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CW Roberts_Paving & Asphalt Projects_Piggy back BOCC_EXP 8/29/2024
� •Okf FCyo �� - T INTER-OFFICE • a, MEMORANDUM To: Jacqueline Boer Date: October 16, 2024 From: Katie Rogers Subject: Piggyback Agreement with CW Roberts Contracting, Inc Attached are two original agreements executed by City officials for the Piggyback Agreement with the County and CW Roberts Contracting, Inc. for asphalt milling and paving. Kindly forward to the appropriate officials for execution and return one original to the Clerk's office for City Records. Thank you! PIGGYBACK AGREEMENT BETWEEN CITY OF OKEECHOBEE AND C.W. ROBERTS CONTRACTING, INCORPORATED, A FLORIDA CORPORATION THIS PIGGYBACK AGREEMENT ("Agreement") is made and entered into between the CITY OF OKEECHOBEE (the "CITY"), a political subdivision of the State of Florida who address is 55 SE 3`d Avenue,Okeechobee,FL 34974,and C.W.Roberts Contracting,Incorporated (the "CONTRACTOR"), a Florida corporation, whose address is 3660 Hartsfield Road, Tallahassee, Florida 32303 (hereinafter collectively referred to as the"Parties"). WHEREAS, the CITY desires to contract paving services with and through professionals duly licensed and qualified to provide such services; WHEREAS, the Okeechobee County, a political subdivision of the State of Florida (the "COUNTY") entered into a Contract for Services (the "Contract") with the CONTRACTOR on or about August 29, 2024. WHEREAS, CONTRACTOR has demonstrated capability to provide the CITY with paving services contemplated by this Agreement; WHEREAS, the CITY has determined that the Contract with the COUNTY meets the requirements of the State of Florida and CITY Procurement Code and is an acceptable agreement upon which the CITY and CONTRACTOR may establish this Agreement; WHEREAS, the CONTRACTOR agrees to extend the terms, conditions, and pricing of the Contract with the CITY, subject to the terms and conditions of this Agreement; and WHEREAS, the CITY has determined that entering into this Agreement with the CONTRACTOR is in the best interests of the CITY. NOW,THEREFORE, in consideration of the promises and mutual covenants contained herein and for other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: 1. Recitals.The above recitals are true and correct and are incorporated into this CITY Agreement by reference. 2. Scope of Services. CITY hereby retains CON I RACTOR to furnish the services that are described in the Scope of Services which is attached hereto as Exhibit A and incorporated herein by reference. 3. Terms and Conditions. Except as otherwise stated herein, the terms and conditions of the Contract entered into with the COUNTY shall constitute the terms and conditions of this Agreement. A true and correct copy of the Contract is attached hereto as Exhibit B and incorporated herein by reference. Any conflict between the terms and conditions in the body of Piggyback Agreement Between the City of Okeechobee and C W Roberts Contracting, Incorporated Page 2 this Agreement and the terms and conditions set forth in Exhibit B will be resolved in favor of the body of this Agreement. 4. Agreement Term and Commencement of Services. This Agreement has an initial term of three (3) years, beginning August 29, 2024, and ending August 28. 2027,and may be renewed for up to two(2)additional one(1)year terms,upon agreement of the Parties in writing, unless sooner terminated under the terms of this Agreement. 5. Payment. CITY agrees to compensate CONTRACTOR for work actually performed under this Agreement at the rate/basis described in Exhibit B. The CITY reserves the right to withhold amounts in the event of the non-performance of all or part of the CONTRACTOR's obligations under this Agreement. 6. Termination. This Agreement may be terminated by the CITY in whole or in part at any time with or without cause by the CITY providing CONTRACTOR with written notice not less than third(30)days prior to the date of termination. 7. Notices. All notices to the Parties under this Agreement must be in writing and sent via certified mail to City Administrator, City of Okeechobee. 8. Insurance. CONTRACTOR must maintain such insurance as will fully protect both the CONTRACTOR and the CITY from any and all claims under any Workers Compensation Act or Employers Liability Laws,and from any and all other claims of whatsoever kind or nature to the damage or property, or for personal injury, including death, made by anyone whomsoever,that may arise from operations carried on under this Agreement,either by CONTRACTOR,any subcontractor,or by anyone directly or indirectly engaged or employed by either of them. a. The insurance coverage required by this Agreement must not be less than: i. Workers'Compensation(unless exempt)with Employers'Liability with a limit of$1,000,000.00 each accident, $1,000,000.00 each employee,$1,000,000.00 policy limit for disease; ii. 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 work in the amount of $3,000,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at$100,000.00; iii. Commercial Automobile Liability Insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, Piggyback Agreement Between the City of Okeechobee and C.W Roberts Contracting, Incorporated Page 3 hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage;and iv. Fire damage liability shall be included at$1,000,000.00. 9. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must comply with all federal, state,and local laws, statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. 10. Contractor Responsibility. CONTRACTOR will remain fully responsible for the services of any subcontractors or professional associates. 11. Independent Contractor. CONTRACTOR is, and will be deemed to be, an independent contractor and not a servant,employee,joint venturer,or partner of the CITY. None of CONTRACTOR'S agents,employees,or servants are,or will be deemed to be,the agent,employee,or servant of the CITY. None of the benefits, if any, provided by the CITY to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from the CITY to the employees, agents, or servants of CONTRACTOR_ CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants,and subcontractors during the performance of this Agreement. 12. Indemnification. CONTRACTOR must indemnify and hold the CITY harmless against and from any and all claims,losses,penalties,interest,demands,judgments, costs,damages, or expenses,including attomey's fees and court costs, incurred by the CITY,or its agents,officers,or employees, arising directly or indirectly from CONTRACTOR's performance under this Agreement, including exhibits incorporated herein, or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses, penalties, interest, demands, judgments, costs, damages, or expenses arising out of any accident, casualty, or other occurrence causing injury to any person or property. This includes persons employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR's obligation will not be limited by, or in any way to,any insurance coverage or by any provision in or exclusion or omission from any policy of insurance, whether such insurance is in connection with this Agreement or otherwise. Such indemnification is in addition to any and all other legal remedies available to the CITY and not considered to be the CITY's exclusive remedy. The indemnification provisions of this paragraph will survive the termination of this Agreement. 13. Sovereign Immunity. Nothing in this Agreement extends,or will he construed to extend, the CITY's liability beyond that provided in Section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as consent,by the CITY to be sued by third parties in any matter arising out of this Agreement. 14. Public records. CONTRACTOR is a "Contractor" as defined by Section 1 19.0701(1)(a), Florida Statutes, and must comply with the public records provisions of Chapter 119, Florida Statutes, including the following. Piggyback Agreement Between the City of Okeechobee and C. V. Roberts Contracting, Incorporated Page 4 a. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE CITY OF OKEECHOBEE AT: CITY CLERK'S OFFICE 55 S.E. 3RD Avenue Okeechobee, Florida 34974 863-763-3372 ext. 9814 16arniotea(a.cityofokeechobee.cons b. The contractor shall adhere to Florida public records laws. The contractor must: i. Keep and maintain public records required by the CITY to perform the service. ii. Upon request from the CITY's records custodian,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, or as otherwise provided by law. iii. Ensure that public records are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the agreement term and following completion of the agreement if the contractor does not transfer the records to the public agency. iv. Upon completion of this Agreement, transfer, at no cost, to the CITY all public records in possession of CONTRACTOR or keep and maintain public records required by the CITY to perform the service. If CONTRACTOR transfers all public records to the CITY upon completion of this Agreement, CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of this Agreement, CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must he provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 15. E-Verify Compliance. Contractor affirmatively states, under penalty of perjury, that in accordance with Section 448.095, Ha. Stat., Contractor is registered with and uses the E- Verify system to verify the work authorization status of all newly hired employees, that in accordance with such statute, Contractor requires from each of its subcontractors an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien, and that Contractor is otherwise in compliance with Sections 448.09 and 448.095, Fla.Stat. Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated Page 5 16. Non-Coercion for Labor and Services. CONTRACTOR, through its authorized representative, agrees to execute the Affidavit of Non-coercion for Labor and Services, attached hereto as Exhibit C. 17. General Provisions. The following general provisions apply to this Agreement: a. Entire Agreement. This Agreement states the entire understanding between the Parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, statements,or negotiations made by the CITY staff do not suffice to legally bind the CITY in a contractual relationship unless they have been reduced to writing, authorized,and signed by the authorized CITY representatives. b. Amendment. No modification, amendment, or alteration in the teens or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. c. Severability. If any term or provision of this Agreement is held, to any extent, invalid or unenforceable,as against any person,entity,or circumstance during the Term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity will not affect any other term or provision of this Agreement, to the extent that the Agreement will remain operable, enforceable, and in full force and effect to the extent permitted by law. d. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement does not constitute a waiver of the provision or any portion of this Agreement,either at the time the breach or failure occurs or at any time throughout the term of this Agreement. The review of, approval of, or payment for any of CONTRACTOR's work product, services, or materials does not operate as a waiver, and should not be construed as a waiver,of any of the CITY's rights under this Agreement,or of any cause of action the CITY may have arising out of the performance of this Agreement. e. Law; Venue. This Agreement is being executed in Okeechobee County, Florida, and is governed in accordance with the laws of the State of Florida. Venue of any action hereunder will be in Okeechobee County, Florida. IN WITNESS WHEREOF, the Parties hereto have signed and sealed this Agreement effective the date first written above. APPROVED this day of _ , 2024, by C.W. Roberts Contracting, Incorporated, a Florida corporation. C.W. Roberts Contracting, Incorporated Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated Page 6 By: DAtq ;e l 4 _ \--) (Print name) Its: F'1A-Yi5 c: (Title) Piggyback Agreement Between the City of Okeechobee and C.W.Roberts Contracting,Incorporated Page 7 APPROVED this %$day of 00 , 2024,by the Okeechobee City Council. City of Okeechobee, Florida, a municipal corporation of the State of Florida BY: r ( G� Attest: Dowling R. atford, Jr., or Lane G iotea, CMC, City Clerk Approved as to Form and Legality for Okeechobee County: Jo J. Fumero, City Attorney Nason Yeager Gerson Harris & Fumero, P.A. Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated Page 8 AGREEMENT EXHIBIT A SCOPE OF WORK City of Okeechobee 2024-2025 Paving List Roads Footage Est Quadrant South West SW Park Street.SW 11th Fve to SW 7th Ave 1_600 South West SW inn Ave.Park St to SW 11th St 3.965 South West SW 7th Ave.SW Gih St to SW 9th St 1,098 North West NW 9th Ave.SR 70 to NW 2nd st 407 North West NW 9th St MN stn Ave WNW 5tn Ave 1.478 South East SE Et Ave.SR 70 t0 the brk16e S 2.420 North East NE 6th Ave,SR70 to NE Gin St 1.885 Norm East NE 7th 5t.US 441 to NE 5t11 Ave 1.410 NE 9th St from US 4.41 through NE 12th St t0 12th Ave North East 7.799 South East SE 11th Ave.SE 4th St to SE 7th St 1500 South East SE 7th St.SE 13th Ave to SE 9111 Ave 1300 South West SW 6tn Ave 70th to Park St 400 South West SW 3rd Awe.SW 15m St to SW 23(C St 3000 SW loth St.SW 5tn Ave t0 SW 3r0 Ave 720 South Wes[ South West SW Ilt iAve.ParkSt toSW 6tn St 1650 South West SW 6Ih St.5th Ave to 7th Ave 600 North West NW 8th Ave.NW 12st to 13th St 220 North East NE 7I11 St.4th ave to 3rd Ave 350 Norm East NE 5th Ave.NE 2nd St to 441 330 North East NE Gm Ave,NE 6th 5t to 5R 70 1850 Norm East NE 6th St.441 to 6Ih Ave 1870 Norm East NE 5th Ave.NE 6th St to 7th St 350 Piggyback Agreement Between the City of Okeechobee and C W. Roberts Contracting, Incorporated Page 9 AGREEMENT EXHIBIT B EXISTING CONTRACT See attached 25-page Independent Contractor's Agreement [C.W. Roberts Contracting-County Paving 2024 Independent Contractor's Agreement] INDEPENDENT CONTRACTOR'S AGREEMENT THIS INDEPENDENT CONTRACTOR'S AGREEMENT (hereinafter "this AGREEMENT') is made and entered into effective the 29th day of August,2024,by and between OKEECHOBEE COUNTY, a political subdivision of the State of Florida (hereinafter the "COUNTY") and C.W. ROBERTS CONTRACTING, INC., a Florida corporation (hereinafter "CONTRACTOR"). WITNESSETH WHEREAS, the COUNTY is a political subdivision of the State of Florida, having a responsibility to provide certain services to benefit the citizens of Okeechobee County;and WHEREAS,the COUNTY has the full power and authority to enter into the transactions contemplated by this Agreement;and WHEREAS, CONTRACTOR is in the business of paving, asphalt resurfacing and new road construction in Okeechobee County and elsewhere in the State of Florida; and WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and technical expertise to perform the services contemplated by this Agreement in a timely and professional manner consistent with the standards of the industry in which CONTRACTOR operates; and WHEREAS, Section 448.095, Fla. Stat, imposes certain obligations on public agencies with regard to the use of the E-Verify system by their contractors and subcontractors;and WHEREAS, Section 119.0701, Fla. Stat., requires that certain public agency contracts must include certain statutorily required provisions concerning a contractor's compliance with Florida's Public Records Act;and WHEREAS,Section 768.28,Fla.Stat.,sets forth certain mandatory limitations on indemnification and liability for Florida public agencies;and WHEREAS,Florida law requires that public agency contracts be subject to non-appropriation and thereby contingent upon appropriation during the public agency's statutorily mandated annual budget approval process;and WHEREAS, Section 287.135, Fla. Stat., provides restrictions on local governments contracting with companies that are on certain Scrutinized Companies lists;and WHEREAS, Section 286.101, Florida Statutes contains a list of "foreign countries of concern"including,the People's Republic of China, the Russian Federation,the Islamic Republic of Iran,the Democratic People's Republic of Korea,the Republic of Cuba,the Venezuelan regime of Nicolas Maduro,or the Syrian Arab Republic,including any agency of or any other entity under significant control of such"foreign country of concern". Any entity that does business with a state Page 1 of 15 agency or political subdivision must disclose certain of their dealings with those"foreign countries of concern"to the Florida Department of Financial Services;and WHEREAS,The County's current contract to provide asphalt repair and paving services throughout Okeechobee County expired on April 30, 2024. As a result, the County issued a Request for Proposals (RFP) #2024-01 to provide asphalt repair and paving services (including milling)on County roadways and intersections,on an as needed basis;and, WHEREAS, CONTRACTOR agrees to provide such goods and services as more particularly described in this Agreement,as well as in any bid or quotation documents issued in connection with this project. NOW THEREFORE in consideration of the premises,and in consideration of the mutual conditions,covenants,and obligations hereafter expressed,the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct,constitute a material inducement to the parties to enter into this Agreement, and are hereby ratified and made a part of this Agreement. 2. Description of Work. a. CONTRACTOR'S services for individual projects under this Agreement shall be negotiated by separate Work Authorizations, which shall be approved in accordance with the COUNTY's procurement policy.The form of Work Authorization that shall be used under this Agreement is attached hereto as Exhibit "A" and incorporated by reference.Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in the Work Authorization attached as Exhibit "A" will be resolved in favor of the body of this Agreement. b. The COUNTY hereby retains CONTRACTOR to furnish overall services under this Agreement as described in the Scope of Services, which is attached hereto as Exhibit "B" and incorporated herein by reference. Any conflict between the terms and conditions in the body of this Agreement and the terms and conditions set forth in Exhibit "B"will be resolved in favor of the body of this Agreement. c. CONTRACTOR must provide all permits, labor,materials,equipment,and supervision necessary for the completion of the Scope of Services, unless specifically excluded. d. CONTRACTOR must also comply with,and abide by,all requirements as contained in any invitation to bid ([TB), request for proposals (RFP), request for qualifications (RFQ), bid specifications, engineering plans, shop drawings, material lists, or other similar documents issued for this project by the COUNTY,together with any addenda, hereinafter the"Bid Documents,as applicable." The Bid Documents,if applicable,are hereby incorporated into this Agreement and any related Work Authorization by reference and are declared to be material part of this Agreement and Work Authorization. Page 2 of 15 3. Commencement and completion/Term. a. This Agreement has a Term of three(3)years, beginning on the date of execution of this Agreement and may be renewed for up to two (2) additional one (1) year Terms, upon agreement of the parties in writing. 4. Payment. a. The COUNTY agrees to compensate CONTRACTOR, for work actually performed under this Agreement, at the rate or basis described in Exhibits "A" and "C", which are attached hereto and incorporated herein by reference. CONTRACTOR must perform all work required by the Scope of Services, but in no event will CONTRACTOR be paid more than the negotiated amount set forth in Exhibits "A" and "C". CONTRACTOR's services shall not exceed the estimated annual budget of 1.5 million dollars unless an increase in said amount is agreed upon in writing by the Parties and approved by the COUNTY Commission. b. Progress payments, if any, will be made as set forth in Exhibit "A"and "C". c. The COUNTY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR must, without additional compensation, correct and revise any errors, omissions, or other deficiencies in its work product, services,or materials arising from the error or omission or negligent act of CONTRACTOR. 5. a. Acceptance of work product,payment,and warranty.When the COUNTY receives an invoice sufficiently itemized to permit audit, the COUNTY will diligently review the invoice. When the COUNTY finds the invoice acceptable and finds the products and services acceptable,the installment payment will be paid to CONTRACTOR within thirty (30) days after the date of receipt of the invoice, unless another payment schedule is provided in Exhibit "A." CONTRACTOR guarantees the successful performance of the work for the products and services intended. If the COUNTY deems it inexpedient to require CONTRACTOR to correct deficient or defective work, the COUNTY may make an equitable deduction from the contract price, or, in the alternative, the COUNTY may seek damages. CONTRACTOR warrants that the data utilized by CONTRACTOR(other than as provided by the COUNTY) is from a source, and collected using methodologies, which are generally recognized in CONTRACTOR's industry or profession to be a reliable basis and foundation for CONTRACTOR's work product. CONTRACTOR must notify the COUNTY in writing if it appears, in CONTRACTOR's professional judgement that the data or information provided by the COUNTY for use in CONTRACTOR's work product is incomplete, defective, or unreliable. CONTRACTOR guarantees to amend, revise, or correct to the satisfaction of the COUNTY any error appearing in the work as a result of CONTRACTOR's failure to comply with the warranties and representations contained herein. Neither inspection nor payment, including final payment, by the Page 3 of 15 COUNTY will relieve CONTRACTOR from its obligations to do and complete the work product in accordance with this Agreement. 6. Termination. a. Termination at Will: This Agreement and any related Work Authorization may be terminated by the COUNTY in whole or in part at any time without cause by the COUNTY giving written notice to CONTRACTOR not less than 30 days prior to the date of termination; provided,however,that in such event,neither party will be relieved from its rights or obligations of this Agreement through the date of the actual termination. Notice must be delivered by certified mail,return receipt requested,or in person with proof of delivery. b. Termination for Cause: This Agreement and any related Work Authorization may be terminated by either party for cause by the COUNTY or CONTRACTOR giving written notice to the other party not less than 10 days prior to the date of termination;provided, however,that in such event, neither party will be relieved from its rights or obligations of this Agreement or Work Authorization through the date of the actual termination. Notice must be delivered by certified mail, return receipt requested, or in person with proof of delivery. 7. Project management. a. The Project Managers for this project are as follows. Any subsequent changes to the Project Manager for either party may be provided by notice as described in paragraph 8 below and does not require an amendment to this Agreement. b. COUNTY's Project Manager is: Darren Brown,Director of Public Works c. CONTRACTOR's Project Manager is: Dan Hoyt,Area Manager 8. Notices. All notices to the parties under this Agreement must be in writing and sent certified mail to: a. To COUNTY: Okeechobee County Board of County Commissioners, Attention: County Administrator,304 NW 2nd Street,Okeechobee,Florida 34972; b. To CONTRACTOR: C.W. Roberts Contracting, Inc., Attention: Robert Flowers, President,3660 Hartsfield Road,Tallahassee, Florida 32303 9. Insurance. a. CONTRACTOR must maintain such insurance as will fully protect both CONTRACTOR and the COUNTY from any and all claims under any Workers Compensation Act or Employers Liability Laws,and from any and all other claims of whatsoever kind or nature to the damage or property,or for personal injury, including Page 4 of 15 death, made by anyone whomsoever, that may arise from operations carried on under this Agreement,either by CONTRACTOR,any subcontractor,or by anyone directly or indirectly engaged or employed by either of them. b. The insurance coverage required by this Agreement must not be less than the amounts described in the Bid Documents. If the Bid Documents do not state an insurance requirement or the amount of insurance,then the amount of insurance required by this Agreement must not be less than: i. Workers' Compensation (unless exempt)with Employers' Liability with a limit of$500,000.00 each accident,$500,000.00 each employee,$500,000.00 policy limit for disease; ii. Commercial General Liability (CGL) insurance with a limit of not less than $500,000.00 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project/work in the amount of$1,000,000.00. Products and completed operations aggregate shall be S 1,000,000.00. CGL insurance shall be written on an occurrence form and include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury, and advertising injury. Damage to rented premises shall be included at$100,000.00. iii. Commercial Automobile Liability Insurance with a limit of not less than $1,000,000.00 each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired and non-owned autos) and such policy shall be endorsed to provide contractual liability coverage;and iv. Fire damage liability shall be included at$500,000.00. c. CONTRACTOR must furnish the COUNTY with Certificates of Insurance, which are to be signed by a person authorized by that insurer to bind coverage on its behalf. The COUNTY is to be specifically included as an additional insured and loss payee on all policies except Workers' Compensation. In the event the insurance coverage expires prior to the completion of the project,a renewal certificate must be issued 30 days prior to the expiration date. The policy must provide a 30 day notification clause in the event of cancellation or modification to the policy. All certificates of insurance must be on file with and approved by the COUNTY before commencement of any work activities. d. The insurance coverages procured by CONTRACTOR as required herein will be considered as primary insurance over and above any other insurance,or self—insurance, available to CONTRACTOR, and any other insurance, or self-insurance available to CONTRACTOR will be considered secondary to, or in excess of, the insurance coverage(s)procured by CONTRACTOR as required herein. 10. General Provisions. CONTRACTOR must comply with the following general provisions: Page 5 of 15 a. Bond. If a surety bond has been required by the Bid Documents for CONTRACTOR's faithful performance and payment,and if at any time the surety is no longer acceptable to the COUNTY, CONTRACTOR must, at its expense, within five (5) days after the receipt of notice from the COUNTY to do so, furnish an additional bond or bonds in such form and with such Surety or Sureties as are satisfactory to the COUNTY. The COUNTY will not make any further payment to CONTRACTOR,nor will any further payment be deemed to be due to CONTRACTOR,until such new or additional security for the faithful performance of the work is furnished in a manner and form satisfactory to the COUNTY. b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must comply with all federal,state,and local laws,statutes,ordinances,rules,and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. c. Personal nature of Agreement;Assignment. i. The parties acknowledge that the COUNTY places great reliance and emphasis upon the knowledge, expertise, training, and personal abilities of CONTRACTOR. Accordingly, this Agreement is personal and CONTRACTOR is prohibited from assigning or delegating any rights or duties hereunder without the specific written consent of the COUNTY. ii. If CONTRACTOR requires the services of any subcontractor or professional associate in connection with the work to be performed under this Agreement, CONTRACTOR must obtain the written approval of the COUNTY Project Manager prior to engaging such subcontractor or professional associate. CONTRACTOR will remain fully responsible for the services of any subcontractors or professional associates. d. Discrimination. i. CONTRACTOR shall not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age,ethnicity,race,religious belief,disability,national origin,or sex. CONTRACTOR shall not exclude any person,on the grounds of age,ethnicity, race, religious belief, disability, national origin, or sex, from participation in, denied the benefits of,or be otherwise subjected to discrimination in any activity under,this Agreement. ii. CONTRACTOR shall provide a harassment-free workplace,with any allegation of harassment given priority attention and action by management. e. Independent contractor. i. CONTRACTOR is,and will be deemed to be,an independent contractor and not a servant, employee, joint adventurer, or partner of the COUNTY. None of CONTRACTOR's agents, employees,or servants are, or will be deemed to be, Page 6 of 15 the agent,employee,or servant of the COUNTY. None of the benefits, if any, provided by the COUNTY to its employees, including but not limited to, compensation insurance and unemployment insurance, are available from the COUNTY to the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the performance of this Agreement. Although CONTRACTOR is an independent contractor, the work contemplated herein must meet the approval of the COUNTY and is subject to the COUNTY's general right of inspection to secure the satisfactory completion thereof. CONTRACTOR must comply with all Federal,State and municipal laws,rules and regulations that are now or may in the future become applicable to CONTRACTOR, or to CONTRACTOR's business, equipment, or personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. The COUNTY will not be held responsible for the collection of or the payment of taxes or contributions of any nature on behalf of CONTRACTOR. ii. CONTRACTOR will bear all losses resulting to it on account of the amount or character of the work, or because of bad weather, or because of errors or omissions in its contract price. iii. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize,the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR and any subcontractors during the Term of this Agreement. f. Indemnification. CONTRACTOR must indemnify and hold the COUNTY harmless against and from any and all claims, losses, penalties, interest, demands,judgments, costs, damages,or expenses, including attorney's fees and court costs, incurred by the COUNTY, or its agents, officers, or employees, arising directly or indirectly from CONTRACTOR's performance under this Agreement or by any person on CONTRACTOR's behalf, including but not limited to those claims, losses, penalties, interest,demands,judgments,costs,damages,or expenses arising out of any accident, casualty, or other occurrence causing injury to any person or property. This includes persons employed or utilized by CONTRACTOR (including CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR must further indemnify the COUNTY against any claim that any product purchased or licensed by the COUNTY from CONTRACTOR under this Agreement infringes a United States patent,trademark,or copyright. CONTRACTOR acknowledges that CONTRACTOR has received consideration for this indemnification, and any other indemnification of the COUNTY by CONTRACTOR provided for within the Bid Documents, the sufficiency of such consideration being acknowledged by CONTRACTOR, by CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation will not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance,whether such insurance is in connection with this Agreement or otherwise. Such Page 7of15 indemnification is in addition to any and all other legal remedies available to the COUNTY and not considered to be the COUNTY's exclusive remedy. ii. In the event that any claim in writing is asserted by a third party which may entitle the COUNTY to indemnification,the COUNTY must give notice thereof to CONTRACTOR,which notice must be accompanied by a copy of statement of the claim. Following the notice, CONTRACTOR has the right, but not the obligation, to participate at its sole expense, in the defense, compromise or settlement of such claim with counsel of its choice.If CONTRACTOR does not timely defend, contest, or otherwise protect against any suit, action or other proceeding arising from such claim, or in the event the COUNTY decides to participate in the proceeding or defense, the COUNTY will have the right to defend,contest, or otherwise protect itself against same and be reimbursed for expenses and reasonable attorney's fees and, upon not less than ten (10)days notice to CONTRACTOR, to make any reasonable compromise or settlement thereof. In connection with any claim as aforesaid, the parties hereto must cooperate fully with each other and make available all pertinent infonnation necessary or advisable for the defense,compromise or settlement of such claim. iii. The indemnification provisions of this paragraph will survive the termination of this Agreement. g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to extend, the COUNTY's liability beyond that provided in section 768.28, Florida Statutes. Nothing in this Agreement is a consent,or will be construed as consent, by the COUNTY to be sued by third parties in any matter arising out of this Agreement. h. Public records. CONTRACTOR is a"Contractor"as defined by Section 119.0701(1)(a),Florida Statutes and must comply with the public records provisions of Chapter 119, Florida Statutes, including the following: 1. Keep and maintain public records required by the COUNTY to perform the service. 2. Upon request from the COUNTY's custodian of public records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of the Agreement if CONTRACTOR does not transfer the records to the COUNTY. 4. Upon completion of this Agreement, transfer, at no cost, to the COUNTY all public records in possession of CONTRACTOR or keep and maintain public records required by the COUNTY to perform the service. If CONTRACTOR transfers all public records to the COUNTY upon completion of this Agreement,CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from Page 8 of 15 public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of this Agreement, CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the COUNTY. ii. "Public records" is defined in Section 119.011(12), Florida Statutes, as may, from time to time,be amended. iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119 and related law, CONTRACTOR will have the burden of establishing such exemption,by way of injunctive or other relief as provided by law. iv. CONTRACTOR consents to the COUNTY's enforcement of CONTRACTOR's Chapter 119 requirements, by all legal means, including, but not limited to, a mandatory injunction,whereupon CONTRACTOR must pay all court costs and reasonable attomey's fees incurred by COUNTY. v. CONTRACTOR's failure to provide public records within a reasonable time may be subject to penalties under Section 119.10,Florida Statutes. Further,such failure by CONTRACTOR will be grounds for immediate unilateral cancellation of this Agreement by the COUNTY. vi. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,THE COUNTY ADMINISTRATOR, AT: OKEECHOBEE COUNTY ADMINISTRATOR 304 NW 2ND STREET ROOM 123 OKEECHOBEE, FL 34972 863-763-6441, EXT 1 PUBLICRECORDS@OKEECHOBEECOUNTYFL.GOV Federal or State Funding. If any portion of the funding for this Agreement is derived from the State of Florida, or any department of the State of Florida, or from federal funding through the State of Florida, the provisions of this sub-paragraph shall apply, provisions elsewhere in this Agreement to the contrary notwithstanding. CONTRACTOR shall make inquiry from the COUNTY's Project Manager to determine whether Federal or State funding is applicable to this Agreement. i. E-Verify. CONTRACTOR must utilize, and must expressly require all subcontractors to utilize,the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by CONTRACTOR during the Term of this Agreement. Page 9 of 15 ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees,and its subcontractors are not agents or employees of the Federal Government,of the State of Florida, or of any department of the Federal Government or the State of Florida. iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless the COUNTY,the Federal Government,the State of Florida, any department of the Federal Government or the State of Florida, and all officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attomey's fees,to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the COUNTY's sovereign immunity. iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, CONTRACTOR must ensure that the subcontractor(s)have Workers'Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations("PEO's"), CONTRACTOR must ensure that such employees are covered by Workers'Compensation insurance through the PEO's or other leasing entities. CONTRACTOR must ensure that any equipment rental agreements that include operators or other personnel who are employees of independent Contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers'Compensation law. v. Liability Insurance. Contractor shall carry Commercial General Liability insurance providing continuous coverage for all work or operations performed under the Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. CONTRACTOR shall cause the State of Florida to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the State of Florida as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured.The limits of coverage shall not be less than S 1,000,000 for each occurrence and not less than a$5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Contract, and may not be shared with or diminished by claims unrelated to this Agreement. The policy/ies and coverage described herein may be subject to a deductible. CONTRACTOR shall pay all deductibles as required by the policy.No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention. At all Page l0 of 15 renewal periods which occur prior to final acceptance of the work,the COUNTY and the State of Florida shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The COUNTY and the State of Florida shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse,renewal, or proposed change to any policy or coverage described herein.The COUNTY's or the State of Florida's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein,nor serve as a waiver of any rights or defenses the COUNTY or the State of Florida may have. vi. Inspections. CONTRACTOR shall permit, and require its subcontractors to permit,the COUNTY's and the State of Florida's authorized representatives to inspect all work, materials, payrolls, and records, to audit the books, records, and accounts pertaining to the financing and development of the Services described in the Contract Documents. vii. Auditor General Cooperation. CONTRACTOR shall comply with§20.055(5), Florida Statutes, and shall incorporate in all subcontracts the obligation to comply with§20.055(5),Florida Statutes. j. E-Verify Compliance.Contractor affirmatively states, under penalty of perjury,that in accordance with Section 448.095, Fla. Stat., Contractor is registered with and uses the E-Verify system to verify the work authorization status of all newly hired employees, that in accordance with such statute,Contractor requires from each of its subcontractors an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien,and that Contractor is otherwise in compliance with Sections 448.09 and 448.095, Fla. Stat. 11. Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement: a. Binding Nature of Agreement. This Agreement is binding upon the successors and assigns of the parties hereto. b. Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. CONTRACTOR recognizes that any representations, statements, or negotiations made by the County staff do not suffice to legally bind the COUNTY in a contractual relationship unless they have been reduced to writing, authorized,and signed by the authorized COUNTY representatives. c. Amendment. No modification,amendment, or alteration in the terms or conditions of this Agreement will be effective unless contained in a written document executed with the same formality as this Agreement. d. Severability. If any term or provision of this Agreement is held,to any extent, invalid or unenforceable,as against any person,entity,or circumstance during the Term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such Page 11 of 15 invalidity will not affect any other term or provision of this Agreement, to the extent that the Agreement will remain operable,enforceable,and in full force and effect to the extent permitted by law. e. Construction. If any provision of this Agreement becomes subject to judicial interpretation,the court interpreting or considering such provision should not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared it. All parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, or the negotiation of specific language, or both, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. f. Headings. All headings in this Agreement are for convenience only and are not to be used in any judicial construction or interpretation of this Agreement or any paragraph. g. Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement does not constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the term of this Agreement. The review of,approval of,or payment for any of CONTRACTOR's work product,services,or materials does not operate as a waiver, and should not be construed as a waiver, of any of the COUNTY's rights under this Agreement, or of any cause of action the COUNTY may have arising out of the performance of this Agreement. h. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary,the parties will not be held liable if failure or delay in the performance of this Agreement arises from fires, floods, strikes,embargos,acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure,act of God,or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. This provision does not apply if the "Scope of Services"of this Agreement specifies that performance by CONTRACTOR is specifically required during the occurrence of any of the events herein mentioned. Compliance/Consistency with Scrutinized Companies Provisions of Florida Statutes.Section 287.135(2)(a),Florida Statutes,prohibits a company from bidding on, submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725, Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida Statutes, further prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services over one million dollars ($1,000,000) if,at the time of contracting or renewal,the company is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, both created pursuant to section 215.473, Florida Page 12 of 15 Statutes,or the company is engaged in business operations in Cuba or Syria.Contractor hereby certifies that Contractor is not listed on any of the following:(i)the Scrutinized Companies that Boycott Israel List,(ii)Scrutinized Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Contractor further hereby certifies that Contractor is not engaged in a boycott of Israel or engaged in business operations in Cuba or Syria. Contractor understands that pursuant to section 287.135,Florida Statutes,the submission of a false certification may subject Contractor to civil penalties, attorney's fees, and/or costs. Contractor further understands that any contract with County for goods or services of any amount may be terminated at the option of County if Contractor(i)is found to have submitted a false certification, (ii)has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is engaged in a boycott of Israel. And, in addition to the foregoing,if the amount of the contract is one million dollars($1,000,000)or more,the contract may be terminated at the option of County if the company is found to have submitted a false certification, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria. j. Disclosure Requirements for "Foreign Countries of Concern". CONTRACTOR shall comply with the disclosure requirements set forth is section 286.101 (3) (a),F.S., which requires"Any entity that applies to a state agency or political subdivision for a grant or proposes having a contract value of$100,000 or more shall disclose to the state agency or political subdivision any current or prior interest of,any contract with,or any grant or gift received from a"foreign country of concern"if such interest,contract,grant or gift received from a "foreign country of concern" if such interest,contract,grant or gift has a value of$50,000 or more and such interest existed at any time or such contract, grant or gift was received or in force at any time during the previous five(5)years.Such disclosure shall contain the name and mailing address of the disclosing entity, the amount of the gift or the value of the interest disclosed,the applicable"foreign country of concern"and,if applicable the date of termination of the contract or interest,the date of receipt of the grant or gift and the name of the agent or controlled entity that is the source or interest holder.Within one(1)year before applying for any grantor proposing any contract,such entity must provide a copy of such disclosure to the Department of Financial Services". Pursuant to section 268.101(7), F.S.: "In addition to any fine assessed under (section 286.101(7)(a), F.S.], a final order determining a third or subsequent violation by an entity other than a state agency or political subdivision shall automatically disqualify the entity from eligibility for any grant or contract funded by a state agency or any political subdivision until such ineligibility is lifted by the Administration Commission for good cause." k. Non-appropriation. COUNTY's performance and obligation to pay under this Agreement is contingent upon an appropriation during the COUNTY's annual budget approval process. If funds are not appropriated for a fiscal year,then the CONTRACTOR shall be notified as soon as is practical by memorandum from the County Administrator or designee that funds have not been appropriated for continuation of the Agreement,and the Agreement shall expire at the end of the fiscal year for which funding has been appropriated. The termination of the Agreement Page 13 of 15 at fiscal year end shall be without penalty or expense to the COUNTY subject to the COUNTY paying all invoices for services rendered during the period the Agreement was funded by appropriations I. Law; Venue.This Agreement is being executed in Okeechobee County,Florida and is governed in accordance with the laws of the State of Florida. Venue of any action hereunder will be in Okeechobee County,Florida. 12.Special Provisions. a. This Agreement may be signed in Counterparts and electronic copies shall be treated as originals. (SIGNATURE PAGE FOLLOWS) Page 14 of 15 C.W.ROBERTS CONTRACTING INC. INDEPENDENT CONTRACTOR'S AGREEMENT 2024 SIGNATURE PAGE IN WITNESS WHEREOF', the parties hereto have signed and scaled this Agreement effective the date first written above. OKEf C-ItOBrE COUNTY,a political subdivision of the State ol'J-lorida 7) �� f ,), DIX.YLD" G`fU.& EC< IEf, CEIAIRMAN BOARD Or COUNTY M ISSIONERS ATTEST: (Seal) Cain .C)g CA,(AUJ - OC JERALD D. BRYANT.CLERK OF TI-IE CIRCUIT COURT&COMPTROLLER Date signed by COUNTY: 8I 2c1 120T-1 C.W.ROBERTS CONTRACTING,INC. Digitally signed by Daniel A Daniel A Hoyt Diet:2O21DS.:6,764:11 by .DAM ROBERT P. FLOWERS. rrs PRESIDENT AND AUTHORIZED AGENT . (CORPORATE SEAL) ��:►'� ATTEST: Signature:. t:-.P- - Printed Name: MG\f-h ./ \1 t.fr 2 Title:Corporate Secretary Date:. I Ii1 zozu ---- a''•- 0 Page 15 of 15 FEXHIBIT"A" to Independent Contractor's Agreement-C.W. Roberts Contracting, Inc.] WORK AUTHORIZATION FOR INDEPENDENT CONTRACTOR'S AGREEMENT Pursuant to that certain INDEPENDENT CONTRACTOR'S AGREEMENT dated the 29th day of August, 2024, (hereinafter referred to as the "INDEPENDENT CONTRACTOR'S AGREEMENT")by and between OKEECHOBEE COUNTY,a political subdivision of the State of Florida (hereinafter the "COUNTY") and C.W. ROBERTS CONTRACTING, INC., a Florida corporation (hereinafter"CONTRACTOR"), the parties agree as follows: 1. Scope of Services: CONTRACTOR shall be responsible for providing and shall provide the services described in the Scope of Services, which is set forth in the Scope of Services attached hereto as Exhibit"A"and incorporated herein by reference. Any conflict between the terms and conditions set forth in Exhibit"A"to this WORK AUTHORIZATION shall be resolved in favor of the body of the INDEPENDANT CONTRACTOR'S AGREEMENT. 2. Payment: In consideration of the performance of the Scope of Services, the COUNTY agrees to pay CONTRACTOR for all work actually performed, at the rate or basis described in Exhibit"A"to the INDEPENDANT CONTRACTOR'S AGREEMENT.The estimated cost for each component task is set forth in Exhibit "A" to this WORK AUTHORIZATION, which is attached hereto and incorporated herein by reference; provided that in no event shall the payment to CONTRACTOR exceed S 1,500,000.00 . The COUNTY reserves the right to ratably withhold amounts in the event of the nonperformance of all or part of CONTRACTOR's obligations. The CONTRACTOR shall, without additional compensation, correct and revise any errors, omissions or other deficiencies in its work product,services,or materials arising from the error or omission or negligent act of CONTRACTOR. 3. Time for Completion: CONTRACTOR shall commence the Scope of Services upon receipt of the fully executed WORK AUTHORIZATION. CONTRACTOR shall perform the Scope of Services in an expeditious and orderly manner to meet the schedule of the tasks set forth in the Scope of Services as mutually agreed to with the COUNTY. When time periods for services are indicated in Exhibit"A",CONTRACTOR shall complete the services within the time periods indicated. Final completion shall occur after (1) CONTRACTOR has completed its final walk through of the project and submitted its final report;and(2)the final invoice has been issued. 4. Project Manager: The COUNTY's Project Manager for this WORK AUTHORIZATION is Darren Brown,Director of Public Works or his authorized designee. CONTRACTOR's Project Manager for this WORK AUTHORIZATION is Dan Hoyt 5. Independent Contractor's Agreement: This WORK AUTHORIZATION shall be subject to the terms,conditions,and provisions of the INDEPENDENT CONTRACTOR'S AGREEMENT. Page 1 of 2 (EXHIBIT"A"to Independent Contractor's Agreement-C.W.Roberts Contracting,Inc.J 6. Other; This WORK AUTHORIZATION may be signed in counterparts and electronic copies shall be deemed as originals. IN WITNESS WHEREOF, the parties hereto have signed and sealed this Work Authorization is effective the date first written above. OKEE(:HOBEE COUNTY,a political subdivision/of die State f Florida DDANID E. EIAZEl:(1 10E1MRMAN BOARD OF COUNTY OMMISScONERS ATTEST: C(I,U.1 �t7'r�1t„v�`l 1 U L (Seal) JERALD D.BRYANT.CLERK OF THE CIRCUIT COURT&COMPTROLLER Date signed by COUNTY: (2(-1 I )02Ll C.W. ROBERTS CONTRACTING,INC. Daniel A Hoyt:.9:2y,ig�edlryD.c.75 AHuy� byDale:2o240B.242:01:58-0a'oo' ROI3ERT P. FLOWERS. ITS PRESIDENT AND AUTHORIZED AGENT (CORPORATE SEAL) ATTEST: „,,,,,,,,,,,,,, n4. /7� Printed Name: NW eAN . •"•" _ Title:Corporate Secretary - • Date: I 112 I ZDZ([ ,• -• Page 2of2 EXHIBIT "B" Okeechobee County 2024 paving list Milling Req Roads footage est sub division/area NE 8th st from NE 16th ave to NE 14th ave - 530 ft douglas park NE 7th st from NE 15th ave to ne 14th ave 230 ft douglas park NE 15th ave from NE 8th st to NE 12th st 1645 ft douglas park NE 10th st from NE 16th ave to NE 14th ave 518 ft douglas park NE 13th st from NE 16th ave to NE 17th ave 323 ft douglas park NE 17th ave from NE 13th st to NE 15th st 525 ft douglas park NE 15th st from NE 17th ave to NE 16th ave 323 ft douglas park SE 38th ave from SE 6th st to SE 37th terr 900 ft conners gable SE 6th st from SE 36th terr to SE 40th ave 1300 ft conners gable SE 86th Blvd(15A)from US 441 to Hwy 710 4526 ft Okeechobee Hammock NW 96th ct from NW 80th ave to the end 2625 ft Dixie Ranch NW 7th St from NW 18th Av to end 560 ft Okeechobee Park Area NW 9th st from SR 98 to city limits 2450 ft Lawrence Industrial Area SW 144th Pkwy&SW 16th Dr. 140ft River Oak Acres SW 13th st from SW 67th DR to the end 4775 ft lazy 7 area SW28th Terrace from SW 8th St to end 1525 ft Pine Acres NW 72nd ave from new asphalt to the end 5415 ft dinner island NW 364th RD from SR 441 to NW 4th Dr 1500 ft fort drum ranchettes NW 8th terr from nw 364th rd to NW 366th trail 665 ft fort drum ranchettes NW 366th trail to the end at the turnpike 6210 ft fort drum ranchettes NE 301st blvd from NE 304th st to NE 48th Ave 5305 ft Ft Drum Cemetery rd NE 48th Ave from NE 301st blvd to NE 304th St 4500 ft Ft Drum Cemetery rd NE 28th Ave(Ellerby Rd)from hwy 70 to End 2360 ft pine ridge estates NE 30th terr from NE 11th In to NE 8th st 1065 ft pine ridge estates NE 31st terr from NE 11th In to NE 8th st 1065 ft pine ridge estates This list is in order of importance...And will be modified as needed. EXHIBIT "C" V.BID PROPOSAL Page 1 of 2 RFP 2024-01 OKEECHOBEE COUNTY ASPHALT RESURFACING AND NEW ROAD CONSTRUCTION The undersigned bidder has carefully examined the bid documents and the contract documents,the site of work and is familiar with the nature and extent of the work,and any local conditions that may in any manner affect the work to be done and the equipment, materials, labor and expertise required and accordingly submits the following bid: ITEM NO.I: Furnish and place SP-9.5 (Superpave)Asphalt,including tack coat: 1 to 20 Tons $ 2,770.00 /Ton 20 to 50 Tons $ 900.00 /Ton Over 50 Tons $ 191.00 /Ton ITEM NO.2: Mill Transitions in existing asphalt five feet(5')wide with a minimum depth of one inch (1")at the tie in location to zero inches(0").The linear foot price shall be the total length of the milled joint at the tie. 1'to 20' $ 240.00 /Linenr Foot 21'to 100' S 40.00 /Linear Foot Over 100' $ 13.50 /Linear Foot ITEM NO.3:Asphalt Milling.Removal and Disposal-.1"Average Depth: 0 to 100 S.Y. $ 300.00 /Square Yard 101 to 500 S.Y. $ 60.00 /Square Yard 501 to 1000 S.Y. S 22.00 /Square Yard Over 1000 S.Y. S 4.00 /Square Yard ITEM NO.4:Asphalt Milling,Haul to County Stockpile*—1"Average Depth: 0 to 100 S.Y. $ 300.00 /Square Yard 101 to 500 S.Y. S 60.00 /Square Yard 501 to 1000 S.Y. S 22.00 /Square Yard Over 1000 S.Y. S 4 00 /Square Yard '`County stockpile is located at 2442 US Highway 441 North(access is from NW 23rd Lane just west of US 441) ITEM NO.5: Full Size(7'+/-)Road Miller $ 14,000.00 /Day ITEM NO.6:Painted Pavement Markings 6"Solid White 0—20001f $ 0.35 /Linear Feet 6"Solid White 2001 to 5000 If $ 0.50 /Linear Feet 6"Solid White over 50001f S 0.50 /Linear Feet 6"Solid Yellow 0—2000 If $ 0.35 /Linear Feet 6"Solid Yellow 2001 to 50001f S 0.5 0 /Linear Feet I I D56-0002 16 5 5.I ADMINI 16 6"Solid Yellow over 5000 If $ 0,50 /Linear Feet 6"10'-30'Skip White 0-1 mi $ 2,500.00 /Gross Mile 6"10'-30'Skip White 1 to 5 mi $ 725.00 /Gross Mile 6"10'-30'Skip White over 5 mi $ 725.00 /Gross Mile 6"10'—30 Skip Yellow 0-1 mi 5 850.00 /Gross Mile 12"Solid White 0—500 If $ 2.50 /Linear Feet 12"Solid White over 500 If $ 2.25 /Linear Feet 24"Solid White 0—100 If $ 3.50 /Linear Feet 24"Solid White over 100 If $ 3.00 /Linear Feet Does the bidder have evidence of being an FOOT approved vendor?Yes x No Does the bidder take any exceptions to the Bid Specifications?Yes No X If"Yes",please detail those exceptions on this form.[Additional signed&dater!-heets may be used]. • Acknowledgement of Addendums:(Initial and date) Addendum: Number l: Initial 04/23/24 Date Addendum: Number 2: Initial 04/23/24 Date Addendum: Number 3: Initial 04/23/24 Date Contractor is able to start paving within 30 days after"Notice to Proceed"/Purchase Order is rec ilAii) l1 AT4L,BA8 SI znz Authorized Signature Date C.W.Roberts Contracting,Inc. Company Name 8530 SW Jayme Way,Palm City,FL 34990,772-288-0951 Address and phone numbers. END OF BID PROPOSAL [1056-00021655.I ADMIN J 17 Select Year: 2023 v Go The 2023 Florida Statutes (including Special Session C) Title XIX ChapieL.287 View.Entire Chap PUBLIC BUSINESS PROCUREMENT OF PERSONAL PROPERTY AND SERVICES 287.057 Procurement of commodities or contractual services.— (1) The competitive solicitation processes authorized in this section shall be used for procurement of commodities or contractual services in excess of the threshold amount provided for CATEGORY TWO in s.287.017. Any competitive solicitation shall be made available simultaneously to all vendors,must include the time and date for the receipt of bids,proposals,or replies and of the public opening, and must include all contractual terms and conditions applicable to the procurement, including the criteria to be used in determining acceptability and relative merit of the bid,proposal,or reply. (a) invitation to aril.—The invitation to bid shall be used when the agency is capable of specifically defining the scope of work for which a contractual service is required or when the agency is capable of establishing precise specifications defining the actual commodity or group of commodities required. 1. All invitations to bid must include: a. A detailed description of the commodities or contractual services sought;and b. If the agency contemplates renewal of the contract,a statement to that effect. 2. Bids submitted in response to an invitation to bid in which the agency contemplates renewal of the contract must include the price for each year for which the contract may be renewed. 3. Evaluation of bids must include consideration of the total cost for each year of the contract,including renewal years,as submitted by the vendor. 4. The contract shall be awarded to the responsible and responsive vendor who submits the lowest responsive bid. (b) Request for proposals.—An agency shall use a request for proposals when the purposes and uses for which the commodity, group of commodities,or contractual service being sought can be specifically defined and the agency is capable of identifying necessary deliverables. Various combinations or versions of commodities or contractual services may be proposed by a responsive vendor to meet the specifications of the solicitation document. 1. Before issuing a request for proposals,the agency must determine and specify in writing the reasons that procurement by invitation to bid is not practicable. 2. All requests for proposals must Include: a. A statement describing the commodities or contractual services sought; b. The relative Importance of price and other evaluation criteria;and c. If the agency contemplates renewal of the contract,a statement to that effect. 3. Criteria that will be used for evaluation of proposals must include, but are not limited to: a. Price,which must be specified In the proposal; b. If the agency contemplates renewal of the contract,the price for each year for which the contract may be renewed; c. Consideration of the total cost for each year of the contract,including renewal years, as submitted by the vendor; and d. Consideration of prior relevant experience of the vendor. only from a single source, the agency shall electronically post a description of the commodities or contractual services sought for at least 15 business days.The description must include a request that prospective vendors provide information regarding their ability to supply the commodities or contractual services described.If it is determined in writing by the agency, after reviewing any information received from prospective vendors that the commodities or contractual services are available only from a single source, the agency shall provide notice of its intended derision to enter a single-source purchase contract in the manner specified in s.J70 57(3).Each agency shall report all such actions to the department on a quarterly basis in a manner and form prescribed by the department,and the department shall report such information to the Governor,the President of the Senate,and the Speaker of the House of Representatives no later than each January 1. (d) Prescriptive assistive devices for the purpose of medical, developmental,or vocational rehabilitation of clients are excepted from competitive-solicitation requirements and shall be procured pursuant to an established fee schedule or by any other method that ensures the best price for the state,taking into consideration the needs of the client. Prescriptive assistive devices include, but are not limited to,prosthetics,orthotics,and wheelchairs. For purchases made pursuant to this paragraph, state agencies shall annually file with the department a description of the purchases and methods of procurement. (e) The following contractual services and commodities are not subject to the competitive-solicitation requirements of this section: 1. Artistic services.As used in this subsection,the term"artistic services"does not include advertising or typesetting.As used in this subparagraph, the term"advertising"means the making of a representation in any form in connection with a trade,business,craft, or profession in order to promote the supply of commodities or services by the person promoting the commodities or contractual services. 2. Academic program reviews If the fee for such services does not exceed$50,000. 3. Lectures by Individuals. 4. Legal services, including attorney, paralegal, expert witness,appraisal,or mediator services. 5. Health services involving examination, diagnosis,treatment, prevention, medical consultation,or administration.The term also includes, but is not limited to,substance abuse and mental health services involving • examination,diagnosis, treatment,prevention,or medical consultation if such services are offered to eligible individuals participating in a specific program that qualifies multiple providers and uses a standard payment methodology. Reimbursement of administrative costs for providers of services purchased in this manner are also exempt. For purposes of this subparagraph, the term"providers"means health professionals and health facilities, or organizations that deliver or arrange for the delivery of health services. 6. Services provided to persons with mental or physical disabilities by not-for-profit corporations that have obtained exemptions under s. 501(c)(3)of the United States Internal Revenue Code or when such services are governed by Office of Management and Budget Circular A-122. However,in acquiring such services, the agency shall consider the ability of the vendor,past performance,willingness to meet time requirements,and price. 7. Medicaid services delivered to an eligible Medicaid recipient unless the agency is directed otherwise in law. 8. Family placement services. 9. Prevention services related to mental health, including drug abuse prevention programs,child abuse prevention programs,and shelters for runaways,operated by not-for-profit corporations.However, in acquiring such services, the agency shall consider the ability of the vendor,past performance,willingness to meet time requirements,and price. 10. Training and education services provided to injured employees pursuant to s.440.491(6). 11. Contracts entered into pursuant to s.337.11. 12. Services or commodities provided by governmental entities. 13. Statewide public service announcement programs provided by a Florida statewide nonprofit corporation under s. 501(c)(6)of the Internal Revenue Code which have a guaranteed documented match of at least$3 to Si. (f) Continuing education events or programs that are offered to the general public and for which fees have been collected which pay all expenses associated with the event or program are exempt from requirements for competitive solicitation. (10) An agency shall not divide the solicitation of commodities or contractual services so as to avoid the requirements of subsections (1)-(3). (11) A contract for commodities or contractual services may be awarded without competition If state or federal law prescribes with whom the agency must contract or if the rate of payment or the recipient of the funds is established during the appropriations process. (12) If two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. (13) Extension of a contract for commodities or contractual services must be in writing for a period not to exceed 6 months and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties. There may be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor. (14) Contracts for commodities or contractual services may be renewed for a period that may not exceed 3 years or the term of the original contract,whichever is longer. Renewal of a contract for commodities a contractual services must be in writing and i subject to the same terms and conditions set forth t1 the initial contract and any written amendments signed by the parties. If the commodity or contractual service is purchased as a result of the solicitation of bids, proposals,or replies, the price of the commodity or contractual service to be renewed must be specified in the bid,proposal,or reply, except that an agency may negotiate lower pricing.A renewal contract may not include any compensation for costs associated with the renewal.Renewals are contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds. Exceptional purchase contracts pursuant to paragraphs (3)(a)and(c)may not be renewed.With the exception of subsection (11), if a contract amendment results in a longer contract term or Increased payments, a state agency may not renew or amend a contract for the outsourdng of a service or activity that has an original term value exceeding$5 million before submitting a written report concerning contract performance to the Governor,the President of the Senate, and the Speaker of the house of Representatives at least 90 days before execution of the renewal or amendment. (15)(a) For each contractual services contract, the agency shall designate an employee to function as contract manager who is responsible for enforcing performance of the contract terms and conditions and serves as a liaison between the contractor and the agency. The contract manager may not be an individual who has been employed, within the previous 5 years,by the vendor awarded the contractual services contract.The primary responsibilities of a contract manager include: 1. Participating in the solicitation development and review of contract documents. 2. Monitoring the contractors progress and performance to ensure procured products and services conform to the contract requirements and keep timely records of findings. 3. Managing and documenting any changes to the contract through the amendment process authorized by the terms of the contract. 4. Monitoring the contract budget to ensure sufficient funds are available throughout the term of the contract. 5. Exercising applicable remedies,as appropriate, when a contractor's performance is deficient. (b) Each contract manager who is responsible for contracts in excess of the threshold amount for CATEGORY TWO must,at a minimum, complete training conducted by the Chief Financial Officer for accountability in contracts and grant management. The Chief Financial Officer shall evaluate such training every 5 years to assess its effectiveness and update the training curriculum.The Chief Financial Officer shall establish and disseminate uniform procedures pursuant to s. 17.03(3)to ensure that contractual services have been rendered in accordance with the contract terms before the agency processes the invoice for payment. The procedures must include,but need not be limited to,procedures for monitoring and documenting contractor performance,reviewing and documenting all deliverables for which payment is requested by vendors, and providing written certification by contract managers of the agency's receipt of goods and services. (18) Any person who supervises contract administrators or contract or grant managers that meet criteria for certification in subsection(15)shall annually complete public procurement training for supervisors within 12 months after appointment to the supervisory position. The department is responsible for establishing and disseminating the training course content required for supervisors. (19)(a)1. Each agency must avoid,neutralize, or mitigate significant potential organizational conflicts of interest before a contract Is awarded.If the agency elects to mitigate the significant potential organizational conflict or conflicts of Interest,an adequate mitigation plan,including organizational,physical, and electronic barriers,shall be developed. 2. If a conflict cannot be avoided or mitigated,an agency may proceed with the contract award if the agency head certifies that the award is in the best interests of the state.The agency head must specify in writing the basis for the certification. (b)1. An agency head may not proceed with a contract award under subparagraph(a)2.if a conflict of interest Is based upon the vendor gaining an unfair competitive advantage. 2. An unfair competitive advantage exists when the vendor competing for the award of a contract obtained: a. Access to information that is not available to the public and would assist the vendor in obtaining the contract;or b. Source selection information that is relevant to the contract but is not available to all competitors and that would assist the vendor in obtaining the contract. (c) A person who receives a contract that has not been procured pursuant to subsections(1)•(3)to perform a feasibility study of the potential implementation of a subsequent contract,who participates in the drafting of a solicitation or who develops a program for future implementation,is not eligible to contract with the agency for any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a request for information from being eligible to contract with an agency. (20) Each agency shall establish a review and approval process for all contractual services contracts costing more than the threshold amount provided for in s.287.017 for CATEGORY THREE which shall include,but not be limited to, program, financial, and legal review and approval. Such reviews and approvals shall be obtained before the contract is executed. (21) In any procurement that costs more than the threshold amount provided for ins.287.017 for CATEGORY TWO and is accomplished without competition,the individuals taking part in the development or selection of criteria for evaluation,the evaluation process,and the award process shall attest in writing that they are independent of, and have no conflict of interest in, the entities evaluated and selected. (22) Nothing in this section shall affect the validity or effect of any contract in existence on October 1, 1990. (23) An agency may contract for services with any independent,nonprofit college or university which is located within the state on the same basis as it may contract with any state university or college if the independent, nonprofit college or university: (a) Is accredited by the Southern Association of Colleges and Schools;or (b) Is authorized to operate within this state pursuant to chapter 1005,offers a professional degree,and is accredited by the Middle States Commission on Higher Education. (24) The department, in consultation with the Chief Financial Officer and the state chief information officer, shall maintain a program for online procurement of commodities and contractual services.To enable the state to promote open competition and leverage its buying power,agencies shall participate in the online procurement program, and eligible users may participate In the program. Only vendors prequalifled as meeting mandatory requirements and qualifications criteria may participate in online procurement. (a) The department may contract for equipment and services necessary to develop and implement online procurement. (b) The department shall adopt rules to administer the program for online procurement.The rules must include,but not be limited to: 1. Determining the requirements and qualification criteria for prequalifying vendors. team meeting. The contractor must respond to the team's questions within 10 business days after receiving the written questions.The questions and responses must be included in the contract file. (d) The continuing oversight team must notify,in writing: 1. The agency head and the department of any deficiency in a contractor's performance which substantially affects the pace of deliverables or the likelihood of the successful completion of the contract. 2. The agency head, the department,and the Office of Policy and Budget In the Executive Office of the Governor of any significant change in contract scope or any Increase In the cost of the contract that is 5 percent of the planned contract cost or greater within the fiscal year for contractual service contracts of at least$5 million. 3. The agency head, the department, the Office of Policy and Budget in the Executive Office of the Governor, and the legislative appropriations committees of any significant change in contract scope or any increase in the cost of the contract that Is 5 percent of the planned contract cost or greater within the fiscal year for contractual service contracts of$10 million or greater. (27)(a) in determining whether a vendor is a responsible vendor,an agency may establish financial stability criteria and require a vendor to demonstrate its financial stability. If an agency requires a vendor to demonstrate its financial stability during the competitive solicitation process, the agency must accept any of the following as evidence of the vendor's financial stability: 1. Audited financial statements that demonstrate the vendor's satisfaction of financial stability criteria. 2. Documentation of an Investment grade rating from a credit rating agency designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission. 3.a. For a vendor with annual revenues exceeding$1 billion, a letter containing a written declaration, pursuant to s.97.525,issued by the chief financial officer or controller attesting that the vendor is financially stable and meets the definition of financial stability In paragraph lb). b. For a vendor with annual revenues of$1 billion or less,documentation,based on criteria established by the agency,evidencing that the vendor is financially stable and meets the definition of financial stability In paragraph (b).The criteria established by the agency shall be reasonably related to the value of the contract and may not include audited financial statements. (b) For purposes of this subsection, the term"financial stability"means, at a minimum,having adequate income and capital and the capacity to efficiently allocate resources, assess and manage financial risks,and maintain financial soundness through the term of the contract. (c) This subsection does not preclude an agency from requiring a performance bond for the duration of the contract, when appropriate. (28) An agency may substitute verifiable, related work experience in lieu of postsecondary education requirements for contractual services pursuant to s. 112.219 if the person seeking the contract for services is otherwise qualified for such contract. History,-s.1,ch.73-4;s.2,di.80.206;s,4,ch.80-374;5.1,ch.82-121;s.9,ch.82-1%;s.3,ch.83-99;s.3,ch.83-192;s.7,ch.86- 204;s.9,ch.88-384;s. 1,ch.89.377;s.17,ch.90.268;s.8,ch.91-162;s.251,ch.92.279;s.55,ch.92.326;s.7,ch.93-161;s.11,ch. 94-322;s.869,ch.95-148;s.6,ch.96-236;s.30,di.97-153;s.82.ch.98-279;s.II,ch.99-4;s.50,ch.99.8;s.45,ch.99-399;s.33,ch. 2000-164;s. 11,ch.2000-226;s.56,ch.2001-61;s.4,ch.2001-278;s.37,ch.2032.1;s.15,ch.2002.207;s.331,ch.2003-261;s.20,ch. 20045;ss.9,58,ch.2004-269;s.1,ch.2005-59;ss.6,15,ch.2005-71;s.6,ch.2006-2;s.4,ch.2006.26;s.19,ch.2036.79;s.25,di. 2006-195;s.1,ch.2006-224;s.8,d1.2007-6;s. 15,ch.2007-105;s.6,ch.2008-5;s.13,ch.2008-116;s.5,ch.2008-153;s.4,ch.2009- 227;s.9,di.2010.4;s-19,ch.2010.151;s.13,ch.2012-32;ss.5,6,ch.2013.154;s.1,ch.2014-135;s.25,ch.2014-221;s 19,ch.2019- 118;s.1,ch.2020-117;s.4,ch.2021-225;s.1,ch.2022-216;s.59,ch.2023.8;s.3,ch.2023-256. Copyrlgh.t m 1995-2024 The Florida Legislature•Privacy Statement•Contact Us Piggyback Agreement Between the City of Okeechobee and C.W.Roberts Contracting, Incorporated Page I0 EXHIBIT C AFFIDAVIT OF NON-COERCION FOR LABOR AND SERVICES AFFIDAVIT OF NON-COERCION FOR LABOR AND SERVICES (FLORIDA STATUTES SECTION 787.06(13)) State of Florida )ss. County of Martin Personally appeared before me,the undersigned authority Daniel A Hoyt("Affiant"),who being first duly sworn, deposes and says on oath and under penalty of perjury as follows: I. That they are of legal age, have personal knowledge of the facts herein stated,and are duly authorized to make this affidavit(the"Affidavit") as Authorized Signer on behalf of C. W.Roberts Contracting, Inc. ("the Entity"). II. That to the best of Affiant's knowledge,the Entity does not engage in any of the following activities as part of its employment practices: 1. Using or threatening to use physical force against any person: 2. Restraining,isolating,or confming or threatening to restrain,isolate,or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document,of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit;or 7. Providing a controlled substance to any person for the purpose of exploitation of that person. III. That this Affidavit is being given to evidence compliance with the law. FURTHER AFFIANT SA,YETH NOT. Si. ture The foregoing instrument was sworn to and subscribed before me by means of[_x] physical presence or L] online notarization, this 29th day of October, 2024, by Daniel A Hoyt as Area Manager of C. W. Roberts Contracting,Inc. on its behalf,who[x] is personally known to me or L]has produced a driver's license as identification. [Notary Seal] Notary Public :;�„jx ��•.. DIANNE LYNN BEASLEY I ` J r%� Notary Public•State of Florida 1 5' p Commission N NH 458203 ( Printed Name: Dianne Lynn Beasley ry?or n My Comm.Expires Nov 26,razz ' ••Bonded through National Notary Assn. oiimaimeemormrommer My Commission Expires: 11/26/2027 ACO120 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,ANDTHE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Martha Lee Hawkins/Ext 9406 NAME: McGriff Insurance Services,LLC PHONE 1-800-476-2211 FAX 2000 International Park Drive (A/c,No,Ext): (A/C,No): Suite 600 E-MAIL Birmingham,AL 35243 ADDRESS:mhawkins@mcgriff.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Arch Insurance Company 11150 _ INSURED INSURER B:Allied World National Assurance Company 10690 C.W.Roberts Contracting,Inc. 8530 SW Jayme Way INSURER C: Palm City,FL 34990 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:000ZM6MB REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY ZAGLB9247603 10/01/2024 10/01/2025 EACH OCCURRENCE $ 6,000,000_ CLAIMS-MADE X OCCUR DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 12,000,000 POLICY X E n LOC PRODUCTS-COMP/OP AGG $ 12,000,000 OTHER: $ A AUTOMOBILE LIABILITY ZACAT9276803 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT (Ea accident) $ 6,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ B UMBRELLA LIAB X OCCUR 03125099 10/01/2024 10/01/2025 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION/S $ A WORKERS COMPENSATION ZAWC19966603 10/01/2024 10/01/2025 X PS 13 STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ r 9t 11 $?gM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) A -O hCEIVED -1 v N OCT 3 0 2014 6 CERTIFICATE HOLDER CANCELLATION �° Zf (( O� 6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Okeechobee AUTHORIZED REPRESENTATIVE //� 55 SE 3rd Avenue Okeechobee,FL 34974 Page 1 of 1 ©1 988-201 5 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD