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HomeMy WebLinkAbout2020-160Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INDIAN RIVER COUNTY WELCOME SIGNS BID NO. 2020048 PROJECT NO. IRC -1816 PREPARED FOR THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SUSAN ADAMS, CHAIRMAN JOSEPH E. FLESCHER, VICE-CHAIRMAN COMMISSIONER TIM ZORC COMMISSIONER PETER D. O'BRYAN COMMISSIONER BOB SOLARI JASON E. BROWN, COUNTY ADMINISTRATOR JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER DYLAN REINGOLD, COUNTY ATTORNEY RICHARD B. SZPYRKA, P.E., PUBLIC WORKS DIRECTOR Page 1 of 39 C: Project Name: Bid #: Bid Security Required: Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone(772)226-1416 INVITATION TO BID Public Construction Bond Required: INDIAN RIVER COUNTY WELCOME SIGNS (IRC -1816) 2020048 5% for any total bid over $35,000 100% for contracts over $100,000 Bid Opening Date: Friday, July 1ir" 2020 Bid Opening Time: 2:00 PM All bids must be received by the Purchasing Division, 1800 27'h Street, Vero Beach, Florida 32960 prior to the date and time shown above. Late bids will not be accepted or considered. PLEASE SUBMIT ONE (1) MARKED ORIGINAL AND ONE (1) COPY OF YOUR BID, PLUS ONE (1) THUMB DRIVE OR CD CONTAINING A FULL PDF OF YOUR SUBMITTAL. Refer All Questions to: Jennifer Hyde, Purchasing Manager Phone: (772) 226-1416 Email: purchasing@ircgov.com Page 2 of 39 Bid No. 2020048/IRC-1816 ADVERTISEMENT FOR BID Notice is hereby given that the Indian River County Board of County Commissioners is calling for and requesting bids for the following: Indian River County Bid # 2020048 INDIAN RIVERCOUNTY WELCOME SIGNS (IRC -1816) Detailed specifications are available at: www.demandstar.com or by selecting "Current Solicitations" at http://www.ircgov.com/Departments/Budget/Purchasing. All communications concerning this bid shall be directed to IRC Purchasing Division at purchasing@ircgov.com. Deadline for receipt of bids has been set for 2:00 PM, Friday, July 17th, 2020 Only bids received on or before the time and date listed will be considered. Bids should be addressed to Purchasing Division, 1800 27th Street, Vero Beach, Florida 32960. All bids will be opened publicly and read aloud at 2:00 PM. Bids submitted after 2:00 PM on the day specified above will not be accepted or considered. BID SECURITY in the sum of not less than five percent (5%) of the total bid must accompany each bid over $35,000. The Board of County Commissioners reserves the right to accept or reject any and all bids in whole or in part and to waive any technicality or irregularity. PURCHASING MANAGER INDIAN RIVER COUNTY Publish: For Publication on Demandstar and Vendor Registry Date: June 21, 2020 Page 3 of 39 BOARD OF COUNTY COMMISSIONERS ara,� August 18, 2020 Kenco Sign and Awning, LLC Attn: Raymond Webb 1539 Garden Avenue Holly Hill, FL 32117 Sparr4731@gmail.com NOTICE OF AWARD Reference: Indian River County Bid No. 2020048 Indian River County Welcome Signs Dear Mr. Webb: via Email It is my pleasure to inform you that on August 18, 2020 the Board of County Commissioners awarded the above - referenced project to your company. The following documents are required before the applicable County department can issue a "Notice to Proceed" letter. 1. Two Signed Copies of Enclosed Agreement. 2. Certificate of Insurance indicating coverage required in the General Terms and Conditions and Agreement. Certificate(s) must name Indian River County as additional insured and must provide for a 30 day Notice of Cancellation. 3. W-9. Please submit the W-9, the Certificate(s) of Insurance and two fully -executed copies of the enclosed agreement to this office at the address provided below no later than September 2, 2020. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of award. Thank you for your prompt attention and if you have any questions, please do not hesitate to contact our office. Sincerely, C4/h+lu� Jennifer rlycle Purchasing Manager Cc: Rob Skok Office of Management and Budget • Purchasing Division 1800 2711 Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 770-5140 E-mail: purchasing@irceov.com Bid No. 2020048/IRC-1816 STATEMENT OF NO BID Should you elect not to bid, please complete and send this page by email (purchasing@ircgov.com), fax (772-770- 5140) or by mail to Indian River County Purchasing, 1800 27th Street, Vero Beach, FL 32960. Please select all of the following that apply. Our decision not to bid on the subject project was based on: ❑ Project is located too far from our base of operations F7Project value too low ❑ Project specifications unclear (please explain below) Material availability may be a challenge ❑ Our current schedule will not allow us to perform ❑ Unable to meet insurance requirements ❑ Other: Other: General comments regarding the bid and/or plans and specifications: Page 4 of 39 Bid No. 2020048/IRC-1816 TABLE OF CONTENTS INVITATIONTO BID.....................................................................................................................................1 ADVERTISEMENTFOR BID........................................................................................................................................................3 STATEMENTOF NO BID............................................................................................................................................................4 TABLEOF CONTENTS................................................................................................................................................................5 INSTRUCTIONSTO BIDDERS......................................................................................................................................................6 GENERALTERMS AND CONDITIONS............................................................................................................................................. 6 TECHNICALSPECIFICATIONS...................................................................................................................................................13 SCOPE.........................................................................................................................................................................................13 BIDFORM...............................................................................................................................................................................14 BIDSCHEDULE...............................................................................................................................Error! Bookmark not defined. DRUG-FREE WORKPLACE CERTIFICATION.............................................................................................................................177 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS.............188 BIDDERS QUALIFICATIONS QUESTIONNAIRE........................................................................................................................200 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES.................................233 LISTOF SUBCONTRACTORS................................................................................................................................................... 244 SAMPLEAGREEMENT...........................................................................................................................................................255 PUBLICCONSTRUCTION BOND............................................................................................................................................. 355 SAMPLE CERTIFICATE OF LIABILITY INSURANCE......................................................................................................................38 NOTICETO PROCEED.............................................................................................................................................................. 39 Page 5 of 39 Bid No. 2020048/IRC-1816 INSTRUCTIONS TO BIDDERS GENERAL TERMS AND CONDITIONS Cone of Silence. Potential bidders/respondents and their agents must not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to this solicitation. This restriction is effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. Sealed Bids and Envelope Markings: All bids must be submitted in a sealed opaque envelope. The outside of the envelope must be clearly marked with the Sealed Bid #, Title of the Bid, Date of the Bid opening, and Time of the Bid Opening and name of firm submitting. Opening Location: It will be the sole responsibility of the Bidder to deliver personally or by mail or other delivery service, their proposal to the office of the Indian River County Purchasing Division. Bids should be delivered to 1800 27th Street, Vero Beach, FL 32960, on or before the closing hour and date shown for receipt of bids. Bids received in person or by mail after the stated time and date will not be considered. Bid Submission: All bids must be signed with the legal Firm name and by an Officer or employee having authority to bind the company or firm by his / her signature. Bids must be submitted on forms provided by Indian River County. Only the bid form provided by OWNER is acceptable (Bidders are not to recreate the bid form). Bids not submitted on the attached forms) shall be rejected. Bids submitted on forms other than those provided within its document and/or addenda shall be rejected. Submittal of one marked original bid, one copy plus a thumb drive or CD containing a full pdf of your submittal is required. Bid Security and Public Construction Bond: Bid security must accompany each Bid over $35,000, and must be in the form of an AIA Document A310 Bid Bond, properly executed by the Bidder and by a qualified surety, or a certified check or a cashier's check, drawn on any bank authorized to do business in the State of Florida. Bid Security for bids over $35,000 must be in the sum of not less than five percent (5%) of the total amount of the bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, Bidder will enter into a Contract with the County and furnish the required 100% Public Construction Bond within the timeframe set by the County. If Bidder fails to do so, the Bid Security will be retained by the County as liquidated damages and not as a penalty. If bid does not exceed $100,000, no Public Construction Bond will be required. Bid Security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. Withdrawal of Bids: A bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time of opening of bids. If, within 24 hours after Bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that bidder may withdraw its bid and bid security will be returned. Thereafter, if the work is rebid, that bidder may be disqualified from further bidding on the work. Direct Purchase: Indian River County reserves the option to purchase certain tangible materials necessary for the performance of the Contract, and thereby save the amount of the sales tax thereon by virtue of the Owner's status as a Tax -Exempt Institution. For the purpose of these procedures, the Contractor will assign to the County any rights the Contractor may have under quotes, contracts or commitments received from the particular vendor or Page 6 of 39 Bid No. 2020048/IRC-1816 supplier for the materials described in the requisition. The invoiced amount of County Purchased Materials and applicable sales tax, had the purchases not been tax exempt, once finalized through the Owner's Purchase Order and after confirmation of completed delivery and acceptance, will be deducted from the Contractor's Contract price via Change Order. Taxes: Indian River County is exempt from any taxes imposed by State and / or Federal Government. Exemption Certificates, if required, are to be furnished by the successful bidder and will be filled out by the County. Delivery and Completion Dates: Indicate delivery and completion dates. This may be a determining factor in the award of the bid. The County may, at its option, grant additional time for any delay or failure to perform hereunder if the delay will not adversely affect the best interests of the County and is due to causes beyond the control of the Bidder. Such grant must be in writing and made part of the resulting Agreement. Irrevocable Offer. Bidder warrants by virtue of bidding that the prices quoted in this bid will remain firm and be considered an irrevocable offer for a period of sixty (60) days, during which time one or more of the bids received may be accepted by Indian River County. Assignment/Delegation: No right, obligation or interest in an awarded Agreement may be assigned or delegated by the Bidder without prior written consent of the County, without prejudice to County's other rights and remedies. Consideration of Bids: Verbal, emailed or faxed bids will not be considered. Indemnification: The successful Bidder shall indemnify and hold harmless the County, and its commissioners, 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 and persons employed or utilized by the contractor in the performance of the construction contract. Public Access: The Bidder shall allow public access to all documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. If this project is federally -funded, the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials shall not be used by the Bidder without specific FEMA pre -approval. Records/Audit: The Bidder shall maintain books, records and documents pertinent to performance under this Invitation and any resulting Agreement in accordance with generally accepted accounting principles consistently applied. The County and the Florida Office of the Inspector General shall have inspection and audit rights to such records for audit purposes during the term of the contract and for three years following the termination of obligations hereunder. Records which relate to any litigation, appeals or settlements of claims arising from performance under this work or purchase shall be made available until a final disposition has been made of such litigation, appeals, or claims. Acceptance: Receipt of an item shall not be an indication that the items are acceptable. Final acceptance and authorization of payment shall be given after a thorough inspection indicates that the item is delivered in accordance with the Bid Specifications. Suppliers are advised that in the event the delivered item does not meet specifications, payment will be withheld until such time the supplier takes necessary corrective action. Page 7 of 39 Bid No. 2020048/IRC-1816 Permits, Impact and Inspection Fees. In accordance with Florida Statutes Section 218.80, the "Public Bid Disclosure Act", Indian River County as OWNER is obligated to disclose all license, permit, impact, or inspection fees that are payable to Indian River County in connection with the construction of the Work by the accepted bidder. The anticipated cost of the permit fees due to the Indian River County Building Division is provided as a fixed line item on the bid form, and/or specifically noted in the scope of work. This amount does not include fees for any necessary re-inspection(s), which are the responsibility of the Contractor. Descriptive Information: Descriptive literature including Specifications must accompany your bid. Manufacturer's name and model numbers are used herein solely for the purpose of establishing a standard of design, quality, and use of the merchandise required. Products of other manufacturers will be acceptable if they meet or exceed established standards with the exception of those items specified "NO SUBSTITUTION". Variations to Specifications: For purposes of evaluation, Bidder must indicate any variances from the specifications and/ or conditions on the form provided with this Invitation to Bid. Otherwise, it will be assumed that the product or service fully complies with the specifications. Items specifically described, as alternates shall be reviewed as an alternative bid to be considered by the County, in lieu of the primarily specified item(s). However, item(s) varying from the published specifications shall be considered substitutes, and the County reserves the right to consider or not to consider substitute bids. Substitutes shall be subject to disqualification if the County does not approve the substitution. Interpretations: No oral interpretations will be made to any Bidder as to the meaning of the Specifications. Every request for such an interpretation shall be made in writing, addressed and forwarded to Indian River County (purchasing(@ircgov.com) ten (10) or more days before the date fixed for opening of the bids. The County shall not be responsible for oral interpretations given by any County employee. Every interpretation made to bidder will be in the form of an Addendum to the specifications, which if issued, will be sent promptly as is practical to all persons to whom specifications have been issued. All such Addenda shall become part of the specifications. Further, it shall be the responsibility of each bidder, prior to submitting their bid, to contact Indian River County's Purchasing Division at (772) 226-1416 to determine if addenda were issued and to make such addenda a part of their bid. Default Provision: In case of default by the Bidder, Indian River County may procure the articles or services from other sources and hold the Bidder responsible for excess costs incurred thereby, and may take such action, as it deems appropriate, including legal action for Damages or Specific Performance. Signed Bid Considered an Offer: This signed bid shall be considered an offer on the part of the Bidder. Indian River County Board of County Commissioners shall deem the offer accepted upon approval. Non -Collusion: By signing and submitting the Bid Form, the Bidder certifies that, • This bid has been arrived at by the Bidder independently and has been submitted without collusion, and without any agreement, understanding, or planned common course, or action with, any vendor of materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition, and • The contents of the bid have not been communicated by the Bidder or its employees or agents to any person not an employee or an agent of the bidder or its surety on any bond furnished with the bid, and will not be communicated to any such person prior to the official opening of the bid. Page 8 of 39 Bid No. 2020048/IRC-1816 • No attempt has been made or will be made by the Bidder to induce any other person(s) or firm(s) to submit or not to submit a bid for the purpose of restricting competition. Public Entity Crimes: Pursuant to Florida Statutes Section 287.133(2)(a), all Bidders are hereby notified that 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, proposal, or reply on a contract to provide any goods or services to a public entity (defined as the State of Florida, any of its departments or agencies, or any political subdivision); 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 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 Florida Statutes Section 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 months from the date of being placed on the convicted vendor list. A "public entity crime" 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 with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Suspension and Debarment: Indian River County will not make award to parties listed on the government -wide exclusions in the System for Award Management (SAM). The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Scrutinized Companies Lists: The bidder certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Contractor certifies that it and those related entities of respondent as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. The County may terminate this Contract if Company is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if Company, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Accordingly, firms responding to this solicitation shall return with their response an executed copy of the attached "Certification Regarding Prohibition Against Contracting With Scrutinized Companies." Failure to return this executed form with submitted bid/proposal/statement of qualifications will result in the response being deemed non-responsive and eliminated from consideration. Non -Discrimination: Indian River County will not knowingly do business with vendors or contractors who discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing services to the County, Contractors shall affirmatively comply with all Page 9 of 39 Bid No. 2020048/IRC-1816 applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. Any person who believes their rights have been violated should report such discrimination to the County's Title VI/Nondiscrimination Coordinator through the office of the County Attorney. Local Preference: Indian River County has no local ordinance or preferences, as described in Florida Statutes section 255.0991(2) in place, therefore no preference prohibited by that section will be considered in the acceptance, review or award of this bid. Energy Policy and Conservation Act — The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Regulations: It shall be the responsibility of the bidder to assure compliance with any OSHA, EPA and / or other Federal or State of Florida rules, regulations, or other requirements, as each may apply. Applicable Law and Venue: The resulting Agreement and all rights and duties of the parties hereto shall be governed by the laws of the State of Florida, including but not limited to the provisions of the Florida Uniform Commercial Code Chapters 671-679 F.S., for any terms and conditions not specifically stated within. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Conflict of Interest: Any entity submitting a bid or proposal or entering into a contract with the County shall disclose any relationship that may exist between the contracting entity and a County Commissioner or a County Employee. The relationship with a County Commissioner or a County Employee that must be disclosed is as follows: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. The disclosure of relationships shall be a sworn statement made on a County approved form. Failure to submit the form may be cause for rejection of the bid or proposal. Cancellation: It is the intention of Indian River County to purchase material and / or services from sources of supply that will provide prompt and convenient shipment and service. Any failure of the supplier to satisfy the requirements of the County shall be reason for termination of the award. Errors: When an error is made in the bid extension of generating total bid prices or in any other process of completing the bid, the original unit prices submitted will govern. Carelessness in quoting prices, or in preparation of the bid otherwise, will not relieve the bidder from performance. Bid Rejection: Failure to comply with all the above instructions may result in rejection of the bid. Bid Protest: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. If the protest is not resolved by mutual agreement, the Purchasing Manager shall promptly issue a decision in writing, after consulting the Department and the Office of the County Attorney. Page 10 of 39 Bid No. 2020048/IRC-1816 Supplemental Information: The County reserves the right to conduct such investigations as it deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other relevant parties to perform and furnish the work. To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within 5 days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated time period. Failure to provide any requested information may result in the determination of the Bidder as non -responsible. Awards: The County reserves the right to cancel the bid, reject any and all bids or waive any irregularity or technicality in bids received. When it is determined there is no competition to the lowest responsive, responsible Bidder, rebidding the project is not required. Bidders are cautioned to make no assumptions unless their bid has been evaluated as being responsive. The County reserves the right to not make any award(s) under this bid. Termination by the County: The County reserves the right to terminate a contract by giving thirty (30) days notice, in writing, of the intention to terminate, if at any time the contractor fails to abide by or fulfill any of the terms and conditions of the contract. The County also reserves the right to terminate this contract for convenience of the County and / or with or without cause. Compliance with Laws and Regulations: Bidder agrees that they will comply with all Federal, State, and Local Laws and Regulations applicable to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by the resulting Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of contracts. Public Record Law: Correspondence, materials, and documents received pursuant to this Invitation for Bid become public records subject to the provisions of Chapter 119, Florida Statutes. Should the Bidder assert any exemptions to the requirements of Chapter 119, Florida Statutes, and related statutes, the burden of establishing such exemption, by the way of injunctive or other relief as provided by law, shall be upon the Bidder. Licensure: Bidder must possess State of Florida General Contractor's license Insurance: Owners and Subcontractors Insurance: The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Contractor's insurance. Worker's Compensation Insurance: The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in Page 11 of 39 Bid No. 2020048/IRC-1816 amounts not less than shown below. The owner shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General Commercial General (Public) Liability, A. Premises / Operations other than Automobile B. Independent Contractors C. Products / Completed Operations $1,000,000.00 Combined single limit D. Personal Injury for Bodily Injury and Property Damage E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile A. Owner Leased Automobiles B. Non -Owned Automobiles $1,000,000.00 Combined single limit C. Hired Automobiles Bodily Injury and Damage Liability D. Owned Automobiles • Proof of Insurance: The Contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming owner as Additional Insured must accompany the Certificate of Insurance. Indian River County reserves the right to accept or reject any or all bids in whole or in part and waive all any technicality or irregularity. Note: Any and all special conditions attached hereto, which may vary from these General Conditions, shall have precedence. End of General Terms and Conditions Page 12 of 39 Bid No. 2020048/IRC-1816 TECHNICAL SPECIFICATIONS SCOPE Construct landmark welcome signs at four roadway entry points within the County, those locations are; US Highway 1 near the North and South County lines; SR60 East of the 1-95 interchange; and CR 512 East of the interchange with 1-95. Each sign will have a steel reinforced concrete footing, steel reinforced block wall, stone veneer finish and steel powder coated retro -reflective painted lettering. List of Drawings: US Highway 1 (North) Existing Conditions & Proposed Sign Location Sheet C-1 1 sheet Structural (Sign notes, plan & elevations, details) Sheets S-1, S-2, S-3 3 sheets US Highway 1 (South) Existing Conditions & Proposed Sign Location Sheet C-1 1 sheet Structural (Sign notes, plan & elevations, details) Sheets S-1, S-2, S-3 3 sheets SR60 Existing Conditions & Proposed Sign Location Sheet C-1 1 sheet Structural (Sign notes, plan & elevations, details) Sheets S-1, S-2, S-3 3 sheets CR512 Existing Conditions & Proposed Sign Location Sheet C-1 1 sheet Structural (Sign notes, plan & elevations, details) Sheets S-1, S-2, S-3 3 sheets Total 16 sheets Regular working hours are defined as Monday through Friday, excluding Indian River County Holidays, from 7 a.m. to 5 p.m. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR. End of Technical Specifications Page 13 of 39 N FRcoG Indian River County Purchasing Division 1800 271h Street Vero Beach, FL 32960 • Phone (772) 226-1416 BID FORM PROJECT NAME: INDIAN RIVER COUNTY WELCOME SIGNS (IRC -1816) Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number -!�J 2020048 Friday, July 171h, 2020 Purchasing Division 1800 27th Street Vero Beach, FL 32960 Page 14 of 39 Date 2 PM Indian River County Purchasing Division purchasing@ircgov.com ADDENDUM NO. 1 Issue Date: 06/30/2020 Project Name: Indian River County Welcome Signs Bid Number: 2020048 Bid Opening Date: July 17, 2020 This addendum is being released to answer questions received to date. The information and documents contained in this addendum are hereby incorporated in the invitation to bid. This addendum must be acknowledged where indicated on the bid form, or the bid will be declared non-responsive. Attachments: Art Conceptual.pdf Questions and Answers 1. What is the "Lagoon" that is made from Koda XT? I do not see any shape or dimensions for it. Is there color art for the signs? See attached conceptual rendering to add explanation. The lagoon is the Intercostal Waterway that runs the length of the County. We will work with the awarded contractor to profile a CAD file or map to best scale the shape of representation. To scale size should be approximately 5" wide by the height of the sign. 2. What is the color for the Reflectionight powder? Black. DESIGN OPTION 2: COBBLESTONE FINISH WELCOME TO INDIAN RIVER COUNTY / Bid No. 2020048/IRC-1816 Bidder's Name In --dance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Item Description Unit Unit Price 1A U.S. Highway 1 (North) Site Work LS $ 113 U.S. Highway 1 (North) Structure LS $ Cha U.S. Highway 1 (North) Subtotal $ 2A U.S. Highway 1(South) Site Work LS 2B U.S. Highway 1 (South) Structure LS $ U.S. Highway 1(South) Subtotal $ 3A SR 60 Site Work LS LS $ $ 313 SR 60 Structure SR 60 Subtotal $ 4A CR 512 Site Work LS $ a!5c—,�O 413 CR 512 Structure LS $ CR 512 Subtotal $ L. } Total Sign Subtotal $"�� r ,) Force Account* $10,000 Total Bid Price $)�� * Force Account is only utilized for unforeseen conditions not anticipated in the scope or specifications, and is not guaranteed. Costs must be pre -approved and substantiated. The following documents must be submitted and made a condition of this Bid: A. Bid Form & Itemized Bid Schedule (pages 14 to 16, inclusive); B. Required Bid security in the form of C. Drug -Free Workplace Certification (page 17); D. Sworn Statement under Section 105.08, Indian River Code, on Disclosure of Relationships (pages 18 to 19, inclusive); Page 15 of 39 r Bid No. 2020048/IRC-1816 E. Bidders Qualifications Questionnaire (pages 20 to 22, inclusive); F. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 23); G. List of Subcontractors (page 24) The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Company Address: _ /rj, 2 04,i/� City, State � G fr// A� U/f 7 Zip Code %% Telephone: ����, /S"L� Fax:,' E-mail: S`�G11"r `y % � 1 �? ell, CUl" Business Tax Receipt Number: Florida CGC License Number: --"5 AA&V,C 2, %1- Authorized Signature: Name: Pri Page 16 of 39 FEIN Number:"��/�� Date: ,% —/3 Title:x�.,i�tE�}`` Bid No. 2020048/IRC-1816 DRUG-FREE WORKPLACE CERTIFICATION (Please include this form with your bid) Thf undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that _rte &,_j jCv �/Gi Sr< c �u-it/< Gc �� does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business'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 bid 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 bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. L-1,1rx- A jalv�zl c- Compan Name Bidde's Si nature Date: 13 Page 17 of 39 Bid No. 2020048/IRC-1816 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. 2020048 for INDIAN RIVER COUNTY WELCOME SIGNS (IRC -1816) 2. This sworn statement is submitted by: �' c'�:>�"1 31 �/Z,,j714 7 (Name of entity submitting Statement) whose business address is: and its Federal Employer Identification Number(FEIN) 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister- in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. Page 18 of 39 Bid No. 2020048/IRC-1816 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate or entity STATE OF F I Name of County Commissioner or employee COUNTY OF�- Relationship (Signature) (Date) Sworn to (or affirmed) and subscribed before me by means'5Rf M" physical presence or ❑ online notarization, this 110' day of 21 L� by PG.VU►.�.Dn0 �VGh�' Z (name f per n making statement). , / ,� 14 (1 *d'&t WZ I %T" / n !:�r (Signat re of Nory Public - StatffofFlorida (Print, Type, or Stamp mmissioned Name of Notary Public) %; KELLY MINOTT ;= Notary Public -State of Florida �• •' Commission M GG 967561 on who is personally known to me or ❑ who has produced °,au, My CommissJU y 0412024 Aires as identification. Page 19 of 39 Bid No. 2020048/IRC-1816 BIDDERS QUALIFICATIONS QUESTIONNAIRE NOTICE: THE OWNER RETAINS THE DISCRETION TO REJECT THE BIDS OF NON - RESPONSIBLE BIDDERS. UNDER PENALTY OF PERJURY, the undersigned Bidder Guarantees the truth and accuracy of all statements and answers herein contained. Failure to comply with these requirements may be considered sufficient justification to disqualify a Bidder. Attach additional sheets as required. Documentation Submitted with Project No: IRC -1816 Project Name: INDIAN RIVER COUNTY WELCOME SIGNS 1. Bidder's Name /Address: 2. Bidder's Telephone & FAX Numbers:--" % �` l3�plv;—,,29114 C�i/ 9-6'Y 3. Licensing and Corporate Status: a. Is Contractor License current? e b. Bidder's Contractor License o:i2;1,C/;? [Attach a copy of Contractor's License to the bid] C. Attach documentation from the State of Florida Division of Corporations that indicates the business entity's status is active and that lists the names and titles of all officers. 4. Number of years the firm has performed business as a Contractor in construction work of the type involved in this contract: 1 `' 5. What is the last project OF THIS NATURE that the firm has completed? 6. Has the firm ever failed to complete work awarded to you? 11 C [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which the firm failed to complete the work.] 7. Has the firm ever been assessed liquidated damages? I i L' [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which liquidated damages have been assessed.] 8. Has the firm ever been charged by OSHA for violating any OSHA regulations? i Ji ' Page 20 of 39 Bid No. 2020048/IRC-1816 [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which OSHA violations were alleged.] 9. Has the firm implemented a drug-free workplace program in compliance with Florida Statute 10 11 12 13. 14 15 `[:i 17 18 287.087? (In the case of a tie, preference will be given to businesses with drug-free workplace programs) Has the firm ever been charged with noncompliance of any public policy or rules? f7 6 [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project.] Attach to this questionnaire, a notarized financial statement and other information that documents the firm's financial strength and history. A %r> A Ct,.v t y Has the firm ever defaulted on any of its projects? h [If your answer is "yes", then attach a separate page to this questionnaire that explains the circumstances and list the project name, Owner, and the Owner's telephone number for each project in which a default occurred.] Attach a separate page to this questionnaire that summarizes the firm's current workload and that demonstrates its ability to meet the project schedule. Name of person who inspected the site of the proposed work for the firm: Name: F,64> 5jo4rr Date of Inspections: Name of on-site Project Foreman: Number of years of experience with similar projects as a Project Foreman: Name of Project Manager: Z /,-,:..- Citi " Number of years of experience with similar projects as a Project Manager: State your total bonding capacity: 114,111111 /.1 State your bonding capacity per job: 19. Please provide name, address, telephone number, and contact person of your bonding company:d Page 21 of 39 Bid No. 2020048/IRC-1816 19. Complete the following table for SIMILAR projects: Name of Project Date Completed Owner Contact Person: Name/ Email Address/Phone Original Contract Amount Final Contract Amount �ZGC i'%G��GCX=; s lxi I vC�Zr 1 a Page 22 of 39 Bid No. 2020048/IRC-1816 CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES (This form MUST be submitted with your bid) I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Name of Respondent:a�/I�9G%?�� By, � � (Authori d Sigyure) Title: C2z6fllc=�r Date: 7 1� Page 23 of 39 Bid No. 2020048/IRC-1816 LIST OF SUBCONTRACTORS The Bidder MUST list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Bids, additions, changes or substitutions will not be allowed unless approved by Indian River County after a request for such a change has been submitted in writing by the Contractor, which shall include reasons for such request. Subcontractors must be properly licensed and hold a valid Certificate of Competency. Documentation Submitted with Project No.IRC-1816 for INDIAN RIVER COUNTY WELCOME SIGNS Note: Attach additional sheets if required. Page 24 of 39 Work to be Performed Subcontractor's Name/Address Portion of Work 1. 111flo - 2. 3. 4. 5. 6. 7. 8. 9. 10. Note: Attach additional sheets if required. Page 24 of 39 tortrzots Detail byEnUtyName DIVISION OF CORPORATIONS Department of State / QNsion of Corporations / Search Records / Qeteil By Document Number / Detail by Entity Name Florida Limited Liability Company KENCO SIGN AND AWNING LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Principal Address 1539 GARDEN AVE. HOLLY HILL, FL 32117 Mailing Address 1539 GARDEN AVE. HOLLY HILL, FL 32117 L12000036255 45-5041877 03/13/2012 FL ACTIVE Registered Agent Name & Address 10/3/2018 Detail byEnbtyNa* WEBB, RAYMOND K 1539 GARDEN AVE. HOLLY HILL, FL 32117 Authorized Person(s) Detail Name Address Title MGR WEBB, RAYMOND 1539 GARDEN AVE. HOLLY HILL, FL 32117 Annual Reports Report Year Filed Date 2016 02/01/2016 2017 03/16/2017 2018 04/17/2018 Document Images 04/17/2018 — ANNUAL REPORT View image in PDF *mnat 03/16/2017 — ANNUAL REPORT _ View image in PDF lbmmat j 02/01/2016 — ANNUAL REPORT View image in PDF format 04/23/2015 — ANNUAL REPORT View image in PDF format 03/19/2014 — ANNUAL REPORT View image in PDF format 04/03/2013 — ANNUAL REPORT View image in PDF format i i 03/13/2012 --Florida Limited Liability View image in PDF format - �i RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY �IEP`�1'T O F PROFESSIONAL ELC7ROCAL-.CON:,T,,.RAttbkS,LICENS,ING BOARD THE SPECIALTY ELECTRICAL CONTRACTORHEREI,N IS CERTIFIED UNDER THE PROVISIONS, OF CH TER 4$9 = FLORfPXSTATUTES BBi RAY- -M0ND - .. KINCOSIGWA D A- NING 1.LC 153., GARDEKAVE HOS y H1l.L. 1=1.32117 r._. IF ;:. . LICENSE NUMBIER: ES12001286 EXPIRATIONDAT :-AyGUST 31, 2020 Always verify licenses online at MyFloridaLicense.com �Q Do not alter this document in any form. • • ' This is your license. It is unlawful for anyone other than the licensee to use this document. it ,Honda I ("1 Z `�- Bid No. 2020048/IRC-1816 AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Kenco Sign & Awning, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construct landmark welcome signs at four roadway entry points within the County, those locations are; US Highway 1 near the North and South County lines; SR60 East of the 1-95 interchange; and CR 512 East of the interchange with 1-95. Each sign will have a steel reinforced concrete footing, steel reinforced block wall, stone veneer finish and steel powder coated retro -reflective painted lettering. ARTICLE 2 -THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: INDAIN RIVER COUNTY WELCOME SIGNS (IRC -1816) Bid Number: 2020048 Project Address: US Highway 1 near the North and South County lines; SR60 East of the 1-95 interchange; and CR 512 East of the interchange with 1-95. ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90 calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final Bid No. 2020048/IRC-1816 additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. On a form provided by the OWNER, each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 — PUBLIC CONSTRUCTION BOND 6.01 Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. If bid does not exceed $100,000, no Public Construction Bond will be required. A. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security Bid No. 2020048/IRC-1816 G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2020048; (2) CONTRACTOR'S Bid Form (pages 14to 16 inclusive); (3) Drug Free Workplace Form (page 17); (4) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19, inclusive); (5) Bidders Qualifications Questionnaire (pages 20 to 22, inclusive); (6) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 23 (7) List of Subcontractors (page 24); (8) List of Drawings US Highway 1 (North) Existing Conditions & Proposed Sign Location Sheet C-1 1 sheet Structural (Sign notes, plan & elevations, details) Sheets S-1, S-2, S-3 3 sheets US Highway 1 (South) Existing Conditions & Proposed Sign Location Sheet C-1 1 sheet Structural (Sign notes, plan & elevations, details) Sheets S-1, S-2, S-3 3 sheets SR60 Existing Conditions & Proposed Sign Location Sheet C-1 1 sheet Structural (Sign notes, plan & elevations, details) Sheets S-1, S-2, S-3 3 sheets CR512 Bid No. 2020048/IRC-1816 A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) 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 records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from 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 records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. Bid No. 2020048/IRC-1816 E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s, 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. [The remainder of this page was left blank intentionally] Bid No. 2020048/IRC-1816 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on August 18 . 2020 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: �Oh1M�Ss�.y INDIAN RIVER COUNTY san s, Chairm `=?oma:• oma. (Contractor)?;'q�� .: By: (CORPORATE L) . .... � .,:.% ��� �• s�Jv O to .�$ Jason E Bro n, County Administrator < Fi Attest (� APPROVED TO FO AN L ICIENCY: Y Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: James W. Ennis, P.E., PMP Title: Assistant Public Works Director Address: 180127"' Street. Vero Beach, FL 32960 Phone: (772) 226-1221 Email: Tennis@ircgov.com Address for giving notices: ? Cr.-we,0 AVg //-7 g //-7 License No.CSD (Where applicable) Agent for service of process: Designated Representative: Name:ilr, 15;04rr Title: 1herr?a���' Address: IL X h��// -/ 3:.2 // .-7 Phone: 93Y -J" lf,!Z Email: S�)grrU')af -GUh2 (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Bid No. 2020048/IRC-1816 PUBLIC CONSTRUCTION BOND INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. Page 35 of 39 Bid No. 2020048/IRC-1816 Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Page 36 of 39 Bid No. 2018045/IRC-1523 PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We as Principal and a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings; that Owner sustains because of a default by Principal under the contract; and 4. Performs the 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. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON Page 37 of 39 (Name of Principal) By (As Attorney in Fact) (Name of Surety) ACC)R f CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 05/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. LTR 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). INSD PRODUCER Brown & Brown of Florida, Inc. P.O. BOX 2412 CONTACT Julie Kuhlman NAME: EFF MM/DD/YYYY PHONE (386) 239-5742 FAX Ext AIC, No LIMITS E-MAIL ADDRESS: 1kuhlman@bbdaytona.COm X COMMERCIAL GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE NAIC p Daytona Beach FL 32115-2412 INSURERA: Scottsdale Insurance Company 41297 INSURED KENCO SIGN AND AWNING, LLC 1539 GARDEN AVE. INSURER B: Auto Owners Insurance Company 18988 INSURER C: National Union Fire Insurnace Company of Pittsburg, PA 19445 INSURER D: XL Specialty Insurance Company 37885 INSURER E: EACH OCCURRENCE 1,000,000 DA N 100,000 PREMISES Ea occurrence $ HOLLY HILL FL 32117 INSURER F: r0VFRArPQ on o, --- -----'--'-•--._. r%rvtaIUN tYUMt3tK: 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 CONTRACTOR 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. INSRPOLICY LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR EACH OCCURRENCE 1,000,000 DA N 100,000 PREMISES Ea occurrence $ MED EXP (Anyone person) $ 5,000 A CPS7109252 05/16/2020 05/16/2021 PERSONAL &ADV INJURY $ 1.000,000 GENL AGGREGATE LIMIT APPLIES PER' ❑X r GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 JPRO- POLICY ECT LOC —B OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY (Per person) $ B OWNED SCHEDULED AUTOS ONLY AUTOS 4213596701 05/16/2020 05/16/2021 BODILY INJURY (Per accident) $ HIRED AUTOS ONLY AUTOS ONLY PERT PROPERTY DAMAGE HNON-OWNED Per accident)$ PIP $ 10,000 UMBRELLA LIAB X OCCUR C X EXCESS LIAB CLAIMS -MADE EBU020434543 05/16/2020 05/16/2021 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I I RETENTION $ WORKERS COMPENSATION $ PEROTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. EACH ACCIDENT $ (Mandatory In If yes, describe under E.L. DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Inland Marine Leased/Rented 25,000 D UM00076593MA20A 05/16/2020 05/16/2021 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) SEE NOTES FOR POLICY COVERAGE FORMS. rrorrrrrwrr unr non INDIAN RIVER COUNTY BUILDING DEPARTMENT 180127TH STREET VERO BEACH ACORD 25 (2016/03) 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 FL 32960 I 2!!�_ S , ' ' 'uoo•cu IO A%,UKU GUKPURATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC R AGENCY CUSTOMER ID: 00072934 LOC #: ADDITIONAL REMARKS SCHEDULE Page AGENCY NAMED INSURED Brown 8 Brown of Florida, Inc. KENCO SIGN AND AWNING, LLC POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL RFMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes BLANKET POLICY FORMS: GENERAL LIABILITY: 1) CG2503 0509 - DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT (PER PROJECT AGGREGATE) 2) CG2033 -ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (ADDITIONAL INSURED ONGOING OPERATIONS) 3) GLS448S -ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS - COMPLETED COMMERCIAL OPERATIONS (ADDITIONAL INSURED - COMPLETED OPERATIONS) 4) CG2011 - ADDITIONAL INSURED - MANAGER OR LESSOR OF PREMISES 5) CG2404A- WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 6) CG2001 0413 - PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION AUTO LIABILITY: 1) 58504 0115 - DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE(ADDITIONAL INSURED) 2) 58583 0115 - WAIVER OF TRANSFER OF RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION - BLANKET (WAIVER OF SUBROGATION) EXCESS LIABILITY 1) 90269 1109 - PRIME EXPRESS POLICY - (FOLLOW FORM OVER THE GENERAL LIABILITYAND AUTO LIABILITY) INLAND MARINE 1) HCM050 0112 - CONTRACTORS EQUIPMENT COVERAGE SOLUTIONS (BLANKET LOSS PAYEE) ACORD 101 (2008101) The ACORD name and logo are registered marks of ACORD 2008 TION. All rights reserved. ACC) UICERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/13/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SUNZ Insurance Solutions, LLC. ID: (TLR) c/o TLR of Bonita, Inc 700 Central Ave, Suite 500 St. Petersburg, FL 33701 CONTAPRODUCER NAME: Workers'Comp Department _ PHONE 727-520-7676 x 3 alc No : E-MAIL 727-525-3862 ADDRESS: certsna encorehr.com INSURER(S) AFFORDING COVERAGE NAR: / INSURER A: SUNZ Insurance Company 34762 ---------------------- INSURED TLR of Bonita, Inc INSURER B: -- —_ INSURER C :- EnterpriseH R 700 Central Avenue Suite 500 St. Petersburg FL 33701 INSURER D: INSURER E: INSURER F: RCVIJIVIV IVUMDt K: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBRPOLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MM/DD LIMITS COMMERCIALGENERAL LIABILITY CLAIMS -MADE �J OCCUR 171 EACH OCCURRENCE $ DAMA 'ToRENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE a LOC GENERAL AGGREGATE $ ---- ------- PRODUCTS - COMP/OP AGG $ OTHER. ---- $ AUTOMOBILE LIABILITY ANY AUTO � OWNED SCHEDULED COMBINED SINGLE LIMB $ (Ea accident) _ — BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ - AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ _ UMBRELLA LIAR EXCESS LU\B OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ A DEO RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LULBILITY Y / N ANYPROPRIETOR/PARTNER/EXEC UTIVE OFFICER/MEMBEREXCLUDED? ❑ NIA WC016-00001-020 6/1/2020 6/1/2021 $ PER OTH- ✓ STATUTE ER E.L. EACH ACCIDENT $ 1 000 000.00 (Mandatory in NH)E.L. If yes, describe under _ DISEASE - EA EMPLOYEE $ 1 0 0 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 000 000.00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Coverage Provided for all leased employees but not Subcontractors of: Kenco Sign and Awning LLC Client Effective: 2/11/2020 9830 Indian River County Building Department 1801 27th Street Vero Beach FL 32960 ACORD 25 (2016/03) 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 -, Rick Leonard v cwQ-av is M',VKU I;UKYUKATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 5654042E I TLR of Bonita PEO 016 MASTER CERT I Francine Jackson 1 7/;3/2020 2:34:00 PM (EDT) I Page 1 of 1 Bid No. 2018045/IRC-1523 NOTICE TO PROCEED Dated TO: (BIDDER) ADDRESS: Contract For: INDIAN RIVER COUNTY WELCOME SIGNS (Insert name of Contract as it appears in the Contract Documents) Project No: IRC -1816 IRC Bid No. 2020048 You are notified that the Contract Times under the above contract will commence to run on By that date, you are to start performing your obligations under the Contract Documents. The contract has allocated 90 calendar days for Substantial Completion of this project and 120 calendar days for Final Completion. In accordance with Article 3.2 of the Agreement the date of Substantial Completion is and the date of readiness for final payment is CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under "Instructions to Bidder, General Terms and Conditions" and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 6 of the Agreement. Also, before you may start any Work at the Site, you must: (add other requirements, if applicable) INDIAN RIVER COUNTY (Owner) (Authorized Signature) (Title) Page 39 of 39 SUBMITTAL/APPROVAL LETTER To: John Olson, P.E. District or Turnpike Design Engineer Date: 3/27/20 FORM 122-A Financial Project ID: New Const. ✓❑ RRR ❑ Federal Aid Number: Project Name: Indian River County Welcome Sign State Road Number: 5 Co./Sec./Sub. Indian River County Begin Project MP: 22.27 End Project MP: 22.27 FHWA Project of Division Interest: Yes❑ No❑ Request for: Design Exception ❑ Design Variation ❑ Community Aesthetic Feature: Conceptual ❑ Final ❑✓ Re submittal: Yes ✓❑ No❑Original Ref# 202OM-490 -❑ - 0001 Requested for the following element(s): Design Speed Lane Width ❑ Shoulder Width ❑ Cross Slope Design Loading Structural Capacity Vertical Clearance ❑ Maximum Grade ❑ Stopping Sight Distance Superelevation Horizontal Curve Radius ❑✓ Other Co ntV Fntranre Sign Construction of an Indian River County welcome monument sign in two locations: a) within the US 1 (SR 5) ROW south of Highland Drive SE. b) in the median of US 1 (SR 5) south of the St. Sebastian River bridge. Responsible Professional Engineer or Landscape Architect (Landscape -Only Projects) Approvals: a--- n, 5/14/20 District or Turnpike Design Engineer >�� ^ Date 7/16/20 District Secretary N/A Date Chief Engineer N/A District Structures Design Engineer N/A State Structures Design Engineer N/A FHWA Division Administrator Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010-10 COMMUNITY AESTHETIC FEATURE AGREEMENT ROAD OGC- M17IG OGC 17 Page 1 of 12 State Road/Local Road SR 5 Section No. 88010 CAFA No. 2020 M 490 00001 This Community Aesthetic Feature Agreement ("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department") and Indian River County ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ❑Public Art, ®Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR 5 at MP22.27 in Indian River County, Florida ("Project"). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective Date") and continue through , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within ( ) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: ❑Public Art, ®Local Identification Marker], as more fully described in the plans in Exhibit "A", attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit "D". The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However, this permissive use of the Department's right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department's District Design Engineer, located at 3400 West Commercial Boulevard Fort Lauderdale FI 33309 . The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department's requirements, and the Department expressly 625-010-10 ROADWAY DESIGN OGC - 08/17 Pape 2 of 12 disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT') throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Patricia Evans at (239) 841-3980 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit "C". i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this Agreement 825-010-10 ROADWAY DESIGN OGC - 08117 Page 3 of 12 as Exhibit "E". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/ subcontractor's/ consultant's/ subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Inspect all sign surfaces every six (6) months for excessive deterioration@ Inspect Structural Components yearly: Inspect Sign Lighting every six (6) months: Conduct Vegetation Control quarterly: maintenance and routine repair of structural features of the aluminum cabinets affixed letters and all mechanical and electrical systems including but not limited to periodic touchup of all steel and aluminum surfaces replacement of damaged or missing cast stone travertine cladding and/or aluminum and steel members graffiti removal, pressure washing and electrical/mechanical periodic inspections and repairs m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. 625-010-10 ROADWAY DESIGN OGC - 08117 Page 4 of 12 District Maintenance Engineer, Date: n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT FOUR PROGRAM MANAGER District Maintenance Engineer 3400 West Commercial Boulevard, Fort Lauderdale, FI 33309 Phone: 954-486-1400 Fax: 954-777-4223 Indian River County COUNTY [OR CITY], FLORIDA Dept of Public Works, Engineering Division 1801 27th Street 62"10-10 ROADWAY DESIGN OGC - 08/17 Page 5 of 12 Vero Beach Florida 32960 Phone: (772) 226-1931 Fax: (772) 778-9391 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement, 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 625-010-10 ROADWAY DESIGN OGC - 06/17 Page 6 of 12 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON -ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 7 of 12 Section No. 88010 CAFA No. 2020 M 490 00001 AGENCY Indian River Count By: Prin a Susan Adams F, Title: Chairman ' �r couiity �•• As approved by the Council, Board, or `""' Commission on: May 5, 2020 Attest: L gal R iew: - 7. r County Attorney }1 DEPARTMENT State of Florida, Department of Transportation Print Name: Steve C. Braun, P.E. Title: Director of Development Date: 7/16/2020 Legal Review: Attest: Jeffrey R. Smith. Clerk of Circuit Court and Comptroller AiaAdk'� Deputy Clerk 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 8 of 12 Section No. 88010 CAFA No. 2020-M-490-00001 EXHIBIT "A" PROJECT DESCRIPTION SCOPE OF SERVICES Indian River County intends to construct County's Welcome Signs at (2) locations within the FDOT right of way. These tow locations are "North County", within the median of US Hwy 1 (SR5) just south of the Sebastian River/Indian River Lagoon Bridge and "South County", within the eastern right of way of US Hwy 1. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Rodolfo Villamizar P.E./R. L.A./Architect and dated 06/24/2020 . Any revisions to these plans must be approved by the Department in writing. Section No. 88010 EXHIBIT "B" 625-010.10 ROADWAY DESIGN OGC - 08/17 Page 9 of 12 CAFA No. 2020 M 490 00001 SPECIAL PROVISIONS During construction, highest priority should be given to ensure pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans with Disability Act (ADA) standards. • A copy of this permit and plan will be on the job site at all times during the construction of this facility. 625-010-10 ROADWAY DESIGN OGC - 06117 Page 10 of 12 Section No. 88010 CAFA No. 2020 M 490 00001 EXHIBIT "C" TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT • All maintenance of traffic (MOT) will be in accordance with the Department's current edition of the Design Standards, (102-600 series). The Operations Engineer or his designee reserves the right to direct the removal/relocation/modification of any traffic device(s) at the Permittee's sole expense. Section No. 88010 EXHIBIT "D" AGENCY RESOLUTION See attached 625-010-10 ROADWAY DESIGN OGC - M17 Page 11 of 12 CAFA No. 2020 M 490 00001 RESOLUTION NO. 2020-039 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF COMMUNITY AESTHETIC FEATURE AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THREE (3) WELCOME SIGNS AT THE ENTRANCES TO INDIAN RIVER COUNTY ON SOUTH U.S. HIGHWAY 1, NORTH U.S. HIGHWAY 1 AND WEST ON STATE ROAD 60. WHEREAS, Indian River County (County) has designed, engineered and is prepared to construct decorative signs welcoming travelers to Indian River County; and WHEREAS, three of the signs will be located on Florida Department of Transportation (FDOT) rights- of-way: one on north bound U.S. Highway 1 right-of-way near the St. Lucie County line, one on south bound U.S. Highway 1 right-of-way near the Brevard County line and one on east bound State Road 60 right-of- way near the 1-95 Interchange; and WHEREAS, the FDOT has requested the Indian River County Board of County Commissioners (Board) to execute and deliver Community Aesthetic Feature Agreements to the FDOT for the aforementioned project(s); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Community Aesthetic Feature Agreements for the aforementioned project(s). The foregoing resolution was offered by Commissioner 0' Bryan who moved its adoption. The motion was seconded by Commissioner Zorc and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution passed and adopted this 5th day of May 2020. BOARD OF COUNTY COMM OF—Wf)tAALRIVER COUNTY! By. Attest: Jeffrey R. Smith, Clerk of Court (a d Comptrollr By: Deputy Clerk A �veF as to W ciency William K. DeBraal, Deputy County Attorney san'Adams, Chairman ION •�pntR9fgs!• A �t . ,...... ,. oA�F9 •. '• !I'Eq COUttt>• 625-010.10 ROADWAY DESIGN OGC - 06/17 Page 12 of 12 Section No. 88010 CAFA No. 2020 M 490 00001 EXHIBIT "E" NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and Indian River County PROJECT DESCRIPTION: In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of .20 J Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans certified by the Engineer of Record. SEAL: By: Name: Date: CCO �® AV l`/iR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD YYYY) 5/7/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 200 S. Orange Avenue Suite 1350 CONTACT NAME: Carmen J. Bishop PHONE 407-563-$546 Fa,No E-MAIL ADDRESS: CertRequests@ajg.com INSURER(S) AFFORDING COVERAGE NAICIII Orlando FL 32801 INSURER A: Lloyd's S nd 2987 PK1017420 INSURERS: Safety National Casualty Corporation 15105 _ INSURED INDIRIV-04 Indian River County Board of County Commissioners Attention: Beth Martin INsuRERc: Evanston Insurance Company 35378 INSURER D: 1800 27th Street INSURER E: Vero Beach FL 32960 INSURER F: COVERAGES CERTIFICATE NUMBER: 59123825 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLTYPE INSO SUER POLICY NUMBER MM/DD 1 EFF POLICY EXP (MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY PK1017420 5/1/2020 5/1/2021 EACH OCCURRENCE $2,000,000 _7 CLAIMS -MADE FXI OCCUR DAMAGE TO PREMISES EaENTED occumence $ MED EXP (Any one person) $ X SIR $200,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY D PRO- F LOC PRODUCTS - COMP/OP AGG $ $ OTHER: A AUTOMOBILE LIABILITY PK1017420 5/1/2020 5/1/2021 (CEO, accidentMBINED SINGLE LIMIT $2,000,000 _ BODILY INJURY (Per person) $ AUTO IANY OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ X SIR $200,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVEN SP4063018 5/1/2020 5/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? /A E.L. DISEASE - EA EMPLOYEE $ 2,000,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 C Auto Physical Damage MKLV31Mo047429 5/1/2020 5/1/2021 Per Occurrence 21,600,696 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation & Employer's Liability Policy SIR $650,000 Evidence of insurance for IRC -1816, County Welcome Signs, 2020-M-490-00001 and 2020-M-490-00002. Florida Department of Transportation is included as additional insureds, as allowable by FL Statute 768.28 Florida Department of Transportation 3601 Oleander Avenue Ft. Pierce FL 34982 L:ANUt:LLA I IUN 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED ASSURED: Indian River County BOCC Policy Number: PK1017420 Effective Date: May 1 , 2020 Authority Ref No: B0356JA281N19 Endorsement No. 12 CERTIFICATES OF INSURANCE It is hereby understood and agreed that holders of Certificates of Insurance issued against this Policy that are shown as Additional ASSUREDS are added to this Policy pursuant to the terms of this Policy as described in General Policy Definition 2. It is further agreed that holders of Certificates of Insurance issued against this Policy that are shown as Loss Payees are added to this policy as such but only to the extent of their interests in Property leased to the NAMED ASSURED as described in the Certificate. Where Certificates of Insurance are requested for Additional ASSUREDS who do not fall within General Policy Definition 2, prior agreement of Underwriters and subsequent endorsement of this Policy is required. General Policy Definition 2. ASSURED is stated as follows - 2. ASSURED means not only the NAMED ASSURED as stated on the Declarations, but also includes any past, present or future officials; members of boards or commissions; and trustees, directors, officers, volunteers, or employees of the NAMED ASSURED while acting within the scope of their duties as such. ASSURED shall also mean any person, organization, trustee or estate to whom the NAMED ASSURED is obligated by virtue of a written contract or written mutual aid agreement or other written agreement to provide insurance such as is offered by this policy; but only in respect to acts or operations by or on behalf of the NAMED ASSURED, and subject to the limitations on coverage contained in any such written contract or written mutual aid agreement or other written agreement. It is also agreed that, only where required by written contract between the NAMED ASSURED and the Certificate holder, this insurance shall be considered primary to any insurance held by the Certificate holder and theirs shall be excess. Except as amended in this Endorsement, this insurance is subject to all coverage terms, clauses and conditions in the policy to which this Endorsement is attached. Page 115 of 124 SUBMITTAL/APPROVAL LETTER To: John Olson, P.E. District or Turnpike Design Engineer Date: 3/27/20 FORM 122-A Financial Project ID: New Const. ❑✓ RRR ❑ Federal Aid Number: Project Name: Indian River County Welcome Signs State Road Number: 60 Co./Sec./Sub. Indian River County Begin Project MP: 29.59 End Project MP: 29.59 FHWA Project of Division Interest: Yes[] No❑ Request for: Design Exception ❑ Design Variation ❑ Community Aesthetic Feature: Conceptual ❑ Final ❑7 Re -submittal: Yes ❑✓ No❑Original Ref# 202OM-490 -0- 0002 Requested for the following element(s): Design Speed ❑ Lane Width ❑ Shoulder Width ❑ Cross Slope Design g Structural Capacity H Grade Stopping Sight Distance Supereleovado Horizontal Cuave Radius 2 Othem�m s❑ Construction of an Indian River County welcome monument sign located in the median of SR60, east of 90th Avenue. I l z/ rl Ste/ u Date v' Responsible Professional Engineer or Landscape Architect (Landscape -Only Projects) Approvals: \` a'— n.ro 5-14-20 District or Turnpike Design Engineer Date 7/21 /20 District Secretary N/A Date Chief Engineer N/A District Structures Design Engineer N/A State Structures Design Engineer N/A FHWA Division Administrator ate STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010-10 COMMUNITY AESTHETIC FEATURE AGREEMENT ROADWOGODEOS 117 Pape 1 of 12 State Road/Local Road SR60 Section No. 88060 CAFA No. 2020 M 490 00002 This Community Aesthetic Feature Agreement ("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department") and Indian River County ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: []Public Art, ®Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road SR 60 at MP29.59 in Indian River County, Florida ("Project"). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective Date") and continue through , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within ( ) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: []Public Art, ®Local Identification Marker], as more fully described in the plans in Exhibit "A", attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit "D". The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However, this permissive use of the Department's right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department's District Design Engineer, located at 3400 West Commercial Boulevard Fort Lauderdale FI 33309 . The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such plans and improvements satisfies the Department's requirements, and the Department expressly 625-010-10 ROADWAY DESIGN OGC - 06!17 Page 2 of 12 disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that maybe required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Patricia Evans at (239) 841-3980 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit "C". i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed and sealed by the responsible professional for the project, the form of which is attached to this Agreement 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 3 of Q as Exhibit "E". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/ subcontractor's/ consultant's/ subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Inspect all sign surfaces every six (6) months for excessive deterioration: Inspect Structural Components yearly: Inspect Sign Lighting every six (6) months: Conduct Vegetation Control quarterly: maintenance and routine repair of structural features of the aluminum cabinets, affixed letters, and all mechanical and electrical systems including, but not limited to, periodic touchup of all steel and aluminum surfaces, replacement of damaged or missing cast stone travertine cladding and/or aluminum and steel members, graffiti removal, pressure washing and electrical/mechanical periodic inspections and repairs. m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of $ . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 4 of 12 District Maintenance Engineer, Date: n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/ consultant/ subconsultant, its officers, agents or employees." The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/ con sultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT FOUR PROGRAM MANAGER District Maintenance Engineer 3400 West Commercial Boulevard, Fort Lauderdale, FI 33309 Phone: 954-486-1400 Fax: 954-777-4223 Indian River County COUNTY [OR CITY], FLORIDA Dept of Public Works, Engineering Division 1801 27th Street 625-010-10 ROADWAY DESIGN OGC - 06/17 Page 5 of 12 Vero Beach, Florida, 32960 Phone: (772) 226-1931 Fax: (772) 778-9391 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 6 of 12 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON -ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. Section No. 88060 AGENCY Indian River Count MISsj� By: PriCNaMIE!�:_Susan Adams Title: Chairman '•�.R�t%ER COU As approved by the Council, Board, or , .� Commission on: May 5. 2020 Attest: Le al Re iew: , l" t'it9br County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Steve C. Braun, P.E. Title: Director of Development Date: Legal Review: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptl oller J/ > ! ahiI Deputy Clerk 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 7 of 12 CAFA No. 2020 M 490 00002 625-010-10 ROADWAY DESIGN OGC - 08/17 Page 8 of 12 Section No. 88060 CAFA No. 2020-M-490-00002 EXHIBIT "A" PROJECT DESCRIPTION SCOPE OF SERVICES Indian River County intends to construct County Welcome Signs in the County's west corridor within the FDOT right of way. This location is Central County West and is proposed to be within the existing median of SR60 east of 90"' Avenue in Vero Beach. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Rodolfo Villamizar P.E./R. L.A./Architect and dated 07/16/2020 . Any revisions to these plans must be approved by the Department in writing. 625-010-10 ROADWAY DESIGN OGG - 06117 Page 9 of 12 Section No. 88060 CAFA No. 2020 M 490 00002 EXHIBIT "B" SPECIAL PROVISIONS During construction, highest priority should be given to ensure pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans with Disability Act (ADA) standards. • A copy of this permit and plan will be on the job site at all times during the construction of this facility. Section No. 88060 CAFA No EXHIBIT "C" 625.010-10 ROADWAY DESIGN OGC - 06/17 Page 10 of 12 2020 M 490 00002 TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT • All maintenance of traffic (MOT) will be in accordance with the Department's current edition of the Design Standards, (102-600 series). The Operations Engineer or his designee reserves the right to direct the removal/relocation/modification of any traffic device(s) at the Permittee's sole expense. 625-010.10 ROADWAY DESIGN OGC - 08117 Page 11 of 12 Section No. 88060 CAFA No. 2020 M 490 00002 EXHIBIT "D" AGENCY RESOLUTION See attached RESOLUTION NO. 2020-039 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF COMMUNITY AESTHETIC FEATURE AGREEMENTS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THREE (3) WELCOME SIGNS AT THE ENTRANCES TO INDIAN RIVER COUNTY ON SOUTH U.S. HIGHWAY 1, NORTH U.S. HIGHWAY 1 AND WEST ON STATE ROAD 60. WHEREAS, Indian River County (County) has designed, engineered and is prepared to construct decorative signs welcoming travelers to Indian River County; and WHEREAS, three of the signs will be located on Florida Department of Transportation (FDOT) rights- of-way: one on north bound U.S. Highway 1 right-of-way near the St. Lucie County line, one on south bound U.S. Highway 1 right-of-way near the Brevard County line and one on east bound State Road 60 right-of- way near the 1-95 Interchange; and WHEREAS, the FDOT has requested the Indian River County Board of County Commissioners (Board) to execute and deliver Community Aesthetic Feature Agreements to the FDOT for the aforementioned project(s); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Community Aesthetic Feature Agreements for the aforementioned project(s). The foregoing resolution was offered by Commissioner 0' Bryan who moved its adoption. The motion was seconded by Commissioner Zorc and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Tim Zorc AYE The Chairman thereupon declared the resolution passed and adopted this 5th day of May 2020. BOARD OF COUNTY COMM OFJNf) A-kRIVER COUNTY! LZ Attest: Jeffrey R. Smith, Clerk of Court �'!d Comptroller/By: (Z 0 Depu y Clerk A r ve as to orm e l u iciency William K. DeBraal, Deputy County Attorney nNdams, Chairman '�p�4 R11S,� j`• QJ����,/ oA�`c9s, Section No. 88060 CAFA No. EXHIBIT "E" 625-010-10 ROADWAY DESIGN OGC - 06/17 Page 12 of 12 2020 M 490 00002 NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and Indian River County PROJECT DESCRIPTION: In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of .20 By: _ Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans certified by the Engineer of Record. SEAL By: Name: Date: --, ® A 0 EY CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/7/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 Arthur J. Gallagher Risk Management Services, Inc. 200 S. Orange Avenue Suite 1350 CONTACT NAME: Carmen J. Bishop P"°NE 407-563-3546 FAX No E-MAIL ADOREss: certRequests@ajg.com INSURERS AFFORDING COVERAGE NAIC # Orlando FL 32801 INSURER A: Lloyd's S nd 2987 INSURED INDIRIV-04 Indian River County Board of County Commissioners Attention: Beth Martin INSURER B: Safety National Casualty Corporation 15105 INSURER C: Evanston Insurance Company 35378 EACH OCCURRENCE $2,000,000 1800 27th Street INSURER D INSURER E Vero Beach FL 32960 INSURER F: nwoownC�+ f`CDTICI!`ATC NIIMRI=R• rO1 )AR9F Wil-V131UN NIJMMLK: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEiNSD ADULTS I -u- WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MWDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY PK1017420 5/1/2020 5/1/2021 EACH OCCURRENCE $2,000,000 CLAIMS -MADE [xl OCCUR DAMAGE TO PREM SES (EaENTED occurrence) $ MED EXP (Any one person) $ X SIR $200,000 PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COM P/OPAGG $ X POLICY ❑ PRO- JECT ❑ LOC OTHER: A AUTOMOBILE LIABILITY PK1017420 5/1/2020 5/1/2021 COMBINED SINGLE LIMIT $2,000,000 Ea accident BODILY INJURY (Per person) $ AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED IANY AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ X SIR $200,000 UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ B WORKERS COMPENSATION SP4063018 5/1/2020 5/1/2021 X I STATUTE ETH AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) N I A E.L. DISEASE - POLICY LIMIT $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below C Auto Physical Damage MKLV31M0047429 5/1/2020 5/1/2021 Per Occurrence 21,600,696 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation & Employer's Liability Policy SIR $650,000 Evidence of insurance for IRC -1816, County Welcome Signs, 2020-M-490-00001and 2020-M-490-00002. Florida Department of Transportation is included as additional insureds, as allowable by FL Statute 768.28 P`c OTICI!`ATc unl nro CONCFI I OTION U 1988-2015 AGUKU GUKYUKA I IUNI. An rlgnis reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Florida Department of Transportation 3601 Oleander Avenue Ft. Pierce FL 34982 AUTHORIZED REPRESENTATIVE U 1988-2015 AGUKU GUKYUKA I IUNI. An rlgnis reserves. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED ASSURED: Indian River County BOCC Policy Number: PKI017420 Effective Date: May 1, 2020 Authority Ref No: B0356JA281 N 19 Endorsement No. 12 CERTIFICATES OF INSURANCE It is hereby understood and agreed that holders of Certificates of Insurance issued against this Policy that are shown as Additional ASSUREDS are added to this Policy pursuant to the terms of this Policy as described in General Policy Definition 2. It is further agreed that holders of Certificates of Insurance issued against this Policy that are shown as Loss Payees are added to this policy as such but only to the extent of their interests in Property leased to the NAMED ASSURED as described in the Certificate. Where Certificates of Insurance are requested for Additional ASSUREDS who do not fall within General Policy Definition 2, prior agreement of Underwriters and subsequent endorsement of this Policy is required. General Policy Definition 2. ASSURED is stated as follows - 2. ASSURED means not only the NAMED ASSURED as stated on the Declarations, but also includes any past, present or future officials; members of boards or commissions; and trustees, directors, officers, volunteers, or employees of the NAMED ASSURED while acting within the scope of their duties as such. ASSURED shall also mean any person, organization, trustee or estate to whom the NAMED ASSURED is obligated by virtue of a written contract or written mutual aid agreement or other written agreement to provide insurance such as is offered by this policy; but only in respect to acts or operations by or on behalf of the NAMED ASSURED, and subject to the limitations on coverage contained in any such written contract or written mutual aid agreement or other written agreement. It is also agreed that, only where required by written contract between the NAMED ASSURED and the Certificate holder, this insurance shall be considered primary to any insurance held by the Certificate holder and theirs shall be excess. Except as amended in this Endorsement, this insurance is subject to all coverage terms, clauses and conditions in the policy to which this Endorsement is attached. Page 115 of 124