2023-02-07 VII. E. Exhibit 6 Exhibit 6
02/07/2023
CC d� CITY OF OKEECHOBEE, PUBLIC WORKS
Okeechobee Memo
" FLORIDA•Founded 1915
To: Gary Ritter, City Administrator
From: David Allen, Public Works Director
Date: 1/25/2023
Re: CW Roberts Roadway Improvements PO Request
The Public Works Department is requesting a Purchase order for$100,000.00 CW Roberts Contracting
Inc. for asphalt milling and paving.This is a budgeted project in the 2022-23 budget, line item 301-549-
6300 Roadway asphalt and reconstruction, $100,000.00.
The three areas that are proposed for resurfacing are:
• NE 2nd Street from Parrott Avenue (US 441)to NE 2nd Avenue.There are two factors in the
selection of this road for resurfacing.The first is major areas of"pushing"just west of Parrott
Avenue.This area is identical to the section of NE 3rd Street one block to the north that was
completed last year.
• The Oaks Subdivision.—Pavement depth thorough out the subdivision is minimal. We have had
to perform frequent repairs to potholes and damage caused by trash trucks turning around at
the end of the two cul-de-sacks
• SW 7th Avenue—Areas of sliding Just North of SW 15th Street. Project will cover from SW 15th
Street to approximately 400' North of the intersection.
The pricing for this project is per the existing paving contract between Okeechobee County and CW
Roberts Contracting. We utilized this purchasing mechanism for last year's paving projects. The initial
period of the CW Roberts contract was May 1, 2019 to April 30, 2022. Under the provisions of the
contract allowing(2) one year extensions,the contract has been extended until April 30, 2023.
The proposed pricing of$89,959.00 from CW Roberts is based on an estimated quantity of asphalt.
Asphalt estimating is not an exact process.The quantities are based on a uniform application of 1.25"of
asphalt over a smooth road surface. Imperfections in the existing road surface will result in the actual
quantities of asphalt used being different than the estimate. Given the inexact nature of the estimation,
we are proposing an additional 10% being added to the estimate due to the likelihood of additional
asphalt being used.The amount paid will be based on the actual amount of asphalt used,established by
load tickets for each truck of asphalt.
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[C.W Roberts Contracting-Asphalt Resurfacing and New Road Construction]
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS INDEPENDENT CONTRACTOR'S AGREEMENT(hereinafter this"Agreement")is made
effective the 111 day of April,2019,by and between OKEECHOBEE COUNTY, a political subdivision of
the State of Florida (hereinafter the "COUNTY") and C.W. ROBERTS CONTRACTING,
INCORPORATED,a Florida corporation(hereinafter"CONTRACTOR").
WITNESSETH
WHEREAS,the COUNTY is a political subdivision of the State of Florida,having a responsibility
to provide certain services to benefit the citizens of Okeechobee County; and
WHEREAS, the COUNTY has the full power and authority to enter into the transactions
contemplated by this Agreement; and
WHEREAS, CONTRACTOR is in the business of asphalt resurfacing and new road construction
in Okeechobee County and elsewhere in the State of Florida;and
WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and technical
expertise to perform the services contemplated by this Agreement in a timely and professional manner
consistent with the standards of the industry in which CONTRACTOR operates; and
WHEREAS,CONTRACTOR was the successful bidder of a project competitively bid and identified
as"Okeechobee County Asphalt Resurfacing and New Road Construction"- Bid#2019-05 which satisfies
the COUNTY's Procurement Policy;and
WHEREAS, CONTRACTOR agrees to provide such goods and services as more particularly
described in this Agreement, as well as in any bid or quotation documents issued in connection with this
project.
NOW THEREFORE in consideration of the premises,and in consideration of the mutual conditions,
covenants,and obligations hereafter expressed,the parties agree as follows:
1. Recitals.The foregoing recitals are true and correct,constitute a material inducement to the parties
to enter into this Agreement,and are hereby ratified and made a part of this Agreement.
2. Description of Work.
a. The COUNTY hereby retains CONTRACTOR to furnish goods and services as described in
the Scope of Services, which is attached hereto as Exhibit "A" and incorporated herein by
reference. Any conflict between the terms and conditions in the body of this Agreement and
the terms and conditions set forth in Exhibit"A" will be resolved in favor of the body of this
Agreement.
7073.410597.WPD
IC.W.Roberts Contracting-Asphalt Resurfacing and New Road Construction]
b. CONTRACTOR must provide all permits, labor, materials, equipment, and supervision
necessary for the completion of the Scope of Services,unless specifically excluded.
c. CONTRACTOR must also comply with, and abide by, all requirements as contained in any
invitation to bid (ITB), request for proposals (RFP), request for qualifications (RFQ), bid
specifications, engineering plans, shop drawings, material lists, or other similar documents
issued for this project by the COUNTY, together with any addenda, hereinafter the "Bid
Documents." The Bid Documents are hereby incorporated into this Agreement by reference
and are declared to be material part of this Agreement.
3. Term.This Agreement has a Term of three(3) years,beginning May 1, 2019 and ending April 30,
2022 and may be renewed for up to two (2) additional one (1) year Terms, upon agreement of the
parties in writing, unless sooner terminated under the terms of this Agreement.
4. Payment.
a. The COUNTY agrees to compensate CONTRACTOR, for work actually performed under this
Agreement, at the rate or basis described in Exhibit "B," which is attached hereto and
incorporated herein by reference. CONTRACTOR must perform all work required by the
Scope of Services,but in no event will CONTRACTOR be paid more than the amount of One
Million Dollars ($1,000,000.00) per year during the Term and each renewal, if any, of this
Agreement.
b. The COUNTY reserves the right to ratably withhold amounts in the event of the
nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR must,
without additional compensation, correct and revise any errors, omissions, or other
deficiencies in its work product, services, or materials arising from the error or omission or
negligent act of CONTRACTOR.
5. Acceptance of work product, payment, and warranty. Upon receipt of a periodic work product,
or notice that work has progressed to a point of payment in accordance with Exhibit"A"attached or
the Bid Documents, if any, together with an invoice sufficiently itemized to permit audit, the
COUNTY will diligently review those documents. When it finds the work acceptable under this
Agreement the installment payment, found to be due to CONTRACTOR, will be paid to
CONTRACTOR within thirty(30)days after the date ofreceiptofthe invoice,unless another payment
schedule is provided in Exhibit "A." CONTRACTOR warrants that the data utilized by
CONTRACTOR (other than as provided by the COUNTY) is from a source, and collected using
methodologies, which are generally recognized in CONTRACTOR's industry or profession to be a
reliable basis and foundation for CONTRACTOR's work product. CONTRACTOR must notify the
COUNTY in writing if it appears, in CONTRACTOR's professional judgement that the data or
information provided by the COUNTY for use in CONTRACTOR's work product is incomplete,
defective, or unreliable. CONTRACTOR guarantees to amend,revise,or correct to the satisfaction
of the COUNTY any error appearing in the work as a result of CONTRACTOR's failure to comply
with the warranties and representations contained herein.Neither inspection nor payment, including
final payment,by the COUNTY will relieve CONTRACTOR from its obligations to do and complete
7073-4I0597.WPD Page 2 of 12
I.C.W. Roberts Contracting-Asphalt Resurfacing and New Road Construction]
the work product in accordance with this Agreement.
6. Termination.
a. Termination at Will:This Agreement may be terminated by the COUNTY in whole or in part
at any time without cause by the COUNTY giving written notice to CONTRACTOR not less
than 30 days prior to the date of termination; provided, however, that in such event,neither
party will be relieved from its rights or obligations of this Agreement through the date of the
actual termination.Notice must be delivered by certified mail,return receipt requested,or in
person with proof of delivery.
b. Termination for Cause: This Agreement may be terminated by either party for cause by the
COUNTY or CONTRACTOR giving written notice to the other party not less than ten(10)
days prior to the date of termination;provided,however,that in such event,neither party will
be relieved from its rights or obligations of this Agreement through the date of the actual
termination. Notice must be delivered by certified mail,return receipt requested,or in person
with proof of delivery.
7. Project management.
a. COUNTY's Project Manager is: Bryan Moore,Road Director.
b. CONTRACTOR's Project Manager is: Richard G. Forlifer.
8. Notices.All notices to the parties under this Agreement must be in writing and sent certified mail to:
a. To COUNTY: Okeechobee County Board of County Commissioners, Attention: County
Administrator, 304 NW 2nd Street, Okeechobee, Florida 34972;
b. To CONTRACTOR:C.W.Roberts Contracting,Incorporated,Attention:Robert P.Flowers,
President,3372 Capital Circle NE, Tallahassee, Florida 32308.
9. Insurance.
a. CONTRACTOR must maintain such insurance as will fully protect both CONTRACTOR and
the COUNTY from any and all claims under any Workers Compensation Act or Employers
Liability Laws,and from any and all other claims of whatsoever kind or nature to the damage
or property, or for personal injury, including death, made by anyone whomsoever, that may
arise from operations carried on under this Agreement, either by CONTRACTOR, any
subcontractor, or by anyone directly or indirectly engaged or employed by either of them.
b. The insurance coverage required by this Agreement must not be less than the amounts
described in the Bid Documents. If the Bid Documents do not state an insurance requirement
or the amount of insurance,then the amount of insurance required by this Agreement must not
be less than:
i. Workers' Compensation (unless exempt) with Employers' Liability with a limit of
7073-410597.WPD Page 3 of 12
(C.W.Roberts Contracting-Asphalt Resurfacing and New Road Construction]
$500,000.00 each accident,$500,000.00 each employee,$500,000.00 policy limit fbr
disease;
ii. Commercial General Liability (CGL) insurance with a limit of not less than
$500,000.00 each occurrence. If such CGL insurance contains a general aggregate
limit,it shall apply separately to this work in the amount of$1,000,000.00.Products
and completed operations aggregate shall be$1,000,000.00. CGL insurance shall be
written on an occurrence form and 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.
iii. Commercial 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) and such policy shall be endorsed to provide contractual liability
coverage; and
iv. Fire damage liability shall be included at$500,000.00.
c. CONTRACTOR must furnish the COUNTY with Certificates of Insurance, which are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The COUNTY
is to be specifically included as an additional insured and loss payee on all policies except
Workers' Compensation.In the event the insurance coverage expires prior to the completion
of the project,a renewal certificate must be issued 30 days prior to the expiration date. The
policy must provide a 30 day notification clause in the event of cancellation or modification
to the policy.All certificates of insurance must be on file with and approved by the COUNTY
before commencement of any work activities.
d. The insurance coverages procured by CONTRACTOR as required herein will be considered
as primary insurance over and above any other insurance, or self—insurance, available to
CONTRACTOR,and any other insurance,or self-insurance available to CONTRACTOR will
be considered secondary to, or in excess of, the insurance coverage(s) procured by
CONTRACTOR as required herein.
10. General Provisions. CONTRACTOR must comply with the following general provisions:
a. Bond. If a surety bond has been required by the Bid Documents for CONTRACTOR's
faithful performance and payment,and if at any time the surety is no longer acceptable to the
COUNTY, CONTRACTOR must, at its expense, within five (5) days after the receipt of
notice from the COUNTY to do so,furnish an additional bond or bonds in such form and with
such Surety or Sureties as are satisfactory to the COUNTY. The COUNTY will not make any
further payment to CONTRACTOR,nor will any further payment be deemed to be due to
CONTRACTOR,until such new or additional security for the faithful performance ofthe work
is furnished in a manner and form satisfactory to the COUNTY.
b. Compliance with Laws.In providing the Scope of Services,CONTRACTOR must comply
7073-410597.WPD Page 4 of 12
[C.W.Roberts Contracting-Asphalt Resurfacing and New Road Construction]
with all federal,state,and local laws,statutes,ordinances,rules,and regulations pertaining to
or regulating the provision of such services, including those now in effect and hereafter
adopted.
c. Personal nature of Agreement; Assignment.
i. The parties acknowledge that the COUNTY places great reliance and emphasis upon
the knowledge, expertise, training, and personal abilities of CONTRACTOR.
Accordingly, this Agreement is personal and CONTRACTOR is prohibited from
assigning or delegating any rights or duties hereunder without the specific written
consent of the COUNTY.
ii. If CONTRACTOR requires the services of any subcontractor or professional associate
in connection with the work to be performed under this Agreement, CONTRACTOR
must obtain the written approval of the COUNTY Project Manager prior to engaging
such subcontractor or professional associate. CONTRACTOR will remain fully
responsible for the services of any subcontractors or professional associates.
d. Discrimination.
i. CONTRACTOR shall not discriminate against any employee employed in the
performance of this Agreement,or against any applicant for employment because of
age,ethnicity,race,religious belief,disability,national origin,or sex.CONTRACTOR
shall not exclude any person, on the grounds of age,ethnicity,race, religious belief,
disability, national origin, or sex, from participation in, denied the benefits of, or be
otherwise subjected to discrimination in any activity under,this Agreement.
CONTRACTOR shall provide a harassment-free workplace, with any allegation of
harassment given priority attention and action by management.
e. Independent contractor.
i. CONTRACTOR is, and will be deemed to be, an independent contractor and not a
servant, employee, joint adventurer, or partner of the COUNTY. None of
CONTRACTOR's agents, employees, or servants are, or will be deemed to be, the
agent,employee, or servant of the COUNTY. None of the benefits, if any, provided
by the COUNTY to its employees, including but not limited to, compensation
insurance and unemployment insurance, are available from the COUNTY to the
employees,agents,or servants of CONTRACTOR.CONTRACTOR will be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants,and
subcontractors during the performance of this Agreement. Although CONTRACTOR
is an independent contractor,the work contemplated herein must meet the approval of
the COUNTY and is subject to the COUNTY's general right of inspection to secure the
satisfactory completion thereof.CONTRACTOR must comply with all Federal,State
and municipal laws,rules and regulations that are now or may in the future become
applicable to CONTRACTOR, or to CONTRACTOR's business, equipment, or
personnel engaged in operations covered by this Agreement or accruing out of the
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[C.W.Roberts Contracting-Asphalt Resurfacing and New Road Construction]
performance of such operations. The COUNTY will not be held responsible for the
collection of or the payment of taxes or contributions of any nature on behalf of
CONTRACTOR.
ii. CONTRACTOR will bear all losses resulting to it on account of the amount or
character of the work,or because of bad weather,or because of errors or omissions in
its contract price.
iii. CONTRACTOR must utilize,and must expressly require all subcontractors to utilize,
the U.S.Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by CONTRACTOR and any subcontractors
during the Term of this Agreement.
f. Indemnification.
CONTRACTOR must indemnify and hold the COUNTY harmless against and from
any and all claims,losses,penalties,interest,demands,judgments,costs,damages,or
expenses, including attorney's fees and court costs,incurred by the COUNTY, or its
agents,officers, or employees, arising directly or indirectly from CONTRACTOR's
performance under this Agreement or by any person on CONTRACTOR's behalf,
including but not limited to those claims, losses, penalties, interest, demands,
judgments,costs,damages,or expenses arising out of any accident,casualty,or other
occurrence causing injury to any person or property.This includes persons employed
or utilized by CONTRACTOR(including CONTRACTOR's agents,employees,and
subcontractors). CONTRACTOR must further indemnify the COUNTY against any
claim that any product purchased or licensed by the COUNTY from CONTRACTOR
under this Agreement infringes a United States patent, trademark, or copyright.
CONTRACTOR acknowledges that CONTRACTOR has received consideration for
this indemnification, and any other indemnification of the COUNTY by
CONTRACTOR provided for within the Bid Documents, the sufficiency of such
consideration being acknowledged by CONTRACTOR, by CONTRACTOR's
execution of this Agreement. CONTRACTOR's obligation will not be limited by,or
in any way to,any insurance coverage or by any provision in or exclusion or omission
from any policy of insurance, whether such insurance is in connection with this
Agreement or otherwise. Such indemnification is in addition to any and all other legal
remedies available to the COUNTY and not considered to be the COUNTY's
exclusive remedy.
ii. In the event that any claim in writing is asserted by a third party which may entitle the
COUNTY to indemnification, the COUNTY must give notice thereof to
CONTRACTOR, which notice must be accompanied by a copy of statement of the
claim. Following the notice,CONTRACTOR has the right,but not the obligation,to
participate at its sole expense,in the defense,compromise or settlement of such claim
with counsel of its choice. If CONTRACTOR does not timely defend, contest, or
otherwise protect against any suit,action or other proceeding arising from such claim,
or in the event the COUNTY decides to participate in the proceeding or defense, the
COUNTY will have the right to defend, contest, or otherwise protect itself against
same and be reimbursed for expenses and reasonable attorney's fees and,upon not less
7073-410597.WPD Page 6 of 12
(C.W Roberts Contracting-Asphalt Resurfacing and New Road Construction]
than ten (10)days notice to CONTRACTOR,to make any reasonable compromise or
settlement thereof.In connection with any claim as aforesaid,the parties hereto must
cooperate fully with each other and make available all pertinent information necessary
or advisable for the defense, compromise or settlement of such claim.
iii. The indemnification provisions of this paragraph will survive the termination of this
Agreement.
g. Sovereign Immunity.Nothing in this Agreement extends,or will be construed to extend,the
COUNTY's liability beyond that provided in section 768.28,Florida Statutes.Nothing in this
Agreement is a consent,or will be construed as consent,by the COUNTY to be sued by third
parties in any matter arising out of this Agreement.
h. Public records.
CONTRACTOR is a "Contractor" as defined by Section 119.0701(1)(a), Florida
Statutes,and must comply with the public records provisions of Chapter 119,Florida
Statutes, including the following:
1. Keep and maintain public records required by the COUNTY to perform the
service.
2. Upon request from the COUNTY's custodian of public records, provide the
COUNTY with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Chapter 119 or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law for the duration of this Agreement term and following completion of the
Agreement if CONTRACTOR does not transfer the records to the COUNTY.
4. Upon completion of this Agreement,transfer, at no cost, to the COUNTY all
public records in possession of CONTRACTOR or keep and maintain public
records required by the COUNTY to perform the service. If CONTRACTOR
transfers all public records to the COUNTY upon completion of this
Agreement,CONTRACTOR must destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon
completion of this Agreement, CONTRACTOR must meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the COUNTY, upon request from the COUNTY's
custodian of public records,in a format that is compatible with the information
technology systems of the COUNTY.
ii. "Public records"is defined in Section 119.011(12),Florida Statutes,as may,from time
to time,be amended.
iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119 and
related law,CONTRACTOR will have the burden of establishing such exemption,by
way of injunctive or other relief as provided by law.
iv. CONTRACTOR consents to the COUNTY's enforcement of CONTRACTOR's
7073-410597.WPD Page 7 of 12
(C.W.Roberts Contracting-Asphalt Resurfacing and New Road Construction]
Chapter 119 requirements, by all legal means, including, but not limited to, a
mandatory injunction, whereupon CONTRACTOR must pay all court costs and
reasonable attorney's fees incurred by COUNTY.
v. CONTRACTOR's failure to provide public records within a reasonable time may be
subject to penalties under Section 119.10, Florida Statutes. Further, such failure by
CONTRACTOR will be grounds for immediate unilateral cancellation of this
Agreement by the COUNTY.
vi. 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, ROBBIE L. CHARTIER, COUNTY
ADMINISTRATOR, AT 863-763-6441, EXT 1 ;
publicrecords@co.okeechobee.fl.us;MAILING ADDRESS:304 NW
2nd Street, ROOM 123, OKEECHOBEE,FL 34972.
Federal or State Funding. If any portion of the funding for this Agreement is derived from
the State of Florida,or any department of the State of Florida,or from federal funding through
the State of Florida,the provisions of this sub-paragraph shall apply,provisions elsewhere in
this Agreement to the contrary notwithstanding.CONTRACTOR shall make inquiry from the
COUNTY's Project Manager to determine whether Federal or State funding is applicable to
this Agreement.
i. E-Verify.CONTRACTOR must utilize,and must expressly require all subcontractors
to utilize, the U.S.Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by CONTRACTOR during the
Term of this Agreement.
ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and its
subcontractors are not agents or employees of the Federal Government,of the State of
Florida, or of any department of the Federal Government or the State of Florida.
iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall
indemnify and hold harmless the COUNTY, the Federal Government, the State of
Florida, any department of the Federal Government or the State of Florida,and all
officers and employees,from liabilities, damages, losses and costs, including,but not
limited to, reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of CONTRACTOR and persons
employed or utilized by CONTRACTOR in the performance of this 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 COUNTY's sovereign immunity.
iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers'
Compensation Insurance in accordance with Florida's Workers'Compensation law for
all employees. If subletting any of the work, CONTRACTOR must ensure that the
subcontractor(s) have Workers' Compensation Insurance for their employees in
7073-410597.WPD Page 8 of 12
(C.W.Roberts Contracting-Asphalt Resurfacing and New Road Construction]
accordance with Florida's Workers'Compensation law.If using"leased employees"or
employees obtained through professional employer organizations ("PEO's"),
CONTRACTOR must ensure that such employees are covered by Workers'
Compensation insurance through the PEO's or other leasing entities. CONTRACTOR
must 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.
v. Liability Insurance, Contractor shall 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. CONTRACTOR shall
cause the State of Florida to be made an Additional Insured as to such insurance.Such
coverage shall be on an "occurrence" basis and shall include Products/Completed
Operations coverage.The coverage afforded to the State of Florida 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 Contract, and may not be shared with or diminished
by claims unrelated to this Agreement.The policy/ies and coverage described herein
may be subject to a deductible. CONTRACTOR shall pay all deductibles as required
by the policy.No policy/ies or coverage described herein may contain or be subject to
a Retention or a Self-Insured Retention. At all renewal periods which occur prior to
final acceptance of the work,the COUNTY and the State of Florida shall be provided
with an ACORD Certificate of Liability Insurance reflecting the coverage described
herein. The COUNTY and the State of Florida shall be notified in writing within ten
days of any cancellation,notice of cancellation,lapse,renewal,or proposed change to
any po I icy or coverage described herein. The COUNTY's or the State of Florida'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 or defenses the COUNTY or the
State of Florida may have.
vi. Inspections.CONTRACTOR shall permit,and require its subcontractors to permit,the
COUNTY's and the State of Florida's authorized representatives to inspect all work,
materials, payrolls, and records, to audit the books,records,and accounts pertaining
to the financing and development of the Services described in the Contract Documents.
vii. Auditor General Cooperation.CONTRACTOR shall comply with§20.055(5),Florida
Statutes, and shall incorporate in all subcontracts the obligation to comply with
§20.055 (5),Florida Statutes.
j. Federal-Aid Construction Contract. If this is a federal-aid construction project,it shall be
subject to the provisions in Exhibit"C",which is attached hereto and incorporated herein by
7073-410597.WPD Page 9 of 12
['C.W Roberts Contracting-Asphalt Resurfacing and New Road Construction]
reference.
11. Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement:
a. Binding Nature of Agreement.This Agreement is binding upon the successors and assigns
of the parties hereto.
b. Entire Agreement. This Agreement states the entire understanding between the parties and
supersedes any written or oral representations,statements,negotiations,or agreements to the
contrary. CONTRACTOR recognizes that any representations, statements, or negotiations
made by the County staff do not suffice to legally bind the COUNTY in a contractual
relationship unless they have been reduced to writing,authorized,and signed by the authorized
COUNTY representatives.
c. Amendment. No modification,amendment, or alteration in the terms or conditions of this
Agreement will be effective unless contained in a written document executed with the same
formality as this Agreement.
d. Severability. If any term or provision of this Agreement is held, to any extent, invalid or
unenforceable,as against any person,entity,or circumstance during the Term hereof,by force
of any statute,law,or ruling of any forum of competent jurisdiction, such invalidity will not
affect any other term or provision of this Agreement,to the extent that the Agreement will
remain operable,enforceable, and in full force and effect to the extent permitted by law.
e. Construction. If any provision of this Agreement becomes subject to judicial interpretation,
the court interpreting or considering such provision should not apply the presumption or rule
of construction that the terms of this Agreement be more strictly construed against the party
which itself or through its counsel or other agent prepared it. All parties hereto have
participated in the preparation of the final form of this Agreement through review by their
respective counsel,if any, or the negotiation of specific language,or both,and,therefore,the
application of such presumption or rule of construction would be inappropriate and contrary
to the intent of the parties.
f. Headings.All headings in this Agreement are for convenience only and are not to be used in
any judicial construction or interpretation of this Agreement or any paragraph.
g. Waiver. The indulgence of either party with regard to any breach or failure to perform any
provision of this Agreement does not constitute a waiver of the provision or any portion of this
Agreement,either at the time the breach or failure occurs or at any time throughout the term
of this Agreement. The review of,approval of,or payment for any of CONTRACTOR's work
product,services,or materials does not operate as a waiver,and should not be construed as a
waiver,of any of the COUNTY's rights under this Agreement, or of any cause of action the
COUNTY may have arising out of the performance of this Agreement.
h. Force Majeure.Notwithstanding any provisions of this Agreement to the contrary,the parties
will not be held liable if failure or delay in the performance of this Agreement arises from
7073-410597.WPD Page 10 of 12
[C.tr.. Roberts Contracting-Asphalt Resurfacing and New Road Construction]
fires,floods,strikes,embargos,acts of the public enemy;unusually severe weather,out break
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. This provision does not apply if the "Scope of Services" of
this Agreement specifies that performance by CONTRACTOR is specifically required during
the occurrence of any of the events herein mentioned.
i. Attorney's Fees.In.any litigation arising'out of this Agreement,the prevailing party is entitled
to recover, from the other party,its reasonable attonney's fees and costs,at both the trial and
appellate levels.
j. Law;Venue. This Agreement is being executed in Okeechobee County, Florida and is
governed in accordance with the laws of the State of Florida. Venue of any action hereunder
will be in Okeechobee County,Florida.
12. Special Provisions.
a. This Agreement is a non-exclusive contract;the COUNTY is not prohibited,or deemed to be
prohibited, from bidding similar services either as an independent job or a component ofa
larger project.
IN WITNESS WHEREOF,the parties hereto have signed and sealed this Agreement effective the
date first written above.
OKEECHOBEE COUNTY, a political
subdivision of the State of Florida
By: _.J .
IRMAN
BOARD OF COUNTY COMMISSIONERS
ATTEST:
•• Qa7Z' / -�( / . e� (Seal) _ _-
SHARON ROBERTSON,C
THE CIRCUIT COURT&COMP OLLER
Date signed by COUNTY: 06/0q/ fi9 ` •
7073-410597.WPD Page 11 of 12
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IC.W.Roberts Caniracling-Asphalt Resurfacing and New Road Construction]
C.W.ROBERTS CONTRACTING,
INCORPORATED
by i
ROB RT P. FLO RS, as its Presideijt.eta�(l,;-' ,
authorized agent ��- ►r .'=.
;' "-.1 r.=:.: .
(CORPORATE SEAL) . f".r!,.
ATTEST: '' r=°• ~;
6Racr 4 _�� J l---
Robert Delisle,Secretary
STATE OF FLORIDA
COUNTY OF Lt on
The foregoing instrument was sworn to and subscribed before me this 13"• day of May,2019,
kt ROBERT P.FLOWERS,as President and authorized agent of C.W.Roberts Contracting,Incorporated,
who is personally known to me or ❑ who has produced t‘1 I W as
identification.
fry4 '
•
Signathre of Notary Pu lie-State of Florida
M'the lit DWI l'S
Printed/Typed/Stamped Name of Notary
My commission expires: 9- 1- 2-1
r�_,�!};;r;,, MICHELLEVERINADAVIS
...10 ,, MY GommisSION it GG 100581
_ '1 EXPIRES:September 2,2021
�,k, 0ondodl7w Navy PubkUndem7 s
7073.410597.wPD Page 12 of 12
A. The value of such extra work or change shall be determined as follows:
(1) By estimate and acceptance in lump sum.
(2) By unit price named in the contract or subsequently agreed upon.
GC-23.INSURANCE:
General Liability—Contractor shall maintain commercial general liability(CGL)insurance with a limit of not
less than$1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit,it shall apply
separately to this project in the amount of$3,000,000. Products and completed operations aggregate shall be
$3,000,000. 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.
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 Employer's Liability with a limit of$1,000,000
each accident, $1,000,000 each employee, $1,000,000 policy limit for disease.
Commercial Automobile Liability Insurance—Contractor shall maintain automobile liability insurance with a
limit of not less than$1,000,000 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.
Evidence of Insurance - The Contractor shall furnish the County with Certificates of Insurance. The
Certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. The County
is to be specifically included as an additional insured on all policies except Workers' Compensation. In the
event the insurance coverage expires prior to the completion of the project(contract), a renewal certificate
shall be issued 30 days prior to said expiration date. The policy shall provide a 30-day notification clause in
the event of cancellation or modification to the policy. All certificates of insurance must be on file with and
approved by the County before the commencement of any work activities.
Cancellation Provisions-(1)Each policy of insurance covering the contractor's or subcontractor's operations
under this bid or a contract entered into pursuant to this bid shall provide either in the body of the policy or by
appropriate endorsement(rider)of the policy,that such policy cannot be altered or canceled in less than thirty
(30) days after the mailing of written notice to the assured(insured)of such alteration or cancellation,or not
less than ten (10) days after actual receipt by the County of written notice of such pending alteration or
cancellation.
Proof of Coverage-The contractor shall not commence work under this contract until he has furnished the
owner,through the Deputy Administrator,with satisfactory proof of carriage of the insurance required.
GC-24. WORK SITE: The site where the services described in the scope of services are to be performed
shall be kept reasonably free of trash and debris during the contract period and the disposal of refuse shall be
at the sole expense of the contractor.The contractor shall not utilize adjacent private property for storage or
access without the express written consent of the property owner.
[1056-00021667.1ADMIN]
EXHIBIT °A"
GC-25.SUPERVISION;.The contractor,if selected,agrees to do all the work and furnish all equipment called
for by the bid documents,in the manner prescribed herein,in accordance with the contract documents and to
the standards of quality and performance established by the Deputy Administrator. The Contractor is required
to have at least one supervisor on the work site at all times,that understands and speaks English.
END OF GENERAL CONDITIONS
SECTION 3.0 SPECIFIC CONDITIONS(SC)
SC-3.01. Payment shall be made within the limits of Florida Statutes after submission of an itemized accurate
invoice for the work performed in accordance with the bid documents. In no event shall the contractor be
entitled to payment more frequently than monthly.
SC-3.02. Necessary permits have been acquired by the County and will be furnished to the successful bidder
as needed.
SC-3.03. Contractor shall supply all equipment, labor, materials and specialized machinery for the
performance of the work as shown in the specifications. Contractor shall staff the project with personnel,
supervisors, and quality control technicians who are experienced and properly trained I the methods and
equipment required to accomplish the work.
SC-3.04. Contract is for a three-year period. It may be extended on a yearly basis, for an additional two,
one-year renewals, upon the mutual agreement of both parties.
SC3:05. Contractor must maintain the required liability insurance and Worker's Compensation throughout
the duration of the contract.
SC-3.06. Contractor shall hold and maintain all proper licensing throughout the duration of the contract.
SC-3.07. Contractor shall submit and receive the County's approval on a list of all sub-contractors to be used,
if any,prior to the commencement of an assignment(see GC-20).
SC-3.08. Contractor shall be responsible for all work performed and actions resulting from this work.If any
private,public or County facilities, structures,and/or individuals are damaged or injured resulting from the
Contractor's work,the Contractor will be fully responsible for any and all damages.
SC-3.09. Preparation of paved roads shall be by the Contractor immediately prior to the application of liquid
asphalt and asphalt installation.
SC-3.10. Time available between road preparation and asphalt application is, by necessity, minimal and
dependent on weather and site conditions,and that asphalt installation is expected when scheduled.
SC-3.11. No mobilization fees will be allowed.
SC-3.12. County makes no commitment, either written or implied, as to quantity of work which may be
authorized, if any,during the period this bid is in effect.
[1056-00021667.!ADMIN]
SC-3.13. The apparent low bidder shall submit a list of equipment to be used throughout the Contract prior
to execution of the Contract. This list shall have the year, make, and model and company number of all
equipment to be used. All equipment must have a company number visibly located on the outside of the
machine.
SC-3.14. The design mix formula and mix stability for the SP-9.5(Superpave)Asphaltic Concrete Surface
Course(ACSC)delivered under this contract shall be the most recent mix design for the Contractor's plant
and shall consist of aggregate from an FDOT approved source.
SC-3.15. Upon award of Contract,the Contractor shall submit to the County a copy of the design mix to be
used throughout the term of the Contract for County approval.Changes in design mix shall be approved in
this same manner prior to delivery to the work site.The County reserves the right to test all material delivered
to the work site. This testing will be at the expense of the County. The County will not pay for asphalt not
meeting the required design mix or FDOT specifications for prime coat, tack coat or SP - 9.5 (Superpave)
ACSC.
SC-3.16. The plant and methods of operation for preparing the hot bituminous mixtures described in these
specifications shall be governed by provisions of Section 320&334 of the FDOT Standard Specifications for
Road and Bridge Construction,Latest Edition.
SC-3.17. Paving crews shall consist of an adequate number of employees required to properly install
materials in such a manner to satisfy FDOT specifications for pavement and MOT.All vehicles and personnel
shall be clearly identified with the company name and/or logo,and present a good appearance,and maintain
a professional code of conduct. All personnel shall wear a safety vest with reflective striping when working
within the County road Right-of-Way.
SC-3.18. Prime coat shall be applied over shell roads prior to paving and tack coat shall be applied to existing
asphalt prior to paving. The rate of application of prime coat shall not be less than 0.15 gallons per square
yard,and the rate of application of tack coat shall be between.04 and.08 gallon per square yard.Prime coat
and tack coat shall be in conformance with Section 300 of the FDOT Standard Specifications for Road and
Bridge Construction Latest Edition except that payment for prime and tack coat will be included in the per ton
price for SP-9.5(Superpave)Asphalt.
SC-3.19. All work is to be generally performed between the hours of 7:00 a.m. and 4:00 p.m.; contractor
may be required to work past 4:00 p.m. by the County to complete the current project. No work is to be
performed on weekends or holidays without permission from the Deputy Administrator or designee.
SC-3.20. The Contractor shall have a competent superintendent or operator,with authority to represent him,
present at all times during the progress of the work. Those personnel assigned in such capacity shall remain
with the project during any construction until its completion.
SC-3.21. It is the responsibility of the Contractor to notify all utilities companies involved to stake their
underground utilities when applicable and to take all precautions necessary to prevent disturbance of same.
Okeechobee Utility Authority is the largest Water/Wastewater supplier in Okeechobee County and they can
be reached at(863)763-9460.
SC-3.22. Measurement of the SP-9.5(Superpave)ACSC will be the scale method on a tonnage basis as
specified in the FDOT Standard Specifications for Road and Bridge Construction, Latest Edition. This pay
[1056-00021667.1ADDINj
tonnage basis of the mix shall include all materials in the mix, including bituminous materials and other
additives. Such payment shall be full compensation for all,but not limited to:maintenance of traffic,paved
road preparation,prime and tack coat,equipment,MOT,vehicles,tools,labor,fuel,oil,greases,insurances,
taxes,fees,plant transportation,suspensions,delays and incidentals necessary to complete work set forth in
this contract.
SC-3.23. The Contractor is required to provide maintenance of traffic throughout the entire work site,and
be in full compliance with all FDOT and Federal Highway Administration (Manual on Uniform Traffic
Control Devices-latest edition)regulations with regard to work zone.Contractor shall provide an approved
Maintenance of Traffic(MOT)Plan applicable to the FDOT Design Standard Index from current 600 series
and The Manual on Uniform Traffic Control Devices (MUTCD). This MOT Plan index shall include the
name of the roadways they represent, and designed for appropriate work activity.The Contractor shall be
required to have a qualified person onsite responsible for the setup and maintenance of approved traffic
control plan. The qualified person is required to possess a certification card displaying Intermediate or
Advance Level Maintenance Traffic. An Intermediate Level Certification will be required for the FDOT
Design Standards 600 series. An Advanced Level Certification Card will be required for all non-typical
condition MOT plans and road closures. A copy of the MOT plans and updated certifications shall be
kept on site at all times.
SC-3.24. Upon execution of the Contract by both parties, the Contractor or his authorized representative
shall attend a pre-construction meeting with appropriate County personnel for the purpose of road
scheduling, coordination and Purchase Order preparation.The meeting will be held at a mutually agreed
upon time by the Contractor and Depity Administrator. Subsequent meetings will be held throughout the
duration of the project, as necessary, until substantial completion of the road list. Meeting attendance is
mandatory and with no additional compensation for attendance.
SC-3.25. The Deputy Administrator or authorized representative shall issue a signed Purchase Order to the
Contractor for paving assignment. Duplicate delivery tickets must be received by authorized County
personnel and signed at each designated work site,as the asphalt is being laid. Copies of the signed tickets
shall be included with the Purchase Order upon invoice.
SC-3.26. The Contractor is expected to commence work assignments within ten (10) calendar days of
written order by the County.The Contractor should notify the Deputy Administrator or designee in writing
of the commencement date.Written orders will be in the form of a Purchase Order or other written means,
sent by the County to the Contractor.Liquidated damages in the amount of$500 per day may be assessed to
the Contractor for each day after ten(10)working calendar days a paving crew is not on site. Once initiated,
work is to be continuous until completion of the work order or released by the County.
SC-3.27. Purchase Orders, or other written means, will list estimate asphalt tonnage for paving and
resurfacing projects.
SC-3.28. Fuel and/or bituminous adjustments: If the bidder desires an adjustment,it is their responsibility
to supply to the County any and all data, forms, reports and documentation (using FDOT forms) in
accordance with FDOT requirements in order to receive an adjustment. Bidder's submittal must be
acceptable, clear and complete. If and when, an adjustment is requested, the bidder will submit their
documentation starting from the beginning of this bid/contract and include each month thereafter until
contract terminates. Once the adjustment has been requested, each invoice thereafter must include proper
fuel/bituminous documentation for processing.Fuel/bituminous adjustments will only be considered with a
[1056-00021667.1ADMI ]
timely and properly submitted invoice. If an invoice is submitted with no adjustment documentation (the
initial adjustment request),bidder must wait until next invoice period to submit the initial adjustment request.
Bidder will not be permitted to request a fuel/bituminous adjustment(the initial request)after submission of
an invoice.
SC-3.29. Contractor shall install the new asphalt to ensure that the transition joints are not excessive and a
good quality ride is provided when finished.The final result of the installation of the asphalt shall provide
an even transition with the existing area.No more than one-quarter(1/4)inch difference in height shall be
allowed for the transition of two (2) areas. Saw cutting and removing the existing pavement to provide a
clean butt joint is acceptable. Milling the existing asphalt may be approved by the County to provide the
same results, is also acceptable. The asphalt key cut or joint shall have a minimum depth of 1" and be 5'
wide with an average slope of 1.7%. The asphalt key cut or joint will span the entire longitudinal length of
the roadway from edge of pavement to edge of pavement or as directed by the County.
SC-3.30. Milling operations shall be governed by Section 327 of the FDOT Standard Specifications for
Road and Bridge Construction,Latest Edition.The price per square yard(SY)will include but not be limited
to:cleaning,all MOT required and approved by the Deputy Administrator or designee,hauling and disposal,
all labor,equipment and material necessary to remove existing asphalt. Cleaning and preparing surface for
tack coat.
END OF SPECIFIC CONDITIONS
SECTION 4.0 SPECIFICATIONS FOR ASPHALT PAVING ANNUAL BID
4.1 INTENT
It is the intent of this solicitation to provide for the construction and completion in every detail of the work
described in this proposal for Asphalt Paving in Okeechobee County, Florida for a period of one (1)year
with four(4)one(1)year renewal options.Furnish all labor,materials equipment,tools,transportation and
supplies to pave,mill,resurfacing,and repair:unpaved streets,paved streets,bike paths,sidewalks,parking
lots,open road cut repairs, shoulder restoration, intersection radius and apron repairs,etc. All materials and
workmanship shall meet Florida Department of Transportation Standard Specifications for Road and Bridge
Construction,Latest Edition,unless otherwise discussed herein.
4.2 SCOPE OF WORK
4.2.1 Paving Options—A total of four(4)different paving options shall be used:
4.2.1.1 Resurface Existing Streets or Parking Lots, greater than 5 tons:
4_2.1.1.1 Pave with Type SP 9.5 Asphalt Level C in accordance with
Sections 300, 320, 330, 334 and 916 and all sections referenced
therein of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction,latest edition.
4.2.1.1.2 Match existing curb line with cross slope of%a inch per foot to
center line or as directed by the County.
l 1 ose-00021667.JADMIN J
4.2.1.1.3 Hand work may be required in certain areas such as driveways,
intersections, storm drains, manholes, water valve covers etc.,to
prevent"bird baths"in excess of inch in depth.Payment for this
work is incidental to and will be included in the bid price for
materials.
4.2.1.1.4 Bidder should note Section 330 of Florida Department of
Transportation Standard Specifications for Road and Bridge
Construction,latest edition,which calls for the finished surface not
to vary more than 3/16 of an inch in 15 feet.
4.2.1.1.5 Payment will be on a per-ton basis for asphalt,to include all work
specified; including applicable requirements of Sections 320 and
330 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction,latest edition.
4.2.1.2 Small Proiect Asphalt Repairs, less than 5 tons:including but not
limited to open cuts, shoulder restoration and intersection
radius/apron repairs:
4.2.1.2.1 Small Projects may or may not be grouped together in order to
provide the public with smooth riding course in a timely fashion.
4.2.1.2.2 Pave with Type SP 9.5 Asphalt Level C in accordance with
Sections 300, 320, 330, 334 and 916 and all sections referenced
therein of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction,latest edition.
4.2.1.2.3 Match existing curb line with cross slope of '/a inch per foot to
center line or as directed by the County.
4.2.1.2.4 Hand work may be required in certain areas such as driveways,
intersections, storm drains, manholes,water valve covers etc., to
prevent"bird baths"in excess of'A inch in depth.Payment for this
work is incidental to and will be included in the bid price for
materials.
4.2.1.2.6 Bidder should note Section 330 of Florida Department of
Transportation Standard Specifications for Road and Bridge
Construction,latest edition,which calls for the finished surface not
to vary more than 3/16 of an inch in 15 feet.
4.2.1.2.6 Payment will be on a per-ton basis for asphalt,to include all work
specified; including applicable requirements of Sections 320 and
330 of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction,latest edition.
[1056-00021667.1 ADMTNJ
4.2.1.3 New Pavement(Base prepared and Finished by County):
4.2.1.3.1 Base will be finished by the County in accordance with Sections
200,210,230,204 and all sections referenced therein of the Florida
Department of Transportation Standard Specifications for Road
and Bridge Construction,latest edition.
4.2.1.3.2 Pave with Type SP 9.5 Asphalt Level C in accordance with
Sections 300, 320, 330, 334 and 916 and all sections referenced
therein of the Florida Department of Transportation Standard
Specifications for Road and Bridge Construction,latest edition.
4.2.1.3.3 Match existing curb line with cross slope of 'A inch per foot to
center line or as directed by the County.
4.2.1.3.4 Hand work may be required in certain areas such as driveways,
intersections, storm drains, manholes, water valve covers etc.,to
prevent"bird baths"in excess of%a inch in depth.Payment for this
work is incidental to and will be included in the bid price for
materials.
4.2.1.3.5 Payment will be on a per-ton basis for asphalt,to include all work
specified.
4.2.1.4 Asphalt pavement in areas where vehicle traffic does not travel,
such as bike paths,sidewalks,pavement under guardrail etc.
4.2.1.4.1 Pave with any plant-mixed hot bituminous mixture that produces a
finished pavement which will not distort or mar under bicycle or
mower wheel loads in accordance with Section 339 and all sections
referenced therein of the Florida Department of Transportation
Standard Specifications for Road and Bridge Construction, latest
edition. Apply soil treatment to foundation soil using a pre-
emergent herbicide approved for use under paved surfaces;applied
in accordance with the label.
4.2.1.4.2 Match existing pavement edges.
4.2.1.4.3 Hand work may be required in certain areas such as posts,
driveways,water valve covers,storm drains,manholes etc.If posts
are to be installed in pavement area, holes may be cut for
installation through the completed pavement. After completing
installation of posts and compaction of the backfill material,patch
the area around each post with fresh hot bituminous mixture.
4.2.1.4.5 Payment will be on a per-ton basis for asphalt,to include all work
specified;including applicable requirements of Sections 339 of the
[1056-00021667.1 ADMfl
Florida Department of Transportation Standard Specifications for
Road and Bridge Construction,latest edition.
4.2.2 Milling of Existing Asphalt Streets or Parking Lots:
4.2.2.1 Remove existing asphalt pavement by milling to improve the
readability and cross slope of the finished pavement,to lower the
finished grade adjacent to existing curb prior to resurfacing or to
completely remove existing asphalt.
4.2.2.2 Provide a milling machine capable of maintaining depth of cut and
cross slope that will achieve the results of the specifications
provided by the County. Use a machine with a minimum overall
length(out to out measurement excluding the conveyor) of 18 feet
and a minimum cutting width of 6 feet.Equip the milling machine
with a built-in automatic grade control system that can control the
transverse slope and the longitudinal profile to produce the
specified results. The Contractor may use a smaller milling
machine when milling to lower the grade adjacent to existing curb
or other areas where it is impractical to use the above described
equipment.
4.2.2.3 Core samples of the existing asphalt surface shall be required in
order to determine the appropriate milling depth. Asphalt cores
shall be taken a minimum of every 500 linear feet.
4.2.2.4 Mill existing streets or portions of existing streets in accordance
with Section 327 and all sections referenced therein of the Florida
Department of Transportation Standard Specifications for Road
and Bridge Construction,latest edition.
4.2.2.4 Mill depth shall be an average of 1", 1 ''/z"or 2"as directed by the
County.
4.2.2.5 Milled areas should be overlaid as soon as possible to prevent dust
problems or damage.
4.2.2.6 All damage due to dust or otherwise entailed in this project will be
the responsibility of the Contractor and should be bid this way.
4.2.2.6 All excess milled material becomes the property of the Contractor.
4.2.2.7 Payment will be on a square-yard per depth basis for plan quantity
area for all work specified in this Section,including hauling off and
stockpiling or otherwise disposing of the milled material.
[1056-00021667.1ADMIIV]
4.2.3 Testing:
Testing of material will be performed to ensure compliance with Florida Department of Transportation
Standard Specifications for Road and Bridge Construction,latest edition.All acceptable field and laboratory
tests will be at the County's expense.Failings test will be paid by the Contractor.
4.2.4.1 Asphalt Testing: One(1)set of the following tests for each 200 tons placed or one(1)set
per day if less than 200 tons placed.
SP-01. Price per linear feet(LF)will-include but not be limited to:cleaning,all MOT required and approved
by the County or Deputy Administrator,hauling and disposal,all labor,equipment and material necessary
to remove existing asphalt.Cleaning and preparing surface for tack coat.
SP-02. Maintenance of Traffic Plan(MOTP)acceptable to the County,must be submitted and followed for
each assignment. If a State highway is involved a FDOT/MOTP will be required.
SP-03. All application methods,material and configurations shall be in accordance with the applicable
section of
A) FDOT Standard Specifications for Road and Bridge Construction,Latest Edition,Sections
300,320,327,330,334,339,901,902,916,917
B) Manual on Uniform Traffic Control Devices(MUTCD),including Part VI(Latest Edition)
Published by Federal Highway Administration
SP-04. Bidder is not required to be an F.D.O.T. approved vendor, but the County reserves, at its sole
discretion,the right to reject any bidder for any reason whatsoever.
SP-05. Certification (satisfactory to the County) must be furnished to the County that materials meet or
exceed FDOT specifications.
END OF SPECIFICATIONS
11056-00021667.1ADMW]
(/ ( ; I r' /ICtf
•
V. BID PROPOSAL
Page 1 of 2
BID NO:2019-05
OKEECHOBEE COUNTY
ASPHALT RESURFACING AND
NEW ROAD CONSTRUCTION
The undersigned bidder has carefully examined the bid documents and the contract documents,the site of
work and is familiar with the nature and extent of the work,and any local conditions that may in any manner
affect the work to be done and the equipment, materials, labor and expertise required and accordingly
submits the following bid:
ITEM NO, 1:Furnish and place SP-9.5(Superpave)Asphalt, including tack coat:
1 to 20 Tons S 247.90 /Ton
20 to 50 Tons S 156.00 /Ton •
Over 50 Tons S 128.40 /Ton
ITEM NO.2: Mill Transitions in existing asphalt five feet(5')wide with a minimum depth of one inch
(1")at the tie in location to zero inches (0"). The linear foot price shall be the total length of the milled
joint at the tie
1' to 20' S 32.00 /Linear Foot
21' to I00' S 14.50 /Linear Foot
Over 100' S 11.00 /Linear Foot
ITEM NO.3:Asphalt Milling,Removal and.Disposal—1''Average Depth:
0 to 100 S.Y. 565,15 /Square Yard
101 to 500 S.Y. S25.00 /Square Yard
501 to 1000 S.Y. S 11. 50 /Square Yard
Over 1000 S.Y. S6.30 /Square Yard
ITEM NO.4: Asphalt Milling, Haul to County Stockpile*— I"Average Depth:
0 to I00 S.Y. S 69.00 /Square Yard
101 to 500 S.Y. S 29.00 /Square Yard
501 to 1000 S.Y. S15.50 /Square Yard
Over 1000 S.Y. $7.20 /Square Yard
*County stockpile is located at 2442 US Highway 441 North(access is from NW 23nd Lane just west
of US 441)
ITEM NO.5: Full Size(7' +1-)Road Miller 5 5.800.00 /Day
EXHIBIT "B"
•
•
ITEM NO 6: Painted Pavement Markings
6"Solid White 0—2000 If $4.25 /Linear Feet
6"Solid White 2001 to 5000 If $0.0D /j,tnear Feet
6"Solid White over S000 If $0.50 /Linear Feet
6"Solid Yellow 0—2000 If $4.25 /Linear Feet
6"Solid Yellow 2001 to S0001f S 0.60 f Tdneerr Feet
6"Solid Yellow over 50001f $0.50 /(,ins Feet
6"10'-30'Skip White 0-1 mi S11925.00 /Grass Moe
6"10'-30'Skip White 1 to 5 mi S 1,700.00 /Gross Me
6"10'-30'Skip White over S mi $1 A00.00 /Gross Mile
6"10'—30 Skip Yellow 0-1 mi $1,925.00 /Gross M11e
12"Solid White 0—S00 If $1.80 /Linear Feet
12"Solid White over 500 If $1.10 /Linear Feet
24"Solid White 0—100 If $3.25 /Linear Feet
24"Solid White over 100 If $2.75 /Linear Feet
Does the bidder take any exceptions to the Bid Specifications? Yes No X
If'Yes°,please detail those occeptions on this form.[Additional signed&dated sheets may be used].
VI.Bid proposal
Alosnwiedgement of Adder(initial and date)
•i• :,• • Number 1:'..G.Initial 03-15-2019 Date
Addendum: Number 2: Initial Date
Alldldum: Number 3: Initial Date
•
•
SUPPLEMENTARY PROVISIONS
FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
This Contract is subject to state and federal laws,rules,and regulations due to the County's receipt of federal funds necessary to
enter into this Contract.Federal laws and regulations as applicable to the Contractor's scope of work,including,but not limited
to those enumerated in the following subparagraphs, are incorporated into this Contract unless otherwise provided in the
solicitation,bid documents,specific program,or funding award,or unless excluded by law. Some provisions have thresholds and
exclusions that may apply due to the contract amount, solicitation, bid documents,specific program,or funding award.The
Contractor is advised to be aware of the specific requirements of the federal funding source for this Contract.
a. GENERAL:2 C.F.R.200.326 as described in Appendix 1I to Part 200--Contract Provisions for non-Federal
Entity Contracts Under Federal Awards;
b. USDA:7 C.F.R.624-USDA,NRCS Emergency Watershed Protection;
c. FEMA:FEMA Public Assistance Program and Policy Guide,FEMA 325 Debris Management Guide,FEMA
Recovery Policy 9500 series; and any other Federal rule, regulation or policy relating to disaster repair,
reconstruction and debris. Further, Contractor hereby declares that Contractor, its principles, and its
subcontractors are not currently debarred or suspended by federal or state law.
Contractor and all associated contractors are considered recipients therefore the following provisions must be included in all
contract provisions; inclusive those of the subcontractor when and where applicable.
1. TERMINATION FOR CAUSE AND/OR CONVENIENCE.
1.1 The County,by written notice to the Contractor,may terminate this Contract with or without cause,in whole
or in part,when the County determines in its sole discretion that it is in the County's best interest to do so.In
the event of termination,the Contractor will not incur any new obligations for the terminated portion of this
Contract after the Contractor has received notification of termination.
1.2 If this Contract is terminated before performance is completed,the Contractor shall be paid only for that work
satisfactorily performed for which costs can be substantiated. Such payment, however,may not exceed an
amount that is the same percentage of this Contract price as the amount of work satisfactorily completed is a
percentage of the total work called for by this Contract. All work in progress shall become the property of the
County and shall be turned over promptly by the Contractor.
2. EQUAL EMPLOYMENT OPPORTUNITY.
During the performance of this Contract,the Contractor agrees as follows:
2.1 The Contractor will not discriminate against any employee or applicant for employment because of race,color,
religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are
employed,and that employees are treated during employment,without regard to their race,color,religion,sex,
or national origin. Such action shall include, but not be limited to the following:employment, upgrading,
demotion,or transfer,recruitment or recruitment advertising;layoff or termination;rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause.
2.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor,state that all qualified applicants will receive consideration for employment without regard to race,
color,religion,sex,or national origin.
2.3 The Contractor will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has inquired about,discussed,or disclosed the compensation
7073-385938.WPD (Rev. 1/21/19)
EXHIBIT "C"
Supplementary Provisions for Non-federal Entity Contracts Under Federal Awards
Page 2 of 6
of the employee or applicant or another employee or applicant.This provision shall not apply to instances in
which an employee who has access to the compensation information of other employees or applicants as a part
of such employee's essential job functions discloses the compensation of such other employees or applicants
to individuals who do not otherwise have access to such information,unless such disclosure is in response to
a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,or action,including an
investigation conducted by the employer,or is consistent with the Contractor's legal duty to furnish information.
2.4 The Contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union
or workers' representatives of the Contractor's commitments under this section, and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
2.5 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the
rules,regulations,and relevant orders of the Secretary of Labor.
2.6 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965,and by the rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will permit
access to his books,records,and accounts by the contracting agency and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules,regulations, and orders.
2.7 In the event of the Contractor's non-compliance with the nondiscrimination clauses of this Contract or with any
ofsuch rules,regulations,or orders,this Contract may be canceled,terminated or suspended in whole or in part
and the Contractor may be declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24,1965,or by rule,regulation,or order
of the Secretary of Labor,or as otherwise provided by law.
2.8 The Contractor will includethe portion of the sentence immediately preceding paragraph 2.1 and theprovisions
of paragraphs 2.1 through 2.8 in every subcontract or purchase order unless exempted by rules,regulations,or
orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965,so thatsuch provisionswillbe binding upon each subcontractor or vendor.The Contractor will take such
action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a
means of enforcing such provisions including sanctions for noncompliance;provided,however,that in the event
the Contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result
of such direction, the Contractor may request the United States to enter into such litigation to protect the
interests of the United States.
3. DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT.
3.1 Applicability of Davis-Bacon Act and the Copeland"Anti-Kickback Act."
3.1.1 All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144 and 3146-3148)as
supplemented by Department of Labor regulations at 29 C.F.R.Part 5(Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction).See 2 C.F.R.Part
200,Appendix 1I,§D.
3.1.2 FEMA funded projects: The Davis-Bacon Act only applies to the Emergency Management
Preparedness Grant Program,Homeland Security Grant Program,Nonprofit Security Grant Program,
Tribal Homeland Security Grant Program,Port Security Grant Program,and Transit Security Grant
Program. It does not apply to other FEMA grant and cooperative agreement programs.
including the Public Assistance Program.In situations where the Davis-Bacon Act does not
apply, neither does the Copeland "Anti-Kickback Act."
3.1.3 NRCS funded projects:Emergency Watershed Protection projects may not require compliance
with the Davis-Bacon Act. Refer to the proposal,bid specifications,or specific grant award
funding the project.
3.1.4 Other federally funded projects:If not indicated in the County invitation to bid,it is incumbent upon
7073-385938.WPD (Rev. 1/21/19)
Supplementary Provisions for Non-federal Entity Contracts Under Federal Awards
Page 3 of 6
the Contractor to inquire as to the federal funding sources to determine the applicability of The Davis-
Bacon Act.and the Copeland "Anti-Kickback Act."
3.2 If the Contract is a construction contract in excess of $2,000.00 the Contractor must comply with the
Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor
regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction).See 2 C.F.R.Part 200,Appendix II,§D.
3.3 Compliance with the Copeland"Anti-Kickback"Act.If the Contract is subject to the Davis-Bacon Act,the
Contractor must comply with the Copeland "Anti-Kickback" Act(18 U.S.C. § 874,40 U.S.C. § 3145), as
supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on
Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States).
3.3.1 The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity contracts.
Contracts involving FEMA funds or projects seeking FEMA reimbursement shall be deemed to
incorporate the following additional provisions:
3.3.1.1 Contractor.The Contractor shall comply with 18 U.S.C.§874,40 U.S.C.§3145,and the
requirements of 29 C.F.R.pt.3 as may be applicable,which are incorporated by reference
into this Contract.
3.3.1.2 Subcontracts.The Contractor or subcontractor shall insert in any subcontracts the clause
above and such other clauses as the FEMA may by appropriate instructions require,and also
a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all of these contract clauses.
3.3.1.3 Breach. A breach of the contract clauses above may be grounds for termination of the
contract,and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
5.12.
4. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT.
4.1 Overtime requirements.No Contractor or subcontractor contracting for any part of the Contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
4.2 Violation;liability for unpaid wages;liquidated damages.In the event of any violation of the clause set forth
in paragraph 4.1 of this section the Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages.In addition,such Contractor and subcontractor shall be liable to the United States(in the case
of work done under Contract for the District of Columbia or a territory,to such District or to such territory),
for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or
mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph 4.1 of this
section,in the sum of$10 for each calendar day on which such individual was required or permitted to work
in excess ofthe standard workweek of forty hours without payment ofthe overtime wages required by the clause
set forth in paragraph 4.1 of this section.
4.3 Withholding for unpaid wages and liquidated damages.The County shall upon its own action or upon written
request of an authorized representative ofthe Department of Labor withhold or cause to be withheld,from any
moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or
any other Federal contract with the same prime Contractor,or any other federally-assisted contract subject to
the Contract Work Hours and Safety Standards Act,which is held by the same prime Contractor,such sums as
may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph 4.2 of this section.
4.4 Subcontracts.The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs
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4.1 through 4.4 of this section and also a clause requiring the subcontractors to include these clauses in any
lower tier subcontracts.The prime Contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs 4.1 through 4.4 of this section.
5. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT.
If the federal award meets the definition of"funding agreement"under 37 CFR section 401.2(a)and the Contract
involves the performance of experimental, developmental or research work under that "funding agreement", the
contractor must comply with the requirements of 37 CFR part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any
implementing regulations issued by the awarding federal agency.
6. CLEAN AIR ACT&FEDERAL WATER POLLUTION CONTROL ACT
6.1 Applicability.The provisions of this section 6 apply to Contracts of amounts in excess of$150,000.00.
6.2 Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean
Air Act(42 U.S.C.7401-767 et seq.)and the Federal Water Pollution Control Act as amended(33 U.S.C.1251-
1387),and will report violations to the County and the Regional Office of the Environmental Protection Agency
(EPA).
6.3 The Contractor agrees to include these requirements in each subcontract exceeding$150,000.00.
7. SUSPENSION AND DEBARMENT
7.1 This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R.pt. 3000.As such the
Contractor is required to verify that none of the Contractor,its principals(defined at 2 C.F.R.§ 180.995),or
its affiliates(defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R.§180.935).
7.2 The Contractor must comply with 2 C.F.R.pt.180,subpart C and 2 C.F.R.pt.3000,subpart C and must include
a requirement to comply with these regulations in any lower tier covered transaction it enters into.
7.3 This certification is a material representation of fact relied upon by the County.If it is later determined that the
Contractor did not comply with 2 C.F.R. pt.180, subpart C and 2 C.F.R. pt.3000,subpart C, in addition to
remedies available to the County,the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment.
7.4 The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180,subpart C and 2 C.F.R.pt.3000,
subpart C throughout the period of the Contract.The Contractor further agrees to include a provision requiring
such compliance in its lower tier covered transactions.
8. BYRD ANTI-LOBBYING AMENDMENT
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee
of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant,or any
otheraward covered by 31 U.S.C.§1352.Contractor and eachtier shall also disclose any lobbying with nonfederal funds
that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to
the Contractor and then to the County.
9. RECOVERED MATERIALS
9.1 Contractor must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource
Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency(EPA) at 40 C.F.R.part 247 that contain the highest
percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,
where the purchase price of the item exceeds$10,000 or the value ofthequantity acquired during the preceding
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fiscal year exceeded$10,000;procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.[78 FR 78608,Dec.26,2013,as amended at 79 FR 75885,Dec.19,
2014].
9.2 Additional FEMA Requirements.
9.2.1 The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity contracts.
Contracts involving FEMA funds or projects seeking FEMA reimbursement shall be deemed to
incorporate the following additional provisions:
9.2.1.1 Changes Orders. To be eligible for FEMA assistance under the County's FEMA grant or
cooperative agreement,the cost of the change,modification,change order,or constructive
change must be allowable,allocable,within the scope of its grant or cooperative agreement,
and reasonable for the completion of project scope.
9.2.1.2 Any Change Order that would be outside the scope of the County's grant or cooperative
agreement or would otherwise be non-reimbursable under FEMA disaster relief guidelines,
must state that fact in the Change Order.
10. RECORDS
10.1 Contractor shall provide,when requested, access by the County, federal granting agency, the Comptroller
General of the United States,or any of their duly authorized representatives to any books,documents,papers,
and records of the Contractor which are directly pertinent to this contract for the purpose of making audit,
examination,excerpts,and transcriptions.
10.2 Contractor shall retain all records associated with this Contract for three(3)years after final payments and all
other pending matters are closed.
10.3 The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the Contract.
I I. REMEDIES
11.1 In the event the Contractor fails to satisfactorily perform or has failed to adhere to the terms and conditions
under this Contract,the County may,upon fifteen(15)calendar days written notice to the Contractor and upon
the Contractor's failure to cure within thosefifteen(15)calendar days,exercise any one or more ofthe following
remedies,either concurrently or consecutively:
11.1.1 Withhold or suspend payment of all or any part ofa request for payment.
11.1.2 Require that the Contractor refund to the County any monies used for ineligible purposes under the
laws,rules and regulations governing the use of these funds.
11.1.3 Exercise any corrective or remedial actions,to include but not be limited to:
11.1.3.1 requesting additional information from the Contractor to determine the reasons for or the
extent of non-compliance or lack of performance;
11.1.3.2 issuing a written warning to advise that more serious measures may be taken if the situation
is not corrected;
11.1.3.3 advising the Contractor to suspend, discontinue or refrain from incurring costs for any
activities in question;or
11.1.3.4 requiring the Contractor to reimburse the County for the amount of costs incurred for any
items determined to be ineligible.
11.2 Pursuing any of the above remedies will not keep the County from pursuing any other rights or remedies which
may be otherwise available under law or in equity.If the County waives any right or remedy in this Contract
or fails to insist on strict performance by the Contractor,it will not affect,extend or waive any other right or
remedy of the County,or affect the later exercise of the same right or remedy by the County for any other
default by the Contractor.
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12. USE OF FEDERAL AGENCY SEALS,LOGOS AND FLAGS.
The Contractor shall not use the seal(s),logo(s),crest(s),or reproduction(s)of flags of any funding federal agency or
likenesses of a federal agency officials without specific written preapproval of that agency.Agencies include,but are
not limited to Department of Homeland Security(DHS);Federal Emergency ManagementAgency(FEMA);United States
Department of Agriculture (USDA); National Resources Conservation Service (NRCS); U.S. Department of
Transportation (USDOT); Federal Highway Administration (FHWA) and U.S. Environmental Protection Agency
(USEPA).Use of a U.S.government work in a way that implies endorsement by a U.S.Government Agency,official
or employee is prohibited.
13. COMPLIANCE WITH FEDERAL LAW,REGULATIONS,AND EXECUTIVE ORDERS.
This is an acknowledgment and agreement that federal financial assistance will be used to fund the Contract only.The
contractor will comply will all applicable federal law,regulations,executive orders,policies,procedures,and directives.
14. NO OBLIGATION BY FEDERAL GOVERNMENT.
The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the
non-federal entity,contractor,or any other party pertaining to any matter resulting from the Contract.
15. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.
The Contractor acknowledges that 31 U.S.C. Chap.38 (Administrative Remedies for False Claims and Statements)
applies to the Contractor's actions pertaining to this Contract.
16. FEDERAL-AID CONSTRUCTION CONTRACTS FOR HIGHWAY PROJECTS REQUIRING
ATTACHMENT OF FORM FHWA-1273.
Where the attachment and compliance with the provisions of Form FHWA-1273 is required, any provision of the
Contract or other provisions of this Supplementary Provisions shall not be construed to amend or waive the provisions
of Form FHWA-1273.
7073-385938.WPD (Rev. 1/21/19)
[C N! Roberts Contracting—Independent Contractor's Agreement—Renewal I of.2J
AGREEMENT FOR RENEWAL AND AMENDMENT
OF INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT FOR RENEWAL AND AMENDMENT OF INDEPENDENT
CONTRACTOR'S AGREEMENT(hereinafter"this Renewal")is made and entered into effective
the 15t day of May, 2022, by and between OKEECHOBEE COUNTY, a political subdivision of
the State of Florida(hereinafter the"COUNTY")and C.W. ROBERTS CONTRACTING, INC.,
a Florida corporation(hereinafter"CONTRACTOR").
WITNESSETH
WHEREAS, the COUNTY is a political subdivision of the State of Florida, having a
responsibility to provide certain services to benefit the citizens of Okeechobee County;and
WHEREAS, the COUNTY and CONTRACTOR entered into an Independent
Contractor's Agreement dated April 1, 2019 (hereinafter the"2019 Agreement"),as amended by
an Agreement for Amendment of Independent Contractor's Agreement dated August 13, 2020
(hereinafter the"2020 Amendment");and
WHEREAS,the CONTRACTOR has provided services under the Agreement,in a manner
satisfactory to the COUNTY;and
WHEREAS,the 2019 Agreement provided for a three(3)year Term commencing May 1,
2019, and provided for two (2) additional one (1) year terms, upon written agreement by the
parties, and the parties are desirous of extending the 2019 Agreement, as amended by the 2020
Amendment;and
WHEREAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies
with regard to the use of the E-Verify system by their contractors and subcontractors.
NOW THEREFORE,in consideration of the premises,and in consideration of the mutual
conditions,covenants,and obligations hereafter expresses, it is agreed as follows:
1. Recitals. The foregoing recitals are true and correct and constitute the material basis for
this Amendment. Said recitals are hereby ratified and made a part of this Amendment
Agreement.
2. Renewal. The 2019 Agreement as amended by the 2020 Amendment is hereby renewed
and extended for an additional one(1)year term, through April 30,2023.
3. Amendment. The 2019 Agreement is hereby amended to include the following provision:
E-Verify Compliance. Contractor affirmatively states, under penalty of perjury, that in
accordance with Section 448.095, Fla. Stat., Contractor is registered with and uses the E-
[1020-00030959.1ADMINI
Verify system to verify the work authorization status of all newly hired employees,that in
accordance with such statute, Contractor requires from each of its subcontractors an
affidavit stating that the subcontractor does not employ,contract with,or subcontract with
an unauthorized alien,and that Contractor is otherwise in compliance with Sections 448.09
and 448.095, Fla. Stat.
4. All remaining terms,provisions,and conditions,including,but not limited to the terms for
payment,of the 2019 Agreement dated April 1,2019,as amended by the 2020 Amendment
dated August 13,2020, remain in full force and effect.
IN WITNESS WHEREOF', the parties hereto have signed and sealed this Renewal
Agreement on the day and date first written above.
OKEECHOBEE COUNTY, a political
subdivision of the State of Florida
TERRY Vi{ BURROU SHS,CHAIRMAN
BOARD OT COUi)1'FY OMMISSIONERS
ATTEST: Date: Qd0v e7e o�
� � f / (Seal)
Ant 4
JERALD D. BRYANT, CLERK(OF
THE CIRCUIT COURT&COMPTROELER
OKEECHOBEE COUNTY, FLORIDA
C.W. ROBERTS CONTRACTING,INC.
ROBERT P. FLO ERS,as i President and
authorized agent
(CORPORATE SEAL)
ATTEST:
Robert Delisle, Secretary
[1020-00030959.1ADMIN] 2