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Bid-City Hall, FD & Records Bldg Paint Project-PW 03-00-06-18-VoidedCitg of Dkizgehobcc, Florida September 6, 2018 Wade Hunt Painting & Pressure Cleaning by Big Lake LLC 1111 NW 3d St. Okeechobee, Fl. 34972 Re: pending bid award Mr. Hunt: Although the City has worked with you for weeks to finalize the pressure clean and painting bid you submitted for City Hall, we must deny the bid award for your company. We will re -bid the job in the near future. The various issues affecting your bid include workman's comp, liability insurance coverage, and the lack of a competency certificate from the County, among other things that cannot be overcome. We look forward to future invitations to bid with you and your company in the event you can obtain the necessary certifications that are outlined in the bid documents. Kindest Regards, C-...) /a— John R. Cook City Attorney Cc: City Admin. City flail • 55 8.e. Third ' 1vgnug • Ok¢¢ehob¢¢, Florida 34974-2903 • 863.763.3372 • V X: 863.763.1686 • www.eitgofokQ¢ehobmeom CITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT PW 03-00-06-18 OPENING DATE AND TIME: June 20, 2018 at 3:00 P.M. Prepared by: David Allen, Public Works Director Dated: June 8, 2018 CITY OF OKEECHOBEE CITY COUNCIL Bid No. PW 03-00-06-18 DOWLING R. WATFORD, JR., MAYOR NOEL CHANDLER MONICA CLARK GARY RITTER MARCOS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 03-00-06-18 Invitation to Bid Advertisement Form Section I Section II Section III Section IV • Section V Section VI Section VII Section VIII Section IX Section X Section XI Section XII Attachments: General Information Scope of Work Submission Requirements Checklist Bid Documentation Bidder's Qualification Questionnaire Bonding and Insurance Requirements Contractual Agreement Performance Bond Rejection of Proposals Notice to Proceed Notice of Award Miscellaneous A No Lobbying Affidavit B Anti -Collusion Statement and No Gift Statement C Proposer's Certification D Sworn Statement Pursuant to Section 287.133(2)(a), FL § on Public Entity Crimes E Conflict of Interest Disclosure Form F Immigration Law Certification G Drug -Free Workplace Certification 1 2 3 4 5-7 8-10 11-15 16-24 25 - 28 29 30 31 32 - 33 34 35 36 37-38 39 40 41 INVITATION TO BID NO. PW 03-00-06-18 OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT Opening Date and Time: June 20, 2018, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to pressure wash and paint the Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee FL 34974. Sealed bids must be received within the General Services Department at City Hall, 55 SE 3rd Avenue, Rm 101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Wednesday, June 20, 2018. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. Bid Packets may be obtained from the General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM -4:30 PM, except holidays, or by contacting Patty Burnette, 863-763-3372 x 9820, or via email at pburnette@cityofokeechobee.com. A $25.00 non-refundable deposit per set of documents is required, made payable to the City of Okeechobee (checks & cash only accepted). Questions concerning the scope of work are to be directed to Public Works Director David Allen, 863-763-9790, or dallen@cityofokeechobee.com. NOTE: Bonding Requirements Apply to this Bid Opportunity. Submittals must be within a sealed envelope and contain two (2) clearly identified originals and one (1) copy of the bid, with the outside of the envelope clearly labeled "BID NO. PW 03-00-06-18 OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT, 6-20-18, 3:00 PM" with the submitting Company Name, and Return Address. Bids may be mailed, hand delivered and/or express mailed to the address listed above. Firms properly registered in the State of Florida are encouraged to submit their bid for consideration. It is the sole responsibility of the Bidder to deliver personally or by mail, their bid to the General Services Department on or before the closing hour and date for the receipt of bids as noted above. This solicitation does not commit the City of Okeechobee to award any contracts, to pay any costs incurred in the preparation of a response to this bid, or to contract for any services. The City Council reserves the right to reject any or all bids, to waive informalities and to accept or reject all or part of any bid, as they may deem to be in the best interests of the City of Okeechobee. Responses to this bid, upon receipt by the General Services Department, will become public records subject to provisions of Florida Statute Chapter 119 Florida Public Records Law. EEO/ADAIGINANP/DFWP By: Mayor Dowling R. Watford, Jr. on June 8, 2018 City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 1 SECTION I PW 03-00-06-18 GENERAL INFORMATION All responses which comply with the requirements of this Bid will be considered. Submittals must be made in the official name of the Firm or Individual under which business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the person, Partnership, Company, or Corporation submitting the response to this Bid. Two clearly identified originals and one copy of your proposal submittal are required. Proposal submittals will be received by the General Services Department until 3:00 p.m. on June 20, 2018. Proposal submittals are to be mailed, hand -delivered, and/or Express Mailed to: City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974 The submitting offeror is required to have printed on the sealed envelope or wrapping containing their submission their Company name and return address, the Bid Number, Title, Opening Date and Time. Proposals received after the date and time specified above shall be returned to the sender unopened. Facsimile or emailed bids will not be accepted. All proposals shall remain in effect for a period of ninety (90) days after the last day on which proposals must be submitted. IF APPLICABLE: It is expected that the project for which this bid is being submitted may be partially funded by State Appropriated Funds of fifty percent (50%) or more. In this instance, the provisions of Florida Statute 255.0991 may apply, which states that project funding in this manner prevents the City from relying on a local ordinance which grants preference in awarding bids based upon whether the bidder has a business office within the City; whether the bidder intends to hire local employees or agents; and whether the bidder pays local taxes. The Statute does however permit a preference to Contractors, Suppliers, etc. located within the State of Florida. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 2 SECTION II PW 03-00-06-18 SCOPE OF WORK SCOPE OF WORK The scope of work is to provide construction services needed to pressure wash and paint the Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee FL 34974. Questions about the scope of work should be to David Allen, Public Works Director by email to dallen@cityofokeechobee.com. The selected Contractors will be responsible for the entire scope of work, hiring licensed Subcontractors, and paying for all plans and permits from the City of Okeechobee and/or other agencies. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 3 SECTION III PW 03-00-06-18 SUBMISSION REQUIREMENTS A. The proposer shall submit: 1. Proposal on your Company's letterhead including two (2) clearly identified originals and one copy of your proposal. 2. Bid Form including qualifications in detail, which shall include information regarding licensing, experience, special qualifications, etc. 3. In addition to the Bid Form listed in Section IV, please complete the following forms that must be returned with your proposal: Attachment A — No Lobbying Affidavit Attachment B — Anti Collusion Statement and No Gifts Statement Attachment C — Proposer's Certification Attachment D — Sworn Statement Pursuant to Section 287.133(2)(a), Florida Statutes on Public Entity Crimes Attachment E — Conflict of Interest Disclosure Attachment F — Immigration Law Certification Attachment G — Drug Free Workplace Certification City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 4 Painting & Pressure Cleaning by Big Lake LLC 1111NW3rd St Okeechobee FL 34972 PH: 863-357-2773 FAX 863-763-4833 PROPOSAL Okeechobee City Hall, Fire Department and Records Retention Building Paint Project. PW -03-00-06-18 ITEM 1 Pressure wash and spray 50/50 solution for algae, repair cracks and make all necessary painting preparations for the city of Okeechobee City Hall Retention Building located at: 55 SE 3rd Avenue, Okeechobee FL 34974 AMOUNT $5560.00 ITEM 2 Seal coat and mask City of Okeechobee City seal on the north wall of City Hall and take all necessary measures needed to protect the seal from damage during painting. AMOUNT $950.00 ITEM 3 Paint the City of Okeechobee City Hall, Fire Department and Records Retention Building located at: 55 SE 3rd Avenue, Okeechobee FL 34974, Paint shall be elastomeric masonry brick and stucco paint, trim and wall colors (2 colors) to be chosen by city. AMOUNT $13,070.00 PROPOSED BID TOTAL $19580.00 SECTION IV PW 03-00-06-18 BID FORM felipt, GE-AP-A-6-144-e-Ke4Z2'n-e, (BIDDER'S COMPANY N ME) City Council 2 'C City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 I have received the documents titled Okeechobee City Hall, Fire Department, and Records Retention Building, Project No. PW 03-00-06-18. I have also received addendum number through and have included these provisions in my Bid. I have examined both the Bid documents and the construction site and submit the following Bid in which I agree: 1. To hold my Bid open until an agreement has been executed between the City of Okeechobee and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or until ninety (90) days after Bids are opened, whichever is longer. 2. Regarding the Disposition of Bid Security: to accept the provisions of the Instructions to the Bidders. 3. To enter into and execute a Contract on the basis of this Bid and to furnish a 100 percent (100%) Payment and Performance Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to be free from construction defects for a period of not less than one (1) year, if this Bid is accepted. 4. To accomplish the work included in, and in accordance with the Contract Documents, if this Bid is accepted. 5. To start work within thirty (30) calendar days from the date of the Notice to Proceed and thereafter to complete the work within sixty (60) calendar days, unless the time is modified by provisions of the contract, if this Bid is accepted. 6. Regarding Compensation for the proposed work: if this Bid is accepted, I will construct this project on a unit price basis as reflected in the Bid Unit Price Schedule on page 7 of this Bid. 7. Regarding the Award of the Contract: if I am awarded a contract for this project, l understand that the award may be for all or any portion thereof of the items listed under the Bid Unit Price Schedule. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 5 BID UNIT PRICE SCHEDULE PW 03-00-06-18 OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT PRESSURE WASH AND SPRAY 50150 SOLUTION FOR ALGAE. REPAIR STUCCO AND SEAL ALL WALL CRACKS AND MAKE ALL NECESSARY PAINTING PREPARATIONS FOR THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974, LS 1 1-5566.5 2 SEAL COAT AND MASK CITY OF OKEECHOBEE CITY SEAL ON THE NORTH WALL OF CITY HALL AND TAKE ALL NECESSARY MEASURES NEEDED TO PROTECT THE SEAL FROM DAMAGE DURING PAINTING. 1 967PLS PAINT THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE FL 34974. PAINT SHALL BE ELASTOMERIC MASONRY BRICK AND STUCCO PAINT, TRIM AND WALL COLORS (2 COLOR) TO BE CHOSEN BY CITY LS 1 /3.76C13 TOTAL BID AMOUNT m (Based on Bid Unit Prices & Estimated Quantities)'/9, 576 Bidders Company Name NOTE: This Bid is on a unit price basis. The total estimated amount is for Bid comparison purposes only. The Contractor should field verify the actual site conditions prior to time of bidding and before submitting the Bid proposal. The Contractor should read the special conditions and the requirements for insurance before submitting a Bid proposal. The Contractor should verify the quantities to be included in the construction contract. The Contractor shall furnish the City of Okeechobee with a Payment and Performance Bond in 100 percent (100%) of the total estimated amount of the contract. The Payment and Performance Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The Contractor in his Bid shall include the cost of said bond. Density testing shall be at the expense of the City of Okeechobee, except for failing tests, which shall be charged to the Contractor. I have attached the required 5 percent (5%) Bid Security to this Bid. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 6 Bidder?z,�-,`1�� • . _ ff Date: eti1� {Canpany Name) (Sipnattre) !%r' GOAD 4E 4/J/)7 nseame) Mailing Address: /10 M) g Emai per, zeDA .s9 Office Number:g63- S52*-- 7 3 Fax Number: g63 -743-5'X City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 7 SECTION V PW 03-00-06-18 BIDDER'S QUALIFICATION QUESTIONNAIRE THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED: 1. How many years has your organization been in business as a General Contractor? — o?G 2. What is the last project of this nature that you have completed? j. U' ex_n-c,C; - ,�i�L ;9Q 3. Have you ever failed to complete work awarded to you? If so, where and why? /J 4. The following are named as three (3) Corporations or Individuals for which you have performed work and to which you refer. 5. Have you personally inspected the proposed work and have you a complete plan or schedule for its performance? Provide schedule to describe the amount of work per month that is to be completed. derl fav 6. Will you sublet part of this work? If so, give details. IJ4 City of Okeechobee Public Works Department 8 Project No. PW 03-00-06-18 BIDDER'S QUALIFICATION QUESTIONNAIRE (cont'd) 7. What equipment do you own that is available for the work? • _"_�• .• _�i_�_,_•.. moi_....._ .1./. i.:.t w 8. What equipment will you purchase for the proposed work? 9. What equipment will you rent for the proposed work? 10. The following is given as a summary of the financial statement of the undersigned: (List assets and liabilities and insert sheets if necessary) L7o r„.0„L_ 11. Please provide proof of State Certification and/or State Registration by attaching copies of State Certifications. State Registrations shall also be accompanied by proof of Okeechobee County Certificate(s) of Competency by attaching copies of County Certificate(s). Possession of either a State Certification or County Competency card must be attained prior to Bid submittal. 12. State the true, exact, correct, and .complete name of the Partnership, Corporation, or trade name under which you do business. (If Corporation, state the name of the President and Secretary. If a Partnership, state the name of all Partners. If a trade name, state the name of the Individuals who do business under the trade name). 4-16 (C*CT NAME OF BIDDER) (a.) The business is a�' -1,..„ L z4 r o City of Okeechobee Public Works Department 9 1,4 4€.2 Project No. PW 03-00-06-18 (b.) The address of the principal place of business is: //// /U it) �Q g—o sg9 7. (c.) The names of the Corporate Officers, Partners, or Individuals doing business under a trade name are as follows: City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 10 SECTION VI PW 03-00-06-18 BONDING AND INSURANCE REQUIREMENTS BID BOND A certified check, cashier's check or bank officer's check, for the sum set forth in the advertisement, but not Tess than 5 percent (5%) of the total Bid, made payable to the City of Okeechobee, Okeechobee, Florida, or Bid bond in such amount, shall accompany each Bid of $25,000.00 or more as evidence of the good faith and responsibility of the Bidder. The check or bond shall be retained by the City as liquidated damages should the Bidder refuse to, or fail to, enter into a contract for the execution of the work embraced in this Bid, in the event the Bid of the Bidder is accepted. Retention of such amount shall not be construed as a penalty or forfeiture. As soon as a satisfactory contract has been executed and bonds furnished and accepted, the check or bond accompanying the Bid of the successful Bidder will be returned. The City will return the certified or other checks or Bid bonds of the unsuccessful Bidders to them only upon acceptance of the Bid of the successful Bidder and formal award of the contract by the City of Okeechobee City Council. PAYMENT AND PERFORMANCE BOND The successful Bidder shall furnish a bond written by a Corporate Surety Company, holding a Certificate of Authority from the Secretary of the Treasury of the United States as acceptable sureties on federal bonds, in an amount equal to the total amount payable by the terms of the contract, executed and issued by a Resident Agent licensed by and having an office in the State of Florida, representing such Corporate Surety, conditioned for the due and faithful performance of the work, and providing in addition to all other conditions, that if the Contractor, or its Subcontractors, fail to duly pay for any labor, materials, or other supplies used or consumed by such Contractor, or its Subcontractors, in performance of the work contracted to be done, the Surety will pay the same in the amount not exceeding the sum provided in such bonds, and that they shall indemnify and save harmless the City to the extent of any and all payments in connection with carrying out of the contract, which the City may be required to make under law. This bond shall be provided to the City within ten (10) days of notification of Bid award. The Contractor is required at all times to have a valid payment and performance bond in force covering the work being performed. A failure to have such bond in force at any time shall constitute a default on the part of the Contractor. A bond written by a Surety, which becomes disqualified to do business in the State of Florida, shall automatically constitute a failure on the part of the Contractor to meet the above requirements. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 11 Such bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to 25 percent (25%) of contract price, or an additional bond shall be conditioned that the Contractor will correct any defective or faulty work or material which appear within one (1) year after completion of the contract, upon notification by the City. INDEMNITY [CONTRACTOR] shall defend, indemnify and hold harmless the City of Okeechobee and all of the City of Okeechobee's officers, agents, and employees from and against all claims, liability, Toss and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing), of [VENDOR], its officers, agents or employees in performance or non-performance of its obligations under the Agreement. [CONTRACTOR] recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City of Okeechobee when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the City of Okeechobee in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. This clause shall survive the termination of this Agreement. Compliance with any insurance requirements required elsewhere within this Agreement shall not relieve [CONTRACTOR] of its liability and obligation to defend, hold harmless and indemnify the City of Okeechobee as set forth in this article of the Agreement. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in section 768.28, Florida Statutes. INSURANCE [CONTRACTOR] shall, at its sole cost and expense, procure and maintain throughout the term of this contract, Comprehensive General Liability, Worker's Compensation, and Commercial Automobile Liability insurance, including Employer Liability insurance, with minimum policy limits specified below Combined Single Limits, or to the extent and in such amounts as required and authorized by Florida law, and will provide endorsed certificates of insurance generated and executed by a licensed insurance broker, brokerage or similar licensed insurance professional evidencing such coverage, and naming the City of Okeechobee as a named additional insured, as well as furnishing the City of Okeechobee with a certified copy, or copies, of said insurance policies. Certificates of insurance and certified copies of these insurance policies must accompany this signed contract. Said insurance coverages procured by [CONTRACTOR] as required herein shall be considered, and [CONTRACTOR] agrees that said insurance coverages it City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 12 procures as required herein shall be considered, as primary insurance over and above any other insurance, or self-insurance, available to the City of Okeechobee, and that any other insurance, or self-insurance available to the City of Okeechobee shall be considered secondary to, or in excess of, the insurance coverage(s) procured by [CONTRACTOR] as required herein. Worker's' Compensation - Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease. Commercial General Liability (Occurrence Form Required) - (ContractorNendor) shall maintain commercial general liability (CGL) insurance with a limit of not Tess than $500,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000.00. Products and completed operations aggregate shall be $1,000,000.00. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent Contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury. Damage to rented premises shall be included at $100,000.00. Commercial Automobile Liability Insurance - (ContractorNendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 13 BID BOND KNOW ALL MEN THESE PRESENTS, that we as Principal, and as surety, are firmly bound unto the City Council, City of Okeechobee, Florida, hereinafter called the Owner in the sum of dollars ($ ) being 5 percent (5%) of the attached maximum Bid amount of dollars ($ ) the payment of which sum well and truly to be made, the said Principal and the said surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Paint Project, Bid No. PW 03- 00-06-18 based on the contract documents prepared by the City of Okeechobee Public Works Department. NOW, THEREFORE, if the Owner shall accept the Bid of the Principal and the Principal shall enter into a contract with the owner in accordance with the terms of such Bid, and give such 100 percent (100%) Bond as specified in the Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event the Principal fails to enter such contract and give such bond or bonds, if the Principal shall pay to the Owner the difference not exceeding the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of , 2018. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 14 FOR CORPORATE BIDDERS: WITNESS: FOR NON -CORPORATE BIDDERS: WITNESS: (Principal) (Seal) By Title Surety By (Seal) Typed Name Address (Principal) (Seal) By Title Surety By (Seal) Typed Name Address City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 15 SECTION VII PW 03-00-06-18 AGREEMENT This AGREEMENT is dated as of the 10th day of July in the year 2018, between the City of Okeechobee (CITY) and Painting & Pressure Cleaning by Big Lake LLC (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 The Work is described as follows: Provide construction services needed to pressure wash and paint the Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee FL 34974. ARTICLE 2. PUBLIC WORKS DIRECTOR 2.1. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall mean: City of Okeechobee Public Works Director 55 S.E. 3rd Avenue Okeechobee, FL 34974 ARTICLE 3. CONTRACT TIME 3.1 The Work shall be completed within the sixty (60) calendar days specified on the Notice to Proceed for each project assigned. 3.2 CITY and CONTRACTOR recognize that Projects may have important environmental and economic significance and, as required for compliance with Federal and State Regulations, that time is of the essence of this Agreement, and that the CITY will suffer direct financial loss if Projects are not completed as described in paragraph 3.1 Accordingly, CONTRACTOR agrees to pay CITY as liquidated damages the amount established in the following schedule per day for each day that Projects are not completed in accordance with this Article 3, Paragraph 3.1. Original Contract Amount Daily Charge per Calendar Day $500,000.00 and under $ 500.00 Over $500,000.00 but less than $1,000,000.00 $ 750.00 Over $1,000,000.00 but less than $2,500,000.00 $ 1,000.00 Over $2,500,000.00 but less than $5,000,000.00 $ 1,250.00 3.3 In addition to the provision for payment to the CITY by CONTRACTOR of liquidated damages due to the failure of the CONTRACTOR to complete each project within the time stipulated in each project's notice to proceed, or City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 16 within such additional time as may have been granted by the Public Works Director, the CITY may also recover from CONTRACTOR amounts paid by the CITY for damages suffered by third parties as a result of CONTRACTOR'S failure to complete each project within the time stipulated, or within such additional time as may have been granted by the Public Works Director, unless the failure to timely complete the project was caused by the CITY's acts or omissions. 3.4 Liquidated damages are cumulative and additive and represent a reasonable estimate of CITY's expenses for extended delays and administrative costs associated with such delay. In addition to the liquidated damage amounts, there will be additional amounts charged to the CONTRACTOR for all delay damages incurred by the CITY as a result of unavoidable delays by the CONTRACTOR. These actual delay damages will include, but not be limited to, inspection, engineering services, delay damage settlements or awards, penalties, and professional fees incurred in connection with such settlements, awards or penalties and fines imposed by regulatory agencies, contract damages and Toss of use. ARTICLE 4. CONTRACT PRICE 4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the unit prices listed in the contract documents CONTRACTOR'S Bid form on a project by project basis. 4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, on the basis of the unit prices indicated on the Bid form. ARTICLE 5. MEASUREMENT AND PAYMENT 5.1 Payment for the work, as further specified herein, shall include compensation to be received by the CONTRACTOR for furnishing tools, equipment, supplies, and manufactured articles, and for labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the work in accordance with the requirements of the contract documents, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. 5.2 The total Unit Bid Price for each project shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishings all materials, equipment, City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 17 supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 The CITY reserves the right to alter the Drawings, modify incidental work if necessary, and increase or decrease quantities of work to be performed in accordance with such changes, including deduction or cancellation of any one or more of the chapters or items. Changes in the work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes result in changes in the quantities of work to be performed, and proposed change will cause substantial inequity to the CITY or CONTRACTOR the applicable unit prices shall be equitably adjusted by change order. 5.5 Quantities necessary to complete the work as shown on the Drawings or as specified herein shall govern over those shown in the Proposal or Bid Documents. The CONTRACTOR shall take no advantage of any apparent error or omission in the Drawings or Specifications, and the Public Works Director shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 5.6 The quantities for payment, other than Final Payment, under this Contract shall be determined for actual measurement of the completed items, in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained herein. A representative of the CONTRACTOR shall witness all field measurements. 5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and supplied for the sole purpose of providing Bidder with a basis which will be used to determine the Base Bid and to obtain unit prices for approvals of progress payments for the Work done. Actual quantities which will be ordered by CITY may vary from those on the Bid Form(s). The CONTRACTOR'S attention is directed to the items of work for which no unit price is set. All work shown on the drawings as outlined in the specifications is to be completed in all respects, and the cost of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 18 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and CONTRACTOR. Requests for payment and supporting data shall be prepared by the CONTRACTOR and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. 5.9 The CONTRACTOR shall furnish the Public Works Director whatever assistance is required, laborers, clerks and records that will enable the Public Works Director to expeditiously check all estimates and especially the final quantities of the project. 5.10 CONTRACTOR shall submit Applications for Payment in accordance with Article 9 of the General Conditions. Applications for Payment will be processed by Public Works Director as provided in the General Conditions. CITY shall make progress payments on the basis of CONTRACTOR'S Applications for Payment as recommended by the Public Works Director, in accordance with Article 9 of the General Conditions. Prior to Final Completion of the Work of each Individual chapter progress payments will be in an amount equal to ninety percent (90%) of the Work completed. Upon Final Completion and Acceptance of the Work of each Individual Chapter, in accordance with Article 9 of the General Conditions, CITY shall pay the remainder of the Contract Price, as provided in Article 9. ARTICLE 6. RETAINAGE IN ANTICIPATION OF LIQUIDATED DAMAGES 6.1 CITY may withhold additional retainage if CONTRACTOR is behind schedule and it is anticipated by CITY that each portion of the Work will not be completed within the Contract Time, as specified in the Notice to Proceed. 6.2 CITY may consider CONTRACTOR'S progress schedules as amended, and compliance or non-compliance therewith and other factors, including CONTRACTOR'S failure to provide a schedule and/or to update the same. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 19 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress, or performance of the work which were relied upon by the Public Works Director in the preparation of the Drawings and Specifications. 7.3 CONTRACTOR has made or caused to be made examinations, investigations, and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 7.2 above as he deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the contract documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by the CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents. 7.5 CONTRACTOR has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. 7.6 Public Records Act Florida Statute Chapter 119 Compliance. CONTRACTOR understands and agrees that records and documents prepared by CONTRACTOR or the CITY for the performance of services may be subject to the Public Records Act, Florida Statute, Chapter 119 and may be required to be produced as provided in said statute. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the CONTRACTOR to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. ARTICLE 8. PUNCHLIST PROCEDURES Further to Florida Statutes §218.735(7)(a)(i), 1Punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows: 8.1 Within five (5) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a walkthrough with CITY ("Initial Walkthrough" a/k/a "IW"). The purpose of the City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 20 IW is to develop a preliminary checklist ("Checklist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR and CITY during the IW. The IW is to occur within ten (10) days of Substantial Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, CITY may conduct the IW with its Field Inspector. 8.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Checklist either during the IW itself, or thereafter for a period of fifteen (15) days from the date of the IW. 8.3 No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall again initiate and request a second walkthrough of the Project with the CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the IW Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR'S performance of completion of items contained on the IW Checklist) and for the purpose of developing a joint Final Punchlist. 8.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than five (5) days from the date of reaching Substantial Completion of the construction services purchase as defined in the Contract. 8.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes §218.735(7)(d) until the CONTRACTOR considers the Final Punch list to be one hundred percent (100%) complete. 8.6 CONTRACTOR agrees to complete the Final Punchlist items within fifteen (15) days of the date of its issuance by the CITY. 8.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as (a) the Final Punch list is one hundred percent (100%) complete, and (b) the CITY has been able to operate or utilize the affected Punchlist item for an additional period of fifteen (15) days. 8.8 CONTRACTOR acknowledges and agrees that the CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such the CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 21 observed by the CITY during performance of the Work. CONTRACTOR acknowledges and agrees that in calculating one hundred fifty percent (150%) of the amount which may be withheld by the CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(d), the CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the schedule of value associated with such Work activity, but rather total costs are based upon the value (i.e. cost) of completing such Work activity based upon market conditions at the time of Final Punchlist completion. ARTICLE 9. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the CITY and the CONTRACTOR are made a part hereof and consist of the following: • This Agreement • Certificates of Insurance • Payment Bond and Performance Bond • Notice of Award • Notices to Proceed • General Conditions • Technical Specifications, as applicable, listed in the Table of Contents thereof. • Drawings, for each project, consisting of a cover sheet and consisting of the sheets as listed in the index thereof. • Addenda numbers to , inclusive. • CONTRACTOR'S Bid Forms (including documentation accompanying the Bid and documentation prior to Notice of Award). • Documentation submitted by CONTRACTOR prior to Notice of Award. • Any modification, including Change Orders and Field Orders, duly delivered after execution of Agreement. • Call for Bids, Instructions to Bidders, Proposal, Bid Forms, Payment and Performance Bonds, and Application for Payment. There are no contract documents other than those listed above in this Article 9. The contract documents may only be altered, amended, or replaced by a modification (as defined in Section 1 of the general conditions). City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 22 ARTICLE 10. MISCELLANEOUS 10.1 Terms used in this agreement which are defined in Article 1 of the general conditions shall have the meanings indicated in the general conditions. 10.2 No assignments by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound, and any such assignment shall be void and of no effect; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents. 10.3 CITY and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained in the contract documents. ARTICLE 11. INDEMNIFICATION To the fullest extent permitted by law the Recipient's CONTRACTOR shall indemnify and hold harmless the Recipient, the State of Florida Department of Transportation (FDOT), and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient, the FDOT, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, in whole or in part, by professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification. shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 23 ARTICLE 12. E -VERIFICATION Vendors/CONTRACTORS 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 Vendor/CONTRACTOR during the term of the contract. Vendors/CONTRACTORS 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. IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At least one counterpart each has been delivered to the CITY and CONTRACTOR. All portions of the contract documents have been signed or identified by CITY and CONTRACTOR or by Public Works Director on their behalf. This Agreement will be effective on CITY CONTRACTOR 11 By: By: �l r Q` HA,+- Dowling R. Watford, Jr. Mayor Name: X1 -6 ► _0.J/_ , Attest: Title: ,-,-,2 1). -72., -/JP -C, Lane ,,, C -- Lane Gamiotea, CMC, CITY Clerk Addresses for giving notices: CITY City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Attest: �,�1y 61G, -ft hL+- Title: Corporate Seal CONTRACTOR 11\1 N•JD 3— Florida State Contractors License No Approved as to form and legality for the use and reliance of the City of Okeechobee only. John R. Cook, City Attorney City of Okeechobee Public Works Department 24 Project No. PW 03-00-06-18 SECTION VIII PW 03-00-06-18 PERFORMANCE BOND Project Name: Okeechobee City Hall, Fire Department, and Records Retention Building Paint Project Bid No: PW 03-00-06-18 Bond No: Know all men by these presents that: (Name of Contractor) (Address of Contractor) a (Corporation, Partnership, or Individual) hereinafter called Principal, and hereinafter called Surety, are held and firmly bound unto: (Name of Owner) (Address of Owner) hereinafter called Owner, in the penal sum of dollars, ($ ), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas, the principal entered into a certain contract with the owner, dated the day of , 2018, a copy of which is hereto attached and made a part hereof, date(s) to be filled in by owner. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 25 This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes, as the same may be amended. The surety shall be bound by any and all arbitration awards to the same extent as Contractor is bound. Now, therefore, the condition of this obligation is such that if principal: 1. Promptly and faithfully performs it's duties, all the covenants, terms, conditions, and agreements of said contract and remedies without cost to City any defects which may develop during a period of one (1) year from the date of the issuance of the final certificate of completion and acceptance of the work performed under said agreement, and 2. Pays owner all losses, damages (liquidated or actual), expenses, costs and attorney's fees including costs and attorney's fees on appeal that owner sustains resulting directly or indirectly from any breach or default by principal under the contract, and 3. Satisfies all claims and demands incurred under the contract, and fully indemnifies and holds harmless the owner from all costs and damages which it may suffer by reason of failure to do so, then this bond is void; otherwise it shall remain in full force and effect. In the event that the principal shall fail to perform any of the terms, covenants, and conditions of the contract during the period in which this performance bond is in effect, the surety shall remain liable to the owner for all such loss or damage (including reasonable attorney's fees and costs and attorney's fees on appeal) resulting from any failure to perform up to the amount of the penal sum. In the event that the surety fails to fulfill its obligations under this performance bond, then the surety shall also indemnify and hold the owner harmless from any and all loss, damage, cost and expense, including reasonable attorney's fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this performance bond. The surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon owner's pursuit of its remedies against principal, and :shall remain in full force and effect notwithstanding (i) amendments or modification to the contract entered into by owner and principal without the surety's knowledge or consent, (ii) waivers of compliance with or any default under the contract granted by owner to principal without the surety's knowledge or consent, or (iii) the discharge of principal from its obligations under the contract as a result of any proceeding initiated under the Bankruptcy Code of 1978, as City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 26 the same may be amended, or any similar state or federal law, or any limitation of the liability of principal or its estate as a result of any such proceeding. Any changes in or under the contract documents (which include the plans, drawings, and specifications), and compliance or noncompliance with any formalities connected with the contract or the changes therein shall not affect surety's obligations under this bond, and surety hereby waives notice of any such changes. Further, principal and surety acknowledge that the penal sum of this bond shall increase or decrease in accordance with approved changes or other modifications to the contract documents. IN WITNESS WHEREOF, this instrument executed in (Number) counterparts, each of which shall be deemed an original, this day of 2018. ATTEST: Principal Secretary Name (Corporate Seal) Witness as to principal Witness as to principal Principal By Name Title Address City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 27 ATTEST: Surety Surety Secretary Name (Corporate Seal) By Attorney -in -Fact Witness as to Surety Name Address Note: Date of bond must not be prior to date of contract. If Contractor is a Partnership, all partners should execute bond. Important: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located, unless otherwise specifically approved in writing by the City. Attach: A certified copy of Power of Attorney appointing Individual Attorney -in -Fact for execution of performance bond of behalf of surety. (The performance bond and the payment bond and the covered amounts of each are separate and distinct from each other.) City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 28 SECTION IX PW 03-00-06-18 REJECTION OF PROPOSALS 1. The City may reject a Bid if: a. The Proposer conceals any material fact in the proposal. b. The proposal does not strictly conform to the law or requirements of the proposal. c. The City may, however, reject any or all Bids, whenever it is deemed in the best interest of the City to do so and may reject any part of a Proposal. The City may also waive any minor informalities or irregularities in any Proposal. 2. Proposal Protest Procedure: a. Any Proposer that has submitted a formal proposal to City of Okeechobee, and who is adversely affected by the decision with respect to the award of the formal proposal, may file with the City Administrator's Office, City of Okeechobee, 55 S.E. 3rd Avenue, Okeechobee, FL 34974, a written Protest no later than forty-eight (48) hours (excluding Saturdays, Sundays and Legal Holidays) of the decision of the City of Okeechobee City Council to award the proposal. b. The "Notice of Intent to File a Protest" document shall be in the form of a letter stating all grounds claimed for the Protest. Failure to do so shall constitute a waiver of all rights to seek any further remedies provided for under this Protest Procedure. c. The City Administrator shall submit the protest statement and affidavits along with his or her own statement and affidavits in support of the award of the formal proposal to the City Council for a final determination of the protest. City of Okeechobee Project No. PW 03-00-06-18 Public 'Works Department 29 Date: To: SECTION X PW 03-00-06-18 NOTICE TO PROCEED SUBJECT PROJECT: PW 03-00-06-18 Okeechobee City Hall, Fire Department, and Records Retention Building Paint Project You are hereby notified to proceed with the Work on the Subject Project on or before days. and to complete the same within calendar The completion date for the Work shall be: OWNER: BY: City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 David Allen Public Works Director CONTRACTOR'S ACKNOWLEDGMENT OF RECEIPT OF NOTICE: CONTRACTOR: Name: Date: Address: Signature: Title: City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 30 B12 10;2.2a1.. 51cdus rrussaye- re,. NOTICE OF AWARD PW 03-00-06-18, OKEECHOBEE CITY HALL, FIRE DEPARTMENT, and RECORDS RETENTION BUILDING PAINT PROJECT July 16, 2018 Painting & Pressure Cleaning by Big Lake LLC. Attn: Mr. Wade Hunt 1111 NW 3rd Street Okeechobee, FL 34972 Dear Mr. Hunt, The City Council awarded the PW 03-00-06-18, OKEECHOBEE CITY HALL, FIRE DEPARTMENT, and RECORDS REI)t'tENTION BUILDING PAINT PROJECT bid to your company, Painting & Pressure Cleaning by Big Lake LLC at the July 10, 2018 City Council Meeting in the amount of $19,580.00. In order to proceed with the project, you will need to provide the City of Okeechobee with the following by Thursday, July 26, 2018: S O If'nqofrebu et certified copy of the insurance policies with the declaration pages for the General Liability and Commercial Auto Insurance. The insurance agent can use a stamp and state that it is a true and original copy and then sign and date it or they can write CommOretr 1 something to the fact on their letterhead listing the policy numbers, signing and dating it. The City of Okeechobee also needs !` Au7o to be listed as additional insured with the limits specified per Section VI of the bid packet, pages 12 and 13. -..- OE Workers Compensation Insurance certificate with the limits specified per Section VI of the bid packet, pages 12 and 13. wo Nat ✓• W-9. recd Pres; re.,CIP n; �,f�{n�� r paelhn.`� G__ Copy oYCounty ofkkeechobed Business Tax Receipt. — kerf if, ea-Ic o i CemPr'fetINPei f��f rr46j ) Pecd8aerl Summary of the financial statement per question #10 of the Bidder's Questionnaire Section V of the bid packet, pages 8-10. r e_ atrvea- Performance Bond per Section VIII of the bid packet, Pages 25 - 28. Two original executed sets of the attached Agreement. One set will be returned to you after executed by the City. oy! (ItNielook forward to working with you on this project. Should you have any questions please feel free to contact Patty Burnette, 863- 763-9820, or by email at pbumettecityofokeechobee.com. Sincere) David Alien Public Works Director City of Okeechobee 55 SE Third Avenue Okeechobee, FL 34974 Tele: 863-763-9790 Fax: 863-763-1686 dallen(c,cityofokeechobee.com SECTION XII PW 03-00-06-18 MISCELLANEOUS A. No Lobbying: All respondents are hereby placed on notice that any communication, whether written or oral, with City of Okeechobee elected officials or any City staff or outside Individuals working with the City in respect to this request (with the exception of the General Services personnel designated to receive requests for interpretation or corrections or technical questions), is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for Bid, proposals, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. All respondents must submit the attached No Lobbying Affidavit with their submittal stating that they and their Subcontractor, sub -consultants and agents agree to abide by the no lobbying restrictions in order to be considered for this request. Any respondent that does not submit the required No Lobbying Affidavit will be automatically disqualified from further consideration. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment A B. Collusion, Gratuities and Kickbacks: It shall be unethical for any respondent to collude with any other respondent or offer, give or agree to give any City Council member, City employee or City representative (including selection committee members) a gift, gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of the procurement process. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment B C. Modifications: The City reserves the right to modify, alter or change the scope or other aspects of this solicitation. D. Level Playing Field: The contents of this solicitation are intended to provide a level playing field on which Firms or Individuals may base their responses. E. Public Entity Crime Affidavit: As requested by Florida Statute 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a Bid on a contract with a Public Entity for the construction or repair of a public building or a public work, may not submit Bids on leases of real property to a Public Entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a contract with any Public Entity, and may not transact business with any Public Entity in excess of the threshold amount provided in F.S. 287.017 for City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 32 Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Any person must notify the City within thirty (30) days after a conviction of a Public Entity crime applicable to that person or to an affiliate of that person. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment B F. Conflict of Interest: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their submission the name of any officer, director, employee or agent who is also a public officer, employee or an agent of the City of Okeechobee City Council, or any of its agencies. Furthermore, all respondents must disclose the name of any City officer, employee or agent who owns, directly or indirectly, an interest of five percent (5 %) or more in the Firm or any of its parent companies or subsidiaries. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment E G. Immigration Laws: Respondents must comply with all applicable immigration laws in their employment practices. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment F H. Tie Proposals: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to quality and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors has a drug-free workplace program. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 33 ATTACHMENT A PW 03-00-06-18 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF 0624.41arIA-Pe-- 291_, This PA day o ,_./.4,,,z_k_ , 2018, ', eptia,K-12, being first duly ti orn, depo is and ays that he/sh the authorized representative of f , ,L, _ , i .0 .,„ ,„_, ,,,s,,,,, ..5,v‘ • ,,, of me of Contractor, Firm or Individua respondent to the a -ch'# -quest for Bid, proposal or qualifications and/or any other solicitation released by City of Okeechobee, and that the Bidder and any of Is ' agents agrees to abide by the City of Okeechobee no lobbying restrictions n -r gard to this solicitation. (3 8 Cr-co-aA-k_n_k_ C Geo—r-t Affiant The foregoing instrument was a cknowledged and subscribed before me this of CT1 20/f,by alag:76., OR produced as identification. day own NOTARY PUBLIC TATEOp FLORIDA JUDITH LOCKHART COMMISSION # FF166348 EXPIRES Nov 22, 2018 BONDED THROUGH Commission No. /66 .3 City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 34 ATTACHMENT B PW 03-00-06-18 ANTI -COLLUSION STATEMENT AND NO GIFTS STATEMENT Date: 6/A5 Anti -collusion statement: The below -signed Bidder has not divulged to, discussed, or compared his/her Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. No gifts statement: No premiums, rebates, gifts or gratuities are permitted with, prior to, or after submission of the Bid. Any such violation will result in rejection of the Bid and removal from the Bid list(s). Firm Name: By (printed/typed): By (signature): Title: Mailing Address: City, State, Zip: Telephone No.: A-00 1/11 Ai u.) -24 _2tth 44: ZDko 34-1 - 2 57 -;7;,3 City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 35 ATTACHMENT C PW 03-00-06-18 PROPOSER'S CERTIFICATION I have carefully examined this Request for Bids (BID)/Request for Proposals (RFP)/ Request for Qualifications (RFQ), which includes scope, requirements for submission, general information and the evaluation and award process. I acknowledge receipt of the following addenda. Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: I hereby propose to provide the services requested in the City's BID/RFP/RFQ and, if awarded, to enter into the attached draft contract. I agree that the terms and conditions of the City's BID/RFP/RFQ shall take precedence over any conflicting terms and conditions submitted with my proposal and agree to abide by all conditions of the BID/RFP/RFQ, unless a properly completed Exceptions to BID/RFP/RFQ form is submitted. I acknowledge that the City may not accept the proposal due to any exceptions. I certify that all information contained in my proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company as its agent and that the Company is ready, willing and able to perform if awarded a contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion or collusion with any other person, Company or Corporation submitting a proposal for the same product or service; no gratuities, gifts or kick -backs were offered or given by the Bidder or anyone on its behalf to gain favorable treatment concerning this procurement; no City Council member, employee or agent of City of Okeechobee or of any other Company is interested in said Bid; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. e of Business Authorized Signature Title, Typed STATE OF FLORIDA COUNTY OF 2L4 //// Aho .3 Mailin ress City, State & Zip Code <3—&S2-2723�tri 3- 9 -22 Telephone Number/Fax umber E ail A:dress The foregoing instru ent was acknowledged and subscribed before me thisp/fy of ftiic� , 20 . byi9-- t;who is personally known t/ OJ produced /� �� , P Y as identification. City of Okeechobee Public Works Department Signature of Notary Public Name of Notary Typed, Printed, or mped Commission No. 4111 NOTARY STATE OF FLORIDA 110. JUDITH LOCKHART COMMISSION # FF166348 EXPIRES Nov 22, 2018 BONDED THROUGH RU INSURANCE COMPANY 36 Project No. PW 03-00-06-18 ATTACHMENT D PW 03-00-06-18 SWORN STATEMENT PURSUANT TO SECTION 287.133 (2)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to CITY OF OKEECHOBEE, FLORIDA by: urn ,m )V(J 1117 , (print Individual's name and title) for: (print nam of entity submitting sworn statement) wlite bu mess address is: 1/ji A & 3 4& i 'DX5'97 and (if applicable) its Federal Employer Identification Number (FEIN) is: 5)4 -'6-5>1.F2Q2 (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ' - - .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any Bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 37 United States with the legal power to enter into a binding contract and which Bids or applies to Bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). • Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. O The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN T • ' FORMATION CONTAINED IN THIS FORM. Signature STATE OF FLOA COUNTY OF The foregoing instrument wa ack owledged and subscribed before me tttl's 6 day of 20ZZ by 4c / , who is personally known O produced as identification. City of Okeechobee Public Works Department Signature of Notary Public Name of Notary Typed, Printed, or 38 S,j4rriped ;`►�mmissi � � I ' LOCKHART COMMISSION # FF166348 EXPIRES Nov 22, 2018 NDED THROUGH RLI INSURANCE COMPANY Project No. PW 03-00-06-18 ATTACHMENT E PW 03-00-06-18 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Bidders must disclose if any City of Okeechobee employee(s), elected official(s), or any of its agents is also an owner, corporate officer, director, agent, employee, etc., of their business. Indicate either "yes" (a City employee, elected official or agent is associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO . Name(s) Position(s) Firm Name: 1 c. � 5 t`c 517 -Or' - bar {Pis 1 vi- L)-�--�- By (Printed): By (Signature): Title: D LA> n ser -7/n Fin Address: Phone Number: C,63 - 3 5/- 37 7 3 City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 39 ATTACHMENT F PW 03-00-06-18 IMMIGRATION LAW CERTIFICATION City of Okeechobee will not intentionally award City contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324 a(e) (Section 274a(e) of the immigration and nationality act ("INA")). City of Okeechobee may consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the contract by City of Okeechobee. Respondent attests that it is fully compliant with all applicable immigration laws, specifically relating to the 1986 immigration act and subsequent amendments. Title *),b hf" Date STATE OF FLOegaArizz4,44_, COUNTY OF The foregoing inffument;vs acknowledged V and subscribed before me thisday o 20/r, by , who is personally known OR' produced as identification. ----- Signature of Notary Public Name of Notary Typed, Printed, or Sta City of Okeechobee Public Works Department JUDITH LOCKHART COMMISSION # FF166348 EXPIRES Nov 22, 2018 BONDED THROUGH RU INSURANCE COMPANY 40 Commission No. Project No. PW 03-00-06-18 ATTACHMENT G PW 03-00-06-18 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this-s`ratement, I certify that this Firm complies fully with the above requirements. Signature: "I l" Date: Aer Compan Z.Z.G Name: G00-41214 Address: /i// /v W Title: r,/�-P--c� Qj(J V 3y 9 72 Phone Number. 24- - 8S% City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 41 6/21/2018 Detail by Entity Name DIVISION OF COPPORATIONS Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company PAINTING & PRESSURE CLEANING BY BIG LAKE, LLC Filing Information Document Number L14000069522 FEI/EIN Number 46-5548309 Date Filed 04/30/2014 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 06/18/2014 Event Effective Date NONE Principal Address 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Mailing Address 1111 NW 3RD STREET OKEECHOBEE, FL 34972 tEegistered Agent Name & Address HUNT, DONNA 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Authorized Person(E) Detail Name & Address Title MGR HUNT, WADE, JR 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Title AP LOCKHART, JUDY 1106 NW 7TH CT OKEECHOBEE, FL 34972 Title MGR http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=PAINTING.. 1/2 6/21/2018 HUNT, DONNA 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Annual Reports Report Year Filed Date 2016 04/11/2016 2017 04/09/2017 2018 03/28/2018 Document Images 03/28/2018 — ANNUAL REPORT 04/09/2017 — ANNUAL REPORT 04/11/2016 -- ANNUAL REPORT 04/09/2015 — ANNUAL REPORT 06/18/2014 — LC Amendment 04/30/2014 — Florida Limited Liability Detail by Entity Name View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format http://sea rch.su nbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inq uirytype=EntityName&directionType=1 nitial&sea rch NameOrder=PAINTING... 2/2 82818,11:52a By Big Lake g 2818,12:46p Lockhart Accounting Cash Basis 8639048800 8637634833 p.2 p.1 Painting &Pressure Cleaning by Big Lake LLC Balance Sheet As of August 28, 2018 ASSETS Current Assets Checking/Savings bank -New CenterState Total Checking/Savings Accounts Receivable Accounts Receivable Totzi Accounts Receivable Total Current Assets Fixed Assets Equipmenttrools Furniture and Equipm Land Purchase Vehicles & Trailers nttOffice Aug 28,18 14,933.95 14,933.95 -775.00 -775.00 14,158.95 37,758.17 4,147.71 5,500.00 66,790.00 Total Fixed Assets 114,195.88 TOTAL ASSETS 128,354.83 LIABILITIES 8 EQUITY Liabilities Current Liabilities Other Current Llabiltles Payroll Liabilities Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity Add'I Paid n Capital Opening Balance Equity Retained Earnings Shareholder Distributions Net Income 1,206.26 1,206,26 1,206,26 1,206,26 8,647.03 53,166.43 63,483.71 -21,749.07 23,580.50 Total Equity 127,148.57 TOTAL LIABILITIES & EQUITY 128,354.83 Paget A 2818, 11:52a By Big Lake c). opc-c.) ro 2. 8639048800 p.1 Form (Rev. November 2017) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification P. Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. I See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Painting & Pressure Cleaning by Big Lake LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. • Individual/sole proprietor or II C Corporation • S Corporation II Partnership NI Trust/estate single -member LLC 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (f any) 17 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is Otherwise, -member LLC that Exemption from FATCA reporting code (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. a single is disregarded from the owner should check the appropriate box for the tax classification of its owner. • Other (see instructions) P. (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 1111 NW 3rd St Requester's name and address (optional) 6 City, state, and ZIP code Okeechobee FL 34972 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Zine 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other ontttine it is s,n,,r cmnlnvar irientlfinatinn nt tmhar (FINL If you do not have a number. see How to oet a Social security number — — TIN, later. Note: If the account is In more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer identification number 4 6 5 5 4 8 3 0 9 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► General Instrtion' Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information retums include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) Date 0- %/e‘9‘/J"--- • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 10984 (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not retum Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW* * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 5/13/2018 EXPIRATION DATE: 5/12/2020 PERSON: HUNT WADE G JR FEIN: 465548309 BUSINESS NAME AND ADDRESS: PAINTING & PRESSURE CLEANING BY BIG LAKE LLC 1111 NW 3RD STREET OKEECHOBEE FL SCOPE OF BUSINESS OR TRADE: Painting NOC & Shop Operations, Drivers 34972 IMPORTANT: Pursuant to Chapter 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt... apply only within the scope of the business or trade listed on the notice of election to be exempt. Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (850)413-1609 JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 5/13/2018 EXPIRATION DATE: 5/12/2020 PERSON: DONNA HUNT EMAIL: JLOCKHART2004@HOTMAIL.COM FEIN: 465548309 BUSINESS NAME AND ADDRESS: PAINTING & PRESSURE CLEANING BY BIG LAKE LLC 1111 NW 3RD STREET OKEECHOBEE, FL 34972 SCOPE OF BUSINESS OR TRADE: Painting NOC & Shop Operations, Drivers IMPORTANT: Pursuant to Chapter 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05(12), F.S., Certificates of election to be exempt... apply only within the scope of the business or trade listed on the notice of election to be exempt Pursuant to Chapter 440.05(13), F.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 QUESTIONS? (850)413-1609 OKEECHOBEE COUNTY STATE OF FLORIDA IN CONSIDERATION of the TOTAL SUM OF MONEY shown hereon, the receipt of which is hereby acknowledged. Company ID #: 11373 No. 290 Business Tax Receipt 2018-2019 7/16/2018 Public Service (0030) (01-5 Employees $13.75 TOTAL $13.75 PAINTING & PRESSURE CLN BY BIG LAKE LLC is hereby licensed to engage in the business, profession or occupation of PRESSURE CLEANING Public Service (0030j (01-5 Employees) at 1st day of 1111 NW 3RD ST in Okeechobee, Florida, for the period beginning the October 2018 and ending on the30th day of September, 2019 Celeste Watford, C.F.0 - Tax Collector HUNT, DONNA (863)357-2773 CITY OF OKEECHOBEE BUSINESS TAX RECEIPT No. 2263 Date: 11/13/17 55 SE 3rd Avenue, Okeechobee, FL 34974 October 1, 2017 - September 30, 2018 Address: 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Activity 805 - PRESSURE CLEANING. Issued to: B PAINTING & PRESSURE CLN BY BIG HUNT, DONNA 1111 NW 3RD STREET OKEECHOBEE, FL 34972 RECEIPT PENALTY APP/TRAN BLDG INSP FIRE INSP Total Paid 31.50 4.73 36.23 BUSINESS TAX OFFICIAL HUNT, DONNA (863)357-2773 Address: 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Activity: 4000 PAINTING SERVICE Issued to: B CITY OF OKEECHOBEE BUSINESS TAX RECEIPT 55 SE 3rd Avenue, Okeechobee, FL 34974 October 1, 2017 - September 30, 2018 PAINTING & PRESSURE CLN BY BIG HUNT, DONNA 1111 NW 3RD STREET OKEECHOBEE, FL 34972 No: 2263 Date: 11/13/17 RECEIPT PENALTY APP/TRAN BLDG INSP FIRE INSP Total Paid 52.50 7.88 60.38 BUSINESS TAX OFFICIAL HUNT, DONNA (863)357-2773 CITY OF OKEECHOBEE BUSINESS TAX RECEIPT No. 2263 Date: 7/16/18 55 SE 3rd Avenue, Okeechobee, FL 34974 OCTOBER 1, 2018 - SEPTEMBER 30, 2019 Address: 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Activity: 805 - PRESSURE CLEANING. Issued to: A PAINTING & PRESSURE CLN BY BIG HUNT, DONNA 1111 NW 3RD STREET OKEECHOBEE, FL 34972 FOR A NEW BUSINESS BTR IS VALID FROM DATE OF ISSUE BUSINESS TAX RECEIPT OFFICIAL RECEIPT PENALTY APP/TRAN BLDG INSP FIRE INSP Total Paid 31.50 31.50 Y1U11'� 1a- HUNT, DONNA (863)357-2773 Address: 1111 NW 3RD STREET OKEECHOBEE, FL 34972 Activity: 4000 PAINTING SERVICE Issued to: A CITY OF OKEECHOBEE BUSINESS TAX RECEIPT 55 -SE 3rd Avenue, Okeechobee, FL 34974 OCTOBER 1, 2018 - SEPTEMBER 30, 2019 PAINTING & PRESSURE CLN BY BIG HUNT, DONNA 1111 NW 3RD STREET OKEECHOBEE, FL 34972 FOR A NEW BUSINESS BTR IS VALID FROM DATE OF ISSUE No: 2263 Date: 7/16/18 RECEIPT 52.50 PENALTY APP/TRAN BLDG INSP FIRE INSP Total Paid 52.50 YIUYY� 1301U\IL BUSINESS TAX RECEIPT OFFICIAL reed Mg— .D -t -i (1 r\Ccvre e -t ACORD" CERTIFICATE OF LIABILITY INSURANCE f DATE (MM/DO/MY) 08/28/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Accurate Insurance Services, Inc. 101 S.W. Park St. Okeechobee, FL 34972 Phone (863) 357-1707 Fax (863) 357-0317 INSURED Painting & Pressure Cleaning By Big Lake, LLC (Wade Hunt) 1111 NW 3rd St Okeechobee FL 34972 Marcus A Haniman PHONE (863)357-1707 ,(A/C, No, Ext)* MAIL ADDRESS: unIstar32@earthlink.net INSURER(S) AFFORDING COVERAGE FAX (A1C, Nol: _.._ (863) 357-0317 NAIC # INSURER A: Granada Insurance Company INSURER B: Progressive Express Insurance Company ,10193 INSURER C : INSURER D: INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLSUBR - POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/111(YY) LIMITS Q COMMERCIAL GENERAL LIABILITY _EACH OCCURRENCE _____ $ 500,000 3 0 CLAIMS -MADE d OCCUR DAMAGE TO RENTED 100,000 ❑ P(fEMISES(Eaoccurrence)_ S_____ ___ ❑ MED EXP_(Mv one person) s 5,000 A I ❑ 0185FL00103111 - 0 11/09/2017 11/09/2018 PERSONALS ADV INJURY $ 500,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 Vi I d❑ POLICY 0 128: 0 LOC PRODUCTS - COMP/OP AGG $ 1,000,000 ✓i I ❑ OTHER S i AUTOMOBILE LIABILITY 0 ANY AUTO OW nee!, hired y ` OWNED SCHEDULED B ❑AUTOS ONLY D AUTOS 08088728-0 �,C` ❑ HIRED 0 NON -OWNED j ❑ AUTOS ONLY 0 AUTOS ONLY \i ❑ UMBRELLA LIAB 0 OCCUR ❑ EXCESS LIAR 0 CLAIMS -MADE O DED O RETENTIONS,_^___ WORKERS COMPENSATION i AND EMPLOYERS' LIABILITY Y 1 N qr). en��Ir�� '�'� Q r ANY PROPRICER/MEETOR EXCLUDED? CUTIV end OFFICER/MEMBER EXCLUDED? iI N 1 A (Mandatory In NH) Ir yes, describe under y^ DESCRIPTION OF OPERATIONS below CC(0.(10-10". [ l reed- ' n—.3Lb 08/28/2018 08/28/2019 COMBINED SINGLE LIMIT (Es eccidentt $ BODILY INJURY (Per person) $ 10,000 S 20,000 $ 10,000 S EACH OCCURRENCE S AGGREGATE S BODILY INJURY (Per accident PROPERTY DAMAGE a DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLE: Pressure Cleaning Painting - interior or Painting - exterior building City of Okeechobee has been listed as Additio CERTIFICATE HOLDER CITY OF OKEECHOBEE 55 SE 3RD AVE OKEECHOBEE, FL 34974 (FAX 863.763.1686 ACORD 25 (2016/03) QF STATUIE 0 ER. E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEEi $ E.L. DISEASE - POLICY LIMIT a E DESCRIBED POLICIES BE CANCELLED BEFORE REOF, NOTICE WILL BE DELIVERED IN )LICY PROVISIONS. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCURATE INS SERVICE 101 SW PARK ST OKEECHOBEE, FL 34972 SEP 0 7 2018 CITY OF OKEECHOBEE 55 SE 3RD AVE OKEECHOBEE, FL 34974 Additional insured endorsement Name of Person or Organization CITY OF OKEECHOBEE 55 SE 3RD AVE OKEECHOBEE, FL 34974 PROGREll/UE' COMMERC/AL Policy number: 08088728-0 Underwritten by: Progressive Express Ins Company Insured: PAINTING & PRESSURE August 30, 2018 Policy Period: Aug 28, 2018 - Aug 28, 2019 Mailing Address Progressive Express Ins Company PO Box 94739 Cleveland, OH 44101 1-800-444-4487 For customer service, 24 hours a day, 7 days a week The person or organization named above is an insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the extent of that liability. We also agree with you that insurance provided by this endorsement will be primary for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury $10,000 each person/$20,000 each accident Property Damage $10,000 each accident Combined Liability Not applicable All other terms, limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number: 08088728-0 Issued to (Name of Insured): PAINTING & PRESSURE CLEANING BY BIG LAKE, LLC Effective date of endorsement: 08/28/2018 Policy expiration date: 08/28/2019 Form 1198 (01/04) 1•11.11101....• 001.1111•••••111110 11••••111.1.... .M.11111MMINIOM •••111111600MAIMM .M10110111.1101•110 milANNOMMINIM 11•1111111..•••••• 1•01111111110.1 MISMIIM•111110111 M111111•1•10011.1 IM10111111111.1 11=1111111... 1•01111111101! A • a" " V Nallii101.1111111110 0 .wwww•MO1111111• .11111111110111M 0 0 0 .loommim.0111111.• (.4 .moomn. 11•11111 CITY OF OKEECHOBEE, PUBLIC WORKS Memo To: Marcos Montes De Oca, City Administrator From: David Allen, Public Works Director Date: 6/28/2018 I Re: City Hall, Fire Department and Records Room paint project The Public Works Department recommends awarding the contract for City Hall, Fire Department and Records Room pressure washing and painting services. Big Lake LLC in the amount of $19,580.00. The bid amount for the project is less than the amount budgeted for the project. There was no mandatory pre-bid meeting for the project. Several local painters/contractors were informed of the project and inquiries were received from several firms but Big Lake LLE was the only contractor to bid on the project. Big Lake is a local contractor with a good reputation. r BID TABULATION OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT PW 03-00-06-18 Posted: June 20, 2018 @ 4:30 PM To be removed: June 29, 2018 @ 4:30 PM Painting & Pressure Cleaning by Big Lake LLC ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT 1 Pressure wash and spray 50/50 solution for algae. Repair stucco and seal all wall cracks and make all necessary painting preparations for the City of Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee, FL 34974. LS 1 $5,560.00 2 Seal coat and mask City of Okeechobee City Seal on the North wall of City Hall and take all necessary measures needed to protect the seal from damage during painting. LS 1 $950.00 3 Paint the City of Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee, FL 34974. Paint shall be elastomeric masonry brick and stucco paint, trim and wall colors (2 colors) to be chose by City. LS 1 $13,070.00 TOTAL BID AMOUNT (Based on Bid Unit Prices & Estimated Quantities) $19,580.00 Posted: June 20, 2018 @ 4:30 PM To be removed: June 29, 2018 @ 4:30 PM JULY 10, 2018 - REGULAR MEETING - PAGE 6 OF 7 AGENDA COUNCIL ACTION - DISCUSSION -VOTE VIII. NEW BUSINESS CONTINUED E. Discuss a potential name change of the Treasure Coast Regional League of Cities continued. F. Motion to award a Bid in the amount of $19,580.00 for Project No. PW 03-00-06-18 for pressure washing and painting City Hall, Fire Department, and Records Retention Building - Public Works Director (Exhibit 7). - G. Motion to approve maximum millage rate for advertisement for 2018 Tax notices, 8.9932 for Budget Year 2018-19 - Finance Director (Exhibit 8). H. Motion to approve 2018-19 Budget Preparation and Millage Calendar setting workshop(s) to be held August 21, 2018, at 5:00 P.M., August 28, 2018, at 5:00 P.M. (if needed), First Public Hearing September 4, 2018, at 6:00 P.M., and Final Public Hearing September 18, 2018, at 6:00 P.M., all to be held in Council Chambers at 55 Southeast 3b Avenue, Okeechobee, Florida - Finance Director (Exhibit 9). Council Member Clark expressed the name should be left as is, and the costs associated with a name change would not be worth it. Mayor Watford and Council Member Chandler echoed Council Member Clark's remarks. The consensus of the Council is to recommend the name remain the same. Council Member Chandler moved to award Bid No. PW 03-00-06-18 to Painting and Pressure Cleaning by Big Lake, LLC, in the amount of $19,580.00 for pressure washing and painting City Hall, Fire Department, and Records Retention Building; seconded by Council Member Clark. The Bid was let on June 8, 2018, and opened on June 20, 2018. There was no Pre -Bid meeting scheduled. No other Bids were received. Public Works Director Allen explained the project and added the Bid received is slightly under budget. Council Member Clark recommended Staff research paint options/variations to the elastomeric paint and ensure there is a "fading" warranty included. VOTE: WATFORD—YEA CHANDLER—YEA CLARK—YEA RITTER — YEA MOTION CARRIED. Council Member Ritter moved to approve the maximum Millage Rate for advertisement for 2018 Tax Notices as 8.9932 for Budget Year 2018-19; seconded by Council Member Clark. Finance Director Riedel presented the recommendation of advertising the Millage Rate at the maximum allowed. Using the "Truth in Millage" process, the Rate is calculated by the roll-back/roll-forward Rate, plus one Mill. The current FY Millage was adopted at 7.9932. Once the tentative Millage is set, the Council retains the authority to lower it through the budget adoption process, but cannot increase it more than the Rate set and advertised. Mayor Watford explained adopting the maximum rate is the City's typical procedure and is not necessarily what is enacted, but what is used to advertise. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA RITTER—YEA MOTION CARRIED. Council Member Ritter moved to approve the FY 2018-19 Budget Preparation and Millage Calendar, setting Workshop(s) to be held August 21, 2018 at 5:00 P.M., and if needed on August 28, 2018 at 5:00 P.M., First Public Hearing to be held on September 4, 2018, and Final Public Hearing to be held on September 18, 2018, both at 6:00 P.M., all to be held in the City Council Chambers at 55 Southeast 3b Avenue, Room 200, Okeechobee, Florida; seconded by Council Member Clark. There was a brief discussion on this item. , City 06 FLORIDA • Founded 1915 CITY OF OKEECHOBEE, PUBLIC WORKS Exhibit 3 Memo Aug 7, 2018 To: Marcos Montes De Oca, City Administrator From: David Allen, Public Works Director Date: 7/26/2018 Re: City Hall, Fire Department, and Records Retention Painting Contract Award The Public Works Department recommends awarding the contract for City Hall door replacement project to Painting and Pressure Cleaning by Big Lake LLC in the amount of $19,580.00. This amount is $420.00 less than the amount that was budgeted for the project. As our recent experience with other projects recentlybid, the city received only one bid for the project. The bidder is a local company with an established reputation. Approving this contract will require approval by the City Council for two exceptions from normal contract award requirements: • Performance bond requirement. Painting a.nd. Pressure Cleaning. by Big Lake LLC is a small local company and lacks some of the resources such as a CPA that are required by bonding .companies. Due to.the increased overhead needed for Painting and Pressure Cleaning by Big Lake LLC to obtain a performance bond for the project, we are requesting that this requirement be aved. + Workers Compensation and'liability insurance.Painting and Pressure Cleaning by Big Lake LLC is currently a -one-man operation and does •not carry Workers Compensation insurance. Again due to increased overhead costs for Painting and Pressure Cleaning by Big Lake LLC, we are requesting kier for this requirement. BID TABULATION OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT PW 03-00-06-18 Posted: June 20, 2018 @ 4:30 PM To be removed: June 29, 2018 @ 4:30 PM Painting & Pressure Cleaning by Big Lake LLC ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT 1 Pressure wash and spray 50/50 solution for algae. Repair stucco and seal all wall cracks and make all necessary painting preparations for the City of Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee, FL 34974. LS 1 $5,560.00 2 Seal coat and mask City of Okeechobee City Seal on the North wall of City Hall and take necessary measures needed to protect the seal from damage during painting. LS 1 $950.00all 3 Paint the City of Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee, FL 34974. Paint shall be elastomeric masonry brick and stucco paint, trim and wall colors (2 colors) to be chose by City. LS 1 $13,070.00 TOTAL BID (Based on Bid Unit Prices & Estimated AMOUNT Quantities) $19,580.00 Posted: June 20, 2018 @ 4:30 PM To be removed: June 29, 2018 @ 4:30 PM un an WO tilt 64/yefii- 6GL Luis v -a. tvc Lr_ work--rs eca p WF Pf. if .11-S l it y Cu'vl ° U-l-Qx eM-t9 10 y Jt ode. AUGUST 7, 2018 - REGULAR MEETING - PAGE 6 OF 11 AGENDA COUNCIL ACTION - DISCUSSION - VOTE VII. NEW BUSINESS CONTINUED D. Motion to amend a Bid award in the amount of $19,580.00 for Project No. PW 03-00-06-18 for pressure washing and painting City Hall, Fire Department, and Records Retention Building - Public Works Director (Exhibit 3). E. Motion to grant a request for a 21 -day extension for Project No. PW 01-00-04-18, Police Department Roof Replacement - City Administrator and Public Works Director (Exhibit 4). F. Motion to award a Bid in the amount of $35,865.00 to Boromei Construction for Project No. PW 02 -00 -05 -18 -RB, City Hall Door Replacement - Public Works Director (Exhibit 5). Motion and second by Council Members Ritter and Clark to amend the Contract awarded to Painting and Pressure Cleaning by Big Lake, LLC, for Bid No. PW 03-00-06-18 Pressure Washing and Painting City Hall, Fire Department, and Records Retention Building as follows: waive the performance bond requirement; amend and clarify the workers compensation requirement to read that Big Lake Painting and Pressure Cleaning, LLC may operate under the Florida workers compensation exemption law, or outside workers must be hired through an agency with workers compensation insurance. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA RITTER — YEA MOTION CARRIED. Motion and second by Council Members Chandler and Clark to grant an extension of the Police Department Roof Replacement Contract for Bid No. PW 01-00-04-18. The Contract began June 28, 2018, with a completion date of August 27, 2018. However, after the forensic investigation of the roof was concluded, it was discovered that the underlying roofing material is metal as opposed to the assumed plywood. The specifications have to be modified; the price remains the same. The Contractor requested extending the Contract completion by 21 -days in order to obtain approval by the manufacturer to assure the 15 year warranty would be valid with the minor specification change. Additionally, there could be weather delays and staff requested authorization to extend the project 60 -days if needed. Mayor Watford asked if there was any additional discussion on the request for a 60 -day extension; there was none. VOTE: WATFORD — YEA CHANDLER — YEA CLARK — YEA RITTER — YEA MOTION CARRIED. Council Member Chandler moved to award Bid No. PW 02 -00 -05 -18 -RB City Hall Door Replacement, in the amount of $35,865.00 to Boromei Construction of Okeechobee; seconded by Council Member Clark. The Re -Bid was let on June 29, 2018, with a mandatory Pre -Bid meeting held on July 10, 2018. The opening was July 18, 2018.1n addition to Boromei Construction, Meticulous Construction of West Palm Beach submitted a bid for $79,000.00. Council Member Ritter expressed concem with the almost 50 percent price difference from the opposing Bidder. Administrator MontesDeOca assured him research has been done on the discrepancies of prices. VOTE: WATFORD — YEA CHANDLER —YEA CLARK — YEA RITTER — YEA MOTION CARRIED. Okeechobee City Hall, Fire Department and Records Retention Building Paint Project Bid PW 03.00-06.18 Bid Opening June 20, 2018 Sign -In Sheet to purchase $25.00 Company Name: 00x1 s --rue+ CO� r e c -f Contact Person: &r1 i D I ►z1�n Phone Number: BD() 30-1- a059 Fax Number: P, l40-510- 8101 Email Address: 3-e r io• dizon e. C onsftiuc-fcorinee-f coon Mailing Address: 5o"T-ech no looly Par a y Sou4-ti` S-1 e /00 Norerpss, GlY 3ooqv,.. fct r l ► ,tg t; ess�.,'e C/eRri inc9 8y 35 La R' 1,a ade von n 4 A/W -le $1 3- 3S7 -x773 or 863 - 63Y- 880e) 2. Company Name: Contact Person: Phone Number: Fax Number Email Address: g i Mire P hp pe `ktmnir kitance G rAnti%Corv) Mailing Address: 1/1 4'»" 3 d 3 - o/(ee, /t-- 3'/?la 3. Company Name: Contact Person: Phone Number: Fax Number: Email Address: Mailing Address: 4. Company Name: Contact Person: Phone Number: Fax Number: Email Address: Mailing Address: 5. Company Name: Contact Person: Phone Number: Fax Number: Email Address: Mailing Address: 6. Company Name: Contact Person: Phone Number: Fax Number: Email Address: Mailing Address: 1 Bid Opening Sign In Sheet Okeechobee City Hall, Fire Department and Records Retention Building Paint Project, PW 03-00-06-18, June 20, 2018, 3:00 P.M. Company Contact Person Phone Number Fax Number E-mail k:511/M. L PIOK/V/0-idem otgal 4,14 eam 2 X 63-3�7-m3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 BID TABULATION OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT PW 03-00-06-18 Posted: June 20, 2018 @ 4:30 PM To be removed: June 29, 2018 @ 4:30 PM Painting & Pressure Cleaning by Big Lake LLC ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT 1 Pressure wash and spray 50/50 solution for algae. Repair stucco and seal all wall cracks and make all necessary painting preparations for the City of Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee, FL 34974. LS 1 $5,560.00 2 Seal coat and mask City of Okeechobee City Seal on the North wall of City Hall and take all necessary measures needed to protect the seal from damage during painting. LS 1 $950.00 3 Paint the City of Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee, FL 34974. Paint shall be elastomeric masonry brick and stucco paint, trim and wall colors (2 colors) to be chose by City. LS 1 $13,070.00 TOTAL BID AMOUNT (Based on Bid Unit Prices & Estimated Quantities) $19,580.00 Posted: June 20, 2018 @ 4:30 PM To be removed: June 29, 2018 @ 4:30 PM BIDDER NOTIFICATION FOR OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT PW 03-00-06-18 Com an Name E -Mail Address .Ni Date Sent Vic's Painting & Reconstruction lori@,vicspainting.com E .Ni 6/8/18 Alejandro Nunez passionpaintslle@gmail.com E .Ni 6/8/18 Shelco Painting Tslamar22@yahoo.com E .Ni 6/8/18 Big Lake Painting&Pressure Clean huntokee@ymail.com E AI 6/8/18 E E E E E E E E E E E E E E E = Emailed Company Name Vic's Painting & Reconstruction Tori@vicspainting.com Okeechobee Paint Supply Inc dba The Paint Bucket (Supplies only) One Call Property Services Inc. brent@onecallprop.com Alejandro Nunez passionpaintsllc@gmail.com Shelco Painting tslamar22@yahoo.com Big Lake Painting & Pressure Cleaning huntokee@vmail.com Bidder's List Painting Reconstruction Address 5420 Division Drive Fort Myers, FL 33905 P.O. Box 1565 Okeechobee, FL 34972 7804 SW Ellipse Way Stuart, FL 34997 1976 NW 36th Terrace Okeechobee, FL 34972 205 Zenith Rd. Suite 6 Dothan, AL 36303 1111 NW 3rd St. Okeechobee, FL 34972 Phone Number (239)694-3131 (239)694-4850 Fax 863-357-4100 863-357-4101 Fax 772-324-1146 772-409-8620 Fax 407-952-3123 334-677-3920 334-678-9638 Fax 863-357-2773 Jackie Dunham From: Jackie Dunham Sent: Friday, June 08, 2018 10:39 AM To: 'Iori@vicspainting.com' Cc: Patty Burnette Subject: FW: Bidder Notification PW 03-00-06-18 Attachments: Invitation to Bid PW 03-00-06-18.pdf Please see the attached Invitation to Bid for your consideration. This notice is being sent to you because you have requested to be on our Vendor List. We appreciate your interest in the City of Okeechobee. Jackie,' u.41.hwm' A cimaznifstrarove,Secretary City of Okeechobee/ 55 SE Third,Avevuce- Okeechoree, FL 34974 863-763-3372 (Maivv) 863-763 -9821 (VLrect) 863 -763 -1686 (lax) jdunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. 1 Jackie Dunham From: Jackie Dunham Sent: Friday, June 08, 2018 10:36 AM To: 'jay@vicspainting.com'; 'passionpaintsllc@gmail.com'; 'tslamar22@yahoo.com'; 'huntokee@ymail.com' Cc: Patty Burnette Subject: Bidder Notification PW 03-00-06-18 Attachments: Invitation to Bid PW 03-00-06-18.pdf Please see the attached Invitation to Bid for your consideration. This notice is being sent to you because you have requested to be on our Vendor List. We appreciate your interest in the City of Okeechobee. Jacia&Dikrthamv AciAtt t4trc tweSecreta-vy Cay of Okeechobee 55 SE T1 ix&Avevuce Okeechobee, FL 34974 863 -763 -3372 (Main) 863 -763 -9821 (lXvect) 863 -763 -1686 (Fcv ) jdunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. 1 +: i Patty Burnette From: Patty Burnette Sent: Thursday, June 14, 2018 11:12 AM To: Sergio Dizon (Sergio.Dizon@ConstructConnect.com) Subject: Bid Documents Attachments: Receipt.pdf; 03-00-06-18 City Hall Paint Project.pdf Importance: High Good Morning Sergio. Attached is the Bid Documents you requested. Have a great day. Thank you, Patty Pa-fy M. 6wry e. generalServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, PL 34974 'fel: 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail y6urnette@cityofokeecho6ee.com website: www.citjofokeechobee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 CITY OF OKEECHOBEE, FLORIDA 0 48934 55 S.E. 3rd Avenue, Okeechobee, FL 34974 (�_ (863) 763.3372 /0-4 20 18 RECEIVED from l SCS F f- , I rte. Twen vR, thottars Gild -6660o Dollars 100 -b ► d Tocarne 1-s 't w 03-- 0 D- b b -I 8 $ A5.00 e Kt i a335r P -8 CLERK 6/12/2018 FedEx Ship Manager - Print Your Label(s) -i 0 stl o '0 .." -- > m -1 73 m E o 0 • CO < m a m M 73 0 Z 2 M 0 -I 03 -I mm m 552J2193DF/DCA5 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of Toss, damage, delay, non-delivery,misdeiivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual Toss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shi pmentConfirmationAction.handle?method=doContinue I Document Purchase/Deposit Request Form v 3.0 -** REQUEST INFORMATION ** Request Date: 6/12/2018 5:30:17 AM Project ID: 4285580 Project Name: Okeechobee City Hall, Fire Department and Records Retention Building Paint Project Requestor Name: Dizon, Sergio Phone: Email: sergio.dizon@cmdgroup.com Property/Region: Southeast Comments: Patty Burnette 863-763-3372 CMD TAX ID# 58-2263922 -**-SHIPPER INSTRUCTIONS-** Report ID: 4285580 Report Title: Okeechobee City Hall, Fire Department and Records Retention Building Paint Project Bid Date: 6/20/2018 IFB Number: 03-00-06-18 -** SHIP DOCUMENTS TO ** ConstructConnect 30 Technology Parkway South, Ste 100 Norcross, GA 30092 Attn: DOCUMENT PROCESSING Phone# 800-364-2059 Addenda Fax# 866-570-8187 Ship Via: FedEx Standard Overnight Ship Account#: 303142916 Please add the following number in the Reference Field within the Air Bill when Shipping: 56-X5202-5217-0000-00000 ******************************** -** RETURN DEPOSIT TO ** iSqFt 3825 Edwards Rd, Suite 800 Cincinnati, OH 45209 Attn To: Accounts Payable -Finance Department Internal Use Only!!! —** PAYEE INFORMATION (Document Fee) ** Payee Name: City of Okeechobee Document Fee: $25.00 Is Refundable: NO $ Refundable: Payment Method: Corporate Check Remit Method: Overnight Address Line 1: 55 SE 3rd Ave Address Line 2: City: Okeechobee State: FL Zip: 34974 --** PAYEE INFORMATION (Mail Fee) ** Payee Name: Mail Fee: Separate Check Requested: Address Line 1: Address Line 2: City: State: Zip: addieOL +b V.eu0o v"5 Ui 40042 - Patty Burnette From: sales@sunstatecontractors.com Sent: Wednesday, June 20, 2018 10:18 AM To: Patty Burnette Subject: Okeechobee City Hall, Fire Department and Records Retention Building Paint Project Hello Patty my name is Gordiny and I work for Sunstate Contractors and for the bid that is due today at 3 I was informed of it yesterday and there's no way we would be able to get a bid submitted in time But if this project goes out for re -bid or has we will jump on it Also if any other project come up don't hesitate to let us know about it Best Regards, Sales Manager Gordiny Pluviose SUNSTATE CONTRACTORS LLC CBC 1261719 2697 S.W. Domina Rd. Port St. Lucie, FL 34953 Tel: 772.224.2793 1 101 krinsfru.thans reed__ -Frprn John 000K• Patty Burnette From: Patty Burnette ,o/d' opog , w''`to2th.6J2012-1 JJ Sent: Thursday, June 21, 2018 11:08 AM-Qi"1C)l1 42-1t l To: 'biglakepropertymaintenance@gmail.com' Subject: Painting &pressure washing Bid @ City Hall Importance: High Good Morning Wade. In regards to the Bid you submitted yesterday afternoon for the pressure washing and painting of City Hall, the Fire Department and Records Retention Building, (PW 03-00-06-18), the following documents MUST be received by June 29, 2018, otherwise the bid will be rejected: Attachment B — Anti Collusion Statement and No Gifts Statement Attachment C — Proposer's Certification Attachment D — Sworn Statement Pursuant to Section 287.133(2)(a), Florida Statutes on Public Entity Crimes Attachment E — Conflict of Interest Disclosure Attachment F — Immigration Law Certification Attachment G — Drug Free Workplace Certification All of these attachments were included in your Bid packet. I will need two (2) ORIGINAL copies and one (1) copy of all forms mentioned. In addition a copy of your County specialty license. (Question No. 11 on the Bidder's Qualification Questionnaire) Should you have any questions, please let me know. Thank you, Patty Pe fy M. 6u-riAe Pte, general -Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue 1 Okeechobee, EL 34974 Tei 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-malt.p6urnette@cityofoI eec(io6ee.com website: www.cityofoIeecfio6ee.com NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 SECTION III PW 03-00-06-18 SUBMISSION REQUIREMENTS A. The proposer shall submit: 1. /Proposal on your Company's letterhead including two (2) clearly identified originals and one copy of your proposal. 2. Bid Form including qualifications in detail, which shall include information regarding licensing, experience, special qualifications, etc. None included, 3. In addition to the Bid Form listed in Section IV, please complete the following forms that must be returned with your proposal: 'Attachment A — No Lobbying Affidavit 'Attachment B — Anti Collusion Statement and No Gifts Statement Attachment C — Proposer's Certification Attachment D — Sworn Statement Pursuant to Section 287.133(2)(a), Florida Statutes on Public Entity Crimes Attachment E — Conflict of Interest Disclosure Attachment F — Immigration Law Certification Attachment G — Drug Free Workplace Certification City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 4 Patty Burnette From: Jackie Dunham Sent: Friday, June 01, 2018 10:44 AM To: Patty Burnette Subject: FW: License for Painters FYI... see below Jackie Du vtha4'n' Ad n ttveiSecreta.ry City of Okeeclictlye& 55 SE ThLrd'Avevucei Okeechobee, FL 34974 863-763 -3372 (Mcciw) 863-763-9821 (D(,rect) 863-763 -1686 (Fax) jdunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. From: Tammy Beard [mailto:tbeard@ safebuilt.com] Sent: Friday, June 01, 2018 10:43 AM To: Jackie Dunham Subject: RE: License for Painters A Painters license is a county specialty license. See below. Hope this is helpful. Painting: Those who are qualified to use spraying equipment as well as and/or brush and roller hand tools to perform both exterior and interior painting work. A painting contractor may do paperhanging and sandblasting. Where waterproofing materials are employed, a painting contractor may not apply such waterproofing or protective coatings to roofs except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. Minimum • trade necessary to apply for Certificate of Competency. (Amended, See Resolution 2014-50, January 22, 2015) Regards, Tammy Beard Okeechobee County Building Department Permit & Licensing Board Coordinator Office 863-763-5548 Cell 407-618-3805 Fax 863-763-5276 1700 NW 9th Avenue, Suite A 1 _ 4 •• • • . •- 1 - 1 • - Okeechobee, FL 34972 From: Jackie Dunham[mailto:idunham@cityofokeechobee.com] Sent: Friday, June 01, 2018 10:15 AM To: Tammy Beard <tbeard@safebuilt.com> Subject: License for Painters Can you tell me what type of license a Painting Contractor carries?? a• Ja clu e/ Du-nha4w AddnLviiztra 'we,Seareta vy City of okeecho-be& 55 SE Third'Avevtuei OlceecholYee,, FL 34974 863-763 -3372 (MadNv) 863 -763-9821 ()react) 863-763-1686 (Fax) jdunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. 2 Patt Burnette diu.kcL Anna_ 8-15-I8 : 'gpri 6/A q SpoKt.ww, mareor re ardin LicuAse -Frump-Iu - Coluth ' IS ttmvt 6.114-k fro( hs 4Y&Jl a From: Sent: To: Cc: Subject: Tracking: Patty Burnette Wednesday, August 15, 2018 3:04 PM Marcos Montes De Oca; David Allen Robin Brock Painting & Pressure Washing Bid Recipient Marcos Montes De Oca David Allen Robin Brock ht. 4-C tt Wath 4-t' i 1Lt. knvuJ talo+ inX s.h'l I Wim' Read Read: 8/15/2018 6:55 PM Read: 8/15/2018 4:07 PM Read: 8/15/2018 3:08 PM Marcos and David, spoke with Donna Hunt today to update her on the Council's decision from last Tuesday's meeting regarding the Performance Bond and the Workers Compensation Insurance. In addition, I also inquired about the status of the other items still needed that were listed in the Notice of Award letter. I had gone over these in detail with her before I left for vacation. She said she was waiting to find out about the Performance Bond so she will get working on these items now. The items missing have to do with the General Liability and Commercial Auto insurance certificates. The certificate she had previously provided did not have the correct limits and the City was not listed as Additional Insured and no declaration pages were attached. Also no financial statements were included. The contract has not been signed by the Mayor yet because I do not have all of their information that is required. Just wanting to update you. Pcutty M. 13wtrc—ems genera/Services Coordinator City of Okeechobee ss Southeast 3rd Avenue Okeechobee, AFL 34974 Tei 863-763-3372 Direct: 863-763-982o Tax: 863-763-1686 e-mail yburnette@cityofokeechobee.com -website: www.cityofo&echgee.com 1 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 2 Patty Burnette From: Sent: To: Subject: Jackie Dunham Tuesday, August 28, 2018 8:02 AM Patty Burnette FW: Question regarding licenses Ja cki.e. Du�nhc ni AdArtZ ifstrocrovezSecveta.vy City of Okeechobee. 55 SE T'hi,rd Avevucei Okeechobee',, FL 34974 863 -763 -3372 (Malty) 863 -763 -9821 (D(.Yect) 863 -763 -1686 (Page) jdunham n,cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. From: Tammy Beard [mailto:tbeard@safebuilt.com] Sent: Monday, August 27, 2018 4:27 PM To: Jackie Dunham Subject: RE: Question regarding licenses I have a Big Lake Pressure Cleaning business that has a revoked county license from 2000. Not sure if it is the same. Regards, Tammy Beard Okeechobee County Building Department Permit & Licensing Board Coordinator Office 863-763-5548 Cell 407-618-3805 Fax 863-763-5276 1700 NW 9th Avenue, Suite A Okeechobee, FL 34972 From: Jackie Dunham[mailto:idunham@citvofokeechobee.com] Sent: Monday, August 27, 2018 3:55 PM To: Tammy Beard <tbeard@safebuilt.com> Subject: RE: Question regarding licenses 1 So, can you tell me if Painting and Pressure Cleaning by Big Lake LLC. Has a certificate of competency with you? He is doing a commercial job for us at the City of Okeechobee. Jcw)c e Du.r haw city of'9keechobee. 55 SE Third/Avenue. Okeech.QUeei, FL 34974 863-763-3372 (MaZvv) 863 -763 -9821 (Direct) 863-763-1686 (Fcvo) jdunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. From: Tammy Beard [mailto:tbeard@safebuilt.com] Sent: Monday, August 27, 2018 1:03 PM To: Jackie Dunham Subject: RE: Question regarding licenses Interior painting does not require a license but exterior painting does. See scope below. The county no longer has a handyman license. Hope this is helpful. Painting: Those who are qualified to use spraying equipment as well as and/or brush and roller hand tools to perform both exterior and interior painting work. A painting contractor may do paperhanging and sandblasting. Where waterproofing materials are employed, a painting contractor may not apply such waterproofing or protective coatings to roofs except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. Minimum of 24 months experience in the trade necessary to apply for Certificate of Competency. (Amended, See Resolution 2014-50, January 22, 2015) Regards, Tammy Beard Okeechobee County Building Department Permit & Licensing Board Coordinator Office 863-763-5548 Cell 407-618-3805 Fax 863-763-5276 1700 NW 9th Avenue, Suite A Okeechobee, FL 34972 From: Jackie Dunham[mailto:idunham@cityofokeechobee.com] Sent: Monday, August 27, 2018 12:59 PM To: Tammy Beard <tbeard@safebuilt.com> Subject: Question regarding licenses 2 Do individuals who do painting and pressure washing have to have any type of license in the County ie. handyman etc?? Jack%e'Duw A cLmi vi.%4ira,we- Secretary Cray of Okeechot>ee, 55 SE Th.ird/AverLue/ Okeecholsee', FL 34974 863 -763 -3372 (Madfv) 863 -763 -9821 (Direct) 863 -763 -1686 (Fow0 jdunham cr cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. 3 Patty Burnette From: Sent: To: Subject: Jackie Dunham Tuesday, August 28, 2018 8:05 AM Patty Burnette FW: Question regarding licenses See updated info from Tammy at the County regarding a license for painting. Jackie-Dw'tha v Awa ove'Secretc ry City of Okeechobee. 55 SE 7 t .r L,Avevuce, Okeechai>ee, FL 34974 863-763-3372 (Mc vv) 863 -763-9821 (Mr -ea) 863-763-1686 (Fa40 jdunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. From: Tammy Beard [mailto:tbearcMsafebuilt.com] Sent: Monday, August 27, 2018 4:31 PM To: Jackie Dunham Subject: RE: Question regarding licenses ALSO, I did a bit more research on the painting license since I wasn't positive before.... A painting license is required whether it is interior painting or exterior painting. Regards, Tammy Beard Okeechobee County Building Department Permit & Licensing Board Coordinator Office 863-763-5548 Cell 407-618-3805 Fax 863-763-5276 1700 NW 9th Avenue, Suite A Okeechobee, FL 34972 QdSo very fled Lte.trtise�wvu..tcc l�.e� From: Jackie Dunham[mailto:idunham@citvofokeechobee.com] Sent: Monday, August 27, 2018 3:55 PM To: Tammy Beard <tbeard@safebuilt.com> Subject: RE: Question regarding licenses 1 I So, can you tell me if Painting and Pressure Cleaning by Big Lake LLC. Has a certificate of competency with you? He is doing a commercial job for us at the City of Okeechobee. Jackie-Dw' ha vw Awa 'weiSecretc1 y CU)/ of okeechailee- 55 SE 7 — 'd/Avevu ce' Okeechabe&, FL 34974 863-763 -3372 (Maivv) 863-763-9821 (Direct) 863-763-1686 (Fat) jdunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. From: Tammy Beard [mailto:tbeard©safebuilt.com] Sent: Monday, August 27, 2018 1:03 PM To: Jackie Dunham Subject: RE: Question regarding licenses Interior painting does not require a license but exterior painting does. See scope below. The county no longer has a handyman license. Hope this is helpful. Painting: Those who are qualified to use spraying equipment as well as and/or brush and roller hand tools to perform both exterior and interior painting work. A painting contractor may do paperhanging and sandblasting. Where waterproofing materials are employed, a painting contractor may not apply such waterproofing or protective coatings to roofs except when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the roof. Minimum of 24 months experience in the trade necessary to apply for Certificate of Competency. (Amended, See Resolution 2014-50, January 22, 2015) Regards, Tammy Beard Okeechobee County Building Department Permit & Licensing Board Coordinator Office 863-763-5548 Cell 407-618-3805 Fax 863-763-5276 1700 NW 9th Avenue, Suite A Okeechobee, FL 34972 From: Jackie Dunham[mailto:idunham@citvofokeechobee.com] Sent: Monday, August 27, 2018 12:59 PM To: Tammy Beard <tbeard@safebuilt.com> Subject: Question regarding licenses 2 A Do individuals who do painting and pressure washing have to have any type of license in the County ie. handyman etc?? Jackie-' u.vthavvv AdliNutya-'wee Secretary City of Okeechobee. 55 SE Third/Avenue/ Olceecholre&, FL 34974 863-763-3372 (Ma14vv) 863 -763 -9821 (DLYect) 863-763 -1686 (7 ct ) idunham@cityofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. 3 Jun 1918, 04:31p By Big Lake GIC UNDERWRITERS vwvw.gicunderwriter.com lel -Tr? 8639048800 Insurance Carrier: Granada Insurance Company -A orid Admitted Company �, 4::DI25F co)031I1 . Quote Summary as of 11191201712:31:33 PM Quote Number: Quoted Online Date Quoted: 11192017 Named Insured And Address ____________ Painting and Pressure Cleaning By Big Lake 1111 NW 3rd St Okeechobee, FL 34972 p.2 • GIC Underwriters. P.O. Box 558810 Miami, FL 33255-8810 www.gicunderwriters.com Tel: (305) 554-0353 (800) 392-9966 Fax: (305) 662-3914 Status: Active Expires On: 12/92017 Agent Name And Address _--- Accurate Insurance Services Inc. (5063) .-.__.__._....-_.._. 101 S W Park Street Okeechobee, FL 34972 Phone: (863) 357-1707 Request To Bind The agent has no authority to bind coverage . The Agent has no right to make, alter, modify or discharge any contract or policy issued on the basis ofthis application. Any person who knowlingiy end with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading Information is guilty of a felony of the third degree. To RequestTo Bind: Check the box, place an effective date, sign and fax this form to (305) 652-3914 or email it to bind@granadainsutance.com Please Bind EFFECTIVE DATE OF BIND: i ,a/Let;)l-b f( 1-putuitp (ERecive Date can not be priort. date •ubmttted) Agents Signature 8=fe Note: All requests to bind are subject to final approval by the Underwriting Department of GIC Underwriters. Coverage Is not effective until bound. Payment information - In order to bind coverage the Down Payment or Full Payment must be submitted with binder request HOW WOULD YOU LIKE TO PAY? This is a Direct Bill payment plan policy. No other form of Financing acceptable. BANK DEBiT (AGENCY'S OR INSURED'S ACCOUNT) 0 Personal Checking Account (] Savings Account 0 Business Account NAUIE OF BANKICREDIT UM9N_ ABA ROUTING NUMBER : BANKACCO_UNT NUMBER {... `._..i .. i.....__. i CREDIT CARD (AGENCY'S OR INSURED'S CREDIT CARD) 0 Visa 0 Mastercard CREDIT CARD NUMBER —i 0 American Express WHAT AMOUNT WOULD YOU LIKE TO PAY? ❑ Minimum Down Payment $221.65 (Balance in 9 Monthly Installment) 7f3ay in Full $1,411.00 ❑ Other Amount greater than Down payment $ '�....�. J.: . By providing the bank account or credit card irformation above, you authorize GIC Underwriters inc to process a one time payment as soon as the same day. If the Initial payment by check or credit card is returned by the bank because of "PAYMENT DISHONORED BY BANK", coverage will be null and void from inception. Dano 1 of Jun 191 1 `3/1/p F UNDEI-MRtTERs By Big Lake 8639048800 vuuie. - ranting and l-'ressure Cleaning - Quoted On: 1102017 PM p.3 Form of Business: CORPORATION Business Description: See Cass Description Coverage Summary Commercial General Liability Coverages: Policy Fee Total Premium: $1,386.00 $25.00 $1,411.00 PLEASE REVIEW THIS QUOTE CAREFULLY AS COVERAGES, LIMITS, ENDORSEMENTS AND DEDUCTIBLES MAY DIFFER FROM THOSE REQUESTED ON ANY SUBMITTED APPLICATION OR OTHERWISE. Individual Coverages General Liability Limits for General Liability General Aggregate Limit (Other than Products/Completed Operations): Products/Completed Operations Aggregate Limit: Personal and Advertising injury Limit: Each Occurrence Limit: Fire Damage Limit (Any One Fire): Medical Expense Umit (Any One Person): Location Address Location: 1 1111 NW3rdSt Okeechobee, FL Classification Schedule 5500,000 $500,000 $500,000 $500,000 $100,000 $5,000 1 1 Painting — interior or Painting - exterior buildings or structures three stories or Tess in height Pressure Cleaning 98304 99952 Basic Coverage Premium: $1,386.00 Attached Endorsements Premium: $0.00 Total General Liability Premium: $1,386.00 Summary of User's Qualifying Responses :Questions.•:-: f• "" Premises and Products Premises and Products 16,700 Payroll $50 16,700 Payroll 5500 Qi�ducf'i6'1 " y ..law.iiSi,�• .. Property Damage Deductible Per Claim Property Damage Deductible Per Claim k Does applicant perform or engage in any work or operation other than those listed in the dassifcation schedule of this appl?cation? NO Any new building construction operations performed on single-family units including residential condominiums, multi -unit homes, tract housing, subdlvtsions,townhouses, or apartment buildings within subdivisions or projects where there are five (5) or more total units? tJ0 Forms and Endorsements Forms and Endorsements Applicable To This Coverage Part Where '0" appears for Location and Building, the described endorsements apply to all Buildings and all locations. D,na ' of zr 0: O O 0 0 0 4�13,'� `Burldirig Form Number: Daie'A z .' Descnptian � x, r.,:r.fx.,1 0.,.1+.2.-- >. ` cs �,... r 'v 0 CG 00 01 12-07 Commercial General Liability Coverage INCL 0 CG 00 68 05-09 Recording & Distribution of Material or Infor INCL 0 CG 02 20 03-12 Fla Chgs-Cancellation & Nonrenewal INCL 0 CG 03 00 01-96 Deductible Liability Insurance INCL 0 CG 21 01 11-85 Exclusion - Athletic or Sports Participants INCL I D,na ' of Jun 1918, 04:31P By Big Laky pIw rr=sure uearung - Quoted Un: 11/9201712:31:01 6M8639048800 UNDRANA11:14s p.4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CG 21 07 CG 2132 CG 21 36 CG 2139 CG 2143 CG 2146 CG2147 CG 2150 CG 21 67 CG 2186 CG 2196 CG 22 33 CG 2279 CG 2294 GICGL832 GICGL841 GIC GL3003 GIC GL 3004 GIC GL 3005 GiC GL3007 GIC GL 3008 GIC GL 3011 GIC GL 3018 GIC GLAB 278 GIC GLAP7851 IIP -NOTICE IL0003 IL0017 IL 00 21 JCPP 601 REV GIC RMP -102 05-14 05-09 03-05 10-03 12-04 07-98 12-07 09-89 12-04 ' 12-04 03-05 07-98 07-98 10-01 04-14 12-16 01-97 04-95 07-95 06-96 09-96 01-97 03-97 03-97 06-98 04-01 04-08 11-98 09-08 02-09 03-98 Exclusion -Access or Disclosure of Confidential or Personal Information Data -Related Liability - Limited Bodily Injury Exception Not Included Communicable Disease Exclusion Exclusion - New Entities Contractual Liability Umitation Exclusion Explosion, Collapse, Underground Abuse or Molestation Exclusion Employment -Related Practices Exclusion Amendment of Liquor Liability Fungi or Bacteria Exclusion Exclusion -Exterior insulation & Finish System Sicca or Silica -Related Dusl Exdusion Exd Testing or Consulting Errors & ©missions Exclusion -Contractors-Professional Liability Ezo-Damage to Work by Subcontractors your beh Amendment Of Employee Definition Contractor Limitation Endorsement Punitive Damages Exclusion Professional Services Exclusion Exclusion - Lead Exclusion -- Roofing Operations Classification Limitation Endorsement "insured" - Family Member Exclusion Two or More Coverage Forms or PoGcles Issued Exclusion - Asbestos Exclusion Pollution Important Information About Your Privacy Calculation of Premium Common Policy Conditions Nuclear Energy Liability Exclusion End. JACKET Risk Management Program INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL INCL Dann R of ACO f vrrex,- CERTIFICATE OF LIABILITY INSURANCE [ DATE (MM/DDIYYYY) If 07/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Accurate Insurance Services, Inc. 101 S.W. Park St. Okeechobee, FL 34972 Phone (863) 357-1707 INSURED Painting & Pressure Cleaning By Big Lake, LLC 1111 NW 3rd St Okeechobee Fax (863) 357-0317 FL 34972 PHONE _ 863 357 0317 AIC,No.Ext):_ (863)357-1707 (A/c.Nol:--� -0 A -MAIL ADDRESS unistar32@earthlink.net INSURER(S) AFFORDING COVERAGE I NAIC # INSURER A: Granada Insurance Company INSURER B INSURER C INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SR LTR A• TYPE OF INSURANCE ADDLSUBR NSR_WVD POLICY NUMBER POLICY EFF M/ (MDD/YYYY) POLICY EXP (MWDDJYYYY) LIMITS ►M COMMERCIAL GENERAL LIABILITY ❑ CLAIMS -MADE 51 OCCUR • EACH OCCURRENCE s 500,000 $ AMAGE ED PR1=MISEA(EaEocc rrrenceL MED EXP (Any one person) $ 5,000 PERSONAL d ADV INJURY $ 500,000 1 GEM. AGGREGATE LIMIT APPLIES PER: • POLICY • PROJECT • LOC GENERAL AGGREGATE S 500,000 • PRODUCTS - COMP/OP AGG E 500,000 I♦ OTHER Fire Damage Limit $ 100,000 AUTOMOBILE LIABILITY 1g ANY AUTO SCHEDULED • AUTOS CEa ecciOMBINdentl ED SINGLE LIMIT $ 1r °' DCO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S AUTO ONLY HIRED ❑ NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE per eccidenjj $ Q . $ • UMBRELLA LIAR • OCCUR • EXCESS LIAB • CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S ❑ DEO . RETENTIONS S ; WORKERS COMPENSATION❑_STA AND EMPLOYERS' LIABILITY Y1 N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? 1-1 (Mandatory In NH) If .es, describe under DESCRIPTION OF OPERATIONS below N 1 A PERTUTE■ OTH- S $ __.___ ._ER_ EACH ACCIDENT E.L. DISEASE • EA EMPLOYE E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Pressure Cleaning Painting - interior or Painting - exterior building or structures three stories or less In height. CERTIFICATE HOLDER If more space Is required) CANCELLATION CITY OF OKEECHOBEE 55 SE 3RD AVE OKEECHOBEE, FL 34974 [FAX 863.763.1686 ACORD 25 (2016/03) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI ED REPRESENTATIVE A .1a ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD procures as required herein shall be considered, as primary insurance over and above any other insurance, or self-insurance, available to the City of Okeechobee, and that any other insurance, or self-insurance available to the City of Okeechobee shall be considered secondary to, or in excess of, the insurance coverage(s) procured by [CONTRACTOR] as required herein. Worker's' Compensation - Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease. Commercial General Liability (Occurrence Form Required) - (ContractorNendor) shall maintain commercial general liability (CGL) insurance with a limit of not Tess than $500,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000.00. Products and completed operations aggregate shall be $1,000,000.00. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent Contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury. Damage to rented premises shall be included at $100,000.00. Commercial Automobile Liability Insurance - (ContractorNendor) shall maintain automobile liability insurance with a • limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any. auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 13 Such bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to 25 percent (25%) of contract price, or an additional bond shall be conditioned that the Contractor will correct any defective or faulty work or material which appear within one (1) year after completion of the contract, upon notification by the City. INDEMNITY [CONTRACTOR] shall defend, indemnify and hold harmless the City of Okeechobee and all of the City of Okeechobee's officers, agents, and employees from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing), of [VENDOR], its officers, agents or employees in performance or non-performance of its obligations under the Agreement. [CONTRACTOR] recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City of Okeechobee when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the City of Okeechobee in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. This clause shall survive the termination of this Agreement. Compliance with any insurance requirements required elsewhere within this Agreement shall not relieve [CONTRACTOR] of its liability and obligation to defend, hold harmless and indemnify the City of Okeechobee as set forth in this article of the Agreement. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in section 768.28, Florida Statutes. INSURANCE [CONTRACTOR] shall, at its sole cost and expense, procure and maintain throughout the term of this contract, Comprehensive General Liability, Worker's Compensation, and Commercial Automobile Liability insurance, including mus -f- bc= Employer Liability insurance, with minimum policy limits specified below Combined fiin��I Single Limits, or to the extent and in such amounts as required and authorized by Met/Florida law, and will provide endorsed certificates of insurance generated and 1 tured_ executed by a licensed insurance broker, brokerage or similar licensed insurance Ails o professional evidencing such coverage, and taming the City of Okeechobee as a_ named additional insured/ as well as furnishing the City of Okeechobee with a aced— certified copy or copies, of said insurance policies. Certificates of insurance and (icew'och certified co ies of these insurance policies must ace= any this signed contract. P(19 al insurance coverages procured by RACTOR] as required -f eretrrschatt- e (517(' 1 im• be considered, and [CONTRACTOR] agrees that said insurance coverages it Llilnet-4-it es an40 City of Okeechobee Public Works Department 12 Project No. PW 03-00-06-18 BIDDER'S QUALIFICATION QUESTIONNAIRE (cont'd) 7. What equipment do you own that is available for the work? 8. What equipment will you purchase for the proposed work? 9. What equipment will you rent for the proposed work? 10. The following is given as a summary of the financial statement of the undersigned: (List assets and liabilities and insert sheets if necessary) 11. Please provide proof of State Certification and/or State Registration by attaching copies of State Certifications. State Registrations shall also be accompanied by proof of Okeechobee County Certificate(s) of Competency by attaching copies of County Certificate(s). Possession of either a State Certification or County Competency card must be attained prior to Bid submittal. 12. State the true, exact, correct, and complete name of the Partnership, Corporation, or trade name under which you do business. (If Corporation, state the name of the President and Secretary. If a Partnership, state the name of all Partners. If a trade name, state the name of the Individuals who do business under the trade name). (CORRECT NAME OF BIDDER) (a.) The business is a City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 9 SECTION VII PW 03-00-06-18 AGREEMENT This AGREEMENT is dated as of the 10th day of July in the year 2018, between the City of Okeechobee (CITY) and Painting & Pressure Cleaning by Big Lake LLC (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 The Work is described as follows: Provide construction services needed to pressure wash and paint the Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee FL 34974. ARTICLE 2. PUBLIC WORKS DIRECTOR 2.1. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall mean: City of Okeechobee Public Works Director 55 S.E. 3rd Avenue Okeechobee, FL 34974 ARTICLE 3. CONTRACT TIME 3.1 The Work shall be completed within the sixty (60) calendar days specified, on the Notice to Proceed for each project assigned. 3.2 CITY and CONTRACTOR recognize that Projects may have important environmental and economic significance and, as required for compliance with Federal and State Regulations, that time is of the essence of this Agreement, and that the CITY will suffer direct financial loss if Projects are not completed as described in paragraph 3.1 Accordingly, CONTRACTOR agrees to pay CITY as liquidated damages the amount established in the following schedule per day for each day that Projects are not completed in accordance with this Article 3, Paragraph 3.1. Original Contract Amount Daily Charge per Calendar Day $500,000.00 and under $ 500.00 Over $500,000.00 but less than $1,000,000.00 $ 750.00 Over $1,000,000.00 but less than $2,500,000.00 $ 1,000.00 Over $2,500,000.00 but less than $5,000,000.00 $ 1,250.00 3.3 In addition to the provision for payment to the CITY by CONTRACTOR of liquidated damages due to the failure of the CONTRACTOR to complete each project within the time stipulated in each project's notice to proceed, or City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 16 within such additional time as may have been granted by the Public Works Director, the CITY may also recover from CONTRACTOR amounts paid by the CITY for damages suffered by third parties as a result of CONTRACTOR'S failure to complete each project within the time stipulated, or within such additional time as may have been granted by the Public Works Director, unless the failure to timely complete the project was caused by the CITY's acts or omissions. 3.4 Liquidated damages are cumulative and additive and represent a reasonable estimate of CITY's expenses for extended delays and administrative costs associated with such delay. In addition to the liquidated damage amounts, there will be additional amounts charged to the CONTRACTOR for all delay damages incurred by the CITY as a result of unavoidable delays by the CONTRACTOR. These actual delay damages will include, but not be limited to, inspection, engineering services, delay damage settlements or awards, penalties, and professional fees incurred in connection with such settlements, awards or penalties and fines imposed by regulatory agencies, contract damages and loss of use. ARTICLE 4. CONTRACT PRICE 4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the unit prices listed in the contract documents CONTRACTOR'S Bid form on a project by project basis. 4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, on the basis of the unit prices indicated on the Bid form. ARTICLE 5. MEASUREMENT AND PAYMENT 5.1 Payment for the work, as further specified herein, shall include compensation to be received by the CONTRACTOR for furnishing tools, equipment, supplies, and manufactured articles, and for labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the work in accordance with the requirements of the contract documents, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. 5.2 The total Unit Bid Price for each project shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishings all materials, equipment, City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 17 supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 The CITY reserves the right to alter the Drawings, modify incidental work if necessary, and increase or decrease quantities of work to be performed in accordance with such changes, including deduction or cancellation of any one or more of the chapters or items. Changes in the work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes result in changes in the quantities of work to be performed, and proposed change will cause substantial inequity to the CITY or CONTRACTOR the applicable unit prices shall be equitably adjusted by change order. 5.5 Quantities necessary to complete the work as shown on the Drawings or as specified herein shall govern over those shown in the Proposal or Bid Documents. The CONTRACTOR shall take no advantage of any apparent error or omission in the Drawings or Specifications, and the Public Works Director shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 5.6 The quantities for payment, other than Final Payment, under this Contract shall be determined for actual measurement of the completed items, in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained herein. A representative of the CONTRACTOR shall witness all field measurements. 5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and supplied for the sole purpose of providing Bidder with a basis which will be used to determine the Base Bid and to obtain unit prices for approvals of progress payments for the Work done. Actual quantities which will be ordered by CITY may vary from those on the Bid Form(s). The CONTRACTOR'S attention is directed to the items of work for which no unit price is set. All work shown on the drawings as outlined in the specifications is to be completed in all respects, and the cost of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 18 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and CONTRACTOR. Requests for payment and supporting data shall be prepared by the CONTRACTOR and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. 5.9 The CONTRACTOR shall furnish the Public Works Director whatever assistance is required, laborers, clerks and records that will enable the Public Works Director to expeditiously check all estimates and especially the final quantities of the project. 5.10 CONTRACTOR shall submit Applications for Payment in accordance with Article 9 of the General Conditions. Applications for Payment will be processed by Public Works Director as provided in the General Conditions. CITY shall make progress payments on the basis of CONTRACTOR'S Applications for Payment as recommended by the Public Works Director, in accordance with Article 9 of the General Conditions. Prior to Final Completion of the Work of each Individual chapter progress payments will be in an amount equal to ninety percent (90%) of the Work completed. Upon Final Completion and Acceptance of the Work of each Individual Chapter, in accordance with Article 9 of the General Conditions, CITY shall pay the remainder of the Contract Price, as provided in Article 9. ARTICLE 6. RETAINAGE IN ANTICIPATION OF LIQUIDATED DAMAGES 6.1 CITY may withhold additional retainage if CONTRACTOR is behind schedule and it is anticipated by CITY that each portion of the Work will not be completed within the Contract Time, as specified in the Notice to Proceed. 6.2 CITY may consider CONTRACTOR'S progress schedules as amended, and compliance or non-compliance therewith and other factors, including CONTRACTOR'S failure to provide a schedule and/or to update the same. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 19 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress, or performance of the work which were relied upon by the Public Works Director in the preparation of the Drawings and Specifications. 7.3 CONTRACTOR has made or caused to be made examinations, investigations, and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 7.2 above as he deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the contract documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by the CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents. 7.5 CONTRACTOR has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. 7.6 Public Records Act Florida Statute Chapter 119 Compliance. CONTRACTOR understands and agrees that records and documents prepared by CONTRACTOR or the CITY for the performance of services may be subject to the Public Records Act, Florida Statute, Chapter 119 and may be required to be produced as provided in said statute. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the CONTRACTOR to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. ARTICLE 8. PUNCHLIST PROCEDURES Further to Florida Statutes §218.735(7)(a)(i), Punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows: 8.1 Within five (5) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a walkthrough with CITY ("Initial Walkthrough" a/k/a "IW"). The purpose of the City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 20 IW is to develop a preliminary checklist ("Checklist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR and CITY during the IW. The IW is to occur within ten (10) days of Substantial Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, CITY may conduct the IW with its Field Inspector. 8.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Checklist either during the IW itself, or thereafter for a period of fifteen (15) days from the date of the IW. 8.3 No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall again initiate and request a second walkthrough of the Project with the CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the IW Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR'S performance of completion of items contained on the IW Checklist) and for the purpose of developing a joint Final Punchlist. 8.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than five (5) days from the date of reaching Substantial Completion of the construction services purchase as defined in the Contract. 8.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes §218.735(7)(d) until the CONTRACTOR considers the Final Punch list to be one hundred percent (100%) complete. 8.6 CONTRACTOR agrees to complete the Final Punchlist items within fifteen (15) days of the date of its issuance by the CITY. 8.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as (a) the Final Punch list is one hundred percent (100%) complete, and (b) the CITY has been able to operate or utilize the affected Punchlist item for an additional period of fifteen (15) days. 8.8 CONTRACTOR acknowledges and agrees that the CITY may, at its option, during performance of the Work and prior to'. Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such the CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 21 observed by the CITY during performance of the Work. CONTRACTOR acknowledges and agrees that in calculating one hundred fifty percent (150%) of the amount which may be withheld by the CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(d), the CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the schedule of value associated with such Work activity, but rather total costs are based upon the value (i.e. cost) of completing such Work activity based upon market conditions at the time of Final Punchlist completion. ARTICLE 9. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the CITY and the CONTRACTOR are made a part hereof and consist of the following: • This Agreement • Certificates of Insurance • Payment Bond and Performance Bond • Notice of Award • Notices to Proceed • General Conditions • Technical Specifications, as applicable, listed in the Table of Contents thereof. • Drawings, for each project, consisting of a cover sheet and consisting of the sheets as listed in the index thereof. • Addenda numbers to , inclusive. • CONTRACTOR'S Bid Forms (including documentation accompanying the Bid and documentation prior to Notice of Award). • Documentation submitted by CONTRACTOR prior to Notice of Award. • Any modification, including Change Orders and Field Orders, duly delivered after execution of Agreement. • Call for Bids, Instructions to Bidders, Proposal, Bid Forms, Payment and Performance Bonds, and Application for Payment. There are no contract documents other than those listed above in this Article 9. The contract documents may only be altered, amended, or replaced by a modification (as defined in Section 1 of the general conditions). City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 22 ARTICLE 10. MISCELLANEOUS 10.1 Terms used in this agreement which are defined in Article 1 of the general conditions shall have the meanings indicated in the general conditions. 10.2 No assignments by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound, and any such assignment shall be void and of no effect; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents. 10.3 CITY and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained in the contract documents. ARTICLE 11. INDEMNIFICATION To the fullest extent permitted by law the Recipient's CONTRACTOR shall indemnify and hold harmless the Recipient, the State of Florida Department of Transportation (FDOT), and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient, the FDOT, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, in whole or in part, by professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 23 ARTICLE 12. E -VERIFICATION Vendors/CONTRACTORS 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 Vendor/CONTRACTOR during the term of the contract. Vendors/CONTRACTORS 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. IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At least one counterpart each has been delivered to the CITY and CONTRACTOR. All portions of the contract documents have been signed or identified by CITY and CONTRACTOR or by Public Works Director on their behalf. This Agreement will be effective on CITY By: Dowling R. Watford, Jr. Mayor Attest: Lane Gamiotea, CMC, CITY Clerk Addresses for giving notices: CITY City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 CONTRACTOR Name: b(A -W,ca Title: 217-er,ZGe.t� Attest: Title: N )A Corporate Seal CONTRACTOR k 111 .vim Florida State Contractors License No Approved as to form and legality for the use and reliance of the City of Okeechobee only. John R. Cook, City Attorney City of Okeechobee Public Works Department 24 Project No. PW 03-00-06-18 eopti toI aOrreei+o✓is mak. CITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT PW 03-00-06-18 OPENING DATE AND TIME: June 20, 2018 at 3:00 P.M. Prepared by: David Allen, Public Works Director Dated: June 8, 2018 CITY OF OKEECHOBEE CITY COUNCIL Bid No. PW 03-00-06-18 DOWLING R. WATFORD, JR., MAYOR NOEL CHANDLER MONICA CLARK MIKE O'CONNOR GARY RITTER MARCOS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 03-00-06-18 Invitation to Bid Advertisement Form Section I Section II Section 111 Section IV Section V Section VI Section VII Section VIII Section IX Section X Section XI Section XII Attachments: General Information Scope of Work Submission Requirements Checklist Bid Documentation Bidder's Qualification Questionnaire Bonding and Insurance Requirements Contractual Agreement Performance Bond Rejection of Proposals Notice to Proceed Notice of Award Miscellaneous A No Lobbying Affidavit B Anti -Collusion Statement and No Gift Statement C Proposer's Certification D Sworn Statement Pursuant to Section 287.133(2)(a), FL § on Public Entity Crimes E Conflict of Interest Disclosure Form F Immigration Law Certification G Drug -Free Workplace Certification 1 2 3 4 5-7 8-10 11- 15 16-24 25 - 28 29 30 31 32 - 33 34 35 36 37-38 39 40 41 t. t, INVITATION TO BID NO. PW 03-00-06-18 OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT Opening Date and Time: June 20, 2018, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to pressure wash and paint the Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee FL 34974. Sealed bids must be received within the General Services Department at City Hall, 55 SE 3rd Avenue, Rm 101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Wednesday, June 20, 2018. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. Bid Packets may be obtained from the General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM -4:30 PM, except holidays, or by contacting Patty Burnette, 863-763-3372 x 9820, or via email at pburnette@cityofokeechobee.com. A $25.00 non-refundable deposit per set of documents is required, made payable to the City of Okeechobee (checks & cash only accepted). Questions concerning the scope of work are to be directed to Public Works Director David Allen, 863-763-9790, or dallen@cityofokeechobee.com. NOTE: Bonding Requirements Apply to this Bid Opportunity. Submittals must be within a sealed envelope and contain two (2) clearly identified originals and one (1) copy of the bid, with the outside of the envelope clearly labeled "BID NO. PW 03-00-06-18 OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT, 6-20-18, 3:00 PM" with the submitting Company Name, and Return Address. Bids may be mailed, hand delivered and/or express mailed to the address listed above. Firms properly registered in the State of Florida are encouraged to submit their bid for consideration. It is the sole responsibility of the Bidder to deliver personally or by mail, their bid to the General Services Department on or before the closing hour and date for the receipt of bids as noted above. This solicitation does not commit the City of Okeechobee to award any contracts, to pay any costs incurred in the preparation of a response to this bid, or to contract for any services. The City Council reserves the right to reject any or all bids, to waive informalities and to accept or reject all or part of any bid, as they may deem to be in the best interests of the City of Okeechobee. Responses to this bid, upon receipt by the General Services Department, will become public records subject to provisions of Florida Statute Chapter 119 Florida Public Records Law. EEO/ADA/GINANP/DFWP By: Mayor Dowling R. Watford, Jr. on June 8, 2018 City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 1 SECTION I PW 03-00-06-18 GENERAL INFORMATION All responses which comply with the requirements of this Bid will be considered. Submittals must be made in the official name of the Firm or Individual under which business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the person, Partnership, Company, or Corporation submitting the response to this Bid. Two clearly identified originals and one copy of your proposal submittal are required. Proposal submittals will be received by the General Services Department until 3:00 p.m. on June 20, 2018. Proposal submittals are to be mailed, hand -delivered, and/or Express Mailed to: City of Okeechobee General Services Department 55 S.E. 3rd Avenue, Room 101 Okeechobee, FL 34974 The submitting offeror is required to have printed on the sealed envelope or wrapping containing their submission their Company name and return address, the Bid Number, Title, Opening Date and Time. Proposals received after the date and time specified above shall be returned to the sender unopened. Facsimile or emailed bids will not be accepted. All proposals shall remain in effect for a period of ninety (90) days after the last day on which proposals must be submitted. IF APPLICABLE: It is expected that the project for which this bid is being submitted may be partially funded by State Appropriated Funds of fifty percent (50%) or more. In this instance, the provisions of Florida Statute 255.0991 may apply, which states that project funding in this manner prevents the City from relying on a local ordinance which grants preference in awarding bids based upon :whether the bidder has a business office within the City; whether the bidder intends to hire local employees or agents; and whether the bidder pays local taxes. The Statute does however permit a preference to Contractors, Suppliers, etc. located within the State of Florida. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 2 SECTION II PW 03-00-06-18 SCOPE OF WORK SCOPE OF WORK The scope of work is to provide construction services needed to pressure wash and paint the Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee FL 34974. Questions about the scope of work should be to David Allen, Public Works Director by email to dallen@cityofokeechobee.com. The selected Contractors will be responsible for the entire scope of work, hiring licensed Subcontractors, and paying for all plans and permits from the City of Okeechobee and/or other agencies. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 3 .t SECTION III PW 03-00-06-18 SUBMISSION REQUIREMENTS A. The proposer shall submit: 1. Proposal on your Company's letterhead including two (2) clearly identified originals and one copy of your proposal. 2. Bid Form including qualifications in detail, which shall include information regarding licensing, experience, special qualifications, etc. 3. In addition to the Bid Form listed in Section IV, please complete the following forms that must be returned with your proposal: Attachment A — No Lobbying Affidavit Attachment B — Anti Collusion Statement and No Gifts Statement Attachment C — Proposer's Certification Attachment D — Sworn Statement Pursuant to Section 287.133(2)(a), Florida Statutes on Public Entity Crimes Attachment E — Conflict of Interest Disclosure Attachment F — Immigration Law Certification Attachment G — Drug Free Workplace Certification City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 4 SECTION IV PW 03-00-06-18 BID FORM City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 (BIDDER'S COMPANY NAME) I have received the documents titled Okeechobee City Hall, Fire Departments and Records Retention Building, Project No. PW 03-00-06-18. I have also received addendum number through and have included these provisions in my Bid. I have examined both the Bid documents and the construction site and submit the following Bid in which I agree: 1. To hold my Bid open until an agreement has been executed between the City of Okeechobee and accepted Bidder, including receipt of the Public Construction and Maintenance Bonds, or until ninety (90) days after Bids are opened, whichever is longer. 2. Regarding the Disposition of Bid Security: to accept the provisions of the Instructions to the Bidders. 3. To enter into and execute a Contract on the basis of this Bid and to furnish a 100 percent (100%) Payment and Performance Bond in accordance with the Instructions to Bidders to guarantee my workmanship and materials to be free from construction defects for a period of not less than one (1) year, if this Bid is accepted. 4. To accomplish the work included in, and in accordance with the Contract Documents, if this Bid is accepted. 5. To start work within thirty (30) calendar days from the date of the Notice to Proceed and thereafter to complete the work within sixty (60) calendar days, unless the time is modified by provisions of the contract, if this Bid is accepted. 6. Regarding Compensation for the proposed work: if this Bid is accepted, I will construct this project on a unit price basis as reflected in the Bid Unit Price Schedule on page 7 of this Bid. 7. Regarding the Award of the Contract: if I am awarded a contract for this project, I understand that the award may be for all or any portion thereof of the items listed under the Bid Unit Price Schedule. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 5 BID UNIT PRICE SCHEDULE PW 03-00-06-18 OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINT PROJECT ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT 1 PRESSURE WASH AND SPRAY 50/50 SOLUTION FOR ALGAE. REPAIR STUCCO AND SEAL ALL WALL CRACKS AND MAKE ALL NECESSARY PAINTING PREPARATIONS FOR THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3R1) AVENUE, OKEECHOBEE, FL 34974. LS 1 2 SEAL COAT AND MASK CITY OF OKEECHOBEE CITY SEAL ON THE NORTH WALL OF CITY HALL AND TAKE ALL NECESSARY MEASURES NEEDED TO PROTECT THE SEAL FROM DAMAGE DURING PAINTING. LS 1 3 PAINT THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE FL 34974. PAINT SHALL BE ELASTOMERIC MASONRY BRICK AND STUCCO PAINT, TRIM AND WALL COLORS (2 COLOR) TO BE CHOSEN BY CITY LS 1 TOTAL BID AMOUNT (Based on Bid Unit Prices & Estimated Quantities) Bidders Company Name NOTE: This Bid is on a unit price basis. The total estimated amount is for Bid comparison purposes only. The Contractor should field verify the actual site conditions prior to time of bidding and before submitting the Bid proposal. The Contractor should read the special conditions and the requirements for insurance before submitting a Bid proposal. The Contractor should verify the quantities to be included in the construction contract. The Contractor shall furnish the City of Okeechobee with a Payment and Performance Bond in 100 percent (100%) of the total estimated amount of the contract. The Payment and Performance Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The Contractor in his Bid shall include the cost of said bond. Density testing shall be at the expense of the City of Okeechobee, except for failing tests, which shall be charged to the Contractor. have attached the required 5 percent (5%) Bid Security to this Bid. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 6 Bidder: Date: (Company Name) By: Title: (Signature) Email: (Printed Name) Mailing Address: Office Number: Fax Number: L r, City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 7 SECTION V PW 03-00-06-18 BIDDER'S QUALIFICATION QUESTIONNAIRE THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS HEREIN CONTAINED: 1. How many years has your organization been in business as a General Contractor? 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. The following are named as three (3) Corporations or Individuals for which you have performed work and to which you refer. 5. Have you personally inspected the proposed work and have you a complete plan or schedule for its performance? Provide schedule to describe the amount of work per month that is to be completed. 6. Will you sublet part of this work? If so, give details. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 8 BIDDER'S QUALIFICATION QUESTIONNAIRE (cont'd) 7. What equipment do you own that is available for the work? 8. What equipment will you purchase for the proposed work? 9. What equipment will you rent for the proposed work? 10. The following is given as a summary of the financial statement of the undersigned: (List assets and liabilities and insert sheets if necessary) 11. Please provide proof of State Certification and/or State Registration by attaching copies of State Certifications. State Registrations shall also be accompanied by proof of Okeechobee County Certificate(s) of Competency by attaching copies of County Certificate(s). Possession of either a State Certification or County Competency card must be attained prior to Bid submittal. 12. State the true, exact, correct, and complete name of the Partnership, Corporation, or trade name under which you do business. (If Corporation, state the name of the President and Secretary. If a Partnership, state the name of all Partners. If a trade name, state the name of the Individuals who do business under the trade name). (CORRECT NAME OF BIDDER) (a.) The business is a City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 9 (b.) The address of the principal place of business is: (c.) The names of the Corporate Officers, Partners, or Individuals doing business under a trade name are as follows: City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 10 SECTION VI PW 03-00-06-18 BONDING AND INSURANCE REQUIREMENTS BID BOND A certified check, cashier's check or bank officer's check, for the sum set forth in the advertisement, but not less than 5 percent (5%) of the total Bid, made payable to the City of Okeechobee, Okeechobee, Florida, or Bid bond in such amount, shall accompany each Bid of $25,000.00 or more as evidence of the good faith and responsibility of the Bidder. The check or bond shall be retained by the City as liquidated damages should the Bidder refuse to, or fail to, enter into a contract for the execution of the work embraced in this Bid, in the event the Bid of the Bidder is accepted. Retention of such amount shall not be construed as a penalty or forfeiture. As soon as a satisfactory contract has been executed and bonds furnished and accepted, the check or bond accompanying the Bid of the successful Bidder will be returned. The City will return the certified or other checks or Bid bonds of the unsuccessful Bidders to them only upon acceptance of the Bid of the successful Bidder and formal award of the contract by the City of Okeechobee City Council. PAYMENT AND PERFORMANCE BOND The successful Bidder shall furnish a bond written by a Corporate Surety Company, holding a Certificate of Authority from the Secretary of the Treasury of the United States as acceptable sureties on federal bonds, in an amount equal to the total amount payable by the terms of the contract, executed and issued by a Resident Agent licensed by and having an office in the State of Florida, representing such Corporate Surety, conditioned for the due and faithful performance of the work, and providing in addition to all other conditions, that if the Contractor, or its Subcontractors, fail to duly pay for any labor, materials, or other supplies used or consumed by such Contractor, or its Subcontractors, in performance of the work contracted to be done, the Surety will pay the same in the amount not exceeding the sum provided in such bonds, and that they shall indemnify and save harmless the City to the extent of any and all payments in connection with carrying out of the contract, which the City may be required to make under law. This bond shall be provided to the City within ten (10) days of notification of Bid award. The Contractor is required at all times to have a valid payment and performance bond in force covering the work being performed. A failure to have such bond in force at any time shall constitute a default on the part of the Contractor. A bond written by a Surety, which becomes disqualified to do business in the State of Florida, shall automatically constitute a failure on the part of the Contractor to meet the above requirements. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 11 J Such bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to 25 percent (25%) of contract price, or an additional bond shall be conditioned that the Contractor will correct any defective or faulty work or material which appear within one (1) year after completion of the contract, upon notification by the City. INDEMNITY [CONTRACTOR] shall defend, indemnify and hold harmless the City of Okeechobee and all of the City of Okeechobee's officers, agents, and employees from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, attorneys' fees, and court costs which may arise because of the negligence (whether active or passive), misconduct, or other fault, in whole or in part (whether joint, concurrent, or contributing), of [VENDOR], its officers, agents or employees in performance or non-performance of its obligations under the Agreement. [CONTRACTOR] recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City of Okeechobee when necessary, and voluntarily makes this covenant and expressly acknowledges the receipt of such good and valuable consideration provided by the City of Okeechobee in support of these indemnification, legal defense and hold harmless contractual obligations in accordance with the laws of the State of Florida. This clause shall survive the termination of this Agreement. Compliance with any insurance requirements required elsewhere within this Agreement shall not relieve [CONTRACTOR] of its liability and obligation to defend, hold harmless and indemnify the City of Okeechobee as set forth in this article of the Agreement. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in section 768.28, Florida Statutes. INSURANCE [CONTRACTOR] shall, at its sole cost and expense, procure and maintain throughout the term of this contract, Comprehensive General Liability, Worker's Compensation, and Commercial Automobile Liability insurance, including Employer Liability insurance, with minimum policy limits specified below Combined Single Limits, or to the extent and in such amounts as required and authorized by Florida law, and will provide endorsed certificates of insurance generated and executed by a licensed insurance broker, brokerage or similar licensed insurance professional evidencing such coverage, and naming the City of Okeechobee as a named additional insured, as well as furnishing the City of Okeechobee with a certified copy, or copies, of said insurance policies. Certificates of insurance and certified copies of these insurance policies must accompany this signed contract. Said insurance coverages procured by [CONTRACTOR] as required herein shall be considered, and [CONTRACTOR] agrees that said insurance coverages it City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 12 procures as required herein shall be considered, as primary insurance over and above any other insurance, or self-insurance, available to the City of Okeechobee, and that any other insurance, or self-insurance available to the City of Okeechobee shall be considered secondary to, or in excess of, the insurance coverage(s) procured by [CONTRACTOR] as required herein. Worker's' Compensation - Coverage is to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include Employers' Liability with a limit of $500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy limit for disease. Commercial General Liability (Occurrence Form Required) - (ContractorNendor) shall maintain commercial general liability (CGL) insurance with a limit of not less than $500,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $1,000,000.00. Products and completed operations aggregate shall be $1,000,000.00. CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent Contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury. Damage to rented premises shall be included at $100,000.00. Commercial Automobile Liability Insurance - (Contractor/Vendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 13 BID BOND KNOW ALL MEN THESE PRESENTS, that we as Principal, and as surety, are firmly bound unto the City Council, City of Okeechobee, Florida, hereinafter called the Owner in the sum of dollars ($ ) being 5 percent (5%) of the attached maximum Bid amount of dollars ($ ) the payment of which sum well and truly to be made, the said Principal and the said surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Paint Project, Bid No. PW 03- 00-06-18 based on the contract documents prepared by the City of Okeechobee Public Works Department. NOW, THEREFORE, if the Owner shall accept the Bid of the Principal and the Principal shall enter into a contract with the owner in accordance with the terms of such Bid, and give such 100 percent (100%) Bond as specified in the Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event the Principal fails to enter such contract and give such bond or bonds, if the Principal shall pay to the Owner the difference not exceeding the penalty hereof between the amount specified in said Bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said Bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of , 2018. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 14 FOR CORPORATE BIDDERS: WITNESS: FOR NON -CORPORATE BIDDERS: WITNESS: By Title (Principal') (Soo!) Surety By /Seal) Typed Name Address (Pnncipal) (Seal) By Title Surety By (Seng Typed Name Address City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 15 SECTION VII PW 03-00-06-18 AGREEMENT This AGREEMENT is dated as of the day of in the year 2017, between the City of Okeechobee (CITY) and (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 The Work is described as follows: Provide construction services needed to pressure wash and paint the Okeechobee City Hall, Fire Department, and Records Retention Building located at 55 SE 3rd Avenue, Okeechobee FL 34974. ARTICLE 2. PUBLIC WORKS DIRECTOR 2.1. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall mean: City of Okeechobee Public Works Director 55 S.E. 3rd Avenue Okeechobee, FL 34974 ARTICLE 3. CONTRACT TIME 3.1 The Work shall be completed within the sixty (60) calendar days specified on the Notice to Proceed for each project assigned. 3.2 CITY and CONTRACTOR recognize that Projects may have important environmental and economic significance and, as required for compliance with Federal and State Regulations, that time is of the essence of this Agreement, and that the CITY will suffer direct financial loss if Projects are not completed as described in paragraph 3.1 Accordingly, CONTRACTOR agrees to pay CITY as liquidated damages the amount established in the following schedule per day for each day that Projects are not completed in accordance with this Article 3, Paragraph 3.1. Original Contract Amount Daily Charge per Calendar Day $500,000.00 and under $ 500.00 Over $500,000.00 but less than $1,000,000.00 $ 750.00 Over $1,000,000.00 but less than $2,500,000.00 $ 1,000.00 Over $2,500,000.00 but less than $5,000,000.00 $ 1,250.00 3.3 In addition to the provision for payment to the CITY by CONTRACTOR of liquidated damages due to the failure of the CONTRACTOR to complete each project within the time stipulated in each project's notice to proceed, or City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 16 within such additional time as may have been granted by the Public Works Director, the CITY may also recover from CONTRACTOR amounts paid by the CITY for damages suffered by third parties as a result of CONTRACTOR'S failure to complete each project within the time stipulated, or within such additional time as may have been granted by the Public Works Director, unless the failure to timely complete the project was caused by the CITY's acts or omissions. 3.4 Liquidated damages are cumulative and additive and represent a reasonable estimate of CITY's expenses for extended delays and administrative costs associated with such delay. In addition to the liquidated damage amounts, there will be additional amounts charged to the CONTRACTOR for all delay damages incurred by the CITY as a result of unavoidable delays by the CONTRACTOR. These actual delay damages will include, but not be limited to, inspection, engineering services, delay damage settlements or awards, penalties, and professional fees incurred in connection with such settlements, awards or penalties and fines imposed by regulatory agencies, contract damages and loss of use. ARTICLE 4. CONTRACT PRICE 4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the unit prices listed in the contract documents CONTRACTOR'S Bid form on a project by project basis. 4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, on the basis of the unit prices indicated on the Bid form. ARTICLE 5. MEASUREMENT AND PAYMENT 5.1 Payment for the work, as further specified herein, shall include compensation to be received by the CONTRACTOR for furnishing tools, equipment, supplies, and manufactured articles, and for labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the work in accordance with the requirements of the contract documents, including appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. 5.2 The total Unit Bid Price for each project shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishings all materials, equipment, City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 17 supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 The CITY reserves the right to alter the Drawings, modify incidental work if necessary, and increase or decrease quantities of work to be performed in accordance with such changes, including deduction or cancellation of any one or more of the chapters or items. Changes in the work shall not be considered as a waiver of any conditions of the Contract nor invalidate any provisions thereof. When changes result in changes in the quantities of work to be performed, and proposed change will cause substantial inequity to the CITY or CONTRACTOR the applicable unit prices shall be equitably adjusted by change order. 5.5 Quantities necessary to complete the work as shown on the Drawings or as specified herein shall govern over those shown in the Proposal or Bid Documents. The CONTRACTOR shall take no advantage of any apparent error or omission in the Drawings or Specifications, and the Public Works Director shall be permitted to make corrections and interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 5.6 The quantities for payment, other than Final Payment, under this Contract shall be determined for actual measurement of the completed items, in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained herein. A representative of the CONTRACTOR shall witness all field measurements. 5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate and supplied for the sole purpose of providing Bidder with a basis which will be used to determine the Base Bid and to obtain unit prices for approvals of progress payments for the Work done. Actual quantities which will be ordered by CITY may vary from those on the Bid Form(s). The CONTRACTOR'S attention is directed to the items of work for which no unit price is set. All work shown on the drawings as outlined in the specifications is to be completed in all respects, and the cost of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 18 4 1 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and CONTRACTOR. Requests for payment and supporting data shall be prepared by the CONTRACTOR and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. 5.9 The CONTRACTOR shall furnish the Public Works Director whatever assistance is required, laborers, clerks and records that will enable the Public Works Director to expeditiously check all estimates and especially the final quantities of the project. 5.10 CONTRACTOR shall submit Applications for Payment in accordance with Article 9 of the General Conditions. Applications for Payment will be processed by Public Works Director as provided in the General Conditions. CITY shall make progress payments on the basis of CONTRACTOR'S Applications for Payment as recommended by the Public Works Director, in accordance with Article 9 of the General Conditions. Prior to Final Completion of the Work of each Individual chapter progress payments will be in an amount equal to ninety percent (90%) of the Work completed. Upon Final Completion and Acceptance of the Work of each Individual Chapter, in accordance with Article 9 of the General Conditions, CITY shall pay the remainder of the Contract Price, as provided in Article 9. ARTICLE 6. RETAINAGE IN ANTICIPATION OF LIQUIDATED DAMAGES 6.1 CITY may withhold additional retainage if CONTRACTOR is behind schedule and it is anticipated by CITY that each portion of the Work will not be completed within the Contract Time, as specified in the Notice to Proceed. 6.2 CITY may consider CONTRACTOR'S progress schedules as amended, and compliance or non-compliance therewith and other factors, including CONTRACTOR'S failure to provide a schedule and/or to update the same. ARTICLE 7. CONTRACTOR'S REPRESENTATIONS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 19 1 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress, or performance of the work which were relied upon by the Public Works Director in the preparation of the Drawings and Specifications. 7.3 CONTRACTOR has made or caused to be made examinations, investigations, and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 7.2 above as he deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the contract documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by the CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents. 7.5 CONTRACTOR has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. 7.6 Public Records Act Florida Statute Chapter 119 Compliance. CONTRACTOR understands and agrees that records and documents prepared by CONTRACTOR or the CITY for the performance of services may be subject to the Public Records Act, Florida Statute, Chapter 119 and may be required to be produced as provided in said statute. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the CONTRACTOR to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. ARTICLE 8. PUNCHLIST PROCEDURES Further to Florida Statutes §218.735(7)(a)(i), Punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows: 8.1 Within five (5) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a walkthrough with CITY ("Initial Walkthrough" a/k/a "IW"). The purpose of the City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 20 IW is to develop a preliminary checklist ("Checklist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR and CITY during the IW. The IW is to occur within ten (10) days of Substantial Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, CITY may conduct the IW with its Field Inspector. 8.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Checklist either during the IW itself, or thereafter for a period of fifteen (15) days from the date of the IW. 8.3 No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall again initiate and request a second walkthrough of the Project with the CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the IW Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR'S performance of completion of items contained on the IW Checklist) and for the purpose of developing a joint Final Punchlist. 8.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than five (5) days from the date of reaching Substantial Completion of the construction services purchase as defined in the Contract. 8.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes §218.735(7)(d) until the CONTRACTOR considers the Final Punch list to be one hundred percent (100%) complete. 8.6 CONTRACTOR agrees to complete the Final Punchlist items within fifteen (15) days of the date of its issuance by the CITY. 8.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as (a) the Final Punch list is one hundred percent (100%) complete, and (b) the CITY has been able to operate or utilize the affected Punchlist item for an additional period of fifteen (15) days. 8.8 CONTRACTOR acknowledges and agrees that the CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such the CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 21 observed by the CITY during performance of the Work. CONTRACTOR acknowledges and agrees that in calculating one hundred fifty percent (150%) of the amount which may be withheld by the CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes §218.735(7)(d), the CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the schedule of value associated with such Work activity, but rather total costs are based upon the value (i.e. cost) of completing such Work activity based upon market conditions at the time of Final Punchlist completion. ARTICLE 9. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the CITY and the CONTRACTOR are made a part hereof and consist of the following: • This Agreement • Certificates of Insurance • Payment Bond and Performance Bond • Notice of Award • Notices to Proceed • General Conditions • Technical Specifications, as applicable, listed in the Table of Contents thereof. • Drawings, for each project, consisting of a cover sheet and consisting of the sheets as listed in the index thereof. • Addenda numbers to , inclusive. • CONTRACTOR'S Bid Forms (including documentation accompanying the Bid and documentation prior to Notice of Award). • Documentation submitted by CONTRACTOR prior to Notice of Award. • Any modification, including Change Orders and Field Orders, duly delivered after execution of Agreement. • Call for Bids, Instructions to Bidders, Proposal, Bid Forms, Payment and Performance Bonds, and Application for Payment. There are no contract documents other than those listed above in this Article 9. The contract documents may only be altered, amended, or replaced by a modification (as defined in Section 1 of the general conditions). City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 22 ARTICLE 10. MISCELLANEOUS 10.1 Terms used in this agreement which are defined in Article 1 of the general conditions shall have the meanings indicated in the general conditions. 10.2 No assignments by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound, and any such assignment shall be void and of no effect; and specifically but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents. 10.3 CITY and CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, his partners, successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained in the contract documents. ARTICLE 11. INDEMNIFICATION To the fullest extent permitted by law the Recipient's CONTRACTOR shall indemnify and hold harmless the Recipient, the State of Florida Department of Transportation (FDOT), and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Contract. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. To the fullest extent permitted by law, the Recipient's consultant shall indemnify and hold harmless the Recipient, the FDOT, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, in whole or in part, by professional negligence, error or omission, recklessness, or intentional wrongful conduct of the consultant or persons employed or utilized by the consultant in the performance of the Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Recipient's sovereign immunity. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 23 ARTICLE 12. E -VERIFICATION Vendors/CONTRACTORS 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 Vendor/CONTRACTOR during the term of the contract. Vendors/CONTRACTORS 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. IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At least one counterpart each has been delivered to the CITY and CONTRACTOR. All portions of the contract documents have been signed or identified by CITY and CONTRACTOR or by Public Works Director on their behalf. This Agreement will be effective on CITY By: Dowling R. Watford, Jr. Mayor Attest: Lane Gamiotea, CMC, CITY Clerk Addresses for giving notices: CITY City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 CONTRACTOR By: Name: Title: Attest: Title: Corporate Seal CONTRACTOR Florida State Contractors License No Approved as to form and legality for the use and reliance of the City of Okeechobee only. John R. Cook, City Attorney City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 24 SECTION VIII PW 03-00-06-18 PERFORMANCE BOND Project Name: Okeechobee City Hall, Fire Department, and Records Retention Building Paint Project Bid No: PW 03-00-06-18 Bond No: Know all men by these presents that: (Name of Contractor) (Address of Contractor) a (Corporation, Partnership, or Individual) hereinafter called Principal, and hereinafter called Surety, are held and firmly bound unto: (Name of Owner) (Address of Owner) hereinafter called Owner, in the penal sum of dollars, ($ ), in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our successors, and assigns, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas, the principal entered into a certain contract with the owner, dated the day of , 2018, a copy of which is hereto attached and made a part hereof, date(s) to be filled in by owner. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 25 This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes, as the same may be amended. The surety shall be bound by any and all arbitration awards to the same extent as Contractor is bound. Now, therefore, the condition of this obligation is such that if principal: 1. Promptly and faithfully performs it's duties, all the covenants, terms, conditions, and agreements of said contract and remedies without cost to City any defects which may develop during a period of one (1) year from the date of the issuance of the final certificate of completion and acceptance of the work performed under said agreement, and 2. Pays owner all losses, damages (liquidated or actual), expenses, costs and attorney's fees including costs and attorney's fees on appeal that owner sustains resulting directly or indirectly from any breach or default by principal under the contract, and 3. Satisfies all claims and demands incurred under the contract, and fully indemnifies and holds harmless the owner from all costs and damages which it may suffer by reason of failure to do so, then this bond is void; otherwise it shall remain in full force and effect. In the event that the principal shall fail to perform any of the terms, covenants, and conditions of the contract during the period in which this performance bond is in effect, the surety shall remain liable to the owner for all such loss or damage (including reasonable attorney's fees and costs and attorney's fees on appeal) resulting from any failure to perform up to the amount of the penal sum. In the event that the surety fails to fulfill its obligations under this performance bond, then the surety shall also indemnify and hold the owner harmless from any and all loss, damage, cost and expense, including reasonable attorney's fees and costs for all trial and appellate proceedings, resulting directly or indirectly from the surety's failure to fulfill its obligations hereunder. This paragraph shall survive the termination or cancellation of this performance bond. The surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon owner's pursuit of its remedies against principal, and shall remain in full force and effect notwithstanding (i) amendments or modification to the contract entered into by owner and principal without the surety's knowledge or consent, (ii) waivers of compliance with or any default under the contract granted by owner to principal without the surety's knowledge or consent, or (iii) the discharge of principal from its obligations under the contract as a result of any proceeding initiated under the Bankruptcy Code of 1978, as City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 26 the same may be amended, or any similar state or federal law, or any limitation of the liability of principal or its estate as a result of any such proceeding. Any changes in or under the contract documents (which include the plans, drawings, and specifications), and compliance or noncompliance with any formalities connected with the contract or the changes therein shall not affect surety's obligations under this bond, and surety hereby waives notice of any such changes. Further, principal and surety acknowledge that the penal sum of this bond shall increase or decrease in accordance with approved changes or other modifications to the contract documents. IN WITNESS WHEREOF, this instrument executed in (Number) counterparts, each of which shall be deemed an original, this day of 2018. ATTEST: Principal Secretary Name (Corporate Seal) Witness as to principal Witness as to principal Principal By Name Title Address City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 27 i ATTEST: Surety Secretary Name (Corporate Seal) Witness as to Surety Note: Important: Attach: Surety By Attorney -in -Fact Name Address Date of bond must not be prior to date of contract. If Contractor is a Partnership, all partners should execute bond. Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located, unless otherwise specifically approved in writing by the City. A certified copy of Power of Attorney appointing Individual Attorney -in -Fact for execution of performance bond of behalf of surety. (The performance bond and the payment bond and the covered amounts of each are separate and distinct from each other.) City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 28 SECTION IX PW 03-00-06-18 REJECTION OF PROPOSALS 1. The City may reject a Bid if: a. The Proposer conceals any material fact in the proposal. b. The proposal does not strictly conform to the law or requirements of the proposal. c. The City may, however, reject any or all Bids, whenever it is deemed in the best interest of the City to do so and may reject any part of a Proposal. The City may also waive any minor informalities or irregularities in any Proposal. 2. Proposal Protest Procedure: a. Any Proposer that has submitted a formal proposal to City of Okeechobee, and who is adversely affected by the decision with respect to the award of the formal proposal, may file with the City Administrator's Office, City of Okeechobee, 55 S.E. 3rd Avenue, Okeechobee, FL 34974, a written Protest no later than forty-eight (48) hours (excluding Saturdays, Sundays and Legal Holidays) of the decision of the City of Okeechobee City Council to award the proposal. b. The "Notice of Intent to File a Protest" document shall be in the form of a letter stating all grounds claimed for the Protest. Failure to do so shall constitute a waiver of all rights to seek any further remedies provided for under this Protest Procedure. c. The City Administrator shall submit the protest statement and affidavits along with his or her own statement and affidavits in support of the award of the formal proposal to the City Council for a final determination of the protest. City of Okeechobee Project No. PW U3-UU-Ub-125 Public 'Works Deparirneni 29 % Date: To: SECTION X PW 03-00-06-18 NOTICE TO PROCEED SUBJECT PROJECT: PW 03-00-06-18 Okeechobee City Hall, Fire Department, and Records Retention Building Paint Project You are hereby notified to proceed with the Work on the Subject Project on or before days. and to complete the same within calendar The completion date for the Work shall be: OWNER: BY: City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 David Allen Public Works Director CONTRACTOR'S ACKNOWLEDGMENT OF RECEIPT OF NOTICE: CONTRACTOR: Name: Date: Address: Signature: Title: City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 30 Date 1 SECTION XI PW 03-00-06-18 NOTICE OF AWARD Name Attention Address Dear The City Council awarded the PW 03-00-06-18 Okeechobee City Hall, Fire Department, and Records Retention Building Paint Project Bid to your Company, at the City Council Meeting in the amount of ($ In order to proceed with this Project, you will need to provide the City of Okeechobee with the following within ten (10) days of the date of this notice: ). We look forward to working with you on this project. If you have any questions please feel free to contact me per my contact information below. Sincerely, David Allen, Public Works Director City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 Office: 863-763-9790 Fax: 863-763-1686 dallen@cityofokeechobee.com City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 31 SECTION XII PW 03-00-06-18 MISCELLANEOUS A. No Lobbying: All respondents are hereby placed on notice that any communication, whether written or oral, with City of Okeechobee elected officials or any City staff or outside Individuals working with the City in respect to this request (with the exception of the General Services personnel designated to receive requests for interpretation or corrections or technical questions), is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for Bid, proposals, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. All respondents must submit the attached No Lobbying Affidavit with their submittal stating that they and their Subcontractor, sub -consultants and agents agree to abide by the no lobbying restrictions in order to be considered for this request. Any respondent that does not submit the required No Lobbying Affidavit will be automatically disqualified from further consideration. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment A B. Collusion, Gratuities and Kickbacks: It shall be unethical for any respondent to collude with any other respondent or offer, give or agree to give any City Council member, City employee or City representative (including selection committee members) a gift, gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of the procurement process. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment B C. Modifications: The City reserves the right to modify, alter or change the scope or other aspects of this solicitation. D. Level Playing Field: The contents of this solicitation are intended to provide a level playing field on which Firms or Individuals may base their responses. E. Public Entity Crime Affidavit: As requested by Florida Statute 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a Public Entity' Crime may not submit a Bid on a contract with a Public Entity for the construction or repair of a public building or a public work, may not submit Bids on leases of real property to a Public Entity, may not be awarded or perform work as a Contractor, supplier, Subcontractor, or consultant under a contract with any Public Entity, and may not transact business with any Public Entity in excess of the threshold amount provided in F.S. 287.017 for City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 32 Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Any person must notify the City within thirty (30) days after a conviction of a Public Entity crime applicable to that person or to an affiliate of that person. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment B F. Conflict of Interest: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their submission the name of any officer, director, employee or agent who is also a public officer, employee or an agent of the City of Okeechobee City Council, or any of its agencies. Furthermore, all respondents must disclose the name of any City officer, employee or agent who owns, directly or indirectly, an interest of five percent (5 %) or more in the Firm or any of its parent companies or subsidiaries. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment E G. Immigration Laws: Respondents must comply with all applicable immigration laws in their employment practices. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment F H. Tie Proposals: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals which are equal with respect to quality and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors has a drug-free workplace program. NOTE: For respondents' convenience, this certification form is attached and made apart of the procurement package. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 33 ATTACHMENT A PW 03-00-06-18 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF This day of , 2018, being first duly sworn, deposes and says that he/she is the authorized representative of (Name of Contractor, Firm or Individual) respondent to the attached request for Bid, proposal or qualifications and/or any other solicitation released by City of Okeechobee, and that the Bidder and any of its agents agrees to abide by the City of Okeechobee no lobbying restrictions in regard to this solicitation. Affiant The foregoing instrument was acknowledged and subscribed before me this day of , 20 , by , who is personally known OR produced as identification. Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 34 Date: ATTACHMENT B PW 03-00-06-18 ANTI -COLLUSION STATEMENT AND NO GIFTS STATEMENT Anti -collusion statement: The below -signed Bidder has not divulged to, discussed, or compared his/her Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. No gifts statement: No premiums, rebates, gifts or gratuities are permitted with, prior to, or after submission of the Bid. Any such violation will result in rejection of the Bid and removal from the Bid list(s). Firm Name: By (printed/typed): By (signature): Title: Mailing Address: City, State, Zip: Telephone No.: City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 35 ATTACHMENT C PW 03-00-06-18 PROPOSER'S CERTIFICATION I have carefully examined this Request for Bids (BID)/Request for Proposals (RFP)/ Request for Qualifications (RFQ), which includes scope, requirements for submission, general information and the evaluation and award process. I acknowledge receipt of the following addenda. Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: I hereby propose to provide the services requested in the City's BID/RFP/RFQ and, if awarded, to enter into the attached draft contract. I agree that the terms and conditions of the City's BID/RFP/RFQ shall take precedence over any conflicting terms and conditions submitted with my proposal and agree to abide by all conditions of the BID/RFP/RFQ, unless a properly completed Exceptions to BID/RFP/RFQ form is submitted. I acknowledge that the City may not accept the proposal due to any exceptions. I certify that all information contained in my proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company as its agent and that the Company is ready, willing and able to perform if awarded a contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion or collusion with any other person, Company or Corporation submitting a proposal for the same product or service; no gratuities, gifts or kick -backs were offered or given by the Bidder or anyone on its behalf to gain favorable treatment concerning this procurement; no City Council member, employee or agent of City of Okeechobee or of any other Company is interested in said Bid; and that the undersigned executed this Proposer's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. Name of Business Mailing Address City, State & Zip Code Authorized Signature Telephone Number/Fax Number Name & Title, Typed Email Address STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged and subscribed before me this day of , 20_ by , who is personally known OR produced as identification. Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 36 ATTACHMENT D PW 03-00-06-18 SWORN STATEMENT PURSUANT TO SECTION 287.133 (2)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to CITY OF OKEECHOBEE, FLORIDA by: (print Individual's name and title) for: (print name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is: (If the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any Bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 37 United States with the legal power to enter into a binding contract and which Bids or applies to Bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies). ❑ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. El The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ❑ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged and subscribed before me this day of , 20_, by who is personally known OR produced as identification. Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 38 ATTACHMENT E PW 03-00-06-18 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Bidders must disclose if any City of Okeechobee employee(s), elected official(s), or any of its agents is also an owner, corporate officer, director, agent, employee, etc., of their business. Indicate either "yes" (a City employee, elected official or agent is associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. YES NO Name(s) Position(s) Firm Name: By (Printed): By (Signature): Title: Address: Phone Number: City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 39 14, ATTACHMENT F PW 03-00-06-18 IMMIGRATION LAW CERTIFICATION City of Okeechobee will not intentionally award City contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324 a(e) (Section 274a(e) of the immigration and nationality act ("INA")). City of Okeechobee may consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the contract by City of Okeechobee. Respondent attests that it is fully compliant with all applicable immigration laws, specifically relating to the 1986 immigration act and subsequent amendments. Company Name Signature Title Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged and subscribed before me this day of , 20_, by , who is personally known OR produced as identification. Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No. City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 40 ATTACHMENT G PW 03-00-06-18 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the work place and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this Firm complies fully with the above requirements. Signature: Date: Company: Name: Address: Title: Phone Number: City of Okeechobee Project No. PW 03-00-06-18 Public Works Department 41