Bid PW 05-11-07 23 Contract CITY OF OKEECHOBEE
INVITATION TO BID
CITY OF OKEECHOBEE 2023 SIDEWALK
IMPROVEMENTS
No. PW 05-11-07-23
OPENING DATE AND TIME: JULY 26, 2023, at 3:00 P.M.
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Prepared by: David Allen, Public Works Director
Dated: June 29, 2023
City of Okeechobee Project No. PW 05 11 07 23
Public Works Department
CITY OF OKEECHOBEE
CITY COUNCIL
Bid No. PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK
IMPROVEMENTS
DOWLING R. WATFORD, JR., MAYOR
MONICA CLARK, VICE MAYOR
NOEL CHANDLER
BOB JARRIEL
DAVID McAULEY
GARY RITTER, CITY ADMINISTRATOR
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department
TABLE OF CONTENTS
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
PW 05-11-07-23
Invitation to Bid Advertisement Form 1
Section I General Information 2
Section II Submission Requirements 3
Section III Bid Documentation 4 -5
Section IV Minimum Qualifications for Bidders 6 -7
Section V Bonding and Insurance Requirements 8 -24
Section VI Rejection of Bid 25
Section VII Agreement for Services 26—34
Section VIII Miscellaneous 35—36
Exhibits
A Governing Specifications 37—41
B Bid Unit Price Schedule 42—43
Attachments:
A No Lobbying Affidavit 44
B Anti-Collusion Statement and No Gift Statement 45
C Proposer's Certification 46
D Sworn Statement Pursuant to Section 287.133(3)(a), FL § on
Public Entity Crimes 47—48
E Conflict of Interest Disclosure Form 49
F Immigration Law Certification 50
G Drug-Free Workplace Certification 51
H Reference Form 52
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department
INVITATION TO BID NO. PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
Opening Date and Time: July 26,2023,3:00 PM EST
The City of Okeechobee, Florida is currently soliciting bids to provide construction services needed to install
various concrete projects located within the City including:
• Removal of existing sidewalk and installation of new Americans with Disabilities Act(ADA)ramps.
• Removal and replacement of existing sidewalk and/or curb and gutter.
• Installation of new sidewalk and/or curb and gutter.
Sealed bids must be received no later than 3:00 PM EST on or before Wednesday,July 26,2023 to:
City Hall
General Services Department Room 101
55 SE 3rdAvenue
Okeechobee, FL 34974
All responses received by the deadline will be opened and recorded in the presence of one or more witnesses
within the Council Chambers, Room 200,at the address listed above.Any bids received after the above noted
date and time will not be opened or considered. Facsimile or emailed bids will not be accepted.
Product specifications are available in the Bid Packets that may be obtained on the City's website:
www.cityofokeechobee.com/contracting-opportunities.html, or from the General Services Department, Room
101 at City Hall during normal office hours,Mon-Fri,8 AM-4:30 PM EST,except holidays,or by contacting Patty
Bumette,863-763-9820,or via email at pbumette@cityofokeechobee.com.
Direct questions concerning the scope of work in writing no later than 4:00 PM EST,on July 19,2023 to Public
Works Director David Allen,dallen@cityofokeechobee.com.
NOTE: Bonding Requirements Apply to this Bid Opportunity.
Bid submittals MUST be within a sealed envelope, and contain clearly identified, two(2)originals and one(1)
copy of the bid, with the outside of the envelope clearly labeled "BID NO. PW 05-11-07-23 CITY OF
OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS, 07.26.23, 3:00 PM", 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 05-11-07-23
Public Works Department 1
SECTION I
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
GENERAL INFORMATION
All responses which comply with the requirements of this Bid will be considered.
Submittals must be made in the official name of the Firm or Individual under which business
is conducted (showing official business address)and must be signed in ink by a person duly
authorized to legally bind the person, Partnership, Company, or Corporation submitting the
response to this Bid.
Two clearly identified originals and one copy of your bid submittal are required.
Bid submittals will be received by the General Services Department until 3:00 p.m. on July
26, 2023.
Bid submittals are to be mailed, hand-delivered, and/or Express Mail to:
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, FL 34974
The submitting offeror is required to have printed on the sealed envelope or wrapping
containing their submission their Company name and return address, the Bid Number,
Title, Opening Date and Time.
Bids received after the date and time specified above shall be returned to the sender
unopened. Facsimile or emailed bids will not be accepted.
All bids shall remain in effect for a period of ninety(90) days after the last day on which bids
must be submitted.
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 2
SECTION II
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
SUBMISSION REQUIREMENTS
The bidder shall submit two (2) original clearly identified originals and one copy of
the following:
1. Bid Documentation Form (Section III)
2. Minimum Qualifications for Bidders Form (Section IV) and three (3)
references (Attachment H)
3. Bid Bond
4. Bid Unit Price Schedule (Section VII, Exhibit B)
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 Gift 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
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 3
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SECTION III
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
BID DOCUMENTATION
American Design Engineering
Construction Inc
(BIDDER'S COMPANY NAME)
City Council
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
I have received the documents titled CITY OF OKEECHOBEE 2023 SIDEWALK
IMPROVEMENTS Project No. PW 05-11-07-23. I have also received addendum number
0 through 0 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 in accordance with the start date specified in the Notice
to Proceed.
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.
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 4
American Design Engineering
Bidder: Construction Inc Date: 7/25/2023
(Company Name)
By: c5trA-go, ( ae;taI Title: VP
( ignature)
Yainier Steven Espinal Email:steven.espinal@adeconstructioninc.com
(Printed Name)
Mailing Address: 2200 N Commerce Parkway Suite 200 Weston Fl 33326
Office Number: 954 740 7777 Fax Number:
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 5
SECTION IV
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
MINIMUM QUALIFICATIONS FOR BIDDERS
Minimum Qualifications:
1.0 Experience
1.1 Bidder must have at least 3 years of experience in providing commercial
concrete services including sidewalks and other flat work, roadway curbing, and
roadway concrete pavement.
1.2 Bidder has successfully completed at least 12 concrete projects including at
least one project in each of the following categories:
1.2.1 Sidewalk installation
1.2.2 Roadway curbing
2.0 References
2.1 Bidder must provide at least 3 verifiable references of similar prior concrete
services including sidewalks and other flat work, and roadway curbing.
2.2 For each reference, Bidder shall submit a completed Reference Form provided
in Attachment H. provide the client's 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 Bidder certifies that
4.1 Bidder meets the qualifications listed in Section IV, 1.0 above.
4.2 Bidder has never failed to complete work awarded under a contract due to
circumstances that were under Bidder's control.
4.3 The Bidder has not been placed on the Discriminatory Vendor List kept by the
Florida Department of Management Services as listed in section 3.0 above.
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 6
American Design Engineering
Bidder: Construction Inc Date: 7/25/2023
(Company Name)
By: 5 �� Title: VP
Signature)
Yainier Steven Espinal Email:steven.espinal@adeconstructioninc.com
(Printed Name)
Mailing Address: 2200 N Commerce Parkway Suite 200 Weston Fl 33326
Office Number: 954 740 7777 Fax Number:
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 7
SECTION V
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
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 Section V, 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 one hundred twenty (120) days after date of
opening of the same, and
2. Within seven (7) business days after of the Notice of Apparent Low Bidder
Letter:
a. executing a written CONTRACT with the CITY, in accordance with the bid
as accepted;
b. providing evidence of insurance in the manner specified by the CITY; and
c. 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);
d. 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.
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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 Bidder 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 Bidder 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 the 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 05-11-07-23
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BOND AND INSURANCE
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 requirements under paragraph (3) below Required.
From: $500,000.01 All Bonds and Insurance Required: 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 Required: V or larger.
more A- or better
Circular 570 requirements
(paragraph (2) below
Bidder 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.
City of Okeechobee Project No. PW 05-11-07-23
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3. CONTRACT Price of$500,000 or Less:
Notwithstanding the foregoing paragraphs 1. and 2., in the event the CONTRACT
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 Bidder 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 Bidder 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 Bidder 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.
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Public Works Department 11
C. Alternate form of security. In lieu of the Common Law Performance Bond or
Statutory Payment Bond, Bidder 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 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 Bidder 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 Bidder 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 Bidder shall provide the certificate within seven (7) business days from the date
of the Notice of Apparent Low Bidder.
The Bidder 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. Bidder shall provide an insurance policy that provides the City of Okeechobee
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 Bidder.
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 Bidder'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
Bidder's insurance coverage, policies or capabilities, may be grounds for rejection
of the response and rescission of any ensuing contract.
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C. Self-insured Provisions. If the Bidder is a self-insured entity, the Bidder 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
Bidder to ensure that all Subcontractors are adequately insured or covered under
their policies. The CITY may at its discretion, require the Bidder 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 Bidder 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
Bidder's policy includes a Self-Insured Retention (SIR) Bidder 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.
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F. Business Auto Liability Insurance
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
Bidder's policy includes a Self-Insured Retention (SIR) Bidder may, at the CITY's
option, be required to meet established financial security requirements.
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 Bidder 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 Bidder 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.
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 14
INSURANCE
Bidder shall, at its sole cost and expense, procure and maintain throughout the term
of this contract, Comprehensive General Liability, Worker's Compensation, and
Commercial Automobile Liability insurance, including Employer Liability insurance,
with minimum policy limits specified below Combined Single Limits, or to the extent
and in such amounts as required and authorized by Florida Law, and will provide
endorsed certificates of insurance generated and executed by a licensed insurance
broker, brokerage or similar licensed insurance professional evidencing such
coverage, and naming the City of Okeechobee as a named additional insured, as
well as furnishing the City of Okeechobee with a certified copy, or copies, of said
insurance policies. Certificates of insurance and certified copies of these insurance
policies must accompany this signed contract. Said insurance coverages procured
by Bidder as required herein shall be considered, and Bidder 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 Bidder.
Worker's' Compensation - Coverage is to apply for all employees for
statutory limits in compliance with the applicable state and federal laws. The
policy must include Employers' Liability with a limit of $500,000.00 each
accident, $500,000.00 each employee, $500,000.00 policy limit for disease.
Commercial General Liability (Occurrence Form Required)
(ContractorNendor) shall maintain commercial general liability (CGL)
insurance with a limit of not less than $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 (ContractorNendor) shall
maintain automobile liability insurance with a limit of not less than
$1,000,000.00 each accident for bodily injury and property damage liability.
Such insurance shall cover liability arising out of any auto (including owned,
hired and non-owned autos). The policy shall be endorsed to provide
contractual liability coverage.
Nothing herein shall be construed to extend the City of Okeechobee's liability
beyond that provided in F.S. 768.28, Florida Statutes.
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 15
BID BOND
American Design Engineering
KNOW ALL MEN BY THESE PRESENTS, that we, Construction,inc. as
Principal and Frankenmuth Insurance Company , as Surety, are held and firmly bound
unto the City of Okeechobee (the "City"), in the penal sum of$5%of Amount Bid lawful
money of the United States, for the payment of which sum, well and truly to be made,
we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH, that whereas the Principal has
submitted the accompanying bid, dated July 26 , 2023.
for the Contract Documents:
Contract Number: PW 05-11-07-23
Contract Title: CITY OF OKEECHOBEE 2023 SIDEWALK
IMPROVEMENTS
NOW, THEREFORE,
1. If the Principal,
a. Within seven (7) business days after the date of the Notice of Apparent Low
Bidder, provides a Statutory Payment Bond and a Common Law
Performance Bond as specified in the General Terms & Conditions or, in
lieu of the Statutory Payment Bond or Common Law Performance Bond,
provides an alternate form of security as specified in the Contract
Documents; and provides the insurance certificate required under the
Contract Documents, completed by a lawfully authorized insurance agent;
and
b. Within seven(7)business days of receipt of the Contract Documents,enters
into a written contract with the City, in accordance with the Bid, as accepted,
then the above obligations of the Principal and Surety shall be null and
void.
2. However, should the Principal fail to fully comply with the conditions of
paragraph 1 above, then the Principal and Surety,jointly and severally, shall
be liable to the City for the full penal sum of this Bond which shall be forfeited
to the City as liquidated damage, but not a penalty, as a result of the
Principal's failure to comply with the bid instructions and conditions,
regardless of whether the City ultimately decides to change the project
requirements or resolicit bids.
3. The remedies provided herein are not to be construed as the City's exclusive
remedies for the principal's failure to enter into a contract with the City but
shall be deemed supplemental to all remedies available to the City at law or
otherwise.
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 16
i
DATED ON uuiy 25 , 2023
FOR NON-CORPORATE BIDDERS:
By:
(Witness) (Signature of Principal)
(Print Name)
(Print Name and Title)
(Witness)
(Print Name) Business Address
FOR CORPORATE BIDDERS: American Design Engineering Construction,Inc.
ATTEST:
(Signature of rrporate Principal)
.0444. Yainier Steven Espinal VP
Secretary (Print Name and Title)
2200 N Commerce Parkway Suite 202,
Weston.Fl 33326
Business Address
SURETY:
ATTEST:
(Corporate Seal) Frankenmuth Insurance Company
(Corporate Surety)
As Per Attached Power of Attomey --1. -->e—
Secretary (Print Name and Title)
su�
�pMip0G
`� One Mutual Avenue,Frankenmuth,MI 48787
7868 Business Address
AWN
5979 NW 151st ST,Suite 202,Miami Lakes,FL 33014
Florida Address for Service of Process
305-517-3803
Telephone Number
(Surety shall provide evidence of signature authority such as a certified copy of
Power of Attorney.)
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department 17
A
FRANKENMUTH INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,that Frankenmuth Insurance Company(the"Company"),a corporation duly organized
and existing under the laws of the State of Michigan,having its principal office at I Mutual Avenue,Frankenmuth, Michigan 48787,
does hereby nominate,constitute and appoint:
Warren M. Alter, Jonathan A. Bursevich, David T. Satine, Dawn Auspitz
Their true and lawful attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal,
acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty
Insurance,provided,however,that the penal sum of any one such instrument shall not exceed the sum of:
Fifty Million and 00/100 Dollars($50,000,000)
This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of
Frankenmuth Insurance Company:
"RESOLVED, that the President. Senior Vice President or Vice President and each of them under their respective
designations, hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile
signature, which may be attested or acknowledged by any officer of the Company,qualifying the attorney(s) named in the
given power of attorney,to execute on behalf of,and acknowledge as the act and deed of Frankenmuth Insurance Company
on all bonds,contracts and undertakings of suretyship,and to affix the corporate seal thereto."
IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate
seal herouttto Dated jhis 15th day of December,2022.
e~`. Frankenmuth Insurance Company
ik A
c.y__)7zza c.
1.
die
�p Frederick A.Edmond,Jr.,
s"r: President and Chief Executive Officer
S TEBIi. A
CO OF AW ) ss:
Sworn to before me,a Notary Public in the State of Michigan,by Frederick A.Edmond,Jr.,to me personally known to be the individual
and officer described in,and who executed the preceding instrument,deposed and said the Corporate Seal and his signatumf
were affixed and subscribed to said instrument by the authority of the Company. - t �'' , '#.
•
•
IN TESTIMONY WHEREOF,I have set my hand,and affixed my Official Seal this 15th day of December,2022. 0` � r= . j"�le,%
44441 X (Seal) e 7. �
•
Susan L.Fresorger,Notary Pu lic J •' :14:;`• : c O
r• Kd
Saginaw County,State of Michigan - y arc
My Commission Expires:April 3,2028
I,the undersigned,Executive Vice President of Frankenmuth Insurance Company,do hereby certify that the foregoing is a true,correct
and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and is in full force
and effect as of this date.
25th y
U 2023
IN WITNESS WHEREOF,I have set my hand and affixed the Seal of the
Company,this day of
Andrew H.Knudsen,Executive Vice President,
Chief Operating Officer and Secretary
ALL CORRESPONDENCE RELATED TO BOND VALIDATION AND/OR A CLAIM SHOULD BE DIRECTED TO
VP SURETY,701 U.S.ROUTE ONE,SUITE 1,YARMOUTH,ME 04096
Frankenmuth Insurance Company
Frariken.rriuth Ansur America Insurance Company
Patriot Life Insurance Company
INSURANCE Patriot Insurance Company
SURETY BOND SEAL ADDENDUM
Frankenmuth Insurance Company
Due to logistical issues associated with the use of traditional seals during the COVID-19
pandemic, Frankenmuth Insurance Company has authorized its Attorneys-in-Fact to affix
Frankenmuth Insurance Company's, corporate seal to any bond executed on behalf of
Frankenmuth Insurance Company, by any such Attorney-in-Fact, by attaching this
Addendum to said bond.
Through December 31,2023,to the extent this Addendum is attached to a bond that is
executed on behalf of Frankenmuth Insurance Company, by its Attorney-in-Fact,
Frankenmuth Insurance Company, hereby agrees that the seal below shall be
deemed affixed to said bond to the same extent as if its raised corporate seal was
physically affixed to the face of the bond.
Dated this 25th day of .fit 11y, 2023.
4‘‘sN� SUR'icF
0RgT • 0
0
a • Off. t(%
18
M�CHIGAN
Sign:
Attorney-in-fact Jonathan A. Bursevich
1 Mutual Avenue Frankenmuth,MI 48787 General:989.652.6121 Toll Free:800.234.1133 Claims:800.234.1133 www.fmins.com
ALTER SURETY GROUP, INC.
Bond Department-Public Works Bond
In compliance with Florida Statute Chapter 255.05,the provisions and limitations of section 255.05
Florida Statutes,including but not limited to,the notice and time limitations in Sections 255.05(2)
and 255.05(10)are incorporated in this bond by reference.
Bond Number: SUR0007498
Contractor American Design Engineering Construction Inc.
Address & 2853 Executive Park Drive SUITE 202 Weston,FL 33331
Phone No.: 954-740-7777
Surety Frankenmuth Insurance Company
Address& One Mutual Avenue Frankenmuth,MI 48787-0001
Phone No.: 989-652-6121
Owner Name:City of Okeechobee
Address & 55 SE 3rd Avenue Okeechobee,FL 34974
Phone No.: 863-763-9790
Contracting Public Entity
(if different from the owner)
Address&
Phone No.:
Contract/Project Number: PW 05-11-07-23
Project Name: pW 05-11-07-23,City of Okeechobee 2023 Sidewalk Improvements
Project Location:
Legal Description
And Street Address:
Description of Improvement:PW 05-11-07-23,City of Okeechobee 2023 Sidewalk Improvements
This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant under this bond for
payment must be in accordance with the notice and time limitation provisions in Section 255.05(2) and(10), Florida Statutes.
Any provision of this bond which conflict with or purports to grant broader or more expanded coverage in excess of the
minimum requirements of the applicable statute shall be deemed deleted herefrom. This bond is a statutory bond,not a common
law bond.
This is the front page of the bond.
All other page(s)are deemed subsequent to this page regardless of any page number(s)that may be
pre-printed thereon.
Bond Number:SUR0007498
Document A312TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place of business)
American Design Engineering Frankenmuth Insurance Company
Construction Inc. One Mutual Avenue
This document has Important legal
2853 Executive Park Drive Frankenmuth, MI 48787-0001 consequences.Consultation with
Weston, FL 33331 Mailing Address for Notices an attorney is encouraged with
One Mutual Avenue respect to its completion or
modification.
OWNER: Frankenmuth, MI 48787-0001 Any singular reference to
(Name,legal status and address) Contractor,Surety,Owner or
City of Okeechobee other party shall be considered
plural where applicable.
55 SE 3rd Avenue
Okeechobee,FL 34974
CONSTRUCTION CONTRACT
Date: August 15,2023
Amount:$ One Hundred Fifty-nine Thousand&00/100($159,000.00)
Description:
(Name and location)
PW 05-11-07-23, City of Okeechobee 2023 Sidewalk Improvements
BOND
Date: September 14,2023
(Not earlier than Construction Contract Date)
Amount:$ One Hundred Fifty-nine Thousand&00/100($159,000.00)
Modifications to this Bond: in None Sec Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Carpal- Seal)
American Design Engineering Frankenmuth Insurance Com any
Construction In ��
Signature: �'/(/ Signature:
Name Seven 6SO;nte l Name Jonathan A. Bursevich
and'l'itie: V 19 and Title: Attorney-in-Fact
(Any additional signatures appear on the last page of this Pem ormance Bond)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Alter Surety Group, Inc. (Architect,Engineer or other party:)
5979 NW 151st Street,Suite 202
Miami Lakes, FL 33014
305-517-3803
S-1852/AS 8/10
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of
the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt
of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors;
§6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default;or
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is
determined,make payment to the Owner,or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the
Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
S-1852/AS 8/10
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without
duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or
failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed
performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract,and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to he
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§14.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S-1852/AS 8/10
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL. SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-1852/AS 8/10
Bond Number:SUR0007498
Document A312TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place of business)
American Design Engineering Frankenmuth Insurance Company
Construction Inc. One Mutual Avenue
This document has important legal
2853 Executive Park Drive ,Frankenmuth, MI 48787-0001 consequences.Consultation with
Weston, FL 33331 Mailing Address for Notices an attorney Is encouraged with
One Mutual Avenue respect to its completion or
modification.
OWNER: Frankenmuth, MI 48787-0001 Any singular reference to
(Name,legal status and address) Contractor,Surety,Owner or
City of Okeechobee other party shall be considered
plural where applicable.
55 SE 3rd Avenue
Okeechobee, FL 34974
CONSTRUCTION CONTRACT
Date: August 15,2023
Amount:$ One Hundred Fifty-nine Thousand&00/100($159,000.00)
Description:
(Name and location)
PW 05-11-07-23,City of Okeechobee 2023 Sidewalk Improvements
BOND
Date: September 14,2023
(Not earlier than Construction Contract Date)
Amount:$ One Hundred Fifty-nine Thousand&00/100($159,000.00)
Modifications to this Bond: x❑ None n See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
American Design g. eering Frankenmuth Insurance Company
Construction Inc.
Signature: /-rn> ,-'% Signature:
Name S4 e./fil G.$fIh4 1 Name Jonathan . Bursevich
and Title: V p and Title: Attorney-in-Fact
(Any additional signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Alter Surety Group, Inc. (Architect,Engineer or other party:)
5979 NW 151st Street,Suite 202
Miami Lakes, FL 33014
305-517-3803
S-2149/AS 8/10
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to
pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,
subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner
has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or
performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;
and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§5.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in
Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are
undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8,The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract
and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree
that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. ,
5-2149/AS 8/10
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract.
The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the
project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph arc void
or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their
signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the
performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,
materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent
of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work
of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the
labor,materials or equipment were furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and all changes made to the agreement and the Contract Documents.
S-2149/AS 8/10
§16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§16.6 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
The provisions and limitation of section 255.05 Florida Statutes,including but not limited to the notice and time
limitations in sections 255.05(2)and 255.05(10),are incorporated in this bond by reference.
(Space is provided below for additional signatures of added parties,other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-2149/AS 8/10
FRANKENMUTH INSURANCE COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,that Frankenmuth Insurance Company(the"Company"),a corporation duly organized
and existing under the laws of the State of Michigan, having its principal office at 1 Mutual Avenue, Frankenmuth, Michigan 48787,
does hereby nominate,constitute and appoint:
Warren M. Alter, Jonathan A. Bursevich, David T. Satine, Dawn Auspitz
Their true and lawful attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal,
acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty
Insurance,provided,however,that the penal sum of any one such instrument shall not exceed the sum of:
Fifty Million and 00/100 Dollars($50,000,000)
This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of
Frankenmuth Insurance Company:
"RESOLVED, that the President, Senior Vice President or Vice President and each of them under their respective
designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile
signature, which may be attested or acknowledged by any officer of the Company,qualifying the attorney(s) named in the
given power of attorney, to execute on behalf of,and acknowledge as the act and deed of Frankenmuth Insurance Company
on all bonds,contracts and undertakings of suretyship,and to affix the corporate seal thereto."
IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate
seal hereuttto' ted this 15th day of December,2022.
;^- C �•'-. Frankenmuth Insurance Company
ti� mil Frederick A.Edmond,Jr.,
S TE • q)) President and Chief Executive Officer
CO Y OF( AW ) ss:
Sworn to before me,a Notary Public in the State of Michigan,by Frederick A. Edmond,Jr.,to me personally known to be the individual
and officer described in,and who executed the preceding instrument,deposed and said the Corporate Seal and his signatutitiF p
were affixed and subscribed to said instrument by the authority of the Company. to
4'G�.11,5
y•
'.
IN TESTIMONY WHEREOF,I have set my hand,and affixed my Official Seal this 15th day of December,2022.`O% + �x µ �
4444, X (Seal) _X�•
Susan L.Fresor ,er Notary Pu lic #
•
Saginaw County,State of Michigan Z~ ''' 44
.� `
My Commission Expires:April 3,2028 Os. �"k"
I,the undersigned,Executive Vice President of Frankenmuth Insurance Company,do hereby certify that the foregoing is a true,correct
and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and is in full force
and effect as of this date.
14th September 2023
IN WITNESS WHEREOF,I have set my hand and affixed the Seal of the Company,this .... _.-day of_-._ fit
Andrew H. Knudsen,Executive Vice President,
Chief Operating Officer and Secretary
ALL CORRESPONDENCE RELATED TO BOND VALIDATION AND/OR A CLAIM SHOULD BE DIRECTED TO
VP SURETY,701 U.S.ROUTE ONE,SUITE.1, YARMO/UTH,ME 04096
SECTION VI
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
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 Protest" document shall be in the form of a letter
stating all grounds claimed for the Protest. Failure to do so shall constitute a waiver
of all rights to seek any further remedies provided for under this Protest Procedure.
c. The City Administrator shall submit the protest statement and affidavits along with
his or her own statement and affidavits in support of the award of the formal bid to
the City Council for a final determination of the protest.
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SECTION VII
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
AGREEMENT FOR SERVICES
This AGREEMENT FOR SERVICES (hereinafter, "Agreement") is dated as of the 15th day of
August in the year 2023, between the City of Okeechobee (hereinafter "CITY") and American
Design Engineering Construction Inc. (hereinafter'CONTRACTOR"). CITY and CONTRACTOR,
in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1. SCOPE OF WORK
The work is described as follows: provide construction services needed to install various
concrete projects located within the City including:
• Removal of existing sidewalk and installation of new ADA ramps.
• Removal and replacement of existing sidewalk and/or curb and gutter.
• Installation of new sidewalk and/or curb and gutter.
Hereinafter, collectively, the "Work",
The following Exhibits are attached and are a part of this Agreement.
Exhibit A—Governing Specifications
Exhibit B— Bid Unit Price Schedule
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 (as defined
more fully herein) shall mean:
City of Okeechobee
Public Works Director
55 S.E. 3rd Avenue
Okeechobee, FL 34974
ARTICLE 3. CONTRACT TIME
3.1 This Agreement will be in force for a period of one (1) year.
3.2 Renewal:
This Agreement may be extended beyond the initial one (1) year. Each extension
period will be for an additional one (1) year and may be renewed thereafter on an
annual basis. It may be under the same or superior terms and conditions as this
bid. This shall be accomplished by mutual written agreement/acceptance between
the vendor and the City.
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ARTICLE 4. AGREEMENT PRICE
4.1 CITY shall pay CONTRACTOR for performance of the work in accordance with the
unit prices listed in Exhibit B
4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes or
adjustments in the work made in accordance with the General Conditions, based
on the unit prices indicated on the Bid form.
ARTICLE 5. MEASUREMENT AND PAYMENT
5.1 The City will not pay for any item that is not specifically set forth in the Bid Unit
Price 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 specifically set
forth as a pay item in the Bid shall be considered a subsidiary obligation of
CONTRACTOR and all costs in connection therewith shall be included.
5.3 Payment for all work done in compliance with the Contract Documents, inclusive
of furnishings all manpower, equipment, materials, and performance of all
operations relative to construction of this project, will be made under the Unit Bid
Price.
5.4 Contractor shall submit Applications for Payment 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 City's regular cycle with
payment usually made by the end of the following month. Example: Work
performed from September 1st through September 30th. The invoice is to be
received by the City no later than October 9th, 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 Agreement shall
be determined for actual measurement of the completed items, in place, ready for
service and accepted by the CITY, in accordance with the applicable method of
measurement therefore contained herein. A representative of the CONTRACTOR
shall witness all field measurements.
5.7 All estimated quantities stipulated in the Bid Form or other Contract Documents
are approximate and supplied for the sole purpose of providing Bidder with a basis
which will be used to determine the Base Bid and to obtain unit prices for approvals
of progress payments for the Work done. Actual quantities which will be ordered
by CITY may vary from those on the Bid Form(s). The CONTRACTOR'S attention
is directed to the items of work for which no unit price is set. All work shown on the
drawings as outlined in the specifications is to be completed in all respects, and
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the cost of all miscellaneous and associated work to any specific items shall be
included in the Unit Prices.
5.8 All quantities, for the submittal of payments, shall be measured and tabulated by
both the Public Works Director, or representative, and CONTRACTOR. Requests
for payment and supporting data shall be prepared by the CONTRACTOR and
given to the Public Works Director sufficiently in advance of payment date to permit
thorough checking of all quantities.
5.9 The CONTRACTOR shall furnish the Public Works Director whatever assistance
is required, laborers, clerks and records that will enable the Public Works Director
to expeditiously check all estimates and especially the final quantities of the
project.
ARTICLE 6. CONTRACTOR'S REPRESENTATIONS
In order to induce CITY to enter into this Agreement, CONTRACTOR makes the following
representations:
6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents. Work locality, weather, and with all local conditions and federal, state,
and local laws ordinances, rules, policies, and regulations that in any manner affect
cost, progress, or performance of the work.
6.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions of the site or otherwise affecting cost,
progress, or performance of the work which were relied upon by the Public Works
Director in the preparation of the Drawings and Specifications.
6.3 CONTRACTOR has made or caused to be made examinations, investigations, and
tests, and studies of such reports and related data, in addition to those referred to
in Paragraph 6.2 above as he deems necessary for the performance of the work
at the price set forth in the Contract Documents, within the time set forth in the
Contract Documents, 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
CONTRACTOR.
ARTICLE 7. EARLY TERMINATION
7.1 Should CONTRACTOR violate any provision of this Agreement, 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 Agreement upon thirty (30) days written notice to CONTRACTOR
without further liability therefore.
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ARTICLE 8. CONTRACT DOCUMENTS
The documents which comprise the entire Agreement between the CITY and the CONTRACTOR
(the "Contract Documents") 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 0 to 0,
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 the Article
herein titled "General Conditions").
ARTICLE 9. GENERAL PROVISIONS
9.1 Compliance with Laws
The Contractor, its employees, subcontractors or assigns, shall comply with all
applicable federal, state, and local laws, regulations, and requirements relating to
the performance of this Agreement.
9.2 Applicable Laws and Venue
The laws of the State of Florida shall govern all aspects of this Agreement. In the
event it is necessary for either party to initiate legal action regarding this
Agreement, venue shall be in the Nineteenth Judicial Circuit for claims under state
law and in the Southern District of Florida for any claims which are justiciable in
federal court.
9.3 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
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the State of Florida. This clause shall survive the termination of this Agreement.
Compliance with any insurance requirements required elsewhere within this
Agreement shall not relieve Contractor of its liability and obligation to defend, hold
harmless and indemnify the CITY 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 CONTRACTOR shall indemnify and hold
harmless the State of Florida, Department of Transportation (the "Department"),
including the Department's 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 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 CITY's sovereign immunity.
9.4 Waiver of Jury Trial
Each party, to the extent permitted by law, knowingly, voluntarily, and
intentionally waives its right to a trial by jury in any action or other legal
proceeding arising out of or relating to this Agreement and the transactions it
contemplates. This waiver applies to an action or legal proceeding, whether
sounding in contract, tort or otherwise.
9.5 No Discrimination
Contractor and its agents will not discriminate against any person on the grounds
of race,color,creed, national origin, handicap,age,or sex, in any activity under this
Agreement.
9.6 No Lobbying
Pursuant to Chapter 216.347, F.S., the Contractor is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the judicial
branch or another state agency.
9.7 E-Verify
CONTRACTOR has verified that its employees are authorized to work in the U.S.
and certifies that a good faith effort has been made to properly identify employees
by timely reviewing and completing appropriate documentation, including but not
limited to the Department of Homeland Security, U.S. Citizenship, and
Immigration Services Form 1-9. Answers to questions regarding E-Verify as well
as instructions on enrollment may be found at the E-Verify website:
www.uscis.gov/e-verify. CONTRACTOR shall expressly require any
subcontractors performing work or providing services pursuant to this contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the subcontractor
during the contract term.
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9.8 Contractor's Duties Regarding Public Records
A. Compliance with Florida Laws
Contractor must provide public access to all records concerning this
Agreement according to applicable Florida laws including Chapter
119, Florida Statutes. If Contractor asserts any exemptions to Florida's
public records laws, Contractor has the burden of establishing and
defending the exemption. Contractor's failure to comply with this section
is a breach of this Agreement. 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(�CITYOFOKEECHOBEE.COM, AND
MAILING ADDRESS: 55 SE THIRD AVE, OKEECHOBEE
FL, 34974.
9.9 No Third-Party Beneficiaries
This Agreement 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 Agreement 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 Agreement 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 Agreement 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 Agreement is for any reason invalid or unenforceable, the rest
of the Agreement remains fully valid and enforceable.
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9.13 Entire Agreement
This Agreement constitutes the entire agreement between the parties and
supersedes all prior and contemporaneous agreement, representations, and
undertaking. No supplement, modification, or amendment of this agreement will
be binding unless it is in writing and signed by both parties.
9.14 Interpretation
Unless the context requires otherwise: The term "including" contemplates
"including but not limited to."
9.15 Survival
All provisions of this Agreement which by their terms bind either party after the
expiration or termination of this Agreement shall survive the expiration or
termination of this Agreement.
9.16 Force Majeure
Notwithstanding any provisions of this Agreement to the contrary, the Parties shall
not be held liable for any failure or delay in the performance of this
Agreement that arises from fires,floods, strikes, embargoes, acts of the public
enemy, unusually severe weather, outbreak of war, restraint of Government, riots,
civil commotion, force majeure, act of God, or for any other cause of the same
character which is unavoidable through the exercise of due care and beyond
the control of the Parties. Failure to perform shall be excused during the
continuance or as a result of such circumstances, but this Agreement shall
otherwise remain in effect.
This provision shall not apply if the "Statement of Work" of this Agreement specifies
that performance 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(3)(a), a person or affiliate who has been
placed on the convicted vendor list following a conviction for a Public Entity Crime
may not submit a Bid on a contract with a Public Entity for the construction or
repair of a public building or a public work, may not submit Bids on leases of real
property to a Public Entity, may not be awarded or perform work as a Contractor,
supplier, Subcontractor, or consultant under a contract with any Public Entity, and
may not transact business with any Public Entity in excess of the threshold
amount provided in F.S. 287.017 for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list. Any person
must notify the City within thirty (30) days after a conviction of a Public Entity
crime applicable to that person or to an affiliate of that person.
ARTICLE 10. PUNCHLIST PROCEDURES
Pursuant 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
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purchased as defined in the Agreement, 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 Agreement, again
predicated upon the CONTRACTOR'S timely initiation of a request for the IW. At
its option, CITY may conduct the IW with its Field Inspector.
10.2 CONTRACTOR shall endeavor to address and complete as many items as
possible noted on the Checklist either during the IW itself, or thereafter for a period
of fifteen (15) days from the date of the IW.
10.3 No later than fifteen (15) days following the scheduled IW, CONTRACTOR shall
again initiate and request a second walkthrough of the Project with the CITY. The
purpose of this second walkthrough is to identify which items remain to be
performed from the IW Checklist and to supplement that list as necessary (based,
for example, upon work which may have been damaged as a result of the
CONTRACTOR'S performance of completion of items contained on the IW
Checklist) and for the purpose of developing a joint Final Punchlist.
10.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to
develop a Final Punchlist to be completed no later than five (5) days from the date
of reaching Substantial Completion of the construction services purchase as
defined in the Agreement.
10.5 In no event may the CONTRACTOR request payment of final retainage under
Florida Statutes §218.735(7)(d) until the CONTRACTOR considers the Final
Punch list to be one hundred percent (100%) complete.
10.6 CONTRACTOR agrees to complete the Final Punchlist items within fifteen (15)
days of the date of its issuance by the CITY.
10.7 CONTRACTOR acknowledges and agrees that no item contained on the Final
Punchlist shall be considered a warranty item until such time as (a)the Final Punch
list is one hundred percent (100%) complete, and (b) the CITY has been able to
operate or utilize the affected Punchlist item for an additional period of fifteen (15)
days.
10.9 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.
10.10 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.
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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 JO-i41
CITY CONTRACTOR
By: , .�� ByJ,/1JJj
� b4riQ�
g R. Watford, J ayor �1 r I
Name: :�Je 'e,' G SPita(
Attest: Q) 'l '6 1fa / Title: V P
Lane Gamiotea, CMC, City Clerk
Attest:AG21 474(
Title:
Corporate Seal
Addresses for giving notices:
CITY CONTRACTOR City of Okeechobee Inc..Anlevilun esy Ln 7nrFr;n l.nn
oni}ro:�tr�n
55 SE 3rd Avenue L200 minev (e 11 ku.' SuAe)co
Okeechobee, FL 34974 We.Oon, I 333-
Florida State Contractors License No
Approv d as to form and legality for the use and reliance of the City of Okeechobee only.
hn J. Fumero, City
Nason Yeager Gerson rris & Fumero, P.A.
City of Okeechobee Project No. PW O5-11-07-23
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EXHIBIT A
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
GOVERNING SPECIFICATIONS
1.0 ADA Ramp Installation
The scope of this item of the contract is to install seven (7) ADA sidewalk curb ramps
on SW Park Street in the downtown area of Okeechobee. Minimizing impact to the
existing business owners and customers is of highest priority. The maximum
allowable time for removal, forming and pouring any single ramp located adjacent to
businesses located on the South side of South Park Street is three (3) calendar days.
The contractor is responsible for providing appropriate barricades, signage and other
traffic control devices to assure pedestrian safety always.
All curb ramps will be installed per FDOT indexes 300 - Curb & Curb and Gutter, and
304 — Detectable Warnings and Sidewalk Curb Ramps. Concrete shall be 3,000 PSI
with fiber of other appropriate reinforcement material. Detectable warning mat color
shall be brick red.
The locations of the new ramps are as follows:
Number Location Ramp
Type
1 200 block of SW Park St, midblock North side C
2 200 block SW Park St, SW corner of Park 2 L
3 300 block of SW Park St, midblock Northside C
4 300 block of SW Park St, SE corner of Park 3 L
5 300 block of SW Park St, SW corner of Park 3 L
6 400 block of SW Park St, midblock North side C
7 400 block of SW Park St, SE corner of Park 4 L
City of Okeechobee Project No. PW 05-11-07-23
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SECTION VIII
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
MISCELLANEOUS
A. No Lobbying: All respondents are hereby placed on notice that any communication,
whether written or oral,with City of Okeechobee elected officials or any City staff or outside
Individuals working with the City in respect to this request (with the exception of the
General Services personnel designated to receive requests for interpretation or
corrections or technical questions), is prohibited. These persons shall not be lobbied,
either individually or collectively, regarding any request for Bid, qualifications and/or any
other solicitations released by the City. To do so is grounds for immediate
disqualification from the selection process. All respondents must submit the attached
No Lobbying Affidavit with their submittal stating that they and their Subcontractor, sub-
consultants and agents agree to abide by the no lobbying restrictions in order to be
considered for this request.Any respondent that does not submit the required No Lobbying
Affidavit will be automatically disqualified from further consideration.
NOTE: For respondents' convenience, this certification form is attached and made a part
of the procurement package. See Attachment A
B. Collusion, Gratuities and Kickbacks: It shall be unethical for any respondent to collude
with any other respondent or offer, give or agree to give any City Council member, City
employee or City representative (including selection committee members) a gift, gratuity
or an offer of employment in connection with any decision, approval, disapproval,
recommendation or preparation of any part of the procurement process.
NOTE: For respondents' convenience, this certification form is attached and made a part
of the procurement package. See Attachment B
C. Modifications: The City reserves the right to modify, alter or change the scope or other
aspects of this solicitation.
D. Level Playing Field: The contents of this solicitation are intended to provide a level
playing field on which Firms or Individuals may base their responses.
E. Public Entity Crime Affidavit:As required by Florida Statute 287.133(3)(a), a person or
affiliate who has been placed on the convicted vendor list following a conviction for a Public
Entity Crime may not submit a Bid on a contract with a Public Entity for the construction
or repair of a public building or a public work, may not submit Bids on leases of real
property to a Public Entity, may not be awarded or perform work as a Contractor, supplier,
Subcontractor, or consultant under a contract with any Public Entity, and may not transact
business with any Public Entity in excess of the threshold amount provided in F.S. 287.017
for Category Two for a period of thirty-six (36) months from the date of being placed on
the convicted vendor list. Any person must notify the City within thirty (30) days after a
conviction of a Public Entity crime applicable to that person or to an affiliate of that person.
NOTE: For respondents' convenience, this certification form is attached and made a part
of the procurement package. See Attachment D
City of Okeechobee Project No. PW 05-11-07-23
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F. Conflict of Interest:The award hereunder is subject to the provisions of Chapter
112, Florida Statutes. All respondents must disclose with their submission the name of
any officer, director, employee or agent who is also a public officer, employee or an agent
of the City of Okeechobee City Council, or any of its agencies.
Furthermore, all respondents must disclose the name of any City officer, employee or
agent who owns, directly or indirectly, an interest of five percent (5 %) or more in the Firm
or any of its parent companies or subsidiaries.
NOTE: For respondents' convenience, this certification form is attached and made a part
of the procurement package. See Attachment E
G. Immigration Laws:Respondents must comply with all applicable immigration laws in their
employment practices.
NOTE: For respondents' convenience, this certification form is attached and made a part
of the procurement package. See Attachment F
H. Tie Bids: Preference shall be given to businesses with drug-free workplace programs.
Whenever two or more bids which are equal with respect to quality and service are
received by the City for the procurement of commodities or contractual services, a bid
received from a business that certifies that it has implemented a drug-free workplace
program shall be given preference in the award process.
Established procedures for processing tie bids will be followed if none of the tied vendors
has a drug-free workplace program.
City of Okeechobee Project No. PW 05-11-07-23
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EXHIBIT A
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
GOVERNING SPECIFICATIONS
1.0 ADA Ramp Installation
The scope of this item of the contract is to install seven (7)ADA sidewalk curb ramps
on SW Park Street in the downtown area of Okeechobee. Minimizing impact to the
existing business owners and customers is of highest priority. The maximum
allowable time for removal, forming and pouring any single ramp located adjacent to
businesses located on the South side of South Park Street is three (3) calendar days.
The contractor is responsible for providing appropriate barricades, signage and other
traffic control devices to assure pedestrian safety always.
All curb ramps will be installed per FDOT indexes 300 - Curb & Curb and Gutter, and
304 — Detectable Warnings and Sidewalk Curb Ramps. Concrete shall be 3,000 PSI
with fiber of other appropriate reinforcement material. Detectable warning mat color
shall be brick red.
The locations of the new ramps are as follows:
Number Location Ramp
Type
1 200 block of SW Park St, midblock North side C
2 200 block SW Park St, SW corner of Park 2 L
3 300 block of SW Park St, midblock Northside C
4 300 block of SW Park St, SE corner of Park 3 L
5 300 block of SW Park St, SW corner of Park 3 L
6 400 block of SW Park St, midblock North side C
7 400 block of SW Park St, SE corner of Park 4 L
City of Okeechobee Project No. PW 05-11-07-23
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City of Okeechobee Project No. PW 05-11-07-23
Public Works Department
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City of Okeechobee Project No. PW 05-11-07-23
Public Works Department
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City of Okeechobee Project No. PW 05-11-07-23
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2.0 Sidewalk and curbs
Sidewalks and curbs will be installed in accordance with FDOT Standard
Specifications for Road and Bridge Construction FY2023-24, section 522
concrete sidewalks and driveways, and FDOT indexes 520-001 Curb and Gutter,
and 522-001 Concrete Sidewalk.
City of Okeechobee Project No. PW 05-11-07-23
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EXHIBIT B
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
BID UNIT PRICE SCHEDULE
ITEM UNIT
NO. DESCRIPTION MEASURE EST.QTY. UNIT PRICE AMOUNT
REMOVE EXISTING SIDEWALK AND INSTALL NEW
ADA CURB RAMP CR-C PER FDOT INDEXES 300
CURB&CURB AND GUTTER,AND 304 DETECTABLE
WARNINGS AND SIDEWALK CURB RAMPS. $7,150.00 $21,450.00
1 CONCRETE SHALL BE 3,000 PSI WITH FIBER OF EA 3
OTHER APPROPRIATE REINFORCEMENT MATERIAL.
DETECTABLE WARNING MAT COLOR SHALL BE
BRICK RED.
REMOVE EXISTING SIDEWALK AND INSTALL NEW
ADA CURB RAMP CR-L PER FDOT INDEXES 300 CURB
&CURB AND GUTTER,AND 304 DETECTABLE
WARNINGS AND SIDEWALK CURB RAMPS.
2 CONCRETE SHALL BE 3,000 PSI WITH FIBER OF EA 4 $7,150.00 $28,600.00
OTHER APPROPRIATE REINFORCEMENT MATERIAL.
DETECTABLE WARNING MAT COLOR SHALL BE
BRICK RED.
REMOVE AND REPLACE EXISTING 4-INCH THICK,
3 FIVE(5)FOOT WIDE CONCRETE SIDEWALK.TEN(10) LF 650 $50.00 $32,500.00
YARD TOTAL.
REMOVE AND REPLACE EXISTING 4-INCH THICK
4 FIVE-FOOT-WIDE CONCRETE SIDEWALK.LESS THAN LF 100 $70.00 $7,000.00
TEN(10)YARD TOTAL
REMOVE EXISTING 4-INCH THICK FIVE(5)FOOT
WIDE CONCRETE SIDEWALK,REPLACE WITH 6-INCH LF 750 $50.00 $37,500.00
THICK CONCRETE SIDEWALK.TEN(10)YARD TOTAL
REMOVE AND REPLACE EXISTING CONCRETE"F"
5 CURB.TEN(10)YARD TOTAL LF 100 $40.00 $4,000.00
REMOVE AND REPLACE EXISTING CONCRETE"F"
6 CURB.LESS THAN TEN(10)YARD TOTAL LF 100 $60.00 $6,000.00
INSTALL NEW CONCRETE"F"CURB.TEN(10)YARD
7 OR GREATER TOTAL IF 100 $35.00 $3,500.00
8 INSTALL NEW CONCRETE"F"CURB.LESS THAN TEN LF 50 $60.00 $3,000.00
(10)YARD TOTAL
9 INSTALL NEW CONCRETE"D"CURB.TEN(10)YARD LF 100 $35.00 $3,500.00
OR GREATER TOTAL
10 INSTALL NEW CONCRETE"D"CURB. LESS THAN LF 100 $65.00 $6,500.00
TEN(10)YARD TOTAL
it INSTALL NEW 4-INCH-THICK CONCRETE SLAB SQUARE 100 $25.00 $2,500.00
FOOT
12 INSTALL NEW 6-INCH-THICK CONCRETE SLAB SQUARE 100 $30.00 $3,000.00
FOOT
TOTAL BID AMOUNT $159,050.00
(Based on Bid Unit Prices&Estimated Quantities)
City of Okeechobee Project No. PW 05-11-07-23
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Bidders Company Name American Design Engineering Construction 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 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: American Design Engineering Construction Inc Date: 7/25/2023
(Company Name)
By: 5t (3 Ci Title: VP
( ignature)
Yainier Steven Espinal Email: steven.espinal@adeconstructioninc.com
(Printed Name)
Mailing Address: 2200 N Commerce Parkway Suite 200 Weston Fl 33326
Office Number: 954 740 7777 Fax Number:
City of Okeechobee Project No. PW 05-11-07-23
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ATTACHMENT A
PW 05-111-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
NO LOBBYING AFFIDAVIT
STATE OF FLORIDA
COUNTY OF Broward
This 26 day of July , 20 23 , Yainier Steven Espinal being first duly sworn,
deposes and says that he/she is the authorized representative of
American Design Engineering Construction 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 ity of
Okeechobee no lobbying restrictions in regard to this solicitation.
Affiant
The foregoing instrument was acknowledged before me by means of V physical presence or L
online notarization, this 26 day of July , 20 23 , by Yainier Steven Espinal who is
personally known to me or produced Driver License s identification.
Notary P b nature
�N �-(SY A �. Commission 1�1o. 7•�/d/. -
� �'•NOT• Gcc,• /
m —
( NiDeceoniber xPires: rn
•
i��•.A0y�13232:
�•• ........... . '•Q
City of Okeechobee Project No. PW 05-11-07-23
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ATTACHMENT B
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
ANTI-COLLUSION STATEMENT AND NO GIFT STATEMENT
Date: July 26, 2023
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: American Design Engineering Construction Inc
By (printed/typed): Yainier Steven Espinal
By (signature): ��
Title: VP
Mailing Address: 2200 N Commerce Parkway Suite 200
City, State, Zip: Weston Fl 33326
Telephone No.: 954 740 7777
City of Okeechobee Project No. PW 05-11-07-23
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ATTACHMENT C
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
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 # 0 Date: Addendum # Date:
Addendum # Date: Addendum # Date:
Addendum # Date: Addendum # Date:
I hereby propose to provide the services requested in the City's BID/RFP/RFQ and, if awarded,
to enter into the attached draft contract. I agree that the terms and conditions of the City's
BID/RFP/RFQ shall take precedence over any conflicting terms and conditions submitted with my
proposal and agree to abide by all conditions of the BID/RFP/RFQ, unless a properly completed
Exceptions to BID/RFP/RFQ form is submitted. I acknowledge that the City may not accept the
proposal due to any exceptions.
I certify that all information contained in my proposal is truthful to the best of my knowledge and
belief. I further certify that I am duly authorized to submit this proposal on behalf of the Company
as its agent and that the Company is ready, willing and able to perform if awarded a contract.
1 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.
American Desi n Engineering Construction Inc 2200 N Commerce Parkway Suite 200
Name of Business Mailing Address
Weston Fl 33326
City, State & Zip Code
) 4 ; 954 740 7777
Authorized Signature Telephone Number/Fax Number
Yainier Steven Espinal VP steven.espinal(adeconstructioninc.com
Name & Title, Typed Email Address
STATE OF FLORIDA
COUNTY OF Broward
The foregoing instrument was acknowledged before me by means of iu'physical presence or
online notarization, this 26 day of July , 20 23, by Yainier Steven Espinal , who
is personally known to me or\p` �Cpal AB ,Qn� ver License 7 as identification.
.. .. U��s
=�.�pTARr'•., ,y(<\ Notary u is Sig tore
MY Comm.Expires; _ _ -7/ 3:December 13,2024: Commis ion No.
City of Okeechobee ", T ••�•. •' O �‘``
y �,�� ' O ����` Project No. PW 05-11-07-23
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ATTACHMENT D
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC
OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to CITY OF OKEECHOBEE, FLORIDA by:
Yainier Steven Espinal VP (print Individual's name and title) for:
American Design Engineering Construction Inc
(print name of entity submitting sworn statement) whose business address is
2200 N Commerce Parkway Suite 200 Weston Fl 33326 and (if
applicable) its Federal Employer Identification Number (FEIN) is: 26-0713097
(If the entity has no FEIN, include the Social Security Number of the Individual signing this
sworn statement: - - -)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including but not limited to,
any Bid or contract for goods or services to be provided to any public entity or an agency
or political subdivision of any other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,
non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market
value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity crime in Florida during the preceding
36 months shall be considered an affiliate.
City of Okeechobee Proiect No. PW 05-11-07-23
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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).
V Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted
of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent
proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the final Order entered by the Hearing Officer determined that it was not in
the public interest to place the entity submitting this sworn statement on the convicted
vendor list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF
THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY T Q OF ANY CHANGE I THE INFORMATION CONTAINED IN THIS FORM.
Signature. l it7?,�/!
1,.
STATE OF FLORIDA
COUNTY OF Broward
The foregoing instrument was acknowledged before me by means of('✓physical presence or,
online notarization, this 26 day of July , 20 23, by Yai . LSte en spinal , who
is personally known to me or produced Driver License )as identification.
``a�,...!. AL ",,
%.- x/• ............F,p'-, Notary u is Sig ature
z. Y ,2
:My Comm.Expires: - Commission No. . If "27 3 23
•U=c('rrher 13,2(:!2.,:
,,.HH 71322'
City of Okeechobee ',,,� OF ±°.0N% Proiect No. PW 05-11-07-23
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ATTACHMENT E
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
CONFLICT OF INTEREST DISCLOSURE FORM
For purposes of determining any possible conflict of interest, all Bidders must disclose if any City
of Okeechobee employee(s), elected official(s), or any of its agents is also an owner, corporate
officer, director, agent, employee, etc., of their business.
Indicate either"yes" (a City employee, elected official or agent is associated with your business),
or "no". If yes, give person(s) name(s) and position(s) with your business.
YES NO X
Name(s) Position(s)
Firm Name: American Design Engineering Construction Inc
By (Printed): Yainier Steven Espinal
By (Signature): c (�
Title: VP
Address: 2200 N Commerce Parkway Suite 200 Weston Fl 33326
Phone Number: 954 740 7777
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department
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ATTACHMENT F
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
IMMIGRATION LAW CERTIFICATION
City of Okeechobee will not intentionally award City contracts to any Contractor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324 a(e) (Section 274a(e) of the immigration and nationality act
("INA")).
City of Okeechobee may consider the employment by any Contractor of unauthorized aliens a
violation of Section 274A(e) of the INA. Such violation by the recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
the contract by City of Okeechobee.
Respondent attests that it is fully compliant with all applicable immigration laws, specifically
relating to the 1986 immigration act and subsequent amendments.
American Design Engine ` g Construction Inc
Comply)Name
./
Signature
VP
Title
July 26, 2023
Date
STATE OF FLORIDA
COUNTY OF Broward
The foregoing instrument was acknowledged before me by means of Vphysical presence or
online notarization, this 26 day of July , 20 23, by Yainier Ste n Espinal , who
is personally known to me or produced Driver License as ntification.
``‘ollititiii, Notary Public S. natur
1.ARy••.92'; Commission o. f�f� -?/3 2-j
)�;•My Comm.Expires..
;December 13,2024;
• No.HH71323•
OF cc'
F
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department
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ATTACHMENT G
PW 05-11-07-23
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
DRUG-FREE WORKPLACE CERTIFICATION
THE BELOW SIGNED Bidder/proposer CERTIFIES that it has implemented a drug-free
workplace program. In order to have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violation of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under quote a copy of the statement specified in subsection 1.
4. In the statement specified in subsection 1, notify the employees that, as a condition of
working on the commodities or contractual services that are under quote, the employee
will abide by the terms of the statement and will notify the employer of any conviction or
plea of guilty or nolo contendere to any violation occurring in the workplace no later than
five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance
or rehabilitation program if such is available in the employee's community, by an employee
who is convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign this statement, I certify that this Firm complies fully with the
above requirements.
Signature: c -e � Date: July 26, 2023
Company: American Design Engineering Construction Inc Name: Yainier Steven Espinal
Address: 2200 N Commerce Parkway Suite 200 Title: VP
Weston Fl 33326 Phone Number: 954 740 7777
City of Okeechobee Project No. PW 05-11-07-23
Public Works Department
51
1
ATTACHMENT H
CITY OF OKEECHOBEE
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
PW 05-11-07-23
REFERENCE FORM
Client Name: City of Auburndale, Fl
Client Phone Number: Steve Lawson 863 618 6207
Client E-mail: SLawson(a auburndalefl.com
Service Dates: Beginning 2018 End 2018
Estimated Annual Contract Amount: $164,000.00
Description of the services performed as they directly relate to the work of this Reques
for Bid:
Grading, Sidewalk Improvement
City of Okeechobee Project No. PW 05-11-07-2_'
Public Works Deoartmen.-
5L
ATTACHMENT H
CITY OF OKEECHOBEE
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
PW 05-11-07-23
REFERENCE FORM
Client Name: FDOT Central OfficeT1791
Client Phone Number: Tracy Fluke 863 581 0024
Client E-mail: Tracy.Fluke@dot.state.fl.us
Service Dates: Beginning 2021 End 2021
Estimated Annual Contract Amount: $600,000.00
Description of the services performed as they directly relate to the work of this Reaues
for Bid:
Grading, Sidewalk Improvement, Pipe & Structures, Flexible Paving, Pavement
Markings, Sign Installation, Sod
City of Okeechobee Project No. PW 05-11-07-2_'
Public Works Departmem
51
,
ATTACHMENT H
CITY OF OKEECHOBEE
CITY OF OKEECHOBEE 2023 SIDEWALK IMPROVEMENTS
PW 05-11-07-23
REFERENCE FORM
Client Name: City of Miramar
Client Phone Number: Leah DeRiel 305 219 4035
Client E-mail: _ Ideriel@miramarfl.gov
Service Dates: Beginning 2022 End 2022
Estimated Annual Contract Amount: $190,000.00
Description of the services performed as they directly relate to the work of this Reaues
for Bid:
Grading, Sidewalk Improvement, Pipe & Structures, Flexible Paving, Pavement
Markings, Sign Installation, Sod
City of Okeechobee Project No. PW 05-11-07
Public Works Deoartmen-.
3 1_
FDD• -
T
Florida Department of Transportation
RON DI_SANTIS 605 Suwannee Street JARED W.PERDUE,P.E.
GOVERNOR Tallahassee, FL 32399-0450 SECRETARY
May 17,2023
AMERICAN DESIGN ENGINEERING CONSTRUCTION INC.
2200 NORTH COMMERCE PARKWAY
WESTON, FLORIDA 33326
RE: CERTIFICATE OF QUALIFICATION
The Department of Transportation has qualified your company for the type of work indicated
below.
FDOT APPROVED WORK CLASSES:
DRAINAGE, FLEXIBLE PAVING, GRADING, GRASSING, SEEDING AND SODDING, PAVEMENT MARKING,
ROADWAY SIGNING, SIDEWALK, Curb & Gutter, Driveways, Retaining wall, Tree Removal.
Unless notified otherwise, this Certificate of Qualification will expire 6/30/2024.
In accordance with Section 337.14(4) , Florida Statutes, changes to Ability Factor or Maximum
Capacity Rating will not take effect until after the expiration of the current certificate
of prequalification (if applicable) .
In accordance with Section 337.14 (1) , Florida Statutes, an application for qualification
must be filed within (4) months of the ending date of the applicant's audited annual financial
statements.
If the company's maximum capacity has been revised, it may be accessed by logging into the
Contractor Prequalification Application System via the following link:
HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification
Once logged in, select "View" for the most recently approved application, and then click
the "Manage" and "Application Summary" tabs.
The company 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 the 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 the company has performed such work.
All prequalified contractors are required by Section 14-22.006(3), E.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,
9,a41/4.4.- 6%7/6,-2 WW
James E. Taylor II, Prequalification Supervisor
Contracts Administration Office
JTII:cg
Improve Safety, Enhance Mobility, Inspire Innovation
www.fdot.gov
GENERAL NOTES:
1. For curb, gutter and curb & gutter provide 'I' - '/4' contraction
joints at 10' centers (max.). Contraction joints adjacent to concrete
pavement on tangents and flat curves are to match the pavement
joints, with intermediate joints not to exceed 10' centers.
2. Locate expansion joints for curb, gutter and curb & gutter
in accordance with Specification 520.
TYPE A TYPE E
TABLE OF CONTENTS:
Sheet Description
1 General Notes and Contents
2 Concrete Curb and Gutter
3 Curb and Gutter Joints and Endings, Concrete
Bumper Guard, and Asphaltic Concrete Curb
TYPE F SHOULDER GUTTER
TYPE A, TYPE E, TYPE F, AND SHOULDER GUTTER
(Other Types Similar)
z
CONCRETE BUMPER GUARD --
N
O
LAST DESCRIPTION:
FDOTO FY 2023-24 CURB AND GUTTER
INDEX SHEET
�,REVISION 11/01/21 STANDARD PLANS 520-001 1 of 3
_ 1'-4" 1'-6" 9"
7" 9" i Future Curb and Gutter Construction
-
, 20' R or As Shown in Plans // /
'en Q- See Note 2 M Q ,
jr ._ 1 I 19
Joint Seal 9 r �� 4'c° "' 9 r 40 "Au Viz" Expansion Joint G / Al
��a 9 Z 0 9
2..,
C I A 1' 2„
- j Same Slope as Adjacent Pavement I 2'-3" j B
ii
Concrete %z' Joint and Preformed
Pavement Joint Filler (See Note 1) TYPE E Curb and Gutter Valley Gutter -
NOTE:For use adjacent to concrete or flexible
pavement, concrete shown (See Note 4). 1'-6" I 6" PLAN VIEW
TYPE A 1-2" 1'-1o"
g �, 1
1 See Note 2 .1)-, 9 See Note 2
a c u J 6�' Zz y9 .
M H o 9 \' COQ, b
Joint Seal
r ,, 3\° -
1 9 ^ Ov
9 1
31° 8"
F 3'-0"
" -
Concrete - 2 0 SECTION A-A
Pavement TYPE F
1'-2" 1'-10" 1'-6" I 6" 1
%i" Joint and 9" Truck Apron
Preformed Circulating Surface
Joint Filler Roadway Specified pecif
(See Note 1) Pavement N p, '_ in the Plans r (SeeNote2 .A-9
NOTE:For use adjacent to concrete or — \p a -.1_ o
flexible pavement, concrete shown. 9 0 o -p
TYPE B -P
Q, See Note 3---,(f ^ io `O
8" •l 8"
6 I I 5-0
F Y-3 i
NOTE:Traffic Bearing Sections for use in SECTION B-B
Roundabout Central Island Construction.
`o TYPE RA r-2" 1-10" I 6"
Joint Seal
1'-2 10' 1,
P See Note 2 Slope to Fit
3�a co Driveway See e Concrete ,
PavementLn < NOt2
\p
2/2" Joint and N e ix) n e v,
Preformed _ 1 1
Joint Filler
8"
(See Note 1) Ir 2'_0" 3-6"
r
NOTE:For use adjacent to concrete or _, DROP CURB
flexible pavement, concrete shown. SECTION C-C
TYPE D Face of Single-Slope Concrete Barrier VALLEY GUTTER
NOTES: 1'-0"
Match Slope of
1. For Type A, Type B, and Type D Curb: Adjacent Pavt. r Shoulder Earth
Expansion joint, preformed joint filler and joint seal are required
J Joint Seal Pavement I 2-0" I 6" 1'-0" Berm
between curbs and concrete pavement only, see Sheet 3.
>a, ,
2. For Type E, Type F, Drop Curb, and Valley Gutter: ,,r ;�
When used on high side of roadways, match the cross slope of the tm 9
Flexible Pavt. is Sin le-Sloe ��°
o gutter to the cross slope of the adjacent pavement. The thickness and Base m� 1 Toll Concrete Barrier Standard Shoulder Line n.
u of the lip is 6", unless otherwise shown on Plans. Z Header
3. For Type RA, rotate entire section so that gutter cross slope matches Curb
slope of adjacent circulating roadway pavement. %' Joint and Preformed Joint Filler 3'-6
' 4. For details depicting usage of Type A Curb adjacent to flexible NOTE:See the toll site details for conduit requirements. SHOULDER GUTTER
Z pavement see Sheet 3.
TOLL HEADER CURB = CONCRETE CURB AND GUTTER
LAST Z DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION �, FDOT CURB AND GUTTER
11/01/21 t., �r-- STANDARD PLANS 520-001 2 of 3
1
I
Depth of Sawcut Depth of Sawcut
31/2" Min. 3/2" Min.-\
Depth of Sawcut — /, /, / Depth of Sawcut Depth of Sawcut
3�/2" Min. 1_ j / P P
' Depth of Sawcut 21/2" Min.
3/z Max.
/ 3�/1' Max.
5" Max. /�/ /f/ /fl ��� 0" Min. /���%/1�/// ��� 0 Mini/ /
0 Min. ��� � �G 7
- S„ Max.I /I'//M///�/�l/�/��`�� 1
0" Min.
TYPE A TYPE B TYPE D TYPE E TYPE F SHOULDER GUTTER
NOTE: Sawcuts should be avoided within valley gutter and within curb and gutter endings.
CONTRACTION JOINTS IN CURB CONTRACTION JOINTS IN CURB & GUTTER
Joint Seal (See Note)
Concrete Pavement
8-6" 6-_0- 3 O" Trans. v 13
1 End of Curb . 3-0" Trans. 1
o I End of Curb co
Exp. Joint and Preformed
o F, +1 1/2” Joint Filler(See Note)
73
+i o Concrete Gutter
b
Ni
NOTE:Joint Seal application applies to both high
and low sides of pavement, low side shown.
Edge of Pavement Edge of Pavement Edge of Pavement k-Edge of Pavement
PLAN PLAN PLAN PLAN EXPANSION JOINT BETWEEN
GUTTER AND CONCRETE PAVEMENT
3-0" Trans.
5'-6" 3'-0" Trans. 3-0" Trans. r 3'-0" 3'-0" Trans.
Top of Curb Top of Curb Top of Curb I Top of Curb See Note 1 Slope Varies
Gutter-" Gu� / Gutter Gutter
ELEVATION ELEVATION ELEVATION ELEVATION Illrareff‘ff
Flexible Pavement
FLARED END STRAIGHT END FLARED END STRAIGHT END See Note 2
I%z' F---
CURB TYPE A CURB AND GUTTER TYPE E AND TYPE F
NOTES:
NOTE: Ends of Type B and D Curb transition from full to zero heights in 3 ft.
1. Surface on Low Side of Pavement to be /4' Above Lip of Gutter.
CURB AND CURB & GUTTER ENDINGS Surface on High Side to be Flush With Lip of Curb or Curb & Gutter.
2. Applies to both high and low sides of pavement, low side shown.
Applies to shoulder gutter only where adjoining traffic lanes.
6'-0"
4" Min., 5" Max. CURB AND GUTTER AND TYPE A CURB
5/a" or Max.Holes 1' 0" +(Typ.) 1 s " 3" 2" Mini•� F ADJACENT TO FLEXIBLE PAVEMENT
/a or /a Hole (Typ.)
1 I f II
3" x.
2" Min. I I g Z II II
III � it
�-o 'n I I II 2"(Typ.) 5„
____H
1 __.2
Pitch Optional
R=2": Cast
9" Max. 4? R=2": Cast H
or Rubbed
8" Min. or Rubbed (Typ.)
.------ #4 Bars (Typ.)
(Two Per Guard) n
3—_O
o
I 9"
g`i
CONCRETE BUMPER GUARD ASPHALTIC CONCRETE CURB
N
N
O
N
CURB AND GUTTER JOINTS AND ENDINGS, CONCRETE BUMPER GUARD, AND ASPHALTIC CONCRETE CURB
LAST ZO' DESCRIPTION: FY 2023-24 INDEX . SHEET
REVISION ; FDOT CURB AND GUTTER
11/01/21 ter--- STANDARD PLANS 520-001 3 of 3
GENERAL NOTES: 1 1
A
1. Construct sidewalks in accordance with Specification 522. Use 6" concrete for Sidewalks and PT
Curb Ramps Located within Curb Returns (See Plan View). Install all other concrete with Back of Sidewalk Variations /
thickness as shown, unless otherwise detailed in the Plans.
See Index 522-002 For Joints
2. Include detectable warnings on sidewalk curb ramps in accordance with Index 522-002.
A (Signal Pole or Controller Base. Ex.)— )
3. For Driveways see Index 522-003. A (Utility Pole, Ex.)
4. Bond breaker material can be any impermeable coated or sheet membrane or preformed material A\ A A ILI
A / A
having a thickness of not less than 6 mils and not more than Ie. -
y Driveway or Side Road
5. Construct sidewalks with Edge Beam through the limits of any surface mounted Pedestrian/Bicycle i,,/' _ •.1 .Driveway - . . / .-/ C // / :,. • i (Full Return Shown)
Railing or Pipe Guiderail shown in the plans. (See RAILING DETAIL) \ f -- —
A AJ A PT
Curb or Curb And Gutter J Drainage Inlet
PLAN
ABCBCBCBCBA SIDEWALK WITH UTILITY STRIP
le 5' 5' 5' S' 5' titi 5' 5' 5' 5'
l�elMIE.fr-v-Tm71---1
_____-- LEGEND:
Return Curb 14" Thick Sidewalk 1
1 6" Thick Sidewalk
Rigid Structure
OPEN JOINTS l!.''/{ Utility Strip
120 Max. 120' Max. See Index 522-002 for Joints
I 30' Max. u u
30' Max. 30' Max. A(Utility Pole, Ex.) A (Signal Pole or Controller Base. Ex.)
A DDDDDED D F DDA A A A A
1....5'
5 5 5 5 5 5 fL�lr 5 1LQr 5 5 a -
1 I 1- I I I I j ' - • •Driveway �_.-�` l ."
� I - I --= A
A G G j A 4.1 G PT Driveway or Side Road
9
Return Curb Drainage Inlet Curb or Curb And Gutter (Partial Return Shown)
Rigid Structure PLAN
SAWED JOINTS SIDEWALK WITHOUT UTILITY STRIP
LONGITUDINAL SECTION
Railing (See Index 515-052,
515-062, 515-070 or 515-080)
LEGEND:
A- /2" Expansion Joints (Preformed Joint Filler) between the sidewalk and; Clear Width
driveways, sidewalk-intersections, and all other fixed objects (5' or 6' Std., 4' Min)
(e.g. drainage inlets and utility poles).
Utility
8 Vie" Dummy Joints, Tooled Strip Sidewalk Sidewalk „0.02 Max.
Varies Varies Varies
C- %8" Formed Open Joints G laill moo" 45° a'
0.02 Max. 0.02 Max.
D- 346" Saw Cut Joints, 1/z' Deep (within 96 hours) Max- 5' Centers _ 9"
J Sidewalk
E- 3/is' Saw Cut Joints, 1 1/i' Deep (within 12 hours) Max- 30' Centers '�� _' j......
' ..Max ,,,.......,...:,,,!_.
Joint(s) Required When Length Exceeds 30' ..?.•.,-- ' *'1-_= x
� Varies Based on Railing Used
f
F- ''/2" Expansion Joint When Run Of Sidewalk Exceeds 120'. Intermediate
locations when called for in the plans or at locations as directed by SECTION A-A SECTION 8-8 RAILING DETAIL
the Engineer.
h
G- Cold Joint With Bond Breaker, Tooled
N SIDEWALK JOINTS
GENERAL NOTES AND CONCRETE SIDEWALK ON CURBED ROADWAYS
LAST 8DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION 663 FDOTl CONCRETE SIDEWALK 522-001 1 of 2
11/01/18 W s-r- - STANDARD PLANS
cc
B C B C
5 5 5 5'
IP
Flexible Pavt.
-i j 1 ,`7= ,11. Graded Driveway_ip_y 2' Detectable
-J --1 Warning Surface I
v.
ABCBC BCBCBABCBC A
/1 5-..--..--.--..-..--.--..---...-.4 5 5 5 � 5' 5' 5' 5' 5' 5'_ 5'_ 5' 5' "JAI le
Rigid Pavt. 1 Ir
\ Border //Driveway \ /� Side Road
\ z-Shoulder Line �/
11
Eirl-
...........:y
OPEN JOINTS f
Edge of Travel Way-
30' Max.
DDDDDED • PLAN
5' 5' 5' 5' 5' 5' 5' "
Flexible Pavt. CONTINUOUS SIDEWALK
ii
p1LEGEND:
Graded Driveway
4" Thick Sidewalk 2' Detectable
120' Max. 120' Max. 30' Max. 30' Max. Warning Surface
ti ti u u C -I
30' Max. 30' Max. 30' Max. Viz, I
®®®®®®®®®®®®®®®®®
I
A DDDDD D F D D I-L-11J'
A D D E Hrlr
D D IH
A
Rigid Pavt.�� -5 5 5 5 5 5 5 u"u-5--�'U- 5 5 14 5 5
I I 1;4 I 1 I I 11 EI I I �\ //
it.rirl,1
�IL
;� Ix / \ Border //
// Driveway \\ �� Side Road
i \ z-Shoulder Line
-
SAWED JOINTS
Edge of Travel Way
LONGITUDINAL SECTION PLAN
LEGEND: DISCONTINUOUS SIDEWALK
A- %' Expansion Joints (Preformed Joint Filler) between the sidewalk and
driveways, sidewalk-intersections, and all other fixed objects
(e.g. drainage inlets and utility poles).
B- Via" Dummy Joints, Tooled Sidewalk
C- %8" Formed Open Joints Varies
D-3/I6" Saw Cut Joints, 1/2" Deep (within 96 hours) Max. 5' Centers r „0.02 Max.
E- 3/,6" Saw Cut Joints, 1�/2" Deep (within 12 hours) Max. 30' Centers _ n+
f Joint(s) Required When Length Exceeds 30'
0
F- %z" Expansion Joint When Run Of Sidewalk Exceeds 120'. Intermediate
N locations when called for in the plans or at locations as directed by SECTION C-C
the Engineer.
N SIDEWALK JOINTS
CONCRETE SIDEWALK ON FLUSH SHOULDER ROADWAYS
LAST DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION FDOTl CONCRETE SIDEWALK 522-001 2 of 2
11/01/18 L., �T— STANDARD PLANS
rc
•
GENERAL NOTES:
1. Cross Slopes and Grades:
A. Sidewalk, ramp, and landing slopes (i.e. 0.02, 0.05, and 1:12) shown in this Index
are maximums. With approval of the Engineer, provide the minimum feasible slope
where the requirements cannot be met.
B. Landings must have cross-slopes less than or equal to 0.02 in any direction.
C. Maintain a single longitudinal slope along each side of the curb ramp.
Ramp slopes are not required to exceed 15 feet in length.
D. Joints permitted at the location of Slope Breaks. Otherwise locate joints in accordance
with Index 522-001. No joints are permitted within the ramp portion of the Curb Ramp.
2. Curb, Curb and Gutter and/or Sidewalk:
A. Refer to Index 522-001 for concrete thickness and sidewalk details.
B. Remove any existing curb, curb and gutter, or sidewalk to the nearest joint beyond the
curb transition or to the extent that no remaining section is less than 5 feet long. s>
0
C. Width of Curb Ramp is 4'-0" minimum. Match sidewalk or Shared Use Path width -1(4_
as shown in the Plans.
3. Curb Ramp Alpha-Identification: Slope Breaks
/ (Joints Permitted)
A. Sidewalk curb ramp alpha-identifications (e.g. CR-A) are provided for reference Sp</Ty
purposes in the Plans. ` 4,40
B. Alpha-identifications CR-I and CR-J are intentionally omitted. ` # /4,G
111.
4. Detectable Warnings:
A. Install detectable warnings in accordance with Specification 527. `r% Joints Not Permitted In Ramp
B. Place detectable warnings across the full width of the ramp or landing, to a s/
minimum depth of 2 feet measured perpendicular to the curb line and no greater than o�c
5 feet from the back of the curb or edge of pavement. 4e4_
C. If detectable warnings are shown in the Plans on slopes greater than 5%, align the
truncated domes with the centerline of the ramp; otherwise, the truncated domes are Detectable Warnings
not required to be aligned. .-bT). T�dh1110
io� sic) e
CURB RAMP NOMENCLATURE
0
00
0
yl
N
h
LAST ZO' DESCRIPTION: FY 202.3-24 INDEX SHEET
REVISION �, FDOT DETECTABLE WARNINGS AND SIDEWALK CURB RAMPS
11/01/21 ter... STANDARD PLANS 522-002 1 of 7
s; s.
d�
i
(��,. Pad/� / aP�/
Sty/py` - 9\ana`( S� y io,
�O' pad
n9
IINIIpppr
/ /// /
/ /
P / co /
S,a::d/,F _ - - S/aP�d/�
2'-0" Detectable Warnings 2'-0" Detectable Warnings
J J
ISOMETRIC VIEW ISOMETRIC VIEW
71
I I r 2 6
I A
O,
c f 5'-0" Shown I c a, I
c 4'-0" Min. I z
• ,� I I oQ
o I c
o I -C 3 ' I I 45° o
3in
O Z Z O .C�^ N pN - 0
N ^ inv o
? 0 oNE N 3Yi. _ • a
cc —
O V)N o a i aN `N od
Utility Strip
(Grass Or r - \ Utility Strip )))
(Grass Or
Pavement) q' Pavement)
7'-0" 4'-O" Min. 7'-0" 7'-0" 4'-0" Min. 7'-0"
PLAN VIEW PLAN VIEW
NOTE: For Example of CR-A used in Radial Curb Returns, See Sheet 8.
(CR-T) 8" For Type F Curb CR-B
9" For Type E Curb —
(Type F Curb Shown)
Varies
Gutter Line\ _
Varies - 7'-0"(Std.) 4'-0" Min.
Ramp Landing
Rdwy. Pavt.
0.021 r Sidewalk 0.02
Q.
o Ramp
N
SECTION A-A
N
N
O
N
SIDEWALK CURB RAMPS CR-A AND CR-B
LAST DESCRIPTION: FY 202.3-24 INDEX SHEET
REVISION FDOTOO DETECTABLE WARNINGS AND SIDEWALK CURB RAMPS
11/01/20 W . — STANDARD PLANS 522-002 2 of 7
Transition(Where Necessary)
Sidewalk Curb cy) 1
(Where Necessary) 'n
i
i
C6
Drop (H)
N O a 'Pd� /
Ramp ^ o Ramp El ? _ ° ��
o 1:12 ` Co
tn
6" x H Monolithic Cast Curb Or
6" x ]2 Separately Cast Curb
0
pan
Back Of Sidewalk
R I Rd2O
�4'-O"
Min.
PLAN VIEW
CR-C 10A°°°°//./
•
CONSTRUCTION OF SIDEWALK CURB IN CUT SECTIONS
6'-0" (Shown) 6" 3/4 R
3/4' R
H (Varies)
0.02 ------ Ramp, Sidewalk Ramp, Sidewalk
0.02 — Or Landing 002. Or Landing — 0•p2
Rdwy. Pavt. Sidewalk H (Varies) 0
Landing 7- Sidewalk Curb
1 (Where Necessary)
(See Note)
6"
MONOLITHIC CAST CURB SEPARATELY CAST CURB
NOTE: For additional information on sidewalk curb construction, see SIDEWALK CURB OPTIONS details.
SECTION B-B SIDEWALK CURB OPTIONS
0
vi •
N
N
N
O
N
ks SIDEWALK CURB RAMPS CR—C AND SIDEWALK CURB
LAST 8DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION ; FDOT DETECTABLE WARNINGS AND SIDEWALK CURB RAMPS
11/01/20 .�— STANDARD PLANS 522-002 3 of 7
\Q
/ Allir
Pad / �aF
Sidewalk
0 0 00�p0400"0' ^ Oiu0fi'p00000-,
0 000 GC0000�00. 0 0 0 0 00
QaC ' --
aa� 2'-0" Detectable Warnings 2'-0" Detectable Warnings
o _ OPTION A OPTION A
muwi.�� � oe�o�oho o�
aooa'�����o� ,aooaQo � a ooeoaaeo
_� 0000��e epaooee a slsaeo;slsos
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Daa°.reeoe osoccacoo
\Q
ti
2'-0" Detectable Warnings 2'-0" Detectable Warnings J�\�\c�� Ai
r
OPTION A /
h 0 f �a° / A/,i ‘
Q,a� /ISOMETRIC VIEWbdi�o�adrao
1.Wid..
Sidewalk
_............. .
Detectable Warnings 2'-0" Detectable Warnings
OPTION B OPTION B
if !
ISOMETRIC VIEW ISOMETRIC VIEW
6"-0� n000e00000eao O.
ooaooaa000000
/Sho � .°gg000aa000�0000��
S/a hnJ S 888888ffigl8
�'�4'a/k :i°oe°e°oe�oaoorococcoi�
6'-0"(Shown) a m 2-0" 6'-0" (Shown)
o\O 2-0" Detectable Warnings Sidewalk 1'L� r Sidewalk 1 tno I I
OPTION B 0.02 vl 0.02
Sidewalk Curb ISOMETRIC VIEW
�Q
p"\p• P.
5'-0" (Shown) �v
A r Sidewalk Sidewalk Curb Emcl^. cc
• Sidewalk Curb
oc,
1111111111111111, Sidewalk Curb o y
n "off
[4'-0" Mina 4'-6" Min. 4'-0" Min.
Ramp Ramp Ramp
E PLAN VIEW PLAN VIEW PLAN VIEW PLAN VIEW
O
(CRD) (CR.E) CCR-D CR-G
N
N
O
N
SIDEWALK CURB RAMPS CR-D, CR-E, CR-F & CR-G
LAST o' DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION W �r FDOT, DETECTABLE WARNINGS AND SIDEWALK CURB RAMPS 522-002 4 of 7
11/01/21 STANDARD PLANS
cc
sa
P
A
NIIIPP
dad��z°�� 2
Ii... ''',.. ,
e— . s> ��c.e,s,°oc o Deco+c t c 0 0 oao°,°0,0°0°e�a G.
2-0 Detectable Warnings 2-0" Detectable Warnings `""' /ae4, ° o�cy°°ieaooifoe °,°°op
ISOMETRIC VIEW ` 2'-0" Detectable Warnings
-6'-0"(Shown)- ' OPTION A
i
Sdewalk
lif,j/? 5`��Q
'4)d,,'ISOMETRIC VIEW
4S � ifias° a
0.02 --ss s3 i
00
0 2'-6"
C
v t 1 2'-0" Detectable Warnings
45° I o .°c_ OPTION B
a
t-1 o
m
Sidewalk Curb- c k Y o; ISOMETRIC VIEW
Ero ° m c m
a E N o•a
o, in m "' �n .9.-. '
1p �^ N
aI
yoN UtilStri( ss Or 2
LD in
Pavement)
--_CI 0.02
4'-0" Min. 7'-0" 4'-0" 7'-0" i 1NI
12
Ramp Min. Sidewalk Curb
(Where Necessary)
PLAN VIEW PLAN VIEW
f 4'-0" Min. C;
(CR-H) ER-) ��� Ramp
K/ o 1:12
Crosswalk C. Z Sidewalk
-C o N
o
8" For Type F Curb d ° o
9" For Type E Curb �' , Utility Strip
(Type F Curb Shown) — (Grass 0r Pavt.)
Varies \D
�✓ Y
Gutter Line\ — — v
Varies - 7'-0"(Std.) 3'-0" Min. 4'-0" Min. r Sidewalk Curb VI
Ramp Landing Landing (Where Necessary) 0
(See Note 3) (-) NOTES:
Rdwy. Pavt. 0 02 Sidewalk 0.02 Rdwy. Pavt. 0.02 1. Crosswalk Width and Configuration
Q. / 2• I ____ Vary; Must Conform to Index 711-001.
Ramp PLAN VIEW 2. 15' Radius Curve Shown for CR-L.
H (Varies) 3. For additional information on sidewalk
ry curb construction, see SIDEWALK CURB
SECTION C-C SECTION D-D CR-L OPTIONS details, on Sheet 3.
0
N
SIDEWALK CURB RAMPS CR—H, CR—K & CR—L
LAST Z DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION iii FDOT; DETECTABLE WARNINGS AND SIDEWALK CURB RAMPS
11/01/20 rr STANDARD PLANS 522-002 5 of 7
/- 5' /
5� / 5/n.
ti �
/____
h Landing dJpr
Li / /
h� / /
Pad /6c,
,L— /
/ Qa�
4111.7
LANDINGS FOR CURB RAMPS WITHOUT SIDEWALKS
(See CR-F, CR-G & CR-K Respectively For Detectable Warning Details/Options)
,'°t
Transition Slope 1:12 °"°e j f
Pavement Relief Needed) 5
(See Section C-C) 0
(
Transition Slope 1:12
�J
Adir
Varies (1'-6" Max.) \� `\\ ;\,A
ISOMETRIC VIEW •aea p� ae�,a J`
(CR-C Shown, Other Similar) 47\ h\
Varies (1'-6" Max.) .zaaaaaf a-aaeaat
Pavement Relief • Varies
Ramp Or Landing o8 AIIPPP
Initial Surface of Pavementif
,Q ,`�fE°"`
\ a °�`'�aL 2'-0" Detectable Warnings/ I 9 2' 0 Detectable Warnings
0.05 Max. , j
Final Surface of Pavement Relief
Lip Of Curb OPTION A OPTION B
NOTE: Remove Elevated Pavement By Spading And Rolling, Smooth Milling, or Grinding.
SECTION E—E
ry —PAVEMENT RELIEF DETAILS DETECTABLE WARNING ON FLUSH SHOULDER SIDEWALKS
N
N
h
CURB RAMPS WITHOUT SIDEWALKS AND FLUSH SHOULDER SIDEWALKS
LAST 8DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION = F D0 'DETECTABLE WARNINGS AND SIDEWALK CURB RAMPS
11/01/20 W ,•-•r— --- STANDARD PLANS 522-002 6 of 7
oc
I
NOTES: .....o 02 ►►
1. Where crosswalk markings are used, ramps must fall within the crosswalk limits.
A clear space of 48" minimum is required at the bottom of the ramp within a
marked crosswalk. If crosswalk markings are not present, a clear space of 48" \\ �9Z
minimum is required at the bottom of the ramp outside of active travel lanes. Alik Sidewalk Variations
2. Crosswalk widths and configurations vary; must conform to Index 711-001. —
1000. \
3. Flangeway Gap may be up to 3" for Freight-only Railways.
2-0" Detectable Warnings \\ Ø
o
2'-0" Detectable Warnings ` _" n0
sa d"'
C \ °<ir Crosswalkve�
Crosswalk s °‘,-- \
,\1995'
5
i n21` 4'-d
0 \
�\
-7'. 2'-0" Detectable Warnings 4
�'�`� \�-..—._ _ ry
4'-0" Min. Full v cv cv
000000010o0000c. Height Curb ` 0 4'-0" Min. Full r aj�12 0
000000000000000
000000000000 ` Height Curb `
0co00o0cccoc00c '�
oecooc00000000c Niiiiiii
-
Rail Car Width t L \ -
—--- z ---I - - -I II I II — — r n
I I
_- -_ _ ____
�
f of Nearest Rail I
Crosswalk 2-0" Detectable Warnings Crosswalk
2'-0" Detectable Warnings
I I\\-—- \ ,1) CURB RAMPS WITHIN RADIAL RETURN
I I
II
IF � II II u _
IJ Li L
m Fla Gap J
Z b (2�/z' Max.) a,
o N (See Note 3) m
4-1
i Gate 2'-0" Detectable Warnings
..-
-1' n U
(I Crosswalk =__l _.-1:12
c ii;g 3'-0" Curb Transition From Full to Zero Height
o
4
v Full Height Curb, 2'-0" Min.
go0o0ooL0000c0 f Z-0 Detectable Warnings 2-0" Detectable Warnings
D0000000000000c
00000000000000c
00000000000000c
0000e0000000000
Eitte'll'
4'-0" Min. FullC-------)....
att�� Crosswalk
2'-0" Detectable Warnings Height Curb Utility Strip
,{ Bike Lane
3 i
0
o g
u` 1
x
CURB RAMPS OUTSIDE RADIAL RETURN LINEAR SIDEWALK RAMPS
r
rn
RAILROAD CROSSING PLACEMENT OF SIDEWALK CURB RAMPS AT CURBED RETURNS (TYP.)
N
h
0
N
M
RAILROAD CROSSING AND CURB RAMPS AT CURBED RETURNS
LAST 0 DESCRIPTION: FY 2023-24 INDEX SHEET
REVISION FDOT, DETECT • li LE WARNINGS AND SIDEWALK CURB RAMPS
11/01/20 W •� �r - STANDARD PLANS 522-002 7 of 7
ix