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Home My WebLink About2021 - Sidewalk Improvement Project - A2131SrtI SERmAVAN HOME OF PELICAN HIMm CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 26, 2021 Title & Recommendation: Award Invitation to Bid (ITB) #21-05 CDBG Sidewalk Improvement Project to A. Thomas Const. Inc. in an amount not to exceed $169,479.87 Background: Staff recommends that ITB #21-05 be awarded to A. Thomas Const. Inc. This work is to provide design and construction services for the Sidewalk Improvement Project on North Central Avenue in the downtown Community Redevelopment Agency (CRA) area. The Contractor is to provide sidewalk design and layout, all labor, equipment, materials and supervision to accomplish the necessary work. This ITB was advertised via local newspaper and released as of March 29, 2021 via the City's webske, DemandStar.com and myVendorLink.com. All bids were due electronically on May 7, 2021 and (3) bids were received at that time. The bids were reviewed to ensure all requirements were met as provided in the solicitation documents and specifications. The actual lowest bidder is licensed as a Building Contractor and can only do work associated with construction of a building. The lowest bidder which Is also licensed with the State as a General Contractor and legally able to do this work was A. Thomas Const. Inc. Due to their bid being greater than the amount of the CDBG Block Grant, funds will be used from the CDBG Cares Act and Discretionary Sales Tax Reserves. PI a; 11791.7 STATE LICENSE Whitehouse Contracting, LLC Building Contractor A. Thomas Const. Inc. General Contractor PRICE $ 99,933.00 $ 169,479.87 MVB & Associates, Inc. I General Contractor $ 224.989.00 Design Build Is a method used to allow a single vendor to provide planning, design and construction services under one contract. This ensures a unified flow of work from initial concept through completion. If Agenda Item Re wires Exuenditure of Funds: Total Cost: $169,479.87 Funds to Be Utilized: $100,000.00 Community Development Block Grant (CDBG) Funding. $ 44,479.87 CDBG Cares Act Funding. $ 25,000.00 Discretionary Sales Tax Reserves. Attachments: 1. Bid Submitted by A. Thomas Const. Inc. 2. Reference Check Surveys 3. Work Services Agreement Administrative Services Department Review: �c l City Attorney Review:CLKatey Ali Procurement Division Review, if applicable: 9 City ManagerAuth zation/ l �—✓�l `V.l PE2 PAVt C�2i�S[C Date: �� ov2� CGC 1522275 Andrew Thomas PO. Box3285 Ft. Pierce, FL 34948 Fax/Office: 772-216-5898 atconst06@yahoo.com City of Sebastian CDBG SIDEWALK IMPROVEMENT ITB#21-05 Bidders Name: A. Thomas Const. Inc P.O. Box 3285 (1380 Bayshore Drive) Fort Pierce, FL 34948 772-216-5898 zkm SO HOME OF PELICAN ISIMD ITB #21-05 CDBG SIDEWALK PdPROVENIENT CONTACT INFORMATION SHEET DUE DATE: Bids due on or before 4:00 PM EST on ITB NO.: RELEASE DATE: CONTACT. Friday, April 30, 2021 FlectnMIc suhmLRyiark' 01`! VendorUnkcom (Registration Required) FORM A 021.05 03/29/2021 Ann -Marie Fraser, CPPB, MBA Procurement/Contracts Manager (772) 3884i1 atrase r IAiGitV.n ao i�i'isti� I1.4 r p ITB TITLE: heck Addenda for revised due dates before CDBG SIDEWALK IMPROVEMENT PROJECT ubmittin your Bid. Labe Bide will not be accepted. Bidder s Name and "Doing Business As", f applicable: Address:/' City: swq-I State: Telephone Number. l Trp code: FEUEIN Number: V'l 5 I DUNS Number: E-Mail Address of Authorized Representative: MINIMUM REQUIREMENTS Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and not considered for award (refer to page 5, Section 1.2). By placing a checkmark ne)d to each requirement Bidder is confirmingt. ' the requirement is me f=ave ntiy certified as General Contractor. Q aminimum of three (3) years' experience performing similar work. Ly 1 office within the state of Florida and maintain an office within the state of Florida which shall be kept for a minimum of one (1) year to coincide with the warranty requirement. fl Insured and meeting insurance requirements applicable to perfann the services ADDENDA ACKNOWLEDGEMENT Initial by all that Book - aaknoWLed i receiotfreview of the followina Addenda. Addendum iiilAdr,t ......... �� Adao..,.,....;�.. , ,,,.,�;�dum va „u,a„clam ifs _ Addendum lib BID CERTIFICATION I certify that I have carefully examined the ITB document and associated documents, including Addenda. I further certffy that all information contained in this bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid on behalf of tlti company nami", ove and that the company is ready, willing, and able to perform if awarded. Prirrted Name Tine Signature The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City. and to waive any non -substantial irregularities. Failure to fuliv comDlets and submit this Information Sheet may result in refection of the submfttal Page 18 of 27 �Q ITB #21-05 FORM HOME of PiIiCAN KlAM1❑ B CDBG SIDEWALK RVIPROVEMENT BID PRICE SHEET Attach the required 5% Bid Bond with the completion of this form. Refer to Section 4 — Specifications (page 15) for descriptions of each item listed below. ITEM DESCRIPTION QTY UNIT UNIT COST I SUBTOTAL DESIGN AND LAYOUT OF SIDEWALK WITHIN ROW LS $ $ % , ) DEMO EXISITING CONCRETE SIDEWALK (5' WIDE) SY $ �?� y� $ j �0 MOT LS $ Z' �;o $ -ZSry 4° CONCRETE SIDEWALK W/ FIBER MESH (T WIDE) j2 SY $ $ ?,4' 6" CONCRETE SIDEWALK W/ FIBER MESH (5' WIDE) pQ SY $ '/0 0 - $ /O" 060 STABLIZIED SUBGRADE i sny SY $ / i/ ;5S $,;?O 6// 8 v ADA DETECTABLE WARNING PAD + (� SY $ 56 - $ 9X0 THERMO STRIPPING CROSSWALK PAINT / LS $ l 6 e-0 BAHIA SOD 114(��i SY $ SITE RESTORATION LS $fxov $ 4V BASE BID $ CONSTRUCTION CONTINGENCY (% OF BASE BID) TOTAL BID PRICE J $ 1,f ya *Bidder is resoonsib/e for rneasurina and confirming exact lenaths for biddingr P The Bid Prices shall remain good for sixty (60) days after the due date of this ITB. By signing below, Bidder certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. Bidder's Name: IL Signature. IL. \ - Date: Print Name: �'''-�'�' Title: Failure to fully complete and submit this Information Sheet ma►► result In relection of the submittal Page 19 of 27 �a NOW OF PaICAN OLAND ITB #21-05 CDBG SIDEWALK IMPROVEMENT CONTRACTOR QUESTIONNAIRE 1. How long has the cgmpany been in business as a licensed General Contractor? FORM C 2. Provide business address. NOTE: Must be within the state of Florida. �c ,r..zl ; r 4901 �l�rarr_��sIP � i.� �` �, k �i Z05 I i err i 3&0 3. How many General Contracting projects doxxou currently have active? t7 fn me �r� — ' Commercial (Public Sector): Commercial (Private Sector): k Residential: 4. How many employees does your company currently employ? Full-time: Parttime: S. If awarded this contract, how will you meet the manpower requirements? (YUse current staff of company employees ire additional staff as regular employees Use contract temporary labor providers ti. What equipment do you own that can be utilized on this contract? (Attach List of equipment) 7. If awarded this this contract, how will you meet the equipment requirements? L-Iff Use current owned equipment [Lease equipment to meet requirements EY15urchase additional equipment Company Name: Authorized Name: Signature: Title: Y xh � dC a✓ ' Date:Z�a�.! Failure to fully complete. slon and submit this Disclosun: may result In relection of the submittal Page 20 of 27 SEEAMN TTB #21-05 FORM HOME °r PELICAN MAW CDBG SIDEWALK M'ROVEWXT � D REFERENCE LIST Bidder's Name: List a minimum of three (3) client references that can speak to the Bidder's experience and performance, within the last three (3) years. References from public sector clients are preferred. The City will send Reference Check Surveys via email to the references provided. If the contact information is incorrect or the reference does not respond, the Bidder will lose points awarded for this criterion. j Company Name: II Location (City, Star): Contact Personmae: Email Address: Defies of Service: Services Provided Issues Experienced, if none write NIA: Company Name: Location (City, State): Contact PersonMtie: Email Address: + Dates of Service: Services Provided: Issues Experienced, if none write NIA: Company Name: Location (City, State). Contact Personrritle: Email Address: Dates of Service: Services Provided: Issues Experienced, if none write N/A: Reference #1 �f. r C3,-� � � vc.- � � � csc� 1 fit � �t�i. •�"� ra:t ( Phone #: .? A_ Cs eye G-t' , Reference #2 > ci 4iC7 1 C I Phone M 1-7 '2- O t Z - � rem � c•t �t 1%dr"uxsi c.v+tis,�r�rr�.�'Otb��,�JCi•-,t. A�R04-c[5.51��-��a. r:Oon �c ,RQ-c f d t c r 1 Reference #3 V, �C t ,I � 1 z � LOU Phone #:' 5"t _ 1 g- 245 Failure to fully complete and submit this List may result In relection of the submittal Page 21 of 27 MIS �f ITB #21-05 FORM + HOME OF PELICAN ISLAND CDBG SIDEWALK IlVIPROVEMENT E BIDDER'S DISCLOSURE FORM The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter. Additional sheets may be attached if required. Bidder's Name:r��1^fr�, Address: c7 r fir�s? e;T 9_- 771 :34Cl4 Contact Person: Nxle\lck i Title: R Ce S Phone No.:� Email Address: Federal Identification No.: , --I �7 This Business is: ()An Individual A Partnership (�j'/�Corporallon Bidder's License No., ffannlicabie: - G C, 1 S;� a_a-?cj C( *Atta certificate of status, competencyy�-and/or state registration (1) Has your company or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or 4W other regula agency or professional association within the last five (5) years? YES NO� (2) Has your company, or any member of your company, been declared in default, terminated or removed from a contract or job related to the services your company, provides in the regular course of business within the last five (5) years? YES ® NO (3) Has your company had against tt or filed any request for equitable adjustment, contract claims, bid protest, or litigation in the past five (5) years that is minted to the services your company provides in the regular course of business? YES NOO , (4) Describe each affiliation or business relationship with an employee, board member, elected officials) or an immediate family member of any such person of the City of Sebastian. If none, write NONE. (5) Describe ANY other atTliiation or business relationship that may cause a conflict of interest, if none, write NONE. �(V - If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved. I hereby certify that all statements made are true and / agree and understand that any misstatement or misrepresentation or falsification of Facts shall be cause for forfeiture of rights for further consideration of this BID forjthe /yfCittyy of Sebastian. / V• �� I � �JV��1 Signature Date Failure to %fly complete. slan and submft this Disclosure may result In refection of the submittal Page 22 of 27 u ` rM #21-05 FORM F HOME of 6euuw IRMD CDBG SIDEWALK EMIPROVEMENT E-VEMFY ACKNOWLEDGMENT Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with, and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website: htivJ/wwwtdhs.cov/E-VeriN. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to as Vendor or Contractor). "Subcontrac far' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary; wages, or other remuneration (also referred to as Sub - Vendor or Sub -Contractor). Vendor/Contractor/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of. ■ All persons employed by Vendor/Contractor/Contractor during the tens of the contract, (including assigned sub-vendors/sub-contractors/sub-contractors), to perform employment duties within Florida and any work in pursuant to the contract with the City. By entering into a contract with the City, the Contractor/Contractor becomes obligated to comply with the provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility, u as amended from time to time. This includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. the contractor shall maintain a copy of such affidavit for the duration of the contract: Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of termination. If the resulting contract is germinated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 9 year after the date of termination. I hereby acknowledge and agree that use of the U.S. Department of Homeland Securitys E=Verify System during the term of the contract is a condition of the resulting contract with the City of Sebastian. Company Name: ``-�1� C , ---[A1C' Authorized Name: TitiQ Signature: 1 Date: kkkkkkkkklkkk*k!*#!!##kk#kk#*kkkkkkkkk*!###!k##k#k*kkkkkkkk**k****Rik#k#lkkkktMtk*k*#*4#*k*#kkkkkkk#kkkk#!#ikkkklkk#kkk!! State of r,- County of�� This instrument was acknowledged before me on :Pba-1 (Date) ti a Z�gjnVat � t➢sis Affidavit may result in relecbon of the submit Page 23 of 27 ITB #21-05 FORM G HOME OF PELICAN ISuwn CDBG SIDEWALK USAPROVEMENT NOTIFICATIONS AFFIDAVIT (Print Authorized Name) (Title) Of Cc r�%- - :R�U (Company Name) affirm that I read and understand, as well as accept all requirements and regulations listed in sections 3.28 — 3.36 of the above referenced solicitation document to include the following notifications: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Crimes • Debarment and Suspension • Scrutinized Vendor • Performance Evaluation Signature: �G State of County of of The foregoing Affidavit was acknowledged before me on Date: 'Z5 1-1 Notary Pubi ignliure — - (DATE). Failure to fuUy complete. slgp and submit this Affidavit may result In relecdon of the submittal Page 24 of 27 2 r 3 4 5 6 rnd ITB ##21-0S FORM "Dh* dF Pf"`"""MAW H CDBG SIDEWALK 1WROVEN ENT SUB -CONTRACTOR LIST Bidder's Name:Yam QC�ybri�`L Phone;#: NOTE: List all sub -contractors you invited to bid on this project, whether they were selected or not. If sub -Contractors will not be used on this agreement, check the box below. Form must be submitted with your bid. Use additional sheets if necessary. The City reserves the right to reject any bids if the Bidder names sub -contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub -Contractor in order to make a determination as to the foregoing. Company Work To Be Performed Contact Telephone Name Person Number 1 I,L• ko ';Z� si Ell affirm that sub-contractor(s) will not be used to complete projects under this agreement. Paint Name: xrtc Title:{? I Signature: i'�'�`---'� pate: >C.' -a-- l f Failure to fully complete. sign and submit this Form may result In resection of the submittal Page 25 of 27 ITB #21-05 HOME OF KWAN GIAND CDBG SIDEWALK E MPROVEN ENT SOLICITATION INFORMATION FORM Please submit this form to assist us in learning more about how our solicitation opportunities are most often found. Company's Name: l 1 ��`�a�►1 �5 `�"P1L Company Address: d (F�s cy,[, -Es 2 *S- eat 3 1 C1 Phone No: Please tell us how you found out this Invitation to Bid was releasedlavailable (mark all that applies): Indian River Press Journal (TCPsim) DemandStar/Onvia City of Sebastian Web Site VendorUnk Other (please specify below) �C t -7 j 2,0 -Z. r Page 26 of 27 CGC 1522275 Andrew Thomas ILI : PO. Box 3285 Ft. Pierce, FL 34948 Office: 772-216-5898 atconst06@yahoo.com List of Equipment for 21-05 Air Compressor Commercial Pressure Washer 300 gallon water tank Generator Various Concrete saws Power concrete screed Quick Cut saw All hand tools required to perform various concrete jobs Department of Economic Opportunity— small Cities Community Development Block Grant Program Form SC-52 Section 3 Participation Report non~ (Construction Prime Contractor) April, 2015 Local Government: CDBG Contract #: This form must be completed by the prime contractorfor uny construction contract oW $100,000. T1oluntury nPon7ptg for confcts under;100,000 is encouraged. Contractor's Name: Coln.S'— f Contractor's DUNS Number. 3 l 1� y Contract Amount: $ I 4.-ci 1. Does the business qualify as a "Section 3 Business Concern" because a) It is at least 51% owned by Section 3 residents*, or l ❑ Yes NA]o b) At least 301/6 of its permanent full-time emnlo�vees, are t) Currently Section 3 residents*, or ❑ Yes o it) Were Section 3 residents* within first three years of employment, or ❑ Yes [JNo c) Will at least 25% (dollar value) of construction subcontracts (no material/supplies/ equipment vendors unless they are also installing same) be to businesses meeting (a) or (b) [I Yes r] No above? If yes, list any Section 3 subcontractors and subcontract amount: Subcontractors Subcontract Amount t - $ 2. Will the contractor be hiring any additional staff (office or field) for this projects ❑ Yes [�No • if yes, what types of jobs will be filled, and how many additional hires are estimated in each job type? *Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is expended, and who is: (i) A loin -interne per, ir, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.G. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this Germ to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centurn of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (u) A veg bin -marine person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. Note: This contract is funded with federal funds, and this information is required for construction contracts over $100,000 for reporting purposes. See Section 3 portion of CDBG Supplemental Conditions for Caimove on Projeeft for additional information. 73C-23.0051, FAC Department of Economic Opportunity - Small Cities Community Development Block Grant Program r Section 3 Participation Report Construction Subcontractor) -- -- -- --- — - - - -- -- - -- - __ -.ram. . Local Government: CDBG Contract #: Form SC-53 April, 2015 -�_- "_.__=.._._:S�3 This form mrat be completed by cooshwdiox rzrbcnn#wtors mhm the rAdw mnirad u atIeast ,1100.000. (Do not include the cart of equipment or material suppkes unlessyou are installing also.) Vohnt-ynfi-lwguenmmWr when the prance cmrtmact is under 1100,000. Subcontractor's Name: --11 -) Subcontractor's DUNS Number.u6conttact Amount: $ 1. Does the business qualify as a "Section 3 Business Concern" because a) It is at least 51% owned by Section 3 residents*, or + Yes ❑ No b) At least 30% of its permanent full-time employees are i) Currently Section 3 residents*, or ❑ Yes ❑ No it) Were Section 3 residents* within first three years of employment, or + ❑ Yes ❑ No 2. Will the subcontractor be hiring any additional staff (office or field) for this project? ❑ Yes []No • If yes, what types of jobs (e.g., laborer, equipment operator) will be filled, and how many additional hires are estimated in each job type? *Section 3 resident means: (1) A public housing resident; or (2) An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is expended, and who is: (i) A low-income person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b) (2) of the 1937 Act defines this temm to mean families (Including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families; or (u) A very low-meome person, as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b) (2) of the 1937 Act (42 U.S.C. 14374)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. (3) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (if requested) that the person is eligible for the preference. Note: This contract is funded with federal funds, and this information is required for reporting purposes for projects costing over $100,000. See Section 3 portion of CDBG Supplemental Conditions for Conatruchbn Conuacas for additional information. 73C-23.0051, FAC Department of Economic Opportunity —Small Cities Community Development Block Grant Program Form SC-38 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor) April, 2015 Recipient: 3 I , a- s Contract Number. Name of Subcontractor: pi -� DUNS Number: Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this document, 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 the above statement, the prospective participant shall attach an explanation to this form �� C� N) () N Authorized Signature Date Name Typed Title D _ 13 ISO Street A ,jI&ess City, State, Zip (24 CFR 24.510 and 24 CFR, Part 24, Appendix A) 73C-23.0051, FAC Department of Economic Opportunity— Small Cities Community Development Block Grant Program Form SC-37 Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions) April, 2015 Recipient:n.d�� Name of Company Selected as a Prime Contractor. DUNS Number. '�= ! N S 1'S Contract Number. 1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. l �1oeu '-�rl Authorized Signature Date Name Typed Title Street Address 2'. - 4� City, State, Zip (24 CFR 24.510 and 24 CFR, Part 24, Appendix A) 73C-23.0051, FAC STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD ` TALLAHASSEE FL 32399-0783 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! (850) 487-1395 STATE OF FLORIDA DEPARTMENT dUlor OF BUSINESS AND PROFESSIONAL REGULATION CGC1522275 ISSUED: 06/19/2020 CERTIFIED GENERAL CONTRACTOR THOMAS, ANDREW ROBERT A.THOMAS CONST. INC Signature LICENSED UNDER CHAPTER 489, FLORIDA STATUTES EXPIRATION DATE: AUGUST 31, 2022 Ron DeSantis, Governor Halsey Beshears, Secretary STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD LICENSE NUMBER: CGC1522275 EXPIRATION DATE: AUGUST 31, 2022 THE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THE PROVISIONS OF CHAPTER 489. FLORIDA STATUTES THOMAS, ANDREW ROBERT A.THOMAS CONST. INC 1380 BAYSHORE DRIVE FORT PIERCE FL 34949 ISSUED: 08/19/2020 Always verify licenses online at MyFlondal-icense.com Do not alter this document in any form. This is your license. It is unlawful for anyone other than the licensee to use this document. ACERTIFICATE OF LIABILITY INSURANCE "`"�WCONYM `...+� f 5/5/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO MONTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUREP44 AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION 13 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 certtlicate holder In Neu of such endorsement(s). PRODUCER 4! lYfR4! Tiffany Wilkes Killingsworth Agency Inc. (352) 795-1451 fAX I. LSX eg:t zs+99-asae 19259 Cortez Boulevard �tif MAIL fany®krr07:�thias . CORI P.O. Box 1750 WSU;RS�US) AFFORDING COVERAGE NAIL r Brooksville FL 34605-1750 `Ih A:Ohio Securi.L-, insurance Camnanv 24082 INSURED INSURER B:Ohio Casualty Insurance Ca=anv 124074 A. Thomas Construction Inc. { INs1lRERa: P.O. Box 3285 waxeR.D: IIRE: I Fort Pierce FL 34940-3285 1INSURERF: I COVERAGES CERTIFICATE NUMBER;20-21 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO T14EINSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS. INSR ADC! -YUZR POLICY EFF PCiJCY EXP LTR TYPE OF INSURANCE I F S- r POLICY NUMBER WMIDCYYYYYI sAUOGIYYYY) I UMRS $ COMMERCIAL GENERAL LIABILITY II EACHO��(1�y ; 1,000,000 A -� CLAIN"ADE -1 OCCUR COMA cE (G k ( $ 300,000 rm854573729 00/12/2020 09/l2/2021 WED EDP (My one perSW) $ 15,000 _ I PERSONAL &AOV INJURY $ 1,0.00,000 GEN'LAGGREGATE Uh4TAPPLIES PEP GENERAL AGGREGATE $ 2,000,OOD 8 POLICY Q IEECTT LOC PRODUCTS .COMWOPAGG $ 2,000,000 OTHER: $ aIR IM0911 E LIABILffY Wntarvrss biNMt 1JM,1 $ jj�a scddenll ANY AUTO BODILY INJURY Per person) $ ALL NED SCHEDULED AUTOS GODLY INJURY (Per eccidea) $ HIREDALrfOS N04OV44ED Fppl-hli 11DA+t'E AUTOS $ $ X UMBRELLA LIAB I X 1 OCCUR I EACH OCCURRENCE 1. 000, 000 B ErCIBSBUAB 1 G.AIMSMADE MOS4573729 09/12/2020 00/12/2021 AGGREGATE { S 1.000,000 OED �-XRETFNT)ON $ 10 0001 11 $ Wo AM EMPLOYER& LIAOLrrY I `� ANY PROPEBETORIPARTNE3mECuTIVE YIN r NIA I EL. EACH ACCIDENT Is OFFICE PWEUJ MBEREXCDE07 J (MendalwinNhq E.LDISEASE- EAEMPLOYEE $ It es. describe Under M j IPTI ON OF OPERATIONS below EL, DISEASE- POLICY LIMIT I S DESCRIPTION OF OPERAIIONS I LOCATTONSI VEHCLE S (ACORD IM, Addkiand Rsaetks edge". mar be altselled It mae two Is nquh►t► Limits shown are those in effect at policy inception date. CERTIFICATE HOLDER CANCELLATION SHOULDANY OF 7HEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of 3ebastion THE MRA710NDA7E THERSOF, NOTICE NB.J. BE DELIVERED IN 1225 main St ACCORDANC@ MTN THE POLICY PROMBION& Sebastian, 1rL 32958 AUnlOR¢EO REPRESEnrtA7IVE Tiffany Wilkes/CLARE Q'4"to X I 871014 ACORD CORPORATION. A)1 rights reserved. ACORD 25 (20114/01) The ACORD name and logo are registered marks of ACORD INS0251201401) '4iC� CERTIFICATE OF LIABILITY INSURANCE °�050 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFRRMATT MY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT COXSTfTTITE A CONTRACT BETWEEN THE ISSUNG INSURER(ft AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ims) must be endorsed. N SUBROGATION IS WAT(IED, 84bo t to the terms and conditions of the Policy, certain policies may require an or4Wwnm* A staimmod on this c:er0cate does not conihw rights to the cartNleate boiler in Rou of such endonmunsid(s). Pe00m BILL KNIGHT INSURANCE AGENCY INC. MR ' MmInla 2301 SUNRISE BLVD Pz 4et7, I Pam 4$I-8144 Swarm FORT PIERCE, FL 34982 -hpoqm' A. 6SUM31 BIAFFOREMCOVERAGfl um* ININNIERA:Slab FsrmMvk"Ajftm bIIsInsunarveCornoeM 25173 INSMIND A THOMAS CONST INC erwrs: PO BOX 3285 INSURER : FORT PIERCE FL 34948-3285 -i�LstRD: INSURER E: �r-: COVMGES 7�� (�'��I THIS IS TO CERTIFY THAT THE PO=SiJAgNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM THE POLICY PERIOD INDICATED. NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT YWrH 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. uPOLICIES. WqSR LIP WPNOPINSURANN P uCYwv r Y in [fd11DGrY1m umm GENERALLUh�UTY i DRUM COMMCIALG,ENSM LIASILI'M PREM i —_ i CLAMA64MDE ❑ OCCUR MED EV [env wo ] i I PERSONAL& ADV INJURY s f GENERAL AGGREGATE PROMMM-COMPMPAW S -Q`ENLAGGREOATELIMITAPPUESPER: 4 POLICY 1-1 xr I LOC $ A AUTOMOSILa LIABILITY Y IT �wno 4w Li W. I i _ ANYAUTO E045058-029-0 0420M 1012B12021 SODILYINJURY(Pxpuwn) i 11000,000 _ ALL OWNED AUTOS X AUTO 00 I 8OD1LYINJURY(P0rmm;*e* = 1,000,000 HIREDAUTOS � P Om=kwfi 1,008,000 _.. _ UaaR&LA LIAR OCCUR I EACH OCCURRENCE i - LL" ~1 CLAIMSMADEr' �} AGGREGATE : DED �2tte[r(�0N S , i 1pOT UIRS6j Dk VtiG STAT OTH• ANDMIPUNWLIMUffY YIN ANY �'� E L EACH S OFFK MEMBER EXCLUDED? NIA ACCIDENTI I (Idtndmem lame l EL DISEASE. EA EYIP..ot Ci~ i ITV t,dwaftunder E.LDISEASE - POLICY LAVaT I —H DESCRIPTIONOFOPM711ONSILOCATIONSIYE18gE6 (Afelch WORD181.Addidowl R�tllleSolMdaN,NnoltispLplsngwtetd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRMED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED UI City of Sebastian ACCORDANCE WnN TM POLICY PROVISIONS. 1225 Main St Sebastian, 11133968 Re�t�R rtAtivs > � CO RATION. AN rigtrts reserved. ACORD 26 (201005 The ACORO name and I ore rod�ACORD � � re81a'te 1001488 132848.8 01-23-2013 A�® CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/DDIYYYY) 05/0512021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T HIS 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, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. N SUBROGATION IS WANED, 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 Post Insurance S Financial, Inc. 1 eoNri Donna Baumker 146 NW Central Park Plaza, Ste 102 (n2l876.e184 Nw: (772)9784292 Port St, Lucie, FL 34986 AD dbaumkerrginsurewithpost.com License #: InsureWdhPost.COm INSURERS) AFFORDING COVERAGE NAIL 0 POURERA: Fla Citrus. Business & Industry INSURED A Thomas Const Inc. PO Box 3285 Fort Pierce, FL 34948 ""Ulm a : INSURER C : ROMER D : INSURER E : INSURER F COVERAGES FJj TIFICATE NUMBER: 90000727-017633 REVISION NUMBER: 22 THIS IS TO CERTIFY THAT THE POLIC €€¢ 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 -- _- MOLSURR- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,> pyyJ, POLICY NUMBER MINDWYYYYI ;MWOONYYY, LIMITS COMMERCIAL GENERAL LIABILITY EACH#RFIS CE b -- CLAIMS MADE OCCUR PREMSESaiIEFa wre - . MED EXP I Any one person) $ GENL AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOC OTHER: AUTOMOBLE UABILnY ANY AUTO OWNED SCHEDULED _.- AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR I OCCUR EXCESS UAB CLAIMSAMDE i DED RETENTIONS A wOAKERB COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORlPARTNEWEXECUTNE YrN OFFICERIMEMBERIXCLUDED7 NIA (Mandatory In NN) U yea, describe under DESCRIPTION OF OPERATIONS below PERSONAL&ADVINJURY $ GENERAL AGGREGATE $ PRODUCTS -COMPIOPAGG S E COMBPNEDSINGLELSOT(Ea $ nocid" BODILY INJURY (Per parson) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE _�aoddarn $ EACH OCCURRENCE S AGGREGATE S $ 10642180 04101/2021 04/01/2022 X A 1,000,000 EL. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY UMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be a tacind N more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main St Sebastian, FL 32958 AUTHORREDREPRESEHTA. tDRB 01986-2015 ACORD CORPORATION. All rights reserver. ACORD 25 (2016103) The ACORD nameend logo are registered marks of ACORD Printed by ORB on May 05, 2021 at 02:51 PM orr CX 15r,: HOME OF PELICAN ISLAND REFERENCE CHECK SURVEY ITB #21-05 ITB Title: CDBG Sidewalk Improvements DATE: May 14, 2021 FIRM BEING SURVEYED: A. Thomas Constr. Inc. Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8231 1. Describe the scope of work performed by this firm for your organization or Provide Project Name. A. Thomas Construction has provided ramp installation, fire unit rehabilitation and vacant unit rehabilitation. 2. Rate each of the criteria on a scale of 1-5, 5 being very satisfied and 1 being very unsatisfied. Please rate each criterion to the best of your knowledge. If you do not have sufficient knowledge of past performance in a particular area, please sav N/A. ITEM CRITERIA 1 Provided services in a timely manner 2 Professionalism of Firm 3 Customer Service and Response Time to Client Inquiries 4 Quality of Work Performed 5 Ability to Provide Services Under Emergency Conditions 6 Ability to Maintain Accurate Documentation - Invoices 7 Overall Client Satisfaction SCORE 5 4 5 5 5 5 5 3. Were there any problems encountered with this firm during performance of the project? If so, how were they resolved? FPHA has never had any problems with the work performed by A. Thomas Construction 4. Would you re -hire this firm? Yes: X No: Maybe: PERSON COMPLETING THE SURVEY COMPANY NAME: Fort Pierce Housing Authority NAME: Rhonda Corrodus CONTACT INFORMATION: _rhonda.corrodus@cfpha.org_772-429-6435„ SIGNATURE: WORK SERVICES AGREEMENT ITB 21-05 CDBG SIDEWALK IMPROVEMENT PROJECT ON NORTH CENTRAL AVENUE IN THE DOWNTOWN COMMMUNITY REDEVELOPMENT AGENCY AREA AGREEMENT APPROVED BY CITY COUNCIL: AGREEMENT EFFECTIVE DATE: 1. Parties: City of Sebastian, a municipal corporation of the State of Florida, (City). and A. Thomas Const. Inc. 2. Designated Contact Person as to City: Lisa Frazier (PROJECT MANAGER) Community Development Director 1225 Main Street Sebastian, Florida 32958 Phone: 772-388-8228 Email: Ifrazier@cityofsebastian.org 3. Designated Contact Person as to Prime Contractor: Andrew Thomas (PROJECT MANAGER) A. Thomas Constr. Inc. 1380 Bayshore Drive Fort Pierce, FL 34948 Phone: 772-216-5898 Email: atconst06@yahoo.com 4. Guaranteed Maximum Price (GMP). The Prime Contractor's GMP for the Work is One Hundred Sixty Nine Thousand, Four Hundred Seventy Nine dollars and Eighty Seven cents ($169,479.87) for the project. This price is for the performance of the Work in accordance with the Invitation to Bid (ITB #21-05 and the Bid Submittal on May 7, 2021 by A. Thomas Constr. Inc. 5. Project Time. The Prime Contractor shall complete the Work within ninety (90) days of the issuance of permit(s). Time is of the essence in the performance of this Agreement. NOTE: The City reserves the right to allow for any approved extensions. 6. Agreement Documents. • Exhibit "A" — Original Bid Package ITB 21-05 with Addendums 1, 2, 3 and 4. • Exhibit "B" — Bid Submittal on May 7, 2021 from the Prime Contractor • Exhibit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP Additional Agreement Documents include the Notice to Proceed (NTP) and Certificate(s) of Insurance. 7. Liquidated Damages. This Agreement does not include incentives or disincentives for completion of the work. 8. City's Project Manager. the City shall designate a Project Manager. All Work done by the Prime Contractor shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of Work performed, or Work to be performed, interpretation of plans/specifications and all technical questions as to the acceptable fulfillment of the Agreement on the part of the Prime Contractor shall be referred to the City Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. 9. Schedules, Reports and Records. The Prime Contractor shall submit to the City cost schedules, progress schedules, estimates, records, reports, and any other data, as related to the provision of the Work covered under the Agreement. Furthermore, City reserves the right to inspect and audit the Prime Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of the Prime Contractor, as they relate to the Agreement, shall be retained by the Prime Contractor for a period of three (3) years from the date of final payment under the Agreement. 10. Prime Contractor Initiated Changes. If the Prime Contractor initiates a substitution, deviation or change in the work which affects the scope of work or the expense of other trades, the Prime Contractor shall be liable for the expense thereof, and any incidental extra work created by the change. City of Sebastian, Florida / A. Thomas Const. Inc. RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 1 of 4 11. Termination for Convenience. Upon ten (10) days' written notice to the Prime Contractor, the City may, for its convenience and without cause, elect to terminate this Agreement. In the event of termination, the City will be responsible for compensating the Prime Contractor only for the Work satisfactorily completed or partially completed up to the date of termination. The Prime Contractor shall not be entitled to compensation for loss of anticipated profit. 12. Insurance. During the term of the Agreement, the Prime Contractor, at its sole expense, shall obtain and maintain insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of the Prime Contractor. The Prime Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. It is the Prime Contractor's responsibility to ensure that the City has current Certificate(s) of Insurance at all times during the duration of the agreement, including renewal terms. 15.1 Minimum Insurance Requirements. The coverage's, limits or endorsements required herein protect the primary interests of the City, and these coverage's, limits or endorsements shall in no way be required to be relied upon when assessing the extent or determining appropriate types and limits of coverage to protect the Prime Contractor against any loss exposures, whether as a result of the Project or otherwise. All insurance policies shall name and endorse the following as additional insured(s): the City of Sebastian and its City Council members, officers, employees and agents. an amount not less than: " $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products & Commercial Completed Operations; and Personal & Advertising Injury General Liability , $50,000 Fire Damage Limit $5,000 Medical Expense Limit Professional Liability an amount not less than: , $500,000 Each Occurrence, covering any damages caused by an error, (Errors & Omissions) omission or any negligent acts. an amount not less than: Automobile Liability . $1,000,000 Each Occurrence & Combined Single Limit • $5,000 Medical Expense Limit Worker's In accordance with Florida Statutes 440, maintain worker's compensation Compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. 15.2 Prompt Payment. City shall make payment of a payment request in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act" from the date which a properly received payment request/invoice is recorded as received by City, for Work completed to the satisfaction of City. 15.3 Payment Requests/Invoices. Requests for payment for the provision of the Work provided under the Agreement shall be submitted no more frequently than once per month, unless stipulated differently in the Agreement or solicitation documents. All requests for payment/invoices shall be_submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of the Prime Contractor's payment request/invoice, the City will review to ensure completeness and that the Work covered under the payment request has been completed in accordance with this Agreement. If it is found that the payment request/invoice is not complete, or the Work covered under the payment request does not satisfy this Agreement, the payment request may be rejected. 15.4 Progress Payments. 15.4.1 list Application for Payment. The first Application for Payment shall be submitted no earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first Application for Payment, the Prime Contractor shall submit to the City, for its review and approval: (1) A schedule of values based upon the GMP, listing the major elements of the Work and the dollar value for each element; and (2) A complete list of all its proposed subcontractors showing the work and materials involved and the dollar amount of each proposed subcontract and purchase order. These submittals will be used as the basis for the submitted Applications for Payment. City of Sebastian, Florida / A. Thomas Const. Inc. RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 2 of 4 15.4.2 Monthly Applications for Payment. The Prime Contractor shall submit each of its Applications for Payment to the City on or before the 25th day of each month for work performed during the previous month. Invoices received after the 25th day of each month shall be considered for payment as part of the next month's application. Within ten (10) calendar days after receipt of each Application for Payment, the City shall either: (1) Indicate approval of the requested payment; (2) Indicate approval of only a portion of the requested payment, stating in writing the reasons therefore; or (2) Return the Application for Payment to the Prime Contractor indicating, in writing, the reason for refusing to approve payment. In the event of a total or partial denial of the Application for Payment, the Prime Contractor may make the necessary corrections and resubmit the Application for Payment for reconsideration within ten (10) calendar days of receiving notice of refusal. Monthly payments to the Prime Contractor shall in no way imply approval or acceptance of the Prime Contractor's work. 15.4.3 Retainage. City shall retain five percent (5%) of the gross amount of each monthly payment request or five percent (5%) of the portion thereof approved by the City for payment, whichever is less, up to fifty percent (50%) completion. Thereafter, if on schedule, the City shall retain two point five percent (2.5%) of the gross amount of each payment request. Such sum shall be accumulated and not released to the Prime Contractor until final payment is due. Any interim interest on such sums shall accrue to City. Due to circumstances beyond the Prime Contractor's control and at the City's sole discretion, a percentage of the amount retained from the gross amount of each monthly payment may be reduced prior to final completion of the Project and said percentage released to the Prime Contractor. Release of any portion or percentage of sums retained prior to final completion of the Project shall in no way imply approval or acceptance of work. 15.4.4 Withheld Payments. The City may decline to approve any Application for Payment, or portions thereof, because of subsequently discovered evidence or subsequent inspections. The City may nullify the whole or any part of any approval for payment previously issued and withhold any payments otherwise due the Prime Contractor under this Agreement, to such extent as may be necessary in the City's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of the Prime Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the GMP; or (e) any other material breach of the Contract Documents. If these conditions are not remedied or removed, the City may, after three (3) days written notice, rectify the same at the Prime Contractor's expense. City also may offset against any sums due the Prime Contractor the amount of any liquidated or un-liquidated obligations of the Prime Contractor to the City, whether relating to or arising out of this Agreement. 15.4.5 Final Payment. The City shall make final payment to the Prime Contractor within thirty (30) calendar days after the Work is inspected and accepted by the City. The Prime Contractor's acceptance of final payment shall constitute a full waiver of any and all claims by the Prime Contractor against the City arising out of this Agreement or otherwise relating to the Project, except those previously made in writing and identified as unsettled at the time of the final Application for Payment. Neither the acceptance of the Work nor payment by the City shall be deemed to be a waiver of the City's right to enforce any obligations of the Prime Contractor's hereunder or to the recovery of damages for defective Work not discovered by the City at the time of final inspection. 16 Public Records: the Prime Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, the Prime Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. The Prime Contractor will ensure that the 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 the term of the Agreement and following completion of the Agreement if the Prime Contractor does not transfer the records to the City. Upon completion of the Agreement, the Prime Contractor will transfer, at no cost, to the City all public records in possession of the Prime Contractor or keep and maintain public records required by the City to perform the service. If the Prime Contractor transfers all public records to City upon completion of the Agreement, the Prime City of Sebastian, Florida / A. Thomas Const. Inc. RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 3 of 4 Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Prime Contractor keeps and maintains public records upon completion of the Agreement, the Prime Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If the Prime Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terms of the Agreement and may cancel the Agreement. IF THE PRIME CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PRIME CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-388-8215. 17 Indemnification. The Prime Contractor shall indemnify and hold the City harmless from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by the Prime Contractor, its family, associates, agents, employees, customers and attendees. This paragraph shall survive the expiration or termination of this agreement. Nothing in this agreement shall be construed as the City waiving its immunity pursuant to §768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 18 Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 26. DBEs should have a fair and equal opportunity to compete for dollars spent by the City of Sebastian to procure construction -related services. The Prime Contractor shall use good faith efforts to ensure opportunities to compete for and perform contracts are available on the Project. 19 Waiver. The delay or failure by the City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of the City's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude the City of any other or further exercise thereof or the exercise of any other right. 20 Severability. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 21 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive completion or termination of the Agreement for any reason. 22 Authority. Each person signing the Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAL): Jeanette Williams, MMC CITY CLERK Approved as to form and legality for reliance by the City of Sebastian only - Manny Anon Jr., Esq. CITY ATTORNEY THE CITY OF SEBASTIAN : ("City") BY: Paul E. Carlisle CITY MANAGER A. Thomas Const. Inc. ("Prime Contractor") BY: Andrew Thomas City of Sebastian, Florida / A. Thomas Const. Inc. RFQ 21-05 Design Build of CDBG Sidewalk Improvement Project Page 4 of 4