2024-01-16 Item V. C 1/16 EX 5•
u
CITY OF OKEECHOBEE, PUBLIC WORKS
Exhibit 5
01 / 16/2024
Okeechobee
FLORIDA • Founded 191S
To: Gary Ritter, City Administrator
From: David Allen
Memo
Date: 1/4/2024
Re: SW 5th Avenue Pavement Improvements Bid Award.
Public Works is requesting approval to award the SW 5th Avenue Pavement Improvements project to
Ranger Construction Industries in the amount of $880,825.96. In addition to the bid amount, Public
Works is requesting an additional $25,000.00 to cover potential material overages such as asphalt for a
total Purchase Order of $905,825.96.
This project was advertised on a regional basis per FDOT requirements. Despite the regional outreach,
the City only received two bids:
Contractor
Total Bid Amount
Ranger Construction Industries, Inc
4510 Glades Cutoff Road
$880,825.96
Lake Placid, FL 33862
CW Roberts Contracting, Inc.
8530 SW Jayme Way
$1,198,014.06
Palm City, FL 34990
The detailed bid tabulation showing unit prices for the pay items for the project is attached to this
memo.
The City previously received and accepted a FDOT Small County Outreach Program — Municipalities
(SCOP) grant in the amount of $334,951.00 for the construction of this project. The current 2023-2024
Public Works budget contains $509,000 for Asphalt and Road Improvements. If the entire $25,000.00
contingency is needed, the budget adjustment needed to complete the project will be $61,874.96.
. , . ewal. 4F—
r i� '~
M T t
1
SW 5th Avenue Pavement Improvements
-=: Park Street to Central Elementary School '
1,
.� �-...1'. AIL 1 . Y '�.f� .�i�.� � �. 4• .�. 'i!I �r'�'
4L Ajo -7�-
41
kr�1 1 ■ �. i �r�{, �' i
_ SW 3 RD S% T
+ ._ � .:;` • � try � _ ,�""- .
rM
lG' A
1/2 Mile Y Si NTH ST
_��Rll�.i 1 _ � I < A�� #i xl� • '.�� ^ g , Sf��l. V ' pyl•,-y
1 � 9'!
4 EC
Y1f itLgi�j,SI ` _ r - f': r y ._- 41 i
tt �
Z1. •RYA'^:u13��' - � 1 to
#-rr .
i:,3.At'od Y'1kD'a 'cPe^"+&+i�r b^.1�'�S'.:..: k � r R t: •af Ky ■. _
js
Ak
_R
T • ' ; ..'j u . �t.. _ . :., � ' � _� .. � Jam-+•'
'
r
Not to Scale
S1P1t 8TH do
MOT
BID TABULATION
CITY OF OKEECHOBEE SOUTHWEST STH AVENUE PAVEMENT IMPROVEMENTS
FDOT AGREEMENT:
FPN 442242-1
PW 06-10-08-23
CONTRACTOR:
CONTRACTOR:
C.W. ROBERTS CONTRACTING, INC.
RANGER CONSTRUCTION INDUSTRIES, INC.
8530 SW Jayme Way
4510 Glades Cutoff Road
Palm City, FL 34990
Lake Placid,
FL 33862
PAY ITEM
DESCRIPTION
CITY
UNIT
UNIT PRICE
PRICE
CITY
UNITS
UNIT PRICE
PRICE
101-1
MOBILIZATION
1
LS
$ 195,400.00
$
195,400.00
1
LS
$ 137,000.00
$
137,000.00
101-99
CONSTRUCTION LAYOUT & AS -BUILT DRAWINGS
1
LS
$ 11,000.00
$
1
LS
11,000.00
$ 13,700.00
$
13,700.00
WORK ZONE TRAFFIC CONTROL / MAINTENANCE OF
102-1
TRAFFIC
1
LS
$ 244,000.00
$
244,000.00
1
LS
$ 103,000.00
$
103,000.00
110-1-1
CLEARING AND GRUBBING
0.1051
AC
$ 519,000.00
$
54,546.90
0.1051
AC
$ 458,400.00
$
48,177.84
160-4
STABILIZE SUBGRADE
185
SY
Is 85.00
$
15,725.00
185
SY
$ 44.15
$
8,167.75
285-709A
O.B.G 9 (6" TYPE B 12.5)
1.5
TN
$ 800.00
$
1,200.00
1.5
TN
$ 3,850.00
$
5,775.00
285-709-B
O.B.G 9 (10" BASE MATERIAL)
185
SY
$ 104.00
$
19,240.00
185
SY
$ 47.55
$
8,796.75
286-1
TURNOUT CONSTRUCT DRIVEWAY BASE - OPTION
48.83
SY
$ 108.00
$
5,273.64
48.83
SY
$ 300.55
$
14,675.86
PRIMECOAT (USE WHERE MILLING EXTENDS INTO
3001
BASE)
3693
SY
$ 3.00
$
11,079.00
3693
SY
$ 0.55
$
2,031.15
ASPHALT MILLING - MILLING EXISTING ASPHALT
327-70-6
PAVEMENT - 1. " AV . DEPTH
15376.44
SY
$ 6.00
$
92,258.64
15376.44
SY
$ 4.20
$
64,581.05
SUPERPAVE ASPHALTIC COND, TRAFFIC C (SP-9.5)(1.5"
�d-I I
THICK)
1 254.14
TN
$ 233.00
$
292,214.62
1254.14
TN
$ 174.90
$
219,349.09
425-5-1
MANHOLE, ADJUST, UTILITIES
1
EA
$ 4,000.00
$
4,000.00
1
EA
$ 5,950.00
$
5,950.00
520-1-10
CONCRETE CURB AND GUTTER, TYPE F
291.8
LF
$ 89.00
$
25,970.20
291.8
LF
$ 35.00
$
10,213.00
520-2-1
CONCRETE CURB AND GUTTER, TYPE A
254
LF
$ 82.00
$
20,828.00
254
LF
$ 33.75
$
8,572.50
522-1
CONCRETE SIDEWALK AND DRIVEWAYS, 4" THICK
4
SY
$ 400.00
$
1,600.00
4
SY
$ 122.50
$
490.00
522-2
CONCRETE SIDEWALK AND DRIVEWAYS, 6" THICK
19
SY
$ 335.00
$
6,365.00
19
SY
$ 185.00
$
3,515.00
E522-74
CURB RAMP (TYPICAL)
18
EA
$ 1,670.00
$
30,060.00
18
EA
$ 4,281.00
$
77,058.00
527-2
DETECTABLE WARNINGS
289
SF
$ 80.00
$
23,120.00
289
SF
$ 53.80
$
15,548.20
570-12
PERFORMANCE TURF, SOD
413.8
SY
$ 25.00
$
10,345.00
413.8
SY
$ 26.15
$
10,820.87
660-11-01
LOOP DETECTOR OMDICTOVE, F&I, TYPE 1
1
EA
$ 2,470.00
$
2,470.00
1
EA
$ 5,430.00
$
5,430.00
700-1-40
SINGLE POST SIGN, INSTALL
8
AS
$ 500.00
$
4,000.00
8
AS
$ 519.00
$
4,152.00
700-1-50
SINGLE POST SIGN, RELOCATE
3
AS
$ 240.00
$
720.00
3
AS
$ 250.00
$
750.00
SIGN BEACON, F&I GROUND MOUNT- SOLAR
700-12-21
POWERED NE BEA N RRFB
2
AS
$ 18,700.00
$
37,400.00
2
AS
$ 13,100.00
$
26,200.00
SIGN BEACON, F&I GROUND MOUNT- SOLAR
700-12-22
POWERED. TWO BEACONS RRFB
1
AS
$ 19,800.00
$
19,800.00
1
AS
$ 15,025.00
$
15,025.00
705-11-1
FLEXIBLE DELINEATOR
7
EA
$ 127.00
$
889.00
7
EA
$ 81.30
$
569.10
706-1-3
RETRO REFLECTIVE PAVEMENT MARKER
4
EA
$ 5.00
$
20.00
4
EA
$
5.65
$
22.60
PAINTED PAVEMENT MARKINGS, STANDARD, WHITE,
710-11-101
SOLID, 6" FOR PARKING SPACE
560
LF
Is
4.00
$
2,240.00
560
LF
$ 0.65
$
364.00
PAINTED PAVEMENT MARKINGS, STANDARD, WHITE,
710-11-125
SOLID 24"
108
LF
$ 3.00
$
324.00
108
LF
$ 1.95
$
210.60
710-11-224
THERMOPLASTIC, STANDARD, YELLOW, 18" SOLID
47
LF
$ 8.00
$
376.00
47
LF
$ 3.75
$
176.25
711-11-201
THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6"
1166
LF
$ 2.00
$
2,332.00
1166
LF
$ 1.15
$
1,340.90
THERMOPLASTIC, STANDARD, WHITE, SOLID, 12" FOR
71111123
CROSSWALK AND ROUNDABOUT
1424.1
LF
$ 6.60
$
,
.
,0.25
711-11-160
THERMOPLASTIC, STANDARD, WHITE, MESSAGE
5
EA
$ 250.00
$
1,250.00
5
EA
$ 137.50
$
687.50
711-11-170
THERMOPLASTIC, STANDARD, WHITE, ARROW
2
EA
$ 133.00
$
266.00
2
EA
$ 106.30
$
212.60
711-11-421
THERMOPLASTIC, STANDARD, BLUE, SOLID, 6"
48
LF
$ 13.00
$
624.00
48
LF
$ 2.20
$
105.60
THERMOPLASTIC, PREFORMED, WHITE, SOLID, 24"
711-14-125
FOR CROSSWALK
2349
LF
$ 22.00
$
51,678.00
2349
LF
$ 27.50
$
64,597.50
TOTAL BID AMOUNT
$ 1,198,014.06
$
880,825.96
Posted on October 6, 2023 at 4:30 p.m.
To be removed on October 16, 2023 at 4:30 p.m
Highlighted figures reflect corrected calculations
0
•
SECTION VII
PW 06-10-08-23
CITY OF OKEECHOBEE SOUTHWEST 5T" AVENUE PAVEMENT
IMPROVEMENTS
FDOT FPN 442242-1
AGREEMENT FOR SERVICES
This AGREEMENT is dated as of the _day of in the year
20 between the City of Okeechobee (hereinafter "CITY") and
(hereinafter "CONTRACTOR"). CITY and
CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. SCOPE OF WORK
The following Exhibits are attached and are a part of this Agreement.
Exhibit A — Governing Specifications
Exhibit B — Bid Unit Price Schedule
Exhibit C — Project Plans
The Work is described as follows: Construct roadway improvements as specified in
the project plans including milling, resurfacing, and ADA ramp installation on SW 5`
Avenue from North Park Street (State Road 70) to 500 feet South of SW 6th Street,
Okeechobee, FL 34974.
ARTICLE 2. PUBLIC WORKS DIRECTOR
2.1. PUBLIC WORKS DIRECTOR as named in the Contract Documents shall
mean:
City of Okeechobee
Public Works Director
55 S.E. 3rd Avenue
Okeechobee, FL 34974
ARTICLE 3. CONTRACT TIME
3.1 This contract will be in force for a period of one (1) year.
ARTICLE 4. CONTRACT PRICE
4.1 CITY shall pay CONTRACTOR for performance of the work in
accordance with the unit prices listed in Exhibit B.
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 27
•
E
4.2 CITY shall pay the CONTRACTOR, or receive as credit, for changes
or adjustments in the work made in accordance with the General
Conditions, based on the unit prices indicated on the Bid form.
ARTICLE 5. MEASUREMENT AND PAYMENT
5.1 The City will not pay for any item that is not specifically set forth in the Bid
Schedule.
5.2 The total Unit Bid Price for each project shall cover all work required by the
Contract Documents. All costs in connection with the proper and successful
completion of the 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 our
regular cycle with payment usually made by the end of the following month.
Example: Work performed from September 1 through September 30. The
invoice is to be received by the City no later than October 9, and payment
should be made by October 30. 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 Proposal or Bid
Documents. The CONTRACTOR shall take no advantage of any apparent
error or omission in the Drawings or Specifications, and the Public Works
Director shall be permitted to make corrections and interpretations as may
be deemed necessary for fulfillment of the intent of the Contract Documents.
5.6 The quantities for payment, other than Final Payment, under this Contract
shall be determined for actual measurement of the completed items, in place,
ready for service and accepted by the CITY, in accordance with the
applicable method of measurement therefore contained herein. A
representative of the CONTRACTOR shall witness all field measurements.
5.7 All estimated auantities stiDulated 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
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 28
• 9
Form(s). The CONTRACTOR'S attention is directed to the items of work for
which no unit price is set. All work shown on the drawings as outlined in the
specifications is to be completed in all respects, and the cost 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 carefully studied all reports of investigations and tests
of subsurface and latent physical conditions of the site or otherwise affecting
cost, progress, or performance of the work which were relied upon by the
Public Works Director in the preparation of the Drawings and Specifications.
6.3 CONTRACTOR has made or caused to be made examinations,
investigations, and tests, and studies of such reports and related data, in
addition to those referred to in Paragraph 6.2 above as he deems necessary
for the performance of the work at the contract price, within the contract time,
and in accordance with the other terms and conditions of the contract
documents, and no additional examinations, investigations, tests, reports or
similar data are or will be required by the CONTRACTOR for such purposes.
6.4 CONTRACTOR has correlated results of such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the
contract documents.
6.5 CONTRACTOR has given Public Works Director written notice of all conflicts,
errors, or discrepancies that he has discovered in the contract documents,
and the written resolution thereof by Public Works Director is acceptable to
the contract.
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 29
ARTICLE 7. EARLY TERMINATION
7.1 Should CONTRACTOR violate any provision of this contract, or if the level of
service and performance being provided by CONTRACTOR does not meet
the expectations of the CITY after providing attempts at curing such defects,
the CITY may cancel this contract upon thirty (30) days written notice to
CONTRACTOR without further liability, therefore.
ARTICLE 8. CONTRACT DOCUMENTS
The contract documents which comprise the entire agreement between the CITY
and the CONTRACTOR are made a part hereof and consist of the following:
• This Agreement
• Certificates of Insurance
• Payment Bond and Performance Bond
• Notice of Award
• Notices to Proceed
• General Conditions
• Governing Specifications attached as Exhibit A
• Bid Unit Price Schedule attached as Exhibit B
• Project Plans attached as Exhibit C
• Addenda numbers to , inclusive.
• CONTRACTOR'S Bid Forms (including documentation accompanying
the Bid and documentation prior to Notice of Award).
• Documentation submitted by CONTRACTOR prior to Notice of Award.
• Any modification, including Change Orders and Field Orders, duly
delivered after execution of Agreement.
• Call for Bids, Instructions to Bidders, Proposal, Bid Forms, Payment and
Performance Bonds, and Application for Payment.
There are no contract documents other than those listed above in this Article 8. The
contract documents may only be altered, amended, or replaced by a modification
(as defined in Section 1 of the general conditions).
ARTICLE 9. GENERAL PROVISIONS
9.1 Compliance with Laws
The Contractor, its employees, subcontractors or assigns, shall
comply with all applicable federal, state, and local laws, regulations,
and requirements relating to the performance of this Contract.
9.2 Applicable Laws and Venue
The laws of the State of Florida shall govern all aspects of this
Contract. In the event it is necessary for either party to initiate legal
action regarding this Contract, venue shall be in the Nineteenth
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 30
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.
To the extent provided by law, Contractor shall indemnify, defend, and
hold harmless the CITY and the State of Florida, Department of
Transportation, including the Department's officers, agents, and
employees, against actions, claims, or damages arising out of, relating
to, or resulting from negligent or wrongful act(s) of Contractor, or any
of its officers, agents, or employees, acting within the scope of their
office or employment, in connection with the rights granted to or
exercised by Contractor hereunder, to the extent and within the
limitations of Section 768.28, Florida Statutes.
The foregoing indemnification shall not constitute a waver of sovereign
immunity beyond the limits set fort in Florida Statutes, Section 768.28.
Nor shall the same be construed to constitute agreement by
Contractor to indemnify CITY for negligent acts or omissions of CITY,
its officers, agents, or employees, or third parties. Nor shall the same
be construed to constitute agreement by Contractor to indemnify the
Department for the negligent acts or omissions of the Department, its
officers, agents, or employees, or third parties.
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 Contract 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 Contract.
9.6 No Lobbying
Pursuant to Chapter 216.347, F.S., the Contractor is prohibited from
the expenditure of any funds under this Contract to lobby the
Legislature, the judicial branch or another state agency.
9.7 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
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 31
Services Form 1-9. Answers to questions regarding E-Verify as well
as instructions on enrollment may be found at the E-Verify website:
www.uscis.gov/e-verify. CONTRACTOR shall expressly require any
subcontractors performing work or providing services pursuant to
this contract to likewise utilize the U.S. Department of Homeland
Security's E-Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the contract term.
9.8 Contractor's Duties Regarding Public Records
A. Compliance with Florida Laws
Contractor must provide public access to all records concerning
this Contract according to applicable Florida laws including
Chapter 119, Florida Statutes. If Contractor asserts any
exemptions to Florida's public records laws, Contractor has the
burden of establishing and defending the exemption.
Contractor's failure to comply with this section is a breach of
this Contract. The records subject to Chapter 119 may include,
in addition to prepared documents, such communication as e-
mails, text messages, inter -office memorandums, social media,
and photographs or images; a person or entity may request
public records via e-mail, or by oral or written request, and a
response to such a request must be prompt; it is the
responsibility of the CONTRACTOR to establish an in-house
policy in reference to such records, and to identify and retain
such communications in the normal course of business in the
event a request is made to produce these records.
B. IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT TELEPHONE NUMBER:
(863) 763-3372, EXT. 9814, EMAIL ADDRESS:
LGAMIOTEAgCITYOFOKEECHOBEE.COM, AND
MAILING ADDRESS: 55 SE THIRD AVE,
OKEECHOBEE FL, 34974.
C. The Recipient shall retain sufficient records demonstrating its
compliance with the terms of this Agreement for a period of five
years from the date the audit report is issued and shall allow the
Department, or its designee, DFS or the Auditor General access
to such records upon request. The Recipient shall ensure that the
audit working papers are made available to the Department, or its
designee, the DFS or the Auditor General upon request for a
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 32
0
•
period of five years from the date the audit report is issued unless
extended in writing by the Department.
9.9 No Third -Party Beneficiaries
This Contract is solely for the benefit of the Contractor and the
City. No person or entity other than the Contractor or the CITY shall
have any rights or privileges under this Contract in any capacity
whatsoever, either as third -party beneficiary or otherwise.
9.10 Assignment
Contractor shall not assign, delegate, sublease or otherwise transfer
any portion of its rights and obligations as set forth in this Contract
without prior written consent of the City. Any attempted assignment in
violation of this provision shall be void.
9.11 Waiver
No waiver of any term of this Contract constitutes a waiver of any
other provision, whether similar or dissimilar. No waiver of any term
constitutes a continuing waiver. No waiver is binding unless signed in
writing by the waiving party.
9.12 Severability
If any term of this Contract is for any reason invalid or unenforceable,
the rest of the Contract remains fully valid and enforceable.
9.13 Entire Contract
This Contract constitutes the entire agreement between the parties
and supersedes all prior and contemporaneous agreement,
representations, and undertaking. No supplement, modification, or
amendment of this agreement will be binding unless it is in writing and
signed by both parties.
9.14 Interpretation
Unless the context requires otherwise: The term "including"
contemplates "including but not limited to."
9.15 Survival
All provisions of this Contract which by their terms bind either party
after the expiration or termination of this Contract shall survive the
expiration or termination of this Contract.
9.16 Force Majeure
Notwithstanding any provisions of this Contract to the contrary, the
Parties shall not be held liable for any failure or delay in the
performance of this Contract that arises from fires, floods, strikes,
embargoes, acts of the public enemy, unusually severe weather,
outbreak of war, restraint of Government, riots, civil commotion, force
majeure, act of God, or for any other cause of the same character
which is unavoidable through the exercise of due care and beyond
the control of the Parties. Failure to perform shall be excused during
the continuance or as a result of such circumstances, but this
Contract shall otherwise remain in effect.
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 33
This provision shall not apply if the "Statement of Work" of this Contract
specifies that performance by the Contractor is specifically required
during the occurrence of any of the events herein mentioned.
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.
9.19 State Funded Grant Agreement
The Contractor, its employees, subcontractors or assigns, shall
comply with all terms and conditions of the State Funded Grant
Agreement for the project. (Attachment 1)
9.20 Responsible Vendor Determination
Contractor is hereby notified that Section 287.05701, Florida Statutes,
requires that the City of Okeechobee may not request documentation
of, or consider, a vendor's social, political, ideological interests when
determining if the vendor is a responsible vendor.
ARTICLE 10. PUNCHLIST PROCEDURES
Further to Florida Statutes §218.735(7)(a)(1), Punchlist procedures to render the
Work complete, satisfactory and acceptable are established as follows:
10.1 Within five (5) days of Substantial Completion of the construction
services purchased as defined in the Contract, CONTRACTOR shall
schedule a walkthrough with CITY ("Initial Walkthrough" or "IW'). The
purpose of the IW is to develop a preliminary checklist ("Checklist") of
items to be performed by the CONTRACTOR, based upon
observations made jointly between the CONTRACTOR and CITY
during the IW. The IW is to occur within ten (10) days of Substantial
Completion of the Work as defined by the Contract, again predicated
upon the CONTRACTOR'S timely initiation of a request for the IW. At
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 34
0 0
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 Contract.
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
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 35
•
0
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.
[SIGNATURE PAGE FOLLOWS]
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 36
i 0
IN WITNESS WHEREOF, the parties hereto have signed two (2) copies of this
agreement. At least one counterpart each has been delivered to the CITY and
CONTRACTOR. All portions of the contract documents have been signed or
identified by CITY and CONTRACTOR or by Public Works Director on their behalf.
This Agreement will be effective on
CITY
Bv:
Dowling R. Watford, Jr. Mayor
Attest:
Lane Gamiotea, CIVIC, City Clerk
Addresses for giving notices:
CITY
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
CONTRACTOR
By:
Name:
Title:
Attest:
Title:
Corporate Seal
CONTRACTOR
Florida State Contractors License No
Approved as to form and legality for the use and reliance of the City of Okeechobee
only.
John J. Fumero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
City of Okeechobee Project No. PW 06-10-08-23
Public Works Department 37