Loading...
HomeMy WebLinkAbout1998 Presentation #1- Parking Lot and Pedestrian Mall Improvements ProjectCity of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E SECTION 00001 - TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS Section No. Description of Section me POKEmo..-- F-1 00010 Advertisement for Bids 00020 Instructions to Bidders 00300 Bid Proposal and Bid Form ., 00301 Bid Proposal Supplemental Information 00310 Bid Bond 00320 Certifications Regarding Equal Employment Opportunity .. 00330 Certifications by Subcontractor Regarding Equal Employment Opportunity 00340 Certifications Regarding Labor Standards and Prevailing Wage Requirements 00341 Subcontractor's Certifications Regarding Labor Standards and Prevailing Wage Requirements 00345 Employee Wage decision 00350 Certification Regarding Debarment 00500 Contract 00510 Construction Payment Bond 00520 Construction Performance Bond Insurance Certification ., 00530 Certificate of Owner's Attorney 00610 Notice of Award 00620 Notice to Proceed 00630 Change Order 00631 Work Change Directive ., 00640 Certificate of Substantial Completion 00641 Certificate of Final Completion 00650 Release of Lien 00661 Periodic Estimate 00680 CRA General Conditions 00690 CRA Supplementary Conditions 00700 CDBG General Conditions 00710 CDBG Supplemental Conditions 00720 Federal Labor Standards Provisions me POKEmo..-- F-1 M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E DIVISION 3 - CONCRETE Section No. Description of Section 03200 Concrete Work .. 03300 Cast -In -Place Concrete 03410 Structural Precast Concrete 03411 Precast Concrete Storm Drainage Structures DIVISION 16 - ELECTRICAL 16100 Electrical _ DIVISION A - APPENDIX I Soil Investigation Report END OF SECTION 00001 M M o. M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E No bid may be withdrawn for a period of sixty days after the scheduled closing time for receipt of bids. This project is subject to final review and approval by the Florida Department of Community Affairs and other local and state governmental bodies, as applicable. Attention of Bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the Contract, Section 3, Segregated Facilities, Section 109 Executive Order 11246, and all applicable laws and regulations of the Federal Government and State of Florida, including costs for complying with the Florida Trench Safety Act (90-96, Laws of Fla.) effective October 1, 1990, and bonding and insurance requirements. Local and Minority Contractors are especially encouraged to bid. Bidders are hereby advised of, and invited to attend, a pre-bid meeting to be held on Feb 9. 1998 at 2:30 p.m. at Sebastian City Hall. Bidders' questions and observations shall be discussed at that time. IN PARTICULAR, BIDDERS SHOULD NOTE THE REQUIRED ATTACHMENTS AND CERTIFICATIONS TO BE EXECUTED AND SUBMITTED WITH THE FORM OF BID PROPOSAL. Louise Cartwright, Mayor Date: . 1998 EQUAL OPPORTUNITY EMPLOYER HANDICAPPED ASSISTANCE PROVIDED FAIR HOUSING SUPPORTER END OF SECTION 00010 ADVERTISEMENT FOR BIDS 00010-2 om .. ., ., M M W M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E collusion in connection therewith and other matters as set forth by the Bid Form. 4. Examination of Contract Documents and Site 4.1. It is the responsibility of each Bidder before submitting a Bid: 4.1.1. To examine thoroughly the Contract Documents and other related data, including appendices identified in the Bidding Documents (including "technical data" referred to below); 4.1.2. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance orfumishing of the Work; 4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4. To study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; and 4.1.5. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.2. Reference is made to the Supplementary Conditions for identification of: 4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site, if any, which have been utilized by Engineer in the preparation of the Contract Documents. Bidder may rely upon the general accuracy of the technical data contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the technical data if any, contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents. Bidder is responsible for any interpretation or conclusion INSTRUCTION TO BIDDERS 00020-2 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 5. Availability of Lands for Work, etc. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of material and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. _ 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed .. to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 7. Bid Security 7.1. Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder's maximum Bid price and in the form of a certified or bank Check or a Bid Bond (on the form provided herein) issued by a surety meeting the requirements of Article 5 of the CRA General Conditions. 7.2. The Bid security of Successful Bidder will be retained until such Bidder has executed the .. Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or sixty days after the Bid opening, whereupon Bid security furnished by such Bidders will .. be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 8. Contract Times INSTRUCTION TO BIDDERS �IIIIi►IIEI City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 11. Subcontractors, Suppliers and Others 11.1. The Bidder is specifically advised that any person or other party to whom it is proposed to award a subcontract under this Contract: 11.1.1. Must be acceptable`to the Owner after verification by the Department of Community Affairs of the current eligibility status, and Must submit: 1) a Certification by Proposed Subcontractor Regarding Equal Employment Opportunity and Certification of Proposed Subcontractor Regarding Section 3 and Segregated Facilities (Section 000330), and 2) Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements (Section 00341). Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any reporting requirement to which it was subject. Although the Bidder is not required to attach such Certifications by proposed subcontractors to its Bid, the Bidder is hereby advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. 11.2. Bidder shall not allow any subcontractor to perform any work under the Contract until Bidder has received the certifications above, has submitted them to Owner and has • received acknowledgment from the Engineer as to their completeness and acceptability. 11.3. The Successful Bidder is responsible to provide, after Notice of Award and prior to Notice to Proceed, verification of solicitation of minority and women owned business subcontractors. Sufficient documentation, includes but is not limited to: advertisement in regional newspapers and letters directed to minority and women owned business " subcontractors (minimum of three). In addition, documentation as to whether MBE/WBE subcontractors were selected for the project, and, if not, explanation as to the circumstances that made selection prohibitive. The Successful Bidder will be deemed non-responsive if this information is not provided prior to the Notice of Proceed. 12. Bid Form on 12.1. The Bid Form is included with the Bidding Documents. 12.2. All blanks on the Bid Form must be completed by printing in black ink or by typewriter. 12.3. Bids by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and .. the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the INSTRUCTION TO BIDDERS 00020-6 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 13.3. Bids must be submitted in quadruplicate (4 sets). Photocopies of the bid forms are acceptable but each copy must contain original (wet ink) signatures. 14. Modification and Withdrawal of Bids 14.1. Bids maybe modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. ., 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for sixty (60) days after the day of the Bid opening, but Owner may in its sole discretion, release any Bid and return the Bid security prior to that date. 17. Award of Contract 17.1. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to •• waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.2. In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the INSTRUCTION TO BIDDERS 00020-8 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E Community Affairs (DCA) upon receipt of Owner's application for release of funds. The process of requesting and receiving funds from DCA requires approximately forty-five (45) days from the date of submittal of Owner's application. Bidders are, therefore, to be particularly aware of the provisions of Paragraphs 14.2 through 14.7 of the CRA General Conditions which set forth the timing of payments to Contractor. END OF SECTION 00020 M M M M M .m M INSTRUCTION TO BIDDERS M 00020-10 M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E (d) BIDDER has carefully studied all reports and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site if any information exists. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied _ (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or _ contiguous to the site or otherwise which may effect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid or for performance .. and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. ^ (e) BIDDER is aware of the general nature of Work to be performed by OWNER and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the ^ Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. ^ (g) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the ^ written resolutions thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any, advantage over any other BIDDER or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the unit ^ PROPOSAL AND BID FORM 00300-2 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SUBMITTED on —11998 ATTEST: im (SEAL) (SEAL) (Name of attesting officer) (Name of person authorized to sign) Title BIDDER's business address: BIDDER's State Contractor License Number: BIDDER's Federal I.D. or Social Security Number: BIDDER's telephone number BIDDER's facsimile number: PROPOSAL AND BID FORM Title SEBA96E 00300-4 M r_1 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 15 Construct Curb Inlet DOT TYPE each 3 16 Construct 18 " HDPE culvert If 45 17 Remove and dispose of existing culvert and inlets under Coolidge Street Is 1 18 Construct 18" HDPE culvert - Coolidge Street If 45 19 Relocate Catch Basin and Inlet ( S end of paved lot) Is 1 20 Relocate existing Swale (south of Fellsmere St.) Is 1 211 Construct 24" HDPE culvert ( n of Coolidge) If 80 22 Concrete Mitered End Section each 2 23 Reconstruction End Wall and Extend 24" Culvert Is 1 24 New Paved Parking Area and Entrance & Exit Drives (east side of Indian River Drive) (approx 1500 sy) Concrete construction technique (see detail) Is 1 25 Reconnect Concrete Driveway to I.R. Drive (Sta 24+50 Is 1 26 Construct Median (6 fT wide see detail) If 250 LIGHTING: 27 Furnish and Install Decorative Lights (lamps and poles) ( includes mounting poles -direct burial or concrete base if direct burial not possible, all wiring and hookups,and all electrial work and materials less line item below.) each 91 28 Service Point connection (Coordinate with FP&L for their fee) each 5 MISCELLANEOUS 29 Remove Poles & Concrete post Is 1 30 Construct Swale (10-15 ft wide completed sodded) If 100 31 Construct Wood Walkway each 1 32 Grading of Grass Parking Area sy 4000 33 Sod ( floratan) sy 4000 34 Mobilization Is 1 PROPOSAL AND BID FORM t�fxr�r�a: City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SECTION 00301 - BID PROPOSAL SUPPLEMENTAL INFORMATION THIS MUST BE SUBMITTED WITH BID PROPOSAL STATEMENT OF EXPERIENCE Bidder: How Long in Busi Principals: Type of Work Normally Performed: Projects of 1 this type previously _ completed: 2 3 4. At Current Address Title Title Title Amount $ Amount Amount Amount SEBA96E BID PROPOSAL SUPPLEMENTAL INFORMATION 00301-8 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project Name of Subcontractor Description of Work EQUIPMENT AND MATERIAL LISTING The Bidder will furnish the following items of equipment and materials: Name of Manufactures Description of Material and Equipment END OF SECTION 00301 BID PROPOSAL SUPPLEMENTAL INFORMATION SEBA96E LIi19111NR" on City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. 3. This obligation shall be null and void if: 3.1. Owner accepts Bidder's bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, or ^ 3.2. All bids are rejected by Owner, or 3.3. Owner fails to issue a notice of award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon default of Bidder and ^ within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount ., due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit or action shall be commenced under this Bond prior to 30 calendar days ^ after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no case later than one year after Bid Due Date. ^ 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located. 8. Notice required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may BID BOND o 00310-2 M ow City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E SECTION 00320 - CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under .. applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. �- NAME AND ADDRESS OF BIDDER (include ZIP Code): 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. Yes[] No[] 2. Compliance reports were required to be filed in connection with such contract or subcontract. Yes[] No[] 3. Bidder has filed all compliance reports due under applicable instructions, including SF 100. Yes[] No[] 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? Yes[] No[] NAME AND TITLE OF SIGNER (Please type): SIGNATURE DATE CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY 00320-1 M .. ., M • ." .o .. so .N City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E SECTION 00320 - SECTION 3 PLAN FORMAT agrees to implement the following specific affirmative action steps directed at increasing utilization of lower income residents and businesses within the City of Sebastian, Florida. A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the City the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Concentrated Employment Program, Hometown Plan or the U.S. Employment Service. C. To maintain a list of all lower income residents who have applied either on their own or on referral from any source, and to employ such persons, if otherwise eligible and if a vacancy exists. D. To insert this Section 3 plan in all bid documents, and to require all bidders or subcontractors to submit a Section 3 affirmative action plan including utilization goals and the specific steps planned to accomplish these goals. E. To insure that subcontractors which are typically let on a negotiated rather than a bid basis in areas other than Section 3 covered project areas are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. F. To formally contact unions, subcontractors, and trade associations to secure their cooperation for this program. Contractor will be required to show proof in the form of proof of advertisement in a local newspaper or copies of certified letters to nearby MBE contractors. G. To insure that all appropriate project area business concerns are notified of pending sub -contractual opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY 00320-3 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E SECTION 00320 - SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted by: 3. (name of entity submitting sworn statement) whose business address is: and (if applicable) its Federal Employer Identification Number (FEIN) is (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: My name is and my _ (please print name of individual signing) relationship to the entity named above is 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1) (g), Florida Statutes, means a violation of any state or federal law by a person with CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY 00320-5 M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E .. who are active in management of the entity, nor any affiliate of the entity have been charged with an convicted of a public entity crime subsequent to July 1, 1989. _ The entity submitting this sworn statement or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) _ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the •. convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) (signature) Date: STATE OF COUNTY OF M M M PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature in the space provided above on this day of END OF SECTION 00320 NOTARY PUBLIC My commission expires: CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY 00320-7 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E SECTION 00330 - CERTIFICATION OF SUBCONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES CITY OF SEBASTIAN NAME OF SUBCONTRACTOR DCA PROJECT NO. 96DB-1E-10-40-02-006 The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract. (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings (if bid equals or exceeds $10,000). © No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. NAME & TITLE OF SIGNER (Print or Type): Signature END OF SECTION 00330 Date CERTIFICATIONS BY PROPOSED SUBCONTRACTORS 00330-2 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 3. He agrees to obtain and forward to the aforementioned recipientwithin ten days after the execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. •• 4. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: A SINGLE PROPRIETORSHIP A PARTNERSHIP —A CORPORATION ORGANIZED IN THE OTHER ORGANIZATION STATE OF (Describe) © The name, title and address of the owner, partners or officers of the undersi ned are: Name Title Address (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest �+ are: CONTRACTOR'S CERTIFICATION 00340-2 M M M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E SECTION 00341 - SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS TO: Date: do: Project Number: 96DB-1 E-10-40-02-006 Project Name: CITY OF SEBASTIAN 1. The undersigned, having executed a contract with: for the construction of the above -identified project, acknowledges that: ,o (a) The Labor Standards provisions are included in the aforesaid contract: .. (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility: 2. He certifies that (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 U.S.C. 276 -2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. SUBCONTRACTOR'S CERTIFICATION 00341 -1 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E (d) The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest Name Title Address tu; : irdmes, aaaresses ana trade classifications of all other b construction contractors in which the undersigned has a substantial ii are: Name Title Address (Subcontractor) WARNING uilding iterest U.S. Criminal Code, Section 1010, Title 18, U.S.C. provides in part: 'Whoever.. ..makes, passes, utters, or publishes any statement, knowing the same to be false .... shall be fined not more than $5,000 or imprisoned not more than two years, or both." END OF SECTION 00341 SUBCONTRACTOR'S CERTIFICATION 00341 -3 OR City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E r� Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Lower Tier Covered Transactions (Subcontractors and Suppliers) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. [2] Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. CITY OF SEBASTIAN Name _ Title Firm Street Address ^ City, State, Zip ^ 24 CFR 24.510 & 24 CFR Part 24, Appendix B ., M ^ END OF SECTION 00350 CERTIFICATION REGARDING DEBARMENT 00350-2 M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) .. at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the r Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and .. all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. M On on .. M 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement, Section 00500 (pages 1 to 8, inclusive). 8.2. Construction Payment Bond, Section 00510 (pages 1 to 5 , inclusive). 8.3. Bid Proposal, Section 00300 (pages 1 to 9 , inclusive). 8.4. Bid Proposal Supplemental Information, Section 00301 (pages 11-22, inclusive). 8.5. Construction Performance Bond, Section 00520 (pages 11=5, inclusive). CONTRACT 00500-5 M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 00610 (pages 11=2, inclusive). 8.26 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to Paragraphs 3.5 and 3.6 of the CRA General Conditions. There are no Contract Documents other than those listed above in this Article 13. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.5 and 3.6 of the CRA General Conditions. Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of the CRA General Conditions will have the meanings indicated in the CRA General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER am and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, ,n agreements and obligations contained in the Contract Documents. 9.4. Any provision or part of the Contract Documents held to be void or ., unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 The CONTRACTOR shall onlyworkduring normal business hours, namely 7:00 a.m. to 6:30 p.m., Monday through Friday, unless permission is obtained from CONTRACT 00500-7 r M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E This Agreement will be effective on _ day of , 1998 (which is the Effective Date of the Agreement). ATTEST: CITY OF SEBASTIAN Thomas Frame, City Manager ATTEST: Witness Witness Title State of Florida Contractor License No: Federal I.D. Number or Social Security Number: END OF SECTION 00500 CONTRACT Louise Cartwright, Mayor J Name of Contractor 1 Authorized Person Authorized Person's Title 00500-9 City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E or suits by any person or entity whose claim, demand, lien or suit is for payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractorand the Surety (at the address described in Paragraph 12 below) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants -who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12 below) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made .. under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 4.2.1. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 4.2.2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated _ the claim will be paid directly or indirectly; and 4.2.3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12 below) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. CONSTRUCTION PAYMENT BOND 00510-2 M City of Sebastian - Parking Lot and Pedestrian Mall Improvements Project SEBA96E 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the .. address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptlyfurnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the .. Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where ., the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor on identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and _ complete or comply with the other terms thereof. NOTE: Any singular reference to the Contractor, Surety, Owner or other party shall be considered plural where applicable. CONSTRUCTION PAYMENT BOND 00510-4