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Bid Documents
REVISED PUBLIC NOTICE — POSTED JULY 19, 2019: BE ADVISED THAT DUE TO NO ATTENDANCE BY VENDORS/POTENTIAL BIDDERS AT THE MANDATORY PRE - BID MEETING, THIS BID OPENING IS CANCELLED. A.OF 01(p. INVITATION TO BID NO. PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT -=- Mandatory Pre -Bid: July 17, 2019, 3:00 PM V 91 Opening Date and Time: July 24, 2019, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to replace two existing patio awnings at City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. New awnings to be three inch thick, aluminum clad meeting Florida Approval FL21443-Rl or equivalent. 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, July 24, 2019. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. A MANDATORY Pre -Bid Meeting will be held on Wednesday, July 17, 2019, at 3:00 PM EST in the Council Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for this bid. Product specifications are available in the Bid Packets that may be obtained on the City's website, www.cityofokeechobee.com/contracting-opportunities.html, or from the General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM-4:30 PM, except holidays. 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 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT, 7-24-19, 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/GINA/VP/DFWP By: Mayor Dowling R. Watford, Jr. on July 5, 2019 Posted: 7/5/19-BJ V/ po'SkCL Patty Burnette From: Lane Gamiotea Sent: Friday, July 19, 2019 1:14 PM To: Kim Barnes Cc: India Riedel; Bobbie Jenkins; Patty Burnette; Kay Matchett; David Allen Subject: Revised Notice for Bid #PW-01-00-07-19 cancelled Attachments: PW 01-00-07-19 City Hall Patio Awning Replacement REVISED -BID CANCELLED.pdf Importance: High Kindly post this revised notice to the web page for bids per Attorney Cook ASAP for the City Hall Patio Awning Replacement Bid. Then remove it on July 25 (has to remain thru time the bid opening would have taken place which is Jul 24). Thank you. Lane Earnest-Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x9814 Fax: 863.763.1686 Cell: 863.697.0345 d i NO/ A 1 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Patty Burnette From: Patty Burnette Sent: Thursday, July 18, 2019 2:26 PM To: John Cook Orcookl648@yahoo.com);johncook@cityofokeechobee.com Subject: Bid for patio awning replacement Importance: High Tracking: Recipient Read John Cook Orcook1648@yahoo.com) johncook@cityofokeechobee.com John Cook Read: 7/18/2019 3:17 PM Hi John. Yesterday we had a pre -bid meeting and no one came. The bid opening is scheduled for next Wednesday. Since no one came to the pre -bid no one can submit a bid. My question is do we put a notice up that it is withdrawn or what do we do? Lane of course has a notice up that the meeting is next week and it is posted on our website. bo Z 3(i t ( o peen ox bid wee- -fn,,, a tic' 0, 1 ^(c<<- Thank you for your help. Ofafe. b6t't (,Arne �'e ��-�j �o pP� s•covK i� �F -For Tuh,re, reNreiice. b a d ocz ne er_ f o be S PPc da l 4( C 04 rct r t/ Pa4fy M. r3wrv%e� GeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, El 34974 T'e6 863-763-3372 Direct: 863-763-9820 does �s1 e�� h�nc� ► � � ►1e. ('hoY'�{Pc( S�Jf�lu�ti��nudtt.. fo�G� i (( VrP pet �tt fYlar'v Iv� `7 has G ��r' ;��t/vedek_ Tax: 863-763-1686 0� psi f e-maiC V6urnette@cituofokeecho6ee.com add to website: www.ckVofokeecho6ee.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. CW0IIei Bid Opening Sign In Sheet Okeechobee City Hall Patio Awning Replacement, PW 01-00-07-19, July 24, 2019, 3:00 P.M. Company Contact Person Phone Number Fax Number E-mail 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Mandatory Pre -Bid Sign In Sheet Okeechobee City Hall Patio Awning Replacement, PW 01-00-07-19, July 17, 2019, 3:00 P.M. Company Contact Person Phone Number Fax Number E-mail 1 0 endeeS 2 3 4 5 6 7 8 9 10 11 12 13 14 �i 15 �ccl A a - PWD 16 i t[ i I ta�l-h/Iee - Jis+k �►1J1� 17 JCilll- t��Yl�:[tc— �:i� �YCS I,YCl.4'i'lCt'fl: 18 19 20 BIDDER NOTIFICATION FOR OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT PW 01-00-07-19 Company Name E-Mail Address Date Sent Bevis Construction, Inc. mike bevisconstructioninc.com E 7/5/19 Miller Constr. Mgmt. rece tion millerconstructionmana ement.com E 7/5/19 K Builders tlkelchner@yahoo.com E 7/5/19 Neal Long Construction neallong@contractor.net E 7/5/19 Mariner Construction marty@.marmerconstruction.com E 7/5/19 Mark Brandel, Inc mark@.markbrqndel.com E 7/5/19 PBS National Inc. dbowman2@pbsnational.com E 7/5/19 West Construction, Inc. mamorgan@westconstructioninc.net E 7/5/19 Penrod Construction penrodconstraction@Rtnail.com E 7/5/19 Sweat Trucking/Paving sweat@embargmail.com E 7/5/19 R. Mossel Const. Inc. n-nossel@,yMail.com E 7/5/19 KST Construction kstl@comcast.net E 7/5/19 G.M.Worley ginworle3jnc@gmail.com_ E 7/5/19 Ted Starr Construction starrm4249 ahoo.com E 7/5/19 Sinemark Construction ssines@sinemarkconstruction.com E 7/5/19 One Call Property Svcs. brent@onecallprop.com E 7/5/19 Green Design shaun@gdcflorida.com E 7/5/19 Mancil's Tractor Svc. rickj@ mancils.com E 7/5/19 Meticulous Construction meticulousservicesl(a_ nail.com e E 7/5/19 Sunstate Contractors saLes@ sunstatecontractors.com E 7/5/19 E = Emailed Patty Burnette From: Microsoft Outlook To: kstl@comcast.net Sent: Friday, July 05, 2019 8:12 AM Subject: Undeliverable: Okeechobee City Hall Patio Awning Bid ri Office 365 Your message to kstl@comcast.net couldn't be delivered. kstl wasn't found at comcast.net. pburnette Office 365 kstl Action Required Recipient Unknown To address How to Fix It The address may be misspelled or may not exist. Try one or more of the following: • Send the message again following these steps: In Outlook, open this non -delivery report (NDR) and choose Send Again from the Report ribbon. In Outlook on the web, select this NDR, then select the link "To send this message again, click here." Then delete and retype the entire recipient address. If prompted with an Auto -Complete List suggestion don't select it. After typing the complete address, click Send. • Contact the recipient (by phone, for example) to check that the address exists and is correct. • The recipient may have set up email forwarding to an incorrect address. Ask them to check that any forwarding they've set up is working correctly. • Clear the recipient Auto -Complete List in Outlook or Outlook on the web by following the steps in this article: Fix email delivery issues for error code 5.1.1 in Office 365, and then send the message again. Retype the entire recipient address before selecting Send. If the problem continues, forward this message to your email admin. If you're an email admin, refer to the More Info for Email Admins section below. i Was this helpful? Send feedback to Microsoft More Info for Email Admins Status code: 550 5.1.1 This error occurs because the sender sent a message to an email address outside of Office 365, but the address is incorrect or doesn't exist at the destination domain. The error is reported by the recipient domain's email server, but most often it must be fixed by the person who sent the message' If the steps in the How to Fix It section above don't fix the problem, and you're the email admin for the recipient, try one or more of the following: The email address exists and is correct - Confirm that the recipient address exists, is correct, and is accepting messages. Synchronize your directories - If you have a hybrid environment and are using directory synchronization make sure the recipient's email address is synced correctly in both Office 365 and in your on -premises directory. Errant forwarding rule - Check for forwarding rules that aren't behaving as expected. Forwarding can be set up by an admin via mail flow rules or mailbox forwarding address settings, or by the recipient via the Inbox Rules feature. Mail flow settings and MX records are not correct - Misconfigured mail flow or MX record settings can cause this error. Check your Office 365 mail flow settings to make sure your domain and any mail flow connectors are set up correctly. Also, work with your domain registrar to make sure the MX records for your domain are configured correctly. For more information and additional tips to fix this issue, see Fix email delivery issues for error code 550 5.1.1 in Office 365. Original Message Details Created Date: Sender Address: Recipient Address: Subject: Error Details Reported error: 7/5/2019 12:11:39 PM pburnette@cityofokeechobee.com kstl@comcast.net Okeechobee City Hall Patio Awning Bid 550 5.1.1 Not our Customer DSN generated by: CY4PR09MB1496.namprd09.prod.outlook.com Remote server: resimta-po-Olv.sys.comcast.net Message Hops HOP TIME (UTC) FROM TO WITH INVITATION TO BID NO. PW 01-00-07-19 =- OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT a Mandatory Pre -Bid: July 17, 2019, 3:00 PM Opening Date and Time: July 24, 2019, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to replace two existing patio awnings at City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. New awnings to be three inch thick, aluminum clad meeting Florida Approval FL21443-R1 or equivalent. 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, July 24, 2019. All responses received by.the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. A MANDATORY Pre -Bid Meeting will be held on Wednesday, July 17, 2019, at 3:00 PM EST in the Council Chambers, Rm 200, at the address listed above, Bidders MUST attend this meeting in order to submit for this bid. Product specifications are available in the Bid Packets that may be obtained on the City's website, www.cityofokeechobee.com/contracting-opportunities.html, or from the General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM-4:30 PM, except holidays. 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 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT, 7-24-19, 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/GINA VP/DFWP By: Mayor Dowling R. Watford, Jr. on July 5, 2019 Posted: 7/5/19-BJ CITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT No. PW 01-00-07-19 OPENING DATE AND TIME: July 24, 2019 at 3:00 P.M. •0F pY i • ` _i/ Prepared by: David Allen, Public Works Director Dated: July 1, 2019 Y CITY OF OKEECHOBEE CITY COUNCIL Bid No. PW 01-00-07-19 DOWLING R. WATFORD, JR., MAYOR WES ABNEY MONICA CLARK BOB JARRIEL BOBBY KEEFE MARCOS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 01-00-07-19 Invitation to Bid Advertisement Form 1 Section I General Information 2 Section II Scope of Work 3 Section III Submission Requirements Checklist 4 Section IV Bid Documentation 5-7 Section V Bidder's Qualification Questionnaire 8 - 10 S10ection VI Bonding and Insurance Requirements 11 - 15 Section VII Contractual Agreement 16 - 24 Section VIII Performance Bond 25 - 28 Section IX Rejection of Proposals 29 Section X Notice to Proceed 30 Section XI Notice of Award 31 Section XII Miscellaneous 32 - 33 Attachments: A No Lobbying Affidavit 34 B Anti -Collusion Statement and No Gift Statement 35 C Proposer's Certification 36 D Sworn Statement Pursuant to Section 287.133(2)(a), FL § on Public Entity Crimes 37 - 38 E Conflict of Interest Disclosure Form 39 F Immigration Law Certification 40 G Drug -Free Workplace Certification 41 INVITATION TO BID NO. PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Mandatory Pre -Bid: July 17, 2019, 3:00 PM Opening Date and Time: July 24, 2019, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to replace two existing patio awnings at City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. New awnings to be three inch thick, aluminum clad meeting Florida Approval FL21443-R1 or equivalent. 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, July 24, 2019. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. A MANDATORY Pre -Bid Meeting will be held on Wednesday, July 17, 2019, at 3:00 PM EST in the Council Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for this bid. Product specifications are available in the Bid Packets that may be obtained on the City's website, www.cityofokeechobee.com/contracting-opportunities.html, or from the General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM4:30 PM, except holidays. 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 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT, 7-24-19 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 July 5, 2019 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 1 SECTION I PW 01-00-07-19 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 July 24, 2019. Proposal submittals are to be mailed, hand -delivered, and/or Express Mail 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. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 2 SECTION II PW 01-00-07-19 SCOPE OF WORK SCOPE OF WORK The scope of work is to provide construction services needed to remove and replace two approximately 12' X 22' 6" patio awnings at the Okeechobee City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. The replacement awnings shall be 3 inch thick, aluminum clad insulated, prefabricated awnings meeting Florida Approval FL21443-R1 or equivalent. 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 01-00-07-19 Public Works Department 3 SECTION III PW 01-00-07-19 SUBMISSION REQUIREMENTS A. The proposer shall submit: 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), FL 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 01-00-07-19 Public Works Department 4 SECTION IV PW 01-00-07-19 RID 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 PATIO AWNING REPLACEMENT, Proiect No. PW 01-00-07-19. 1 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 sixty (60) calendar days from the date of the Notice to Proceed and thereafter to complete the work within thirty (30) 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 6 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 01-00-07-19 Public Works Department 5 BID UNIT PRICE SCHEDULE PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT Replace existing 12' X 22'6" insulated aluminum awning including beams, posts and all other hardware. Install new 3" thick, 11b foam, .024" thick aluminum awning with integral gutters, Florida Approval FL21443-R1 or equivalent, including all necessary posts, beams, and 1 hardware per manufacturer's EACH 1 specifications. Install new downspouts. All hardware shall be stainless steel. Awning shall be attached to the existing structure to assure a rain tight bond. Contractor shall be responsible for repair of all leaks for a period of five years from the date of final acceptance inspection. Replace existing 12' X 22'6" corrugated metal awning including beams, posts and all other hardware. Install new 3" thick, 1lb foam, .024" thick aluminum awning with integral gutters, Florida Approval FL21443-R1 or equivalent, including all necessary posts, beams, and hardware 2 per manufacturer's specifications. Install EA 1 new downspouts. All hardware shall be stainless steel. Awning shall be attached to the existing structure to assure a rain tight bond. Contractor shall be responsible for repair of all leaks for a period of five years from the date of final acceptance inspection. 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 6 total estimated amount of the contract. The Payment and Performance Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The Contractor in his Bid shall include the cost of said bond. I have attached the required 5 percent (5%) Bid Security to this Bid. Bidder: Date: (Company Name) . M (Signature) (Printed Name) Mailing Address: Office Number: City of Okeechobee Public Works Department Title: Email: Fax Number: Project No. PW 01-00-07-19 SECTION V PW 01-00-07-19 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 01-00-07-19 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 01-00-07-19 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 01-00-07-19 Public Works Department 10 SECTION VI PW 01-00-07-19 BONDING AND INSURANCE REQUIREMENTS :• We 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 01-00-07-19 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, 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 01-00-07-19 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 - (ContractorNendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 13 1--.]111 67Z1�7 KNOW ALL MEN THESE PRESENTS, that we as Principal, and as surety, are firmly bound unto the City Council, City of Okeechobee, Florida, hereinafter called the Owner in the sum of dollars ($ ) 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 PATIO AWNING REPLACEMENT Bid No. PW 01-00-07-19 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 , 2019. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 14 FOR CORPORATE BIDDERS: WITNESS: FOR NON -CORPORATE BIDDERS: WITNESS: By_ Title Surety Typed Name Address By Title Surety By Typed Name Address City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 15 SECTION VII PW 01-00-07-19 AGREEMENT This AGREEMENT is dated as of the day of _ 2019, between the City of Okeechobee (CITY) and (CONTRACTOR). CITY and CONTRACTOR, in covenants hereinafter set forth, agree as follows: in the year consideration of the mutual ARTICLE 1. WORK 1.1 The Work is described as follows: Provide construction services needed to remove and replace two approximately 12' X 22' 6" patio awnings at the Okeechobee City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. The replacement awnings shall be 3 inch thick, aluminum clad insulated, prefabricated awnings meeting Florida Approval FL21443-R1 or equivalent. 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 ninety (90) 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 16 each project within the time stipulated in each project's notice to proceed, or 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 17 completion of the work, including furnishings all materials, equipment, supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 18 of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and CONTRACTOR. Requests for payment and supporting data shall be prepared by the CONTRACTOR and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. 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 01-00-07-19 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 20 walkthrough with CITY ("Initial Walkthrough" a/k/a 1W"). The purpose of the IW is to develop a preliminary checklist ("Checklist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR and CITY during the IW. The IW is to occur within ten (10) days of Substantial Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, CITY may conduct the IW with its Field Inspector. 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 21 CONTRACTOR to address needed areas of corrective work as they may be 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 • Product Specifications, as applicable, thereof. listed in the Table of Contents • 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 01-00-07-19 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 01-00-07-19 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 By: By: Dowling R. Watford, Jr. Mayor Name: Attest: Title: _ Lane Gamiotea, CIVIC, CITY Clerk Attest: Addresses for giving notices: CITY City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 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 01-00-07-19 Public Works Department 24 SECTION Vlll PW 01-00-07-19 PERFORMANCE BOND Project Name: OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Bid No: PW 01-00-07-19 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 , 2019, a copy of which is hereto attached and made a part hereof, date(s) to be filled in by owner. City of Okeechobee Public Works Department Project No. PW 01-00-07-19 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: 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 01-00-07-19 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 , 2019. ATTEST: Principal Secretary Name (Corporate Seal) Witness as to principal Witness as to principal City of Okeechobee Public Works Department Principal By Name Title Address Project No. PW 01-00-07-19 27 ATTEST: Surety Secretary Name (Corporate Seal) Witness as to Surety Surety By Attorney -in -Fact 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 Public Works Department Project No. PW 01-00-07-19 28 SECTION IX PW 01-00-07-19 REJECTION OF PROPOSALS 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. 3`d 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 Pubk'Works vepartrneni Project NO. Pw u1-uu-u7-1y 29 SECTION X PW 01-00-07-19 NOTICE TO PROCEED Date: To: SUBJECT PROJECT: PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT You are hereby notified to proceed with the Work on the Subject Project on or before and to complete the same within calendar days. The completion date for the Work shall be: OWNER: BY: City of Okeechobee 55 S.E. 3rd Avenue David Allen Okeechobee, FL 34974 Public Works Director CONTRACTOR'S ACKNOWLEDGMENT OF RECEIPT OF NOTICE: CONTRACTOR: Name: Date: Address: Signature: Title: City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 30 SECTION XI PW 01-00-07-19 NOTICE OF AWARD Date Name Attention Address Dear The City Council awarded the PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Bid to your Company, at the Meeting in the amount of City Council 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 Public Works Department Project No. PW 01-00-07-19 31 SECTION XII PW 01-00-07-19 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 Public Works Department Project No. PW 01-00-07-19 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 Public Works Department Project No. PW 01-00-07-19 33 ATTACHMENT A PW 01-00-07-19 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF This day of , 2019, 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. City of Okeechobee Public Works Department Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No. Project No. PW 01-00-07-19 34 ATTACHMENT B PW 01-00-07-19 ANTI -COLLUSION STATEMENT AND NO GIFTS STATEMENT Date: Anti -collusion statement: The below -signed Bidder has not divulged to, discussed, or compared his/her Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. No gifts statement: No premiums, rebates, gifts or gratuities are permitted with, prior to, or after submission of the Bid. Any such violation will result in rejection of the Bid and removal from the Bid list(s). Firm Name: By (printed/typed): By (signature): Title: Mailing Address: City, State, Zip: Telephone No.: City of Okeechobee Public Works Department Project No. PW 01-00-07-19 35 ATTACHMENT C PW 01-00-07-19 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 Authorized Signature Name & Title, Typed STATE OF FLORIDA COUNTY OF City, State & Zip Code Telephone Number/Fax Number Email Address The foregoing instrument was acknowledged and subscribed before me this day of 20_, by , who is personally known OR produced as identification. City of Okeechobee Public Works Department Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No. Project No. PW 01-00-07-19 36 ATTACHMENT D PW 01-00-07-19 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. 1 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. 1 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. 1 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. 1 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 01-00-07-19 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. ❑ 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. City of Okeechobee Public Works Department Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No Project No. PW 01-00-07-19 38 ATTACHMENT E PW 01-00-07-19 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. Firm Name: By (Printed): _ By (Signature): Title: Address: Phone Number: City of Okeechobee Public Works Department YES Name(s) Position(s) Project No. PW 01-00-07-19 39 ATTACHMENT F PW 01-00-07-19 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 20by , who is personally known OR produced as identification. City of Okeechobee Public Works Department Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No Project No. PW 01-00-07-19 40 ATTACHMENT G PW 01-00-07-19 DRUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the 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: Company: Address: City of Okeechobee Public Works Department Date: Name: Title: Phone Number: Project No. PW 01-00-07-19 41 Patty Burnette From: Jackie Dunham Sent: Tuesday, July 02, 2019 8:32 AM To: Patty Burnette Subject: General Construction Contractors Attachments: General Construction.xlsx Attached is the list of our vendors under General Construction. I haven't verified yet the information for Miller Construction Management or PBS National as far as the type of license they hold. I sent them both an e-mail but haven't received a response yet. Jackie, Du,n,haMV Ad*nin. &axwe,Secretavy City of 0ke0dVxbe_& 55 SE thud/Avev� Oke,ecRcLv,e/, FL 34974 863 -763 -3372 (Ma -few) 863 -763 -9821 (D(rect) 863 -763 -1686 (Fax) j dunhamQcityofokeechobee. com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. Bidder's List General Construction Company Name Bevis Construction, Inc. (CBC) (Mike Bevis) Miller Construction Mgmt. Inc. K Builders (CBC) (Ted Kelchner) Neal Long Construction (CGC) Marmer Construction (CGC) Mark W. Brandel, Inc. (CGC) PBS National Inc. West Construction, Inc. Address 102 Hallmark Avenue Lake Placid, FL 33852 502 N. Massachusetts Avenue Lakeland, FL 33801 2801 SW 3rd Terrace Okeechobee, FL 34974 11781 Hwy 441 SE Okeechobee, FL 34974 3200 US 27 South Ste 103 Sebring, FL 33870 2525 NE 131st Lane Okeechobee, FL 34972 13155 SE 34th Street Okeechobee, FL 34974 318 South Dixie Hwy, Ste 4-5 Lake Worth, FL 33460 Penrod Construction Company P.O. Box 3166 (CGC) Okeechobee, FL 34973 Sweat Trucking & Paving Inc. James Sweat (CGC) 3157 Hwy 441 N PO Box1908 34973 Okeechobee, FL 34972 Phone Number (863) 465-0053 (863)465-0073 Fax mike bevisconstructioninc.com (863) 688-3060 (863)682-1242 Fax reception@ millerconstructionmanagement.com (863)763-8613 (863)763-9955 Fax tlkelchner@yahoo.com (863) 357-3313 (863)824-2604 Fax neallonR@contractor.net (863) 314-9851 (863) 382-4284 Fax marts@marmerconstruction.com (863) 763-6796 (863) 763-9154 Fax mark@markbrandel.com (863) 467-0222 (863)467-2948 Fax dbowman2@pbsnational.com (561) 588-2027 (561) 582-9419 Fax mamorgan@west constructioninc.net (863) 634-0546 (863)763-8094 Fax penrodconstruction@Vahoo.com (863) 357-3000 (863) 357-5783 Fax,.,,b,,gm,.r sweatst-ruc-k @gn1" it:com R. Mossel Construction Inc. 13632 NW 160th St. (863) 634-7722 (CBC) Okeechobee, FL 34972 (863)763-6060 Fax rmossel@ymail.com Bidder's List General Construction Company Name Address Phone Number KST Construction Inc. (CGC) PO Box 1153 (863) 634-4526 Okeechobee, FL 34973 (863) 467-9208 Fax KST@embargmail.com G. M. Worley Inc. (CGC) 110 NW 5th Street (863) 467-2541 Okeechobee, FL 34972 (863) 467-2238 Fax gmworleyinc@gmail.com Ted Starr Construction (CBC) 648 N.W. 50th Drive 863-697-9713 Okeechobee, FL 34972 starrman49@yahoo.com Lifestyle Exterior Products Inc. 206 Center Rd. 800-616-4741 (Sell products only) Ft. Myers, FL 33907- - 239-274-0056 Fax www.lifestvleexterior.com KSTI(v-cor, 1.rx Sinemark Construction (CBC) 13397 La Mirada Cir. 561-752-7115 Wellington, FL 33414 561-952-4653 Fax ssines@sinemarkconstruction.com Mancil's Tractor Service 4551 SE Hampton Ct. 772-353-1975 CGC1518859 Stuart, FL 34997 rick@mancils.com One Call Property Services, Inc. 7804 SW Ellipse Way 772-324-1146 (Water, Mold, Fire restoration Stuart, FL 34997 772-409-8620 see list for complete services) brent@onecallprop.com Green Design Construction & Dev. 502 NW 2nd Street (CGC) Okeechobee, FL 34972 Meticulous Construction 816 37th St. CBC1261168 West Palm Beach, FL 33407 Sunstate Contractors LLC 2697 SW Domina Rd CBC 1261719 Port St Lucie, FL 34953 sales@sunstatecontractors.com 863-467-1111 772-872-5121 Shaun@gdcflorida.com meticulousservicesIPgmail.com 561-201-2430 561-419-7315 772-224-2793 407-241-8662 Patty Burnette From: Willem <Willem@marmerconstruction.com> Sent: Tuesday, July 16, 2019 10:49 AM To: Kay Matchett Cc: David Allen; Patty Burnette Subject: RE: PWO1-00-07-19 Awning Replacement I appreciate the reply. We'll work with what's there. Willem Badenhorst, Pre -Construction Manager 863-381-8959 cell 863-314-9851 office willem an.marmerconstruction.com 0 6155 I -VI a- m DER CONSTRUCTION 3321 US HWY 27 South Sebring, FL 33870 From: Kay Matchett[mailto:I<matchett@citvofokeechobee.com] Sent: Tuesday, July 16, 2019 8:46 AM To: Willem <Willem@marmerconstruction.com> Cc: David Allen<dallenCc@cityofol<eechobee:com>; Patty Burnette<pburnette@cityofokeechobee.com> Subject: PW01-00-07-19 Awning Replacement Good morning, All specs and dimensions are mentioned in the packet. That are no drawings, blueprints, or plans. Thank you „Ira o �E_ Cho FLORID,A ^ 191; Kay Matchett Administrative Secretary Public Works City of Okeechobee Mailing Address: 55 SE 3'd Avenue, Okeechobee FL 34974 Physical Address: 500 NW 11th Avenue, Okeechobee FL 34972 Phone: (863) 763-3926 ext. 9791 Direct: (863) 763-9791 Patty Burnette From: Willem <Willem@marmerconstruction.com> Sent: Tuesday, July 16, 2019 10:37 AM To: Patty Burnette Cc: David Allen; Kay Matchett Subject: RE: Okeechobee City Hall Awning Bid Thank you! I apologize for not going back to look at the notice. Willem From: Patty Burnette I'm aiIto: pburnette@cityofokeechobee. com] Sent: Tuesday, July 16, 2019 8:35 AM To: Willem <Willem@marmerconstruction.com> Cc: David Allen <dallen@cityofokeechobee.com>; Kay Matchett<I<matchett@cityofokeechobee.com> Subject: RE: Okeechobee City Hall Awning Bid Importance: High Good Morning. apologize that you haven't been contacted yet. I am copying in David Allen who is the Public Works Director. His email address is dallen cityofokeechobee.com. This information is also included on the notice. David please see the email below regarding a question on the City Hall Awning Bid. Thank you PcvH-y M. 3u-rKt ff& Cj, eneraCServices Coordinator City of Okeecho6ee SS Southeast 3rd Avenue Okeechobee, T1 34974 q'el 863-763-3372 Direct: 863-763-9820 1 Tax: 863-763-1686 e-maiC- pburnette@cirmofokeec6obee.com J website: www.ciniofokeecho6ee.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. From: Willem [ma iIto: WiIlem@)marmerconstruction.com] Sent: Tuesday, July 16, 2019 8:01 AM To: Patty Burnette Subject: RE: Okeechobee City Hall Awning Bid Good morning, Would you happen to know if there was any luck with this? I'm sorry to bother you, but don't have David Allen's email address. Thanks, Willem Badenhorst, Pre -Construction Manager 863-381-8959 cell 863-314-9851 office willem at7.marmerconstruction.com �aM. J MARMER COENSTRUCTMN 3321 US HWY 27 South Sebring, FL 33870 From: Patty Burnette [mailto:pburnette@citvofokeechobee.com] Sent: Friday, July 5, 2019 2:01 PM To: Willem <Willem@marmerconstruction.com> Subject: RE: Okeechobee City Hall Awning Bid Good Afternoon. have forwarded your email to our Public Works Director, David Allen. He will be back in the office on Tuesday, July 9th. Thank you. Patty Burnette From: Kay Matchett Sent: Tuesday, July 16, 2019 8:50 AM To: Patty Burnette Subject: RE: PWOl-00-07-19 Awning Replacement No problem, I had asked David and he said there weren't any. ki r Kay Matchett Administrative Secretary Public Works City of Okeechobee Mailing Address: 55 SE 3rd Avenue, Okeechobee FL 34974 Physical Address: 500 NW 11th Avenue, Okeechobee FL 34972 Phone: (863) 763-3926 ext. 9791 Direct: (863) 763-9791 kmatchettPcityofokeechobee.com www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Patty Burnette Sent: Tuesday, July 16, 2019 8:48 AM To: Kay Matchett<kmatchett@cityofokeechobee.com> Cc: David Allen <dallen@cityofokeechobee.com> Subject: RE: PW01-00-07-19 Awning Replacement Thank you Kay for responding back to him. C appreciate it. 4 r Pafty M. 6tu-r0_' ff& GeneraCServices Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Tf- 34974 T'eh 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mad pburnette@cityofokeechobee.com we6site: www.cityofokeechobee.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. From: Kay Matchett Sent: Tuesday, July 16, 2019 8:46 AM To: Willem(�-imarmerconstruction.com Cc: David Allen; Patty Burnette Subject: PW01-00-07-19 Awning Replacement Good morning, All specs and dimensions are mentioned in the packet. That are no drawings, blueprints, or plans. Thank you FLORIDA • Faunded 191 S Kay Matchett Administrative Secretary E Public Works City of Okeechobee Mailing Address: 55 SE 3rd Avenue, Okeechobee FL 34974 Physical Address: 500 NW filth Avenue, Okeechobee FL 34972 Phone: (863) 763-3926 ext. 9791 Direct: (863) 763-9791 kmatchettCcbcityofokeechobee.com www.cityofokeechobee.com NOTICE: Due to Florida's broad public laws, this email may be subject to public disclosure. PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E-MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. Patty M. 13uwv, -tom Cj. eneraC Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, ` L 34974 T'eC' 863-763-3372 Direct: 8 63 -763 -982 0 'Fax: 8 63 -763 -168 6 e-mad b6urnette@citaofokeechobee.com website: www.ciryofokeecho6ee.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. From: Willem [ma iIto: Willemcc-0marmerconstruction.com] Sent: Friday, July 05, 2019 1:47 PM To: Patty Burnette Subject: Okeechobee City Hall Awning Bid Good afternoon, I would like to know if there are any drawings available for the above mentioned project. I understand that construction drawings and engineering are part of the contractors responsibility according to the scope of work, but would like to know if you could share any preliminary or design drawings if they exist. Thank you, Willem Badenhorst, Pre -Construction Manager 863-381-8959 cell 863-314-9851 office willem@marmerconstruction.com NEAR ME R CQNSTRUCTrON 3321 US HWY 27 South Sebring, FL 33870 Patty Burnette From: Patty Burnette Sent: Friday, July 05, 2019 2:02 PM To: David Allen Cc: Kay Matchett(kmatchett@cityofokeechobee.com) Subject: FW: Okeechobee City Hall Awning Bid Please see the email below. I told the gentleman you would get back to him when you returned to the office. Thank you. Va4-fy M. 6&wo ft& Cj. eneraCServices Coordinator City of Okeecho6ee 55 Southeast 3rd Avenue Okeec6o6ee, `FL 34974 T'el: 8 63 -763 -3372 Direct: 863-763 -9820 Eax: 8 63 -763 -168 6 e-mail- pburnette@cituofokeechobee.com website: www.coofokeechobee.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. From: Willem[ma iIto: WiIIem01marmerconstruction.com] Sent: Friday, July 05, 2019 1:47 PM To: Patty Burnette Subject: Okeechobee City Hall Awning Bid Good afternoon, 1 I would like to know if there are any drawings available for the above mentioned project. I understand that construction drawings and engineering are part of the contractors responsibility according to the scope of work, but would like to know if you could share any preliminary or design drawings if they exist. Thank you, Willem Badenhorst, Pre -Construction Manager 863-381-8959 cell 863-314-9851 office willem a).marmerconstruction.com RM.ER CONSTRUCTION 3321 US HWY 27 South Sebring, FL 33870 P fl 3 "Cc rm Pre� b i'd ' Ja I j A-!," - i ci INVITATION TO BID NO. PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Mandatory Pre -Bid: May 23 2019; 3;00 PM Opening Date and Time: June 6, 20-19, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to replace two existing patio awnings at City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. New awnings to be three inch thick, aluminum clad meeting Florida Approval FL21443-R1. o r e qt_, , . Sealed bids must be received within the General Services Department at City Hall, 55 SE 3rd Avenue, Rm 101, �p , Okeechobee, FL 34974, no later than 3:00 PM EST on or before Wednesday, June 6, 2019. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. A MANDATORY Pre -Bid Meeting will be held on Wednesday, May 23, 2019, at 3160 .PM EST in the C cil�''`��' Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for r this bid. �1�. Product specifications are available in the Bid Packets that may be obtained from ._W General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM-4:30 PM, except holidays, or -Patty-Bt��rrette�6��`3�3�--x I-at-pba��tte@citYofokeectsebee-com: �:/�-$�-.-99-you=�#�ndabl� a � �, eit - pr cpt of dee-uments is -re d; made payable -to the-ity of--Okeechobee-(checks & cash only- � } .avaerted). 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. i Submittals must be within a sealed envelooe and contain two (2) clearly identified oriainals and one (1) coov of the bid, with the outside of the enve pe--clearly labeled "BID NO. PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT _6-6-18 U0 PM" with the submitting Company Name, and Return Address. Bids may be mailed, hand delivere /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. EEOIADAIGINANP/DFWP By: Mayor Dowling R. Watford, Jr. n June 6, 2Q19,,11 a r F T CITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT No. PW 01-00-07-19� OPENING DATE AND TIME: June 6, 2019 at 3:00 P.M. LL 'f'1 Prepared by: David Allen, Public Works Director Dated: June 6, 2019 CITY OF OKEECHOBEE CITY COUNCIL Bid No. PW 01-00-07-19 DOWLING R. WATFORD, JR., MAYOR WES ABNEY MONICA CLARK BOB JARRIEL BOBBY KEEFE MARCOS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 01-00-07-19 Invitation to Bid Advertisement Form 1 Section I General Information 2 Section II Scope of Work 3 Section III Submission Requirements Checklist 4 Section IV Bid Documentation 5-7 Section V Bidder's Qualification Questionnaire 8 - 10 S10ection VI Bonding and Insurance Requirements 11 - 15 Section VII Contractual Agreement 16 - 24 Section VIII Performance Bond 25 - 28 Section IX Rejection of Proposals 29 Section X Notice to Proceed 30 Section XI Notice of Award 31 Section XII Miscellaneous 32 - 33 Attachments: A No Lobbying Affidavit 34 B Anti -Collusion Statement and No Gift Statement 35 C Proposer's Certification 36 D Sworn Statement Pursuant to Section 287.133(2)(a), FL § on Public Entity Crimes 37 - 38 E Conflict of Interest Disclosure Form 39 F Immigration Law Certification 40 G Drug -Free Workplace Certification 41 INVITATION TO BID NO. PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Mandatory Pre -Bid: May 23, 2019, 3:00 PM Opening Date and Time: June 6, 2019, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to replace two existing awning PATIO AWNINGs at City Hall located at 55 SE 3,d Avenue, Okeechobee FL 34974. New awnings to be three inch thick, aluminum clad awnings meeting Florida Approval FL21443-R1A of f qu- '4or ,;�, Sealed bids must be received within the General Services Department at City Hall, 55 SE V Avenue, Rm 101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Wednesday, June 6, 2019. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. A MANDATORY Pre -Bid Meeting will be held on Wednesday, May 23, 2019, at 3:00 PM EST in the Council Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for this bid. `"' Product specifications are available in the Bid Packets that may be obtained from the General Service Department at City Hall during normal office hours, Mon -Fri, 8 AM-4:30 PM, except holidays, or by contactin � Patty Burnette, 863-763 3372 x �0 nr ���2 om�il._at �burnette@cityofokeechobee.com A�$25.00 now- a�,C` ridable de osit er set of documents is required, made payable to the City of Okeechobee (checks &cash �Y � 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. c' Submittals must be within a sealed envelope and contain two (2) clearly identified originals and one (1) copy �v` of the bid, with the outside of the envelope clearly labeled "BID NO. PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT, 6-6-18, 3:00 PM" with the submitting Company Name, and �Q r� 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 \� �k Department on or before the closing hour and date for the receipt of bids as noted above. C Q� 1;; 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/GINA/VP/DFWP By: Mayor Dowling R. Watford, Jr. on June 6, 2019 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 1 SECTION I PW 01-00-07-19 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 6, 2019. Proposal submittals are to be mailed, hand -delivered, and/or Express Mail 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. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 2 SECTION II PW 01-00-07-19 SCOPE OF WORK ����i7�►��L�77:1 The scope of work is to provide construction services needed to remove and replace two approximately 12' X 22' 6" patio awnings at the Okeechobee City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. The replacement awnings shall be 3" thick, aluminum clad insulated, prefabricated awnings meeting Florida Approval FL21443-R1. 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 01-00-07-19 Public Works Department 3 SECTION III PW 01-00-07-19 SUBMISSION REQUIREMENTS A. The proposer shall submit: 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), FL 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 01-00-07-19 Public Works Department 4 SECTION IV PW 01-00-07-19 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 PATIO AWNING REPLACEMENT, Project No. PW 01-00-07-19. 1 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. iF. I\ 5. To start work within sixty (60) calendar days from the date of the / Notice to Proceed and thereafter to complete the work within ninQty- (30) 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 6 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 01-00-07-19 Public Works Department 5 BID UNIT PRICE SCHEDULE PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT Replace existing 12' X 22'6" insulated aluminum awning including beams, posts and all other hardware. Install new 3" thick, 11b foam, .024" thick aluminum awning with integral gutters, Florida Approval FL21443-RI, including all necessary posts, beams, and hardware 1 per manufacturers specifications. Install EACH 1 new downspouts. All hardware shall be stainless steel. Awning shall be attached to the existing structure to assure a rain tight bond. Contractor shall be responsible for repair of all leaks for a period of five years from the date of final acceptance inspection. Replace existing 12' X 22'6" corrugated metal awning including beams, posts and all other hardware. Install new 3" thick, 11b foam, .024" thick aluminum awning with integral gutters, Florida Approval FL21443-RI, including all necessary posts, beams, and hardware per manufacturers 2 specifications. Install new downspouts. EA 1 All hardware shall be stainless steel. Awning shall be attached to the existing structure to assure a rain tight bond. Contractor shall be responsible for repair of all leaks for a period of five years from the date of final acceptance inspection. 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 6 continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The Contractor in his Bid shall include the cost of said bond. I have attached the required 5 percent (5%) Bid Security to this Bid. Bidder: Date: (Company Name) By: Title: (Signature) (Printed Name) Mailing Address: Office Number: Email: Fax Number: City of Okeechobee Public Works Department Project No. PW 01-00-07-19 SECTION V PW 01-00-07-19 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 01-00-07-19 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 01-00-07-19 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 01-00-07-19 Public Works Department 10 SECTION VI PW 01-00-07-19 BONDING AND INSURANCE REQUIREMENTS 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 01-00-07-19 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, 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 01-00-07-19 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) - (Contractor/Vendor) 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 $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 13 1-Q17 #161z1�. KNOW ALL MEN THESE PRESENTS, that we as Principal, and as surety, are firmly bound unto the City Council, City of Okeechobee, Florida, hereinafter called the Owner in the sum of dollars ($ amount of being 5 percent (5%) of the attached maximum Bid 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 PATIO AWNING REPLACEMENT Bid No. PW 01-00-07-19 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 2019. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 14 FOR CORPORATE BIDDERS: WITNESS: FOR NON -CORPORATE BIDDERS: WITNESS: By Title Surety By Typed Name Address By Title Surety By Typed Name Address (Principal) (Senl) (Principal) (Seal) City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 15 aW SECTION VII PW 01-00-07-19 AGREEMENT This AGREEMENT is dated as of the day of _ 2017, between the City of Okeechobee (CITY) and (CONTRACTOR). CITY and CONTRACTOR, in covenants hereinafter set forth, agree as follows: in the year consideration of the mutual ARTICLE 1. WORK 1.1 The Work is described as follows: Provide construction services needed to remove and replace two approximately 12' X 22' 6" patio awnings at the Okeechobee City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. The replacement awnings shall be 3" thick, aluminum clad insulated, prefabricated awnings meeting Florida Approval FL21443-R1. 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 i ARTICLE 3. CONTRACT TIME _ 3.1 The Work shall be completed within the mmety (90) 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 16 each project within the time stipulated in each project's notice to proceed, or 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 17 completion of the work, including furnishings all materials, equipment, supplies and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 18 of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and CONTRACTOR. Requests for payment and supporting data shall be prepared by the CONTRACTOR and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. 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 01-00-07-19 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 20 walkthrough with CITY ("Initial Walkthrough" a/k/a "IW"). The purpose of the IW is to develop a preliminary checklist ("Checklist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR and CITY during the IW. The IW is to occur within ten (10) days of Substantial Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, CITY may conduct the IW with its Field Inspector. 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 21 CONTRACTOR to address needed areas of corrective work as they may be 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 • Product 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 01-00-07-19 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 01-00-07-19 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 Dowling R. Watford, Jr. Mayor Attest: Lane Gamiotea, CIVIC, 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 01-00-07-19 Public Works Department 24 SECTION VIII PW 01-00-07-19 PERFORMANCE BOND Project Name: OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Bid No: PW 01-00-07-19 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 2019, 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 01-00-07-19 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 01-00-07-19 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 2019. ATTEST: Principal Secretary Name (Corporate Seal) Witness as to principal Witness as to principal Principal By Name Title Address City of Okeechobee Public Works Department 27 Project No. PW 01-00-07-19 ATTEST: Surety Secretary Name (Corporate Seal) Witness as to Surety Surety By Attorney -in -Fact 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 Public Works Department 28 Project No. PW 01-00-07-19 SECTION IX PW 01-00-07-19 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 ruble wants uepdi Uneni 9 Project No. Nw 01-00-07-19 SECTION X PW 01-00-07-19 NOTICE TO PROCEED Date- To - SUBJECT PROJECT: PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT You are hereby notified to proceed with the Work on the Subject Project on or before and to complete the same within calendar days. The completion date for the Work shall be: OWNER: BY: City of Okeechobee 55 S.E. 3rd Avenue David Allen Okeechobee, FL 34974 Public Works Director CONTRACTOR'S ACKNOWLEDGMENT OF RECEIPT OF NOTICE: CONTRACTOR: Name: Date: Address: Signature: Title: City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 30 SECTION XI PW 01-00-07-19 NOTICE OF AWARD Date Name Attention Address Dear The City Council awarded the PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT 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 Public Works Department 31 Project No. PW 01-00-07-19 SECTION XII PW 01-00-07-19 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 Public Works Department 32 Project No. PW 01-00-07-19 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 Public Works Department 33 Project No. PW 01-00-07-19 ATTACHMENT A PW 01-00-07-19 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF This day of , 20197 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 Public Works Department 34 Project No. PW 01-00-07-19 ATTACHMENT B PW 01-00-07-19 ANTI -COLLUSION STATEMENT AND NO GIFTS STATEMENT Date - Anti -collusion statement: The below -signed Bidder has not divulged to, discussed, or compared his/her Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. No gifts statement: No premiums, rebates, gifts or gratuities are permitted with, prior to, or after submission of the Bid. Any such violation will result in rejection of the Bid and removal from the Bid list(s). Firm Name: By (printed/typed)- By (signature): Title: Mailing Address: City, State, Zip: Telephone No.: City of Okeechobee Public Works Department 35 Project No. PW 01-00-07-19 ATTACHMENT C PW 01-00-07-19 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 01-00-07-19 Public Works Department 36 ATTACHMENT D PW 01-00-07-19 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. 1 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. 1 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. 1 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. 1 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 01-00-07-19 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. I 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 Public Works Department 38 Project No. PW 01-00-07-19 ATTACHMENT E PW 01-00-07-19 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. Firm Name: By (Printed): By (Signature) Title- Address - Phone Number: YES IMV Name(s) Position(s) City of Okeechobee Public Works Department [ems Project No. PW 01-00-07-19 ATTACHMENT F PW 01-00-07-19 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 Public Works Department 40 Project No. PW 01-00-07-19 ATTACHMENT G PW 01-00-07-19 DRUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the 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: Nit.7iTa109[11 ,il:_ I City of Okeechobee Public Works Department 41 Project No. PW 01-00-07-19 CITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT No. PW 01-00-07-19 OPENING DATE AND TIME: July 24, 2019 at 3:00 P.M. Prepared by: David Allen, Public Works Director Dated: July 1, 2019 CITY OF OKEECHOBEE CITY COUNCIL Bid No. PW 01-00-07-19 DOWLING R. WATFORD, JR., MAYOR WES ABNEY MONICA CLARK BOB JARRIEL BOBBY KEEFE MARCOS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 01-00-07-19 Invitation to Bid Advertisement Form 1 Section I General Information 2 Section II Scope of Work 3 Section III Submission Requirements Checklist 4 Section IV Bid Documentation 5-7 Section V Bidder's Qualification Questionnaire 8 - 10 S10ection VI Bonding and Insurance Requirements 11 - 15 Section VI Contractual Agreement 16 - 24 Section VIII Performance Bond 25 - 28 Section IX Rejection of Proposals 29 Section X Notice to Proceed 30 Section XI Notice of Award 31 Section XII Miscellaneous 32 - 33 Attachments: A No Lobbying Affidavit 34 B Anti -Collusion Statement and No Gift Statement 35 C Proposer's Certification 36 D Sworn Statement Pursuant to Section 287.133(2)(a), FL § on Public Entity Crimes 37 - 38 E Conflict of Interest Disclosure Form 39 F Immigration Law Certification 40 G Drug -Free Workplace Certification 41 INVITATION TO BID NO. PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Mandatory Pre -Bid: July 17, 2019, 3:00 PM Opening Date and Time: July 24, 2019, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to replace two existing patio awnings at City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. New awnings to be three inch thick, aluminum clad meeting Florida Approval FL21443-R1 or equivalent. 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, July 24, 2019. All responses received by the deadline will be opened and recorded in the presence of one or more witnesses within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted date and time will not be opened or considered. Facsimile or emailed bids will not be accepted. A MANDATORY Pre -Bid Meeting will be held on Wednesday, July 17, 2019, at 3:00 PM EST in the Council Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for this bid. Product specifications are available in the Bid Packets that may be obtained on the City's website, www.cityofokeechobee.com/contracting-opportunities.html, or from the General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM-4:30 PM, except holidays. 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 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT 7-24-19 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/ADAIGINAIVP/DFWP By: Mayor Dowling R. Watford, Jr. on July 5, 2019 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 1 SECTION I PW 01-00-07-19 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 July 24, 2019. Proposal submittals are to be mailed, hand -delivered, and/or Express Mail 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. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 2 SECTION 11 PW 01-00-07-19 SCOPE OF WORK SCOPE OF WORK The scope of work is to provide construction services needed to remove and replace two approximately 12' X 22' 6" patio awnings at the Okeechobee City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. The replacement awnings shall be 3 inch thick, aluminum clad insulated, prefabricated awnings meeting Florida Approval FL21443-R1 or equivalent. 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 01-00-07-19 Public Works Department 3 SECTION III PW 01-00-07-19 SUBMISSION REQUIREMENTS A. The proposer shall submit: 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), FL 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 01-00-07-19 Public Works Department 4 SECTION IV PW 01-00-07-19 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 PATIO AWNING REPLACEMENT, Project No. PW 01-00-07-19. 1 have also received addendum number through and have included these provisions in my Bid. I have examined both the Bid documents and the construction site and submit the following Bid in which I agree: To hold my Bid open until an agreement has been executed between the City of Okeechobee and accepted Bidder, 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 sixty (60) calendar days from the date of the Notice to Proceed and thereafter to complete the work within thirty (30) 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 6 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 01-00-07-19 Public Works Department 5 BID UNIT PRICE SCHEDULE PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT Replace existing 12' X 22'6" insulated aluminum awning including beams, posts and all other hardware. Install new 3" thick, 11b foam, .024" thick aluminum awning with integral gutters, Florida Approval FL21443-R1 or equivalent, including all necessary posts, beams, and 1 hardware per manufacturer's EACH 1 specifications. Install new downspouts. All hardware shall be stainless steel. Awning shall be attached to the existing structure to assure a rain tight bond. Contractor shall be responsible for repair of all leaks for a period of five years from the date of final acceptance inspection. Replace existing 12' X 22'6" corrugated metal awning including beams, posts and all other hardware. Install new 3" thick, 11b foam, .024" thick aluminum awning with integral gutters, Florida Approval FL21443-RI or equivalent, including all necessary posts, beams, and hardware 2 per manufacturer's specifications. Install EA 1 new downspouts. All hardware shall be stainless steel. Awning shall be attached to the existing structure to assure a rain tight bond. Contractor shall be responsible for repair of all leaks for a period of five years from the date of final acceptance inspection. 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 6 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. have attached the required 5 percent (5%) Bid Security to this Bid. Bidder: (Company Name) In (Signature) (Printed Name) Mailing Address: Office Number: Date: Title: Email: Fax Number: City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 7 SECTION V PW 01-00-07-19 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 01-00-07-19 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 01-00-07-19 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 01-00-07-19 Public Works Department 10 SECTION VI PW 01-00-07-19 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 01-00-07-19 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, 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 01-00-07-19 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) - (Contractor/Vendor) 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 - (ContractorNendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 13 BID BOND KNOW ALL MEN THESE PRESENTS, that we as Principal, and as surety, are firmly bound unto the City Council, City of Okeechobee, Florida, hereinafter called the Owner in the sum of dollars ($ ) 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 PATIO AWNING REPLACEMENT Bid No. PW 01-00-07-19 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 , 2019. City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 14 FOR CORPORATE BIDDERS: WITNESS: FOR NON -CORPORATE BIDDERS: WITNESS: (Principal) (Seal) By Title Surety By Typed Nam Address (Principal) (Seal) By Title Surety By (Seal) Typed Name Address City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 15 SECTION VII PW 01-00-07-19 AGREEMENT This AGREEMENT is dated as of the day of _ 2019, between the City of Okeechobee (CITY) and (CONTRACTOR). CITY and CONTRACTOR, in covenants hereinafter set forth, agree as follows: in the year consideration of the mutual ARTICLE 1. WORK 1.1 The Work is described as follows: Provide construction services needed to remove and replace two approximately 12' X 22' 6" patio awnings at the Okeechobee City Hall located at 55 SE 3rd Avenue, Okeechobee FL 34974. The replacement awnings shall be 3 inch thick, aluminum clad insulated, prefabricated awnings meeting Florida Approval FL21443-R1 or equivalent. 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 ninety (90) 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 16 each project within the time stipulated in each project's notice to proceed, or 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 17 completion of the work, including furnishings all materials, equipment, supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessar 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 18 of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. 5.8 All quantities, for the submittal of payments, shall be measured and tabulated by both the Public Works Director, or representative, and CONTRACTOR. Requests for payment and supporting data shall be prepared by the CONTRACTOR and given to the Public Works Director sufficiently in advance of payment date to permit thorough checking of all quantities. 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 01-00-07-19 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 20 walkthrough with CITY ("Initial Walkthrough" a/k/a "IW"). The purpose of the IW is to develop a preliminary checklist ("Checklist") of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR and CITY during the IW. The IW is to occur within ten (10) days of Substantial Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At its option, CITY may conduct the IW with its Field Inspector. 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 City of Okeechobee Project No. PW 01-00-07-19 Public Works Department 21 CONTRACTOR to address needed areas of corrective work as they may be 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 • Product 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 01-00-07-19 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 01-00-07-19 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 Dowling R. Watford, Jr. Mayor Attest: Lane Gamiotea, CIVIC, 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 01-00-07-19 Public Works Department 24 SECTION VIII PW 01-00-07-19 PERFORMANCE BOND Project Name: OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Bid No: PW 01-00-07-19 Bond N Know all men by these presents that: (Name of Contractor) (Address of Contractor) (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 , 2019, a copy of which is hereto attached and made a part hereof, date(s) to be filled in by owner. City of Okeechobee Public Works Department 2S Project No. PW 01-00-07-19 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 Public Works Department a Project No. PW 01-00-07-19 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 , 2019. ATTEST: Principal By Principal Secretary Name Name Title (Corporate Sea[) Address Witness as to principal Witness as to principal City of Okeechobee Public Works Department 27 Project No. PW 01-00-07-19 ATTEST: Surety Secretary Name (Corporate Seal) Witness as to Surety Surety By Attorney -in -Fact 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 Public Works Department 28 Project No. PW 01-00-07-19 SECTION IX PW 01-00-07-19 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 or Okeechobee rubhc works veparirneni ac Project No. Pw ui-UU-U%-ly SECTION X PW 01-00-07-19 NOTICE TO PROCEED Date: To: SUBJECT PROJECT: PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT You are hereby notified to proceed with the Work on the Subject Project on or before and to complete the same within calendar days. The completion date for the Work shall be: OWNER: City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 FMA David Allen Public Works Director CONTRACTOR'S ACKNOWLEDGMENT OF RECEIPT OF NOTICE: CONTRACTOR: Name: Address: Date: Signature: Title: City of Okeechobee Public Works Department a Project No. PW 01-00-07-19 SECTION XI PW 01-00-07-19 NOTICE OF AWARD Date Name Attention Address Dear The City Council awarded the PW 01-00-07-19 OKEECHOBEE CITY HALL PATIO AWNING REPLACEMENT Bid to your Company, at the Meeting in the amount of City Council 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 Public Works Department 31 Project No. PW 01-00-07-19 SECTION XII PW 01-00-07-19 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 Public Works Department 32 Project No. PW 01-00-07-19 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 Public Works Department 33 Project No. PW 01-00-07-19 ATTACHMENT A PW 01-00-07-19 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF This day of , 2019, 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 Public Works Department 34 Project No. PW 01-00-07-19 ATTACHMENT B PW 01-00-07-19 ANTI -COLLUSION STATEMENT AND NO GIFTS STATEMENT Date: Anti -collusion statement: The below -signed Bidder has not divulged to, discussed, or compared his/her Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. No gifts statement: No premiums, rebates, gifts or gratuities are permitted with, prior to, or after submission of the Bid. Any such violation will result in rejection of the Bid and removal from the Bid list(s). Firm Name: By (printed/typed): By (signature): Title: Mailing Address: City, State, Zip: Telephone No.: City of Okeechobee Public Works Department 35 Project No. PW 01-00-07-19 ATTACHMENT C PW 01-00-07-19 PROPOSER'S CERTIFICATION 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. acknowledge receipt of the following addenda. Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: Addendum # Date: 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. 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. 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 Authorized Signature Name & Title, Typed STATE OF FLORIDA COUNTY OF Mailing Address City, State & Zip Code Telephone Number/Fax Number Email Address The foregoing instrument was acknowledged and subscribed before me this 20 , by , who is personally known as identification. Signature of Notary Public Name of Notary Typed, Printed, or Stamped day of OR produced Commission No. City of Okeechobee Public Works Department 99 Project No. PW 01-00-07-19 ATTACHMENT D PW 01-00-07-19 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. 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. 1 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. 1 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. 1 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. 1 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 01-00-07-19 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). n 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. F1 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. F1 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 I who is personally known OR produced as identification. Signature of Notary Public Name of Notary Typed, Printed, or Stamped Commission No. City of Okeechobee Public Works Department 38 Project No. PW 01-00-07-19 ATTACHMENT E PW 01-00-07-19 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. Firm Name: By (Printed): _ By (Signature): Title: Address: Phone Number: YES Name(s) Position(s) City of Okeechobee Public Works Department 39 Project No. PW 01-00-07-19 ATTACHMENT F PW 01-00-07-19 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. STATE OF FLORIDA COUNTY OF The foregoing 20 , by Company Name Signature Title Date instrument was acknowledged and subscribed before me this who is personally known as identification. Signature of Notary Public Name of Notary Typed, Printed, or Stamped day of OR produced Commission No. City of Okeechobee Public Works Department 40 Project No. PW 01-00-07-19 ATTACHMENT G PW 01-00-07-19 DRUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the 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: Company: Address: Date: Name: Title: Phone Number: City of Okeechobee Public Works Department 41 Project No. PW 01-00-07-19 III5 forvVaf&4 fo Wrcog I f jo b r 'r-) Patty Burnette From: Patty Burnette Sent: Friday, November 02, 2018 2:12 PM To: David Allen (dallen@cityofokeechobee.com) Cc: Kay Matchett(kmatchett@cityofokeechobee.com) Subject: Roof cover for porches at City Hall Attachments: Patio Roof Cover -City Hall.pdf David, Just wanted to get the bid going for the replacement of the roof covers over the porches at City Hall so that maybe after Christmas this would be awarded and ready to be worked on. have attached a copy of the building permit from when the roof cover on the south side was replaced. Also I have included some information on insulated patio covers from an website. I am not sure exactly if this is the product Marcos wants but during budget time he had said he would discuss with you. If you need anything else, please just let me know. Thank you, Patty Pafty M . r3 v-ro vtt& GeneraCServices Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, 'FL 34974 T"e6 863-763-3372 Direct: 863-763-9820 Tax: 863-763-1686 e-mail.• b6urnette@cityofokeecho6ee.com we6site: -www.cituofokeec6o6ee.com I 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. 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Features: Insulated Patio Cover Systems come with... Instructions, all panels, beam, rear extruded and thermally broken C channel, side extruded fascia, front extruded gutter, screws & hardware, lags for panel to beam connection, posts, sealant, drain scuppers, touch up paint, tar tape, and top post brackets and hardware. Hardware to mount the back -wall 'C' channel to be purchased locally. IMPORTANT: Take the time to review the "Product Picture Page" so as to fully understand this product! Available Sizes: Projections from 4' to 20' 1 Widths from 4' to any size! 1. This engineered roof panel system can be configured for almost any lb./sq. ft. snow load rating and up to' In.., h .A Al 2. The size of beam, beam placement, number of posts and distance between posts are all dependant on i we're Online! mt "how to get a quotation" page) How may I help you today? 3. Fascia gutters available white, clay or bronze (not available in all sizes) 4. Roof panels are available in white s. Factory painted columns and beams. 6. Depending on load requirements we have 7 beam sizes available in white, ivory or dark bronze (not available in all sizes). 7. Posts with wall thicknesses of .078" / .125" gauge extruded aluminum available in white, ivory or dark bronze. S. Designed and engineered for loading in your area. 9. Tools You May Need ... click here 10. Don't hesitate to call us toll free with questions 1.800.922.4760 11. You will need to find out your wind and snow load rating from your local building department in order for us to stand behind International Building Code standards 12. Downspouts are not included 2017 TOP ONLY Specials - 3" Thick (TOP ONLY means you will need to supply supporting beam and posts.) Each of the TOP ONLY units below come with: 3" thick roof panels each at 4' wide, rear extruded and thermally broken header, side extruded fascias, front extruded gutter, sealant, tar tape, drain scuppers, all necessary 'internal' hardware and touch up paint. If you want to know how far your panel under load you can refer to the following table... Load Table (pop-up) SIZE (All roof panels are 3" thick) # of Panels C@ 4 ft. wide each 24' Thermally Broken 'C' channel Fxtruded Front Gutter Extruded Side Fascia US$ Credit Card Credit Included Delivery Included NO TAXES 8' Projection x 20' Wide 5 $2085.81 No Handling 10' Projection x 20' Wide 5 $2393.09 No Silly Fees! 10' Projection x 24' Wide 6 $2706.45 V/SA 12' Projection x 20' Wide 5 N/ $2703.79 12' Projection x 24' Wide 6 $3079.49 OR Get a 20' Projection x 20' Wide 5 $4151.17 5% Discount by 20' Projection x 24' Wide 6 $4825.05 paying with a 24' Projection x 20' Wide 5 $4836.75 CASHIER'S CHECK 24' Projection x 24' Wide 6 $5591.24 **Projection = distance away from building / Width = distance along the building 2017 TOP ONLY Specials - 4" Thick (TOP ONLY means you will need to supply supporting beam and posts.) Each of the TOP ONLY units below come with: 4" thick roof panels each at 4' wide, rear extruded and thermally broken header, side extruded fascias, front extruded gutter, sealant, tar tape, drain scuppers, all necessary 'internal' hardware and touch up paint. If you want to know how far your panel under load you can refer to the following table... Load Table (pop-up) SIZE tt of Panels (D I 24' Thermally I Extruded Front I Extruded (All roof panels ft. wide eac-., Broken 'C' channel Gutter Side Fascia US$ - Delivery Included Credit Card I NO TAXES http://www.screen-house.com/insulated_patio_covers.htm 2/5 6/13/2018 Insulated Patio Covers I Do It Yourself Insulated Roofing Systems are 4" thick) No Handling Projection x r e 5 No Silly Fees! 10' Projection x 20' Wide 5 N/ N/ $2572.49 VISA 10' Projection x 24' Wide 6 $2914.39 12' Projection x 20' Wide 5 $2910.49 OR Get a 12' Projection x 24' Wide 6 $3317.39 5% Discount by 20' Projection x 20' Wide 5 N/ N/ $4482.67 paying with a 20' Projection x 24' Wide 6 $5216.35 CASHIER'S CHECK 24' Projection x 20' Wide 5 $5244.95 24' Projection x 24' Wide 6 $6069.64 "Projection = distance away from building / Width = distance along the building 2017 COMPLETE Patio Cover Specials - 3" Thick Each of the FULL PATIO COVER units below come with: 3" thick roof panels, each at 4' wide, (1) 3"x3"x.125" extruded aluminum set -back beam, rear extruded and thermally broken header, side extruded fascia, front extruded gutter, 8' tall 3"x3" x .078"square extruded aluminum posts with top and bottom brackets, 4" lags for panel to beam connection, sealant, tar tape, drain scuppers, all necessary hardware and touch up paint. If you want to know how far your panel under load you can refer to the following table... Load Table (pop-up) SIZE (All roof panels are 3" thick) Set Back Beam `S" x 3" x .125" Live Load Rating ;al 90mph winds Beam Placement (out from wall) V! a xi i n u rn distance between posts (Ibs./sq. ft. rating) Us Credit Card Delivery Included {) 30 8' Proj. x 20' Wide (3) x 8' (1) x 20' Meets 30psf 7' 8'6" 77' $2534.44 10' Proj. x 20' Wide (3) x 8' (1) x 20' Meets 20psf 9' 8' n/a $2848.22 10' Proj. x 24' Wide (4) x 8' (1) x 24' Meets 30psf 9' 8' 7' $3232.63 12' Proj. x 20' Wide (3) x 8' (1) x 20' Meets 20psf 11' 77' n/a $3165.42 12' Proj. x 24' Wide (4) x 8' (1) x 24' Meets 30psf 11' 77' 67' $3612.23 20' Proj. x 20' Wide (6) x 8' (2) x 20' Meets 20psf 9'6" & 19' 8' n/a $5061.43 20' Proj. x 24' Wide (8) x 8' (2) x 24' Meets 30psf 9'6" & 19' 8' 7' $5890.53 24' Proj. x 20' Wide (6) x 8' (2) x 20' Meets 20psf 11' & 22' 77' n/a $5747.01 Proj. x 24' Wide (8) x 8' (2) x 24' Meets 30psf 11' & 22' 7'7" 6'7" $6656.72 /24' Y'SA• OR Get a 5% Discount by sending a CASHIER'S CHECK ) Delivery Included, NO TAXES, No Handling, No Silly Fees! "Projection = distance away from building / Width = distance along the building 2017 COMPLETE Patio Cover Specials - 4" Thick Each of the FULL PATIO COVER units below come with: 4" thick roof panels. (5) panels each at 4' wide, (1) x 20' long 3"x3" x .125"extruded aluminum beam, rear extruded and thermally broken header, side extruded fascia, front extruded gutter, (4) x 8' tall 3"x3" x .125" square extruded aluminum posts with top & bottom brackets, 5" lags for panel to beam connection, sealant, tar tape, drain scuppers, all necessary hardware and touch up paint. Bean Maximum distance SIZE (AII roof panels ? of Posts Beam - Live Load Rating, Placernent between posts (Based on Ibs %sq. ft..) US$ - Credit. Card are 4" thick) 3" x 3" x .125" � 90mpn winds (out from Delivery Included wall) 20 3(1 40 50 8' Projection x 20' Wide (4) x 8' (1) x 20ft. Meets 20, 30, 40 & 7' 8'6" 7'S" 6'8" 6'3" $3953.54 (20i5 pricing) (Quote # 173756) 50 Ibs./sq. ft. $2789 79 10' Projection x 20' Wide (4) x 8' (1) x 20ft. Meets 20, 30, 40 & 9 8' 7' 6'4" 5'10" $3458.18 (2015 pricing) (Quote #173759) 50 Ibs./sq. ft. $3155.27 12' Projection x 20' Wide (4) x 8' (1) x 20ft. Meets 20, 30 & 11' 77' 6'7" 6' n/a $3853�& (2015 pricing) (Quote #173760) 40lbs./sq. ft. $3512.00 14' Projection x 20' Wide (4) x 8' (1) x 20ft. Meets 20 & 13 72' 6'3" n/a n/a $4304.20 (2015 pricing) (Quote #173762) 301bs./sq. ft. $3919.27 VISA AW, OR Get a 5% Discount by sending a CASHIER'S CHECK) Delivery Included, NO TAXES, No Handling, No Silly Fees! http://www.screen-house.com/insulated_patio_covers.htm 3/5 6/13/2018 Insulated Patio Covers I Do It Yourself Insulated Roofing Systems "Projection = distance away from building / Width = distance along the building Our units are pre-engineered systems that have been approved by qualified, state approved engineers in 45 States. Our systems are rated according to 2011 International Building Codes. Snow drifting and wind uplift have not been considered in the wall attached units. If local specifications require such engineering, these standards can be met at an additional cost. Current approved standards assume an importance factor equal to 1 & wind exposure equal to "B". If you require documentation and registered engineering stamps we will submit your request with your quotation. We cannot talk to engineers about such items prior to knowing what it is you require. Note: 3" Roof thickness simply references the thickness of the panel How to read the table: For example... a 3" thick roof will sustain up to 80lbs/sq.ft. when supported 6' away from the wall Maximum Panel Simple Span Load lab 3" Roof Thickness 4" Roof Thickness 6' 80 lbs./sq. ft. over - 80 lbs./sq, ft. over - 80 lbs./sq. ft. 8' 50 lbs./sq. ft. 70 lbs./sq. ft. over - 80 lbs./sq. ft 10, 30 lbs./sq. ft. 50 lbs./sq. ft. 70 lbs./sq. ft. 12' 20 lbs./sq. ft. 35 lbs./sq. ft. 50 lbs./sq. ft. 14' 10 lbs./sq. ft. 25 lbs./sq. ft. 35 lbs./sq. ft. 16' n/a 15 lbs./sq. ft. 25 lbs./sq. ft. Remember - - All pricing includes delivery to your home and prices are in US Dollars 0 for delivery to addresses within the US*. Click through the side navigation buttons or click on pictures and other links throughout the site to view our easy to navigate online catalog and photo gallery. You'll see how easy it is to install these sturdy and attractive quality do it yourself kits, and what a great addition they would make to your home. Full Information & Pricing on all products throughout this WEB Site. Enhance your lifestyle with a Do -It -Yourself Kit. **Please check with your permit office before purchasing a building kit. Obtaining necessary permits is the sole responsibility of the purchaser. Customers agree to hold ScreenHouses Unlimited and the manufacturer free of any liability for improper installation, maintenance and repair. Other related items our customers have purchased... �14t� milly SCREENED ENCLOSURES SUNROOMS SHED KITS SCREEN WALL KITS DOOR CANOPIES LIP FRAME WINDOWS PATIO COVER KITS WINDOW AWNINGS PATIO AWNINGS Welcome to ScreenHouses Unlimited! For Information or to order CALL (800) 922-4760 O Email us anytime! Got Questions? We provide personal service and advice on your selection. Please call us toll free 1.800.922.4760 or e-mail or with your questions on any of our products, deck size, clearance, installation advice and tips. Fax: (855) 922-4494 1+1 Canadian residents click here for pricing and product availability *In case of discrepancy or dispute, the WEB site is taken as correct. Note: Most of our products are custom made and are not returnable d Delivery Included!* We are open... V No Handling Fees V No other charges Mon. to Fri.: 9 to 6 EST (*Remote areas subject Saturday & Sunday - Closed to a surcharge) *Click for details CCR -Registered for US Department of Defense I Dun &Bradstreet -Duns # 250507720 /NATO - NCAGE # L1571 I VISA - OR 5% Discount for Cashier's Check BBB Rating: A+ Click for Review This Site developed & maintained by: Patio Concepts Inc. Please send all comments from our email page... I Copyright © 1997-2017 Patio Concepts Inc. All rights reserved. http://www.screen-house.com/insulated_patio_Covers.htm 4/5 RECEIVED OCT 2 0 %nn TO SCHEDULE INSPECTIONS FLORIDA UNIFORM Power Co. Permit No. { 7 �. I CALL INDEPENDENT FPL ax folio No./Parcel ID No. 1�-}",� 35 Cora -vi7ro (708O INSPECTIONS, LTD. AT PERMIT APPLICATION PE 1-800-422-5220 '/ MUNICIPALITY: %I C)iC Xi y hC ROJECT LOr' -- CATION R��'Aaa.e..l _ C PROJECT DESCRIPTION ommercial SFR Multi -Family Addition Alteration Ne OW RS NAME, qqD E S, CITY, STATE AND ZIP TELEPHONE NO, FEE SIMPLE ITLEHOLDER'S NAME, ADDRESS, CITY, STATE AND ZIP (IF DIFFERENT FROM OWNER) TELEPHONE NO. CONTRACTOR'S LIC. NO. TYPE NAME ADDRESS, CITY, STATE AND ZIP TELEPHONE / FAX NO. PI—bing / I% I (ec t , 3' Gas Electncal HVAC E-MAIL CONTACT: PROJECT INFORMATION: AREA: Sr ELEC. SERVICE: HVAC: WATER: REMARKS: CODE IN EFFECT Conditioned S.F. PHASE G or EL WELL CONSTRUCTION TYPE Garage i S.F. SIZE SEWER N. NUMBER OF FLOORS Other / S.F. AMPS. PRI . LEGAL DESCRIPTION OTAL S.F. OH/UG I MUN. IrAsmm,PROPANE ZONING USE EST.COST �� r!ILe"e� f� i� Pubs IUC BONDfNGCOMPANY NAME, ADDRESS, CRY, STATE AND ZIP TELEPHONENO. ARCHITECT I ENGINEER NAME, ADDRESS. CITY, STATE AND ZIP TELEPHONE NO. MORTGAGE LENDER's NAME, ADDRESS, CITY, STATE AND ZIP TELEPHONE NO. Application is hereby made to obtain a permit to do work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a building permit. I understand that a separate permit must be secured (as applicable) for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS & AIR CONDITIONERS, etc. The applicant agrees to comply with the Municipal Ordinances and with the conditions of this permit, failure to comply may result in suspension or revocation of this permit or other penalty. Applicant understands that the issuance of the permit created no legal liability, express or implied, of the Department, Municipality, Agency or Inspector. [lave PermitJapplication number and address when requesting Inspections. Call 1-800-422-5220. Give at least 24 hours notice on all inspections. OWNER'S AFFIDAVIT:I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning in this jurisdiction. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. STATE OF FLORIDA COUNTY OF (Signature of Owner or Agent) Sworn to (or affirmed) and subscribed before me this day of, by (name of person making statement) Personally Known —or Produced Identification (Signature of Notary Public -State of Florida Type of Identification Produced — (Print,T e or Stamp ommissioned Name of Notary Public STATE OF FLORIDA '� " I COUNTY OF �7 /C t C-IC-d b -e- C�, (Sign re of C ntractor) �% c q /C d ubscribed before me this day of, ; ,}_Cla y Sworn to (or affirm=oduced (n of person making statement) Personally Known Identification (Signature�130tna y PLO - I� b(j 03 MYE)(PIRE�tS::,Maayy Type of Identification Produced *� , * 11�4,, �200112ce� (Print Type' 'p C� Tb71'et]'r7arne of Notary PubliC (Certificate of Competency Holder) Contractors State Certification or Registration No. Contractor's Certifi ation of Competen/5y No. _ /� APPLICATION APPROVED BY Date -�� f) !J Permit Officer alm- t�4-y White - Municipal Files Yellow - Applicant's copy OO Pink- Clerk/Assessor EAST NORTH PARK STREET a o 0, no PLOT PLAN CITY OF OKEECHOBEE PARCEL NUMBER 3-15-31-35-0010-01110-0080 7'- 20,-0" CITY OF OKEECHOBEE MUNICIPAL OFFICE p1 .2 -Q: PROPOSED 7WITH REPLACE EXISTING PATIO COVER A NEW 12' X 23' ALUMINUM POLY -CORE PATIO COVER Daia DRAWING BY: KEITH SINCLAIR 3554 NW 165th COURT OKEECHOBEE, FL 349I2 PHONE: (863) 634-8812 20'-0 FIRE STATION WAREHOUSE cli ELEVATION VIEW s _ OF DRAtUINCs SY: KEITH SINCLAIR 3554 W l"th COURT , OIZEECI�OB�, FL- 349�2 F'WONE:• ' (863) 634�8812: 55 SE 3RD AVENUE : OKEEO.O EE, FL. 34914 ' 3" ELITE (R)- POLE -CORE RG70F PANELS 2" x 1" ALUM. BEAR,' EXISTIW6 ALUf'.,;4ANDRAIL.' . a s a < exlstfna concrete slab a s a Florida Building Code Online BC15 Home Log In I User Registration Hot Topics Submit Surcharge Stats & Facts Publications Contact Us BCIS Site Map 1 Links Search Florida Product Approval yi I I USER: Public User Product Approval Menu > Product or Application Search > Application List > Application Detail FL # FL21443-R1 Application Type Revision Code Version 2017 Application Status Approved Comments Archived Product Manufacturer Structall Building Systems, Inc. Address/Phone/Email 350 Burbank Rd. Oldsmar, FL 34677 (813)855-2627 info@structall.com Authorized Signature Kenny Matuza info@structall.com Technical Representative Ken Clay Address/Phone/Email 350 Burbank Road Oldsmar, FL 34677-4906 (800) 969-3706 kclay@structall.com Quality Assurance Representative Ken Clay Address/Phone/Email 350 Burbank Road Oldsmar, FL 34677 (800) 969-3706 kclay@structall.com Category Roofing Subcategory Products Introduced as a Result of New Technology Compliance Method Evaluation Report from a Florida Registered Architect or a Licensed Florida Professional Engineer Evaluation Report - Hardcopy Received Florida Engineer or Architect Name who developed the Do Kim Evaluation Report Florida License PE-49497 Quality Assurance Entity TI RADCO LLP dba RADCO A Twining Company Quality Assurance Contract Expiration Date 12/31/2022 Validated By James L. Buckner, P.E. @ CBUCK Engineering Validation Checklist - Hardcopy Received Certificate of Independence Referenced Standard and Year (of Standard) Equivalence of Product Standards Certified By Sections from the Code FL21443 RI COI certificate of independence.pdf 1708.2 https://www.floridabuilding.org/prlpr_app_dtl.aspx?param=wGEVXQwtDgtgHSolOoKvoRq%2fyMx%2fmWQaFNu%2b5sh9blREXUKKYyKtyQ%3d%3d 1/2 6/18/2019 Florida Building Code Online Product Approval Method Method 2 Option B Date Submitted 09/28/2017 Date Validated 10/02/2017 Date Pending FBC Approval 10/08/2017 Date Approved 12/12/2017 Summary of Products FL # Model, Number or Name Description 21443.1 Snap-N-Lock Composite Panel 3"xO.024"xllb EPS Composite Panel Limits of Use Approved for use in HVHZ: Yes Approved for use outside HVHZ: Yes Installation Instructions FL21443 R1 II 2017 FBC Structall 3in-024-1LBS panel Installation DWG.pdf Impact Resistant: No Design Pressure: +88.69/-88.69 Verified By: PRI Construction Materials Technologies, LLC Created by Independent Third Party: Yes Other: In HVHZ, product shall be used in structures meeting Evaluation Reports the requirements of FBC Section 1626.1, unless impact FL21443 Rl AE Structall 024-030 Evaluation Report-2017 Mr.Rd-f protection is provided. See installation drawing for design pressures and spans. Created by Independent Third Party: Yes 21443.2 Snap-N-Lock Composite Panel 3"x0.030"x1lb EPS Composite Panel Limits of Use Installation Instructions Approved for use in HVHZ: Yes FL21443 R1 II 2017 FBC Structall 3in-030-1LBS panel Installation DWG.pdf Approved for use outside HVHZ: Yes Impact Resistant: No Verified By: PRI Construction Materials Technologies, LLC Design Pressure: +88.69/-88.69 Created by Independent Third Party: Yes Other: In HVHZ, product shall be used in structures meeting the requirements of FBC Section 1626.1, unless impact Evaluation Reports FL21443 R1 AE Structall 024-030 Evaluation Report-2017 FBC.pdf protection is provided. See installation drawing for design pressures and spans. Created by Independent Third Party: Yes Contact Us :: 2601 Blair Stone Road, Tallahassee FL 32399 Phone: 850-487-1824 The State of Florida is an AA/EEO employer. Copyright 2007-2013 State of Florida.:: Privacy Statement :: Accessibility Statement :: Refund Statement Under Florida law, email 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 entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. To determine if you are a licensee under Chapter 455, F.S., please click here . 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D D T- M L' � m r� �e —� m £om rm>. m zA Xx £ m � ti y S:UM A69 to v mC OX X h 3 m m 2 C7 l7 D O C7A ; ZEl 0 -01 3 ` �: Ll '� ZV) Drr X :O z co z m=D C LILI A_ Z �Z.7 A x £ Z mil £.-O NO pro om 13 Zr r A o mo3 t <r p A tJ M D tm Z f7 X C] M M z '1 70 m r., 3 O O G C7 x m w o - A N t 3 m d v 3 N v N F d G lA > N T m A� a N ,_ ��o m m M D Structall Building Systems D D D D a D am�o�o. GJ 7c �v �' m7Z d m� Z ❑ �� �' � o v v 350 Burbank Road - _ m m a d s c �° M<_ -t Oldsmar, FL. 34677 �� ° M I L e M Z ^, a o d g # m mo m .. A m v m O (7 C7 m N Z z ov y mix Z D N 3 o g r o� o m ' m o D v v 3"x0.024"xl LB EPS FOAM CORE o � W o M C r m 0 N� O �D m_ w < < o' mrnw fTl T rn » d CL m A v yJ _"" COMPOSITE ALUMINUM SKIN PANELS p o W A-— N N " 'ER Z FLORIDA STATEWIDE PRODUCT APPROVAL Lo D DO Kim & ABSOCIATES, LLD CONSULTING STRUCTURAL ENGINEERS Florida Board of Engineers Certificate of Authorization No. 26887 Product Evaluation Report Date: September 26, 2017 Report No.: FL# 21443-R1 Product Category: Roofing Product sub -category: Products Introduced as a Result of New Technology Product Name: Snap-N-Lock 3" Thick EPS Foam Core w/ Aluminum Skin Composite Panels Manufacturer: Structall Building Systems, Inc. 350 Burbank Rd. Oldsmar, FL 34677 Phone: 813-855-2627 Scope: This product evaluation report issued by Do Kim & Associates, LLC and Do Kim, P.E. for Structall Building Systems, Inc. (Structall) is based on Florida Department of Business and Professional Regulation Rule 61 G20-3, Method (2) (b) of the State of Florida Product Approval. Re-evaluation of this product shall be required following pertinent Florida Building Code modifications or updates. Do Kim & Associates, LLC and Do Kim, P.E. do not have nor will acquire financial interest in the company manufacturing or distributing the product or in any other entity involved in the approval process of the product named herein. This product has been evaluated for use in locations adhering to the Florida Building Code, 6"' Edition (FBC) and where pressure and deflection requirements, as determined by Chapter 16 of the Florida Building Code, do not exceed the design pressures as shown on the approval. W. 49497 O .• ��: STATE OF Co This item has been electronically signed and sealed Do Kim, P.E. by Do Y. Kim, PE on this date using a Digital FL #49497 Signature. Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies. 2017.09.29 09:33:43-04'00' P.O. Box 10039 813.857-9955 Tampa, FL 33679 dk@dokimengineering.net Sheet 1 of 3 DO Kim & ASSOCIATES, LLC CONSULTING STRUCTURAL ENGINEERS Supporting Documents 1. Code Compliance a. The product assembly described herein has demonstrated compliance with the Florida Building Code Oh Edition (FBC), Section 1708.2. 2. Drawings: a. Drawing No. 161027 titled "3"x0.024"xl LB EPS Foam Core Composite Aluminum Skin Panels, Florida Statewide Product Approval", Sheets 1 & 2, prepared by Do Kim & Associates, LLC., signed and sealed by Do Kim, P.E. b. Drawing No. 161027 titled "3"x0.030"xl LB EPS Foam Core Composite Aluminum Skin Panels, Florida Statewide Product Approval", Sheets 1 & 2, prepared by Do Kim & Associates, LLC., signed and sealed by Do Kim, P.E. 3. Testing a. Testing per ASTM E72-05/ASTM E330-02 as performed by PRI Construction Materials Technologies LLC (PRI), and reported in test report numbers STRL-002-03-01, STRL- 002-03-02, STRL-004-03-01, STRL-005-03-01, STRL-005-03-02, and STRL-006-03-01. b. Testing per ASTM E-84 per test reports 15328-97939 by Omega Point Laboratories for 3" aluminum skin composite panel with Smoke Developed Index = 170 and Flame Spread Index = 5. 4. Calculations a. Panel performance engineering analysis for tested loading conditions have been prepared based on comparative and/or rational analysis, prepared, and submitted by Do Kim, P.E. 5. Other a. Quality Assurance Agreement verified with TI RADCO LLP dba RADCO A Twining Company (FBC Organization #QUA1990). P.O. Box 10039 813.857-9955 Tampa, FL 33679 dk@dokimengineering.net Sheet 2 of 3 DO Kim & ASSOCIATES, LLC CONSULTING STRUCTURAL ENGINEERS Limitations and Condition of Use 1. Code Compliance a. The product assembly described herein has demonstrated compliance with the Florida Building Code 6`h Edition (FBC), Section 1708.2. 2. Large and small missile impact resistance has NOT been tested to or evaluated for in this approval. In HVHZ, this product shall be used in structures meeting the requirements of Section 1626.1, unless impact resistance in accordance to the HVHZ requirements are met. 3. Each product listed above shall be installed in strict compliance with its respective Product Evaluation Document and site specific engineering along with all components noted herein. 4. Use of each product shall be in strict accordance with its Product Approval Evaluation and Limitations of Use. 5. Composite panels shall be constructed using type 3105-H154 aluminum facings, 1 PCF ASTM C-578 Imperial Foam & Insulation Manufacturing brand EPS adhere to aluminum facings with Morad M640 Series adhesive (by Rohm and Haas Company). Fabrication of Structall panel products shall be only in accordance with approved fabrication methods. 6. Flame spread (5) and smoke density rating (170) are in accordance to FBC Section 2603.3. 7. This specification has been designed and shall be fabricated in accordance with the requirements of the FBC, composite panels comply with Chapter 7 Section 720, Chapter 8 Section 803, Class A interior finish, and Chapter 26 Section 2603. All local building code amendments shall be adhered to as required. 8. The designer shall detennine by accepted engineering practice the allowable loads for site specific load conditions (including load combinations) using the data from the allowable loads tables and spans in this approval. 9. Deflection limits and allowable spans have been listed to meet FBC including the HVHZ (L/80 for spans < 12'-0" and L/180 for spans > 12'-0"). 10. All supporting host structures shall be designed to resist all superimposed loads. 11. All components which are permanently installed shall be protected against corrosion, contamination, and other such damage. 12. Size and Span Limitations: a. Composite panels shall be limited to those specific panels listed in the DWG. No. 161027. b. Panel spans shall not exceed those listed in the tables of DWG. No. 161027, unless otherwise allowed by a licensed design professional for site specific conditions. P.O. Box 10039 813.857-9955 Tampa, FL 33679 dk@dokimengineering.net dokimengineering.net Sheet 3 of 3