columbia county board of county · pdf filecolumbia county board of county commissioners ......

Invocation (Commissioner Ronald Williams)

Pledge to U.S. Flag

Staff or Commissioner Additions or Deletions to Agenda

Approval of Agenda

Presentation of the Board Not Requiring Board Vote or Action

Cross Neeley, Columbia High School Student - Students Working Against Tobacco

(1) Florida Youth Tobacco Survey Results

Public Comment on Agenda Items Only – 5 Minute Limit

Approval of Consent Agenda

Adoption of Consent Agenda

Discussion and Action Items

Joel Foreman, County Attorney

(1) Update on Easement Acquisition for Ellisville Utility Expansion (Pg. 1)

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERSPOST OFFICE BOX 1529

LAKE CITY, FLORIDA 32056-1529

COLUMBIA COUNTY SCHOOL BOARD ADMINISTRATIVE COMPLEX372 WEST DUVAL STREETLAKE CITY, FLORIDA 32055

AGENDA

February 2, 2017

5:30 P.M.

Kevin Kirby, Assistant County Manager

(1) Ellisville Waste Water Treatment Plant Construction (Pg. 2)

(2) Solid Waste Collection Agreement Update (Pg. 42)

Ben Scott, County Manager

(1) Staffing for Adequate Fire & Emergency Response Grant - Addition of Six Firefighter Positions (Pg. 43)

(2) Memorandum of Understanding Lake Shore Hospital Access Road (Pg. 45)

(3) Approval of FDOT Financial Project 437416-1-54-01 Compensation Agreement and Resolution # 2017R-1 - Design of the Lake Shore Boulevard Access Road - $410,000 - BA # 17-23 (Pg. 48)

Open Public Comments to the Board – 2 Minute Limit

Staff Comments

Commissioner Comments

Adjournment

Update on Easement Acquisition for Ellisville Utility Expansion

X

Fund:

X

1. Nature and purpose of agenda item:

Attach any correspondence information, documents and forms for action i.e., contract agreements, quotes, memorandums, etc.

2. Fiscal impact on current budget.

Is this a budgeted item? N/A

Yes Account No.

No Please list the proposed budget amendment to fund this request

Budget Amendment Number:

FROM: TO: AMOUNT:

For Use of County Manger Only:

Discussion ItemConsent Item

COLUMBIA COUNTY BOARD OF COUNTY COMMISSIONERSAGENDA ITEM REQUEST FORM

The Board of County Commissioners meets the 1st and 3rd Thursday of each month at 5:30 p.m. in the Columbia County School Board Administrative Complex Auditorium, 372 West Duval Street, Lake City, Florida 32055. All agenda items are due in the Board’s office one week prior to the meeting date.

Today's Date: Meeting Date:

Name: Department:

01/26/2017 February 2, 2017

County Attorney Joel Foreman

Division Manager's Signature:

# 13

p. 1

Ellisville WWTP Construction Bid Award $1,344,642

X

Fund:

405-3501-535-6063X





Yes Account No.



FROM: TO: AMOUNT:






Name: Department:

01/25/2017 February 2, 2017

Public Works Department Kevin Kirby


# 15

p. 2

p. 3

District No. 1 - Ronald Williams District No. 2 - Rusty DePratter District No. 3 - Bucky Nash District No. 4 - Everett Phillips District No. 5 - nm Murphy

MEMORANDUM

TO: Ben Scott, County Manager

Kevin Kirby, Assistant County Manage/,&

January 11, 2017

FROM:

DATE:

SUBJECT: Ellisville WWTP Construction

Please find attached the conclusion on the construction of the Ellisville WWTP. I have reviewed the County's Engineer's documentation and support his recommendation.

Staff recommendation is to accept as presented.

BOARD MEETS FIRST THURSDAY AT 5:30 P.M. AND THIRD THURSDAY AT 5:30 P.M.

P. 0. BOX 1529 LAKE CITY, FLORIDA 32056-1529 • PHONE (386) 755-4100

p. 4

District No. 1 - Ronald Williams District No. 2 - Rusty DePratter District No. 3 - Bucky Nash District No. 4 - Everett Phillips District No. 5 - Tim Murphy

TO:

FROM:

DATE:

SUBJECT:

Kevin Kirby, Operations Division Manager

Chad Williams P.E., County Engineer ~ January 11, 2017

Ellisville Wastewater Treatment Plant Construction

The County received 3 bids for the abovementioned construction project: 1. Layne Heavy Civil, Inc. (Layne) 2. Petticoat-Schmitt Civil Contractors, Inc (PSCC) 3. Worth Construction and Development, Inc. (Worth).

The Bids are as follows, and a tabulated summary is attached:

Contractor Total Bid Amount Alternates Total Bid Amount (Total - Alt)

Layne

PSCC

Worth

$ 1,863,200.00

$ 2,079,369.00

$ 1,948,062.68

$ 357,090.00 $ 1,506,110.00

$ 420,500.00 $ 1,658,869.00

$ 603,421.00 $ 1,344,641.68

The project is funded via 4 different sources: 1. LP 6025 2. RIVER grant from SRWMD 3. LP 12043 4. County Contribution

TOTAL

$539,563.00 $144,300.00 $500,000.00 $299,887.00 $1,483,750.00

As you recall, the decision was made to increase the WWTP in size from 15,000 GPO to 25,000 GPO for proposed development at the interchange. Discussions were also held concerning the County "self-performing" some aspects of the construction, in order to keep the project within budget. As you can see from above, the County will need to perform this work, in order to accomplish this. These items include:

P. 0. BOX 1529

BOARD MEETS FIRST THURSDAY AT 5:30 P.M . . AND THIRD THURSDAY AT 5:30 P.M.

• · LAKE CITY,ra~f'P%~~056·1529 • PHONE (386) 755-4100

p. 5

1. Construction of the force main 2. Construction of 3 rapid infiltration basins at the proposed plant location 3. Demolition of existing structures at the existing plant site 4. Decommissioning the existing Dream Inn WWTF

Discussions have been made with the supplier of the Package Treatment System, RWL Water, concerning possible price reduction options. This item was included in Item 8 of the bid documents for a cost of $377,000.00. RWL has indicated price reduction possibilities such as:

1. County Direct purchase (saving sales tax) 2. County Direct purchase on RWL schedule for reduction of 5% 3. Value engineering is currently being reviewed for further reduction

If you agree to the County self-performing these items, and concur with the County Attorney's recommendation, please recommend award of the bid to Worth Construction and Development, Inc. and execution of the attached Construction Contract.

Funds are allocated and established in 405-3501-535.60-63.

If you have any questions or require additional information, please contact me at your convenience.

p. 7

Item

I

2

3

4

5

6

7

8

9

JO

II

COLUMBIA COUNTY ELLISVILLE WASTEWATER TREATMENT PLANT CONSTRUCTION

CONTRACT NO. I G - GENERAL

NAME OF BIDDER: Layne Heavy Civil, Inc.

Description

Mobilization/demobilization.

Sile civil improvements

Furnish and install 105 gpm package Lifi Station #1.

Furnish and install 105 gpm package Lift Station #2.

Furnish and install l l.000 LF of4" DR 18 PVC force main.

Furnish and install 320 LF of 4" DR 13.S HOPE force main.

Furnish and install JOO LF of8" DR 35 PVC gravity sewer.

Furnish and Install 25,000 gpd packaged wastewater treatment plant. associated pumps. blowers. mixers. piping. valves. appurtenances. structural. electrical. instrumentation. control panels, and site improvements, complete in olace. Furnish and install three (3) rapid infiltration basins, associaied piping. valves and appurtenances. Demolition of existing structures and tilling of existing rapid infiltration basins. Dream Inn WWTF: Decommissioning of existing wastewater treatment facility including structures. mechanical equipment, tanks. electrical conduits, piping and stairway as shown and specified. Filling of existing ponds. existing underground tanks and grade the site to match existing as shown and specified.

Elhs,·ille WWTP 81dFonn

06704010.0000 004113-6

Quantity

I

I

I

I

I

I

I

I

I

I

I

Unit Total Price (In Numbers)

Lump Sum c;Q ,ooo .. cD Lump Sum 2r:1 t> <;,<n~tr Lump Sum \ 1s;, ( .X-T-1 _0() Lump Sum -· \ , -:-,. n,10 ,., (} f', Lump Sum ,qs.: ~~O .. Ci< ) Lump Sum \5.oro,,ct) Lump Sum , oo· coo .. CC)

Lump Sum 700,ocx:>..O{D

Lump Sum r~-D. \ oD .. oo Lump Sum ~s:, cDO~oC·

Lump Sum b~ tOc6 .. CC

p. 8


CONTRACT NO. IG - GENERAL

NAME OF BIDDER: Layne Heavy Civil, Inc.

12 Owner's contingency ollowonce for additional civil. mechanicnl. electrical. I Additional $50.000 instrumentation. and structural ,1ork. as authorized bv OWNER.

13 Allowanl-e for required pcnnitting fees. as authorized by OWNER. I Additional $2.000

Total Base Bid (Sum ofltems I through 13, inclusive) $ ~,£6~~ 100 .. oo (in numbers)

Total Base Bid in Words (Sum of Items I through 13. inclusive)

$ un.i. l'k.1~\--~ £,.,~"'-* ~~(.~ ,;._~~(\\c\cu., ~~~~~ ~~~ \\:~cec\ D01~~s . .. ' ~ no c.e.0«~.

Elhs1ille WWTP Btd Fonn 06704010.0000 00 41 13-7

.

p. 9

Item

5

9

IO

II

AA-I

COLUMBIA COUNTY ELLISVILLE WASTEWATER TREATMENT PLANT


NAME OF BIDDER: Layne Heavy Civil, ! nc.

SCHEDULE OF DEDUCTIVE AL TERNA TES

Description Quantity Unit

Furnish and install 11.000 LF or 4·· DR 18 PVC force I Lump Sum

main. Furnish and install three (3) rapid infiltration basins. associated piping. volves and appurtenances. I I.ump Sum

Demolition or c:xisting structures and filling of existing rapid infiltration basins I Lump Sum

Dream Inn WWTF; Decommissioning or existing wastewater treatment facility including structures. mechanical equipment. tanks. electrical conduits. piping

1 Lump Sum ond stairway as sho" n and specified. Filling of existing ponds. existing underground tanks and grade the site to match existing as shown and specified.

SCHEDULE OF ADDITIVE AL TERNA TES

Furnish and install second 25.000 gpd packaged wastewater treatment plant. associated pumps. blowers. mi.xers. oioing. valves. annurtenances. electrical. control

Ellisville WWTP 81d Fonn

06704010 0000 0041 13-8

I Lump Sum

Amount of Decrease to Base Bid

Subtract$ \q,G1 _100. cO

Subtract $ ~~ib~OD

Subtract $ .g3 ,DOO~oD

Subtract $ !>'l\ 't, 'Y)., oo

Add$ ~ ~O:::a.oO

p. 10

panels and site improvements. complete in place.

AA-2 Furnish and install three (3) additional rapid infiltration

Add$ /0tJ.. 1 oc:£:J ._CK) basins. associnted piping. valves and appurtenances. I Lump Sum

The OWNER reserves the right to award project based on the Total Base Bid and any combination of Deductive Alternate Bid ]terns or Additive Alternate Bid Items.

Ell1S\'illc WWTP Bid Form

067040!0.0000 00 41 13-9

p. 11


CONTRACTNO. IG - GENERAL

MAJOR EQUIPMENT SCHEDULE (Circle One)

Equipment Specification Section Named Manufacturers (Circle One)

I. Packaged Package Wastewater Treatment Plant 46 07 53 ~ ·~water USA

2. Emergem .. "}' Generator/ A TS 26 32 13/26 36 23 (C:umminJONAN. Caterpillar

3. Package Lift Station Pumps Plan Sheet M-0 I Flygt. ( lydroma~ ABS. EMU

Bidder agrees to furnish and install equipment from the above circled manufacturers in accordance with the provisions and tenns of the Contract Documents. The contractor shall base his hid on the circle items aboYc.

DATE: 121212016

Ellis, 11le WWTP Btd Form

06704010 0000 0041 13-10

p. 12



PROPOSED "OR EQUAL" MAJOR EQUIPMENT SCHEDULE

Number Specification Manufacturer's Name and Model Amount of Deduct

Section Number from Bid

I. $

2. $

3. $

4. $

5. $

6. $

7. $

The above listed "Or Equal .. items are hereby guaranteed to perfonn in all respects the functions of the items or specified manufacturers and in accordance with the Contract Documents. It is fully understood that approval of such items is contingent upon this guarantee and at the sole discretion of the OWNER.

DATE: 12/2/2016 ---------

Ellisville WWTP Bid Fonn 067040 I 0.0000

Sarn Speer

00 41 13-1 I

p. 14

Item

1

2

3

4

5

6

7

8

9

10

11


CONTRACT NO. l G - GENERAL

NAME OF BIDDER: Petticoat-Schmitt Civil Contractors, Inc.

Description

Mobilization/ demobilization.

Site civil improvements

Furnish and install 105 gpm package Lift Station # 1.

Furnish and install I 05 gpm package Lift Station #2.

Furnish and install 11,000 LF of 4" DR 18 PVC force main.

Furnish and install 320 LF of 4" DR 13.5 HDPE force main.

Furnish and install 300 LF of 8" DR 35 PVC gravity sewer.

Furnish and Install 25,000 gpd packaged wastewater treatment plant, associated pumps, blowers, mixers, piping, valves, appurtenances, structural, electrical, instrumentation, control panels, and site improvements, complete in place. Furnish and install three (3) rapid infiltration basins, associated piping, valves and appurtenances. Demolition of existing structures and filling of existing rapid infiltration basins. Dream Inn WWTF: Decommissioning of existing wastewater treatment

· facility including structures, mechanical equipment, tanks, electrical conduits, piping and stairway as shown and specified. Filling of existing

· ponds, existing underground tanks and grade the site to match existing as shown and specified.

Ellisville WWTP Bid Fonn 06704010.0000 00 41 13-6

Quantity

1

1

1

1

1

l

1

1

1

1

1

.,

Unit Total Price (In Numbers)

Lump Sum !, aL 4 0G . oc Lump Sum :. IOL qoo. 06 Lump Sum ) I I 1. 500 . o 0 Lump Sum ~3;ia, soo . oo Lump Sum \~00, 000 .00 Lump Sum \ l t 300~00 Lump Sum 'tl.fQ, 100 .. 00

Lump Sum ~ 9~ ,, roo. oo

Lump Sum ~'-iO, 500, 00

Lump Sum ' '5 0 J O 00. 00

\> 3 0, 000, 00 Lump Sum

..

p. 15


CONTRACT NO. IG- GENERAL


12 Owner's contingency allowance for additional civil, mechanical, electrical, 1 Additional $50,000

instrumentation, and structural work, as authorized by OWNER. 13 Allowance for required pennitting fees, as authorized by OWNER. 1 Additional $2,000

Total Base Bid (Sum ofltems I through 13, inclusive) $ d. 079,3~<g. 00 (in numbers)

Total Base Bid in Words (Sum.ofltems 1 through 13, inclusive)

$ ItdQ 1:01 JI,~ s~~en~~ Qu1.e. tba L.l.59 tl cl ttJ,,~ buadc,d ~ad j 1 xW n 1ne.. d_oJl~rJ.


.

p. 16

Item

5

9

10

11

AA-1

COLUMBIA COUNTY ELLISVILLE WASTEWATER TREATMENT PLANT

CONTRACT NO. lG- GENERAL


SCHEDULE OF DEDUCTIVE ALTERNATES

Deseription Quantity Unit

Furnish and install 11,000 LF of 4" DR 18 PVC force 1 Lump Sum

main.

Furnish and install three (3) rapid infiltration basins, associated piping, valves and appurtenances. 1 Lump Sum

Demolition of existing structures and filling of existing rapid infiltration basins 1 Lump Sum

Dream Inn WWTF: Decommissioning of existing wastewater treatment facility including structures, mechanical equipment, tanks, electrical conduits, piping

1 Lump Sum and stairway as shown and specified. Filling of existing ponds, existing underground tanks and grade the site to match existing as shown and soecified.

SCHEDULE OF ADDITIVE ALTERNATES

Furnish and install second 25,000 gpd packaged wastewater treatment plant, associated pumps, blowers, mixers, piping, valves, appurtenances, electrical, control

Ellisville WWTP BidFonn 067040 I 0.0000 00 41 13-8

1 Lump Sum


Subtract$ d.OQ (YJ<J.: QQ

Subtract$ 40 500~00

Subtract$ ,sq oCJo_oo

Subtract$ 30, 000 .. 00

9 c; /. l 00. 00 Add $ .,.

p. 17

panels and site improvements, complete in place.

AA-2 Furnish and install three (3) additional rapid infiltration

;30, ~00 .. QC) basins, associated piping, valves and appurtenances. 1 Lump Sum Add $ ..

The OWNER reserves the right to award project based on the Total Base Bid and any combination of Deductive Alternate Bid Items or Additive Alternate Bid Items.

Ellisville WWTP Bid Fonn 067040 I 0.0000 00 41 13-9

p. 18


CONTRACT NO. lG- GENERAL



1. Packaged Package Wastewater Treatment Plant 46 07 53 ~WLWaterU@

2. Emergency Generator/ A TS 26 32 13/26 36 23 ~ummins/ONAfDCaterpillar

3. Package Lift Station Pumps Plan Sheet M-01 Flygt,(!-Iyckc>ma~ ABS, EMU

Bidder agrees to furnish and install equipment from the above circled manufacturers in accordance with the provisions and terms of the Contract Documents. The contractor shall base his bid on the circle items above.

NAME OF BIDDER: ___ P_ett_i_co_a~t-1-S_co.i-hm- itt_C_iv_il_C_o_n_tr_a_ct_o_rs_, _In_c_. -------

!7171=== BIDDER'S SIGNATURE: __ fi~---~~~-- - --------DATE: 12/02/16

Ellisville WWTP BidFonn 06704010.0000 00 41 13-10

Lauren C. Atwell

p. 19


CONTRACT NO. 10-GENERAL



Section Number from Bid

I. Nolle , No11e.. $ 0,00

2. $

3. $

4. $

5. $

6. $

7. $

The above listed "Or Equal" items are hereby guaranteed to perform in all respects the functions of the items or specified manufacturers and in accordance with the Contract Documents. It is fully understood that approval of such items is contingent upon this guarantee and at the sole discretion of the OWNER.


BIDDER'S SIGNATU_RE_:~~~~a:::1:~Q:~-s--~:~~~ ~~~~L~a~u-r_e~n~C~. -A:tw_ --e~ll~~~~~~-DA TE: 12/02/16

Ellisville WWTP Bid Fonn

067040 I 0.0000 00 41 13-11

p. 21

Item

1

2

3

4

5

6

7

8

9

10

11


CONTRACTNO.lG- GENERAL

NAME OF BIDDER: Worth ~onstruction & Develonments Inc.

Description

Mobilization/demobilization

Site civil improvements

Furnish and install l 05 gpm package Lift Station# 1.

Furnish and install 1 OS gpm package Lift Station #2.

Furnish and install I 1,000 LF of 4" DR 18 PVC force main.

Furnish and install 320 LF of 411 DR 13.5 HDPE force main.

Furnish and install 300 LF of 8" DR 35 PVC gravity sewer.

Furnish and Install 25,000 gpd packaged wastewater treatment plant associated pumps, blowers, mixers, piping, valves, appurtenances, structural, electrical, instrumentation, control panels, and site improvements, complete in place. Furnish and install three (3) rapid infiltration basins, associated piping, valves and aoourtenances. Demolition of existing structures and filling of existing rapid infiltration basins. Dream Inn WWTF: Decommissioning of existing wastewater treatment facility including structures, mechanical equipment, tanks, electrical conduits, piping and stairway as shown and specified. Filling of existing ponds, existing underground tanks and grade tlle site to match existing as shown and specified.


Quantity Unit

l Lump Sum

l Lump Sum

l Lump Sum

l Lump Sum

l Lump Sum

1 Lump Sum

1 Lump Sum

I Lump Sum

1 Lump Sum

1 Lump Sum

1 Lump Sum

Total Price (In Numbers)

175,654.68

35,000.00

89,840.00

92,202.00

276,563.00

27,362.00

96,150.00

776,433.00

52,394.00

48,500.00

225,964.00

p. 22

12

13


CONTRACTNO.lG - GENERAL

NAME OF BIDDER: Worth Construction & Development, Inc.

Owner's contingency allowance for additional civil, mechanical, electrical, instrumentation, and stn,ctural work, as authorized b OWNER.

Al.lowance for required permitting fees, as authorized by OWNER.

1 Additional

l Additional

Total Base Bid (Sum ofltems 1 through 13, inclusive) $

Total Base Bid in Words (Sum ofltems 1 through 13, inclusive)

$

Ellisville WWTP Bid Form 06704010.0000 00 41 13-7

$50,000.00

$2,000.00

1,948,062.68

p. 23

Item

5

9

IO

11

AA-1


CONTRACT NO.lG - GENERAL

NAME OF BIDDER: Worth Construction & Dcvelonment2 Inc.

Description Quantity

SCHEDULE OF DEDUCTIVE AL TERNA TES

Furnish and install 11,000 LF of 4" DR 18 PVC force main. 1

Fumish and install three (3) rapid infiltration basins, associated piping, valves l

and aoourtenances.

Demolition of existing structures and filling of existing rapid infiltration basins 1

Dream Inn WWTF: Decommissioning of existing wastewater treatment facility including structures, mechanical equipment, tanks, electrical conduits, piping and 1

staiiway as shown and specified. Filling of existing ponds, existing underground tanks and grade the site to match existing as shown and specified.

SCHEDULE OF ADDITIVE ALTERNATES

Furnish and install second 25,000 gpd packaged wastewater treatment plant, associated pumps, blowers, mixers, piping, valves, appurtenances, electrical, control panels and site improvements, complete in place.

Ellisville WWTP Bid Form 067040] 0.0000 00 41 13-8

I

Unit

Lump Sum

Lump Sum

Lump Sum

Lump Sum

Lump Sum


Subtract $276,563

Subtract $52,394

Subtract $48,500

Subtract $225,964

Add $744,227

p. 24


CONTRACT NO.I G - GENERAL

NAME OF BIDDER: Worth Construction & Develonment2 Inc.

Item Description Quantity Unit Amount of Decrease to Base Bid

M-2 Furnish and insta11 three (3) additional rapid infiltration basins, associated

l Lump Sum Add$77,500 piping, valves and appurtenances.

The OWNER reserves the rigth to award project based on the Total Base Bid and any combination of Deductive Alternate Bid Items or Additive Alternate Bid Items.


p. 25





1. Packaged Package Wastewater Treatment Plant 46 07 53 RWL Water USA

2. Emergency Generator/ ATS 26 32 13/26 36 23 ( Cumminst<}NAN, Caterpillar

3. Package Lift Station Pumps Plan Sheet M-01 Flyg(Hydrornatic,}Bs. EMU

Bidder agrees to furnish and install equipment from the above circled manufacturers in accordance with the provisions and terms of the Contract Documents. The contractor shall base his bid on the circle items above.

NAME OF BIDDER:~~~ C..,

BIDDER'S SIGNATU ~ 6-_ DATE:A..e..k:::: .;i. /"7

Ellisville WWTP Bid Fonn 067040 I 0.0000

7

00 41 13-10

p. 26


CONTRACTNO. lG-GENERAL



Section Number from Bid -1. ~,,(J1S3 ma clc (·1)11(:Jrle $ #O;. /)00 -~ . .

$ ,

2.

3. $

4. $

5. $

6. $

7. $

The above listed "Or Equal" items are hereby guaranteed to perform in all respects the functions of the items or specified manufacturers and in accordance with the Contract Documents. It is fully understood that approval of such items is contingent upon this guarantee and at the sole discretion of the OWNER.

NAME OF BIDDER: ~ C. D ~ C.,

B1DDER!$SJGNATU ~ti~ ---DATE: &1,.) g c. g_ , re,;

::> 7


p. 27

Chad Williams

From: Sent: To: Cc: Subject: Attachments:

Hello Chad,

Chaparro, Sean <[email protected]>

Monday, December 12, 2016 5:08 PM Chad Williams O'Connor, David RE: Ellisville Bids Bidders Summary.pdf

Attached please find the Bid Tabulation for the Columbia County Ellisville WWTP. The first page shows the totals based on the 13 items in the base bid. The second page shows the totals when deleting the deduct alternates from the base bid. As you know, when considering only the base bid, Layne Heavy Civil is the apparent low bidder. When deleting all deduct alternates, Worth Construction and Development is the low bidder.

The bid form indicates that: "The OWNER will determine the lowest responsive bidder based solely on the Total Base Bid. "Or Equals" will have no influence on the selection of the lowest responsive bidder." However, the bid form also indicates that "The OWNER reserves the right to award project based on the Total Base Bid and any combination of Deductive Alternate Bid Items or Additive Alternate Bid Items." Based on this statement, I believe there is room to select the lowest responsive bidder based on what deduct alternates the County wishes to remove from the base bid.

We also checked with Heyward (RWL rep) regarding the quote for the package WWTP. They noted the prices quoted to the Bidders were about $6,000 over the quote we received from them during design. The difference was primarily due to the requirement that they provide field service and FL PE services, which they did not include in the initial quote to us. RWL has confirmed the equipment could be direct purchased by the County for installation by the Contractor. In addition to saving on the Contractor markup for the equipment, RWL indicated the following potential savings if the equipment is pre-purchased:

• RWL is willing to apply an additional discount (% TBD) if the County purchases the WWTP at their standard payment terms. Hayward will send us their standard payment terms - I will forward these to you ASAP.

• The discount can be higher if the County is willing to pay more money upfront (50% donwpayment or so).

• If PE services and structural calculations are taken on by others, this will result in an additional deduct from their price. That deduct, however, would be offset by the cost of others to provide the PE services and structural calcs.

I'll give you a call tomorrow morning to discuss further. Let me know if you have any questions, comments or need anything else.

Thanks,

Sean

From: Chad Williams [mailto:[email protected]] Sent: Monday, December 5, 2016 10:13 AM To: Chaparro, Sean <[email protected]> Cc: O'Connor, David <David.O'[email protected]> Subject: RE: Ellisville Bids

ok

From: Chaparro, Sean [mailto:[email protected]] Sent: Monday, December 05, 2016 8:47 AM To: Chad Williams Cc: O'Connor, David Subject: RE: Ellisville Bids

Hi Chad,

1

p. 28

Will do. We will review today and call you first thing tomorrow morning to discuss.

Thanks,

Sean

From: Chad Williams [mailto:chad will [email protected]] Sent: Monday, December 5, 2016 8:23 AM To: Chaparro, Sean <[email protected]> Subject: Ellisville Bids

After you've had a chance to review, lets discuss sometime later today or early tomorrow. Chad

Chad Williams, P.E. Columbia County Engineer chad w [email protected]

P.O. Box 1529 Lake City FL 32056-1529 Office: 386-758-1019

This e-mail and any files transmitted with it are the property of Arcadis. All rights, including without limitation copyright, are reserved. This e-mail contains information which may be confidential and may also be privileged. It is for the exclusive use of the intended recipient(s). If you are not the intended recipient(s) please note that any fonn of distribution, copying or use of this communication or the infonnation in it is strictly prohibited and may be unlawful. If you have received this communication in error please return it to the sender and then delete the e-mail and destroy any copies of it. Whilst reasonable precautions have been taken to ensure no software viruses are present in our emails we cannot guarantee that this e-mail or any attachment is virus-free or has not been intercepted or changed. Any opinions or other information in this e-mail that do not relate to the official business of Arcadis are neither given nor endorsed by it.

This e-mail and any files transmitted with it are the property of Arcadis. All rights, including without limitation copyright, are reserved. This e-mail contains information which may be confidential and may also be privileged. It is for the exclusive use of the intended recipient(s). If you are not the intended recipient(s) please note that any fonn of distribution, copying or use of this communication or the information in it is strictly prohibited and may be unlawful. If you have received this communication in error please return it to the sender and then delete the e-mail and destroy any copies of it. Whilst reasonable precautions have been taken to ensure no software viruses are present in our emails we cannot guarantee that this e-mail or any attachment is virus-free or has not been intercepted or changed. Any opinions or other information in this e-mail that do not relate to the official business of Arcadis are neither given nor endorsed by it.

2

p. 29

ARCADIS I ~~=-·"11

Columbia Cou ty Ellisville Wastewater Treatment Plant

Contract No.

1 Mobiliiation/demobillzation 50,000.00 21,469.00 2 Site civil improvements 220,550.00 101,900.00

3 Furnish and install 105 gpm package Lift Station #1. $ 175,000.00 $ 117,500.00

4 Furnish and install 105 gpm package Lift Station #2. $ 175,000.00 $ 320,500.00

5 Furnish and Install 11,000 LF of 4" DR 18 PVC force main. $ 195,550.00 $ 200,000.00

6 Furnish and install 320 LF of 4" DR 13.5 HDPE force main. $ 15,000.00 $ 14,300.00

7 Furnish and install 300 LF of 8" DR 35 PVC gravity

$ sewer.

100,000.00 $ 40,100.00

Furnish and Install 25,000 gpd packaged wastewater

treatment plant, associated pumps, blowers, mixers,

8 piping, valves, appurtenances, structural, electrical, $ 700,000.00 $ 991,100.00 instrumentation, control panels, and site improvements,

complete in place.

9 Furnish and install three (3) rapid infiltration basins,

$ 60,100.00 $ 40,500.00 associated piping, valves and appurtenances.

10 Demolition of existing structures and filling of existing

$ 85,000.00 $ 150,000.00 rapid infiltration basins.

Dream Inn WWTF: Decommissioning of existing

wastewater treatment facility including structures,

11 mechanical equipment, tanks, electrical conduits, piping

$ 35,000.00 $ 30,000.00 and stairway as shown and specified. Filling of existing

ponds, existing underground tanks and grade the site to

match existing as shown and specified.

Owner's contingency allowance for additional civil,

12 mechanical, electrical, instrumentation, and $ 50,000.00 $ 50,000.00

struct~al work, as authorized by O~NER:_

13 Allowance for required permitting fees, as

$ 2,000.00 $ 2,000.00 authorized b OWNER.

TOTAL s 1,863,200.00 $ 2,079,369.00

RANKING BY TOTAL BASE BID 3

MAJOR EQUIPMENT SCHEDULE

1 PACKAGE WASTEWATER TREATMENT PLANT RWL RWL

2 EMERGENCY GENERATOR/ATS Cummins Cummins

3 PACKAGE LIFT STATIONS Hydromatic Hydromatic


1 PACKAGE WASTEWATER TREATMENT PLANT NONE NONE

2 EMERGENCY GENERATOR/ATS

3 PACKAGELIFT STATIONS

$ 175,654.68

$ 35,000.00

$ 89,840.00

$ 92,202.00

$ 276,563.00

$ 27,362.00

$ 96,150.00

$ 776,433.00

$ 52,394.00

$ 48,500.00

$ 225,964.00

$ 50,000.00

$ 2,000.00

$ 1,948,062.68

2

RWL?

Cummins

Hydromatic

Mack Concrete [deduct

$49,000)

/

Arcadls

27416003.0000

p. 30

ARCADIS ::-... ~ ·

Contract No.

Furnish and Install 11,000 LF of4" DR 18 PVC force main.

9 Furnish a"d Install three (3) rapid infiltration basins, associated piping, valves and appurtenances..

10 Demolition of existing struct ures and filling of existing

rapid Infiltration basins.

Dream Inn WWTF: Decommissioning of existing wastewater treatment facility Including structures,

11 mechanical equipment, tanks, electrical conduits, piping

and stairway as shown and specified. FIiiing of existing

ponds, existing underground tanks and grade the site to match existing as shown and specified.

TOTAL WITH DEDUCT ALTERNATES REMOVED RANKING BY TOTAL BASE BID

186,100.00

55,660.00

$ 83,000.00

$ 32,330.00 $

$ 1,506,110.00 2

200,000.00 $

40,500.00

150,000.00

30,000.00 $

1,658,869.00 s

276,563.00

52,394.00

48,500.00

225,964.00

1,344,641.68

Arcadis

27416003.0000

p. 31

Chad Williams

From: Sent: To: Subject:

Chad~

Joel Fore,nari Thursday, December 15, 2016 10:38 AM Chad Williams Re: Ellisville Bids

This is consistent with our discussions and my analysis of the bid process. Please proceed with making your recommendation based on the deductions the County can make for performing the necessary work.

Let me know if you have additional questions or concerns.

Sincerely,

Joel

Joel F. Foreman, County Attorney Columbia County, Florida 207 S. Marion Avenue Lake City, Florida 32025 PO BOX 550 Lake City, Florida 32056 Office: 386.752.8420 Mobile: 386.365.3881

Florida's Government in the Sunshine Law {the "Sunshine Law") prohibits any gathering {including via electronic mail) of two or more members of the same board, outside of a duly noticed meeting, to discuss some matter which will foreseeably come before that board for action. Therefore, if replying to this correspondence please be aware of who the addressees are to avoid an inadvertent violation of the Sunshine Law. Also, please note that electronic mail sent or received by elected officials or staff for Columbia County may be public records in accordance with Chapter 119, Florida Statutes The information contained in this transmission may contain information that is privileged, confidential or otherwise protected under State and Federal law. It is intended only for the use of the person{s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail or phone and destroy all copies of the original message. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and notify the sender immediately.

From: Chad Williams

Sent: Tuesday, December 13, 2016 11:09 AM To: Joel Foreman

Subject: FW: Ellisville Bids

As discussed last week. Chad

From: Chaparro, Sean [mailto:[email protected]] Sent: Monday, December 12, 2016 5:08 PM To: Chad Williams Cc: O'Connor, David Subject: RE: Ellisville Bids

Hello Chad,

1

p. 32

Attached please find the Bid Tabulation for the Columbia County Ellisville WWTP. The first page shows the totals based on the 13 items in the base bid. The second page shows the totals when deleting the deduct alternates from the base bid. As you know, when considering only the base bid, Layne Heavy Civil is the apparent low bidder. When deleting all deduct alternates, Worth Construction and Development is the low bidder.

The bid form indicates that: "The OWNER will determine the lowest responsive bidder based solely on the Total Base Bid. "Or Equals" will have no influence on the selection ofthe lowest responsive bidder." However, the bid form also indicates that "The OWNER reserves the right to award project based on the Total Base Bid and any combination of Deductive Alternate Bid Items or Additive Alternate Bid Items." Based on this statement, I believe there is room to select the lowest responsive bidder based on what deduct alternates the County wishes to remove from the base bid.

We also checked with Heyward (RWL rep) regarding the quote for the package WWTP. They noted the prices quoted to the Bidders were about $6,000 over the quote we received from them during design. The difference was primarily due to the requirement that they provide field service and FL PE services, which they did not include in the initial quote to us. RWL has confirmed the equipment could be direct purchased by the County for installation by the Contractor. In addition to saving on the Contractor markup for the equipment, RWL indicated the following potential savings if the equipment is pre-purchased:

• RWL is willing to apply an additional discount (% TBD) if the County purchases the WWTP at their standard payment terms. Hayward will send us their standard payment terms - I will forward these to you ASAP.

• The discount can be higher ifthe County is willing to pay more money upfront (50% donwpayment or so).

• If PE services and structural calculations are taken on by others, this will result in an additional deduct from their price. That deduct, however, would be offset by the cost of others to provide the PE services and structural calcs.

I'll give you a call tomorrow morning to discuss further. Let me know if you have any questions, comments or need anything else.

Thanks,

Sean

From: Chad Williams [mailto:chad [email protected]] Sent: Monday, December 5, 2016 10:13 AM To: Chaparro, Sean <[email protected]> Cc: O'Connor, David <Davld.O'[email protected]> Subject: RE: Ellisville Bids

ok

From: Chaparro, Sean [mailto:[email protected]] Sent: Monday, December 05, 2016 8:47 AM To: Chad Williams Cc: O'Connor, David Subject: RE: Ellisville Bids

Hi Chad,

Will do. We will review today and call you first thing tomorrow morning to discuss.

Thanks,

Sean

From: Chad Williams [mailto:chad [email protected]] Sent: Monday, December 5, 2016 8:23 AM

2

p. 33

To: Chaparro, Sean <[email protected]> Subject: Ellisville Bids

After you've had a chance to review, lets discuss sometime later today or early tomorrow. Chad

Chad Williams, P.E. Columbia County Engineer chad [email protected] P.O. Box 1529 Lake City FL 32056-1529 Office: 386-758-1019

This e-mail and any files transmitted with it are the property of Arcadis. All rights, including without limitation copyright, are reserved. This e-mail contains information which may be confidential and may also be privileged. It is for the exclusive use of the intended recipient(s). If you are not the intended recipient(s) please note that any form of distribution, copying or use of this communication or the information in it is strictly prohibited and may be unlawful. If you have received this communication in error please return it to the sender and then delete the e-mail and destroy any copies of it. Whilst reasonable precautions have been taken to ensure no software viruses are present in our emails we cannot guarantee that this e-mail or any attachment is virus-free or has not been intercepted or changed. Any opinions or other information in this e-mail that do not relate to the official business of Arcadis are neither given nor endorsed by it This e-mail and any files transmitted with it are the property of Arcadls. All rights, including without limitation copyright, are reserved. This e-mail contains information which may be confidential and may also be privileged. It is for the exclusive use of the intended recipient(s). If you are not the intended recipient(s) please note that any form of distribution, copying or use of this communication or the information in it is strictly prohibited and may be unlawful. If you have received this ccmmunication in error please return it to the sender and then delete the e-mail and destroy any copies of it Whilst reasonable precautions have been taken to ensure no software viruses are present in our emails we cannot guarantee that this e-mail or any attachment is virus-free or has not been intercepted or changed. Any opinions or other information in this e-mail that do not relate to the official business of Arcadis are neither given nor endorsed by it.

3

ELLISVILLE WWTP CONSTRUCTION

Kevin Kirby, Assistant County Manager

February 2, 2017

p. 34

FUNDING SOURCES

SOURCE AMOUNT OF FUNDING

LP 6025(State Legislative grant through DEP) $ 539,563.00

RIVER grant from SRWMD $ 144,300.00

LP 12043(State Legislative grant through DEP) $ 500,000.00

County Contribution $ 299,887.00

TOTAL $1,483,750.00p. 35

PROJECT INFO

Ellisville WWTP Construction

• Decision was made to increase the WWTP in size from15,000 GPD to 25,000 GPD for the proposed development at the interchange.

• Discussion held concerning the County “self-performing” some aspects of the construction to stay within budget.

p. 36

PRICE REDUCTION OPTIONS

• RWL WATER- Supplier of the Package Treatment System indicated price reduction possibilities such as (Item 8 of bid documents for a cost of $377,000.)

1. County Direct Purchase (saving sales tax)

2. County Direct Purchase on RWL schedule for a reduction of 5%.

3. Value Engineering is currently being reviewed for further reduction.

p. 37

IN-HOUSE WORK

• COUNTY WILL NEED TO PERFORM THIS PART OF CONSTRUCTION IN ORDER TO STAY WITHIN BUDGET:

1. Construction of the force main.

2. Construction of 3 rapid infiltration basins at the proposed plant location.

3. Demolition of existing structures at the existing plant site.

4. Decommissioning the existing Dream Inn WWTF.

p. 38

BIDDER INFORMATION

• Layne Heavy Civil, Inc. (Layne)

• Petticoat-Schmitt Civil Contractors, Inc. (PSCC)

• Worth Construction and Development, Inc. (Worth)

p. 39

BID TABULATION SUMMARY

CONTRACTOR BID AMOUNTTOTAL

ALTERNATESTOTAL

BID AMOUNT (TOTAL - ALT)

Layne $1,863,200.00 $357,090.00 $1,506,110.00

PSCC $2,079,369.00 $420,500.00 $1,658,869.00

Worth $1,948,062.68 $603,421.00 $1,344,641.68

p. 40

RECOMMENDATIONS

• WORTH CONSTRUCTION and DEVELOPMENT, INC.

$1,344,641.68

(Inclusive of self-performance by County Forces)

p. 41

Solid Waste Collection Agreement Update

X

Fund:

X





Yes Account No.



FROM: TO: AMOUNT:






Name: Department:

01/25/2017 February 2, 2017

BCC AdministrationKevin Kirby


# 16

p. 42

Staffing for Adequate Fire & Emergency Response Grant - Addition of Six Firefighter PositionsSeeking approval to apply for the Safer Grant to cover 75% of salaries and benefits for the first 2 years and 25% for year 3. The estimated savings to the County will be $560,957.20 over the three years. The estimated cost to the County will be $400,683.74. The County has no obligation to keep the additional employees after the three year cycle.

X

Fund:

X





Yes Account No.



FROM: TO: AMOUNT:






Name: Department:

01/24/2017 February 2, 2017

Fire Department Jeff Crawford


# 18

p. 43

1 of 1

COLUMBIA COUNTY FIRE/RESCUE P.O. Box 1529

Lake City, FL 32056 Phone (386) 758-3907 Fax (386) 754-7064

Jeffery Crawford Chief CCFR Date: January 26, 2017

To: Ben Scott

RE: Grant Application

I am requesting approval to apply for a grant called SAFER GRANT. This grant is to add additional personnel. This will help in reducing overtime and will add extra

personnel on fires. This grant helps to pay for personnel for 3 years. It will pay for 75% of the cost of

their salaries and benefits for the first two (2) years and 25% for the third year. After the third year,

there is no obligation to keep these employees for any certain period. We will be asking to add 6 new

firefighters. The cost to the county will be $80,136.75 for years one (1) and two (2). Year three (3)

will cost the county $240,410.24. This is a total cost of $400,683.74 over the three (3) year period.

For 6 personnel for a three (3) year period, this would be a savings to the county of $560,957.20.

p. 44

Memorandum of Understanding Lake Shore Hospital Access Road

X

Fund:

X





Yes Account No.



FROM: TO: AMOUNT:






Name: Department:

01/27/2017 February 2, 2017

BCC AdministrationBen Scott


# 19

p. 45

Rev. JFF 1/26/17

Lake Shore Hospital Access Road Project MOU Related to Shared Responsibilities

Memorandum of Understanding

Between Columbia County, Florida (County), Lake Shore Hospital Authority (Authority) and

the City of Lake City, Florida (City) for shared responsibilities of the Lake Shore Boulevard Access Road Project.

I. PURPOSE AND SCOPE The County, Authority and City would like to improve emergency access to the Lake Shore Hospital through construction of a direct access road. This memorandum of understating is developed to memorialize the understanding among the parties for a joint project between the County, Authority, and City for the Lake Shore Hospital Access Road Project. II. RESPONSIBILITIES The parties, through their respective staff, shall work together towards the completion of the Lake Shore Hospital Access Road with specific responsibilities divided as follows:

a) The County shall enter a Reimbursement Agreement with the State of Florida, Department of Transportation to facilitate the design of the Lake Shore Boulevard Access Road and to enter a Compensation Agreement for Financial Project ID No. 437416-1-54-01.

b) The County agrees to undertake the design and Construction Engineering Inspection (“CEI”) of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including Agency standards and specifications. The design will be Alignment Alternative 1, presented in the Florida Department of Transportation Lake Shore Hospital Emergency Access Study. A professional engineer, registered in Florida, shall provide the certification that all design for the Project meets the minimum construction standards established by the City.

c) The County’s financial obligation for the project shall be provided through FDOT Compensation Agreement for Financial Project ID No. 437416-1-54-01, Construction Engineering Inspection, and provide required mitigation credits. The City / Authority will work cooperatively towards obtaining funding for construction.

d) The City agrees to undertake the construction of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including Agency standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all construction for the Project meets the minimum construction standards established by the City.

p. 46

Rev. JFF 1/26/17

e) The County understands that it is responsible for the preparation of all design plans for the Project. The County shall utilize a qualified consultant for the design phase of the Project using the County’s normal procurement procedures to perform the design services for the Project.

f) Upon review and acceptance by the City, the County will provide one (1) copy of the final design plans and specifications to FDOT.

g) The City shall utilize a qualified contractor using the City’s normal bid procedures to perform the construction work for the Project.

h) The County shall be responsible for providing a qualified CEI to perform construction oversight. FDOT shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. The CEI shall not be the same as that of the Engineer of Record for the Project.

i) The County shall be responsible to ensure that the construction work, if applicable under this MOU is performed in accordance with the approved construction documents, and that it will meet all applicable Agency standards.

j) Upon completion of the work authorized by this MOU, the County shall notify FDOT in writing of the completion of design of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineers Certification of Compliance, signed and sealed by a Professional Engineer.

k) Upon completion of the Project, the City shall be responsible for the perpetual maintenance of the facilities on its system that are constructed under this Agreement, if applicable. The terms of this provision shall survive the termination of this Agreement.

Columbia County, Florida City of Lake City, Florida By: By: Ronald Williams, Chairman Stephen M. Witt, Mayor/Council Member Lake Shore Hospital Authority

By: Koby Adams, Chairman

p. 47

Approval of FDOT Financial Project 437416-1-54-01 compensation agreement and resolution # 2017R-1 in the amount of $410,000 for the design of the Lake Shore Boulevard Access Road.

303-ROAD IMPROVEMENT FUNDBA 17-23

X

Fund:

X

303-0000-334.43-95 303-8088-541.30-31

State Grant Lake Shore Hospital Road Professional Services $410,000.00





Yes Account No.



FROM: TO: AMOUNT:






Name: Department:

12/21/2016 February 2, 2017

Public Works Department Kevin Kirby


# 20

p. 48

COLUMBIA COUNTY, FLORIDA

RESOLUTION NO. 2017R-1

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLUMBIA COUNTY, FLORIDA APPROVING STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, REIMBURSEMENT AGREEMENT WITH COLUMBIA COUNTY, FLORIDA TO FACILITATE

DESIGN OF LAKE SHORE BOULEVARD ACCESS ROAD IN COLUMBIA COUNTY.

WHEREAS, Columbia County has the authority to enter into a Reimbursement Agreement with the State of Florida, Department of Transportation, (“Department”); and WHEREAS, Columbia County believes it is in the best interest to facilitate the Design of Lake Shore Boulevard Access Road and to enter into Compensation Agreement for Financial Project ID No. 437416-1-54-01. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUMBIA COUNTY, FLORIDA, as follows: Section 1. Columbia County, Florida by and through its Board of County Commissioners, approves the State of Florida, Department of Transportation, Reimbursement Agreement as to Financial Project ID No. 437416-1-54-01, a copy of which is attached hereto and made a part hereof. Section 2. The Chairman of the Board of County Commissioners, together with any other appropriate County officials, are authorized to execute the agreement on behalf of Columbia County, Florida.

p. 49

UNANIMOUSLY PASSED AND ADOPTED by the Board of County Commissioners of Columbia County, Florida, at its regular session on February 2, 2017. BOARD OF COUNTY COMMISSIONERS COLUMBIA COUNTY, FLORIDA By:____________________________________ Ronald Williams, Chairman

ATTEST:______________________________ P. DeWitt Cason, Clerk of Court (SEAL)

p. 50

Financial Management No. 437416-1-54-01 Contract No. _________________ CSFA No. 55.032

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

ECONOMIC DEVELOPMENT TRANSPORTATION

PROJECT FUND AGREEMENT (OFF-SYSTEM SPECIFIC APPROPRIATIONS)

This Economic Development Transportation Project Fund Agreement (Off-System Specific

Appropriation) (“Agreement”) is entered into this day of , between the State

of Florida, Department of Transportation (“FDOT” or “Department”) and Columbia County (“Agency”).

FDOT and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the

“Parties.”

RECITALS

A. The Fiscal Year 2016-17 General Appropriations Act, Chapter 2016-66, Laws of Florida,

provides the Agency with an appropriation of Four-Hundred Ten-Thousand Dollars ($410,000.00) from the

amount in Specific Appropriation 1906, Economic Development Transportation Projects to design the Lake

Shore Boulevard Access Road from US 90 to Lake Shore Hospital in Lake City, Florida.

B. This Agreement provides conditions necessary for the release of the funds appropriated to the

Agency by Chapter 2016-66, Laws of Florida. The transportation project is further described in Exhibit “A”,

attached and incorporated in this Agreement (“Project”).

C. The Agency is prepared to complete the Project at an estimated total cost of Four-Hundred

Ten-Thousand Dollars $410,000.00.

D. FDOT is prepared to provide Four-Hundred Ten-Thousand Dollars $410,000. under Financial

Project Number 437416-1-54-01 toward the total cost of the Project as set forth in Section 6.0 of the Agreement

and the Schedule of Funding in Exhibit “B”, which is attached and incorporated in this Agreement.

E. The Agency by Resolution No. 2017R-1 dated the 2nd day of January, 2017, a copy of which

is attached as Exhibit “C” and made a part of this Agreement, has authorized its officers to execute this

Agreement on its behalf.

p. 51

of 24

AGREEMENT

In consideration of the mutual covenants contained in this Agreement, the Parties agree as follows:

1.0 RECITALS: The recitals above are true and correct and are made a part of this Agreement.

2.0 TERM: The term of this Agreement shall commence upon full execution by both Parties

(“Effective Date”) and continue through December 31, 2018, unless terminated at an earlier date as provided

in this Agreement. If the Project is not completed within the time period allotted, this Agreement will expire

on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period

is requested by the Agency and granted in writing by FDOT prior to the expiration of the Agreement.

Expiration of this Agreement will be considered termination of the Project. Only Project costs incurred on or

after the Commencement Date of this Agreement (as defined in paragraph 3.0 below) and on or prior to the

termination date of the Agreement are eligible.

3.0 COMMENCEMENT: Unless terminated earlier, work on the Project shall commence no later

than: the ______ day of __________________, 20____ or within 60 days of the issuance of the Notice to

Proceed for the design phase of the Project, whichever date is earlier (“Commencement Date”), and shall be

completed on or before December 31, 2018. FDOT shall have the immediate option to terminate this

Agreement should the Agency fail to meet either of the above-required dates.

If design of the transportation Project does not commence within four (4) years of the date Chapter

2016-66, Laws of Florida, became effective, this Agreement and the Project are immediately terminated.

4.0 PROJECT DESCRIPTION: The Agency shall provide quantifiable, measurable and verifiable

units of deliverables. Each deliverable must specify the required minimum level of service to be performed

and the criteria for evaluating successful completion. The Project, identified as Financial Management Number

437416-1-54-01, and the quantifiable, measurable and verifiable units of deliverables are described more fully

in Exhibit “A” which is incorporated in this Agreement.

5.0 NOTICES AND APPROVALS: 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

p. 52

of 24

used if the notice is also transmitted by one of the preceding forms of delivery. The addresses and the

Agreement Administrators 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.

FDOT: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT 2 ECONOMIC DEVELOPMENT TRANSPORTATION PROJECT FUND COORDINATOR MR. JORDAN L. GREEN, P.E., TRANSPORTATION SUPPORT MANAGER PHONE: 386-961-7840

AGENCY:

COLUMBIA COUNTY BOCC POST OFFICE DRAWER 1529 135 N. EAST HERNANDO AVENUE LAKE CITY, FLORIDA 32056

All approvals referenced in this Agreement must be obtained in writing from the Parties’ respective

Administrators or their designees.

6.0 RELEASE OF FUNDS: Project funds made available by FDOT shall not be released until the

following have been satisfied:

(a) The Agency has agreed by resolution to accept future maintenance and other attendant

costs occurring after completion of the Project for the portion of the Project on the Agency’s system and such

resolution is attached and incorporated in this Agreement as Exhibit “C”;

(b) The Agency shall certify to FDOT that the Agency’s design consultant and/or

construction contractor has secured the necessary permits. If the Agency fails to provide such certification to

FDOT by December 31, 2017, FDOT may, at its discretion, terminate this Agreement; (for design only)

(c) The Agency shall invoice FDOT quarterly for actual costs incurred. The Agency shall

review and approve all invoices, statements, or other related documents duly submitted to the Agency by the

Agency’s design consultant. Invoices shall be submitted by the Agency to FDOT in detail sufficient for a

proper pre-audit and post audit thereof, based on the quantifiable, measurable, and verifiable units of

deliverables as established in Paragraph 4.0 above and Exhibit “A”. Deliverables must be received and

accepted in writing by the pre-audit and approval by the Agency;

p. 53

of 24

(d) Supporting documentation must establish that the deliverables were received and

accepted in writing by the Agency and that the required minimum level of service to be performed based on

the criteria for evaluating successful completion as specified in Paragraph 4.0 and Exhibit “A” has been met;

(e) FDOT will pay to the Agency, after receipt of a detailed invoice, an amount equal to

the invoice received by the Agency from the Agency’s consultant or contractor. The Agency must certify on

the invoice that the costs from the consultant or contractor are valid, reasonable, necessary, and allowable and

the costs have been incurred by the consultant or contractor prior to the date of the invoices. All invoices

submitted to the Department must provide complete documentation, including a copy of the consultant’s or

contractor’s invoice(s), to substantiate the cost on the invoice. Each quarterly invoice subsequent to the first

invoice from the Agency must contain a statement from the Agency that the previous quarterly costs incurred

by the consultant or contractor have been paid by the Agency to the consultant or contractor;

(f) Before using its own forces for any phase of the Project, the Agency shall provide

FDOT with the opportunity to review and approve the qualifications of the Agency forces to be utilized. In

the event the Agency proceeds with any phase the Project utilizing its own forces, the Agency will only be

reimbursed for direct costs (this excludes general overhead);

(g) The Agency shall provide to FDOT certification and a copy of appropriate

documentation substantiating that all required right-of-way necessary for the Project have been obtained; and

(h) Provide FDOT with written notification of either its intent to:

(i) Award the construction of the Project to a contractor which is the lowest and best

bidder in accordance with applicable state and federal statutes, rules, and regulations. The Agency shall then

submit a copy of the bid tally sheet(s) and awarded bid contract, (for design)

(ii) Construct the Project utilizing existing Agency employees, if the Agency can

complete said Project within the time frame in Section 3.0 of this Agreement.(for design)

(i) The Agency shall charge to the Project account all eligible costs of the Project except

costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the

programmed funding or attributable to actions which have not received the required approval of FDOT shall

p. 54

of 24

not be considered eligible costs. All costs charged to the Project, including any approved services contributed

by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or

vouchers evidencing in proper detail the nature and propriety of the charges. (for design)

(j) Payment shall be made only after receipt and approval of goods and services unless

advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and

216, Florida Statutes. If FDOT determines that the performance of the Agency is unsatisfactory, FDOT shall

notify the Agency of the deficiency to be corrected, which correction shall be made within a time-frame to be

specified by FDOT. The Agency shall, within five days after notice from FDOT, provide FDOT with a

corrective action plan describing how the Agency will address all issues of contract non-performance,

unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or

contract non-compliance. If the corrective action plan is unacceptable to FDOT, the Agency shall be assessed

a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to

the invoice for the then-current billing period. The retainage shall be withheld until the Agency resolves the

deficiency. If the deficiency is subsequently resolved, the Agency may bill FDOT for the retained amount

during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be

forfeited at the end of the Agreement’s term. (for design)

(k) If, after Project completion, any claim is made by FDOT resulting from an audit or

for work or services performed pursuant to this Agreement, FDOT may offset such amount from payments

due for work or services done under any agreement which it has with the Agency owing such amount if, upon

demand, payment of the amount is not made within 60 days to FDOT. Offsetting any amount pursuant to this

paragraph shall not be considered a breach of contract by FDOT.

(l) The Agency must submit the final invoice on the Project to the Department within

120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be

paid.

6.1 TRANSFER OF FUNDS:

p. 55

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Entities providing goods and services to FDOT should be aware of the following time frames. Upon

receipt of the invoice, FDOT has 20 days to inspect and approve the goods and services. FDOT has 20 days

to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured

from the latter of the date the invoice is received or the goods or services are received, inspected, and approved.

If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant

to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency.

Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices

that have to be returned to the Agency because of Agency preparation errors will result in a delay in the

payment. The invoice payment requirements do not start until a properly completed invoice is provided to the

FDOT. (for design)

A Vendor Ombudsman has been established within the Department of Financial Services. The duties

of this individual include acting as an advocate for entities who may be experiencing problems in obtaining

timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.

Payment shall be made only after receipt and approval of goods and services unless advance payments

are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida

Statutes. If FDOT determines that the performance of the Agency is unsatisfactory, FDOT shall notify the

Agency of the deficiency to be corrected, which correction shall be made within a time-frame to be specified

by FDOT. The Agency shall, within five days after notice from FDOT, provide FDOT with a corrective action

plan describing how the Agency will address all issues of contract non-performance, unacceptable

performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-

compliance. If the corrective action plan is unacceptable to FDOT, the Agency shall be assessed a non-

performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the

invoice for the then-current billing period. The retainage shall be withheld until the Agency resolves the

deficiency. If the deficiency is subsequently resolved, the Agency may bill FDOT for the retained amount

during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be

forfeited at the end of the Agreement’s term. (for design)

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6.2 USE OF FUNDS: Funds made available by FDOT pursuant to this Agreement shall be expended

in a timely manner and solely for the purpose of the approved Project. No such funds shall be used for the

purchase of any landscaping, mitigation planting, water and sewer lines, for any legal action against FDOT, or

costs associated with preparation of the application for use of Economic Development Transportation funding.

The Schedule of Funding, Exhibit “B”, is attached and incorporated in this Agreement.

6.3 ASSURANCES: As an inducement to the transfer of funds referred to in Section 6.1 above, the

Agency certifies that, if initiated, the Project will be carried through to its completion and will not require the

expenditure of any additional funds from FDOT. The Agency is liable for all cost overruns on the Project.

6.4 PROHIBITION OF LOCAL PREFERENCES IN PROCUREMENT OF CONSTRUCTION

SERVICES (for design only): If the Project is procured pursuant to Chapter 255 for construction services and

at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be

paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991,

Florida Statutes. (for design)

7.0 DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS: (for

design only)

(a) The Agency agrees to undertake the design, construction, and Consultant Construction

Engineering Inspection (“CCEI”) of the Project in accordance with all applicable federal, state and local

statutes, rules and regulations, including Agency 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 Agency.

(b) The Agency understands that it is responsible for the preparation of all design plans

for the Project. The Agency shall hire a qualified consultant for the design phase of the Project using the

Agency’s normal procurement procedures to perform the design services for the Project.

(c) Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to

the Agency for the design phase of the Project. Any work performed prior to the execution of this Agreement

is not subject to reimbursement.

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(d) The Agency will provide one (1) copy of the final design plans and

specifications and final bid documents to FDOT’s Local Programs Project Manager prior to

commencing construction of the Project.

(e) The Agency shall hire a qualified contractor using the Agency’s normal bid

procedures to perform the construction work for the Project, if applicable.

(f) Prior to commencing the design work described in this Agreement, the Agency shall

request a Notice to Proceed from FDOT’s Local Programs Engineer, Dave Cerlanek, P.E, at (386) 961-7823

or from an appointed designee

(g) The Agency shall hire a qualified CCEI, if applicable to perform construction

oversight including the obligation to assure that any and all verification testing is performed in accordance

with the 2010 Standard Specifications for Road and Bridge Construction, as amended from time to

time. FDOT shall have the right, but not the obligation, to perform independent assurance testing during the

course of construction of the Project. The CCEI firm shall not be the same firm as that of the Engineer of

Record for the Project, if applicable.

(h) The Agency shall require the Agency’s contractor, if applicable to post a payment and

performance bond in accordance with Section 337.18(1), Florida Statutes. (for design)

(i) The Agency shall be responsible to ensure that the construction work, if applicable

under this Agreement is performed in accordance with the approved construction documents, and that it will

meet all applicable Agency standards. (for design)

(j) Upon completion of the work authorized by this Agreement, the Agency shall notify

FDOT in writing of the completion of design of the Project; and for all design work that originally required

certification by a Professional Engineer, this notification shall contain an Engineers Certification of

Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto as Exhibit

“D”. The certification shall state that work has been completed in compliance with the Project construction

plans and specifications, if applicable. 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.

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(k) The Agency must submit the final invoice to FDOT within one hundred eighty (180)

days after the final acceptance of the Project.

(l) Upon completion of the Project, the Agency shall be responsible for the perpetual

maintenance of the facilities on its system that are constructed under this Agreement, if applicable. The terms

of this provision shall survive the termination of this Agreement.

8.0 AVAILABILITY OF FUNDS: The State of Florida's performance and obligation to pay under

this Agreement is contingent upon an annual appropriation by the Legislature. In the event this Agreement is

in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter

339.135(6)(a), F.S., are incorporated:

"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 9.0 TERMINATION OF AGREEMENT: FDOT may terminate this Agreement upon no less than

thirty (30) days notice in writing delivered in accordance with the Notices and Approvals provisions of

Paragraph 5.0. In the event the Agency fails to perform or honor the requirements and provisions of this

Agreement, the Agency shall return funds in accordance with Section 11.0 of this Agreement within thirty (30)

days of the termination of this Agreement. If the Agreement is terminated before performance is completed,

the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such

payment, however, may not exceed an amount which is the same percentage of the contract price as the amount

of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in

progress on the FDOT right-of-way will become the property of the FDOT and will be turned over promptly

by the Agency.

9.1 TERMINATION REPORT: Upon termination prior to the expiration of this Agreement, the

Agency will provide the following:

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(a) Certification that the portion of the Project that has been completed is in compliance

with the terms and conditions of this Agreement and meets minimum construction standards established in

accordance with Section 336.045, Florida Statutes, if applicable.

(b) A report which shall specify the following: (i) the total direct Project costs paid from

funds made available by FDOT pursuant to this Agreement; and (ii) the balance of any unexpended Project

funds.

10.0 EXPENDITURES IN VIOLATION OF AGREEMENT: Any Project funds made available

by FDOT pursuant to this Agreement which are determined by FDOT to have been expended by the Agency

in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to

FDOT. Acceptance by FDOT of any documentation or certifications, mandatory or otherwise permitted, that

the Agency files shall not constitute a waiver of FDOT's rights as the funding agency to verify all information

at a later date by audit or investigation.

11.0 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 the appropriate court

in Leon County, Florida, applying Florida law.

(b) If any term or provision of the Agreement is found to be illegal and 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 FDOT.

(d) The Agency shall comply with all federal, state and local laws and ordinances

applicable to the work or payment for work thereof.

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(e) The Agency and FDOT agree that the Agency, its employees, contractors,

subcontractors, consultants, and subconsultants are not agents of FDOT as a result of this Agreement.

12.0 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, for CATEGORY TWO for a period of 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.

12.1 NON-RESPONSIBLE CONTRACTORS: (design only) An entity or affiliate who has had its

Certificate of Qualification suspended, revoked, denied or have further been determined by FDOT to be a non-

responsible contractor may not submit a bid or perform work for the construction or repair of a public building

or public work on a contract with the Agency.

13.0 UNAUTHORIZED ALIENS: FDOT 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.

14.0 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.

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The Agency affirms that it is aware of the provisions of Section 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. (for

design only)

15.0 ATTORNEY FEES: Unless authorized by law and agreed to in writing by FDOT, FDOT will

not be liable to pay attorney fees, interest, or cost of collection.

16.0 TRAVEL: There shall be no reimbursement for travel expenses under this Agreement.

17.0 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.

18.0 AUDIT AND MONITORING REQUIREMENTS: (a) The administration of resources awarded through the Department to the Agency by

this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do

not limit the authority of the Department to conduct or arrange for the conduct of additional audits or

evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor

General, or any other state official. The Agency shall comply with all audit and audit reporting requirements

as specified below.

1. In addition to reviews of audits conducted in accordance with Section 215.97, Florida

Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not

be limited to on-site visits by Department staff and/or other procedures including, reviewing any required

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performance and financial reports, following up, ensuring corrective action, and issuing management decisions

on weaknesses found through audits when those findings pertain to state financial assistance awarded through

the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and

cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency

further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed

necessary by the Department, the Department of Financial Services (DFS) or the Auditor General.

2. The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes,

as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the

following requirements:

i. In the event the Agency meets the audit threshold requirements established by Section

215.97, Florida Statutes, the Agency must have a State single or project-specific audit conducted for such fiscal

year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial

Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),

Rules of the Auditor General. Exhibit “E”, which is attached an incorporated into this Agreement, indicates

state financial assistance awarded through the Department by this Agreement needed by the Agency to further

comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance

expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state

financial assistance received from the Department by this Agreement, other state agencies and other nonstate

entities. State financial assistance does not include Federal direct or pass-through awards and resources

received by a nonstate entity for Federal program matching requirements.

ii. In connection with the audit requirements, the Agency shall ensure that the audit

complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial

reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local

governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.

iii. In the event the Agency does not meet the audit threshold requirements established by

Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit

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requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption

statement to the Department at [email protected] no later than nine months after the end of

the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit

threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an

audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit

must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s

resources obtained from other than State entities).

iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit

and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by

this Agreement shall be submitted to:

Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, FL 32399-0405 Email: [email protected] And

State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: [email protected] v. Any copies of financial reporting packages, reports or other information required to

be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes,

and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of

the Auditor General, as applicable.

vi. The Agency, when submitting financial reporting packages to the Department for

audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-

profit organizations), Rules of the Auditor General, should indicate the date the reporting package was

delivered to the Agency in correspondence accompanying the reporting package.

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vii. Upon receipt, and within six months, the Department will review the Agency’s

financial reporting package, including corrective action plans and management letters, to the extent necessary

to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to

the state financial assistance provided through the Department by this Agreement. If the Agency fails to have

an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate

corrective action to enforce compliance.

viii. As a condition of receiving state financial assistance, the Agency shall permit the

Department, or its designee, DFS or the Auditor General access to the Agency’s records including financial

statements, the independent auditor’s working papers and project records as necessary. Records related to

unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is

resolved.

3. The Agency shall retain sufficient records demonstrating its compliance with the

terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the

Department, or its designee, DFS or the Auditor General access to such records upon request. The Agency

shall ensure that the audit working papers are made available to the Department, or its designee, DFS or the

Auditor General upon request for a period of five years from the date the audit report is issued unless extended

in writing by the Department.

19.0 LOBBYING: Funds may not be used for the purpose of lobbying the Florida Legislature, judicial

branch, or any state agency, in accordance with Section 216.347, Florida Statutes.

20.0 MINORITY VENDORS: The Agency is encouraged to use small businesses, including

minority and women-owned businesses as subcontractors or sub-vendors under this Agreement. The directory

of certified minority and women-owned businesses can be accessed from the website of the Department of

Management Services, Office of Supplier Diversity. The Agency shall report on a quarterly basis its

expenditures with minority and women-owned businesses. The report shall contain the names and addresses

of the minority and women-owned businesses; the aggregate dollar figure disbursed that quarter for each

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business; the time period; type of goods or services; and the applicable code. If no expenditures were made to

minority or women-owned businesses, the Agency shall submit a statement to this effect.

21.0 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." (b) The Agency shall carry or require 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 $100,000 per person and $300,000 each occurrence,

and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in

accordance with this Agreement. 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 provide insurance coverage in accordance with Section 7-13 of FDOT’s

Standard Specifications for Road and Bridge Construction, as amended. (for design only)

(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 for the State

of Florida under the Worker's Compensation Law.

22.0 MODIFICATION OF AGREEMENT: In the event the Agency desires to modify any of the

terms and conditions of this Agreement, the Agency shall make such request for modification in writing to

FDOT at any time during the term of this Agreement. However, if the request for modification relates to

changes in the Project commencement and/or Project completion dates, such request must be received by

FDOT prior to the expiration of the current commencement or Project completion date. If such a request is

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made after the expiration of the above referenced date, FDOT shall have the option to terminate this

Agreement.

23.0 E-VERIFY: The Agency:

(a) shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify

the employment eligibility of all new employees hired by the Agency during the term of the

contract; and

(b) shall expressly require any subcontractors performing work or providing services

pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-

Verify system to verify the employment eligibility of all new employees hired by the subcontractor

during the contract term.

24.0 INSPECTOR GENERAL: The Parties agree to comply with Section 20.055(5), Florida

Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida

Statutes.

25.0 NON-ASSIGNMENT: The Agency shall not assign, sublicense, or otherwise transfer its

rights, duties, or obligations under this Agreement without the prior written consent of FDOT, which consent

will not be unreasonably withheld. Any assignment, sublicense, or transfer occurring without the required

written approval will be null and void. FDOT 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 FDOT approves transfer of the Agency’s obligations, the

Agency remains responsible for all work performed and all expenses incurred in connection with this

Agreement.

26.0 ENTIRE AGREEMENT: This instrument 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 communications, representations, or agreements, 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 FDOT or his/her delegate.

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27.0 DUPLICATE ORIGINALS: This Agreement may be executed in duplicate originals.

The remainder of this page intentionally left blank.

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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date(s) below.

FDOT State of Florida, Department of Transportation By:___________________________________ Print Name:____________________________ Title:__________________________________ Date:__________________________________ Legal Review: ______________________________________ See attached Encumbrance Form for date of funding approval by Comptroller

COLUMBIA COUNTY By:_____________________________________ Print Name:______________________________ Title:____________________________________ As approved by the Board on: ______________________________________ Attest: _________________________________ Legal Review: _______________________________________ County Attorney

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EXHIBIT “A”

SCOPE OF SERVICES

Financial Management Number: 437416-1-54-01 Design of Lake Shore Boulevard Access Road from US 90 to Lake Shore Hospital

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EXHIBIT “B” SCHEDULE OF FUNDING

Financial Management Number: 437416-1-54-01

FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:

State Program Number

Funding Source

State

Fiscal Year

CSFA

Number

CSFA Title or

Funding Source Description

Funding Amount

State Appropriation

Category

437416-1-54-01 STTF 2017 55.032

Economic Development Transportation Projects –

Road Fund $ 410,000.00 088865

Total Award $ 410,000.00

For each program identified above, the recipient shall comply with the program requirements described in the Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/catalog.aspx]. The services/purposes for which the funds are to be used are included in the Agreement scope of services/work. Any match required by the recipient is clearly indicated in the Agreement.

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EXHIBIT “C” AGENCY RESOLUTION

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EXHIBIT “D”

NOTICE OF COMPLETION AND ENGINEER’S CERTIFICATION OF COMPLIANCE

NOTICE OF COMPLETION

ECONOMIC DEVELOPMENT TRANSPORTATION PROJECT FUND AGREEMENT Between

THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and Columbia County, Florida

PROJECT DESCRIPTION: design of Lake Shore Boulevard Access Road from US 90 to Lake Shore Hospital / FIN# 437416-1-54-01 In accordance with the Terms and Conditions of the Economic Development Transportation Project

Fund Agreement, the undersigned provides notification that the work authorized by this Agreement

is complete as of , 20 .

By:

Name:

Title:

ENGINEER’S CERTIFICATION OF COMPLIANCE

In accordance with the Terms and Conditions of the Economic Development Transportation Project

Fund 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 FDOT a set of “as-

built” plans certified by the Engineer of Record/CEI. By: , P.E. SEAL: Name: Date:

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EXHIBIT “E”

STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT)

STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:

Awarding Agency: Florida Department of Transportation

State Project Title: ECONOMIC DEVELOPMENT TRANSPORTATION PROJECTS – ROAD FUND

CSFA Number: 55.032

*Award Amount: $410,000.00

*The state award amount may change with supplemental agreements Specific project information for CSFA Number 55.032 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.032 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx

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