Project Description CITY OF OKEECHOBEE
INVITATION TO BID
CITY OF OKEECHOBEE SE 4111 STREET DRAINAGE
IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
No. PW 04-10-05-23
OPENING DATE AND TIME: JUNE 14, 2023, at 3:00 P.M.
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Prepared by: David Allen, Public Works Director
Dated: April 28, 2023
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department
CITY OF OKEECHOBEE
CITY COUNCIL
Bid No. PW 04-10-05-23
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
DOWLING R. WATFORD, JR., MAYOR
MONICA CLARK, VICE MAYOR
NOEL CHANDLER
BOB JARRIEL
DAVID MCAULEY
GARY RITTER, CITY ADMINISTRATOR
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department
TABLE OF CONTENTS
CITY OF OKEECHOBEE
SE 4111 STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
PW 04-10-05-23
Invitation to Bid Advertisement Form 1
Section I General Information 2
Section II Submission Requirements 3
Section III Bid Documentation 4 - 5
Section IV Minimum Qualifications for Bidders 6 - 7
Section V Bonding and Insurance Requirements 8 - 24
Section VI Rejection of Bid 25
Section VII Agreement for Services 26— 33
Section VIII Miscellaneous 34 — 35
Exhibits
A Governing Specifications 36 — 212
B Bid Unit Price Schedule 213
C Project Plans 214-219
D FDEP Grant Agreement LPQ0007 220-246
Attachments:
A No Lobbying Affidavit 247
B Anti-Collusion Statement and No Gift Statement 248
C Proposer's Certification 249
D Sworn Statement Pursuant to Section 287.133(3)(a), FL § on
Public Entity Crimes 250—251
E Conflict of Interest Disclosure Form 252
F Immigration Law Certification 253
G Drug-Free Workplace Certification 254
H Reference Form 255
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department
INVITATION TO BID NO. PW 04-10-05-23
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
Mandatory Pre-Bid: May 31,2023, 10:30 AM
Opening Date and Time: June 14,2023, 3:00 PM
The City of Okeechobee, Florida is currently soliciting bids for commercial stormwater improvement services
including pipe and structure installation and site restoration.
Sealed bids must be received within the General Services Department at City Hall, 55 SE 3rd Avenue, Rm
101, Okeechobee, FL 34974, no later than 3:00 PM EST on or before Wednesday, June 14, 2023. All
responses received by the deadline will be opened and recorded in the presence of one or more witnesses
within the Council Chambers, Rm 200, at the address listed above. Any bids received after the above noted
date and time will not be opened or considered. Facsimile or emailed bids will not be accepted.
A MANDATORY Pre-Bid Meeting will be held on Wednesday, May 31, 2023, at 10:30 A.M. in the Council
Chambers, Rm 200, at the address listed above. Bidders MUST attend this meeting in order to submit for this
bid.
Product specifications are available in the Bid Packets that may be obtained on the City's website:
www.cityofokeechobee.com/contracting-opportunities.html, or from the General Services Department at City
Hall during normal office hours, Mon-Fri, 8 AM-4:30 PM,except holidays,or by contacting Patty Burnette,863-
763-3372 x 9820, or via email at pburnettecityofokeechobee.com. Questions concerning the scope of work
are to be directed to Public Works Director David Allen, dallencityofokeechobee.com. NOTE: Bonding
Requirements Apply to this Bid Opportunity.
Bid submittals must be within a sealed envelope and contain two(2)clearly identified originals and one(1)copy
of the bid,with the outside of the envelope clearly labeled "BID NO.PW 04-10-05-23 CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS, FDEP GRANT AGREEMENT LPQ0007, 6-14-23, 3:00
PM"with the submitting Company Name, and Return Address. Bids may be mailed, hand delivered and/or
express mailed to the address listed above. Firms properly registered in the State of Florida are encouraged to
submit their bid for consideration.
It is the sole responsibility of the Bidder to deliver personally or by mail, their bid to the General Services
Department on or before the closing hour and date for the receipt of bids as noted above.
This solicitation does not commit the City of Okeechobee to award any contracts, to pay any costs incurred in
the preparation of a response to this bid, or to contract for any services. The City Council reserves the right to
reject any or all bids, to waive informalities and to accept or reject all or part of any bid, as they may deem to
be in the best interests of the City of Okeechobee. Responses to this bid,upon receipt by the General Services
Department, will become public records subject to provisions of Florida Statute Chapter 119 Florida Public
Records Law.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 1
Johnson-Davis,Inc.
604 Hillbrath Dr.
Lantana,FL 33462
Phone:(561)588-1170
Fax: (561)585-3252
SECTION I
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
PW 04-10-05-23
GENERAL INFORMATION
All responses which comply with the requirements of this Bid will be considered.
Submittals must be made in the official name of the Firm or Individual under which business
is conducted (showing official business address) and must be signed in ink by a person duly
authorized to legally bind the person, Partnership, Company, or Corporation submitting the
response to this Bid.
Two clearly identified originals and one copy of your bid submittal are required.
Bid submittals will be received by the General Services Department until 3:00 p.m. on June
14, 2023.
Bid submittals are to be mailed, hand-delivered, and/or Express Mail to:
City of Okeechobee
General Services Department
55 S.E. 3rd Avenue, Room 101
Okeechobee, FL 34974
The submitting offeror is required to have printed on the sealed envelope or wrapping
containing their submission their Company name and return address, the Bid Number,
Title, Opening Date and Time.
Bids received after the date and time specified above shall be returned to the sender
unopened. Facsimile or emailed bids will not be accepted.
All bids shall remain in effect for a period of ninety (90) days after the last day on which bids
must be submitted.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 2
Johnson-Davis,Inc.
604 Hillbrath Dr.
Lantana,FL 33462
Phone:(561)588-1170
Fax: (561)585-3252
SECTION II
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
PW 04-10-05-23
SUBMISSION REQUIREMENTS
The bidder shall submit two (2) original clearly identified originals and one copy of
the following:
1. Bid Documentation Form (Section III)
2. Minimum Qualifications for Bidders Form (Section IV) and three (3)
references (Attachment H)
3. Bid Bond
4. Performance Bond
5. Bid Unit Price Schedule (Section VII, Exhibit B)
In addition to the above, please complete the following forms that must be returned
with your bid:
Attachment A— No Lobbying Affidavit
Attachment B —Anti Collusion Statement and No Gift Statement
Attachment C — Proposer's Certification
Attachment D — Sworn Statement Pursuant to Section 287.133(3)(a),
FL Statutes on Public Entity Crimes
Attachment E — Conflict of Interest Disclosure
Attachment F— Immigration Law Certification
Attachment G — Drug Free Workplace Certification
Attachment H — Reference Form
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 3
Johnson-Davis,Inc.
604 Hillbrath Dr.
Lantana,FL 33462
Phone:(561)588-1170
Fax: (561)585-3252
SECTION III
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS,
FDEP GRANT AGREEMENT LPQ0007
PW 04-10-05-23
BID DOCUMENTATION
Johnson-Davis, Incorporated
(BIDDER'S COMPANY NAME)
City Council
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, FL 34974
I have received the documents titled CITY OF OKEECHOBEE SE 4TH STREET DRAINAGE
IMPROVEMENTS, FDEP GRANT AGREEMENT LPQ0007, Project No. PW 04-10-05-23.
I have also received addendum number 1 through 1 and have included these
provisions in my Bid. I have examined both the Bid documents and the construction site
and submit the following Bid in which I agree:
1. To hold my Bid open until an agreement has been executed between the
City of Okeechobee and accepted Bidder, or until ninety (90) days after Bids
are opened, whichever is longer.
2. Regarding the Disposition of Bid Security: to accept the provisions of the
Instructions to the Bidders.
3. To accomplish the work included in, and in accordance with the Contract
Documents, if this Bid is accepted.
4. To start work within 60 calendar days from the Notice to Proceed and there
after completing the work within 60 calendar days of commencement of
work.
5. Regarding Compensation for the proposed work: if this Bid is accepted, I will
construct this project on a unit price basis as reflected in the Bid Unit Price
Schedule, Exhibit B of this agreement. Payment will be made upon invoice
after completion of all work. NOTE: The City shall not be liable to pay interest
on any unpaid balance. Vendor is solely responsible for all taxes,
withholding, or social security obligations.
6. Regarding the Award of the Contract: if I am awarded a contract for this
project, I understand that the award may be for all or any portion thereof, of
the items listed under the Bid Unit Price Schedule.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 4
Johnson-Davis,Inc.
604 Hillbrath Dr.
Lantana,FL 33462
Phone:(561)588-1170
Fax: (561)585-3252
Bid hnson-Davis, Incorporated Date: 6/14/2023
(Company Name)
By: Title: Vice President
(Signature)(Wm.Clark C.Cryer,VP)
Wm. Clark C. Cr er Email: ccryer@johnsondavis.com
(Printed Name)
Mailing Address: 604 Hillbrath Drive, Lantana, FL 33462
Office Number: (561) 588-1170 Fax Number: (561) 585-3252
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 5
Johnson-Davis,Inc.
604 Hillbrath Dr.
Lantana,FL 33462
Phone:(561)588-1170
Fax: (561)585-3252
SECTION IV
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
PW 04-10-05-23
MINIMUM QUALIFICATIONS FOR BIDDERS
Minimum Qualifications:
1.0 Experience
1.1 Bidder must have at least 3 years of experience in providing commercial storm
water improvement services including pipe, and structure installation and site
restoration.
1.2 Bidder has successfully completed at least 6 storm water improvement projects
in the last three years.
2.0 References
2.1 Bidder must provide at least 3 verifiable references of similar work as referenced
in section 1.0 above.
2.2 For each reference, Bidder shall submit a completed Reference Form provided
in Attachment H. provide the client name, client phone number, and client e-
mail address.
2.3 Bidder shall provide a written description of the services performed in sufficient
detail as they directly relate to the work of this Request for Bid. The description
shall include the dates of the period that the Bidder provided the services as
well as the contractual amount of the services provided.
2.4 The City, in its sole discretion, may reject any and all bids if the City is not able
to verify the references provided.
3.0 Discriminatory Vendor List
3.1 In accordance with Section 287.134, Florida Statutes, an entity or affiliate who
has been placed on the Discriminatory Vendor List, kept by the Florida
Department of Management Services, may not submit a bid on a contract to
provide goods or services to a public entity; may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public
work; may not submit bids on leases of real property to a public entity; may not
be awarded or perform work as a contractor, supplier, subcontractor or
consultant under a contract with any public entity; and may not transact
business with any public entity.
4.0 Bidder certifies that
4.1 Bidder meets the qualifications listed in Section IV, 1.0 above.
4.2 Bidder has never failed to complete work awarded under a contract due to
circumstances that were under Bidder's control.
4.3 The Bidder has not been placed on the Discriminatory Vender List kept by the
Florida Department of Management Services as listed in section 3.0 above.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 6
Johnson-Davis,Inc.
604 Hillbrath Dr.
Lantana,FL 33462
Phone:(561)588-1170
Fax: (561)585-3252
Bidder: son-Davis, Incorporated Date: 6/14/2023
(Company Name)
By: Title: Vice President
(Signature)(Wm.Clark C.Cryer,VP)
m. Clark C. Cryer Email: ccryer@johnsondavis.com
(Printed Name)
Mailing Address: 604 Hillbrath Drive, Jupiter, FL 33462
Office Number: (561) 588-1170 Fax Number: (561) 585-3252
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 7
SECTION V
CITY OF OKEECHOBEE
SE 4TH STREET DRAINAGE IMPROVEMENTS
FDEP GRANT AGREEMENT LPQ0007
PW 04-10-05-23
BONDING AND INSURANCE REQUIREMENTS
5.01 Bid Guaranty
A. Bid Bond Form. Each Bid must be accompanied by the CITY's Bid Bond form
meeting the standards specified in this Article 5, including those applicable to the
sureties for the Statutory Payment Bond and Common Law Performance Bond
specified in the General Terms & Conditions. The bond shall be on the Bid
Guaranty form provided by the CITY, with Power of Attorney Affidavit attached, in
an amount not less than five percent (5%) of the amount of the bid. The Bid Bond
shall be in the Prime Contractor's name. The Bidder is required to use the CITY
forms provided in this RFB. Alternate bond forms will not be accepted. Failure to
provide the CITY's bond forms will deem the Bid non-responsive.
B. Alternate Security. In lieu of the Bid Bond, the Bid may be accompanied by an
alternate form of security in the form of cash, a money order, certified check of
any national or state bank made payable to the CITY, or an irrevocable letter of
credit, in an amount not less than five percent (5%) of the amount of the Bid. Any
such alternative form of security shall be for the same purpose and be subject to
the same conditions as those applicable to the bond for which the alternative form
of security is being substituted. The determination of the value of an alternative
form of security shall be made by the CITY.
C. Conditions. The Bid Bond or alternate security shall be conditioned upon the
Bidder's:
1. Not withdrawing said bid within one hundred twenty (120) days after date of
opening of the same, and
2. Within seven (7) business days after of the Notice of Apparent Low Bidder
Letter:
a. executing a written CONTRACT with the CITY, in accordance with the bid
as accepted;
b. providing evidence of insurance in the manner specified by the CITY; and
c. if the Bid exceeds $200,000.00, providing a Statutory Payment Bond and
a Common Law Performance Bond as specified in the General Terms &
Conditions (or, in lieu of the Statutory Payment Bond or Common Law
Performance Bond, having provided an alternate form of security as
specified in the General Terms & Conditions);
d. or in the event to fully comply with all of the foregoing, if the Bidder shall
have paid the CITY the difference between the amount specified in said
bid and the amount for which the CITY may procure the required work
and/or supplies, if the latter amount be in excess of the former.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 8
D. Return of Bid Guaranty. Funds of any money order or check that may be received
will be returned to all Bidders, with the exception of the two (2) apparent low
Bidders, within thirty (30) days after the opening of the Bids. Bid bonds will not be
returned to the bidders, unless specifically requested by a Bidder. The Bid Security
of the apparent and second apparent low bidder shall be retained until such Bidder
has executed the CONTRACT, furnished the Insurance Certificate and
endorsements, complied with the CITY's SBE requirements, and furnished a valid
and acceptable Statutory Payment Bond and a Common Law Performance Bond
as specified in the General Terms & Conditions (or, in lieu of the Statutory
Payment Bond or Common Law Performance Bond, having provided an alternate
form of security as specified in the General Terms & Conditions) as required under
the provisions of the CONTRACT. Any money order or check from the apparent
low bidder shall be deposited upon receipt. Any money order or certified check
from the second apparent low bidder may be deposited. Failure of the CITY to
execute the CONTRACT within one hundred twenty (120) days after the date of
the bid opening shall initiate release of the Bid Bond, certified check or cash of the
lowest and second lowest bidders unless mutually agreed otherwise or specified
in the Supplemental Conditions.
5.02 Performance and Payment Bond:
Bonds must be in compliance with Florida Law. If the CONTRACT price is in
excess of $200,000.00, the [CONTRACTOR] shall, within seven (7) business
days of date of the Notice of Apparent Low Bidder from CITY, provide CITY with
a Common Law Performance Bond and a Statutory Payment Bond meeting the
standards specified herein, on the forms provided by the CITY with Power of
Attorney Affidavit attached, each in an amount not less than the CONTRACT
Price. The bonds shall also be accompanied by the CITY's Affidavit for Surety
Form. The Performance and Payment Bonds shall be in the Prime Contractor's
name. Failure to provide the bond(s)within the seven (7) business day period shall
be sufficient cause for the CITY to deem the Bidder non-responsive and nullify the
CONTRACT award. The [Contractor] shall provide a Performance Bond which
guarantees the performance of the Work as well as any applicable extended
warranty.
5.03 All Bonds
Sureties Qualifications: All bonds required under this CONTRACT, including, but
not by way of limitation, any Bid Bond, Common Law Performance Bond or
Statutory Payment Bond shall be written through a reputable and responsible
surety bond agency licensed to do business in the State of Florida and with a
surety which holds a certificate of authority authorizing it to write surety bonds in
Florida meeting the following requirements:
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 9
BOND AND INSURANCE
REQUIREMENTS FOR CONSTRUCTION CONTRACTS
CONTRACT SUM BEST'S RATING CLASSIFICATION FOR BEST'S FINANCIAL
SURETY AND INSURANCE FIRMS, & SIZE CATEGORY
OTHER REQUIREMENTS FOR SURETY AND
INSURANCE FIRMS
From: $0.00 Bid Bond and Insurance Required. No Minimum
To: $200,000.00 Required.
Performance and Payment Bond Not
Required (unless specified in Contract Not Applicable.
Documents)
From: $200,000.01 All Bonds and Insurance Required: No Minimum
To: $500,000.00 See requirements under paragraph (3) below Required.
From: $500,000.01 All Bonds and Insurance Required: IV or larger.
To: $2,500,000.00 A- or better
Circular 570 requirements (paragraph 2
below)
From: $2,500,000.01and All Bonds and Insurance Required: V or larger.
more A- or better
Circular 570 requirements
(paragraph (2) below
[CONTRACTOR] must use the CITY bond forms enclosed herein. Failure to use the
CITY forms shall deem the bidder as non-responsive.
1. Ratings by A.M. Best:
The surety and insurance company or corporation shall have a minimum A.M. Best
Company rating as indicated above in addition to the surety qualifying pursuant to
paragraph (3) below:
2. Circular 570, CONTRACT Price of$500,000.01 or More:
If the CONTRACT Price is $500,000.01 or greater, the surety shall also comply with
the Circular 570 requirements as set forth in this paragraph 2. The surety shall
maintain a current certificate of authority as an acceptable surety on Federal Bonds
in accordance with U.S. Department of Treasury Circular 570, current revision. If the
amount of the bond exceeds the underwriting limitations set forth in the Circular, in
order to qualify, the net retention of the surety company shall not exceed the
underwriting limitation in the Circular and the excess risk must be protected by co-
insurance, reinsurance, or other methods in accordance with Treasury Circular 297,
revised September 1, 1978 CFR Section 223.10 - Section 223.111. Further the surety
company shall provide the CITY with evidence satisfactory to the CITY, that such
excess risk has been protected in an acceptable manner.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 10
3. CONTRACT Price of$500,000 or Less:
Notwithstanding the foregoing paragraphs 1. and 2., in the event the CONTRACT
price is $500,000.00 or less, in accordance with Section 287.0935, Florida Statutes,
bonds with a surety company in compliance with the following requirements shall be
acceptable:
a. The surety company is licensed to do business in the State of Florida; and
b. The surety company holds a certificate of authority authorizing it to write surety
bonds in Florida; and
c. The surety company has twice the minimum surplus and capital required by
the Florida Insurance code at the time this Request for Bids is issued; and
d. The surety company is otherwise in compliance with the provisions of the
Florida Insurance Code; and
e. The surety company holds a currently valid certificate of authority issued by
the United States Department of the Treasury under 31 U.S.C. ss.9304 to
9308.
In order to qualify as an acceptable surety company under this paragraph 3, an
Affidavit for the Surety Company shall be executed by an Officer of the surety bond
insurer as evidence that a surety company is in compliance with the foregoing
requirements.
A. Additional or replacement bond: It is further mutually agreed between the parties
hereto that if, at any time, the CITY shall deem the surety or sureties upon any
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate,
the [CONTRACTOR] shall, at its expense within seven (7) business days after
the receipt of notice from the CITY to do so, furnish an additional or replacement
bond or bonds on the CITY'S standard form, with the same amount, and with such
surety or sureties as shall be satisfactory to the CITY. In such event, no further
payments to the [CONTRACTOR] shall be deemed to be due under this
CONTRACT until such new or additional security for the faithful performance of
the work shall be furnished in the manner and form satisfactory to the CITY.
In addition, the [CONTRACTOR] shall for any increases in the CONTRACT amount
automatically increase the amount of the performance and payment bonds to equal
the revised amount of the contract and shall provide the CITY with evidence of same.
B. The surety company shall provide a Florida address for service of process in the
prescribed space on the forms provided by the CITY for all bonds required by the
CITY.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 11
C. Alternate form of security: In lieu of the Common Law Performance Bond or
Statutory Payment Bond, [CONTRACTOR] may, pursuant to Section 255.051,
Florida Statutes, provide an alternate form of security in the form of cash, a money
order, a certified check, or an irrevocable letter of credit. Any such alternative form
of security shall be for the same purpose and be subject to the same conditions
as those applicable to the bond for which the alternative form of security is being
substituted. The determination of the value of an alternative form of security shall
be made by the CITY.
5.04 Insurance
A. Certificate of Insurance. The [CONTRACTOR] shall deliver to CITY and maintain
insurance coverage reflecting, at a minimum, the amounts and conditions as
specified within the CITY'S Insurance Requirements Checklist, attached herein.
All insurance required under this CONTRACT shall meet the requirements listed
in the Table found in 5.03 above.
In addition, at the direction of the CITY, the [CONTRACTOR] shall for any increases
in the CONTRACT amount automatically increase the amount of the insurance to
equal the revised amount of the contract and shall provide the CITY with evidence of
same.
The [CONTRACTOR] shall provide the certificate within seven (7) business days
from the date of the Notice of Apparent Low Bidder.
The [CONTRACTOR] shall have thirty (30) business days after CONTRACT
execution, to produce the required Insurance Declaration Page of Policy, additional
insured endorsement forms, and a waiver of subrogation endorsement as set forth in
the General Terms& Conditions, and the Insurance Requirements Checklist included
herein. [CONTRACTOR] shall provide an insurance policy that provides the City of
Okeechobee as additional insured, a separate defense in the event of a claim filed by
a third party against the City, regardless of whether an allegation of negligence is
alleged against the CONTRACTOR.
B. Qualifications to Do Business in Florida. All insurers must be qualified to lawfully
conduct business in the State of Florida. Failure of the CITY to notify the
CONTRACTOR that the Certificate of Insurance provided does not meet the
CONTRACT requirements, shall not constitute a waiver of the [CONTRACTOR'S]
responsibility to meet the stated requirements. In addition, receipt and acceptance
of the certificate of insurance by the CITY shall not constitute approval of the
amounts, conditions or types of coverage listed on the certificate.
Misrepresentation of any material fact, whether intentional or not, regarding the
[CONTRACTOR'S] insurance coverage, policies or capabilities, may be grounds
for rejection of the response and rescission of any ensuing contract.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 12
C. Self-insured Provisions. If the [CONTRACTOR] is a self-insured entity, the
[CONTRACTOR] may contact the CITY'S CONTRACT Administrator, identified
on the cover page, and request the CITY'S self-insurance package. It shall be the
responsibility of the [CONTRACTOR] to ensure that all Subcontractors are
adequatelyinsured nsured or covered under their policies. The CITY may at its discretion,
require the [CONTRACTOR] to provide a complete certified copy of its insurance
policy(s).
D. Workers'Compensation:
1. Workers'Compensation insurance shall comply with Chapter 440, Florida Statute,
including Employer's Liability. If work is performed in/over navigable waters, an
endorsement covering the U.S. Longshore and Harbor Workers' Compensation
Act (LHWCA) 33 U.S.C. Section 901, et seq. and Jones Act, 46 App U.S.C.
Section 861, et seq. shall be included.
2. If [CONTRACTOR] claims an exemption from coverage, it must attach proof of
same for consideration in the form of a certified copy of your state exemption form.
The CITY reserves the right to require said coverage regardless of the state
exemption.
E. Commercial Liability Insurance
1. Coverage shall be no more restrictive than that identified by the Insurance
Services Office, Inc. (ISO).
2. Coverage shall be written on an Occurrence Basis Form.
3. Coverage shall provide as a minimum those limits identified within the CITY's
Insurance Requirements Checklist. Coverage shall be "first dollar" coverage. If
[CONTRACTOR'S] policy includes a Self-Insured Retention (SIR)
[CONTRACTOR] may, at the CITY's option, be required to meet established
financial security requirements.
4. Coverage shall include as a minimum, the following coverage endorsements:
Premises / Operations, Products/Completed Operations, Contractual Liability,
Independent CONTRACTORS, Broad Form Property Damage, Underground
Explosion/Collapse (XCU) and Personal Injury. Additional endorsements may be
required as the CONTRACT dictates. Refer to the CITY's Insurance
Requirements Checklist attached herein.
5. The CITY shall be added by endorsement as an Additional Insured. An
endorsement shall also be included which specifies that the inclusion of an
additional insured does not exclude any pollution liability coverage otherwise
afforded by said policy.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 13
F. Business Auto Liability Insurance
1 . Coverage shall be no more restrictive than that identified by the Insurance
Services Office, Inc. (ISO).
2. Coverage shall provide as a minimum those limits identified within the CITY's
Insurance Requirements Checklist. Coverage shall be "first dollar" coverage. If
[CONTRACTOR'S] policy includes a Self-Insured Retention (SIR)
[CONTRACTOR] may, at the CITY's option, be required to meet established
financial security requirements.
3. Coverage shall be "Any Auto" - Symbol 1.
G. Builders Risk Insurance/Installation Floater
1. The insurance policy shall be "broad form," "all risk" covering all equipment and
machinery; or a special Installation Floater may be included to ensure the required
coverage for this exposure. The policy form shall be no more restrictive than the
"inland marine type form." The CITY shall be allowed to occupy the property in
question without voiding any of the provided coverages.
2. The policy(s) shall state, "on behalf of all parties to the contract." The
[CONTRACTOR], the CITY and all other applicable subcontractors are to be
included as "insureds" on the policy(s).
3. At a minimum, the "covered property" will include the building or structure being
constructed, including all fixtures, materials, supplies, machinery and equipment
to be used in, or incidental to the construction. This will extend coverage to
underground works. Coverage shall also be afforded to the property of others
through a "care, custody or control" endorsement, as well as property off-site or in
transit. The following coverages shall also be included by endorsement, unless
excluded by the CITY: Boiler & Machinery, Testing, Mechanical Breakdown,
Earthquake, and Flood.
4. Coverage shall be valued on a Replacement Cost (100%) basis. A maximum
(SIR) of $5,000 is allowed. If multiple limits of liability are proposed for the
construction site, property in transit, off-site storage, etc., the same value
requirement shall be used for each.
5. All coverages afforded under this policy(s) shall remain in effect and not be
excluded by a "Force Majeure Clause" found elsewhere in these Bidding
Documents.
6. Coverage shall cease when the entire project covered by said policy is accepted
by the CITY. In the event testing by the CONTRACTOR is conducted after
acceptance by the CITY, coverage shall remain in full force and effect until all
testing is complete and accepted by the CITY, and final payment is made.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 14
INSURANCE
[CONTRACTOR] shall, at its sole cost and expense, procure and maintain
throughout the term of this contract, Comprehensive General Liability, Worker's
Compensation, and Commercial Automobile Liability insurance, including Employer
Liability insurance, with minimum policy limits specified below Combined Single
Limits, or to the extent and in such amounts as required and authorized by Florida
Law, and will provide endorsed certificates of insurance generated and executed by
a licensed insurance broker, brokerage or similar licensed insurance professional
evidencing such coverage, and naming the City of Okeechobee as a named
additional insured, as well as furnishing the City of Okeechobee with a certified copy,
or copies, of said insurance policies. Certificates of insurance and certified copies
of these insurance policies must accompany this signed contract. Said insurance
coverages procured by [CONTRACTOR] as required herein shall be considered,
and [CONTRACTOR] agrees that said insurance coverages it procures as required
herein shall be considered, as primary insurance over and above any other
insurance, or self-insurance, available to the City of Okeechobee, and that any other
insurance, or self-insurance available to the City of Okeechobee shall be considered
secondary to, or in excess of, the insurance coverage(s) procured by
[CONTRACTOR]
Worker's' Compensation - Coverage is to apply for all employees for
statutory limits in compliance with the applicable state and federal laws. The
policy must include Employers' Liability with a limit of $500,000.00 each
accident, $500,000.00 each employee, $500,000.00 policy limit for disease.
Commercial General Liability (Occurrence Form Required)
(ContractorNendor) shall maintain commercial general liability (CGL)
insurance with a limit of not less than $1,000,000.00 each occurrence. If such
CGL insurance contains a general aggregate limit, it shall apply separately
to this location/project in the amount of $1,000,000.00. Products and
completed operations aggregate shall be $5,000,000.00. CGL insurance
shall be written on an occurrence form and shall include bodily injury and
property damage liability for premises, operations, independent Contractors,
products and completed operations, contractual liability, broad form property
damage and property damage resulting from explosion, collapse or
underground (x, c, u) exposures, personal injury and advertising injury.
Damage to rented premises shall be included at $100,000.00.
Commercial Automobile Liability Insurance (ContractorNendor) shall
maintain automobile liability insurance with a limit of not less than
$1,000,000.00 each accident for bodily injury and property damage liability.
Such insurance shall cover liability arising out of any auto (including owned,
hired and non-owned autos). The policy shall be endorsed to provide
contractual liability coverage.
Nothing herein shall be construed to extend the City of Okeechobee's liability
beyond that provided in F.S. 768.28, Florida Statutes.
City of Okeechobee Project No. PW 04-10-05-23
Public Works Department 15