (09-93) 54355 (10-15) 59325 (12-19) CP0010 (10-91) COMMERCIAL PROPERTY COVERAGE - LOCATION 0001 SUMMARY TERRORISM - CERTIFIED ACTS SEE FORM: 59350 54850 (06-11) 64224 (01-16) CP0090 (07-88) 54082 (02-05) PREMIUM $1.00 LOCATION 0001 $142.00 55040 (11-87) COMMERCIAL GENERAL LIABILITY COVERAGE COVERAGE LIMITS OF INSURANCE General Aggregate $2,000,000 Southern-Owners Ins. Co. AGENCY FAIRCHILD ADDISON & MCKONE INS INC 12-0311-00 MKT TERR 052 INSURED g& B SITE DEVELOPMENT INC Page 4 Issued 09-01-2020 Company POLICY NUMBER 1446'12-20033922-20 Bill 20-46-FL-1410 Term 10-30-2020 to 10-30-2021 COVERAGE LIMITS OF INSURANCE (Other Than Produds-Completed Operations) Products-Completed Operations Aggregate $2,000,000 Personal And Advertising Injury $1,000,000 Each Occurrence $1,000,000 Voluntary Damage to Property of Others Aggregate $25,000 Voluntary Damage to Property of Others Occurrence $5,000 COMMERCIAL GENERAL LIABILITY PLUS ENDORSEMENT Damage to Premises Rented to You $300,000 Any One Premises (Fire, Lightning, Explosion, Smoke or Water Damage) Medical Payments $10,000 Any One Person Hired Auto & Non-Owned Auto $1.000,000 Each Occurrence Expanded Coverage Details See Form: Extended Watercraft Personal Injury Extension Broadened Supplementary Payments Broadened Knowledge Of Occurrence Additional Products-Completed Operations Aggregate Blanket Additional Insured - Lessor of Leased Equipment Blanket Additional Insured - Managers or Lessors of Premises Newly Formed or Acquired Organizations Extension Blanket Waiver of Subrogation Twice the "General Aggregate LimiY', shown above, is provided at no additional charge for each 12 month period in accordance with form 55885. AUDIT TYPE: Annual Audit Forms that apply to this coverage: 59350 (01-15) 55146 (06-04) 55200 (06-96) 55531 (06-11) 55006 (12-04) IL0021 (07-02) CG0220 (03-12) IL0017 (11-85) 55189 (OS-17) CG2167 (12-04) CG2106 (OS-14) 55091 (OS-17) CG2294 (10-01) 59325 (12-19) CG0001 (04-13) 55513 (05-17) 55719 (OS-17) CG2109 (06-15) 55029 (OS-17) CG2196 (03-05) CG2132 (05-09) CG2147 (12-07) 55885 (05-17) 55373 (05-17) Page 5 Southem-Owners Ins. Co. Issued 09-01-2020 AGENCY FAIRCHILD ADDISON & MCKONE INS INC Company POLICY NUMBER 144612-20033922-20 12-0311-00 MKT TERR 052 Bill 20-46-FL-1410 INSURED g& B SITE DEVELOPMENT INC Term 10-30-2020 to 10-30-2021 LOCATION 0001 - BUILDING 0001 Location: 1505 S Parrott Ave Unit C, Okeechobee, FL 34974-6129 Territory: 006 County: Okeechobee CLASSIFICATION CODE SUBLINE PREMIUM BASIS RATE Commercial General Liability Plus Endorsement 00501 Prem/Op Prem Included At 7.5% Of The Premises Operation Premium Prem/Op Included Included Premier Subcontractors Class Amendment Of Location 30502 Payroll Each 1000 & Project Aggregate Limts Of Insurance Prem/Op Included Included Premier Subcontractors Class Voluntary Property 31555 Payroll Each 1000 Damage Contracting Or Servicing Prem/Op Included Included Premier Subcontradors Class Voluntary Property 31556 Total Costs Each 1000 Damage Subcontractors Prem/Op Included Included Premier Subcontractors Class Subcontracted Work 31585 Total Costs Each 1000 Prem/Op If Any 1.810 Prod/Comp Op If Any 4.326 Premier Subcontractors Class Contractors Permanent 31590 Payroll Each 1000 Yards - Maintenance Or Storage Of Equipment Or Prem/Op $78,833 12.227 Material Prod/Comp Op $78,833 2.786 Premier Subcontractors Class Grading Of Land 35410 Payroll Each 1000 Prem/Op $121,466 19.265 Prod/Comp Op $121,466 7.484 Premier Subcontractors Class Septic Tank Systems - 38806 Payroll Each 1000 Installation, Servicing Or Repair Prem/Op $71,834 15.826 Prod/Comp Op $71,834 9.367 Additional I nterests 49950 55373 Blnkt Add'L Ins-O/L/C Prod/Comp Op I Flat Charge COMMERCIAL GENERAL LIABILITY COVERAGE - LOCATION 0001 SUMMARY TERRORISM - CERTIFIED ACTS SEE FORM: 59350 LOCATION 0001 COMMERCIAL INLAND MARINE COVERAGE COVERAGES PROVIDED Insurance applies to covered property for which a limit of insurance is shown. PREMIUM Included Included Included Included Included Included $964.00 $220.00 $2,340.00 $909.00 $1,137.00 $673.00 $550.00 PREMIUM $68.00 $6,861.00 16198 (07-87) Forms that apply to Inland Marine: 16080 (08-86) 59350 (01-15) 16566 (12-14) 55081 (OS-18) 16757 (12-17) 59325 (12-19) 16859 (07-19) 59511(10-19) 12-0311-00 FAIRCHILD ADDISON & MCKONE INS INC PO BOX 1030 BRANDON FL 33509 �uto-�ivners INSURANCE LIFE • HOME • CAR • BUSINE55 PO Box 3066o • Lansing, MI 48909-8160 517.323.1200 02-15-2021 B& B SITE DEVELOPMENT INC 1505 S PARROTT AVE UNIT C OKEECHOBEE FL 34974-6129 RE: Policy 50-033-922-01 SOUTHERN-OWNERS INSURANCE COMPANY You can view your policy, pay your bill, or change your paperless options at any time online at www.auto-owners.com. ADDITIONAL WAYS TO PAY YOUR BILL Pay Online www.auto-owners.com Pay by Mail Pay My Bill AUTO-OWNERS INSURANCE PO BOX 740312 Pay by Phone CINCINNATI, OH 45274-0312 1-800-288-8740 Your agency's phone number is (813) 681-4893. Billing Account 014170557 Thank you for selecting Auto-Owners Insurance Group to serve your insurance needs! Feel free to contact your independent Auto-Owners agent with questions you may have. Auto-Owners and its affiliate companies offer a full complement of policies, each of which has its own eligibility requirements, coverages and rates. In addition, Auto-Owners also offers many billing options. Please take this opportunity to review your insurance needs with your Auto-Owners agent, and discuss which company, program, and billing option may be most appropriate for you. Auto-Owners Insurance Company was formed in 1916. Our A++ (Superior) rating by A.M. Best Company signifies that we have the financial strength to provide the insurance protection you need. The Auto-Owners Insurance Group is comprised of six property and casualty companies and a life insurance company. Serving Our Policyho/ders and Agents Since 7916 cs'outhern-Owners Page 1 26449 (07-00) Issued 02-15-2021 INSURANCE COMPANY 6101 ANACAPRI BLVD., LANSING, MI 48917-3999 AGENCV FAIRCHILD ADDISON & MCKONE INS INC 12-0311-00 MKT TERR 052 INSURED B& B SITE DEVELOPMENT INC ADDRESS 1505 S PARROTT AVE UNIT C OKEECHOBEE FL 34974-6129 UMBRELLA POLICY DECLARATIONS Endorsement Effective 02-09-2021 (813) 681-4893 pOLICY NUMBER 50-033-922-01 Company Use 20-21-FL-1410 Company POLICY TERM Bill 12:01 a.m. 12:01 a.m. t0 10-30-2020 10-30-2021 This policy is amended in consideration of the additional or return premium shown below. This Declarations voids and replaces all previously issued Declarations bearing the same policv number and premium term. COMMERCIAL UMBRELLA LIMITS OF LIABILITY: Products-Completed Operations Aggregate Other Aggregate Each Incident Limit $ 3,000,000 $ 3,000,000 S 3,000,000 RETAINED L�MIT: $ 10,000 (Waived when an Auto-Owners Insurance Group Company provides both the Commercial Automobile and Commercial General Liability coverage). FORMS THAT APPLY TO THIS POLICY: 26800 (07-OS) 26606 (09-19) 26895 (07-07) 59350 (O1-15) 26366 (07-OS) 26541 (08-05) 26527 (09-09) 66085 (07-14) 66088 (09-14) 66110 (11-15) 66119 (12-15) 59243 (06-00) 66127 (06-17) 66164 (12-17) 66151 (12-17) 66175 (12-17) 66206 (09-19) 26455 (01-15) 26814 (01-06) 26296 (07-OS) 26827 (07-05) 26531 (07-OS) 66159 (12-17) 26405 (07-OS) COMMERCIAL UMBRELLA PREMIUM THE POLICY PREMIUM SHOWN ABOVE INCLUDES: TERRORISM CERTIFIED ACTS SEE FORM 59350 $36.62 TOTAL POLICY PREMIUM "HIS IS NOT A BILL) PROGRAM: Commercial A 10% Cumulative Multi-Policy Discount applies. Supporting policies are marked with an (X): Comm Auto(X) Comm Prop/Comm Liab(X) Farm( ) WC( ) Life( ) Personal( ). PREMIUM CHANGE $3,698.62 $437.33 TERM $3,698.62 $437.33 Additional Countersigned By: FAIRCHILD ADDISON & MCKONE INS INC SOUTHERN-OWNERS INS. CO. AGENCY FAIRCHILD ADDISON & MCKONE INS INC 12-0311-00 MKT TERR 052 INSURED g& B SITE DEVELOPMENT INC Page 2 26449 (07-00) Issued 02-15-2021 Company POLICY NUMBER 50-033-922-01 Bill Company Use 20-21-FL-14"10 Term 10-30-2020 to 10-30-2021 SCHEDULE OF UNDERLYING INSURANCE NAME OF INSURER TYPE OF POLICY YOU HAVE AGREED TO MAINTAIN LIMITS AS FOLLOWS: SOUTHERN-OWNERS INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY General Aggregate Products and Completed Operations Aggregate Occurrence Personal/Advertising Injury Hired/Non-Ownership Automobile Liability COMBINED SINGLE LIMITS $2,000,000 $2,000,000 $1,000,000 $1,000,000 Included Agency Code 12-0311-00 Policy Number 144612-20033922 55373 (5-17) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Under SECTION II - WHO IS AN INSURED is amended. The following provision is added. A person or organization is an Additional Insured, only with respect to liability caused, in whole or in part, by "your work" for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organiza- tion was an Additional Insured. B. SECTION III - LIMITS OF INSURANCE is amended. The following provision is added. The limits of liability for the Additional Insured are those specified in the written contract or agreement between the insured and the owner, lessee or con- tractor or those specified in the Certificate of Insur- ance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended. 1. The following condition is added to 4. Other Insurance. This insurance is primary for the Additional Insured, but only with respect to liability caused, in whole or in part, by "your work" for that Addi- tional Insured by or for you. Other insurance available to the Additional Insured will apply as excess insurance and not contribute as primary insurance to the insurance provided by this endorsement. 2. The following condition is added. Other Additional Insured Coverage Issued By Us If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorse- ment shall not exceed the limit of insurance in the written contract or agreement between the insured and the owner, lessee or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an "occurrence", shall not exceed the limit of insurance shown in the Declarations, regard- less of the number of insureds or Additional Insureds. All other policy terms and conditions apply. 55373 (5-17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 / ' � DATE (MM/DD/YYYY) �►�!zO CERTIFICATE OF LIABILITY INSURANCE 1 /22/2021 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 Nexus Partners Insurance NAME:CT 5745 North Scottsdale Road, Suite 6120 PHONE Ruc No Exs1 ac No : Scottsdale, AZ 85250 E-MAIL�� ER(S) AFFORDING National Insura INSURED INSURER B : Ally HR, LLC INSURERC: L/C/F B& B Site Development, Inc. 9016 Philips Hwy INSURERD: Jacksonville FL 32256 INSURER E: COVERAGES CERTIFICATE NUMBER: 59811697 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. AODL SUBR POLICY EFF POLICY EXP I�TR TYPE OF INSURANCE POLICY NUMBER MMIDD MMIDD/YYYY LIMITS COMMERCIALGENERALLIABILITY EACHOCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE � OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY � PR� � ��C PRODUCTS - COMP/OP AGG $ JECT $ OTHER: AUTOMOBILE LIABILITY E�a aBc tleDtSINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ Q WORKERSCOMPENSATION T80210001-843 1/1/2021 1/1/2022 �/ STATUTE E�RH AND EMPLOYERS' LIABILITY .� � N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? � N�A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ � 000 �� � If yes, describe under E.L. DISEASE - POLICY LIMIT $ � �0� �00 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of: B& B Site Development, Inc. Eff Date: 1/1/2021 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Okeechobee THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Email: pburnette@cityofokeechobee.com ACCORDANCE WITH THE POLICY PROVISIONS. 55 SE 3rd Avenue Okeechobee FL 34974 AUTHORIZEDREPRESENTATIVE ���� C �� =����� Jodie R. Kramer Cole O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 59811697 I Matrix I Master Certificate I Melissa Ash I 1/22/2021 9:50:01 Ah1 (EST) I Paae 1 of 1 ClTY OF OKEECHOBEE BAUGHMAN, PHILIP BUSINESS TA�C RECEIPT (863)763-6053 55 SE 3rd Avenue, Okeechobee, FL 34974 Address: j Activity: OCTOBER 1, 2020 - SEP��MBER 30, 2021 STATE LICENSE REQUIRED FOR RENEWAL 1505 S PARROTT AVENUE OKEECHOBEE, FL 34974 QKEE SEPTIC TANK 8� DEMOLITtON CONTRAC �� - ' ' ' " ' � Cyo Issued to: B& B SITE DEVELOPMENT, INC. BAUGHMAN, PHILIP 1505 SOUTH PARROTT AVENUE OKEECHOBEE, FL 34974 �A ti� • � ��+. �z : r. ' fi u= � m _ — �� ..+ � — =► .. ��.� � �� OR10� No: 62 Date: 9/28/20 RECEIPT 78.75 PENALTY APP/TRAN BLDG INSP FIRE INSP Total Paid 78.75 " ��1�'Y� ----- BU5INESS TAX RECEIPT OFFICIAL STATE OF FLORIDA OKEECHOBEE COUNTY BUSINESS LICENSE PENALTY ADDED: OCT 1st, 10%; NOV 15t, 15%; DEC lst, 20%; JAN lst 25% THIS LICENSE IS FURNISHED IN PURSUANCE OF CHAPTER 205,FLORIDA STATUTES AND COUNTY ORDINANCE N0.79-2 B& B SITE DEVELOPMENT INC 1505 S PARROTT AVE OKEECHOBEE FL 34974 PRIOR COUNTY PENALTY BUSINESS # 12152 AMOUNT DUE LICENSE # DATE PAID $93.75 $93.75 01499 9/28/2020 CELESTE WATFORD, TAX COLLECTOR OKEECHOBEE COUNTY 307 NW 5TH.AVE STE B OKEECHOBEE, FL 34972 2020 aoal PUBLIC SERVICE SITE PREP THIS LICENSE IS VALID ONLY IF NO OTHER LAW OR ORDINANCE IS VIOLATED. ESPECIALLY ZONING ORIGINAL CUSTOMER COPY STATE OF FLORIDA OKEECHOBEE COUNTY BUSINESS LICENSE PENALTY ADDED: OCT 1st, 10°s; NOV 1st, 15%; DEC lst, 20%; JAN lst 25% THIS LICENSE IS FURNISHED IN PURSUANCE OF CHAPTER 205,FLORIDA STATUTES AND COUNTY ORDINANCE N0.79-2 B& B SITE DEVELOPMENT INC 1505 S PARROTT AVE OKEECHOBEE FL 34974 PRIOR COUNTY P FsNALTY BUSINESS # 12151 Mo�4�CiIil�M�i��if� LICENSE # DATE PAID 554.00 $54.00 01498 9/28/2020 CELESTE WATFORD, TAX COLLECTOR OKEECHOBEE COUNTY 307 NW 5TH AVE STE S OKEECHOBEE, FL 34972 2020 Zoai CONTRACTOR DEMOLITION THIS LICENSE IS VALID ONLY IF NO OTHER L,AW OR ORDINANCE IS VIOLATED. ESPECIALLY ZONING ORIGINAL CUSTOMER COPY � 01�EECHUBEE COL`�Tl� � �CONSTRUC'TIC�` I\Dt: $TRi�� �10E'�ISItiG $OARU � Contrac�or Lic�nsL �umbcr: OCSLOIi?9-�►1 This CERTIF',C:\TF OF CO'�1PETENC�" �e�tifies that B& B SITE DE�'EL.OP�iE\T, I'�C. ; Phillip J. Baughman. Qualifier has compii�d �;•ith requiremeuts of ihis Boar�i as a i �r: Demolitl�in Specialh� Ex}fir : U9i30-2t►22 % � Building Ulficial: — , .,e::..;:e=; _ �. ..�..,,�„� .