Bid PW 05-10-09-20 ContractCITY OF OKEECHOBEE
INVITATION TO BID
SOUTHEAST 3rd AVENUE PAVEMENT IMPROVEMENTS
No. PW 05-10-09-20
FDOT FPN 440372-1
OPENING DATE AND TIME: OCTOBER 22, 2020 at 3:00
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Prepared by: David Allen, Public Works Director
Dated: September 23, 2020
City of Okeechobee Project No. PW 05-10-09-20
Public Work Department
CITY OF OKEECHOBEE
CITY COUNCIL
Bid No. PW 05-10-09-20
FDOT FPN 440372-1
SOUTHEAST 3rd AVENUE PAVEMENT IMPROVEMENTS
DOWLING R. WATFORD, JR., MAYOR
WES ABNEY
MONICA CLARK
BOB JARRIEL
BOBBY KEEFE
MARCOS MONTES DE OCA, CITY ADMINISTRATOR
City of Okeechobee Project No. PW 05-10-09-20
Public Work Department
TABLE OF CONTENTS
PW 05-10-09-20
Invitation to Bid Advertisement Form
Section I General Information
Section II Submission Requirements
Section III Bid Documentation
Section IV Minimum Qualification for Bidders
Section V Bonding and Insurance Requirements
Section VI Rejection of Bid
Section VII Agreement for Services
Section VIII Miscellaneous
Attachments:
A No Lobbying Affidavit
B Anti-Collusion Statement and No Gift Statement
C Proposer's Certification
D Sworn Statement Pursuant to Section 287.133(2)(a), FL § on
Public Entity Crimes
E Conflict of Interest Disclosure Form
F Immigration Law Certification
G Drug-Free Workplace Certification
H Reference Form
I FDOT State-Funded Agreement FPN 440372-1
1
2
3
4-5
6-7
8-24
25
26 - 43
44 - 45
46
47
48
49-50
51
52
53
54
55
City of Okeechobee Project No. PW 05-10-09-20
Public Work Department
INVITATION TO BID N0. PW 05-10-09-20
SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS
Mandatory Pre-Bid: October 14, 2020, 3:00 PM
Opening Date and Time: October 22, 2020, 3:00 PM
The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to do pavement
improvements including milling, resurfacing, and concrete sidewalk ADA ramp construction on SE 3�d Avenue
from North Park Street (SR 70) to SE 4th Street.
Sealed bids must be received within the General Services Department at City Hall, 55 SE 3�d Avenue, Rm 101,
Okeechobee, FL 34974, no later than 3:00 PM EST on or before Thursday, October 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.
A MANDATORY Pre-Bid Meetinq will be held on Wednesdav, October 14, 2020, at 3:00 PM EST in the Council
Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for this bid.
Product specifications are available in the Bid Packets that may be obtained on the City's website:
www.citvofokeechobee.com/contractinq-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 an.cityofokeechobee.com NOTE: Bonding Requirements
Apply to this Bid Opportunity.
Bid submittals must be within a sealed envelope and contain two (2) clearlV identified oriqinals and one (1) copv of
the bid, with the outside of the envelope clearly labeled "BID N0. PW 05-10-09-20 SOUTHEAST 3RD AVENUE
PAVEMENT IMPROVEMENTS.10-22-20, 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 05-10-09-20
Public Works Department
SECTION I
PW 05-10-09-20
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 clearlv identified oriqinals and one copv of your bid submittal are required.
Bid submittals will be received by the General Services Department until 3:00 p.m. on
October 22, 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 Companv name and return address, the Bid Number,
Title, Openinq 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 05-10-09-20
Public Works Department Z
SECTION II
PW 05-10-09-20
SUBMISSION REQUIREMENTS
The bidder shall submit two (2) oriqinal clearlv identified oriqinals and one copv of
the followinq:
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)
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
Attachment H — Reference Form
Attachment I— FDOT State-Funded Agreement FPN 440372-1
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 3
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SECTION III
PW 05-10-09-20
BID DOCUMENTATION
C. W. Roberts Contracting, Inc
(BIDDER'S COMPANY NAME)
City Council
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
.
I have received the documents titled OKEECHOBEE SOUTHEAST 3RD AVENUE .
PAVEMENT IMPROVEMENTS, Proiect No. PW 05-10-09-20. I have also received
addendum number 1 through 1 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 calendar days from the Notice to Proceed and there
after completing the work within 30 calendar days of commencement of
work.
5. Regarding Compensation for the proposed work: if this Bid is accepted, I will
construct this project on a unit price basis as reflected in the Bid Unit Price
Schedule, Exhibit B of this agreement. Payment will be made upon invoice
after completion of all work. 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: C. W. Roberts Contracting, Inc. Date: October 22, 2020
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
I
. W. Rob s Con cting, Inc.
By:�� �G'l/" � Title: Vice President
(Signature)
W. Todd Castleberry Email: TCastleberry@cwrcontracting.com
(Printed Name)
Mailing Address: 806 NW 9th St. Okeechobee, Florida 34972
Office Number: 863-763-7373
City of Okeechobee
Public Works Department
Fax Number: $63-763-7379
Project No. PW 05-10-09-20
SECTION IV
PW 05-10-09-20
MINIMUM QUALIFICATIONS FOR BIDDERS
Minimum Qualifications:
1.0 Experience
1.1 Bidder must have at least 3 years of experience in providing commercial asphalt
roadway resurfacing services and concrete sidewalk improvements.
1.2 Bidder has successfully completed at least 12 asphalt resurfacing projects
including at least three projects including concrete sidewalk improvements.
2.0 References �l
2.1 Bidder must provide at least 3 verifiable references of similar work as referenced
in section 1.0 above.
2.2 For each reference, Bidder shall submit a completed Reference Form provided
in Attachment H. 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, in its sole discretion, may reject any and all bids if the City is not able
to verify the references provided.
3.0 Discriminatory Vendor List
3.1 In accordance with Section 287.134, Florida Statutes, an entity or affiliate who
has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to
provide goods or services to a public entity; may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not
be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact
business with any public entity.
4.0 FDOT Certificate of Qualification
4.1 An entity or affiliate who has had its Certificate of Qualification suspended,
revoked, denied or have further been determined by the Florida Department of
Transportation to be a non-responsible contractor may not submit a bid or
perform work for the construction or repair of a public building or public work on
a contract with the Recipient.
5.0 Bidder certifies that
5.1 Bidder meets the qualifications listed in Section IV, 1.0 above.
5.2 Bidder has never failed to complete work awarded under a contract due to
circumstances that were under Bidder's control.
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 6
5.3 The Bidder has not been placed on the Discriminatory Vender List kept by the
Florida Department of Management Services as listed in section 3.0 above.
5.4 The Bidder has not had its Florida Department of Transportation Certificate of
Qualification suspended, revoked or denied as listed in section 4.0 above.
Bidder: C. W. Roberts Contracting, Inc. Date: October 22, 2020
(C pany Na )
���By: ��-� --- Title: Vice President
(Signature)
W. Todd Castleberry Email: tcastleberry@cwrcontracting.com
(Printed Name)
Mailing Address: 806 NW 9th St. Okeechobee, Florida 34972
Office Number: $63-763-7373 Fax Number: $63-763-7379
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 7
SECTION V
PW 05-10-09-20
BONDING AND INSURANCE REQUIREMENTS
5.01 Bid Guaranty
A. Bid Bond Form. Each Bid must be accompanied by the CITY's Bid Bond form
meeting the standards specified in this Article 5, including those applicable to the
sureties for the Statutory Payment Bond and Common Law Performance Bond
specified in the General Terms & Conditions. The bond shall be on the Bid
Guaranty form provided by the CITY, with Power of Attorney Affidavit attached, in
an amount not less than five percent (5%) of the amount of the bid. The Bid Bond
shall be in the Prime Contractor's name. The Bidder is required to use the CITY
forms provided in this RFB. Alternate bond forms will not be accepted. Failure to
provide the CITY's bond forms will deem the Bid non-responsive.
B. Alternate Security. In lieu of the Bid Bond, the Bid may be accompanied by an
alternate form of security in the form of cash, a money order, certified check of
any national or state bank made payable to the CITY, or an irrevocable letter of
credit, in an amount not less than five percent (5%) of the amount of the Bid. Any
such alternative form of security shall be for the same purpose and be subject to
the same conditions as those applicable to the bond for which the alternative form
of security is being substituted. The determination of the value of an alternative
form of security shall be made by the CITY.
C. Conditions. The Bid Bond or alternate security shall be conditioned upon the
Bidder's:
1. Not withdrawing said bid within
opening of the same, and
2. Within seven (7) business days
Letter:
a
b,
c.
�
one hundred twenty (120) days after date of
after of the Notice of Apparent Low Bidder
executing a written CONTRACT with the CITY, in accordance with the bid
as accepted;
providing evidence of insurance in the manner specified by the CITY; and
if the Bid exceeds $200,000.00, providing 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, having provided an alternate form of security as
specified in the General Terms & Conditions);
or in the event to fully comply with all of the foregoing, if the Bidder shall
have paid the CITY the difference between the amount specified in said
bid and the amount for which the CITY may procure the required work
and/or supplies, if the latter amount be in excess of the former.
City of Okeechobee Project No. PW OS-10-09-20
Public Works Department 8
D. Return of Bid Guaranty. Funds of any money order or check that may be received
will be returned to all Bidders, with the exception of the two (2) apparent low
Bidders, within thirty (30) days after the opening of the Bids. Bid bonds will not be
returned to the bidders, unless specifically requested by a Bidder. The Bid Security
of the apparent and second apparent low bidder shall be retained until such Bidder
has executed the CONTRACT, furnished the Insurance Certificate and
endorsements, complied with the CITY's SBE requirements, and furnished a valid
and acceptable 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, having provided an alternate
form of security as specified in the General Terms & Conditions) as required under
the provisions of the CONTRACT. Any money order or check from the apparent
low bidder shall be deposited upon receipt. Any money order or certified check
from the second apparent low bidder may be deposited. Failure of the CITY to
execute the CONTRACT within one hundred twenty (120) days after the date of
the bid opening shall initiate release of the Bid Bond, certified check or cash of the
lowest and second lowest bidders unless mutually agreed otherwise or specified
in the Supplemental Conditions.
5.02 Performance and Payment Bond:
Bonds must be in compliance with Florida Law. If the CONTRACT price is in
excess of $200,000.00, the CONTRACTOR shall, within seven (7) business days
of date of the Notice of Apparent Low Bidder from CITY, provide CITY with a
Common Law Performance Bond and a Statutory Payment Bond meeting the
standards specified herein, on the forms provided by the CITY with Power of
Attorney Affidavit attached, each in an amount not less than the CONTRACT
Price. The bonds shall also be accompanied by the CITY's Affidavit for Surety
Form. The Performance and Payment Bonds shall be in the Prime Contractor's
name. Failure to provide the bond(s) within the seven (7) business day period shall
be sufficient cause for the CITY to deem the Bidder non-responsive and nullify the
CONTRACT award. The Contractor shall provide a Performance Bond which
guarantees the performance of the Work as well as any applicable extended
warranty.
5.03 All Bonds
Sureties Qualifications: All bonds required under this CONTRACT, including, but
not by way of limitation, any Bid Bond, Common Law Performance Bond or
Statutory Payment Bond shall be written through a reputable and responsible
surety bond agency licensed to do business in the State of Florida and with a
surety which holds a certificate of authority authorizing it to write surety bonds in
Florida meeting the following requirements:
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 9
BOND ANDINSURANCE
REQUIREMENTS FOR CONSTRUCTION CONTRACTS
CONTRACT SUM BEST'S RATING CLASSIFICATION FOR BEST'S FINANCIAL
SURETY AND INSURANCE FIRMS, & SIZE CATEGORY
OTHER REQUIREMENTS FOR SURETY AND
INSURANCE FIRMS.
From: $0.00 Bid Bond and Insurance Required. No Minimum
To: $200,000.00 Required.
PerFormance and Payment Bond Not
Required (unless specified in Contract Not Applicable.
Documents
From: $200,000.01 All Bonds and Insurance Required: No Minimum
To: $500,000.00 See re uirements under ara ra h 3 below Re uired.
From: $500,000.01 All Bonds and Insurance Reauired: IV or larger.
To: $2,500,000.00 A- or better
Circular 570 requirements (paragraph 2
below
From: $2,500,000.01and All Bonds and Insurance Reauired: V or larger.
more A- or better
Circular 570 requirements
ara ra h 2 below
CONTRACTORs must use the CITY bond forms enclosed herein. Failure to use the
CITY forms shall deem the bidder as non-responsive.
1. Ratings by A.M. Best:
The surety and insurance company or corporation shall have a minimum A.M. Best
Company rating as indicated above in addition to the surety qualifying pursuant to
paragraph (3) below:
2. Circular 570, CONTRACT Price of $500,000.01 or More:
If the CONTRACT Price is $500,000.01 or greater, the surety shall also comply with
the Circular 570 requirements as set forth in this paragraph 2. The surety shall
maintain a current certificate of authority as an acceptable surety on Federal Bonds
in accordance with U.S. Department of Treasury Circular 570, current revision. If the
amount of the bond exceeds the underwriting limitations set forth in the Circular, in
order to qualify, the net retention of the surety company shall not exceed the
underwriting limitation in the Circular and the excess risk must be protected by co-
insurance, reinsurance, or other methods in accordance with Treasury Circular 297,
revised September 1, 1978 CFR Section 223.10 - Section 223.111. Further the surety
company shall provide the CITY with evidence satisfactory to the CITY, that such
excess risk has been protected in an acceptable manner.
3. CONTRACT Price of $500,000 or Less:
Notwithstanding the foregoing paragraphs 1. and 2., in the event the CONTRACT
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 10
price is $500,000.00 or less, in accordance with Section 287.0935, Florida Statutes,
bonds with a surety company in compliance with the following requirements shall be
acceptable:
a. The surety company is licensed to do business in the State of Florida; and
b. The surety company holds a certificate of authority authorizing it to write surety
bonds in Florida; and
c. The surety company has twice the minimum surplus and capital required by the
Florida Insurance code at the time this Request for Bids is issued; and
d. The surety company is otherwise in compliance with the provisions of the Florida
Insurance Code; and
e. The surety company holds a currently valid certificate of authority issued by the
United States Department of the Treasury under 31 U.S.C. ss.9304 to 9308.
In order to qualify as an acceptable surety company under this paragraph 3, an
Affidavit for the Surety Company shall be executed by an Officer of the surety bond
insurer as evidence that a surety company is in compliance with the foregoing
requirements.
A. Additional or replacement bond: It is further mutually agreed between the parties
hereto that if, at any time, the CITY shall deem the surety or sureties upon any
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate,
the CONTRACTOR shall, at its expense within seven (7) business days after the
receipt of notice from the CITY to do so, furnish an additional or replacement bond
or bonds on the CITY'S standard form, with the same amount, and with such
surety or sureties as shall be satisfactory to the CITY. In such event, no further
payments to the CONTRACTOR shall be deemed to be due under this
CONTRACT until such new or additional security for the faithful perFormance of
the work shall be furnished in the manner and form satisfactory to the CITY.
In addition, the CONTRACTOR shall for any increases in the CONTRACT amount
automatically increase the amount of the performance and payment bonds to equal
the revised amount of the contract and shall provide the CITY with evidence of same.
B. The surety company shall provide a Florida address for service of process in the
prescribed space on the forms provided by the CITY for all bonds required by the
CITY.
C. Alternate form of security: In lieu of the Common Law Performance Bond or
Statutory Payment Bond, CONTRACTOR may, pursuant to Section 255.051,
Florida Statutes, provide an alternate form of security in the form of cash, a money
order, a certified check, or an irrevocable letter of credit. Any such alternative form
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 11
of security shall be for the same purpose and be subject to the same conditions
as those applicable to the bond for which the alternative form of security is being
substituted. The determination of the value of an alternative form of security shall
be made by the CITY.
5.04 Insurance
A. Certificate of Insurance. The CONTRACTOR shall deliver to CITY and maintain
insurance coverage reflecting, at a minimum, the amounts and conditions as
specified within the CITY'S Insurance Requirements Checklist, attached herein.
All insurance required under this CONTRACT shall meet the requirements listed
in the Table found in 5.03 above.
In addition, at the direction of the CITY, the CONTRACTOR shall for any increases in
the CONTRACT amount automatically increase the amount of the insurance to equal
the revised amount of the contract and shall provide the CITY with evidence of same.
The CONTRACTOR shall provide the certificate within seven (7) business days from
the date of the Notice of Apparent Low Bidder.
The CONTRACTOR shall have thirty (30) business days after CONTRACT execution,
to produce the required Insurance Declaration Page of Policy, additional insured
endorsement forms, and a waiver of subrogation endorsement as set forth in the
General Terms & Conditions, and the Insurance Requirements Checklist included
herein. CONTRACTOR shall provide an insurance policy that provides the City, as
additional insured, a separate defense in the event of a claim filed by a third party
against the City, regardless of whether an allegation of negligence is alleged against
the CONTRACTOR.
B. Qualifications to Do Business in Florida. All insurers must be qualified to lawfully
conduct business in the State of Florida. Failure of the CITY to notify the
CONTRACTOR that the Certificate of Insurance provided does not meet the
CONTRACT requirements, shall not constitute a waiver of the CONTRACTOR's
responsibility to meet the stated requirements. In addition, receipt and acceptance
of the certificate of insurance by the CITY shall not constitute approval of the
amounts, conditions or types of coverage listed on the certificate.
Misrepresentation of any material fact, whether intentional or not, regarding the
CONTRACTOR's insurance coverage, policies or capabilities, may be grounds for
rejection of the response and rescission of any ensuing contract.
C. Self-insured Provisions. If the CONTRACTOR is a self-insured entity, the
CONTRACTOR may contact the CITY'S CONTRACT Administrator, identified on
the cover page, and request the CITY'S self-insurance package. It shall be the
responsibility of the CONTRACTOR to ensure that all Subcontractors are
adequately insured or covered under their policies. The CITY may at its discretion,
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 1Z
require the CONTRACTOR to provide a complete certified copy of its insurance
policy(s).
D. Workers' Compensation:
1. Workers' Compensation insurance shall comply with Chapter 440, Florida Statute,
including Employer's Liability. If work is performed in/over navigable waters, an
endorsement covering the U.S. Longshore and Harbor Workers' Compensation
Act (LHWCA) 33 U.S.C. Section 901, et seq. and Jones Act, 46 App U.S.C.
Section 861, et seq. shall be included.
2. If CONTRACTOR claims an exemption from coverage, it must attach proof of
same for consideration in the form of a certified copy of your state exemption form.
The CITY reserves the right to require said coverage regardless of the state
exemption.
E. Commercial Liability Insurance
1. Coverage shall be no more restrictive than that identified by the Insurance
Services Office, Inc. (ISO).
2. Coverage shall be written on an Occurrence Basis Form.
3. Coverage shall provide as a minimum those limits identified within the CITY's
Insurance Requirements Checklist. Coverage shall be "first dollar" coverage. If
CONTRACTOR's policy includes a Self-Insured Retention (SIR) CONTRACTOR
may, at the CITY's option, be required to meet established financial security
requirements.
4. Coverage shall include as a minimum the following coverage endorsements:
Premises / Operations, Products/Completed Operations, Contractual Liability,
Independent CONTRACTORS, Broad Form Property Damage, Underground
Explosion/Collapse (XCU) and Personal Injury. Additional endorsements may be
required as the CONTRACT dictates. Refer to the CITY's Insurance
Requirements Checklist attached herein.
5. The CITY shall be added by endorsement as an Additional Insured. An
endorsement shall also be included which specifies that the inclusion of an
additional insured does not exclude any pollution liability coverage otherwise
afforded by said policy.
F. Business Auto Liability /nsurance
1. Coverage shall be no more restrictive than that identified by the Insurance
Services Office, Inc. (ISO).
2. Coverage shall provide as a minimum those limits identified within the CITY's
Insurance Requirements Checklist. Coverage shall be "first dollar" coverage. If
CONTRACTOR's policy includes a Self-Insured Retention (SIR) CONTRACTOR
may, at the CITY's option, be required to meet established financial security
requirements.
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 13
3. Coverage shall be "Any Auto" - Symbol 1.
G. Builders Risk Insurance/Installation Floater
1. The insurance policy shall be "broad form," "all risk" covering all equipment and
machinery; or a special Installation Floater may be included to ensure the required
coverage for this exposure. The policy form shall be no more restrictive than the
"inland marine type form." The CITY shall be allowed to occupy the property in
question without voiding any of the provided coverages.
2. The policy(s) shall state, "on behalf of all parties to the contract." The
CONTRACTOR, the CITY and all other applicable subcontractors are to be
included as "insureds" on the policy(s).
3. At a minimum, the "covered property" will include the building or structure being
constructed, including all fixtures, materials, supplies, machinery and equipment
to be used in, or incidental to the construction. This will extend coverage to
underground works. Coverage shall also be afforded to the property of others
through a"care, custody or control" endorsement, as well as property off-site or in
transit. The following coverages shall also be included by endorsement, unless
excluded by the CITY: Boiler & Machinery, Testing, Mechanical Breakdown,
Earthquake, and Flood.
4. Coverage shall be valued on a Replacement Cost (100%) basis. A maximum
(SIR) of $5,000 is allowed. If multiple limits of liability are proposed for the
construction site, property in transit, off-site storage, etc., the same value
requirement shall be used for each.
5. All coverages afforded under this policy(s) shall remain in effect and not be
excluded by a"Force Majeure Clause" found elsewhere in these Bidding
Documents.
6. Coverage shall cease when the entire project covered by said policy is accepted
by the CITY. In the event testing by the CONTRACTOR is conducted after
acceptance by the CITY, coverage shall remain in full force and effect until all
testing is complete and accepted by the CITY, and final payment is made.
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 and the Florida
Department of Transportation 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
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 14
[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 $1,000,000.00 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 $5,000,000.00. 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 OS-10-09-20
Public Works Department 15
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, C.W. Roberts Contracting, �nc. as
Principal and Western Surety Company , as Surety, are held and firmly bound
unto the City of Okeechobee (the "City"), in the penal sum of $ 5°io ot amount b�d Iawful
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 October22 , 2020,
for the Contract Documents:
Contract Title: OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT
IMPROVEMENTS
Contract Number: PW 05-10-09-20
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 alternafie 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.
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 16
,'
DATED ON October 22 , 20 20
FOR NON-CORPORATE BIDDERS:
(Witness)
By:
(Signature of Principal)
(Print Name)
(Print Name and �i itle)
(Witness)
(Print Name)
FOR CORPORATE BIDDERS:
ATTEST:
.�`��`� tt8 f ,1��f��,
�; iC.t.k..��'.�. .� ,0� ...�0,lf-,.
�• C • . � ��
e ,retary ; •I O �'O� :�'�, �
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SURETY: ���i���6ii��������`
ATTEST:
(Corporate Seal)
����
Secretary
Business Address
C.W. Roberts C tracti nc.
� �o
(Signature of Corporate Principal)
l� �� .�`r� (11 /�CCS��t� C�9�.��' ,r''( ���� .�. T"� �'� 9�'�'"'�
(Print Name and Title)
3372 Capital Circle NE, Tallahassee, FL 32308
Business Address
Western Surety Company
���i /►�''
(Corporate Surety)
Renee Ellis, Attorney in Fact -
(Print Name and Title) -
2601 Bell Road, Montgomery, AL 361�7`"�
� -
��
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1
; �
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Business Address - � _ �
1701 West Garden Street, Pensacola, FL 32501
Florida Address for Service of Process
850-470-2675
Telephone Number
(Surety shall provide evidence of signature authority such as a certified copy of
Power of Attorney.
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 17
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Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virlue of the signature and seal herein affixed hereby make,
constitute and appoint
Thomas J Gentile, Billie Jo Sanders, Renee Ellis, Paul B Scott Jr, David J Durden, Milton A
Kopf III, Individually
of Montgomery, AL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attomey, pursuant to the authority hereby given, aze hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shazeholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto
affixed on this 19th day of June, 2015.
�rtF`gVRET��
;�a.4'{ pPOq,9.o,�j.s
�W:4� jl^tD_
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,y,�N OF�'
MIW�q
State of South Dakota 1
j ss
County of Minnehaha >
WESTERN SURETY COMPANY
aul T. Bruflat, Vice President
On this 19th day of June, 2015, before me personally came Paul T. Bruflat, to me lmown, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant
to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be
the act and deed of said corporation.
My commission expires �ti�4�►��►4Kti�F�Y'M'4�i4tiMtiti �
� �. El�c� �
February 12, 2021 {/�!r►�M(��{py� pu��e � �
�,'1�J�j$$�150iF7�# DJM�ffCpr'� �
'1"ti�bM4v4M��v4titi4MM4i+M4wti4 �
S. Eich, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force,
and further certify that the By-Law ofthe corporation printed on the reverse hereof is still in force. In testimony whereQf,Fh2v3 }�ereunto subscribed my name
and �xed the seal of the said corporation this 22nd day of October, 2020. �.
_ti � ,�
�ou�u uu
��►RE7}a,, WESTERN ���_i7R-�T�`: C�CrIliIPANY
�y?4�POqqT��L�eD'--_ _' - - � -
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�r�+".*�s'.SfAV Pa � ` �
"*2�yr)I/ DPµ�+�'r � �
MNINMM� �
�� L. NaEson, Assistant Secretary
Form F4280-7-2012
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
.�
COMMON LAW PERFORMANCE BOND
BY THIS BOND, know that
Business Address
and , as
as Principal, herewith called CONTRACTOR,
_, Business Phone ,
, hereinafter called SURETY, Surety Address
,
Surety Phone Number , are bound to City of Okeechobee, as Obligee, herein
called CITY, in the amount of Dollars ($ ) for payment of which
CONTRACTOR and SURETY bind themselves, their heirs, personal representatives, executors,
administrators, successors and assigns, jointly and severally, with reference to a written CONTRACT
entered into by CONTRACTOR and CITY, for the following:
Contract Number: PW 05-10-09-20
Contract Title: SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS General Description
of Project: Provide construction services needed to do pavement improvements
including milling, resurfacing, and concrete sidewalk ADA ramp
construction.
Directions:
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
1. Performs said contract in accordance with its terms and conditions; and
2. Pays CITY all losses, damages (direct and consequential including delay or liquidated damages),
expenses, costs, and attorney's fees, including appellate proceedings, that CITY sustains because
of a default by CONTRACTOR under the CONTRACT; and
3. Pays CITY any and all other amounts due CITY by CONTRACTOR because of a default by
CONTRACTOR under the CONTRACT; and
4. Performs the warranty, extended warranty and guarantee of all work and materials furnished under
the CONTRACT for the time specified in the CONTRACT;
THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE.
If there is no CITY default, the SURETY's OBLIGATIONS UNDER THIS BOND shall arise after
SURETY has received notice of CITY's declaration of default of CONTRACTOR in accordance with the
terms and conditions of the CONTRACT (including notice and cure periods), so that within 20 days of
CITY's declaration of CONTRACTOR's default, SURETY shall either (1) arrange for the
CONTRACTOR, with the written consent of the CITY, to timely perForm and complete the contract or
(2) undertake to timely perform and complete the contract either by retaining another contractor
approved by the CITY or undertaking to do the contract itself. SURETY shall be liable for any and all
delays caused by the CONTRACTOR, SURETY, and/or the replacement contractor(s) provided by the
SURETY. SURETY's failure to take such action shall be deemed to be a default on this Bond, thus
entitling the CITY to complete the contract with another contractor and recover all resulting damages,
including, but not limited to, all direct and consequential damages including delay or liquidated
damages, engineering and architectural fees, as well as, any and all legal costs and attorney's fees.
Any changes in or under the Contract Documents do not affect the Surety's obligation under this bond.
Surety hereby waives notice of any alteration or extension of time made by the Owner. Any suit under
this bond must be initiated before the expiration of the limitation period applicable under Florida
Statutes.
IN WITNESS WHEREOF, this instrument is executed this _day of 20
, _
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 18
WHEN THE PRINCIPAL IS AN INDIVIDUAL:
Signed and delivered in the presence of:
By:
(Witness)
�
WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME:
Signed and delivered in the presence of:
By: By:
(Witness)
By:
(Witness)
WHEN A PARTNERSHIP:
Signed and delivered in the presence of:
By:
(Witness)
By:
By:
(Witness)
WHEN THE PRINCIPAL IS A CORPORATION:
ATTEST:
(Type Corporate Principal Name)
By:
(Secretary)
By:
President
SURETY:
ATTEST:
(Surety Seal)
(Type Corporate Surety Name)
�
Individual Principal
Signature of Individual
Partner
SURETY
By:
(Secretary)
ATTORNEY-IN-FACT
By: Name
NOTE 1: Surety shall provide evidence of signature authority, i.e., a certified copy of Power of
Attorney.
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 19
IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State of Florida.
ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of
Performance Bond on behalf of Surety.
The Common Law Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 20
STATUTORY PAYMENT BOND
BY THIS BOND, know that as Principal, herewith called CONTRACTOR,
Business Address , Business Phone , and
, as , hereinafter called SURETY, Surety Address ,
Surety Phone Number , are bound to City of Okeechobee, as Obligee, herein called
CITY, in the amount of Dollars ($ ) for payment of which CONTRACTOR
and SURETY bind themselves, their heirs, personal representatives, executors, administrators, successors
and assigns, jointly and severally, with reference to a written CONTRACT entered into by CONTRACTOR and
CITY, for the following:
Contract Number: PW 05-10-09-20
Contract Title: SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS
General Description of Project: Provide construction services needed to do pavement
improvements including milling, resurfacing, and concrete sidewalk
ADA ramp construction.
Directions:
THE CONDITION OF THIS BOND is that if the CONTRACTOR:
Promptly makes payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying
CONTRACTOR with labor, material, or supplies, used directly or indirectly by CONTRACTOR in the
prosecution of the work provided for in the contract;
THEN THIS BOND IS VOID, OTHERWISE, IT REMAINS IN FULL FORCE.
Any changes in or under the Contract Documents and compliance or noncompliance with formalities,
connected with the CONTRACT or with the changes, do not affect Surety's obligation under this bond. Surety
hereby waives notice of any alteration or extension of time made by the CITY.
Claimants must comply with notice requirements set forth in Section 255.05(2), Florida Statutes. No action
shall be instituted against the CONTRACTOR or Surety under this bond after one (1) year from the
performance of the labor or completion of the delivery of the materials or supplies.
IN WITNESS WHEREOF, this instrument is executed this the
WHEN THE PRINCIPAL IS AN INDIVIDUAL:
Signed and delivered in the presence of:
By
(Witness)
By:
day of , 20
(Individual Principal)
WHEN THE PRINCIPAL OPERATES UNDER A TRADE NAME:
Signed and delivered in the presence of:
L�i
(Witness)
By:
Signature of Individual
By:
(Witness)
City of Okeechobee Project No. PW OS-10-09-20
Public Works Department 21
WHEN A PARTNERSHIP:
Signed and delivered in the presence of:
By:
(Witness)
By:
(Witness)
WHEN THE PRINCIPAL IS A CORPORATION:
ATTEST:
(Type Corporate Principal Name)
By:
(Secretary)
SURETY:
ATTEST:
(Surety Seal)
By:
Service of Process)
ATTORNEY-IN-FACT
By:
(Type Corporate Surety Name)
(Secretary)
By:
Partner
By:
President
By:
SURETY
(Type Florida Address for
Name
NOTE 1: Surety shall provide evidence of signature authority, i.e., a certified copy of Power of Attorney.
IMPORTANT: Surety companies executing BONDS must appear on the Treasury DepartmenYs most current
list (Circular 570 as amended) and be authorized to transact business in the State of Florida.
ATTACH a certified copy of Power-of-Attorney appointing individual Attorney-in-Fact for execution of
Performance Bond on behalf of Surety.
The Common Law Performance Bond and the Statutory Payment Bond and the covered amounts of each are
separate and distinct from each other.
City of Okeechobee Project No. PW OS-10-09-20
Public Works Department 22
AFFIDAVIT FOR SURETY COMPANY
To be submitted with Performance & Payment Bond
��,
.
City of Okeechobee
RE: CONTRACT NUMBER
CONTRACT TITLE:
CONTRACTOR:
Name:
Address:
Telephone:
AMOUNT OF BOND:
F��17 � i'(«Z�lul�_1 � 1'�
Name:
Address:
Telephone:
Email address:
PW 05-10-09-20
SOUTHEAST 3RD AVENUE PAVEMENT
IMPROVEMENTS
BEFORE ME, the undersigned authority, personally appeared the AFFIANT, who being
duly sworn and says:
(1) He/She is
(Officership)
of the Surety Company;
(2) In accordance with Section 287.0935, Florida Statutes, the Surety Company fulfills
each of the following provisions:
a) The Surety Company is licensed to do business in the State of Florida;
b) The Surety Company holds a certificate of authority authorizing it to write surety bonds
in Florida;
c) The Surety Company has twice the minimum surplus and capital required by the
Florida Insurance code at the time the invitation to bid is issued;
d) The Surety Company is otherwise in compliance with the provisions of the Florida
Insurance Code; and
e) The Surety Company holds a currently valid certificate of authority issued by the
United Stated Department of Treasury under 31 U.S.C. ss. 9304 to 9308.
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 23
FURTHER AFFIANT SAYETH NOT.
Dated Signed Signature of AFFIANT (Officer of Surety Company)
Title of AFFIANT
STATE OF
COUNTY OF
Before me this day personally appeared , who,
being duly sworn, executed this Affidavit and acknowledged to and before me the
truthfulness and accuracy of the statements in the Affidavit.
SWORN TO AND SUBSCRIBED before me this
by AFFIANT, who is personally known to me.
day of , 20 ,
By:
Name:
NOTARY PUBLIC
Commission Expiration Date:
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department 24
SECTION VI
PW 05-10-09-20
REJECTION OF BID
1. 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. 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 ProtesY' document shall be in the form of a letter
stating all grounds claimed forthe 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 Project No. PW 05-10-09-20
Public Works Department 25
SECTION VII
PW 05-10-09-20
AGREEMENT FOR SERVICES
This AGREEMENT is dated as of the 1st day of December in the year 2020, between the
City of Okeechobee (CITY) and C.W. Roberts Contracting Inc., (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: Provide construction services needed to do pavement
improvements including milling, resurFacing, and concrete sidewalk ADA ramp
construction on SE 3�d Avenue from North P�rk Street (SR 70) to SE 4th Street, within the
City of Okeechobee.
The selected Contractors will be responsible for the entire scope of work, hiring licensed
Subcontractors, and paying for all plans and permits from the City of Okeechobee and/or other
agencies.
ARTICLE 2. PUBLIC WORKS DIRECTOR
2.1. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall
mean:
City of Okeechobee
Public Works Director
55 S. E. 3�d Avenue
Okeechobee, FL 34974
ARTICLE 3. CONTRACT TIME
3.1 The work shall be completed within the Sixty (60) calendar days specified on the
Notice to Proceed for each project assigned.
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.
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
26
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 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 specificallv set
forth as a pav item in the Bid shall be considered a subsidiary obliqation 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 monthly after work has been
completed. A monthly invoice shall be submitted on or before the 9th day of each
month for payment. The invoice will be processed through our regular cycle with
payment usually made by the end of the following month. Example: Work
performed from September 1 St through September 30th. The invoice is to be
received by the City no later than October 9t'', and payment should be made by
October 30th. 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 Quantities necessary to complete the work as shown on the Drawings or as
specified herein shall govern over those shown in the Bid Documents. The
CONTRACTOR shall take no advantage of any apparent error or omission in the
Drawings or Specifications, and the Public Works Director shall be permitted to
make corrections and interpretations as may be deemed necessary for fulfillment
of the intent of the Contract Documents.
5.6 The quantities for payment, other than Final Payment, under this Contract shall be
determined for actual measurement of the completed items, in place, ready for
service and accepted by the CITY, in accordance with the applicable method of
measurement therefore contained herein. A representative of the CONTRACTOR
shall witness all field measurements.
5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents
are approximate and supplied for the sole purpose of providing Bidder with a basis
which will be used to determine the Base Bid and to obtain unit prices for approvals
of progress payments for the Work done. Actual quantities which will be ordered
by CITY may vary from those on the Bid Form(s). The CONTRACTOR'S attention
is directed to the items of work for which no unit price is set. All work shown on the
drawinQs as outlined in the specifications is to be completed in all respects and
the cost of all miscellaneous and associated work to anv specific items shall be
included in the Unit Prices.
5.8 All quantities, for the submittal of payments, shall be measured and tabulated by
both the Public Works Director, or representative, and CONTRACTOR. Requests
for payment and supporting data shall be prepared by the CONTRACTOR and
given to the Public Works Director sufficiently in advance of payment date to permit
thorough checking of all quantities.
5.9 The CONTRACTOR shall furnish the Public Works Director whatever assistance
is required, laborers, clerks and records that will enable the Public Works Director
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
27
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 pertormance 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.
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.
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
28
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
9.2
9.3
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.
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.
Indemnification.
Contractor shall defend, indemnify and hold harmless the CITY and all of the
CITY'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 when necessary, and voluntarily makes
this covenant and expressly acknowledges the receipt of such good and valuable
consideration provided by the CITY 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.
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
29
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 as set forth in this article of the Agreement.
Nothing herein, shall be construed to extend the CITY's liability beyond that
provided in Section 768.28, Florida Statutes.
To the fullest extent permitted by law, the Recipient's contractor/consultant shall
indemnify and hold harmless the Recipient and the State of Florida, Department
of Transportation, including the Department's officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the e�ent caused by the negligence, recklessness or intentional
wrongful misconduct of the contractor or consultant and persons employed or
utilized by the contractor or consultant in the performance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing
contained in this paragraph is intended to nor shall it constitute a waiver of the
State of Florida or the Recipient's sovereign immunity.
9.4 Waiver of Jury Trial
Each party, to the extent permitted
intentionally waives its right to a trial
proceeding arising out of or relating to
contemplates. This waiver applies to a
sounding in contract, tort or otherwise.
9.5 No Discrimination
.�
F'�l
.;
by law, knowingly, voluntarily, and
by jury in any action or other legal
this Contract and the transactions it
� action or legal proceeding, whether
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 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.
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 I-9. Answers to questions regarding E-Verify as well
as instructions on enrollment may be found at the E-Verify website:
www.uscis.aov/e-verifv. 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. 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
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
30
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:
LGAMIOTEA(a�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 befinreen 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.
9.14 Interpretation
Unless the context requires otherwise: The term "including" contemplates
"including but not limited to."
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
31
9.15 Survival
All provisions of this Contract which by their terms bind either party after the
expiration or termination of this Contract shall survivetheexpirationortermination
of this Contract.
9.16 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 Contractthatarises
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 ifthe "Statement of Work" of this Contract specifies that
pertormance by the Contractor is specifically required during the occurrence of any
of the events herein mentioned.
9.17 Inspector General Cooperation
Contractor understands and agrees that it will comply with Section 20.055(5),
Florida Statutes which provides, "It is the duty of every state officer, employee,
agency, special district, board, commission, contractor, and subcontractor to
cooperate with the inspector general in any investigation, audit, inspection,
review, or hearing pursuant to this section."
9.18 Public Entity Crime
As required 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 Cateqory 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.
9.19 State Funded Grant Agreemenf
The Contractor, its employees, subcontractors or assigns, shall comply with all
terms and conditions of the State Funded Grant Agreement for the project.
(Attachment I)
ARTICLE 10. PUNCHLIST PROCEDURES
Further to Florida Statutes §218.735(7)(a)(I), Punchlist procedures to render the work complete,
satisfactory and acceptable are established as follows:
10.1 Within five (5) days of Substantial Completion of the construction services purchased
as defined in the Contract, CONTRACTOR shall schedule a walkthrough with CITY
("Initial Walkthrough" a/k/a "IW'). The purpose of the IW is to develop a preliminary
checklist ("Checklist") of items to be perFormed by the CONTRACTOR, based upon
observations made jointly between the CONTRACTOR and CITY during the IW. The
IW is to occur within ten (10) days of Substantial Completion of the work as defined by
the Contract, again predicated upon the CONTRACTOR'S timely initiation of a request
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
32
10.2
10.3
10.4
10.5
10.6
10.7
10.9
10.10
for the IW. At its option, CITY may conduct the IW with its Field Inspector.
CONTRACTOR shall endeavor to address and complete as many items as possible
noted on the Checklist either during the IW itself, or thereafter for a period of fifteen
(15) days from the date of the IW.
No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall again
initiate and request a second walkthrough of the Project with the CITY. The purpose
of this second walkthrough is to identify which items remain to be performed from the
IW Checklist and to supplement that list as necessary (based, for example, upon work
which may have been damaged as a result of the CONTRACTOR'S performance of
completion of items contained on the IW Checklist) and for the purpose of developing
a joint Final Punchlist.
The intent of this section is for the CITY and the CONTRACTOR to cooperate to
develop a Final Punchlist to be completed no later than five (5) days from the date of
reaching Substantial Completion of the construction services purchase as defined in
the Contract.
In no event may the CONTRACTOR request payment of final retainage under Florida
Statutes §218.735(7)(d) until the CONTRACTOR considers the Final Punch list to be
one hundred percent (100%) complete.
CONTRACTOR agrees to complete the Final Punchlist items within fifteen (15) days
of the date of its issuance by the CITY.
CONTRACTOR acknowledges and agrees that no item contained on the Final
Punchlist shall be considered a warranty item until such time as (a) the Final Punch
list is one hundred percent (100%) complete, and (b) the CITY has been able to
operate or utilize the affected Punchlist item for an additional period of fifteen (15)
days.
CONTRACTOR acknowledges and agrees that the CITY may, at its option, during
performance of the work and prior to Substantial Completion, issue lists of identified
non-conforming or corrective work for the CONTRACTOR to address. The intent of
any such the CITY generated lists prior to Substantial Completion is to attempt to
streamline the Punchlist process upon achieving Substantial Completion, and to allow
for the CONTRACTOR to address needed areas of corrective work as they may be
observed by the CITY during performance of the Work.
CONTRACTOR acknowledges and agrees that in calculating one hundred fifty percent
(150%) of the amount which may be withheld by the CITY as to any Final Punchlist
item for which a good faith basis exists as to it being complete, as provided for by
Florida Statutes §218.735(7)(d), the CITY may include within such percentage
calculation its total costs for completing such item of work, including its administrative
costs as well as costs to address other services needed or areas of work which may
be affected in order to achieve full completion of the Final Punchlist item. Such
percentage shall in no event relate to the schedule of value associated with such Work
activity, but rather total costs are based upon the value (i.e. cost) of completing such
work activity based upon market conditions at the time of Final Punchlist completion.
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
33
IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this agreement. At
least one counterpart each has been delivered to the CITY and CONTRACTOR. All portions of
the contract documents have been signed or identified by CITY and CONTRACTOR or by Public
Works Director on their behalf.
This Agreement will be effective on ����� �� �
CITY
�
Lane
Addresses for giving notices:
CITY
City of Okeechobee
55 SE 3�d Avenue
Okeechobee, FL 34974
CONTRACTOR
By:�
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Name: � •��'��
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Florida State Contractors License No
Approve or d legalit or the use and reliance of the City of Okeechobee only.
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Car n H. Kowalsky, Attorney
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
34
,<' `
NOTICE OF AWARD PW 05-10-09-20, SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS
FDOT FPN 440372-1
December 3, 2020
C. W. Roberts Contracting, Inc.
Attn: Mr. Todd Castleberry
806 NW 9th Street
Okeechobee, FL 34972
Dear Mr. Castleberry,
The City Council awarded the PW 05-10-09-20, SOUTHEAST 3R� AVENUE PAVEMENT IMPROVEMENTS bid to your
company, C. W. Roberts Contracting, Inc., at the December 1, 2020 City Council Meeting in the amount of $139,848.50. In order to
proceed with the project, you will need to provide the City of Okeechobee with the following by Friday, December 11, 2020:
�� A certified copy of the insurance policies with the declaration pages for the General Liability and Commercial Auto Insurance.
The insurance agent can use a stamp and state that it is a true and originai copy and then sign and date it or they can write
something to the fact on their letterhead listing the policy numbers, signing and dating it. The City of Okeechobee and the Florida
Department of Transportation both need to be listed as additional insured with the limits specified per Section V of the bid packet,
pages 8-15.
4• Workers Compensation Insurance certificate with the limits specified per Section V of the bid packet, pages 8-15.
✓• Copy of Florida Department of Transportation Certificate of Qualification.
v. Copy of State License.
✓• Copy of City and County of Okeechobee Business Tax Receipts.
✓• W-9.
,/ • Two original executed sets of the attached Agreement. One set will be returned to you after executed by the City.
We look forward to working with you on this project. Should you have any questions please feel free to contact me per my contact
information below.
Since e�+ �
� Allen
Public Works Director
City of Okeechobee
55 SE Third Avenue
Okeechobee, FL 34974
Tele: 863-763-9790 Fax: 863-763-1686
dallen(c�cityofokeechobee.com
NOTICE TO PROCEED
PW 05-10-09-20
FDOT FPN 440372-1
Date: February 8, 2021
To: C. W. Roberts Contractinq, Inc.
Contractor.
SUBJECT PROJECT: PW 05-10-09-20 Southeast 3�d Avenue Pavement Improvements
You are hereby notified to proceed with the Work on the subject Project on or after, February 8, 2021 and
to complete the same within 60 calendar days.
The completion date for the Work shall be: April 9, 2021.
OWNER: BY:
CITY OF OKEECHOBEE
55 SE THIRD AVENUE Dav len
OKEECHOBEE, FL 34974 Public Works Director
CONTRACTOR'S ACKNOWLEDGMENT OF RECEIPT OF NOTICE
CONTRACTOR:
Name: � �.r/ i��fl� � �?�,� Date: � - • .� -+
Address: S �'�' � w� T�i .5 r� cc.�- Signature,�� •./�:_.��
C% i�f� � tiL� Gc �, �% 91-� Title: � c,.. tz7��.�1 e•M '7'—
EXHIBIT A
PW 05-10-09-20
GOVERNING SPECIFICATIONS
The governing specifications for this project are the latest State of Florida Department of
Transportation Standard Specifications for Road and Bridge Construction (Dated 2019) and the
latest version of the FDOT Roadway and Traffic Design Standards (Dated 2018). The following
information provided in this Section is in addition to the specifications previously referenced and
shall be considered the governing condition in the case of conflicting information between
specifications, plans, and contract documents, unless otherwise determined by the Engineer.
BASE BID ITEMS:
1. Mobilization / Demobilization:
The bid price for this item shall include, but not be limited to the requirements of
Section 101 Mobilization of the Standard Specifications, as well as all operations
and preparations necessary to begin and end the work on the project. This shall
also include those operations necessary for the movement of personnel,
equipment, material and incidentals to the site, establishment of safety equipment,
first aid supplies, and sanitary facilities, as required by the Contract Documents.
The cost of required bonds and any insurance(s) shall be included in this item.
The cost for the Contractor to obtain the services of an Engineer to develop the
Stormwater Pollution and Prevention Plan (SWPPP) in order to apply for the
National Pollution Discharge Elimination System (NPDES) permit shall also be
included in this line item.
At the pre-construction meeting, the CONTRACTOR shall submit a tentative work
schedule as well as a list of subcontractors and emergency contact people and
phone numbers.
The basis of payment for Mobilization / Demobilization shall be paid as LUMP
SUM.
2. Maintenance of Traffic:
The bid price for this item shall include, but not be limited to, the requirements of
Section 102 Maintenance of Traffic of the Standard Specifications. The
maintenance of traffic for this project shall be in accordance with the applicable
FDOT index numbers (600 Series) and these documents: The Manual on Uniform
Traffic Control Devices for Streets and Highways, U.S. Department of
Transportation, and FHWA. These documents shall be followed in the design,
application, installation, maintenance and removal of the Maintenance of Traffic. It
shal� include, but not be limited to all traffic control devices, warning devices,
barriers, temporary reflective markers, temporary pavement markings, dust control
and all items necessary to protect the public and workmen from hazards within the
project limits.
At the Pre-Construction Meeting the CONTRACTOR shall submit a detailed plan
of how the existing traffic will be maintained through the work site during the
construction period along with the traffic control to be utilized for approval by the
ENGINEER. The following items shall apply:
City of Okeechobee
Public Works Department
Project No. PW OS-10-09-20
35
• The CONTRACTOR shall coordinate any type of traffic restrictions with
the Florida Department of Transportation and City of Okeechobee Public
Works Department.
• The CONTRACTOR shall always maintain at least one lane of travel
open. Both lanes of travel shall be open to travel at the end of each
workday.
• The CONTRACTOR shall notify the Florida Department of Transportation
and City of Okeechobee Public Works Department of any road restrictions
at least two (2) weeks prior to actual implementation.
• The CONTRACTOR shall always provide access to driveways.
The basis of payment for Maintenance of Traffic shall be paid as LUMP SUM.
3. Inlet Protection System:
The CONTRACTOR shall be required to provide Inlet Protection System for each
drainage inlet within the project limits in accordance with Section 104 Prevention,
Control, and Abatements of Erosion and Water Pollution of the Standard
Specifications, and Index 103 of the FDOT Roadway and Traffic Design Standards
for this project. The unit cost shall include, but is not limited to, the required
manpower, equipment, materials, maintenance, and any other items necessary to
place the Inlet Protection System as indicated on the plans. Also included in this
item is any maintenance or replacement of the Inlet Protection System for the
duration of the project. The CONTRACTOR will be responsible for the periodic
replacement of the Inlet Protection System as necessary to meet NPDES
discharge requirements at no additional costs to the CITY. All costs for removal of
the Inlet Protection System shall also be included in the bid item. The
CONTRACTOR shall submit a sketch or detailed written description of the
proposed turbiditv and pollution control to be used at the Pre-Construction meetinq
for approval bv the ENGINEER.
The basis of payment for Inlet Protection System shall be paid per EACH.
4. Mill Existing Asphalt Pavement (1") Average Depth:
The bid price for this item shall include, but not be limited to, the requirements of
Section 327 Mill Existing Asphalt Pavement of the FDOT Specifications and as
shown in the design plans. All the manpower, equipment, material, and any other
items necessary to perform this task shall also be included. Price and payment
will be full compensation for all the work specified under Section 327 of the FDOT
Specifications.
The basis of payment for Mill Existing Asphalt Pavement (1 ") Average Depth
shall be paid per SQUARE YARD.
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
36
5. Superpave Asphaltic Concrete Traffic C(SP-9.5):
The bid price for this item shall include, but not be limited to, the requirements of
Section 334 Superpave Asphalt Concrete of the FDOT Specifications and as
shown in the design plans. All the manpower, equipment, material, and any other
items necessary to perform this task shall also be included. One week prior to
performing this task the CONTRACTOR shall be required to submit the mix
designs for approval by the ENGINEER. Price and payment will be full
compensation for all the work specified under Section 334 of the FDOT
Specifications.
The basis of payment for Superpave Asphaltic Concrete Traffic C(SP-9.5) shall
be paid per TON.
6. Removal of existing sidewalk, curb and gutter
The bid price shall include, but not be limited to removal of existing drainage
structure and pipe, pavement, curbing, and sidewalks. Price shall include the
removal and disposal of all removed items including hauling, furnishing equipment,
equipment operation, furnishing any areas required for disposal of debris, leveling
of terrain, and the landscaping work of trimming, except for any areas designated
to be paid for separately or to be specifically included in the costs of other work
under the Contract.
The basis of payment for Removal of Existing Structures shall be paid as LUMP
SUM.
7. Sidewalk curb and ramp, FDOT Index 304, CR-F
The bid price for this item shall include, but not be limited to, the requirements of
Section 522 Concrete Sidewalk of the Standard Specifications. The unit cost shall
include all materials, manpower and equipment for installation as shown on the
plans.
The basis of payment for Sidewalk curb and ramp, FDOT Index 304, CR-F shall
be paid per EACH.
8. Detectable Warning Mat:
The bid price for this item shall include, but not be limited to, the requirements of
Section 527 Detectable Warnings on Walking Surfaces of the Standard
Specifications. The unit cost shall include all materials, manpower and equipment
for installation as shown on the plans.
The basis of payment for Detectable Mat shall be paid per SQUARE FOOT.
City of Okeechobee
Public Works Department
Project No. PW OS-10-09-20
37
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CONSTRUCTION PLANS FOR RESURFACING
OF
SE 3RD AVENUE - OKEECHOBEE FL
SECTION 15, TOWNSHIP 37S, RANGE 35E
OKEECHOBEE COIJNTY, FLORIDA
AGREEIVIENT NO. FPN 440372-1-54-01
iDE
�LM BEACH
VICINITY MAP
N0T TO SCAL[
SITE DATA:
1. PROJECT NAME: SE 3RD AVENUE, OKEECHOBEE FL
2. COMMISSION: MAYOR — DOWLING R. WATFORD JR.
COUNCILMEMBER — ROBERT KEEFE
COUNCILMEMBER — ROBERT JARRIEL
COUNCILMEMBER — MONICA CU1RK
COUNCILMEMBER — WES ABNEY
CITY ADMINISTRATOR — MARCOS MONTES DE OCA
J. OVER4LL ROADWAY LENGTH 2,900 t LINEAR FEET
SHEETINDEX
SHEET NUMBER SHEET TITLE/DESCRIPTION
1 COVER SHEET
2 PAVING, GR.4DING, 8 DETAIL PLAN - WITH AERIAL
3 PAVING, GRADING, & DETAIL PLAN - WITHOUT AERIAL
4 TYPICAL ROADWAY SECTION
NOTE: CONTRACTOR TO COORDINATE AND SUBMIT MAINTENANCE OF TRAFFIC TO CITY PRIOR TO WORK COMMENCING
MINIMUM OF 48 HOURS NOTICE REQUIRED BEFORE START OF WORK NOTICE TO BE GIVEN TO CITY PUBLIC WORKS DEPARTMENT
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CONTRACTOR TO COMPLETE MIUN7ENANCE OF 1RAFFIC PLAN FOR REVIEW PRIOR TO CONSTRUCTION
ALL IXCAVATID MA7ERIALS ARE iHE PROPFRTY OF THE qTY OF OKEECHOBEE ALL D(CAVA7ED MAiERIALS SHALL BE COORDINAiED VM1H
iHE PUBLIC WORKS DEPARTMENT FOR REMOVAL
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FOR REPLACEMENTS OR RISERS. INSTALLATIONS TO COMPLEfID BY CONiRACTOR UNDER THIS BID.
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CONSTRUCTION PLANS FOR SE 3RD AVENUE
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ALL D(CAVAiED MATERIALS ARE THE PROPERTY QF iHE qiY OF OKEECHOBEE ALL D(CAVAIED AIATERIALS SHALL BE COORDINATED N77H
7HE PUBIJC WORKS DEPARTMENT FOR REAIOVAL
PROJECT MIWNG LJMI75 ARE FOR ROADWAY TRANSIiIONS TO DOSi1NG ADJACETIT ROADWAY ELEVAiIONS
PROJECT CONTAINS U71L1TY VALVE BOXES, qTY TO COORDINATE N7TH CONiRACTOR AND OKFEpiOBEE UTIUTY AUTHORITY
FOR REPUCEMENiS OR RISERS INSTALLAiIONS TO COMPLETID BY CONTRACTOR UNDER iHIS BID.
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i5 SG 3RD AVLNUE
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,�63�"'-"'� RESURFACING AND SIGNAGE PLAN
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PROPOSED RESURFACING ROADWAYS TYPICAL SECTION
R/W
35'
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7.5 Ff TYPE F CURB ON-STREEf PARKING
4-INCH WHITE SOLID STRIPE (AS
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GROUND
� TYPICAL ROADWAY RESURFACING SECTION MINIMUM 1.5 INCHES (SP9.5�
DESIGN SPEED = 25 MPH
IN AREAS WITH CURBING VALID FOR LOCAL AND COLLECTOR STREETS
REQUN EDO ROSSHSLOPESGCAN NOT ALL OTHER STRIPING TO MATCH EXISTING CONDITION
EXCEED SHOWN
MILLING NOTED TO ACHIEVE TRANSITION TO EXISTING ELEVATION TO EXISTING ASPHALT
AVERAGE MILLING DEPTH 1 INCH
MAX OF Y2-INCH ABOVE CURB GUTTER ELEVATION
ALL STRIPING TO BE RESPONSIBILITY OF CITY NOT UNDER THIS PROJECT
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CONSTRUCTION PIANS FOR SE 3RD AVENUE
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RESURFACING SECTION
4 � 4
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C. W. Roberts Contracting, Inc.
EXHIBIT B
BID UNIT PRICE SCHEDULE
PW 05-10-09-20
OKEECHOBEE SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS
UNIT ESTIMATED UNIT
ITEM NO. DESCRIPTION MEASURE QUANTITY PRIC AMOUNT
E
1 MOBILIZATION / DEMOBILIZATION SUMP 1 $a,soo.00 $8,500.00
2 MAINTENANCE OF TRAFFIC S M 1 $2,soo.00 $2,300.00
3 INLET PROTECTION SYSTEM EACH 10 $235.00 $2,350.00
MILL EXISTING ASPHALTIC SQUARE $1.75
4 PAVEMENT, YARD $742 $15,298.50
1" AVERAGE DEPTH
SUPERPAVE ASPHALTIC $104.00
5 CONCRETE, TON 750 $78,000.00
TRAFFIC C SP-9.5
6 REMOVAL OF EXISTING LUMP � $4,soo.00 $4,600.00
SIDEWALK, CURB AND GUTTER SUM
7 SIDEWALK CURB AND RAMP, EACH 10 $2,zoo.00 $22,000.00
FDOT INDEX 304, CR-F
$ DETECTABLE VWVARNING MAT - SQUARE 200 $34.00 $6,800.00
BRICK RED FOOT
TOTAL BID AMOUNT �139,848.50
Based on Bid Unit Prices & Estimated Quantities
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department
Cfa
C. W. Roberts Contracting, Inc.
Bidders Company Name C. W. Roberts Contracting, Inc.
NOTE: This Bid is on a unit price basis. The total estimated amount is for Bid comparison
purposes only. The Contractor should field verify the actual site conditions prior to time of bidding
and before submitting the Bid proposal. The Contractor should read the special conditions and
the requirements for insurance before submitting a Bid proposal. The Contractor should verify the
quantities to be included in the construction contract. The Contractor shall furnish the City of
Okeechobee with a Payment and Performance Bond in 100 percent (100%) of the total estimated
amount of the contract. The Payment and Performance Bond shall continue in effect for one (1)
year after completion and acceptance of the work as guarantee against construction defects. The
Contractor in his Bid shall include the cost of said bond.
I have attached the required 5 percent (5%) Bid Security to this Bid.
Bidder: C. W. Roberts Contracting, Inc.
mpany e)
� , �'°�
By: Title
(Signature)
W. Todd Castlebe
(Printed Name)
Date: October 22, 2020
Vice President
Email: tcastleberry@cwrcontracting.com
Mailing Address: $06 NW 9th St. Okeechobee, Florida 34972
Office Number: $63-763-7373 Fax Number: $63-763-7379
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
43
SECTION VIII
PW 05-10-09-20
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, Grafuities 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 required 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 Cateqory 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
Project No. PW 05-10-09-20
44
F. Conflict of /nteresf: 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.
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
45
C. W. Roberts Contracting, Inc.
ATTACHMENT A
PW 05-10-09-20
NO LOBBYING AFFIDAVIT
STATE OF FLORIDA
COUNTY OF Okeechobee
This 22nd day of October , 20 20 , W. Todd Castleberry being first duly sworn,
deposes and says that he/she is the authorized representative of
C. W. Roberts Contracting, Inc. (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.
��
A iant �
The foregoing instrument was acknowledged before me by means of X physical presence or
online notarization, this 22nd day of October , 20 ZO , by W. Todd Castleberry , who is
personally known to me or produced as identification.
�,..�.�'�"�. -
�v�'Y •� Notary Public State oi Florida
, Jacqueline J Patmer
+ .. � My Commission GG 2582g3
�a n� Expires 09/11f2022
City of Okeechobee
Public Works Department
� � �� ��� �
� �, �
ota ublic Sign t e
t'' ommission No. L-t�7c���',�����
Project No. PW 05-10-09-20
46
C. W. Roberts Contracting, Inc.
ATTACHMENT B
PW 05-10-09-20
ANTI-COLLUSION STATEMENT AND NO GIFTS STATEMENT
Date: October 22, 2020
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
C. W. Roberts Contracting, Inc.
Vice President
806 NW 9th St.
Okeechobee, Florida 34972
863-763-7373
Project No. PW 05-10-09-20
47
C. W. Roberts Contracting, Inc.
ATTACHMENT C
PW 05-10-09-20
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 # 1 Date: 10/15/20 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.
C. W. Roberts Contracting, Inc.
Name of Business
.
� -,.
..._-�-
Authorized Si nature
806 NW 9th St.
Mailing Address
Okeechobee, Florida 34972
City, State & Zip Code
863-763-7373 / 863-763-7379
Telephone Number/Fax Number
W. Todd Castleberry, Vice President
Name & Title, Typed
STATE OF FLORIDA
COUNTY OF Okeechobee
tcastleberry@cwrcontracting. com
Email Address
The foregoing instrument was acknowledged before me by means of x physical presence or
online notarization, this 22nd day of October , 20 20 , by W. Todd Castleberry , who
is personally known to me or produced as identification.
. _..._----------,.
' .�' �
�a � ,�_.
�,o*�•� NotaryPuDlicStateofFlorida /` ta �'ublic Sign �e ,
�. Jacqueline J Palmer � C mmission No. -,=�'�� �i
� My Commission GG 258283
���� Expires06/1112022
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department
48
.�.��<�i'r��
' Okeechobee
Okeechobee Public Works
PW 05-10-09-20
FDOT FPN 440372-1
SOUTHEAST 3rd AVENUE PAVEMENT IMPROVEMENTS
Addendum 1
October 15. 2020
Question: Is striping included in this project?
Answer: Striping is not included in the scope of this project.
�•
J�'i.Ji/ i.; (�%r<�i�t
Daaid Allen
Public Works Director
Clarification: All millings produced during the project are the property of the City. Millings are
to be delivered to the City's Public Works Facility located at 500 NW 11th Avenue, Okeechobee
FL 34974. The Public Works Facility is approximately 1.5 miles from the project location. The
facility is normally open from 6:3Q am to 5:00 pm Monday — Thursday. Arrangements for tne
facility to be open at other times can be made by contacting the Public Works Department.
Okeechobee Public Works
PW 05-10-09-20
FDOT FPN 440372-1
SOUTHEAST 3rd AVENUE PAVEMENT IMPROVEMENTS
Pre-bid meeting, October 14, 2020
Agenda
1. Introduction
2. Project Scope
a. Pavement improvements including milling, resurfacing, and concrete sidewalk
ADA ramp construction on SE 3rd Avenue from Park Street (SR 70) to SE 4th
Street.
3. FDOT Funded Project
a. Governing Specifications for the project are the current FDOT the overriding
specifications for the project.
b. The conditions in the Grant Funded agreement included in the appendix to the
bid document are the overriding conditions for the project.
4. Bonding requirements
a. Bid bond will be required for the project.
b. Performance and other bonds are based on the criteria as outlined in section V
of the bid document.
Mailing address: 55 SE 3�d Ave, Facility Address 500 NW 11th Avenue • Okeechobee FL 34974 • 863-763-3926
C. W. Roberts Contracting, Inc.
ATTACHMENT D
PW 05-10-09-20
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.
This sworn statement is submitted to CITY OF OKEECHOBEE, FLORIDA by:
W. Todd Castleberry (print Individual's name and title) for:
C. W. Roberts Contracting, Inc.
(print name of entity submitting sworn statement) whose business address is
806 NW 9th St. Okeechobee, Florida 34972 and (if
applicable) its Federal Employer ldentification Number (FEIN) is: 59-1683951
(If the entity has no FEIN, include the Sociaf Security Number of the Individual signing this
sworn statement: - - .)
2. I understand that a"public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including but not limited to,
any Bid or contract for goods or services to be provided to any public entity or an agency
or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,
non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market
value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the preceding
36 months shall be considered an affiliate.
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
49
C. W. Roberts Contracting, Inc.
5. I understand that a"person" as defined in Paragraph 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the 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 DEGEMBER 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 CTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY C NGE IN T ORMATION CONTAINED IN THIS FORM.
./' � �.
Signature✓"� ��—� --
STATE OF FLORIDA
COUNTY OF Okeechobee
The foregoing instrument was acknowledged before me by means of X physical presence or
online notarization, this 22nd day of October , 20 20 , by W. Todd Castleberry , who
is personally known to me or produced as i ntification.
r � ' t ` ^� �
tary lic Signatur
�'�' `i; Jacque ne.� al erb� Commission No.,�-[�-1 (�_`��.7��[ 7
g... � My Commission GG 258293
�'i��� Expires08/17J2022
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department
50
C. W. Roberts Contracting, Inc.
ATTACHMENT E
PW 05-10-09-20
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.
YES
Name(s)
Firm Name:
By (Printed):
By (Signature):
Florida 34972
Title: Vice President
Address: $06 NW 9th St. Okeech
Phone Number: 863-763-7373
City of Okeechobee
Public Works Department
C. W. Roberts Contracting, Inc.
W. Todd Castleberr
NO X
Position(s)
Project No. PW 05-10-09-20
51
C. W. Roberts Contracting, Inc.
ATTACHMENT F
PW 05-10-09-20
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
("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.
C. W. Roberts Contracting, Inc.
pany e -- �__---_
Signatu
Vice President
Title
October 22, 2020
Date
STATE OF FLORIDA
COUNTY OF Okeechobee
The foregoing instrument was acknowledged before me by means of X physical presence or
online notarization, this 22nd day of October , 2020 , by W. Todd Castleberry , who
is personally known to me or produced as i nti ication.
._ - -- ,
�' ,� � / �
tary u lic Signatur
�.r*Y "+�.. Notary Public State of Florida �
`; JaCqueline J Palmer
/�� �j
�c, � MyCommissionGG258263 mmission No. -t(�"t C�-�E�%� ,�
a, � Expires 09H tl2022
City of Okeechobee Project No. PW 05-10-09-20
Public Works Department
52
C. W. Roberts Contracting, Inc.
ATTACHMENT G
PW 05-10-09-20
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.
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: October 22, 2020
Company: C. W. Roberts Contracting, Inc.
Address: $06 NW 9th St.
Okeechobee, Florida 34972
City of Okeechobee
Public Works Department
Name: W� Todd Castleberry
Title: Vice President
Phone Number: $63-763-7373
Project No. PW 05-10-09-20
53
C. W. Roberts Contracting, Inc.
ATTACHMENT H
CITY OF OKEECHOBEE
SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS
PW 05-10-09-20
REFERENCE
Client Name: City of Fort Pierce
Client Phone Number: 7�2-46�-3000
Cllent E-mail: Tracy Telle TTelle@City-FtPierce.Com
Service Dates: Beginning o9/2019 End 12/2o1s
Estimated Annual Contract Amount: �351,634.96
Description of the services performed as they directly relate to the work of this Request
for Bid:
Furnish and Install Asphalt, replace sidewalks, driveways, curb and gutter
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
54
C. W. Roberts Contracting, Inc.
ATTACHMENT H
CITY OF OKEECHOBEE
SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS
PW 05-10-09-20
REFERENCE
Client Name: City of Port St. Lucie
Client Phone Number: 772-871-5157
Cllent E-matl: Gary Jones gjones@gocaptec.com
Service Dates: Beginning 6/2019 End 1o/2o1s
Estimated Annual Contract Amount: �4�3,821.56
Description of the services performed as they directly relate to the work of this Request
for Bid:
Sidewalk Construction
City of Okeechobee
Public Works Department
Project No. PW 05-10-09-20
54
C. W. Roberts Contracting, Inc.
ATTACHMENT H
CITY OF OKEECHOBEE
SOUTHEAST 3RD AVENUE PAVEMENT IMPROVEMENTS
PW 05-10-09-20
REFERENCE
Client Name: Okeechobee Co
Client Phone Number: 863-763-6441
Cllent E-mall: rchartier@co.okeechobee.fl.us
Service Dates: Beginning o3/202o End 9/2020
Estimated Annual Contract Amount: �2,204,836.10
Description of the services perFormed as they directly relate to the work of this Request
for Bid:
Milling and Resurfacing CR68
City of Okeechobee
Public Works Department
Project Na. PW 05-10-09-20
54
ATTACHMENT I
CITY OF OKEECHOBEE
SOUTHEAST 3RD AVENUE
PAVEMENTIMPROVEMENTS
PW 05-10-09-20
r� �.
��lorr�a �e�artrnent of Transpor�cttion
N�c�:scorr 605 Suwannee Street
covFKroH Tallahassee, FL 32399-0450
February 7, 2018
Da�id Allen
Public Works Director
City of Okeechobee
55 Southeast 3ro A�enue
Okeechobee, FL 34974
RE: NOTICE TO PROCEED — DESIGN SERVICES
FM #: 440372-1-54-01
Agency: City of Okeechobee
Contract #: GOT44
Description: SE 3`d Avenue from SR 70 to SE 4'h Street
Dear M�. Allen
�91KF, DEN'
SF.CRETARI�
In accorda�ce with the State Funded Grant Agreement, executed on January 10, 2018
between the Florida Department of Transportation and City of Okeechobee for resurfacing of SE
3fd Avenue from SR 70 to SE 4'h Street. You are hereby aulhorized ffl proceed with the
design phase of this project. Once the Departrnent has reviewed and approved the Final
Design Plans, a separate Notice to Proceed will be issued for the bidding phase of the p�oject.
If I can be of further assistance, please contact me at (863} 519-2324 or Rick Arico at (239) 225-
1973.
Sincerely,
�
Jobin Abraham
Local Program Coordinator
Cc: File
Lisa R. Brinson, Local Program Administrator
Rick Arico, Senior Roadway Engineer
Cha�les R. Reed II, LAP Construction PM
ww�. fcioi. gov
55
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE-FUNDED GRANT AGREEMENT
szs-oio-so
PROGRAM MANAGEMENT
osi, �
FPN: 440372-1-54-01 Fund: SCRC FLAIR Category:
Org Code: 55014010106 FLAIR Obj:
FPN:
FPN:
Fund:
Org Code:
Fund:
Org Code:
FLAIR Category:
FLAIR Obj:
FLAIR Category:
FLAIR Obj:
County No:91 Contract No: GOT44 Vendor No: F596000393001
THIS STATE-FUNDED GRANT AGREEMENT ("AgreemenY') is entered into on cldn►varty /d�; ,20!&
(This date to be e�tered by DOT only) �
by and between the State of Florida Department of Transportation, ("DepartmenY'), and the Citv of Okeechobee,
("RecipienY'). The
Department and the Recipient are sometimes referred to in this Agreement as a"Party" and collectively as the "Parties".
NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties
agree to the following:
1. Authority: The Department is authorized to enter into this Agreement pursuant to Sections 334.044, 334.044(7),
and (select the applicable statutory authority for the program(s) below):
� Section 339.2817 Florida Statutes, County Incentive Grant Program (CIGP), (CSFA 55.008)
� Section 339.2818 Florida Statutes, Small County Outreach Program (SCOP), (CSFA 55.009)
❑ Section 339.2816 Florida Statutes, Small County Road Assistance Program (SCRAP), (CSFA 55.016)
❑ Section 339.2819 Florida Statutes, Transportation Regional Incentive Program (TRIP), (CSFA 55.026)
❑ Insert Leqal Authoritv , Insert Funding Proqram Name , Insert CSFA Number
The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "E",
Recipient Resolution, and made a part of this Agreement, has authorized its officers to execute this Agreement
on its behalf.
2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in
construction for the resurfacinq of SE 3�d Avenue from SR 70 (Park St) to SE 4�h Street> as further described in
Exhibit "A", Project Description and Responsibilities, attached to and incorporated into this Agreement
("Project"); to provide Department financial assistance to the Recipient; state the terms and conditions upon which
Department funds will be provided; and to set forth the manner in which the Project will be undertaken and
com pleted.
3. Term of the Agreement, Commencement and Completion of the Project: This Agreement shall commence
upon full execution by both Parties and the Recipient shall complete the Project on or before Mav ls', 2021. If the
Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the
scheduled completion as provided in this paragraph unless an extension of the time period is requested by the
Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this
Agreement will be considered termination of the Project. The Recipient acknowledges that no funding for the Project
will be provided by the State under this Agreement for work on the Project that is not timely completed and invoiced
in accordance with the terms of this Agreement. The cost of any work performed prior to full execution of the
Agreement. Notwithstanding the expiration of the required completion date provided in this Agreement and the
consequent potential unavailability of any unexpended portion of State funding to be provided under this Agreement,
Page 1 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRAiVT AGREEMEiVT PROGRAM MANAGEMENT
osn �
the Recipient shall remain obligated to complete all aspects of the Project identified in Exhibit "A" in accordance
with the remaining terms of this Agreement, unless otherwise agreed by the Parties, in writing.
Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Recipient for the design
phase or other non-construction phases of the Project. If the Project involves a construction phase, the Recipient
shall not begin the construction phase of the Project until the Department issues a written Notice to Proceed for the
construction phase. Prior to commencing the construction work described in this Agreement, the Recipient shall
request a Notice to Proceed from the Department.
4. Amendments, Extensions and Assignment: This Agreement may be amended or extended upon mutual
written agreement of the Parties. This Agreement shall not be assigned, transferred or otherwise encumbered by
the Recipient under any circumstances without the prior written consent of the Department.
5. Termination or Suspension of Project: The Department may, by written notice to the Recipient, suspend any or
all of the Department's obligations under this Agreement for the RecipienYs failure to comply with applicable law or
the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or
been corrected. The Department may also terminate this Agreement in whole or in part at any time the interest of
the Department requires such termination.
a. If the Department terminates the Agreement, the Department shall notify the Recipient of such termination
in writing within thirty (30) days of the DepartmenYs determination to terminate the Agreement, with
instructions as to the effective date of termination or to specify the stage of work at which the Agreement is
to be terminated.
b. The Parties to this Agreement may also terminate this Agreement when its continuation would not produce
beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree
upon the termination conditions through mutual written agreement.
c. If the Agreement is terminated before pertormance is completed, the Recipient shall be paid only for that
work satisfactorily performed for which costs can be substantiated. Such payment, however, may not
exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily
completed is a percentage of the total work called for by this Agreement. All work in progress on the
Department right-of-way will become the property of the Department and will be turned over promptly by
the Recipient.
d. Upon termination of this Agreement, the Recipient shall, within thirty (30) days, refund to the Department
any funds determined by the Department to have been expended in violation of this Agreement.
6. Project Cost:
a. The estimated cost of the Project is $123,531.00. This amount is based upon the Schedule of Financial
Assistance in Exhibit "B", attached and incorporated in this Agreement. The Schedule of Financial
Assistance may be modified by execution of an amendment of the Agreement by the Parties.
The Department agrees to participate in the Project cost up to the maximum amount of $123.531.00 and,
additionally the DepartmenYs participation in the Project shall not exceed l00% of the total cost of the
Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The DepartmenYs
participation may be increased or reduced upon a determination of the actual bid amounts of the Project by
the execution of �n amendment. The Recipient agrees to bear all expenses in excess of the amount of the
Department's pa�ticipation and any cost overruns or deficits incurred in connection with completion �f the
Project.
c. The Department's participation in eligible Project costs is subject to, but not limited to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
Page 2 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUiVDED GRANT AGREEMEMT PROGRAMMANAGEMENT
09/17
ii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of
this Agreement; and
iii. Department approval of the Project scope and budget at the time appropriation authority becomes
available.
7. Compensation and Payment:
a. The Department shall reimburse the Recipient for costs incurred to perform services described in the
Project Description and Responsibilities in Exhibit "A", and as set forth in the Schedule of Financial
Assistance in Exhibit "B".
b. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be pertormed and the criteria for evaluating successful
completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit "A", Project Description and Responsibilities. Any changes to the deliverables shall
require an amendment executed by both parties.
c. Invoices shall be submitted no more often than monthly and no less than quarterly by the Recipient in detail
sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable and verifiable
deliverables as established in Exhibit "A". Deliverables and costs incurred must be received and approved
by the Department prior to reimbursements. Requests for reimbursement by the Recipient shall include an
invoice, progress report and supporting documentation for the period of services being billed that are
acceptable to the Department. The Recipient shall use the format for the invoice and progress report that
is approved by the Department.
d. Supporting documentation must establish that the deliverables were received and accepted in writing by
the Recipient and must also establish that the required minimum standards or level of service to be
performed based on the criteria for evaluating successful completion as specified in Exhibit "A" has been
met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of charges as described in Attachment F
— Contract Payment Requirements.
e. Travel expenses are not compensable under this Agreement.
f. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance
payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216,
Florida Statutes or the DepartmenYs Comptroller under Section 334.044(29), Florida Statutes.
❑ If this box is selected, advance payment is authorized for this Agreement and Exhibit "G",
Alternative Advance Payment Financial Provisions is attached and incorporated into this
Agreement.
If the Department determines that the performance of the Recipient is unsatisfactory, the Department shall
notify the Recipient of the deficiency to be corrected, which correction shall be made within a time-frame to
be specified by the Department. The Recipient shall, within thirty (30) days after notice from the Department,
provide the Department with a corrective action plan describing how the Recipient will address all issues of
contract non-performance, unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the
Department, the Recipient will not be reimbursed to the extent of the non-performance. The Recipient will
not be reimbursed until the Recipient resolves the deficiency. If the deficiency is subsequently resolved, the
Recipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If
the Recipient is unable to resolve the deficiency, the funds shall be forfeited at the end of the AgreemenYs
term.
Recipients receiving financial assistance from the Department should be aware of the following time
frames. Inspection and approval of deliverables and costs incurred shall take no longer than 20 days
from the DepartmenYs receipt of the invoice. The Department has 20 days to deliver a request for
Page 3 of 14
STATE OF FLORIDA �EPARTMENT OF TRANSPORTATION 525-0'10-60
STATE-FUNDED GRANT AGREEMEfVT PROGRAMMANAGEMENT
osn �
payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of
the date the invoice is received or the deliverables and costs incurred are received, inspected, and
approved.
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the
Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests
payment. Invoices that have to be returned to a Recipient because of Recipient preparation errors will
result in a delay in the payment. The invoice payment requirements do not start until a properly
completed invoice is provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for Recipient who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
g. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are
tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of this Agreement and for five
years after final payment is made. Copies of these documents and records shall be furnished to the
Department upon request. Records of costs incurred include the RecipienYs general accounting records
and the project records, together with supporting documents and records, of the contractor and all
subcontractors performing work on the project, and all other records of the contractor and subcontractors
considered necessary by the Department for a proper audit of costs.
h. Progress Reports. Upon request, the Recipient agrees to provide progress reports to the Department in
the standard format used by the Department and at intervals established by the Department. The
Department will be entitled at all times to be advised, at its request, as to the status of the Project and of
details thereof.
i. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services perFormed pursuant to this Agreement, the Department may offset such amount from payments
due for work or services done under any agreement which it has with the Recipient owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount
pursuant to this paragraph shall not be considered a breach of contract by the Department.
j. The Recipient must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
k. The DepartmenYs performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. If the DepartmenYs financial assistance for this Project is in multiple fiscal
years, a notice of availability of funds from the DepartmenYs project manager must be received prior to
costs being incurred by the Recipient. See Exhibit "B" for funding levels by fiscal year. Project costs
utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being
received. The Department will notify the Recipient, in writing, when funds are available.
I. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the
provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"The Department, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of
the amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection is null and void, and no money may
be paid on such contract. The Department shall require a statement from the comptroller
of the Department that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years, and this paragraph shall be incorporated verbatim in all contracts of the Department
Page 4 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0'IOEO
STATE-FUNDED GRANT AGREEMENT PROC�RAM MANAGEMENT
09/17
which are for an amount in excess of $25,000 and which have a term for a period of more
than 1 year."
m. Any Project funds made available by the Department pursuant to this Agreement which are determined by
the Department to have been expended by the Recipient in violation of this Agreement or any other
applicable law or regulation, shall be promptly refunded in full to the Department. Acceptance by the
Department of any documentation or certifications, mandatory or otherwise permitted, that the Recipient
files shall not constitute a waiver of the DepartmenYs rights as the funding agency to verify all information
at a later date by audit or investigation.
n. In determining the amount of the payment, the Department will exclude all Project costs incurred by the
Recipient prior to the execution of this Agreement, costs incurred prior to issuance of a Notice to Proceed,
costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved
Schedule of Financial Assistance in Exhibit "B" for the Project, costs agreed to be borne by the Recipient
or its contractors and subcontractors for not meeting the Project commencement and final invoice time
lines, and costs attributable to goods or services received under a contract or other arrangements which
have not been approved in writing by the Department.
8. General Requirements:
The Recipient shall complete the Project with all practical dispatch in a sound, economical, and efficient manner,
and in accordance with the provisions in this Agreement and all applicable laws.
a. The Recipient must obtain written approval from the Department prior to performing itself (through the
efforts of its own employees) any aspect of the Project that will be funded under this Agreement.
❑ If this box is checked, then the Agency is permitted to utilize its own forces and the following
provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase
of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this
excludes general overhead).
b. The Recipient shall provide to the Department certification and a copy of appropriate documentation
substantiating that all required right-of-way necessary for the Project has been obtained. Certification is
required prior to authorization for advertisement for or solicitation of bids for construction of the Project,
including if no right-of-way is required.
c. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and
conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
d. The Recipient shall have the sole responsibility for resolving claims and requests for additional work for the
Project by the Recipient's contractors and consultants. No funds will be provided for payment of claims or
additional work on the Project under this Agreement without the prior written approval of the claim or request
for additional work by Department.
9. Contracts of the Recipient
a. The Department has the right to review and approve any and all third party contracts with respect to the
Project before the Recipient executes any contract or obligates itself in any manner requiring the
disbursement of Department funds under this Agreement, including consultant or construction contracts or
amendments thereto. If the Department exercises this right and the Recipient fails to obtain such approval,
the Department may deny payment to the Recipient. The Department may review the qualifications of any
consultant or contractor and to approve or disapprove the employment of such consultant or contractor.
b. It is understood and agreed by the parties hereto that participation by the Department in a project that
involves the purchase of commodities or contractual services or the purchasing of capital equipment or the
equipping of facilities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per
Chapter 287.017 Florida Statutes, is contingent on the Recipient complying in full with the provisions of
Chapter 287.057 Florida Statutes The Recipient shall certify to the Department that the purchase of
Page 5 of 14
STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUMDED GRARIT AGREEMEfVT PROGRAM MANAGEMENT
osn �
commodities or contractual services has been accomplished in compliance with Chapter 287.057 Florida
Statutes It shall be the sole responsibility of the Recipient to ensure that any obligations made in accordance
with this Section comply with the current threshold limits. Contracts, purchase orders, task orders,
construction change orders, or any other agreement that would result in exceeding the current budget
contained in Exhibit "B", or that are not consistent with the Project description and scope of services
contained in Exhibit "A" must be approved by the Department prior to Recipient execution. Failure to
obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be
sufficient cause for nonpayment by the Department.
c. Participation by the Department in a project that involves a consultant contract for engineering, architecture
or surveying services, is contingent on the RecipienYs complying in full with provisions of Section 287.055,
Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Recipient shall certify to the
Department that selection has been accomplished in compliance with the Consultants' Competitive
Negotiation Act.
d. If the Project is procured pursuant to Chapter 255 for construction services and at thetime of the competitive
solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated
funds, then the Recipient must comply with the requirements of Section 255.0991, Florida Statutes.
10. Design and Construction Standards and Required Approvals: I� the event the Project includes construction
the following provisions are incorporated into this Agreement:
a. The Recipient is responsible for obtaining all permits necessary for the Project.
b. In the event the Project involves construction on the DepartmenYs right-of-way, the Recipient shall provide
the Department with written notification of either its intent to:
i. Award the construction of the Project to a Department prequalified contractor which is the lowest
and best bidder in accordance with applicable state and federal statutes, rules, and regulations.
The Recipient shall then submit a copy of the bid tally sheet(s) and awarded bid contract, or
ii. Construct the Project utilizing existing Recipient employees, if the Recipient can complete said
Project within the time frame set forth in this Agreement. The RecipienYs use of this option is subject
to approval by the Department.
c. The Recipient shall hire a qualified contractor using the RecipienYs normal bid procedures to perform the
construction work for the Project. For projects that are not located on the DepartmenYs right-of-way, the
Recipient is not required to hire a contractor prequalified by the Department unless the Department
notifies the Recipient prior to letting that they are required to hire a contractor prequalified by the
Department.
The Recipient is responsible for provision of Construction Engineering Inspection (CEI) services. The
Department reserves the right to require the Recipient to hire a Department pre-qualified consultant firm
that includes one individual that has completed the Advanced Maintenance of Traffic Level Training.
Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed
Professional Engineer who shall provide the certification that all design and construction for the Project
meets the minimum construction standards established by Department. The Department shall have the
right to approve the CEI firm. The Department shall have the right, but not the obligation, to perForm
independent assurance testing during the course of construction of the Project. Subject to the approval of
the Department, the Recipient may choose to satisfy the requirements set forth in this paragraph by either
hiring a Department prequalified consultant firm or utilizing Recipient staff that meet the requirements of
this paragraph, or a combination thereof.
e. The Recipient is responsible for the preparation of all design plans for the Project. The Department reserves
the right to require the Recipient to hire a Department pre-qualified consultant for the design phase of the
Project using the RecipienYs normal procurement procedures to perform the design services for the Project.
All design work on the Project shall be pertormed in accordance with the requirements of all applicable laws
and governmental rules and regulations and federal and state accepted design standards for the type of
Page 6 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
09/17
construction contemplated by the Project, including, as applicable, but not limited to, the applicable
provisions of the Manual of Uniform Traffic Control Devices (MUTCD) and the AASHTO Policy on
Geometric Design of Streets and Highways. All design work for any portion of the Project to be located on
Department right-of-way shall conform to all applicable standards of the Department, as provided in Exhibit
"F", Terms and Conditions of Construction, which is attached to and incorporated into this Agreement
if a portion of the Project will be located on FDOT's right of way.
f. The Recipient shall adhere to the Department Conflict of Interest Procedure (FDOT Topic No. 375-030-
006) or Conflict of Interest Procedure for State Funded Grant Programs (FDOT Topic No. 750-000-002).
g. The Recipient will provide copies of the final design plans and specifications and final bid documents to the
DepartmenYs Construction Project Manager prior to commencing construction of the Project. The
Department will specify the number of copies required and the required format.
h. The Recipient shall require the RecipienYs contractor to post a payment and performance bond in
accordance with applicable law.
i. The Recipient shall be responsible to ensure that the construction work under this Agreement is perFormed
in accordance with the approved construction documents, and that it will meet all applicable Recipient and
Department standards.
j. Upon completion of the work authorized by this Agreement, the Recipient shall notify the Department in
writing of the completion of construction of the Project; and for all design work that originally required
certification by a Professional Engineer, this notification shall contain an Engineers Certification of
Compliance, signed and sealed by a Professional Engineer, the form of which is attached hereto and
incorporated herein as Exhibit "C", Engineers Certification of Completion. The certification shall state
that work has been completed in compliance with the Project construction plans and specifications. If any
deviations are found from the approved plans, the certification shall include a list of all deviations along with
an explanation that justifies the reason to accept each deviation.
k. The Recipient shall provide the Department with as-built plans of any portions of the Project funded through
the Agreement prior to final inspection.
11. IVlaintenance Obligations: In the event the Project includes construction then the following provisions are
incorporated into this Agreement:
The Recipient agrees to maintain any portion of the Project not located on the State Highway System
constructed under this Agreement for its useful life. If the Recipient constructs any improvement on
Department right-of-way, the Recipient
� shall
❑ shall not
maintain the improvements located on the Department right-of-way made for their useful life. If the Recipient
is required to maintain Project improvements located on the Department right-of-way beyond final
acceptance, then Recipient shall, prior to any disbursement of the State funding provided under this
Agreement, also execute a Maintenance Memorandum of Agreement in a form that is acceptable to the
Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and
incorporated into this Agreement as Exhibit "E". This provision will survive termination of this Agreement.
12. State Single Audit: The administration of resources awarded through the Department to the Recipient by this
Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the
authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official.
The Recipient shall comply with all audit and audit reporting requirements as specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring
procedures to monitor the RecipienYs use of state financial assistance may include but not be limited to on-
Page 7 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRAMT AGREEMENT PROGRAM MANAGEMENT
osn �
site visits by Department staff and/or other procedures including, reviewing any required performance and
financial reports, following up, ensuring corrective action, and issuing management decisions on
weaknesses found through audits when those findings pertain to state financial assistance awarded through
the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and
cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The
Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits
deemed necessary by the Department, the Department of Financial Services (DFS) or the Auditor General.
b. The Recipient, a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes, as a recipient of state
financial assistance awarded by the Department through this Agreement is subject to the following
requirements:
In the event the Recipient meets the audit threshold requirements established by Section 215.97,
Florida Statutes, the Recipient must have a State single or project-specific audit conducted for such
fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General. Exhibit "D" to this Agreement indicates
state financial assistance awarded through the Depa�tment by this Agreement needed by the
Recipient to further comply with the requirements of Section 215.97, Florida Statutes. In
determining the state financial assistance expended in a fiscal year, the Recipient shall consider
all sources of state financial assistance, including state financial assistance received from the
Department by this Agreement, other state agencies and other nonstate entities. State financial
assistance does not include Federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
ii. In connection with the audit requirements, the Recipient shall ensure that the audit complies with
the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial
reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
iii. In the event the Recipient does not meet the audit threshold requirements established by Section
215.97, Florida Statutes, the Recipient is exempt for such fiscal year from the state single audit
requirements of Section 215.97, Florida Statutes. However, the Recipient must provide a single
audit exemption statement to the Department at FDOTSing�eAudit@dot.state.fl.us no later than
nine months after the end of the RecipienYs audit period for each applicable audit year. In the event
the Recipient does not meet the audit threshold requirements established by Section 215.97,
Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the
RecipienYs resources (i.e., the cost of such an audit must be paid from the Recipient's resources
obtained from other than State entities).
iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, copies of financial reporting packages required by
this Agreement shall be submitted to:
Page 8 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-070-60
STATE-FUNDED GRANT AGREEMEMT PROGRAM MANAGEMENT
09/17
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: t�i)FJ�i �inqieAudi7(a�doz.sfac�.fi.us
And
State of Florida Auditor General
Local Government Audits/342
111 West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaiadqen localaoviar'�,aud.state.fl.u�
v. Any copies of financial reporting packages, reports or other information required to be submitted to
the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
vi. The Recipient, when submitting financial reporting packages to the Department for audits done in
accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, should indicate the date the reporting package was
delivered to the Recipient in correspondence accompanying the repo�ting package.
vii. Upon receipt, and within six months, the Department will review the RecipienYs financial reporting
package, including corrective action plans and management letters, to the extent necessary to
determine whether timely and appropriate corrective action on all deficiencies has been taken
pertaining to the state financial assistance provided through the Department by this Agreement. If
the Recipient fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the
Department may take appropriate corrective action to enforce compliance.
viii. As a condition of receiving state financial assistance, the Recipient shall permit the Department, or
its designee, DFS or the Auditor General access to the RecipienYs records including financial
statements, the independent auditor's working papers and project records as necessary. Records
related to unresolved audit findings, appeals or litigation shall be retained until the action is
complete or the dispute is resolved.
c. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement
for a period of five years from the date the audit report is issued and shall allow the Department, or its
designee, DFS or the Auditor General access to such records upon request. The Recipient shall ensure
that the audit working papers are made available to the Department, or its designee, DFS or the Auditor
General upon request for a period of five years from the date the audit report is issued unless extended in
writing by the Department.
13. Restrictions, Prohibitions, Controls and Labor Provisions:
A person or affiliate who has besn placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
b. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the
Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid
on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public
Page 9 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0'10-60
STATE-FUMDED GRANT AGREEMEiVT PROGRAM MANAGEMENT
09/17
entity for the construction or repair of a public building or public work; may not submit bids on leases of real
property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact business with any public entity.
c. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further
been determined by the Department to be a non-responsible contractor may not submit a bid or perform
work for the construction or repair of a public building or public work on a contract with the Recipient.
d. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial
branch, or any state agency, in accordance with Section 216.347, Florida Statutes.
e. The Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized
aliens, such violation will be cause for unilateral cancellation of this Agreement.
f. The Recipient shall:
i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by the Recipient during the term of the contract; and
Expressly require any subcontractors performing work or providing services pursuant to the
state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor during the contract
term.
g. The Recipient shall comply and require its contractors and subcontractors to comply with all terms and
conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.
14. Indemnification and Insurance:
a. It is not intended by any of the provisions of any part of this Agreement to create in the public or any member
thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement
to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this
Agreement. The Recipient guaranties the payment of all just claims for materials, supplies, tools, or labor
and other just claims against the Recipient or any subcontractor, in connection with this Agreement.
Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section
768.28, Florida Statutes, the Recipient agrees to indemnify and hold harmless the Department , including
the DepartmenYs officers and employees, from liabilities, damages, losses and costs, including, but not
limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional
wrongful misconduct of the Recipient and persons employed or utilized by the Recipient in the performance
of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the RecipienYs
sovereign immunity. Additionally, the Recipient agrees to include the following indemnification in all
contracts with contractors/subcontractors and consultantslsubconsultants who perform work in connection
with this Agreement:
"To the fullest extent permitted by law, the RecipienYs contractor/consultant shall indemnify and hold
harmless the Recipient and the State of Florida, Department of Transportation, including the DepartmenYs
officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the contractor or consultant and persons employed or utilized by the contractor or consultant in the
pertormance of this Agreement.
This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph
is intended to nor shall it constitute a waiver of the State of Florida or the Recipient's sovereign immunity."
Page 10 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0�0-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
osn �
b. The Recipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers'
Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and
subconsultants have Workers' Compensation Insurance for their employees in accordance with Florida's
Workers' Compensation law. If using "leased employees" or employees obtained through professional
employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation
insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that
include operators or other personnel who are employees of independent contractors, sole proprietorships
or partners are covered by insurance required under Florida's Workers' Compensation law.
If the Recipient elects to self-perform the Project, and such self-performance is approved by the Department
in accordance with the terms of this Agreement, the Recipient may self-insure and proof of self-insurance
shall be provided to the Department. If the Recipient elects to hire a contractor or consultant to pertorm the
Project, then the Recipient shall, or cause its contractor or consultant to carry Commercial General Liability
insurance providing continuous coverage for all work or operations performed under the Agreement. Such
insurance shall be no more restrictive than that provided by the latest occurrence form edition of the
standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State
of Florida. Recipient shall, or cause its contractor to cause the Department to be made an Additional Insured
as to such insurance. Such coverage shall be on an "occurrence" basis and shall include
ProductslCompleted Operations coverage. The coverage afforded to the Department as an Additional
Insured shall be primary as to any other available insurance and shall not be more restrictive than the
coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each
occurrence and not less than a$5,000,000 annual general aggregate, inclusive of amounts provided by an
umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations
performed under the Agreement, and may not be shared with or diminished by claims unrelated to the
Agreement. The policy/ies and coverage described herein may be subject to a deductible and such
deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain
or be subject to a Retention or a Self-Insured Retention unless the Recipient is a state agency or subdivision
of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and
at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided
with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department
shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or
proposed change to any policy or coverage described herein. The DepartmenYs approval or failure to
disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to
procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the
Department may have.
d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass
structure, or any other work or operations within the limits of the railroad right-of-way, including any
encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Recipient
shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain
Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and
where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage
per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be
added along with the Department as an Additional Insured on the policy/ies procured pursuant to the
paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to
final acceptance of the work, both the Department and the railroad shall be provided with an ACORD
Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein
shall be maintained through final acceptance of the work. Both the Department and the railroad shall be
notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change
to any policy or coverage described herein. The Department's approval or failure to disapprove any
policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.
e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall
be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies
procured above.
15. Miscellaneous:
Page 11 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUiVDED GRANT AGREEMEIVT PROGRAM MANAGEMENT
osn �
a. In no event shali any payment to the Recipient constitute or be construed as a waiver by the Department
of any breach of covenant or any default which may then exist on the part of the Recipient and the making
of such payment by the Department, while any such breach or default shall exist, shall in no way impair or
prejudice any right or remedy available to the Department with respect to such breach or defauit.
b. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In
such an instance, the remainder would then continue to conform to the terms and requirements of
applicable law.
c. The Recipient and the Department agree that the Recipient, its employees, contractors, subcontractors,
consultants, and subconsultants are not agents of the Department as a result of this Agreement.
d. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees not to pay,
any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
e. Nothing in the Agreement shall require the Recipient to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions
of the Agreement violate any applicable state law, the Recipient will at once notify the Department in writing
in order that appropriate changes and modifications may be made by the Department and the Recipient to
the end that the Recipient may proceed as soon as possible with the Project.
f. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,
but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this
Agreement with a signature on behalf of a party will be legal and binding on such party.
g. The Department reserves the right to unilaterally terminate this Agreement for failure by the Recipient to
comply with the provisions of Chapter 119, Florida Statutes.
h. The Recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all
subcontracts the obligation to comply with Section 20.055(5), Florida Statutes
i. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In
the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail.
The Recipient agrees to waive forum and venue and that the Department shall determine the forum and
venue in which any dispute under this Agreement is decided.
j. This Agreement does not involve the purchase of Tangible Personal Property, as defined in Chapter 273,
Florida Statutes.
16. Exhibits.
a. Exhibits A, B, D, and E, and Attachment F are attached to and incorporated into this Agreement.
b. � The Project will involve construction, therefore, Exhibit "C", Engineer's Certification of Compliance is
attached and incorporated into this Agreement.
c. ❑ A portion or all of the Project will utilize the DepartmenYs right-of-way and, therefore, Exhibit F, Terms
and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this
Agreement.
d. ❑ The following Exhibit(s), in addition to those listed in 16.a. and 16.b., are attached and incorporated into
this Agreement:
e. Exhibit and Attachment List
Page 12 of 14
STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION 525-070-60
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
osn �
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Financial Assistance
''Exhibit C: Engineer's Certification of Compliance
Exhibit D: State Financial Assistance (Florida Single Audit Act)
Exhibit E: Recipient Resolution
*Exhibit F: Terms and Conditions of Construction in Department Right-of-Way
"Exhibit G: Alternative Pay Method
Attachment F— Contract Payment Requirements
*Additional Exhibit(s):
"Indicates that the Exhibit is only attached and incorporated if applicable box is selected.
The remainder of this page intentionally left blank.
Page 13 of 14
- S7ATE OF FLORIDA DEPARTWIENT OF TRANSPORTATION
��b�d��������� �9��i�� J�1�9�������
525-070-60
PROGRAM MANAGEMCNT
09/77
IN WITNESS WNEREOF, the Parties have executed this Agreement on the day and year written above.
RECIPIENT CITY OF Or�EECHOBEE
.� y f
By: J' �
Mame: owling R. Watford, Jr. �
---�--.-- __
Title: Mayor
STATE OF FLORIDA,
DEPARTME�VT OF �RAiVSPORcTATION
g '� �� �-� �' �'
y -
,./�� �
N m6 e: _ ' + 3 .��1
.�
Title: Dire tor of Transportation DevelonmPn
ATTES : '
r �
' � ' �,�'�� , ,�' �n+�
Lane Gamiotea, CM , City Clerk
REVIE�D FOR LEG,�L SUFFIClENCY
) C:�-'���' L � �• i�..l.,��'` �-_
John R. Cook, City Attorney
Legal Review: .
�
.i
By, --,�j_ �L f , �/t$ � ,. �> >�,
—A- �-----�_
Name: /� . ���" �
Page 14 of 14
STATE OF FLORIDA DEPARTMENT OF TRANSPORTA710N 525A'10-60
STATE-FUNDED GRANT AGREEIVIEMT PROGRAM MANAGEMENT
09/17
Page 1 of 2
EXHIBIT "A"
PROJECT DESCRIPTIOPV AMD RESPONSIBILITIES
FPN: 440372-1-54-01
This exhibit forms an integral part of the State-Funded Grant Agreement between the State of Florida, Department of
Transportation and
CitV of Okeechobee (the Recipient)
PROJECT LOCATION:
❑ The project is on the National Highway System.
❑ The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: 0.258 Miles - SE 3RD AVENUE FROM SR 70 (PARK ST) TO SE 4TH
STREET
PROJECT DESCRIPTION: The purpose of this Exhibit is to describe the scope of work and the responsibilities of the City
of Okeechobee in connection with the resurfacing of SE Third Avenue from SR 70 (Park Street) to SE Fourth Street,
approximately 1,250 feet. The project will also include sidewalk repair to meet ADA compliance, as appropriate. The general
objective is for the City of Okeechobee to provide contract administration, management services, construction engineering
inspection services and quality acceptance reviews of all work associated with the design and construction of the resurfacing
and associated improvements.
Specifically and non inclusive, the following are included in the Scope of Services:
• Milling and Resurfacing the existing travel lanes according to City specifications.
• Signing and pavement markings to meet the latest MUTCD standards, as appropriate.
• The plans shall include an appropriate provision for maintenance of traffic.
• Construct or reconstruct, as appropriate, sideroad and driveway turnouts.
• Construct or reconstruct adequate drainage facilities to accommodate the roadway improvements, as appropriate.
• Provide for the preparation of the Roadway Plans Package.
• Identifying and obtaining any geotechnical investigation, analysis, and design dictated by the project needs. All
geotechnical work necessary shall be performed in accordance with the governing regulations.
• Construction Plans and Documentation provided for FDOT review at 60% and 100% completeness.
• Plan Specifications and bid packages, to be provided by 100% Plan review.
• A Professional Engineer, registered in the State of Florida, in responsible charge of the projecYs design shall professionally
endorse (sign, seal and certify) the record plans, the special provisions and all reference and suppo�t documents.
• Construction of the Project will not commence until FDOT has approved the construction plans and specifications and all
required right-of-way has been properly obtained and certified (if applicable).
• Coordination with utility owners during design and construction will be required to determine and avoid potential impacts,
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION 525-0'10-60
STATE-FUIVDED GRANT AGREEiV1ENT PROGRAMMANAGEMENT
09/17
Page 2 of 2
EXHIBIT "A"
PROJECT DESCRIPTIOfV AND RESPOiVSIBILITIES
Where unavoidable, disposition of the utility conflicts should be coordinated.
• Acquisition of all applicable stormwater and environmental permits in accordance with Chapter 62-25, Regulation of Storm
water Discharge, Florida Administrative Code; Chapter 373 and 403, Florida Statutes; Chapters 40 and 62, Florida
Administrative Code; Rivers and Harbors Act of 1899; Section 404 of the Clean Water Act; and parts 114 and 115, Title 33,
Code of Federal Regulations. In addition, permitting required by local agencies shall be prepared in accordance with their
specific regulations. Acquisition includes all associated permit fees.
• Provide Construction Engineering and �nspection (CEI) and Quality Assurance Engineering.
• Upon completion of construction, Final As-built Construction Plans, signed and sealed by a Professional Engineer,
registered in the State of Florida, will be provided.
• Coordinate construction activities with other projects that are impacted by this project. This includes projects under the
jurisdiction of local governments or other regional and state agencies.
SPECIAL CONSIDERATIONS BY RECIPIENT:
The Agency is required to provide a copy of the design plans for the DepartmenYs review and approval to coordinate
permitting with the Department, and notify the Department prior to commencement of any right-of-way activities.
The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Design plans contract to begin on or before June 1, 2018.
b) Design plans to be completed by June 1, 2019.
c) Actual Construction shall begin no later than December 1, 2019.
d) Construction shall be completed by December 1, 2020.
e) Closeout documents shall be completed by May 1, 2021.
If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
STATE OF FLORIOA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUfVDED GRAfVT AGREEiViEMT PROGRAM MANAGEMENT
osm
EXHIBIT ��8�� Page1o12
SCHEDULE OF FINANCIAL ASSISTANCE
RECIPIENT NAME & BILLING ADDRESS: FINANCIAL PROJECT NUMBER:
55 S.E. Third Avenue 440372-1-54-01
Okeechobee. Florida 34974
I. PHASE OF WORK by Fiscal Year:
Design- Phase 34
Maximum Department Participation -(Insert Proqram Name)
Maximum Department Participation -(Insert Proaram Name)
Maximum Department PaRicipation -(Insert Propram Name)
Local Participation (Any applicable waiver noted in Exhibit "A")
In-Kind Contribution
Cash
Combination In-Kind/Cash
_ _ - -------_ ____ ---- _.
Right of VI/ay- Phase 44
Maximum Department Participation -(InseR Proqram Name)
Maximum Department Participation -(InseR Program Name)
Maximum Department Participation -(Insert Proqram Name)
Local Participation (Any appiicable waiver noted in Exhibit "A")
In-Kind Contribution
Cash
Combination In-Kind/Cash
--__ _ _ ------ --- _ __ _- ---
Construction/CEI - Phase 54
Maximum Department Participation - (�
Maximum Department Participation - (SCRC)
Maximum Department Participation -(Insert Proqram Name)
Local Participation (Any applicable waiver noted in Exhibit "A")
In-Kind Contribution
Cash
Combination In-Kind/Cash
FY FY FY
$ o.00 � o.00 $ o.00
°/u % %
or or or
$ $ $
% % %
or or or
$ $ $
% % %
or or or
$ $ $
% % %
or or or
$ 0.00 $ 0.00 $ 0.00
$ $ $
$ $ $
$ $ $
__ __ - _. _ _... __ ._. .. _.._.....
$ o.00 $ o.00 s o.00
�io °io °io
or or or
$ $ $
% % %
or or or
$ $ $
% % %
or or or
$ $ S
% % %
or or or
$ 0.00 $ 0.00 $ 0.00
$ $ S
$ $ 0.00 $
$ $ $
-----..__ _.,_.__
$ 123,531.00 $ 0.00 $ 0.00
% % %
or or or
$ $ $
% % %
or or or
$ 123,531.00 $ $
% % %
or or or
$ $ $
% % %
or or or
$ 0.00 $ 0.00 $ 0.00
$ $ $
$ $ 5
$ $ $
TOTAL
$o.00
°�o
or
$ 0.00
%
or
$ 0.00
o�a
or
$ 0.00
o�a
Of
$0.00
$ 0.00
$ 0.00
$ 0.00
_ __ --.._._ . __ ...- __
�o.00
�io
or
$ 0.00
%
Of
$ 0.00
%
Of
$ 0.00
%
or
$0.00
$ 0.00
$ 0.00
$ 0.00
_....__ __.____.. ._._._ ___.____..
$123,531.00
%
Of
$ 0.00
%
or
$ 123,531.00
%
or
$ 0.00
%
or
$0.00
$ 0.00
$ 0.00
� 0.00
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010�0
STATE-FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT
osn�
EXHIBIT ��8�� Page2ot2
SCHEDULE OF FINANCIAL ASSISTANCE
Insert Phase and Number (if applicable) $ o.00 $ o.00 $ o.00 $o.00 �
% % % %
Maximum Department Participation -(Insert Proqram Name) or or or or
$ $ $ $ 0.00
% % % %
Maximum Department Participation -(Insert Program Name) or or or or
$ $ $ $ 0.00
% % % %
Maximum Department Participation -(Insert Proaram Name) or or or or
$ $ $ $ 0.00
Local Participation (Any applicable waiver noted in Exhibit "A") % % ��� ���
or or or or
$ 0.00 $ 0.00 $ 0.00 $0.00
In-Kind Contribution $ $ $ $ 0.00
Cash $ $ $ $ 0.00
Combination In-Kind/Cash $ $ $ $ 0.00
--�__.------- — — — _..--- ------ ---
II. TOTAL PROJECT COST: $123,531.00 $o.00 So.00 $�23,531.00
COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES:
I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by
Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached.
.IctiiN �4%'k'AN�NI
District Grant Manager Name
�,�.,�.�. �r��f���
Signature ate
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0'IO-60
STATE-FUPVDED GRAiVT AGREENiEIVT PROGRAM MANAGEMENT
osn �
Page 1 of 1
EXHIBIT "C"
EIVGIiVEER'S CERTIFICATIOM OF COMPLIANCE
Engineer's Certification of Compliance. The Recipient shall complete and submit the following Notice of
Completion and, if applicable, Engineer's Certification of Compliance to the Department upon completion
of the construction phase of the Project.
NOTICE OF COMPLETIOiV
STATE-FUNDED GRANT AGREEMENT
Between
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and THE CITY OF OKEECHOBEE
PROJECT DESCRIPTION:SE 3RD AVENUE FROM SR 70 (PARK ST) TO SE 4TH STREET
FPI D#: 440372-1-54-01
In accordance with the Terms and Conditions of the State-Funded Grant Agreement, the undersigned
provides notification that the work authorized by this Agreement is complete as of , 20_
By:
Name:
Title:
ENGINEER'S CERTIFICATIOM OF COMPLIANCE
In accordance with the Terms and Conditions of the State-Funded Grant Agreement, the undersigned
certifies that all work which originally required certification by a Professional Engineer has been completed
in compliance with the Project construction plans and specifications. If any deviations have been made
from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept
each deviation, will be attached to this Certification. Also, with submittal of this certification the Recipient
shall furnish the Department a set of "as-built" plans certified by the Engineer of Record/CEI.
By: P.E.
SEAL: Name:
Date:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
STATE-FUINDED GRANT AGREEMENT
EXHIBIT D
STATE FINANCIAL ASSISTAMCE (FLORIDA SIi�IGLE AUDIT ACT)
525�010-60
PROGRAM MANAGEMENT
09117
Page 1 of 1
THE STATE RESOURCES AIIVARDED PURSUAfVT TO THIS AGREEMENT CONSIST OF THE FOLLOWIfVG:
Awarding Agency: Florida Depa�tment of Transportation
State Project Title ❑ County Incentive Grant Program (CIGP), (CSFA 55.008)
and CSFA � Small County Outreach Program (SCOP), (CSFA 55.009)
Number: ❑ Small County Road Assistance Program (SCRAP), (CSFA 55.016)
❑ Transportation Regional Incentive Program (TRIP), (CSFA 55.026)
❑ Insert Program Name, Insert CSFA Number
*Award Amount: $123,531.00
*The state award amount may change with supplemental agreements
Specific project information for CSFA Number is provided at: https://apps.fldfs.com/fsaa/searchCataloq.aspx
COMPLIANCE REQUIREMEiVTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEfVIENT:
State Project Compliance Requirements for CSFA Number are provided at:
https://apps.fldfs.com/fsaa/searchCompliance.aspx
The State Projects Compliance Supplement is provided at: ht�s://apps.fldfs.com/fsaa/compliance.aspx
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010�0
STATE-FUNDED GRANT AGREEMENT PROGRAMMANAGEMENT
09/17
Page 1 of 1
EXHIBIT "E"
RECIPIEiVT RESOLUTION
The Recipient Resolution, or other official authorization, authorizing entry into this Agreement is
attached and incorporated into this Agreement.
RESOLUTION N0. 2017-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA,
AUTHORIZING THE EXECUTION OF A SMALL COUNTY OUTREACH AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDING FOR PARTIAL
PROJECT FUNDING IN AN AMOUNT NOT TO EXCEED $123,531.00; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council for the City of Okeechobee, Florida, approved the execution of a Small County
Outreach Program Agreement (SCOP) with the Florida Department of Transpo�tation (FDOT) providing
for funding by FDOT of certain improvements to Southeast Third Avenue from State Road 70 (Park
Street) to Southeast Fourth Street under Financial Project Number (FPN) 440372-1-54-01 on the below
date; and
WHEREAS, the FDOT has programmed up to $123,531.00 to reimburse the City of Okeechobee for the
construction of work under the SCOP Agreement; and
WHEREAS, the FDOT required the City of Okeechobee to provide a Resolution memorializing and confirming
the City's aforementioned a�rmative vote to approve the SCOP Agreement and authorizing its Mayor
or designee to execute the Agreement; and
WHEREAS, it is in the public interest that the parties enter in to the SCOP Agreement.
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee, Florida; presented at a
duly advertised public meeting; a�d passed by majority vote of the City Couneil; and properly executed
by the Mayor or designee, as Chief Presiding Officer for the City:
SECTION 1: On the below date, the City Council for the City of Okeechobee, Florida, approved by majority
vote the Small County Outreach Program Agreement for FDOT FPN 440372-1-54-01 and
authorized its Mayor or designee to execute the Agreement.
SECTION 2: The City Clerk of the City of Okeechobee, shall forward•a certified copy of this Resolution to
FDOT along with the Executed Agreement.
SECTION 3: Conflict. All Resolution or parts of Resolutions in conflict herewith are hereby repealed.
SECTION 4: Severabiliry. If any section, subsection, sentence, clause, phrase or portion of this Resolution,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competentjurisdiction, such portion or provision and such holding shall not affect the validity of
the remaining portions or applications here.
SECTION 5: Effective Date. This Resolution shall take effect immediately upon its adoption.
INTRODUCED AND ADOPTED in Regular Session this 19�^ day of December, 2017.
4 •�- �,y•,r,
ATTEST: Dowling R. V�f tfor , �., �layor ^
����; ��;'`3�� � �.�: y..��a �
i � ,C'�% '� r i� a 4� lCr: n �.` fj ���" j�::�'
Lane Gamiotea, C C, City Clerk � f .;- �� � c :� , � :, , , , �
� � • f � . �' � � �.r . .. %.., i � r: r'�� �t ;� r°.�;:�TIFY Tllf�:! � - �i's t�a btlt��
� . .
(�� �•'�.`' '�+� '..' c 1Cj` Fj rlj :.75:�17�SL�, F�U:'��'�_ r.' r,.� -:7�^[: Y' !!f'i iC3�ai?1,5,
REVIEWED FOR LEGAL SUFF CIENCY: � a�• �ri ,+� ;. p r ry�y �,,�r� st,�^,'t1i11G'iT! l%1� bP��'�� �( t?f �;9�;f4}� ii .tt f,':� irl jJ�
`���"`-Z�.�-� Cf�,a r' rf,a i. ra� f:lcrk nf dh� �`Ity ajOkeecftahc � I'l�rrt?;,�r.
John R. Cook, City Attomey �'"� r� '�� ����' %� t/� J� E b F N jru'"e h� rEuata .�tt my ht�r� t d u,� r d r e f J`rxeed tlie ,
�JYi�iul sea! aj� � c}ey, tht� ' � h-, sy of 1�.-�,�� /�i% �� .4. D. lf1 /' 1
�
�esl �. / � � �; , .p; __,,
k,u_r%`. r/ �L �: '
�:.
.! � , �
RESOLUTION N0. 2017-12 PAGE 1 OF 1 , � dAi6iI�TEt� �~�g
Cit�!'`IeeIG
! . R'r+� : ��Y':
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-60
STATE-FUNDED GRAiVT AGREEMEfVT PROGRAMMANAGEMENT
09117
Page 1 of 1
ATTACHMENT F
CONTRACT PAYMEiVT REQUIREMEfVTS
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for
which reimbursement is being claimed indicating that the item has been paid. Documentation for each
amount for which reimbursement is being claimed must indicate that the item has been paid. Check
numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly
reflect the dates of service. Only expenditures for categories in the approved agreement budget may be
reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services
being provided.
Listed below are types and examples of supporting documentation for cost reimbursement agreements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an individual
for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours
worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on
behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe
benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then
the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies of checks
for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher or electronic
means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If
nonexpendable property is purchased using State funds, the contract should include a provision
for the transfer of the property to the State when services are terminated. Documentation must be
provided to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and that
provide for the contractor to purchase tangible personal property as defined in Section 273.02,
Florida Statutes, for subsequent transfer to the State.
(5) In-house charges:Charges which may be of an internal nature (e.g., postage, copies, etc.) may
be reimbursed on a usage log which shows the units times the rate being charged. The rates must
be reasonable.
(6) Indirect costs:lf the contract specifies that indirect costs will be paid based on a specified rate,
then tFie calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative
documentation to substantiate the reimbursement request that may be in the form of FLAIR reports
or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found
at this web address http://www.myfloridacfo.com/aadir/reference quide/.
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDD/YYYY)
10/22/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s).
PRODUCER
MCGRIFF, SEIBELS & WILLIAMS, INC.
P.O. Box 10265
Birmingham, AL 35202
INSURED
C.W. Roberts Contracting, Inc.
Post Office Box 1994
806 NW 9th Street (zip 34972)
Okeechobee, FL 34973-1994
INSURER B :
INSURER C :
Martha Lee Hawkins
t�, 800-476-2211
mhawkins@mcgriff.com
Insurance
AFFORDING COVERAGE
NAIC #
COVERAGES CERTIFICATE NUMBER:HTKF�M3Q REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMIT5
LTR INSD WVD POLICY NUMHER MMIDD/YYYY MMIDD/YYYY
A X COMMERCIALGENERALLIABILITY 31PKG8930305 10/01/2020 10/01/2021 EACHOCCURRENCE $ 2,000,000
CLAIMS-MADE � OCCUR PREMISES EaE ccurDrence $ 100,000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICY � ECT � LOC PRODUCTS - COMP/OP AGG $ 4,000,000
OTHER: $
A AUTOMOBILE LIABILITY 31PKG8930305 10/01/2020 10/01/2021 COMBINED SINGLE LIMIT Z,000,000
Ea accident $
j( ANY AUTO 60DILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTYDAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION $ $
A WORKERSCOMPENSATION 31WCI8930205 10(01/2020 10/01/2021 )( STATUTE �ER
AND EMPLOYERS' LIABILITY "I,OOO,OOO
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED7 � N � A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
$
$
$
$
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: ITB No. PW 05-10-09-20, FDOT FPN 440372-1, Southeast 3rd Avenue Pavement Improvements
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
ACORD 25 (2016/03)
Al1THORIZED REPRESENTATIVE
`�%����
Page � of � O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
.,
A� � DATE (MMIDD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 12/14/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Martha Lee Hawkins
MCGRIFF, SEIBELS & WILLIAMS, INC. NAME:
P.O. BoX 10265 aCNNo Ext : 800-476-2211 aC No :
Birmingham, AL 35202 E-MAIL mhawkins mc riff.com
ADDRESS: @ 9
INSURED
C.W. Roberts Contracting, Inc.
Post Office Box 1994
806 NW 9th Street (zip 34972)
Okeechobee,FL 34973-1994
COVERAGES
INSURER A :AfCh If1SUf8f10E
INSURER D :
INSURER E :
CERTIFICATE NUMBER:KS6DT2ss
REVISION NUMBER:
11150
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
LTR IN D WVD POLICY NUMBER MMIDDlYYYY MMIDDIYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY 31 PKG8930305 10/01/2020 10/Ol/2021 EACH OCCURRENCE $ 2,000,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED 100,000
PREMISES Ea occurrence $
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 2.000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICY � PR� � LOC PRODUCTS - COMP/OP AGG $ 4,000,000
JECT
OTHER: $
%� AUTOMOBILE LIABILITY 31 PKG8930305 10/01/2020 10/01/2021 COMBINED SINGLE LIMIT
Ea accident $ 2,000,000
X ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY Per accident $
AUTOS ONLY AUTOS ( �
HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident $
$
%� UMBRELLA LIAB X OCCUR 31UFP8970400 10/Ol/2020 10/01/2021 EACH OCCURRENCE g 3,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE g 6,000,000
DED RETENTION $ $
A WORKERS COMPENSATION 31 WCI8930205 10/01l2020 10/01/2021 X PER OTH-
AND EMPLOYERS' LIABILITY �, � N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE 1 ,000,000
OFFICER/MEMBER EXCLUDED? ❑ N� A E.L. EACH ACCI�ENT $
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under 1,000,000
DESCR�PTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $
$
$
$
$
$
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
ITB No. PW 05-10-09-20, FDOT FPN 440372-1, Southeast 3rd Avenue Pavement Improvements
City of Okeechobee and Florida Department of Transportation are Additional Insureds with respect to General Liability, Automobile Liability and Excess Liability as required
by written contract. Excess Liability follows form of underlying General Liability, Automobile Liability and Employers' Liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
ACORD 25 (2016/03)
AUTHORIZED REPRESENTATIVE i����y��' �
a
C�
Page 1 of 1 O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
� � �
� ��
December 10, 2020
City of Okeechobee
Okeechobee, FL
RE: PW 05-10-09-20, Southeast 3rd Avenue Pavement Improvements
To whom it may concern:
The financial strengths of the insurance carriers and limits for C.W. Roberts Contracting, Inc. are
as follows:
➢ Arch Insurance Company:
(Auto Liability) $2,000,000 Combined Single Limit (BI/PD)
(General Liability) $2,000,000 Per Occurrence/ $4,000,000 General Aggregate
(Employers' Liability): $1,000,000 Each Accident/$1,000,000 Disease-Each Employee/
$1,000,000 Disease-Policy Limit
*Higher Limits are attainable.
Please find attached advanced copies of the General Liability and Automobile Liability cieclaration
pages. If you need further information, please do not hesitate to contact rne.
Kind Regards,
/ v ���
David D. Nichols
Senior Vice President
Construction Risk Services
Email: dnichols@mc�riff.com
Phone: 205-492-7609 Fax: 205-583-9551
22117`h Avenue South � Birmingham, Alabama 35233
McGriff Insurance Services, Inc McGriff, Sei6els & Williams, Inc.
Policy Number
31 PKG8930305
COMMON POLICY DECLARATIONS
ARCH INSURANCE COMPANY
Named Insured CONSTRUCTION PARTNERS, INC. Effective Date: 10—01-20
12:01 A.M., Standard Time
Agent Name MCGRIFF SEIBELS AND WILLIAMS Agent No. 00648
Ifiem 1. Named Insured and Mailing Address Agent Name and Address
CONSTRUCTION PARTNERS, INC. MCGRIFF SEIBELS AND WILLIAMS
(SEE BROAD FORM NAMED INSURED ENDT) 2211 7TH AVE SOUTH
290 HEALTHWEST DRIVE BIRMINGHAM AL 35233
SUITE 2
DOTHAN AL 36303
Agent No.00648
Item2. Policy Period From: 10—01-2020 To: 10-01-2021
at 12:01 A.M., Standard Time atyour mailing address shown above.
Item 3. Business Description: ROAD CONSTRUCTION, ASPHALT PRODUCTION, PAVING
Form of Business: CORPORATION
Itiem 4. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to
provide the insurance as stated in this policy.
This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown,
there is no coverage. This premium may be subject to adjustment.
Coverage Part(s) Premium
Commercial Property Coverage Part NOT COVERED
Commercial General Liability Coverage Part $
Commercial Crime Covera e Part NOT COVERED
Commercial Inland Marine Coverage Part NOT COVERED
Commercial Auto Business or Truckers Covera e Part $
Commercial Garage Coverage Part NOT COVERED
Total Policy Premium $
Item 5. Forms and Endorsements
Forms(s) and Endorsement(s) made a part of this policy at time of issue:
See Schedule of Forms and Endorsements
�ountersigned:
Date: 12-09-20
By:
Autho ized Representative
THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGEfHER WITH THE COMMON POLICY CONDITIONS,
COVERAGE PART(S), COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY.
FAIC-SKLBUS-CPD (6/01)
POLICY NUMBER: 31PKG8930305 COMMERCIALAUTO
ARCH INSURANCE COMPANY
ITEM ONE
BUSINESS AUTO DECLARATIONS
PRODUCER:
MCGRIFF SEIBELS AND WILLIAMS
NAMEDINSURED: CONSTRUCTION PARTNERS, INC.
(SEE BROAD FORM NAMED INSURED ENDT)
MAILINGADDRESS: 290 HEALTHWEST DRIVE
SUITE 2
DOTHAN, AL 36303
POLICY PERIOD: From 10—01-2020 to 10—01-2021 at 12:01 A.M. Standard Timeat your
mailing address shown above
PREVIOUS POLICY NUMBER: 31PKG8930304
FORM OF BUSINESS:
X❑ CORPORATION
� PARTNERSHIP
� LIMITED LIABILITY COMPANY � INDIVIDUAL
� OTHER
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY,
WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
Premium shown is payable at inception: $ —
AUDIT PERIOD (IF APPLICABLE) X ANNUALLY SEMI- QUARTERLY MONTHLY
AN N UAL LY
ENDORSEMENTS ATTACHED TO THIS POLICY:
IL 00 17 —Common Policy Conditions (IL 01 46 in Washington)
IL 00 21 —Broad Form Nuclear Exclusion (not Applicable in New York) ( IL 01 98 in Washington)
SEE SCHEDULE OF FORMS AND ENDORSEMENTS
COUNTERSIGNED
( Date)
BY
(Authorized Representative)
AU-DEC C/W 1013 Page 1
ITEM TWO
Schedule Of Coverages And Covered Autos
This policy provides only those coverages where a charge is shown in the premium column below. Each of these
coverages will apply only to those "autos" shown as covered "autos". 'Autos" are shown as covered '�utos" for a
particular cov�erage by the entry of one or more of the symbols from the Covered Autos section of the Business
Auto Coverage Form next to the name of the cov�erage.
COVERED
COVERAGES AUTOS LI MIT PREMI U M
COVEREDAUTOS LIABILITY 1 $2, 000, 000 SEE
PERSONAL INJURY SEPARATELY STATED IN EACH P.I.P.
PROTECTION (or equivalent 5 ENDORSEMENT MINUS
No-fault Covera e DEDUCTIBLE.
ADDED PERSONAL INJURY SEPARATELY STATED IN EACH ADDED P.I.P.
PROTECTION (or equivalent ENDORSEMENT. PREMIUM
Added No fault Coverage)
SEPARATELY STATED IN THE PROPERTY
PROPERTY PROTECTION PROTECTION INSURANCE ENDORSEMENT
INSURANCE (Michigan only) MINUS DEDUCTIBLE
FOR EACH ACCIDENT.
AUTO MEDICAL PAYMENTS 2 $ 5, 000 EACH INSURED COMPUTATION
MEDICAL EXPENSE AND SEPARATELY STATED IN THE MEDICAL
INCOME LOSS BENEFITS EXPENSE AND INCOME LOSS BENEFITS
(Virginia only) ENDORSEMENT.
UNINSURED MOTORISTS ENDORSEMENT
UNDERINSURED
MOTORISTS
(When not included in
Uninsured Nbtorists Coverage)
ACTUAL CASH VALUE OR COST OF REPAIR,
PHYSICAL DAMAGE �ICHEVER IS LESS, MINUS $ 5, 000
COMPREHENSIVE 8� 1 � DEDUCTIBLE FOR EACH COVERED AUTO, BUT FOR PREMIUM
COVERAGE NO DEDUCTIBLE APPLIES TO LOSS
CAUSED BY FIRE OR LIGHTNING.
See ITEM FOUR For Hired or Borrowed Autos.
PHYSICAL DAMAGE ACTUAL CASH VALUE OR COST OF REPAIR,
SPECIFIED WHICHEVER IS LESS, MINUS
CAUSES OF LOSS DEDUCTIBLE FOR EACH COVERED AUTO FOR
COVERAGE LOSS CAUSED BY MISCHIEF OR VANDALISM.
See ITEM FOUR For Hired Or Borrowed Autos.
ACTUAL CASH VALUE OR COST OF REPAIR,
PHYSICAL DAMAGE WHICHEVER IS LESS, MINUS $ 5, 000 DETAILS
COLLISION COVERAGE 8� 1� DEDUCTIBLE, FOR EACH COVERED AUTO.
See ITEM FOUR For Hired Or Borrowed Autos.
PHYSICAL DAMAGE FOR EACH DISABLEMENT
TOWING AND LABOR OF A PRIVATE PASSENGER AUTO.
TAX/SURCHARGE/ FEE
PREMIUM FOR ENDORSEMENTS
*ESTIMATED TOTAL PREMIUM
*This policy may be subject to final audit.
AU-DEC C/W 10 13 Page 2
ITEM THREE
SCHEDULE OF COVERED AUTOS YOU OWN
DESCRIPTION TERRITORY
Year, Model, Trade Name, Body Type Town & State Where The
Covered Serial Number(S) Vehicle Identification Covered Auto Will Be
Auto No. Number (VIN) Principally Garaged Original Cost New
CLASSIFICATION EXCEPT For Towing,
All Physicai Damage
Loss Is Payable To
Size You And The Loss
Business Use G� Payee Named Below
GCW Or According To Their
Radius s=service Vehicle Interests In The Auto
Covered Of r= retail Seating Age At The Time Of The
Auto No. Operation c=commercciai Capacity Group Secondary Rating Classification Code Loss:
COVERAGES - PREMIUMS, LIMITS AND DEDUCTIBLES
(Absence of a deductible or limit entry in any column below means that the limit or deductible entry
in the corres ondin ITEM TWO column a lies instead.
COVERED AUTOS PERSONAL INJURY PROPERTY PROTECTION
LIABILITY PROTECTION ADDED P.I.P. (Michigan Only)
Limit Stated Limit Stated
In Each P.I.P. Premium For In P.P.I.
Endt. Minus Limit Stated In Endt. Minus
Covered Deductible Each Added Deductible
Auto No. Limit Premium Shown Below Premium P.I.P. Endt. Shown Below Premium
Total
Premium
AU-DEC C/W 1013 Page 3
ITEM THREE
SCHEDULE OF COVERED AUTOS YOU OWN (Continued)
COVERAGES — PREMIUMS, LIMITS AND DEDUCTIBLES
(Absence of a deductible or limit entry in any column below means that the limit or deductible entry
in the corres ondin ITEM TWO column a lies instead.
AUTO MEDICAL MEDICAL EXPENSE AND
PAYMENTS INCOME LOSS BENEFITS UNDERINSURED
Vi inia Onl UNINSURED MOTORISTS MOTORISTS
Limit Stated
In The Medical
Expense and
Income Loss
Limit Benefits
Covered Each Endorsement
Auto No. Insured Premium For Each Person Premium Limit Premium Premium
Total
Premium
COVERAGES — PREMIUMS, LIMITS AND DEDUCTIBLES
(Absence of a deductible or limit entry in any column below means that the limit ordeductible entry
in the corres ondin ITEM TWO column a lies instead.
SPECIFIED CAUSES
COMPREHENSIVE OF LOSS COLLISION TOWING & LABOR
Limit Limit Limit
Stated In Stated In Stated In
ITEM 7W0 ITEM TWO ITEM TWO
Minus Minus Minus
Deductible Deductible Deductible
Covered Shown Shown Shown Limit Per
Auto No. Below Premium Below Premium Below Premium Disablement Premium
Total
Premium
AU-DEC C/W 1013 Page 4
ITEM FOUR
SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS
COVERED AUTOS LIABILITY COVERAGE —Cost Of Hire Rating Basis for Autos Used In Your
Motor Carrier Operations (Other Than Mobile Or Farm Equipment)
COVERED AUTOS ESTIMATED ANNUAL
LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM
Primary Coverage
Excess Coverage
TOTAL HIRED AUTO PREMIUM
For "autos" used in your motor carrier operations, cost of hire means:
1. The total dollar amount of costs you incurred for the hire of automobiles (includes "trailers" and
semitrailers), and if not included therein,
2. The total remunerations of all operators and drivers' helpers, of hired automobiles whether hired with a driver by
lessor or an "employee" of the lessee, or any other third party, and
3. The total dollar amount of any other costs (i.e., repair, maintenance, fuel, etc.) directly associated with operating
the hired automobiles whether such costs are absorbed by the "insured", paid to the lessor or owner, or paid to
others.
COVERED AUTOS LIABILITY COVERAGE —Cost Of Hire Rating Basis for Autos NOT Used In Your
Motor Carrier Operations (Other Than Mobile Or Farm Equipment)
COVERED AUTOS ESTIMATED ANNUAL
LIABILITY COVERAGE STATE COST OF HIRE FOR EACH STATE PREMIUM
Primary Coverage
ExcessCoverage ALL IF ANY INCL
TOTAL HIRED AUTO PREMIUM
For "autos" NOT used in your motor carrier operations, cost of hire means the total amount you incur for the hire of
"autos" you don't own (not including "autos" you borrow or rent from your partners or "employees" or their family
members). Cost of hire does not include charges for services performed by motor carriers of property or passengers.
AU-DEC C/W 10 13 Page 5
ITEM FOUR
SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (Cont'd)
Physical Damage Coverages — Cost Of Hire Rating Basis For All Autos
(Other Than Mobile or Farm Equipment)
ESTIMATED
AN N UAL
COST OF HIRE
FOR EACH STATE
(Excluding Autos
H ired wth
COVERAGE STATE LIMIT OF INSURANCE A Driver) PREMIUM
ACTUAL CASH VALUE ORCOST OF IF ANY INCL
COMPREHENSIVE ALL REPAIR, WHICHEVER IS LESS, MINUS
$ 50, 000 DEDUCTIBLE FOR
EACH COVERED AUTO, BUT NO
DEDUCTIBLE APPLIES TO LOSS
CAUSED BY FIRE OR LIGHTNING.
ACTUAL CASH VALUE OR COST OF
SPECIFIED REPAIR, WHICHEVER IS LESS, MINUS
CAUSES DEDUCTIBLE FOR EACH
OF LOSS COVERED AUTO FOR LOSS CAUSED BY
MISCHIEF ORVANDALISM.
ACTUAL CASH VALUE ORCOST OF IF ANY INCL
COLLISION ALL REPAIR, WHICHEVER IS LESS, MINUS
$ 5 0, 0 0 0 DEDUCTIBLE FOR EACH
COVERED AUTO.
TOTAL HIRED AUTO PREMIUM
For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own
(not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does
not include charges for any "auto" that is leased, hired, rented or borrowed with a driver.
AU-DEC C/W 10 13 Page 6
ITEM FOUR
SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (Cont'd)
Cost Of Hire Rating Basis For Mobile Or Farm Equipment — Other Than Physical Damage Coverages
ESTIMATED ANNUAL PREMIUM
COST OF HIRE FOR EACH STATE
COVERAGE STATE Mobile Farm Mobile Farm
Equipment Equipment Equipment Equipment
Covered Autos Liability —
Primary Coverage
Covered Autos Liability —
Excess Coverage
Personal Injury Protection
Medical Expense Benefits
(Vrginia Only)
Income Loss Benefits
(Virginia Only)
Auto Medical Payments
TOTAL HIRED AUTO PREMIUM
Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you
borrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for
services performed by motor carriers of property or passengers.
AU-DEC C/W 1013 Page'7
ITEM FOUR
SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (ConYd)
Cost Of Hire Rating Basis For Mobile or Farm Equipment -- Physical Damage Coverages
ESTIMATED ANNUAL
COST OF HIRE
FOR EACH STATE
(Excluding Autos Hired
With A Driver PREMIUM
Mobile Farm Mobile Farm
COVERAGE STATE LIMIT OF INSURANCE Equipment Equipment Equipment Equipment
ACTUALCASH VALUE
OR COST OF REPAIR,
WHICHEVER IS LESS,
MINUS
DEDUCTIBLE FOR
COMPREHENSIVE EACH COVERED
AUTO, BUT NO
DEDUCTIBLE APPLIES
TO LOSS CAUSED BY
FIRE OR LIGHTNING.
ACTUAL CASH VALUE
OR COST OF REPAIR,
WHICHEVER IS LESS,
SPECIFIED MINUS
CAUSES DEDUCTIBLE FOR
OF LOSS EACH COVERED AUTO
FOR LOSS CAUSED
BY MISCHIEF OR
VAN DAL I S M.
ACTUALCASH VALUE
OR COST OF REPAIR,
WHICHEVER IS LESS,
COLLISION MIN US
DEDUCTIBLE FOR
EACH COVERED
AUTO.
TOTAL HIRED AUTO PREMIUM
For Physical Damage Coverages, cost of hire means the total amount you incur for the hire of "autos" you don't own
(not including "autos" you borrow or rent from your partners or "employees" or their family members). Cost of hire does
not include charges for any auto that is leased, hired, rented or borrowed with a driver.
AU-DEC C/W 10 13 Page g
ITEM FOUR
SCHEDULE OF HIRED OR BORROWED COVERED AUTO COVERAGE AND PREMIUMS (Cont'd)
Rental Period Rating Basis For Mobile Or Farm Equipment
ESTIMATED
NUMBER OF DAYS pREMIUM
EQUIPMENT WILL
TOWN AND STATE BE RENTED
WHERE THE JOB SITE Mobile Farm Mobile Farm
COVERAGE IS LOCATED Equipment Equipment Equipment Equipment
Covered Autos Liability —
Primary Coverage
Covered Autos Liability —
Excess Coverage
Personal Injury
Protection
Medical Expense
Benefits (Vrginia Only)
Income Loss Benefits
(Vrginia Only)
Auto Medical Payments
TOTAL HIRED AUTO PREMIUMS
ITEM FIVE
SCHEDULE FOR NON-OWNERSHIP COVERED AUTOS LIABILITY
NAMED INSURED'S
BUSINESS RATING BASIS NUMBER PREMIUM
Other Than Garage Service Number Of Employees I F ANY INCL
Operations And Other Than
Social Service Agencies Number Of Partners
(Active and Inactive)
Garage Service Operations Number Of Employees Whose
Principal Duty Involves
The Operation Of Autos
Number Of Partners
(Active and Inactive)
Social Service Agencies Number Of Employees
Number Of Volunteers Who
Regularly Use Autos
To Transport Clients
Number Of Partners
(Active and Inactive)
TOTAL NON-OWNERSHIP COVERED AUTOS LIABILITY PREMIUM INCL
AU-DEC C/W 10 13 Page g
ITEM SIX
SCHEDULE FOR GROSS RECEIPTS OR MILEAGE BASIS
Type Of Risk (Check one): � Public Autos � Leasing Or Rental Concerns
Rating Basis (Check one): � Gross Receipts (Per $100) � Mileage (Per Mile)
Estimated Yearly (Check One): � Gross Receipts (Per $100) � Mileage
Premiums
Covered Autos Liabili
Personalln"u Protection
Added Personal In'u Protection
Pro e Protection Insurance Michi an On
Auto Medical Pa ments
Medical Ex ense And Income Loss Benefits Vr inia Onl
Com rehensive
S ecified Causes Of Loss
Collision
Towin And Labor
When used as a premium basis:
FOR PUBLIC AUTOS
Gross receipts means the total amount earned by the named insured for transporting passengers, mail and
merchand ise.
Gross receipts does not include:
1. Amounts paid to air, sea or land carriers operating under their own permits.
2. Advertising revenue.
3. Taxes collected as a separate item and paid directly to the government.
4. C.O.D. collections for cost of mail or merchandise including collection fees.
Mileage means the total live and dead mileage of all revenue producing "autos" during the policy period.
FOR RENTAL OR LEASING CONCERNS
Gross receipts means the total amount earned by the named insured for the leasing or renting of "autos" to
others without drivers.
Mileage means the total live and dead mileage of all "autos" you leased or rented to others without drivers.
AU-DEC C/W 10 13 Page 10
Policy Number
31 PKG8930305
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SUPPLEMENTAL DECLARATIONS
ARCH INSURANCE COMPANY
Named Insured CONSTRUCTION PARTNERS, INC. Effective Date: 10-01-20
12:01 A.M., Standard Time
Agent Name MCGRIFF SEIBELS AND WILLIAMS Agent No. 00648
Ifiem 1. Business Description: ROAD CONSTRUCTION, ASPHALT PRODUCTION, PAVING
Ibem 2. Limits of Insurance
Coverage Limit of Liability
Aggregate Limits of Liability Products/Completed
$ 4, 000 , 000 Operations Aggregate
General Aggregate (other than
$ 4, 000, 000 Products/Completed Operations
Coverage A- Bodily Injury and Property any one occurrence subject to
Damage Liability the Products/Completed
Operations and General
$ 2, 000, 000 Aggregate Limits of Liability
any one premises subject to the
Coverage A occurrence and the
Damage To Premises General Aggregate Limits of
Rented To You $ 100, 000 Liabilit
Coverage B- Personal and any one person or organization
Advertising Injury subject to the General Aggregate
Liability $ 2, 000 , 000 Limits of Liability
Coverage C- Medical Payments any one person subject to the
Coverage A occurrence and the
General Aggregate Limits of
$ 5, 000 Liability
Ibem 3. Retroactive Date
Coverage A of this Insurance does not apply to "bodily injury" or "property damage" which occurs before the
Retroactive Date, if any, shown here:
(Enter Date or "None" if no Retroactive Date applies)
Item 4. Form of Business and Location of Premises
Forms of Business: CORPORATION
Location of All Premises You Own, Rent or Occupy:
See Schedule of Locations
Item 5. Forms and Endorsements
Form(s) and Endorsement(s) made a part of this policy at time of issue:
See Schedule of Forms and Endorsements
Itiem 6. Premiums
Coverage Part Premium: $
Other Premium:
Total Premium: $
THESE DECLARATIONS ARE PART OFTHE POLICY DECLARATIONS CONTAINING THE NAME OFTHE INSURED AND THE POLICY PERIOD.
FAIC-SKLBUS-CGLDEC (6/01)
FDOT
Flo�ida Depa�tment of T�anspoYtation
RON DESANTIS 605 Suwannee Street KEVIN J. THIBAULT, P.�.
GOVERNOR Tallahassee, FL 32399-0450 srCRrTARY
January 30, 2020
C.W. ROBERTS CONTRACTING, INC.
3372 CAPITAL CIRCLE NE
TALLAHASSEE, FLORIDA 32308
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam:
The Department of Transportation has qualified your company for the type of work
indicated below. Unless your company is notified otherwise, this Certificate of
Qualification will expire 3/30/2021. However, the new application is due 1/31/2021.
In accordance with 5.337.14 (1) F.S. your next application must be filed within (4)
months of the ending date of the applicant's audited annual financial statements.
If your company's maximum capacity has been revised, you can access it by logging into
the Contractor Prequalification Application System via the following link:
HTTPS://£dotwpl.dot.state.£l.us/ContractorPreQualification/
Once logged in, select "View" for the most recently approved application, and then
click the "Manage" and "Application Summary" tabs.
FDOT APPROVED WOREC CLASSES:
DRAINAGE, FENCING, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL,
HOT PLANT-MIXED BITUM. COURSES, INTERMEDIATE BRIDGES, MINOR BRIDGES, PORTLAND CEMENT
CONCRETE ROADWAY PAVING, ROADWAY SIGNING, SIDEWALK, Curb & Gutter, Driveways, Milling,
Reinforced Earth Wa11s, Rip Rap Rubble, Underground Utilities (Water & Sewer).
You may apply for a Revised Certificate of Qualification at any time prior to the
expiration date of this certificate according to Section 14-22.0041(3), Florida
Administrative Code (F.A.C.), by accessing your most recently approved application as
shown above and choosing "Update" instead of "View." If certification in additional
classes of work is desired, documentation is needed to show that your company has done
such work with your own forces and equipment or that experience was gained with
another contractor and that you have the necessary equipment for each additional class
of work requested.
A11 prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify
their work underway monthly in order to adjust maximum bidding capacity to available
bidding capacity. You can find the link to this report at the website shown above.
' '' Sincerely,
_J���C:,�� .�---�------�� '.-
� 1�Q'C�'.� i,'' /�,.�`�<�`
' � �
l .^..
Alan Autry, M�iager
Contracts a�ministration Office
AA:cj `
www.fdot.gov
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CITY OF OKEECHOB�E
C.W.ROBERTS CONTRACTING, gUSINESS TAX RECEIPT
(863)763-7373
55 SE 3rd Avenue, Okeechobee, FL 34974
OCTOBER 1, 2020 - SEPTEMBER 30, 2021
Address:
Activity:
806 NW 9TH STREET
OKEECHOBEE, FL 34974
201 CONTRACTOR
o& pKEEc,�
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� OR10P
Issued to: C.W.ROBERTS CONTRACTING, INC
C.W.ROBERTS CONTf�ACTING, INC
PO BOX 1994
OKEECHOBEE, FL 34973
A
No: 2632
Date: 8/17/20
REC E! PT 78.75
PENALTY
APP/TRANS
BLDG INSP
FIRE INSP
Total Paid 78.75
BUSINESS TAX RECEIPT OFFICIAL
CITY OF OKEECHOBEE
C.W.ROBERTS CONTRACTING, gUSINESS TAX RECEIPT
(863)763-7373
55 SE 3rd Avenue, Okeechobee, FL 34974
OCTOBER 1, 2020 - SEPTEMBER 30, 2021
Address:
Activity:
806 NW 9TH STREET
OKEECHOBEE, FL 34974
302 CEMENT BULK PLF�NTS
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Issued to: C.W.ROBERTS CONTRACTING, ING
C.W.ROBERTS CONTRACTING, INC
PO E30X 1994
OKEECHOBEE, FL 34973
A
N�: 2632
Date: 8/17/20
RECEIPT
PENALTY
APP/TRANS
BLDG INSP
FIRE INSP
Total Paid
78.75
78.75
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BUSINESS TAX RECEIPT OFFICIAL
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I M�L3LJFACTURE
THIS LICEI�TSE %� .V�I,ID ONLY IF NO
O`I'F3ER I�16d OR ORDINFiNCE IS
VIOLATED. ESPE�IAL3.Y ZONING
ORIGINAL CUSTOMER CO�Y
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' STATE O�' �'Z,ORID�
C3KSEC�i033EE C�DN'iY
Hi7Si1�SS LICEI�SB
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THIB LICEidS:E ZS F'UR2�iISH�i II3 PURSUANCE OF C]3APTER 20�, E�'LDRII31k STATiTTE�'
A3JD COU[31°Y ORDIIdANCE NO : 7 9- 2
I'I C.•W . ROBEAT' S CONT'RACTiATG Ild�
' RO.BERT P FLQWEh"S
8 0 6 NW 9TH S'T
OF�isC�iOBE� �'L 3.4972
PRiOR
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P�'TY
BUSIN�B� # 03434 �+SOUNT D�E S'�2.00
LICffi►�S� # 0�352
n�T� P�=D �/�Q/2o2o
CBLi��TS �L?�TF01ZD, �AX CaLL�CT�R
O���CHOB�� COUNTY
307 NW STH AV8 STB B
OICBBCHOBSi3, FI, 34972
2020
aoa�
CERTIF'Y�D GF�ERAI.
CONTRACTOR
85
THIS LICENS� IS VALID ONLY IF NO
OTHER LAk�I O& ORDINANCE IS
VIOLATED. ESPECiFsI,LY ZOATI3dG
OAIGINAL CUSTOMER COPit
�Q 4
�
Form ���
(Rev. October 2018)
Department of theTreasisy
Intema! Revenue Service
3 Check appropriate box for federal tax ciassfflcation of the person whose name is entered on Iine 1. Check only one of the
following seven boxes.
on your
name/disregarded entity name, (f dffferent irom above
ri
d
�
a
0
N
C
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0 2
C y
.� c
a�
:E
a�i
a
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a�
a�
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❑ Individuai/sole proprietor or
singte-member LLC
Request for Taxpayer
Identification Number and Certification
► Go to www.frs.gov/FormW9 for instructions and the latest information.
on
0✓ C Corporation ❑ S Corporutton ❑ Partnershtp
Give Form to the
requester. Do not
send to the IRS.
❑ Trust/estate
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code ((f any)
❑ Limited Iiability company. Enter the tax classiticatlon (C=C corporation, S=S corporation, P=Partnership) ►
Note: Check the appropriate box in the line above tor the tax ciasst(ication of the single-member owner. Do not check Exemption from FATCA reporting
LLC iF the LLC is classi(ied as a single-member LI.0 that Is disregardecJ from the owner unless the owner of the LLC Is code ((f any)
another LLC that is not d(sregarded irom the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that
is disregarded hom the owner should check the appropriate box for the tax classi(icatlon of its owner.
❑ Olher(seeinstructions)► (Applle:foeccovnlsmatnlalnedovlsMefheU.S.)
5 Address (number, street, and apt. or suite no.) See instructlons. Requester's name and address (optionaQ
7 Llst account
� Taxpayer ldentification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuais, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the (nstructions for Part I, later. For other
entitfes, it is your employer identitication number (EIN). If you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
NumberTo Give ihe Requesterfor guideiines on whose number to enter.
or
fdentiflcation number
0������00�
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be fssued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withhoiding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subJect to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subJect to backup withholding; and
3. I am a U.S, citizen or other U.S. parson (defined below); and
4. The FATCA code(s) entered on this form (if any) fndicating that I am exempt from FATCA reporting is correct.
Certification instructfons. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellatfon of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sigil signature ot `
Here U.S. person► ��j����— Date► j— � 5— ��
General Instructions
Section references are to the internal Revenue Code unless othervvise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.lrs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
tnformation return with the IRS must obtain your correct taxpayer
identfficatfon number (fIN) whfch may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or empioyer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportabie on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certatn other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisitfon or abandonmant of secured property)
Use Form W-9 only ff you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a T/N, you might
be subject to backup withho/ding. See What Is backup wfthholding,
later.
Cat. No. 10231X Form �%-9 (Rev. 70-2018)
119
-�,,
,.� ,,
- .. CITY OF OKEECHOBEE, FLORIDA
;__r...- - DECEMBER 1, 2020, REGULAR CITY COUNCIL
MEETING MINUTES
CALL TO ORDER
Mayor Watford called the regular meeting of the City Council for the City of Okeechobee
to order on Tuesday, December 1, 2020, at 6:00 P.M. in the City Council Chambers,
located at 55 Southeast 3rd Avenue, Room 200, Okeechobee, Florida. The invocation
was offered by Mayor Watford, followed by the Pledge of Allegiance by Council Member
Keefe.
ATTENDANCE
To establish a quorum, roll was taken by City Clerk Lane Gamiotea. Members present:
Mayor powling R. Watford, Jr., Council Members Wes Abney, Bob Jarriel, and Bobby
Keefe. Council Member Monica Clark was in attendance via Zoom.com.
III. AGENDA AND PUBLIC COMMENTS
A. A revised p�oposed Resolution No. 2020-20, Exhibit 2 was distributed together
with a newly proposed Resolution No. 2020-21, all related to New Business Item
VI.A.
B. Motion by Council Member Jarriel, seconded by Council Member Keefe to
approve the agenda as amended. Motion Carried Unanimously.
C. There were no comment cards submitted for public participation for issues not on
the agenda.
IV. CONSENT AGENDA
Motion by Council Member Abney, seconded by Council Member Jarriel to approve
consent agenda item A, November 5, 2020 Town Hall Meeting and Regular Meeting
minutes. Motion Carried Unanimously.
V. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:04 P.M.
A. Motion by Council Member Jarriel, seconded by Council Member Keefe to read
proposed Ordinance No. 1220 by title only, regarding Abandonment of Right-of-
Way Petition No. 20-002-SC. Motion Carried Unanimously.
Attorney Fumero read proposed Ordinance No. 1220 by title only as follows: "AN
ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND
ABANDONING A PORTION OF SOUTHWEST 4TH STREET (f/k/a FIFTH
AVENUE) AND A PORTION OF SOUTHWEST 5TH STREET (f/k/a FOURTH
STREET) MORE PARTICULARLY DESCRIBED HEREIN, LYING WITHIN THE
CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA (PETITION NO. 20-002-SC); RESERVING
UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE
EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY
CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE
CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY,
FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING F(�R AN EFFECTIVE DATE."
Mr. Steve Dobbs noted his attendance on behalf of the applicant. No other public
comments were noted. Motion by Council Member Keefe, seconded by Council
Member Jarriel to adopt proposed Ordinance No. 1220. Motion Carried
Unanimously.
MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:09 P.M.
VI. NEW BUSINESS
A. Motion by Council Member Keefe, seconded by Council Member Jarriel to adopt
[revised] proposed Resolution No. 2020-20 regarding the 2020 General Election
and Terms of Office for City Council Member Monica Clark.
December 1, 2020, Regular Meeting, Page 1 of 2
120
VI. NEW BUSINESS CONTINUED
ITEM A. CONTINUED: Attorney Fumero read revised proposed Resolution No.
2020-20 by title only as follows: "A RESOLUTION OF THE CITY Of=
OKEECHOBEE, FLORIDA; ACCEPTING THE OFFICIAL RESULTS FOR THE
2020 GENERAL CITY ELECTION; PROVIDING FOR TERMS OF OFFICE TO
BE HELD BY MONICA McCARTHY CIARK, AS AN ELECTED CITY COUNCIL
MEMBER; PRUVIDING FOR THE CITY CLERK TO ISSUE A CERTIFICATE OF
ELECTION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE."
Motion Carried Unanimously.
Motion by Council Member Keefe, seconded by Councii Member Jarriel to adopt
proposed Resolution No. 2020-21 accep:ing the unconditionai resignation of
Council Member Elect Russ Cafe.
Attorney Fumero read proposed Resolution No. 2020-21 by title onfy as follows:
"A RESOLUTION OF THE CITY O� OKEECf-{OBEE, FLORIDA; ACCEPTING
THE UNCONDITIONAL RESIGNATION OF RUSS CALE FROM THE OFFICE
OF CITY COUNCIL; PROVlDING FOR CONFLICT; PROV{DING FOR
SEVERABILITY; AND PROVID4NG FOR AN EFFECTIVE DATE."
Motion Carried Unanimously.
B, Motion by Council Member Jarriel, seconded by Council Member Keefe to
approve an agreement for services with eSCRI6E Software Ltd. �in the amount
of $16,668.00] for webcasting and automated closed captioning. Motion Carried
Unanimously.
C. Motion by Council Member Abney, seconded by Council Membe� Keefe to award
Bid No. PW 05-10-09-20 Southeast 3�d Avenue Pavement Improvements to C.W.
Roberts Contracting, Inc. in the amount of $139,848.50. Motion Carried
Unanimously.
D. Motion by Council Member Abney, seconded by Council Member Jarriel to
approve Centennial Park Pavilion Rules and Reservation Fee Application.
Motion Carried Unanimously.
E. Motion by Council Member Jarriel, seconded by Council Member Keefe to ratify
the Interlocal Agreement for Fire Services between Okeechobee County and the
City of Okeechobee, including all exhibits. Motion Carried Four to One.
VII. CITY ATTORNEY UPDATE
City Attorney Fumero repo�ted he will be working with City Clerk Gamiotea on the
Special Election to replace Mr. Cale; and on updating the City's public records policy to
give specific procedures for retaining electronic records and researching possible
technology applications to assist the City Council in retaining their public records.
VIII. COUNCIL COMMENTS
Council Member Jarriel welcomed citizens to be present at meetings and voice their
opinions and/or concerns. His comments were echoed by Council Member Keefe.
Council Member Clark explained her intent for limiting public attendance to the tree
lighting ceremony.
IX. Mayor Watford adjourned the meeting at 6:54 P.M.
Submitted By: ' .
��i• ,�I K.�,,�,_-�
1��'1L4. ��� lt � ,f '/��-� �
Lane Gamiotea, CMC; City Clerk
Please take notice and be advised that when a person decides to appeal any decision made by the City Council
with respect to any matter considered at this meeting, he/she may need to ensure that a verbatim record of the
proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based.
City Clerk media are for the sole purpose of backup for official records of the Clerk.
December 1, 2020, Regular Meeting, Page 2 of 2