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Bid DocumentsCITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING No. PW 04-00-09-20 OPENING DATE AND TIME: SEPTEMBER 28, 2020 AT 3:00 P.M. Prepared by David Allen, Public Works Director Dated: August 24, 2020 CITY OF OKEECHOBEE CITY COUNCIL Bid No. PW 04-00-09-20 OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING DOWLING R. WATFORD, JR., MAYOR WES ABNEY MONICA CLARK BOB JARRIEL BOBBY KEEFE MARCOS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 04-00-09-20 Invitation to Bid Advertisement Form 1 Section I General Information 2 Section II Submission Requirements 3 Section III Bid Documentation 4 Section IV Minimum Qualification for Bidders 5 Section V Bonding and Insurance Requirements 6-9 Section VI Rejection of Bid 10 Section VI Agreement for Services 11-22 Section VIII Miscellaneous 23-24 Attachments: A No Lobbying Affidavit 25 B Anti -Collusion Statement and No Gift Statement 26 C Proposer's Certification 27 D Sworn Statement Pursuant to Section 287.133(3)(a), FL § on Public Entity Crimes 28-29 E Conflict of Interest Disclosure Form 30 F Immigration Law Certification 31 G Drug -Free Workplace Certification 32 H Reference Form 33 INVITATION TO BID NO. PW 04-00-09-20 OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING Opening Date and Time: September 28, 2020, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids for painting the Okeechobee City Hall, Fire Department, and Records Retention buildings located at 55 SE 3rd Avenue, Okeechobee FL 34974. Sealed bids must be received within the General Services Department at City Hall, 55 SE 3rd Avenue, Rm 101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Monday, September 28, 2020. 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. 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, or by contacting Patty Burnette, 863-763-3372 x 9820, or via email at pburnette@cityofokeechobee.com. Questions concerning the scope of work are to be directed to Public Works Director David Allen, 863-763-9790, or dallen(d,cityofokeechobee.com NOTE: Bonding Requirements Apply to this Bid Opportunity. Bid 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 04-00-09- 20 OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING, 9-28-20, 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. City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 1 SECTION I PW 04-00-09-20 GENERAL INFORMATION All responses which comply with the requirements of this Bid will be considered. Submittals must be made in the official name of the Firm or Individual under which business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the person, Partnership, Company, or Corporation submitting the response to this Bid. Two clearly identified originals and one copy of your bid submittal are required. Bid submittals will be received by the General Services Department until 3:00 p.m. on September 28, 2020. Bid submittals are to be mailed, hand -delivered, and/or Express Mail to: City of Okeechobee General Services Department 55 S.E. 3`d Avenue, Room 101 Okeechobee, FL 34974 The submitting offeror is required to have printed on the sealed envelope or wrapping containing their submission their Company name and return address, the Bid Number, Title, Opening Date and Time. Bids received after the date and time specified above shall be returned to the sender unopened. Facsimile or emailed bids will not be accepted. All bids shall remain in effect for a period of ninety (90) days after the last day on which bids must be submitted. City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 2 SECTION II PW 04-00-09-20 SUBMISSION REQUIREMENTS The bidder shall submit two (2) original clearly identified originals and one copy of the following: 1. Bid Documentation Form (Section III) 2. Minimum Qualifications for Bidders Form (Section IV) and three (3) references (Attachment H) 3. Bid Bond 4. Bid Unit Price Schedule (Section VII, Exhibit B) 5. Elastomeric Coating Product Technical Data/Specification sheet for the proposed product to be used for the project. In addition to the above, please complete the following forms that must be returned with your bid: Attachment A — No Lobbying Affidavit Attachment B — Anti Collusion Statement and No Gifts Statement Attachment C — Proposer's Certification Attachment D — Sworn Statement Pursuant to Section 287.133(3)(a), FL Statutes on Public Entity Crimes Attachment E — Conflict of Interest Disclosure Attachment F — Immigration Law Certification Attachment G — Drug Free Workplace Certification City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 3 SECTION III PW 04-00-09-20 BID DOCUMENTATION City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 (BIDDER'S COMPANY NAME) I have received the documents titled OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING, Project No. PW 04-00-09-20. 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, or until ninety (90) days after Bids are opened, whichever is longer. 2. Regarding the Disposition of Bid Security: to accept the provisions of the Instructions to the Bidders. 3. To accomplish the work included in, and in accordance with the Contract Documents, if this Bid is accepted. 4. To start work within 30 days following the date of the Notice to Proceed. And complete the work within 30 days of start of work. 5. Payment will be made upon invoice within thirty (30) days and final inspection and approval of the work by the City's Public Works Director. NOTE: The City shall not be liable to pay interest on any unpaid balance. Vendor is solely responsible for all taxes, withholding, or social security obligations. 6. Regarding the Award of the Contract: if I am awarded a contract for this project, I understand that the award may be for all or any portion thereof, of the items listed under the Bid Unit Price Schedule. Bidder: Date: (Company Name) By: Title: (Signature) Email: (Printed Name) Mailing Address: Office Number: Fax Number: City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 4 SECTION IV PW 04-00-09-20 MINIMUM QUALIFICATIONS FOR BIDDERS Minimum Qualifications: 1.0 Experience 1.1 Bidder must have at least 3 years of experience in providing painting services to either commercial or governmental entities. 2.0 References 2.1 Bidder must provide at least 3 verifiable references of similar prior painting projects including multi story, stucco structures. 2.2 For references, Bidder shall provide the client name, client phone number, and client e-mail address. 2.3 Bidder shall provide a written description of the services performed in sufficient detail as they directly relate to the work of this Request for Bid. The description shall include the dates of the period that the Bidder provided the services as well as the contractual amount of the services provided. 2.4 The City shall have, in its sole discretion, may reject any and all bids if it is not able to verify the references provided. 3.0 Bidder certifies that 3.1 Bidder has been in business for at least 3 years or more 3.2 Bidder has successfully completed at least 12 commercial or governmental painting projects within the last three years. 3.3 Bidder has never failed to complete work awarded under a contract due to circumstances that were inside the control of the contractor. Bidder: (Company Name) (Signature) (Printed Name) Mailing Address: Office Number: Date: Title: Email: Fax Number: City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 5 SECTION V PW 04-00-09-20 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. 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 [CONTRACTOR], its officers, agents or employees in performance or non-performance of its obligations under the Agreement. [CONTRACTOR] recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City 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. City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 6 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 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 04-00-09-20 Public Works Department 7 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and , as Surety, are held and firmly bound unto the City of Okeechobee (the "City"), in the penal sum of $ lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE submitted the accompanying the Contract Documents: Contract Title: Contract Number: NOW, THEREFORE, 1. If the Principal, OBLIGATION IS SUCH, that whereas the Principal has bid, dated 20 , for a. Within seven (7) business days after the date of the Notice of Apparent Low Bidder, provides a Statutory Payment Bond and a Common Law Performance Bond as specified in the General Terms & Conditions or, in lieu of the Statutory Payment Bond or Common Law Performance Bond, provides an alternate form of security as specified in the Contract Documents; and provides the insurance certificate required under the Contract Documents, completed by a lawfully authorized insurance agent; and b. Within seven (7) business days of receipt of the Contract Documents, enters into a written contract with the City, in accordance with the Bid, as accepted, then the above obligations of the Principal and Surety shall be null and void. 2. However, should the Principal fail to fully comply with the conditions of paragraph 1 above, then the Principal and Surety, jointly and severally, shall be liable to the City for the full penal sum of this Bond which shall be forfeited to the City as liquidated damage, but not a penalty, as a result of the Principal's failure to comply with the bid instructions and conditions, regardless of whether the City ultimately decides to change the project requirements or resolicit bids. 3. The remedies provided herein are not to be construed as the City's exclusive remedies for the Principal's failure to enter into a contract with the City but shall be deemed supplemental to all remedies available to the City at law or otherwise. DATED ON 20. City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 8 FOR NON -CORPORATE BIDDERS: By: (Witness) (Signature of Principal) (Print Name) (Print Name and Title) (Witness) (Print Name) Business Address FOR CORPORATE BIDDERS: ATTEST: (Signature of Corporate Principal) Secretary (Print Name and Title) Business Address SURETY: ATTEST: (Corporate Seal) (Corporate Surety) Secretary (Print Name and Title) Business Address Florida Address for Service of Process Telephone Number (Surety shall provide evidence of signature authority such as a certified copy of Power of Attorney.) City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 9 SECTION VI PW 04-00-09-20 REJECTION OF BIDS The City may reject a Bid if: a. The Bidder conceals any material fact in the bid. b. The Bid does not strictly conform to the law or requirements of this solicitation. The City may, however, reject any or all Bids, whenever it is deemed in the best interest of the City to do so and may reject any part of a Bid. The City may also waive any minor informalities or irregularities in any Bid. 2. Bid Protest Procedure: a. Any Bidder that has submitted a formal bid to City of Okeechobee, and who is adversely affected by the decision with respect to the award of the formal bid, may file with the City Administrator's Office, City of Okeechobee, 55 S.E. 3rd Avenue, Okeechobee, FL 34974, a written Protest no later than forty-eight (48) hours (excluding Saturdays, Sundays and Legal Holidays) of the decision of the City of Okeechobee City Council to award the bid. b. The "Notice of Intent to File a 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 bid to the City Council for a final determination of the protest. City of Okeechobee Public Works Department 10 Project No. PW 04-00-09-20 SECTION VII PW 04-00-09-20 AGREEMENT FOR SERVICES This AGREEMENT is dated as of the day of in the year 20., between the City of Okeechobee (CITY) and (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SCOPE OF WORK The following Exhibits are attached and are a part of this Agreement: Exhibit A — Governing Specifications Exhibit B — Bid Unit Price Schedule The Work is described as follows: Painting of the Okeechobee City Hall, Fire Department, and Records Retention Buildings. Painting will be performed as described in Exhibit A, Governing Specifications at the following locations: City Hall and City Fire Department, and Records Retention buildings: 55 Southeast 31d Avenue, Okeechobee FL 34974. ARTICLE 2. 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 This contract will be in force for a period of sixty (60) days from the issuance of the Notice to Proceed by the CITY to the CONTRACTOR. ARTICLE 4. CONTRACT PRICE 4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the unit prices listed in Exhibit B 4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, based on the unit prices indicated on the Bid form. ARTICLE 5. MEASUREMENT AND PAYMENT 5.1 The City will not pay for any item that is not specifically set forth in the Bid Schedule. City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 11 5.2 The total Unit Bid Price for each project shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the work, including furnishings all materials, equipment, supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 Contractor shall submit Applications for Payment within thirty (30) days of final approval of work by the CITY's Public Works Director. The invoice will be processed through our regular cycle with payment usually made by the end of the following month. The City shall not be liable to pay interest on any unpaid balance. Vendor is solely responsible for all taxes, withholding, or social security obligations 5.5 All work shown on the drawings as outlined in the specifications is to be completed in all respects, and the cost of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. 5.6 The CONTRACTOR shall furnish the Public Works Director whatever assistance is required, laborers, clerks and records that will enable the Public Works Director to expeditiously check all estimates and especially the final quantities of the project. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress, or performance of the work which were relied upon by the Public Works Director in the preparation of the Drawings and Specifications. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 6.2 above as he deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the contract documents, and no additional examinations, investigations, tests, reports or similar data are/or will be required by the CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents. City of Okeechobee Public Works Department 12 Project No. PW 04-00-09-20 6.5 CONTRACTOR has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. ARTICLE 7. EARLY TERMINATION 7.1 Should CONTRACTOR violate any provision of this contract, or if the level of service and performance being provided by CONTRACTOR does not meet the expectations of the CITY after providing attempts at curing such defects, the CITY may cancel this contract upon thirty (30) days written notice to CONTRACTOR without further liability therefore. ARTICLE 8. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the CITY and the CONTRACTOR are made a part hereof and consist of the following: • This Agreement • Certificates of Insurance • Payment Bond and Performance Bond • Notice of Award • Notices to Proceed • General Conditions • Governing Specifications attached as Exhibit Addenda numbers 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, Bid Forms, Payment and Performance Bonds, and Application for Payment. There are no contract documents other than those listed above in this Article 8. The contract documents may only be altered, amended, or replaced by a modification (as defined in Section 1 of the general conditions). ARTICLE 9. GENERAL PROVISIONS 9.1 Compliance with Laws The Contractor, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws, regulations, and requirements relating to the performance of this Contract. 9.2 Applicable Laws and Venue The laws of the State of Florida shall govern all aspects of this Contract. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. City of Okeechobee Public Works Department 13 Project No. PW 04-00-09-20 9.3 Waiver of Jury Trial Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to this Contract and the transactions it contemplates. This waiver applies to an action or legal proceeding, whether sounding in contract, tort or otherwise. 9.4 No Discrimination Contractor and its agents will not discriminate against any person on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this Contract. 9.5 No Lobbying Pursuant to Section 216.347, F.S., the Contractor is prohibited from the expenditure of any funds under this Contract to lobby the Legislature, the judicial branch or another state agency. 9.6 E-Verify CONTRACTOR has verified that its employees are authorized to work in the U.S. and certifies that a good faith effort has been made to properly identify employees by timely reviewing and completing appropriate documentation, including but not limited to the Department of Homeland Security, U.S. Citizenship, and Immigration Services Form 1-9. Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E-Verify website: www.uscis.clov/e-verify. CONTRACTOR shall expressly require any subcontractors performing work or providing services pursuant to this contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 9.7 Public Entity Crimes CONTRACTOR acknowledges and attests that neither he, nor any of his suppliers, subcontractors, or consultants who shall perform work, which is intended to benefit the CITY, is a convicted vendor as described in Section 287.133, Florida Statutes. CONTRACTOR further understands and accepts that this CONTRACT shall be either voidable by the CITY or subject to immediate termination by the CITY, in the event there is any misrepresentation or lack of compliance with the requirements of Section 287.133, Florida Statutes. The CITY, in the event of such termination, shall not incur any liability to the CONTRACTOR for any work or materials furnished. City of Okeechobee Public Works Department 14 Project No. PW 04-00-09-20 9.8 Contractor's Duties Regarding Public Records A. Contractor must provide public access to all records concerning this Contract according to applicable Florida laws including Chapter 119, Florida Statutes. If Contractor asserts any exemptions to Florida's public records laws, Contractor has the burden of establishing and defending the exemption. Contractor's failure to comply with this section is a breach of this Contract. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the CONTRACTOR to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER: (863) 763-3372, EXT. 98141 EMAIL ADDRESS: LGAMIOTEA@CITYOFOKEECHOBEE.COM, AND MAILING ADDRESS: 55 SE THIRD AVE, OKEECHOBEE FL, 34974. 9.9 No Third -Party Beneficiaries This Contract is solely for the benefit of the Contractor and the City. No person or entity other than the Contractor or the City shall have any rights or privileges under this Contract in any capacity whatsoever, either as third -party beneficiary or otherwise. 9.10 Assignment Contractor shall not assign, delegate, sublease or otherwise transfer any portion of its rights and obligations as set forth in this Contract without prior written consent of the City. Any attempted assignment in violation of this provision shall be void. 9.11 Waiver No waiver of any term of this Contract constitutes a waiver of any other provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver. No waiver is binding unless signed in writing by the waiving party. 9.12 Severability If any term of this Contract is for any reason invalid or unenforceable, the rest of the Contract remains fully valid and enforceable. 9.13 Entire Contract This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreement, representations, and undertaking. No supplement, modification, or amendment of this agreement will be binding unless it is in writing and signed by both parties. City of Okeechobee Public Works Department 15 Project No. PW 04-00-09-20 9.14 Interpretation Unless the context requires "including but not limited to." 9.15 Survival All provisions of this Contract expiration or termination of termination of this Contract. 9.16 Force Majeure otherwise: The term "including" contemplates which by their terms bind either party after the this Contract shall survive the expiration or Notwithstanding any provisions of this Contract to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Contract that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance or as a result of such circumstances, but this Contract shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Contract specifies that performance by the Contractor is specifically required during the occurrence of any of the events herein mentioned. City of Okeechobee Public Works Department 16 Project No. PW 04-00-09-20 IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At least one (1) 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 M 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. Carlyn H. Kowalsky, Attorney City of Okeechobee Public Works Department 17 Project No. PW 04-00-09-20 EXHIBIT A GOVERNING SPECIFICATIONS Painting Service: Shall include, but not to be limited to: 1. Paint work shall include: a. All outdoor surface areas including exposed piping, conduits and all exposed outdoor surfaces with the exception of unpainted existing window and door frames and trim, directional signage, and door access locks and switches. b. All unpainted surfaces such as signs and door access locks and switches will either be masked or temporarily removed to avoid paint application to those surfaces. CONTRACTOR shall be responsible for the proper reinstallation of any items removed for painting. c. Landscape, walkway, porches and all other building features will be protected from paint and damage from scaffolds, ladders or other equipment during the painting process. 2. Building Access a. CONTRACTOR shall always maintain public access to the building during the normal hours of operation, Monday through Friday, 8:00 am to 4:30 pm. b. Contractor may temporarily block access to one building entrance at a time to paint the adjacent surfaces. Access to the blocked doors shall be restored as soon as possible to minimize impact to building staff and the public 3. Cleanup a. CONTRACTOR is to remove all trash, and all other debris before they leave the site daily. Any tools, equipment, or materials to be stored on the site must be secured daily in a locked trailer or other enclosed storage device. The vendor may use no more than one parking space located parking lot adjacent to the East of City Hall. Location of the storage trailer or any other on -site storage must be approved by the CITY'S Public Works Director. b. Upon completion of the Work, staging, scaffolding, and containers shall be removed from the site or destroyed in an approved manner. Paint spots, oil, or stains upon adjacent surfaces shall be removed. 4. Supervision a. CONTRACTOR shall provide an adequate number of trained qualified supervisors capable of providing adequate supervision to accomplish the services. b. Each supervisor, to the satisfaction of the CITY'S representative(s), shall be capable of verbal and written communication in the English language and shall be able to adequately communicate with service workers. c. The CITY representative(s) may request the vendor to remove any supervisor if it is determined that the individual is not performing the services as seen appropriate by the CITY. City of Okeechobee Public Works Department 18 Project No. PW 04-00-09-20 d. The supervisor shall be available for site inspections, as required by the CITY representative, to review maintenance procedures and practices under the contract. Deficiencies in procedures and practices shall be corrected to the satisfaction of the CITY'S representative(s). Failure to comply with terms and conditions, specifications, and/or failure to correct deficiencies to the satisfaction of CITY representative(s) shall be cause for cancellation of the contract. 5. Guarantee a. A two (2) year guarantee which commences on the date of acceptance against failure of all coatings shall be provided. Failure of any coating during the guarantee period shall be repaired by the CONTRACTOR who shall absorb all costs related to the repair of the coating. As part of this two (2) year guarantee, the CONTRACTOR shall perform an inspection of all painted surfaces at 11 months from date of acceptance with an Owner's representative. All coating failures shall be repaired. The costs of this inspection and any repair services shall be the CONTRACTOR's responsibility. 6. Compliance with Environmental Regulatory Requirements a. CONTRACTOR shall comply with all current federal, state, and local environmental laws and regulations, including, but not limited to the laws and regulations of the U.S. Environmental Protection Agency (USEPA). 7. Manufacturer's Recommendations a. Unless otherwise specified herein, the paint and coating manufacturer's printed recommendations and instructions for thinning, mixing, handling, applying, and protection of his coating materials; for preparation of surfaces for coating; and for all other procedures relative to coating shall be strictly observed. No substitutions or other deviations shall be permitted without written permission of the CITY. 8. Delivery and Storage a. Materials shall be delivered in manufacturer's original, sealed containers, with labels and tags intact. Coating materials and equipment shall be stored in designated areas. Coating containers shall be opened only when required for use. Coating shall be thoroughly stirred or agitated to uniformly smooth consistency and prepared and handled in a manner to prevent deterioration and inclusion of foreign matter. Unless otherwise specified or reviewed, no materials shall be reduced, changed, or used except in accordance with the manufacturer's label or tag on container. 9. Safety Requirements a. In accordance with the requirements of the latest revision OSHA Regulations for Construction, the CONTRACTOR shall provide and require the use of personal protective lifesaving equipment for all persons working in or about the Project site. Protective Equipment. Respirators shall be worn by all persons engaged in, and assisting in, spray painting. In addition, workers engaged in or near the Work during sandblasting shall wear eye and face protection devices meeting the requirements of ANSI ZB7.1 latest revision, and approved OSHA Regulations for sandblasting operations and approved air -purifying, half -mask or mouthpiece respirator with appropriate filter. City of Okeechobee Public Works Department 19 Project No. PW 04-00-09-20 ii. Ventilation. Where ventilation is used to control potential exposure to workers as set forth in Section 1910.94 of the OSHA Regulations for Construction, ventilation shall be adequate to reduce the concentration of the air contaminant to the degree that a hazard to the worker does not exist. Methods of ventilation shall meet the requirements set forth in ANSI Z9.2, latest revision. iii. Sound Levels. Whenever the occupational noise exposure exceeds the maximum allowable sound levels as set forth in Table 0-2, Permissible Noise Exposures, in Section 1926.52, of the OSHA Regulations for Construction, ear protective devices shall be furnished and used. Ear protective devices inserted in the ear shall be fitted or determined individually, by competent persons. Plain cotton is not an acceptable protective device. iv. Storage and mixing of coating materials shall be performed only in those areas designated by the Owner. v. Cloths and cotton waste that might constitute a fire hazard shall be placed in closed metal containers or destroyed at the end of each workday. 10. Workmanship a. Skilled craftsmen and experienced supervision shall be used on all Work. b. All paint and coatings shall be applied in a workmanlike manner to produce an even film of specified uniform thickness. Edges, corners, crevices, and joints shall receive special attention to ensure that they have been thoroughly cleaned and that they receive an adequate thickness of paint. The finished surfaces shall be free from runs, drops, ridges, waves, laps, brush marks, and variations in color, texture, and finish. The hiding shall be so complete that the addition of another coat of paint would not increase the hiding. All coats shall be applied to produce a film of uniform thickness. Special attention shall be given to ensure that edges, corners, crevices, welds, and similar areas receive a film thickness equivalent to adjacent areas, and installations shall be protected using drop cloths or other approved precautionary measures. Rough exterior cement plaster shall be spray painted. 11. Elastomeric Coating Specification a. The elastomeric coating used by the CONTRACTOR shall have high volume solids (45-60%) and shall be applied to achieve a wet film thickness of 27-32 mils and a dry film thickness of 10-20 mils. All coating materials shall be from a single manufacturer. CONTRACTOR shall provide the CITY with the elastomeric Coating Product Technical Data/Specification sheet for the proposed product to be used for the project. City of Okeechobee Public Works Department 20 Project No. PW 04-00-09-20 EXHIBIT B BID UNIT PRICE SCHEDULE PW 04-00-09-20 OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING UNIT ITEM NO. DESCRIPTION EST. QTY. UNIT PRICE AMOUNT MEASURE REPAIR STUCCO AND SEAL ALL WALL CRACKS AND MAKE ALL NECESSARY PAINTING PREPARATIONS FOR THE CITY 1 OF OKEECHOBEE CITY HALL, FIRE LUMP SUM 1 DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974. SEAL COAT AND MASK CITY OF OKEECHOBEE CITY SEAL ON THE NORTH WALL OF CITY HALL AND TAKE ALL 2 LUMP SUM 1 NECESSARY MEASURES NEEDED TO PROTECT THE SEAL FROM DAMAGE DURING PAINTING. PAINTTHE CITYOF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE FL 34974. 3 LUMP SUM 1 PAINTSHALL BE ELASTOMERIC MASONRY BRICK AND STUCCO PAINT, TRIM AND WALL COLORS (2 COLOR) TO BE CHOSEN BY CITY. PAINT THE CITY OF OKEECHOBEE SEAL MONUMENT BASE AND MARQUEE COLUMNS. PAINTSHALL BE ELASTOMERIC 4 LUMP SUM 1 MASONRY BRICK AND STUCCO PAINT, TRIM AND COLUMN COLORS (2 COLOR) TO MATCH COLORS SELECTED ITEM 3 TOTAL BID AMOUNT (Based on Bid Unit Prices & Estimated Quantities) City of Okeechobee Public Works Department 21 Project No. PW 04-00-09-20 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. The CONTRACTOR should read the special conditions and the requirements for insurance before submitting a Bid. The CONTRACTOR should verify the quantities to be included in the construction contract. The CONTRACTOR shall furnish the City of Okeechobee with a Payment and Performance Bond in 100 percent (100%) of the total estimated amount of the contract. The Payment and Performance Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The CONTRACTOR in his Bid shall include the cost of said bond. have attached the required 5 percent (5%) Bid Security to this Bid. Bidder: (Company Name) M (Signature) (Printed Name) Mailing Address: Office Number: Date: Title: Email: Fax Number: City of Okeechobee Public Works Department 22 Project No. PW 04-00-09-20 SECTION VIII PW 04-00-09-20 MISCELLANEOUS A. No Lobbying: All respondents are hereby placed on notice that any communication, whether written or oral, with City of Okeechobee elected officials or any City staff or outside Individuals working with the City in respect to this request (with the exception of the General Services personnel designated to receive requests for interpretation or corrections or technical questions), is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for Bid, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. All respondents must submit the attached No Lobbying Affidavit with their submittal stating that they and their Subcontractor, sub - consultants and agents agree to abide by the no lobbying restrictions in order to be considered for this request. Any respondent that does not submit the required No Lobbying Affidavit will be automatically disqualified from further consideration. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment A B. Collusion, Gratuities and Kickbacks: It shall be unethical for any respondent to collude with any other respondent or offer, give or agree to give any City Council member, City employee or City representative (including selection committee members) a gift, gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of the procurement process. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment B C. Modifications: The City reserves the right to modify, alter or change the scope or other aspects of this solicitation. D. Level Playing Field: The contents of this solicitation are intended to provide a level playing field on which Firms or Individuals may base their responses. E. Public Entity Crime Affidavit: As 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 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 D City of Okeechobee Public Works Department 23 Project No. PW 04-00-09-20 F. Conflict of Interest: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their submission the name of any officer, director, employee or agent who is also a public officer, employee or an agent of the City of Okeechobee City Council, or any of its agencies. Furthermore, all respondents must disclose the name of any City officer, employee or agent who owns, directly or indirectly, an interest of five percent (5 %) or more in the Firm or any of its parent companies or subsidiaries. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment E G. Immigration Laws: Respondents must comply with all applicable immigration laws in their employment practices. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment F H. Tie Bids: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors has a drug -free workplace program. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. City of Okeechobee Public Works Department 24 Project No. PW 04-00-09-20 ATTACHMENT A PW 04-00-09-20 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF This day of , 20 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, 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. The foregoing instrument was acknowledged online notarization, this day of personally known to me or produced Affiant before me by means of ❑ physical presence or ❑ , 20 , by , who is Notary Public Signature Commission No. as identification. City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 25 ATTACHMENT B PW 04-00-09-20 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 rim Project No. PW 04-00-09-20 ATTACHMENT C PW 04-00-09-20 PROPOSER'S CERTIFICATION have carefully examined this Request for Bid (BID)/Request for Proposals (RFP)/ Request for Qualifications (RFQ), which includes scope, requirements for submission, general information and the evaluation and award process. 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. 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 before me by means of ❑ physical presence or ❑ online notarization, this day of , 20, by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Public Works Department 27 Project No. PW 04-00-09-20 ATTACHMENT D PW 04-00-09-20 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 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 September 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. City of Okeechobee Public Works Department 28 Project No. PW 04-00-09-20 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 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 September 1, 1989. CI 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 September 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 September 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 before me by means of ❑ physical presence or ❑ online notarization, this day of 20, by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 29 ATTACHMENT E PW 04-00-09-20 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Bidders must disclose if any City of Okeechobee employee(s), elected official(s), or any of its agents is also an owner, corporate officer, director, agent, employee, etc., of their business. Indicate either "yes" (a City employee, elected official or agent is associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. Firm Name: By (Printed): By (Signature): Title: Address: Phone Number: YES NO Name(s) Position(s) City of Okeechobee Public Works Department 30 Project No. PW 04-00-09-20 ATTACHMENT F PW 04-00-09-20 IMMIGRATION LAW CERTIFICATION City of Okeechobee will not intentionally award City contracts to any Contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324 a(e) (Section 274a(e) of the immigration and nationality act ("INA" )). City of Okeechobee may consider the employment by any Contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the contract by City of Okeechobee. Respondent attests that it is fully compliant with all applicable immigration laws, specifically relating to the 1986 immigration act and subsequent amendments. Company Name Signature Title Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 20, by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Public Works Department 31 Project No. PW 04-00-09-20 ATTACHMENT G PW 04-00-09-20 DRUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation occurring in the workplace no later than five (5) days after such conviction. 5. 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, 1 certify that this Firm complies fully with the above requirements. Signature: Date: Company: Name: Address: Title: Phone Number: City of Okeechobee Public Works Department 32 Project No. PW 04-00-09-20 ATTACHMENT H CITY OF OKEECHOBEE OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING PW 04-00-09-20 Client Name: Client Phone Number: Client E-mail: Service Dates: Beginning Estimated Annual Contract Amount: REFERENCE End Description of the services performed as they directly relate to the work of this Request for Bid: City of Okeechobee Project No. PW 04-00-09-20 Public Works Department 33 OOLLI)& ryu-c d-o n�J�� b,�ds . -- ►�©p ►�Jec� Exhibit 2 10/20/2020 CITY OF OKEECHOBEE PW 04-00-09-20 September 28, 2020 3:00 PM Bid Opening Okeechobee City Hall, Fire Department Records Retention Building Painting CONTRACTOR: Vic's Painting & Reconstruction Overland Construction Co. Inc Mario's Painting and Services, Inc * Did not use Addendum for Bid Unit Price Schedule therefore Bid was rejected. ITEM UNIT UNIT UNIT NO. MEASURE EST. QTY. UNIT PRICE AMOUNT MEASURE EST. QTY. UNIT PRICE AMOUNT MEASURE EST. QTY. UNIT PRICE AMOUNT REPAIR STUCCO AND SEAL ALL WALL CRACKS AND MAKE ALL NECESSARY PAINTING PREPARATIONS FOR THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, 1 OKEECHOBEE, FL 34974. LUMP SUM 1 is 10,024.00 LUMP SUM 1 $ 7,996.00 $ 7,996.00 LUMPSUMI 1 $ 1,500.00 SEAL COAT AND MASK CITY OF OKEECHOBEE CITY SEAL ON THE NORTH WALL OF CITY HALL AND TAKE ALL NECESSARY MEASURES NEEDED TO PROTECT THE SEAL FROM DAMAGE DURING PAINTING. 2 LUMP SUM 1 $ 350.00 LUMP SUM 1 $ 300.00 $ 300.00 LUMP SUM 1 $ 500.00 PAINT THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3R° AVENUE, OKEECHOBEE FL 34974. PAINTING SHALL CONSIST OF PRIM COAT, ELASTOMERIC COAT, AND TOPCOAT PER THE GOVERNING SPECIFICATION, 3 EXHIBIT A ITEM 11. LUMP SUM 1 $ 26,963.00 LUMP SUM 1 $ 31,978.00 $ 31,978.00 LUMP SUM 1 $ 14,000.00 PAINT THE CITY OF OKEECHOBEE SEAL MONUMENT BASE AND MARQUEE COLUMNS. PAINTING SHALL CONSIST OF PRIM COAT, ELASTOMERIC COAT, AND TOPCOAT PER THE GOVERNING SPECIFICATION, EXHIBIT A ITEM 11. TRIM AND COLUMN COLORS (2 COLOR) TO MATCH COLORS q SELECTED ITEM 3 LUMP SUM 1 $ 225.00 LUMP SUM 1 $ 500.00 1 $ 500.00 LUMP SUM 1 $ 1,520.00 TOTAL BID AMOUNT Is 37,562.00 1 1$ 40,774.00 i$ 17,520.00 Posted on September 28, 2020 at 4:00 p.m. To be removed on October 7, 2020 at 4:00 p.m. CITY OF OKEECHOBEE PW 04-00-09-20 September 28, 2020 3:00 PM Bid Opening Okeechobee City Hall, Fire Department Records Retention Building Painting CONTRACTOR: Vic's Painting & Reconstruction Overland Construction Co. Inc Mario's Painting and Services, Inc * Did not use Addendum for Bid Unit Price Schedule therefore Bid was rejected. ITEM UNIT UNIT UNIT NO. MEASURE EST. CITY. UNIT PRICE AMOUNT MEASURE EST. CITY. UNIT PRICE AMOUNT MEASURE EST. CITY. UNIT PRICE AMOUNT REPAIR STUCCO AND SEAL ALL WALL CRACKS AND MAKE ALL NECESSARY PAINTING PREPARATIONS FOR THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, 1 OKEECHOBEE, FL 34974. LUMP SUM 1 $ 10,024.00 LUMP SUM 1 $ 7,996.00 $ 7,996.00 LUMP SUM 1 $ 1,500.00 SEAL COAT AND MASK CITY OF OKEECHOBEE CITY SEAL ON THE NORTH WALL OF CITY HALL AND TAKE ALL NECESSARY MEASURES NEEDED TO PROTECT THE SEAL FROM DAMAGE DURING PAINTING. 2 LUMP SUM 1 $ 350.00 LUMP SUM 1 $ 300.00 $ 300.00 LUMP SUM 1 $ 500.00 PAINTTHE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE FL 34974. PAINTING SHALL CONSIST OF PRIM COAT, ELASTOMERIC COAT, AND TOPCOAT PER THE GOVERNING SPECIFICATION, 3 EXHIBIT A ITEM 11. LUMP SUM 1 $ 26,963.00 LUMP SUM 1 $ 31,978.00 $ 31,978.00 LUMP SUM 1 $ 14,000.00 PAINT THE CITY OF OKEECHOBEE SEAL MONUMENT BASE AND MARQUEE COLUMNS. PAINTING SHALL CONSIST OF PRIM COAT, ELASTOMERIC COAT, AND TOPCOAT PER THE GOVERNING SPECIFICATION, EXHIBIT A ITEM 11. TRIM AND COLUMN COLORS (2 COLOR) TO MATCH COLORS 4 SELECTED ITEM 3 LUMP SUM 1 $ 225.00 LUMP SUM 1 $ 500.00 $ 500.00 LUMP SUM 1 $ 1,520.00 TOTAL BID AMOUNT $ 37,562.001 1 1 J$ 40,774.00 $ 17,520.00 Posted on September 28, 2020 at 4:00 p.m. To be removed on October 7, 2020 at 4:00 p.m. f Bid Opening Sign In Sheet Okeechobee City Hall, Fire Department, and Records Retention Building Painting PW 04-00-09-20, September 28, 2020, 3:0 0 P.M. Company Contact Person Phone Number Fax Number E-mail '3 _ Lj 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I V kC 19 20 A.oF oKFF`yo�� INVITATION TO BID NO. PW 04-00-09-20 r OKEECHOBEE CITY HALL FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINTING Opening Date and Time: September 28, 2020, 3:00 PM The City of Okeechobee, Florida is currently soliciting Bids for painting the Okeechobee City Hall, Fire Department, and Records Retention buildings located at 55 SE 3rd Avenue, Okeechobee FL 34974. Sealed Bids must be received within the General Services Department at City Hall, 55 SE 3rd Avenue, Rm 101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Monday, September 28, 2020. 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. 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, or by contacting Patty Burnette, 863-763-3372 x 9820, or via email at pburnette@cityofokeechobee.com. 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. Bid 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 04-00-09-20 OKEECHOBEE CITY HALL. FIRE DEPARTMENT. AND RECORDS RETENTION BUILDING PAINTING, 9-28-20, 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. By: Mayor Dowling R. Watford, Jr. on September 16, 2020 Posted: 8/19/2020-BJ aNDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Countyy, F}orida, th the attached copy of an advertisement being a� 1� �, j e°; in the matter of L )i iA in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of I i 14-1)Q =�:--�(-, Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Muros Sworn to and ubscribed before me this v day of .:-:�k- AD Notary Public, State of Florida at Large ►"�a'G ANGIE BRIDGES MY COMMISSION Al GG 971582 EXPIRES: ApdI 20, 2024 Bonded Thru Notary Public Underwriters Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PIN opmig oam and Tine: SWMrherm, Zozo, 3W Wl -ne of t7leedwbee, Rorlrla is aneAly � � ra guie oleean�eear� Rei7epaibnen6adlieo>tdsta�erthnbtbm[ edat5i5E3idAOlaadnbeeR.391/4. Sealed ads nl$ be RlO ' wft the � R.349h at�Y�.�gA fm_ n1becnoroaaerpadalY AlreaMry,thedm3rew*beopaiedann�d®nuep� e m ofine or rmre wires V&M the Cnirid ❑ariba; Rm ZoO, atthe adtrem babaeNNrrr�ff&T 1,edaflRrtheahoYepo6adda6eadtYrew� mnsidaedR arweWBldsd/mtbeawe(led *V. m=a.*to%bntfti*Bid(orwicl w&n It Ithesolen oftheWJdermd&mp arb/m,V& eldmthe Servb�s morbebethe tmwddAe r%sofdtatl ndoesnotwirn he awofobeedabeem&adataur e,�: rrawr oowf n R u�aaaa x an sepoar� icy amo fiV�s`o V' 4 3 ®2 0 as W Fj Cr Plao I�'wad.&Jt Bidder's List a� J -It Painting Reconstruction �n'.� Company Name Address d, V� p Y Phone Number wdis' &.c(- Vic's 5420 Division Drive (239)694-3131 Painting & Reconstruction Fort Myers, FL 33905 (239)694-4850 Fax Okeechobee Paint Supply Inc dba The Paint Bucket (Supplies only) One Call Property Services Inc. brent0onecallprop.com Alejandro Nunez passionpaintsllcOgmail.com Shelco Painting tslamar22Pvahoo.com P.O. Box 1565 Okeechobee, FL 34972 7804 SW Ellipse Way Stuart, FL 34997 1976 NW 36th Terrace Okeechobee, FL 34972 205 Zenith Rd. Suite 6 Dothan, AL 36303 Big Lake Painting & Pressure 1111 NW 3rd St. Cleaning Okeechobee, FL 34972 biglakepropertymaintenanceC@gmail.com Sunstate Contractors LLC 2697 SW Domina Rd CBC 1261719 Port St Lucie, FL 34953 sales[«Dsunstatecontractors.com Champion Coatings Inc 102 NE 60th Ave championcoatingsta)hotmail.com Okeechobee, FL 34972 863-357-4100 863-357-4101 Fax 772-324-1146 772-409-8620 Fax 407-952-3123 334-677-3920 334-678-9638 Fax 863-357-2773 772-224-2793 407-241-8662 863-467-4687 561-512-5985 (Cell) 863-467-4681 (Fax) FlD SOX �.� ,/y SC�C—�_�I4- L! � sr Ia- Irre i�a. CPl�1U SUS,Co✓►? BIDDER NOTIFICATION FOR OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING PW 04-00-09-20 Company Name E-Mail Address Date Sent Vic's Painting & Construction lorikvicspaintin .com 9/15/20 Okeechobee Paint Supply Inc brentkonecallprop.com 9/15/20 Alejandro Nunez passionpaintsllckgmail.com 9/15/20 Shelco Painting Tslamar22kyahoo.com 9/15/20 Big Lake Painting & Pressure Cleaning Bi lg akepropegymaintenancekgmail.com 9/15/20 Sunstate Contractors LLC sales ,sunstatecontractors.com 9/15/20 Champion Coatings Inc Championcoatingskhotmail.com 9/15/20 Vic's Painting & Construction Ivette ,vicspainting com 9/15/20 E = Emailed Yesica Montoya From: Sent: Cc: Subject: Attachments: Tracking: Good afternoon, Yesica Montoya Tuesday, September 15, 2020 2:43 PM Patty Burnette Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Painting for the City of Okeechobee Invitation to Bid Notice.pdf Recipient Patty Burnette lori@vicspainting.com brent@onecallprop.com passionpaintsllc@gmail.com tslamar22@yahoo.com biglakepropertymaintenance@gmail.com sales@sunstatecontractors.com championcoatings@hotmail.com lalmeida@massus.com Delivery Delivered: 9/15/2020 2:43 PM Please see the attached Invitation to Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Painting for the City of Okeechobee. Please submit any questions or requests for additional information in writing or e- mail as stated in the attached notification. Thank you Regards, Yesica Montoya Administrative Secretary 55 SE 3,d Avenue Okeechobee, FL 34974 Phone: (863) 763-33 72 Direct: (863) 763-9824 FAX: (863) 763-1686 Email: my ontoya9cityofokeechobee.com Website: www.cityofokeechobee.com 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Yesica Montoya From: Yesica Montoya Sent: Tuesday, September 15, 2020 2:50 PM To: 'Ivette@vicspainting.com' Subject: Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Painting for the City of Okeechobee Attachments: Invitation to Bid Notice.pdf Good afternoon, Please see the attached Invitation to Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Painting for the City of Okeechobee. Please submit any questions or requests for additional information in writing or e- mail as stated in the attached notification. Thank you Regards, Yesica Montoya Administrative Secretary 55 SE 3,d Avenue Okeechobee, FL 34974 Phone: (863) 763-33 72 Direct: (863) 763.9824 FAX: (863) 763-1686 Email: monto a� @cityofokeechobee.com Website: www.cityofokeechobee. coni 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Yesica Montoya From: Alejandro Nunez <passionpaintsllc@gmail.com> Sent: Tuesday, September 15, 2020 2:44 PM To: Yesica Montoya Cc: Patty Burnette Subject: Re: Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Painting for the City of Okeechobee Received, thank you. On Tue, Sep 15, 2020 at 2:43 PM Yesica Montoya <ymontoya@citvofokeechobee.com> wrote: Good afternoon, Please see the attached Invitation to Bid for Okeechobee City Hall, Fire Department, and Records Retention Building Painting for the City of Okeechobee. Please submit any questions or requests for additional information in writing or e-mail as stated in the attached notification. Thank you Regards, Yesica Montoya Administrative Secretary 55 SE 3'd Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 Direct: (863) 763-9824 FAX: (863) 763-1686 Email: vmontova@ci tyofokeechobee.com Website: www.ciwfokeechobee.com 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Alex Nunez Passion Paints LLC (863)801-5644 Passion Paintsllc@email.com 3 Patty Burnette From: Ricky House <rcky@vicspainting.com> Sent: Thursday, October 22, 2020 11:14 AM To: Patty Burnette Subject: RE: PW 04-00-09-20 Thanks for the update Patty! Appreciate your time and consideration. Have a great day, Ricky From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Thursday, October 22, 2020 10:42 AM To: Ricky House <rcky@vicspainting.com> Cc: Yesica Montoya <ymontoya@cityofokeechobee.com> Subject: PW 04-00-09-20 Good Morning. On behalf of the City of Okeechobee, I would like to thank you for submitting a proposal for the Okeechobee City Hall, Fire Department, and Records Retention Building Painting Bid. In addition to having to reject your initial submittal package due to an expired Bid Bond being provided, the City Council at their meeting on October 20, 2020 voted to reject all bids received. At this time we will not be re -bidding the project. Your company's name has been placed on the vendors list and you will be automatically notified of any upcoming bidding opportunities on projects within this scope of work. The City of Okeechobee appreciates your participation in this process. Thank you, Patt1J, M. Burnette Cj. eneraCServices Coordinator City of Okeechobee SS SE 3' d Avenue Okeechobee, Tf- 34974 Phone: (863) 763-3372 ext. 9820 1 Direct. (863) 763-9820 `Fax: (863) 763-1686 e-maid p6urnette@citUofokeec6o6ee.com J website: www.citUofokeec6obeexoni 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. Patty Burnette From: Patty Burnette Sent: Thursday, October 22, 2020 10:40 AM To: Jason.mpsinc@gmail.com Cc: Yesica Montoya Subject: PW 04-00-09-20 Good Morning. On behalf of the City of Okeechobee, I would like to thank you for submitting a proposal for the Okeechobee City Hall, Fire Department, and Records Retention Building Painting Bid. In addition to having to reject your submittal package due to the incorrect Bid Unit Price Schedule form being used, the City Council at their meeting on October 20, 2020 voted to reject all bids received. At this time we will not be re -bidding the project. Your company's name has been placed on the vendors list and you will be automatically notified of any upcoming bidding opportunities on projects within this scope of work. The City of Okeechobee appreciates your participation in this process. Thank you, Patty M. Burnette generafServices Coordinator City of Okeechobee 55 SE 3rd Avenue Okeechobee, EL 34974 Phone: (8 63) 763 -3372 ext. 98 2 0 Direct. (863) 763-9820 Tax: (863) 763-1686 e-mail: a6uritette@cittiiofokeecho6ee.corii website: www.cit1,�ofokeechobee.cojn 1 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-9820 Fax: 863-763-1686 October 22, 2020 Overland Construction Co., Inc. Attn: Mr. J. David Giles 1360 W 53rd Street West Palm Beach, FL 33407 Dear Mr. Giles: RE: Okeechobee City Hall, Fire Department, and Records Retention Building Painting Bid PW 04-00-09-20 On behalf of the City of Okeechobee, I would like to thank you for submitting a proposal for the Okeechobee City Hall, Fire Department, and Records Retention Building Painting Bid. The City Council at their meeting on October 20, 2020 voted to reject all bids received. At this time, we will not be re -bidding the project. Your company's name has been placed on the vendors list and you will be automatically notified of any upcoming bidding opportunities on projects within this scope of work. Although your company was not awarded this contract, the City of Okeechobee appreciates your participation in this process. Enclosed we are returning Bid Bond Check #5301909583 in the amount of $2,100.00. Sincerely, M. General Services Coordinator III S301909S83110 1:06 L L007901: 70 L90 L999611' Patty Burnette From: Patty Burnette Sent: Wednesday, October 21, 2020 9:42 AM To: Jan De La Pena Subject: RE: 04-00-09-20 Okeechobee City Hall, Fire Department, and Records Retention Building Painting Good Morning. All of the Bids for this project were rejected by the City Council at their meeting last evening. Do not know at this time if project will be re -bid. Thank you Path M. Burnette Cj. eneraCServices Coordinator City of Okeechobee 55 SE 3'`- Avenue Okeechobee, EL 34974 Aone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Fax: (8 63) 763-168 6 e-maik b6ui-riette@cirvofokeec6o6ee.coiii website: www.citti�ofokeec(io6ee.coni Ry. 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: Jan De La Pena<jan.delapena@ConstructConnect.com> Sent: Wednesday, October 21, 2020 9:16 AM To: Patty Burnette<pburnette@cityofokeechobee.com> Subject: Re: 04-00-09-20 Okeechobee City Hall, Fire Department, and Records Retention Building Painting Hi Patty, Thank you for your email. I would like to make a follow up if the project was offically awarded? If Yes, Can you provide the awarded contractor and award amount? I would also like to know the anticipated start date, if determined. Regards, Jan de La Pena Content Specialist tel: 323.602.5079 ext.75180 fax: 866.570.8187 ConstructConnect Reference ID : From: Patty Burnette <pburnette@cityofokeechobee.com> Sent: Tuesday, October 20, 2020 4:28 PM To: Jan De La Pena<jan.delapena@ConstructConnect.com>; David Allen <dallen@cityofokeechobee.com> Subject: RE: 04-00-09-20 Okeechobee City Hall, Fire Department, and Records Retention Building Painting Project has not been awarded yet. Being discussed at City Council Meeting tonight 10/20/20. Path M. Burnette (j, eneraCServices Coordinator City o. f Okeechobee SS SE 3Yd Avenue Okeechobee, Ef- 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 F) 'Fax: (863) 763-1686 e-mad p6urrtette@citi�ofokeec6obee.corn website: vwvw.ckeechobeexom 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: Jan De La Pena<jan.delapena@ConstructConnect.com> Sent: Tuesday, October 20, 2020 4:39 PM To: David Allen <dallen@cityofokeechobee.com>; Patty Burnette <pburnette@cityofokeechobee.com> Subject: 04-00-09-20 Okeechobee City Hall, Fire Department, and Records Retention Building Painting Good day! I'm with ConstructConnect. Can you provide the awarded contractor and award amount for the above - mentioned project? I would also like to know the anticipated start date, if determined. If you're not familiar with ConstructConnect and would like to know why we collect this data, schedule a time to speak with my manager Patrick Quarry. He can show you our website and answer any questions. Click Here to check his schedule and select a time that works best for you. Thank you for your assistance. Regards, Jan de La Pena Content Specialist tel: 323.602.5079 ext.75180 fax: 866.570.8187 ConstructConnect Reference ID : 5165336 Yesica Montoya From: Sent: Cc: Subject: Attachments: Tracking: Good afternoon, Yesica Montoya Wednesday, September 23, 2020 4:36 PM Patty Burnette Addendum No.1 for Okeechobee City Hall, Fire Department, and Records Retention Building Paining, Project No. PW 04-00-09-20 ADDENDUM NO. 1 OKEECHOBEE CITY HALL FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINTING PW 04-00-09-20.pdf Recipient Patty Burnette lvette@vicspainting.com lori@vicspainting.com brent@onecallprop.com passionpaintsllc@gmail.com tslamar22@yahoo.com big lakepropertymaintenance@gmai sales@sunstatecontractors.com championcoatings@hotmail.com lalmeida@massus.com Delivery Read Delivered: 9/23/2020 4:36 PM Read: 9/23/2020 4:36 PM Please see attached Addendum No.1 for Okeechobee City Hall, Fire Department, and Records Retention Building Paining, Project No. PW 04-00-09-20. If you have any questions or concerns please feel free to contact us. Have a great afternoon. Regards, Yesica Montoya Administrative Secretary 55 SE 3'd Avenue Okeechobee, FL 34974 Phone: (863) 763.33 72 Direct: (863) 763-9824 FAX: (863) 763-1686 Email: ymontoya@cityofokeechobee.com Website: www.cityofokeechobee.com 1 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. ADDENDUM NO. 1 OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING, Project No. PW 04-00-09-20. Issue Date, September 23, 2020 The Exhibit A, Governing Specifications and Exhibit B, Bid Unit Price Schedule for this project are amended as follows: Exhibit A Item 11, Painting Specification has been modified to include a prime/condition coat and a topcoat in addition to the existing elastomeric coating. Exhibit B Bid items 3 and 4 have been revised to reflect the changes to Item 11, Painting Specification of the Governing Specification, Exhibit A. Revised Exhibits A and B are attached. conditions, specifications, and/or failure to correct deficiencies to the satisfaction of CITY representative(s) shall be cause for cancellation of the contract. 5. Guarantee a. A two (2) year guarantee which commences on the date of acceptance against failure of all coatings shall be provided. Failure of any coating during the guarantee period shall be repaired by the CONTRACTOR who shall absorb all costs related to the repair of the coating. As part of this two (2) year guarantee, the CONTRACTOR shall perform an inspection of all painted surfaces at 11 months from date of acceptance with an Owner's representative. All coating failures shall be repaired. The costs of this inspection and any repair services shall be the CONTRACTOR's responsibility. 6. Compliance with Environmental Regulatory Requirements a. CONTRACTOR shall comply with all current federal, state, and local environmental laws and regulations, including, but not limited to the laws and regulations of the U.S. Environmental Protection Agency (USEPA). 7. Manufacturer's Recommendations a. Unless otherwise specified herein, the paint and coating manufacturer's printed recommendations and instructions for thinning, mixing, handling, applying, and protection of his coating materials; for preparation of surfaces for coating; and for all other procedures relative to coating shall be strictly observed. No substitutions or other deviations shall be permitted without written permission of the CITY. 8. Delivery and Storage a. Materials shall be delivered in manufacturer's original, sealed containers, with labels and tags intact. Coating materials and equipment shall be stored in designated areas. Coating containers shall be opened only when required for use. Coating shall be thoroughly stirred or agitated to uniformly smooth consistency and prepared and handled in a manner to prevent deterioration and inclusion of foreign matter. Unless otherwise specified or reviewed, no materials shall be reduced, changed, or used except in accordance with the manufacturer's label or tag on container. 9. Safety Requirements a. In accordance with the requirements of the latest revision OSHA Regulations for Construction, the CONTRACTOR shall provide and require the use of personal protective lifesaving equipment for all persons working in or about the Project site. i. Protective Equipment. Respirators shall be worn by all persons engaged in, and assisting in, spray painting. In addition, workers engaged in or near the Work during sandblasting shall wear eye and face protection devices meeting the requirements of ANSI Z137.1 latest revision, and approved OSHA Regulations for sandblasting operations and approved air -purifying, half -mask or mouthpiece respirator with appropriate filter. ii. Ventilation. Where ventilation is used to control potential exposure to workers as set forth in Section 1910.94 of the OSHA Regulations for Construction, ventilation shall be adequate to reduce the concentration of the air contaminant to the degree that a hazard to the worker does not exist. Methods of ventilation shall meet the requirements set forth in ANSI Z9.2, latest revision. iii. Sound Levels. Whenever the occupational noise exposure exceeds the maximum allowable sound levels as set forth in Table 0-2, Permissible Noise Exposures, in Section 1926.52, of the OSHA Regulations for Construction, ear protective devices shall be furnished and used. Ear protective devices inserted in the ear shall be fitted or determined individually, by competent persons. Plain cotton is not an acceptable protective device. iv. Storage and mixing of coating materials shall be performed only in those areas designated by the Owner. v. Cloths and cotton waste that might constitute a fire hazard shall be placed in closed metal containers or destroyed at the end of each workday. 10. Workmanship a. Skilled craftsmen and experienced supervision shall be used on all Work. b. All paint and coatings shall be applied in a workmanlike manner to produce an even film of specified uniform thickness. Edges, corners, crevices, and joints shall receive special attention to ensure that they have been thoroughly cleaned and that they receive an adequate thickness of paint. The finished surfaces shall be free from runs, drops, ridges, waves, laps, brush marks, and variations in color, texture, and finish. The hiding shall be so complete that the addition of another coat of paint would not increase the hiding. All coats shall be applied to produce a film of uniform thickness. Special attention shall be given to ensure that edges, corners, crevices, welds, and similar areas receive a film thickness equivalent to adjacent areas, and installations shall be protected using drop cloths or other approved precautionary measures. Rough exterior cement plaster shall be spray painted. 11. Painting Specification a. Prime/condition coat. Prior to application of the elastomeric coating, all surfaces shall be primed with appropriate primer/conditioner. CONTRACTOR shall provide the CITY with the primer/conditioner Coating Product Technical Data/Specification sheet for the proposed product to be used for the project. b. Elastomeric Coat. The elastomeric coating used by the CONTRACTOR shall have high volume solids (45-60%) and shall be applied to achieve a wet film thickness of 27-32 mils and a dry film thickness of 10-20 mils. All coating materials shall be from a single manufacturer. CONTRACTOR shall provide the CITY with the elastomeric Coating Product Technical Data/Specification sheet for the proposed product to be used for the project. c. Topcoat. Topcoat shall be applied to all surfaces. Topcoat shall be a high quality Exterior Acrylic Latex paint. CONTRACTOR shall provide the CITY with the topcoat Coating Product Technical Data/Specification sheet for the proposed product to be used for the project. EXHIBIT B BID UNIT PRICE SCHEDULE PW 04-00-09-20 OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING ITEM NO. DESCRIPTION UNIT EST. CITY. UNIT PRICE AMOUNT MEASURE REPAIR STUCCO AND SEAL ALL WALL CRACKS AND MAKE ALL NECESSARY PAINTING PREPARATIONS FOR THE CITY 1 OF OKEECHOBEE CITY HALL, FIRE LUMP SUM 1 DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE, FL 34974. SEAL COAT AND MASK CITY OF OKEECHOBEE CITY SEAL ON THE NORTH WALL OF CITY HALL AND TAKE ALL Z LUMP SUM 1 NECESSARY MEASURES NEEDED TO PROTECTTHE SEAL FROM DAMAGE DURING PAINTING. PAINT THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, OKEECHOBEE FL 34974. 3 LUMP SUM 1 PAINTING SHALL CONSIST OF PRIM COAT, ELASTOMERIC COAT, AND TOPCOAT PER THE GOVERNING SPECIFICATION, EXHIBIT A ITEM 11. PAINT THE CITY OF OKEECHOBEE SEAL MONUMENT BASE AND MARQUEE COLUMNS. PAINTING SHALL CONSIST OF PRIM COAT, ELASTOMERIC COAT, AND 4 TOPCOAT PER THE GOVERNING LUMP SUM 1 SPECIFICATION, EXHIBITA ITEM 11. TRIM AND COLUMN COLORS (2 COLOR) TO MATCH COLORS SELECTED ITEM 3 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. The CONTRACTOR should read the special conditions and the requirements for insurance before submitting a Bid. The CONTRACTOR should verify the quantities to be included in the construction contract. The CONTRACTOR shall furnish the City of Okeechobee with a Payment and Performance Bond in 100 percent (100%) of the total estimated amount of the contract. The Payment and Performance Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The CONTRACTOR in his Bid shall include the cost of said bond. I have attached the required 5 percent (5%) Bid Security to this Bid. Bidder: Date: (Company Name) By: Title: (Signature) Email: (Printed Name) Mailing Address: Office Number: Fax Number: EXHIBIT A GOVERNING SPECIFICATIONS Painting Service: Shall include, but not to be limited to: 1. Paint work shall include: a. All outdoor surface areas including exposed piping, conduits and all exposed outdoor surfaces with the exception of unpainted existing window and door frames and trim, directional signage, and door access locks and switches. b. All unpainted surfaces such as signs and door access locks and switches will either be masked or temporarily removed to avoid paint application to those surfaces. CONTRACTOR shall be responsible for the proper reinstallation of any items removed for painting. c. Landscape, walkway, porches and all other building features will be protected from paint and damage from scaffolds, ladders or other equipment during the painting process. 2. Building Access a. CONTRACTOR shall always maintain public access to the building during the normal hours of operation, Monday through Friday, 8:00 am to 4:30 pm. b. Contractor may temporarily block access to one building entrance at a time to paint the adjacent surfaces. Access to the blocked doors shall be restored as soon as possible to minimize impact to building staff and the public 3. Cleanup a. CONTRACTOR is to remove all trash, and all other debris before they leave the site daily. Any tools, equipment, or materials to be stored on the site must be secured daily in a locked trailer or other enclosed storage device. The vendor may use no more than one parking space located parking lot adjacent to the East of City Hall. Location of the storage trailer or any other on -site storage must be approved by the CITY'S Public Works Director. b. Upon completion of the Work, staging, scaffolding, and containers shall be removed from the site or destroyed in an approved manner. Paint spots, oil, or stains upon adjacent surfaces shall be removed. 4. Supervision a. CONTRACTOR shall provide an adequate number of trained qualified supervisors capable of providing adequate supervision to accomplish the services. b. Each supervisor, to the satisfaction of the CITY'S representative(s), shall be capable of verbal and written communication in the English language and shall be able to adequately communicate with service workers. c. The CITY representative(s) may request the vendor to remove any supervisor if it is determined that the individual is not performing the services as seen appropriate by the CITY. d. The supervisor shall be available for site inspections, as required by the CITY representative, to review maintenance procedures and practices under the contract. Deficiencies in procedures and practices shall be corrected to the satisfaction of the CITY'S representative(s). Failure to comply with terms and 81a(o -F6,-Way- � C�a l tv ace 4 fiv Patty Burnette From: Leonardo Almeida <lalmeida@massus.com> Sent: Tuesday, August 25, 2020 6:47 PM To: Patty Burnette Subject: Proposal MID AMERICA METAL REFINISHING > STONE REFINISHING > WOOD REFINISHING { ,,� GLASS REFINISHING > FACADE RESTORATION > GROUT REFINISHING > Hi Patty, I'm reaching out to see if you're in need of a proposal for the services below. Please let me know if you need some more Before and After images of our work. Is there anything I can help you with? 1. Metal Refinishing & Restoration (Elevators, Building Entrances, Signs, Handrails, Guardrails, Window Mullions, Door handles, Awning, signs and painting etc.) 2. Glass Polishing (Hard Water stains, Storm damage, and construction damage, etc.) 3. Fagade Restoration (Fagade Cleaning, Painting, Power Washing, Swing stage work, etc.) 4. Wood Refinishing & Restoration (Elevator Panels, Conference tables, Doors, Millwork, etc.) 5. Natural Stone Restoration & Tile Cleaning (Marble, Granite, Terrazzo, Tile floors, vanities, etc.) 6. Building Exterior (Sidewalks, Parking lots brick, Concrete, Metal Awning and signs. MID AM ERICA Whether it's part of a renovation project, historic restoration or a regular maintenance program, Mid America Specialty Services is a one -stop -shop for all interior and facade restoration services. Cleaning & Polishing Scratch Removal & Toaeh�Ups Painting, Dxrdizing 8 Protective Coatings Elevators- Doors, Railings. Signage i Plaques Touch�Ups Strip & Recoat finish Changes Doors, Panels Railings, Furniture Honing & Polishing Chip 8 Crack Repair w' Slip Resistant Coatings K Sealers Marble Granite Terrazzo. Concrete lllilili i l l t rt _ a Class Pohsbing Hard Water Removal a Streaks & Etching Removal Windows, Curtain Walls, Doors Storefronts i x: Metal Facade Cleaning & Restoration Stone Facade Cleaning & Sealing Facade 8 Window Frame Painting S»ing Stage Work 2 J, MID AMERICA Overtime, lots of t,tt tors will ai,uon and ,k drr:. • facade surfaces. These mdude sunlight, rain, car exhaust and other hazards. We have developed special processes to clean and restore your facade to like -new condition while also adding a layer of tstotectiorn Aluminum Composite Panels Stainless Steel Faaory Coated Finishes r' limestone. Granite & Other Stone wn 9 ` MIA. v�� c �MWIN 3 L.,, MID AMERICA : Afalsial" REFINISHING Architectural metal surfaces can really help a building stand out but even these durable surfaces require occasional care Stainless Steel Bronze & Brass Aluminum Copper Cleanmp & Polrshmp Vandalism & Scratch Removal Historic Restoration Oxidizing K Finish Conversions Painting 8 High Pertornrance Coatinps Sirrurlated Stainless Steel Conversion [,,, MID AMERICA Traditional window washing will not remove hard water deposits and etching caused by the elements and building run off. With a series of abrasive materials, the surface Is ca,efully polished clear. Windor;s Storefronts Curtain Wails a Building Entrances Hazy and dirty anodized aluminum window frames can often be restored to their original color and luster. Combine our glass and window services to give your building facade a complete refresh. Leonardo Almeida Account Representative (m) 239-339-3468 1 (o) 800-544-4576 Ialmeida()massus.com ' � 01� � �1 t9 4 a �I� till E massus.com Leonardo Almelda Account Representative a (m) 239-339-3468 (o) 800-544-4576 q Ialmeida@massus.com [-,I-: massus.com X Patty Burnette From: City Attorney Sent: Monday, August 24, 2020 11:21 AM To: Patty Burnette; David Allen Cc: Yesica Montoya Subject: Invitation to Bid - Painting Attachments: 20200824105821240.pdf Patty and David - Here are my comments on the bid for Painting. See attached. Also please add this paragraph to page 14. 1. Public Entity Crimes. CONTRACTOR acknowledges and attests that neither he, nor any of his suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CITY, is a convicted vendor as described in Section 287.133, Florida Statutes. CONTRACTOR further understands and accepts that this CONTRACT shall be either voidable by the CITY or subject to immediate termination by the CITY, in the event there is any misrepresentation or lack of compliance with the requirements of Section 287.133, Florida Statutes. The CITY, in the event of such termination, shall not incur any liability to the CONTRACTOR for any work or materials furnished. Carlyn CITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING No. PW 02-11-07-20 OPENING DATE AND TIME: July 22, 2020 at 3:00 P.M. LL „ p �- -o 915 Prepared by David Allen, Public Works Director Dated: July 2, 2020 CITY OF OKEECHOBEE CITY COUNCIL proceeding arising out of or relating to this Contract and the transactions it contemplates. This waiver applies to an action or legal proceeding, whether sounding in contract, tort or otherwise. 9.4 No Discrimination 9.5 rr 1� 7 Gnu Contractor and its agents will not discriminate against any person on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this Contract. No Lobbying Pursuant to C C 216.347, F.S., the Contractor is prohibited from the expenditure of any funds under this Contract to lobby the Legislature, the judicial branch or another state agency. E-Verify CONTRACTOR has verified that its employees are authorized to work in the U.S, and certifies that a good faith effort has been made to properly identify employees by timely reviewing and completing appropriate documentation, including but not limited to the Department of Homeland Security, U.S. Citizenship, and Immigration Services Form 1-9. Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E- Verify website: www.uscis.gov/e-verify. CONTRACTOR shall expressly require any subcontractors performing work or providing services pursuant to this contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Contractor's Duties Regarding Public Records A. r' VrC _tl T / City of Okeechobee Public Works Department Contractor must provide public access to all records concerning this Contract according to applicable Florida laws including Chapter 119, Florida Statutes. If Contractor asserts any exemptions to Florida's public records laws, Contractor has the burden of establishing and defending the exemption. Contractor's failure to comply with this section is a breach of this Contract. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the CONTRACTOR to establish an in-house policy in eference to such records, and to identify and retain such ommunications in the normal course of business in the event a request i made to produce these records. If the CONTRACTOR has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor's Duty to provide public records relating to this contract, contact the Custodian of Public Records at telephone number: (863) 763-3372, ext. 9814, email address: Igamiotea(cDcityofokeechobee.com, and mailing address: 55 SE THIRD ,AVE, OKEECHOBEE FL, 34974. Project No. PW 02-11-07-20 14 ATTACHMENT B PW 02-11-07-20 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 Project No. PW 02-11-07-20 Public Works Department 25 certify that all information contained in my proposal is truthful to the best of my knowledge a belief. I further certify that I am duly authorized to submit this proposal on behalf of t Company as its agent and that the Company is ready, willing and able to perform if awardec contract. ATTACHMENT C PW 02-11-07-20 PROPOSER'S CERTIFICATION I have carefully examined this Request for Bid (BID)/Request for Proposals (RFP)/ Request for Qualifications (RFQ), which includes scope, requirements for submission, general information and the evaluation and award process. I acknowledge receipt of the following addenda. Addendum # Date: 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, ua6&&a=Jaroparly com ted--Ex p io-13tD/RF-PfRFQ form is subm+tted:4-aeknowfedge-that he-C-ity-may-nu- aec�pt thy -proposal daeto-arry exceptio— e a ,l I further certify, under oath, that this proposal is made without prior understanding, agreement, v 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 n by the Bidder or anyone on its behalf to gain favorable treatment concerning this procurement; `w 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 d' 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 before me by means of U physical presence or ❑ online notarization, this day of 20_ by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 26 Patty Burnette From: Carlyn H. Kowalsky <CKowalsky@nasonyeager.com> Sent: Monday, August 24, 2020 11:33 AM To: Patty Burnette; David Allen; Yesica Montoya Subject: Bid for Painting Attachments: BID BOND.docx Please use this Bid Bond form for the Painting Bid. Carlyn Carlyn H. Kowalsky Attorney at Law Email: CKowalskygnasonyeager.com Tel: 561-982-7114 1 Fax: 561-982-7116 Mobile: 561-248-3922 Profile vCard NasonYed"Per A[ IO NLY5 AT LAW LIt. 1960 750 Park of Commerce Blvd., Suite 210 1 Boca Raton I FI www.nasonyeacier.com The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect) and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. WIRE FRAUD ADVISORY: Due to the increased risk associated with wire fraud and e-mail hacking and phishing attacks, in the event you receive an e-mail from Nason Yeager containing wire transfer instructions, please call Nason Yeager using previously known contact information and NOT information provided in the email, to verify the information contained within said wire transfer instructions prior to sending funds pursuant to such wire transfer instructions. Think Green! Please do not print this e-mail unless absolutely necessary. From: Carlyn H. Kowalsky Sent: Monday, July 27, 2020 11:31 AM To: 'CityAtto rney @ cityofokeecho bee. com' <CityAtto rney@ cityofokeec ho bee. co m>; Patty Burnette <pburnette@cityofokeechobee.com>; David Allen <dallen@cityofokeechobee.com> Subject: Sidewalk Bid Okeechobee Patty and David — Attached are the following documents: 1. Revisions to Sidewalk and Roadway Improvements RFB 2. Revised Bid Bond 3. New text to insert in contract concerning Bond Requirements 4. Payment Bond, Performance Bond, and Surety Affidavit In an earlier email Patty had asked a question about the Performance Bond. That caused me to look at all of the bond and insurance requirements in the contract. So, I have included new forms and contract language to address that. These are the forms we used at SFWMD based on the nationally accepted forms created by the EJCDC (Engineers Joint Contract Document Committee). Below is my suggested outline for the Agreement. I can put everything in order once we discuss it. Agreement for Services 1. Scope of Work 2. Public Works Director 3. Contract Time 4. Contract Price s. Measurement and Payment 6. Contractor's Representations 7. Early Terminations s. Contract Documents 9. Punchlist Procedures Zo. Bonds and Insurance 11. General Provisions I suggest that we set up a time to go over all of this with David. I can be available tomorrow any time. Let me know what works for you all. Wednesday is busy for me, but otherwise I am fairly open any day this week. - Carlyn This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.coi-n /a BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and , as Surety, are held and firmly bound unto the City of Okeechobee (the "City"), in the penal sum of $ lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated , 20 , for the Contract Documents: Contract Title: Contract Number: NOW, THEREFORE, 1. If the Principal, a. Within seven (7) business days after the date of the Notice of Apparent Low Bidder, provides a Statutory Payment Bond and a Common Law Performance Bond as specified in the General Terms & Conditions or, in lieu of the Statutory Payment Bond or Common Law Performance Bond, provides an alternate form of security as specified in the Contract Documents; and provides the insurance certificate required under the Contract Documents, completed by a lawfully authorized insurance agent; and b. Within seven (7) business days of receipt of the Contract Documents, enters into a written contract with the City, in accordance with the Bid, as accepted, then the above obligations of the Principal and Surety shall be null and void. 2. However, should the Principal fail to fully comply with the conditions of paragraph 1 above, then the Principal and Surety, jointly and severally, shall be liable to the City for the full penal sum of this Bond which shall be forfeited to the City as liquidated damage, but not a penalty, as a result of the Principal's failure to comply with the bid instructions and conditions, regardless of whether the City ultimately decides to change the project requirements or resolicit bids. 3. The remedies provided herein are not to be construed as the City's exclusive remedies for the Principal's failure to enter into a contract with the City, but shall be deemed supplemental to all remedies available to the City at law or otherwise. DATED ON , 20 Bid Bond for Contract No. page 1 of 2 FOR NON -CORPORATE BIDDERS: (Witness) (Print Name) (Witness) (Print Name) FOR CORPORATE BIDDERS: ATTEST: Secretary SURETY: ATTEST: (Corporate Seal) Secretary By: (Signature of Principal) (Print Name and Title) Business Address (Signature of Corporate Principal) (Print Name and Title) Business Address (Corporate Surety) (Print Name and Title) Business Address Florida Address for Service of Process Telephone Number (Surety shall provide evidence of signature authority such as a certified copy of Power of Attorney.) Bid Bond for Contract No. Page 2 of 2 Patty Burnette From: Patty Burnette Sent: Tuesday, July 14, 2020 2:20 PM To: City Attorney Cc: Marcos Montes De Oca; Robin Brock; David Allen; Kay Matchett (kmatchett@cityofokeechobee.com); Yesica Montoya (ymontoya@cityofokeechobee.com) Subject: Bid for Painting of CH, FD and Records Building Attachments: City Hall Painting BID DOCUMENT Patty - Rev 200714.doc Importance: High Hi Carlyn, Attached is another bid for your review. I am not sure whether the Performance Bond information should be included in the packet or not. Not included in the previous bid I sent you for the Sidewalk and Roadway Concrete Improvements either. Thank you Patty M. Burnette Cj, eneraCServices Coordinator City o, f Okeechobee 55 SE 3,d Avenue Okeechobee, FL 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Fax: (863) 763-1686 e-maid: vburiiette(�citUofokeechobee.con i website: www.cittiiofokeechobee.com 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 ELECTRONIC DEVICE 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 Patty Burnette From: Patty Burnette Sent: Thursday, July 9, 2020 4:26 PM To: David Allen; Kay Matchett; Marcos Montes De Oca; Jeff Newell Cc: Robin Brock; Yesica Montoya (ymontoya@cityofokeechobee.com) Subject: RE: City hall Painting Bid Doc David, Jeff reviewed this and is good with everything. Path 1Vi'. Burnette generafServices Coordinator City of Okeechobee SS SE 3"" Avenue Okeechobee, El 34974 Phone: (863) 763-3372 ext. 9820 Direct. (863) 763-9820 Fax: (863) 763-1686 e-maiC b6urriette@cirvofokeechobee.com website: wwwxiri, ofokeecFio6ee.com 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 ELECTRONIC DEVICE 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 correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure. From: David Allen <daIle n@cityofokeechobee.com> Sent: Thursday, July 2, 2020 3:58 PM To: Kay Matchett <kmatchett@cityofokeechobee.com>; Patty Burnette <pburnette@cityofokeechobee.com>; Marcos Montes De Oca <mmontesdeoca@cityofokeechobee.com>; Jeff Newell <jnewell@cityofokeechobee.com> Cc: Robin Brock <rbrock@cityofokeechobee.com> Subject: City hall Painting Bid Doc I have attached the City Hall Complex Painting bid doc for your review. Marcos/Jeff I would especially appreciate your comments on Exhibits A and B, the governing specification and unit bid portions of the agreement: Please provide your comments ASAP, I would like to get this to the attorney next week for final review. Thanks, David Allen Public Works Director City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 Phone: (863) 763-3926 Fax: (863) 763-1686 Ce fC? Oke hobee 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. A CITY OF OKEECHOBEE INVITATION TO BID OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING No. PW 02-11-07-20 OPENING DATE AND TIME: July 22, 2020 at 3:00 P.M. Prepared by David Allen, Public Works Director Dated: July 2, 2020 CITY OF OKEECHOBEE CITY COUNCIL Bids No. IPW 02-11-07-20 OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETEN1f ION BUILDING PAINTING DOWLING R. WATFORD, JR., MAYOR WES ABNEY MONICA CLARK BOB JARRIEL BOBBY KEEFE MARC:OS MONTES DE OCA, CITY ADMINISTRATOR TABLE OF CONTENTS PW 02-11-07-20 Invitation to Bid Advertisement Form 1 Section I General Information 2 Section II Submission Requirements 3 Section III Bid Documentation 4-5 Section IN/ Minimum Qualification for Bidders 6 Section V Bonding and Insurance Requirements 7-10 Section VI Rejection of Bid 11 Section VII Agreement for Services 12-32 Section VIII Miscellaneous 23-24 Attachments: A No Lobbying Affidavit 25 B Anti -Collusion Statement and No Gift Statement 26 C Proposer's Certification 27 D Sworn Statement Pursuant to Section 287.133(2)(a), FL § on Public Entity Crimes 28-29 E Conflict of Interest Disclosure Form 30 F Immigration Law Certification 31 G Drug -Free Workplace Certification 32 H Reference Form 33 INVITATION TO BID NO. PW 02-11-07-20 OKEECHOBEE CITY HIALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING Opening Date and Time: July 22, 2020, 3:00 PM The City of Okeechobee, Florida is currently soliciting bids for painting the Okeechobee City Hall, Fire Department, and Records Retention buildings located at 55 SE 3rd Avenue, Okeechobee FL 34974.. Sealed bids must be received within the General Services Department at City Hall, 55 SE 3rd Avenue, Rm 101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Wednesday, July 22, 2020. 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. Product specifications are available in the Bid Packets that may be obtained on the City's website: www.citvofokeechobee.com/contractiac-opportunities.html, or from the General Services Department at City Hall during normal office hours, Mon -Fri, 8 AM-4:30 PM, except holidays, or by contacting Patty Burnette, 863-763-3372 x 9820, or via email at pburnette@cityofokeechobee.com. Questions concerning the scope of work are to be directed to Public Works Director David Allen, 863-763-9*790, or dallen cDcityofokeechobee.com NOTE: Bonding Requirements Apply to this Bid Opportunity. Bid 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 02-11-07- 20 OKEEC:HOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING, 7-22-20, 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. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 1 SECTION I PW 02-11-07-20 GENERAL INFORMATION All responses which comply with the requirements of this Bid will be considered. Submittals must be made in the official name of the Firm or Individual under which business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the person, Partnership, Company, or Corporation submitting the response to this Bid. Two clearly identified originals and one copy of your bid submittal are required. Bid submittals will be received by the General Services Department until 3:00 p.m. on July 22, 2020. Bid 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. Bids received after the date and time specified above shall be returned to the sender unopened. Facsimile or emailed bids will not be accepted. All bids shall remain in effect for a period of ninety (90) days after the last day on which bids must be submitted. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 2 SECTION II P'W 02-11-07-20 SUBMISSION REQUIREMENTS The bidder shall submit two (2) original clearly identified originals and one copy of the following; 1. Bid Documentation Form (Section III) 2. Minimum Qualifications for Bidders Form (Section IV) and three (3) references (Attachment H) 3. Bid Bond 4. Bid Unit Price Schedule (Section VII, Exhibit B) 5. Elastomeric Coating Product Technical Data/Specification sheet for the proposed product to be used for the project. In addition to the above, please complete the following forms that must be returned with your bid: Attachment A — No Lobbying Affidavit Attachment B — Anti Collusion Statement and No 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 02-11-07-20 Public Works Department 3 SECTION III PW 02-11-07-20 BID DOCUMENTATION City Council City of Okeechobee 55 S.E. 3rd Avenue Okeechobee, FL 34974 (BIDDER'S COMPANY NAME) I have received the documents titled OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING, Project No. PW 02-11-07-20. 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, or until ninety (90) days after Bids are opened, whichever is longer. 2. Regarding the Disposition of Bid Security: to accept the provisions of the Instructions to the Bidders 3. To accomplish the work included in, and in accordance with the Contract Documents, if this Bid is accepted. 4. To start work within 30 days following the date of the Notice to Proceed. And complete the work within 30 days of start of work. 6. Payment will be made upon invoice within thirty (30) days and final inspection and approval of the work by the City's Public Works Director. NOTE: The City shall not be liable to pay interest on any unpaid balance. Vendor is solely responsible for all taxes, withholding, or social security obligations. Payment for new plantings and mulch will be paid on a unit price basis as reflected in the Bid Schedule of Unit Prices, Exhibit B of the Agreement for Services. 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. Bidder: (Company Name) (Signature) Title: Date: City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 4 (Printed Name) Mailing Address: Office Number: Email: Fax Number: City of Okeechobee Public Works Department Project No. PW 02-11-07-20 SECTION IV PW 02-11-07-20 MINIMUM QUALIFICATIONS FOR BIDDERS Minimurn Qualifications: 1.0 Experience 1.1 Bidder must have at least 3 years of experience in providing painting services to either commercial or governmental entities. 2.0 References 2.1 Bidder must provide at least 3 verifiable references of similar prior painting projects including multi story, stucco structures. 2.2 For references, Bidder shall provide the client name, client phone number, and client e-mail address. 2.3 Bidder shall provide a written description of the services performed in sufficient detail as they directly relate to the work of this Request for Bid. The description shall include the dates of the period that the Bidder provided the services as well as the contractual amount of the services provided. 2.4 The City shall have, in its sole discretion, may reject any and all bids if it is not able to verify the references provided. 3.0 Bidder certifies that 3.1 Bidder has been in business for at least 3 years or more 3.2 Bidder has successfully completed at least 12 commercial or governmental painting projects within the last three years. 3.3 Bidder has never failed to complete work awarded under a contract due to circumstances that were inside the control of the contractor. Bidder: (Company Name) is (Signature) (Printed Name) Mailing Address: Office Number: Date: Title: Email: Fax Number: City of Ok:eechobee Project No. PW 02-11-07-20 Public Works Department 6 SECTION V PW 02-11-07-20 BONDING AND INSURANCE REQUIREMENTS BID BOND A certified check, cashier's check or bank officer's check, for the sum set forth in the advertisernent, 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. 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 [CONTRACTOR], its officers, agents or employees in performance or non-performance of its obligations under the Agreement. [CONTRACTOR] recognizes the broad nature of this indemnification and hold harmless clause, as well as the provision of a legal defense to the City 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. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 7 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 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) (C:ontractorNendor) 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 prernises shall be included at $100,000.00. Commercial Automobile Liability Insurance (ContractorNendor) shall maintain automobile liability insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non -owned autos). The policy shall be endorsed to provide contractual liability coverage. Nothing herein shall be construed to extend the City of Okeechobee's liability beyond that provided in F.S. 768.28, Florida Statutes. Will need to be completed. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 8 BID BOND KNOW ALL MEN THESE PRESENTS, that we as Principal, and as surety, are firmly bound unto the City Council, City of Okeechobee, Florida, hereinafter called the Owner in the sum of dollars ($ being 5 percent (5%) of the attached maximum Bid amount of dollars ($ ) the payment of which sum well and truly to be made, the said Principal and the said surety, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a Bid for OKEECHOBEE CITY HALL, FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINTING Bid No. PW 02- 1 E -07-20 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 120. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 9 FOR CORPORATE BIDDERS: WITNESS: FOR NON -CORPORATE BIDDERS: WITNESS: (Principal) (Seal) By Title Surety By (Seal) Typed Name Address (Principal) (Secd) By Title Surety By (seal) Typed Name Address City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 10 SECTION VI PW 02-11-07-20 REJECTION OF BIDS The City may reject a Bid if: a. The Bidder conceals any material fact in the bid. b. The Bid does not strictly conform to the law or requirements of this solicitation. C. The City may, however, reject any or all Bids, whenever it is deemed in the best interest of the City to do so and may reject any part of a Bid. The City may also waive any minor informalities or irregularities in any Bid. 2. Bid Protest Procedure: a. Any Bidder that has submitted a formal bid to City of Okeechobee, and who is adversely affected by the decision with respect to the award of the formal bid, may file with the City Administrator's Office, City of Okeechobee, 55 S.E. 3ra Avenue, Okeechobee, FL 34974, a written Protest no later than forty-eight (48) hours (excluding Saturdays, Sundays and Legal Holidays) of the decision of the City of Okeechobee City Council to award the bid. b. The "Notice of Intent to File a 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 bid to the City Council for a final determination of the protest. City of Okeechobee Public Works Department 11 Project No. PW 02-11-07-20 SECTION VII PW 02-11-07-20 AGREEMENT FOR SERVICES This AGREEMENT is dated as of the day of in the year 20_., between the City of Okeechobee (CITY) and (CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. SCOPE OF WORK The following Exhibits are attached and are a part of this Agreement. Exhibit A — Governing Specifications Exhibit B — Bid Unit Price Schedule The Work is described as follows: Painting of the Okeechobee City Hall, Fire Department, and Records Retention Buildings. Painting will be performed as described in Exhibit A, Governing Specifications at the following locations: City Hall and City Fire Department, and Records Retention buildings: 55 Southeast 3rd Avenue, Okeechobee FL 34974. ARTICLE 2. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall mean: City of Okeechobee Public Works Director 55 S.E. 3Id Avenue Okeechobee, FL 34974 ARTICLE 3. CONTRACT TIME 3.1 This contract will be in force for a period of sixty (60) days from the issuance of the Notice to Proceed by the CITY to the CONTRACTOR. ARTICLE 4. CONTRACT PRICE 4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the unit prices listed in Exhibit B 4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or adjustments in the work made in accordance with the General Conditions, based on the unit prices indicated on the Bid form. ARTICLE 5. MEASUREMENT AND PAYMENT 5.1 The City will not pay for any item that is not specifically set forth in the Bid Schedule. 5.2 The total Unit Bid Price for each project shall cover all work required by the Contract Documents. All costs in connection with the proper and successful completion of the City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 12 work, including furnishings all materials, equipment, supplies, and appurtenances; providing all construction equipment, and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the Unit Bid prices. All related and necessary work not specifically set forth as a pay item in the Bid shall be considered a subsidiary obligation of CONTRACTOR and all costs in connection therewith shall be included. 5.3 Payment for all work done in compliance with the Contract Documents, inclusive Of furnishings all manpower, equipment, materials, and performance of all operations relative to construction of this project, will be made under the Unit Bid Price. 5.4 Contractor shall submit Applications for Payment within thirty (30) days of final approval of work by the CITY's Public Works Director. The invoice will be processed through our regular cycle with payment usually made by the end of the following month. The City shall not be liable to pay interest on any unpaid balance. Vendor is solely responsible for all taxes, withholding, or social security obligations 5.5 All work shown on the drawings as outlined in the specifications is to be completed in all respE�cts and the cost of all miscellaneous and associated work to any specific items shall be included in the Unit Prices. 5.6 The CONTRACTOR shall furnish the Public Works Director whatever assistance is required, laborers, clerks and records that will enable the Public Works Director to expeditiously check all estimates and especially the final quantities of the project. ARTICLE 6. CONTRACTOR'S REPRESENTATIONS In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents. Work locality, weather, and with all local conditions and federal, state, and local laws ordinances, rules, policies, and regulations that in any manner affect cost, progress, or performance of the work. 6.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions of the site or otherwise affecting cost, progress, or performance of the work which were relied upon by the Public Works Director in the preparation of the Drawings and Specifications. 6.3 CONTRACTOR has made or caused to be made examinations, investigations, and tests, and studies of such reports and related data, in addition to those referred to in Paragraph 6.2 above as he deems necessary for the performance of the work at the contract price, within the contract time, and in accordance with the other terms and conditions of the contract documents, and no additional examinations, investigations, tests, reports or similar data are/or will be required by the CONTRACTOR for such purposes. 6.4 CONTRACTOR has correlated results of such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the contract documents. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 13 6.5 CONTRACTOR has given Public Works Director written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents, and the written resolution thereof by Public Works Director is acceptable to the contract. ARTICLE 7. EARLY TERMINATION 7.1 Should CONTRACTOR violate any provision of this contract, or if the level of service and performance being provided by CONTRACTOR does not meet the expectations of the CITY after providing attempts at curing such defects, the CITY may cancel this contract upon thirty (30) days written notice to CONTRACTOR without further liability therefore. ARTICLE 8. CONTRACT DOCUMENTS The contract documents which comprise the entire agreement between the CITY and the CONTRACTOR are made a part hereof and consist of the following: • This Agreement • Certificates of Insurance • Payment Bond and Performance Bond • Notice of Award • Notices to Proceed • General Conditions • Governing Specifications attached as Exhibit Addenda numbers 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, Bid Forms, Payment and Performance Bonds, and Application for Payment. There are no contract documents other than those listed above in this Article 8. The contract documents may only be altered, amended, or replaced by a modification (as defined in Section 1 of the general conditions). ARTICLE 9. GENERAL PROVISIONS 9.1 Compliance with Laws The Contractor, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws, regulations, and requirements relating to the performance of this Contract. 9.2 Applicable Laws and Venue The laws of the State of Florida shall govern all aspects of this Contract. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 9.3 Waiver of Jury Trial City of Okeechobee Public Works Department 14 Project No. PW 02-11-07-20 Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to this Contract and the transactions it contemplates. This waiver applies to an action or legal proceeding, whether sounding in contract, tort or otherwise. 9.4 No Discrimination Contractor and its agents will not discriminate against any person on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this Contract. 9.5 No Lobbying Pursuant to Chapter 216.347, F.S., the Contractor is prohibited from the expenditure of any funds under this Contract to lobby the Legislature, the judicial branch or another state agency. 9.6 E-Verify CONTRACTOR has verified that its employees are authorized to work in the U.S. and certifies that a good faith effort has been made to properly identify employees by timely reviewing and completing appropriate documentation, including but not limited to the Department of Homeland Security, U.S. Citizenship, and Immigration Services Form 1-9. Answers to questions regarding E-Verify as well as instructions on enrollment may be found at the E-Verify website: www.uscis.gov>e-verify. CONTRACTOR shall expressly require any subcontractors performing work or providing services pursuant to this contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 9.7 Contractor's Duties Regarding Public Records A. Compliance with Florida Laws Contractor must provide public access to all records concerning this Contract according to applicable Florida laws including Chapter 119, Florida Statutes. If Contractor asserts any exemptions to Florida's public records laws, Contractor has the burden of establishing and defending the exemption. Contractor's failure to comply with this section is a breach of this Contract. The records subject to Chapter 119 may include, in addition to prepared documents, such communication as e-mails, text messages, inter -office memorandums, social media, and photographs or images; a person or entity may request public records via e-mail, or by oral or written request, and a response to such a request must be prompt; it is the responsibility of the CONTRACTOR to establish an in-house policy in reference to such records, and to identify and retain such communications in the normal course of business in the event a request is made to produce these records. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER (863) 763-3372 Ext 9814, EMAIL ADDRESS Igamiotea@cityofokeechobee.com AND MAILING ADDRESS: 55 SE THIRD AVE, OKEECHOBEE FL, 34974. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 15 9.8 No Third -Party Beneficiaries This Contract is solely for the benefit of the Contractor and the City. No person or entity other than the Contractor or the City shall have any rights or privileges under this Contract in any capacity whatsoever, either as third -party beneficiary or otherwise. 9.9 Assignment Contractor shall not assign, delegate, sublease or otherwise transfer any portion of its rights and obligations as set forth in this Contract without prior written consent of the City. Any attempted assignment in violation of this provision shall be void. 9.10 Waiver No waiver of any term of this Contract constitutes a waiver of any other provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver. No waiver is binding unless signed in writing by the waiving party. 9.11 Severability If any term of this Contract is for any reason invalid or unenforceable, the rest of the Contract remains fully valid and enforceable. 9.12 Entire Contract This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreement, representations, and undertaking. No supplement, modification, or amendment of this agreement will be binding unless it is in writing and signed by both parties. 9.13 Interpretation Unless the context requires otherwise: The term "including" contemplates "including but not limited to." 9.14 Survival All provisions of this Contract which by their terms bind either party after the expiration or termination of this Contract shall survive the expiration or termination of this Contract. 9.15 Force Majeure Notwithstanding any provisions of this Contract to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Contract that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government; riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance or as a result of such circumstances, but this Contract shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this Contract specifies that performance by the Contractor is specifically required during the occurrence of any of the events herein mentioned. City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 16 IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At least one (1) 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 (3amiotea, CIVIC, CITY Clerk Attest: Addresses for giving notices: CITY City of Okeechobee 55 SE 3Id 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. Carlyn H. Kowalsky, Attorney City of Okeechobee Public Works Department 17 Project No. PW 02-11-07-20 EXHIBIT A GOVERNING SPECIFICATIONS Painting Service: Shall include, but not to be limited to: 1. Paint work shall include: a. All outdoor surface areas including exposed piping, conduits and all exposed outdoor surfaces with the exception of unpainted existing window and door frames and trim, directional signage, and door access locks and switches. b. All unpainted surfaces such as signs and door access locks and switches will either be masked or temporarily removed to avoid paint application to those surfaces. CONTRACTOR shall be responsible for the proper reinstallation of any items removed for painting. c. Landscape, walkway, porches and all other building features will be protected from paint and damage from scaffolds, ladders or other equipment during the painting process. 2. Building Access a. CONTRACTOR shall maintain public access to the building at all times during the normal hours of operation, Monday through Friday, 8:00 am to 4:30 pm. b. Contractor may temporarily block access to one building entrance at a time to paint the adjacent surfaces. Access to the blocked doors shall be restored as soon as possible to minimize impact to building staff and the public 3. Clean up a. CONTRACTOR is to remove all trash, and all other debris before they leave the site daily. Any tools, equipment, or materials to be stored on the site must be secured daily in a locked trailer or other enclosed storage device. The vendor may use no more than one parking space located parking lot adjacent to the East of City Hall. Location of the storage trailer or any other on -site storage must be approved by the CITY'S Public Works Director. b. Upon completion of the Work, staging, scaffolding, and containers shall be removed from the site or destroyed in an approved manner. Paint spots, oil, or stains upon adjacent surfaces shall be removed. 4. Supervision a. CONTRACTOR shall provide an adequate number of trained qualified supervisors capable of providing adequate supervision to accomplish the services. b. Each supervisor, to the satisfaction of the CITY'S representative(s), shall be capable of verbal and written communication in the English language and shall be able to adequately communicate with service workers. c. The CITY representative(s) may request the vendor to remove any supervisor if it is determined that the individual is not performing the services as seen appropriate by the CITY. d. The supervisor shall be available for site inspections, as required by the CITY representative, to review maintenance procedures and practices under the contract. Deficiencies in procedures and practices shall be corrected to the City of Okeechobee Public Works Department 18 Project No. PW 02-11-07-20 satisfaction of the CITY'S representative(s). Failure to comply with terms and conditions, specifications, and/or failure to correct deficiencies to the satisfaction of CITY representative(s) shall be cause for cancellation of the contract. 5. Guarantee a. A two (2) year guarantee which commences on the date of acceptance against failure of all coatings shall be provided. Failure of any coating during the guarantee period shall be repaired by the CONTRACTOR who shall absorb all costs related to the repair of the coating. As part of this two (2) year guarantee, the CONTRACTOR shall perform an inspection of all painted surfaces at 11 months from date of acceptance with an Owner's representative. All coating failures shall be repaired. The costs of this inspection and any repair services shall be the CONTRACTOR's responsibility. 6. COMPLIANCE WITH ENVIRONMENTAL REGULATORY REQUIREMENTS a. CONTRACTOR shall comply with all current federal, state, and local environmental laws and regulations, including, but not limited to the laws and regulations of the U.S. Environmental Protection Agency (USEPA). 7. MANUFACTURER'S RECOMMENDATIONS a. Unless otherwise specified herein, the paint and coating manufacturer's printed recommendations and instructions for thinning, mixing, handling, applying, and protection of his coating materials; for preparation of surfaces for coating; and for all other procedures relative to coating shall be strictly observed. No substitutions or other deviations shall be permitted without written permission of the CITY. 8. DELIVERY AND STORAGE a. Materials shall be delivered in manufacturer's original, sealed containers, with labels and tags intact. Coating materials and equipment shall be stored in designated areas. Coating containers shall be opened only when required for use. Coating shall be thoroughly stirred or agitated to uniformly smooth consistency and prepared and handled in a manner to prevent deterioration and inclusion of foreign matter. Unless otherwise specified or reviewed, no materials shall be reduced, changed, or used except in accordance with the manufacturer's label or tag on container. 9. SAFETY REQUIREMENTS a. In accordance with the requirements of the latest revision OSHA Regulations for Construction, the CONTRACTOR shall provide and require the use of personal protective lifesaving equipment for all persons working in or about the Project site. i. Protective Equipment. Respirators shall be worn by all persons engaged in, and assisting in, spray painting. In addition, workers engaged in or near the Work during sandblasting shall wear eye and face protection devices meeting the requirements of ANSI ZB7.1 latest revision, and approved OSHA Regulations for sandblasting operations and approved air -purifying, half -mask or mouthpiece respirator with appropriate filter. ii. Ventilation. Where ventilation is used to control potential exposure to workers as set forth in Section 1910.94 of the OSHA Regulations for City of Okeechobee Public Works Department 19 Project No. PW 02-11-07-20 Construction, ventilation shall be adequate to reduce the concentration of the air contaminant to the degree that a hazard to the worker does not exist. Methods of ventilation shall meet the requirements set forth in ANSI Z9.2, latest revision. iii. Sound Levels. Whenever the occupational noise exposure exceeds the maximum allowable sound levels as set forth in Table 0-2, Permissible Noise Exposures, in Section 1926.52, of the OSHA Regulations for Construction, ear protective devices shall be furnished and used. Ear protective devices inserted in the ear shall be fitted or determined individually, by competent persons. Plain cotton is not an acceptable protective device. iv. Storage and mixing of coating materials shall be performed only in those areas designated by the Owner. v. Cloths and cotton waste that might constitute a fire hazard shall be placed in closed metal containers or destroyed at the end of each work day. 10. WORKMANSHIP a. Skilled craftsmen and experienced supervision shall be used on all Work. b. All paint and coatings shall be applied in a workmanlike manner so as to produce an even film of specified uniform thickness. Edges, corners, crevices, and joints shall receive special attention to ensure that they have been thoroughly cleaned and that they receive an adequate thickness of paint. The finished surfaces shall be free from runs, drops, ridges, waves, laps, brush marks, and variations in color, texture, and finish. The hiding shall be so complete that the addition of another coat of paint would not increase the hiding. All coats shall be applied so as to produce a film of uniform thickness. Special attention shall be given to ensure that edges, corners, crevices, welds, and similar areas receive a film thickness equivalent to adjacent areas, and installations shall be protected by the use of drop cloths or other approved precautionary measures. Rough exterior cement plaster shall be spray painted. 11. Elastomeric Coating Specification a. The elastomeric coating used by the CONTRACTOR shall have high volume solids (45-60%) and shall be applied to achieve a wet film thickness of 27-32 mils and a dry film thickness of 10-20 mils. All coating materials shall be from a single 5� manufacturer. CONTRACTOR shall provide the CITY with the elastomeric ex, Coating Product Technical Data/Specification sheet for the proposed product to be used for the project \� City of Okeechobee Public Works Department 20 Project No. PW 02-11-07-20 EXHIBIT B BID UNIT PRICE SCHEDULE PW 02-11-07-20 OKEECHOBEE CITY HALL FIRE DEPARTMENT AND RECORDS RETENTION BUILDING PAINTING ITEM NO. DESCRIPTION UNIT MEASURE EST. QTY. UNIT PRICE AMOUNT Repair stucco and seal all wall cracks and make all necessary painting preparations for the City of 1 Okeechobee City Hall, Fire LS 1 Department, and Records Retention building located at 55 SE 3rd Avenue, Okeechobee, FL 34974. SEAL COAT AND MASK CITY OF 0 BEE CITY SEAL ON TH NORTH ALL OF CITY HALL 2 AND TAKE ALL NEC ARY MEASURES NEEDED LS 1 TO PROTECT THE SEAL FROM DAMAGE DURING PAINTING. PAINT THE CITY OF OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING LOCATED AT 55 SE 3RD AVENUE, 3 OKEECHOBEE FL 34974. PAINT SHALL BE LS 1 ELASTOMERIC MASONRY BRICK AND STUCCO PAINT, TRIM AND WALL COLORS (2 COLOR) TO BE CHOSEN BY CITY. PAINT THE CITY OF OKEECHOBEE SEAL MONUMENT BASE AND MARQUEE COLUMNS. PAINT SHALL BE ELASTOMERIC MASONRY 4 LS 1 BRICK AND STUCCO PAINT, TRIM AND COLUMN COLORS (2 COLOR) TO MATCH COLORS SELECTED ITEM 3 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. The CONTRACTOR should read the special conditions and the requirements for insurance before submitting a Bid. 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 City of Okeechobee Public Works Department 21 Project No. PW 02-11-07-20 Performance Bond in 100 percent (100%) of the total estimated amount of the contract. The Payment and Performance Bond shall continue in effect for one (1) year after completion and acceptance of the work as guarantee against construction defects. The CONTRACTOR in his Bid shall include the cost of said bond. I have attached the required 5 percent (5%) Bid Security to this Bid. Bidder: (Company Name) (Signature) (Printed Name) Mailing Address: Office Number: Date: Title: Email: Fax Number: City of Okeechobee Public Works Department 22 Project No. PW 02-11-07-20 SECTION Vill PW 02-11-07-20 MISCELLANEOUS A. No Lobbying: All respondents are hereby placed on notice that any communication, whether written or oral, with City of Okeechobee elected officials or any City staff or outside Individuals working with the City in respect to this request (with the exception of the General Services personnel designated to receive requests for interpretation or corrections or technical questions), is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any request for Bid, qualifications and/or any other solicitations released by the City. To do so is grounds for immediate disqualification from the selection process. All respondents must submit the attached No Lobbying Affidavit with their submittal stating that they and their Subcontractor, sub - consultants and agents agree to abide by the no lobbying restrictions in order to be considered for this request. Any respondent that does not submit the required No Lobbying Affidavit will be automatically disqualified from further consideration. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment A B. Collusion, Gratuities and Kickbacks: It shall be unethical for any respondent to collude with any other respondent or offer, give or agree to give any City Council member, City employee or City representative (including selection committee members) a gift, gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of the procurement process. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment B C. Modifications: The City reserves the right to modify, alter or change the scope or other aspects of this solicitation. D. Level Playing Field: The contents of this solicitation are intended to provide a level playing field on which Firms or Individuals may base their responses. E. Public Entity Crime Affidavit: As 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 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 D City of Okeechobee Public Works Department 23 Project No. PW 02-11-07-20 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. NOTIE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment E G. Immigration Laws: Respondents must comply with all applicable immigration laws in their employment practices. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. See Attachment F H. Tie Bids: Preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to quality and service are received by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors has a drug -free workplace program. NOTE: For respondents' convenience, this certification form is attached and made a part of the procurement package. City of Okeechobee Public Works Department 24 Project No. PW 02-11-07-20 ATTACHMENT A PW 02-11-07-20 NO LOBBYING AFFIDAVIT STATE OF FLORIDA COUNTY OF This day of , 20 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, or qualifications and/or any other solicitation released by City of Okeechobee, and that the Bidder and any of its agents agrees to abide by the City of Okeechobee no lobbying restrictions in regard to this solicitation. Affiant The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Public Works Department 25 Project No. PW 02-11-07-20 ATTACHMENT B PW 02-11-07-20 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/t;yped): By (signature): Title: Mailing Address: City, State, Zip: Telephone No.: City of Okeechobee Public Works Department I. Project No. PW 02-11-07-20 ATTACHMENT C PW 02-11-07-20 PROPOSER'S CERTIFICATION I have carefully examined this Request for Bid (BID)/Request for Proposals (RFP)/ Request for Qualifications (RFQ), which includes scope, requirements for submission, general information and the evaluation and award process. 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 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 before me by means of ❑ physical presence or ❑ online notarization, this day of 20by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Public Works Department 27 Project No. PW 02-11-07-20 ATTACHMENT D PW 02-11-07-20 :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)(9), 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. City of Okeechobee Public Works Department 28 Project No. PW 02-11-07-20 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 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 OIL The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 120 by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Public Works Department 29 Project No. PW 02-11-07-20 ATTACHMENT E PW 02-11-07-20 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all Bidders must disclose if any City of Okeechobee employee(s), elected official(s), or any of its agents is also an owner, corporate officer, director, agent, employee, etc., of their business. Indicate either "yes" (a City employee, elected official or agent is associated with your business), or "no". If yes, give person(s) name(s) and position(s) with your business. Firm Name: By (Printed): By (Signature): Title: Address: Phone Number: YES K*J Name(s) Position(s) City of Okeechobee Public Works Department 30 Project No. PW 02-11-07-20 ATTACHMENT F PW 02-11-07-20 IMMIGRATION LAW CERTIFICATION City of OkeE�chobee 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 ("I NA")). 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 before me by means of ❑ physical presence or ❑ online notarization, this day of 20_, by , who is personally known to me or produced as identification. Notary Public Signature Commission No. City of Okeechobee Public Works Department 31 Project No. PW 02-11-07-20 s ATTACHMENT G PW 02-11-07-20 DRUG -FREE WORKPLACE CERTIFICATION THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in the employee's community, by an employee who is convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this Firm complies fully with the above requirements. Signature:_ Date: Company:_ Name: Address: Title: Phone Number: City of Okeechobee Public Works Department 32 Project No. PW 02-11-07-20 ATTACHMENT H CITY OF OKEECHOBEE OKEECHOBEE CITY HALL, FIRE DEPARTMENT, AND RECORDS RETENTION BUILDING PAINTING PW 02-11-07-20 Client Name: Client Phone Number: Client E-mail: Service Dates: Beginning Estimated Annual Contract Amount: REFERENCE End Description of the services performed as they directly relate to the work of this Request for Bid: City of Okeechobee Project No. PW 02-11-07-20 Public Works Department 33