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HomeMy WebLinkAbout2003 All-Rite PavingCITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: 2 PROJECT NAME: Runway 9-27 Obstruction Clearing PURCHASE ORDER #: 3976 PROJECT #: C2504 CONTRACTOR: MI-Rite Paving Contractors. Inc. PHONE #: 1-561-644-2912 ADDRESS: 2440 ]W~V 16th Street Pompano Beach, FL 33069 CONTRACT NAME: Runway 9-27 Obstruction Clearing CONTACT DATE: Januar~ 3~ 2003 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated hereto. Upon proper execution of this document, the Contractor is hereby notified to eomraence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and m full force while executing the change(s) stipulated as follows: DESCRIPTION: Change Scope FROM "Disassemble and Deliver" Velocity Building TO "Demolish and Remove" Velocity Building. A) CONTRACT PRICEPPdOR TO THIS CHANGE NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE 203,146.75 20.950.00 NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $_224.096.75 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) n/a days NET INCREASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) NEW COMPLETION DATE INCLUDING TI-lIS CHANGE AGREED: CONTRACTOR: AuthoriZed Signature Approvals By City of Sebastian Staff: Airport Director Finance Director et City ARorncy General Services Admin. ~'~ as to contract/procurement Sally A. ~j~, CMC, City_ Clerk Approved as to Form and Content for Reliance By the City of Sebastian Only: Rich S~ringer, City Attorney 2 MUNICIPAL AIRPORT CITY OF SEBASTIAN CHANGE ORDER FORM CHANGE ORDER #: #_1 PROJECT NAME: Runway 9-27 Obstruction Clearin~ PURCHASE ORDER # 3976 PROJECT #: C2504 CONTRACTOR: All-Rite Paving Contractors~ Inc. PHONE #: 1-561-644-2912 ADDRESS: 2440 NW 16th Street Pompano Beach~ FL 33069 CONTRACT NAME: Runway 9-27 Obstruction Clearing CONTACT DATE: January 3~ 2003 By the signature affixed below, both the City and the Comxactor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: See attached exhibits A and B. Note: This is Change Order #l to Master Agreement dated January 3, 2003. A) CONTRACT PRICE PRIOR TO THIS CHANGE NET INCREASE (DECP~EASE) RESULTING FROM THIS CHANGE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER $188~963.00 $ 203,146.75 B) CONTRACT TIME PRIOR TO THIS CHANGE (NUMBER OF DAYS) n/~a NET INCILEASE (DECREASE) RESULTING FROM THIS CHANGE (NUMBER OF DAYS) -0- NEW COMPLETiON DATE INCLUDING THIS CHANGE -- MO. -- DAY -- YR -- = No Change A~'fi'~ho riz~ ~8~g~ture Date: Date: ~/.~ Manager / y j Approvals By Ci~ of Sebastian Staff: ATTEST: City Engineer Finance Director City Attorney !~ General Services Admin. ~.7~o~ as to engineering as to budget as to legal as to contracffprocurement kSaily ^. ffio, , 'ty ~1/16/1995 04:39 5~1-5~0-8658 P~6E 82 All-rite Paving Contractors, Inc. 2440 NV/16~'Street Pompano Benoh, Fl. 33069 05113/0 City of Sebastian 1225 Sebas~ ATm. Jt .P. roj~-ct RE: CI Dear~ Ali-rite Remov Rmwn' We her workn~ the abo and contin Total ASI Pa, tin Stre~ ~, F1.32958 on Mil~ki, C.M., Airpot~ Director qama, Runway Obstnmtion Claarin~ Runway 09-27 nnge Order/Proptmal, Removal of additional vegetation · Milewski: aaving Contractors, Inc. herby submit~ speojflcations and estimate for, I of(5) five addMonal loads of vegetative material located on thc ¢~ ~d of ~lans ~d s!~cificatiom 1o. $ 2,000.00 y propose to furnish material and labor to complete in accordance with thc above ttio~, All material is guaramccd to b~ as sp~oified. All work to be completed in a alike manne~ according to standard pmc~/cos. Any alterations or deviations from m specifications involving ~tra costs will be executed only upon written ord.. become an extra chl~e over and above the estimate. All agreements are mt upon strikes accidents, a~ta of Ood, or other d=lays beyond our control, ,liar amount per lifts change order request hlly Submitted, 05/19/ City o~ 1225 ) At~J i~ojec 6ROCJI N~ CONCh4 All-rite Paving Contractors, Inc. 2440.1'~ ~6' 8tr~t ?ompano B~aoh, Fl. 32069 'Sebastian lain Steer :an,.?L32958 ~son MilewskL C;M., Airport Director Name, Runway Obstruction Clearing, Runway 09-27 RE: &nge Order Requeat #2, Addltioaal Cart ])er It~ ~m # s'spec # P.~'22-! All-fit Ad&ti TotMt Chun New Wehe worlm theab contiu ~ Paving Contravtors. Inc, herby submits specifications and eslimate for; mat linear footage, from the 800' x 5' X 5" as l~r plans and specification, to~ Total PAGE 0S ~ Ical~h 1,345 lin~gr faet ~ 6.5' wide X 2.5" deep, Totaling 8742.5 sf orderamount~$2.25persqR-12,1gl.7$ al $36,903.75 by propose to furnish material od labor to complete in accordance with thc above ations. All material is gunrant~ed m be as signified. All work to be completed iN a mlike munncr a~cording m standard praclicts. Any aR~rations or deviations from ~ve specifications invoMng extra co~s will be executed only upo~ written otc~, ! become a~ c'xVa ch?ge ova- and abo~e the ~atimate. All agreements am cut upon strikes accld~nt$, acts of C~, o1' other delays beyond our control. :ollar amount per thi~ change order $12,183.75 12~ ~ l$11eam~l- .m~.,~'lA.~, FLORIDA 329~8 -tm ~IOI~ Ct/2) 3~-g241 FAX (7'/2) 581-0149 'I'EI,EPI'~ONE ('/~) 589-09'4.3 FAX (7'/2) 589-6880 ADDENDUM # 1 RUNWAY OBSTRUCTION CI.RARING DATE: f,~ 12, 2002 TO.- All Bidck~rs This Adde~lum hereby bec~_~es nn integral p~t of the bid und~ co~'du~fkm by you as a respond~t. The City of 8etmsa~ ~ .n sealed bids to lave beem proffered in reco~-fion °f Addendum, please contact me at 772-589-0743. ADDENDUM MESSAGE 1 thl~ 20 on tho thre~ Pa~~ -~ecl h~"etO, 2. Also attached is the DRUG-Flt~ WOEKPLACE FOBIVl which must be submi.".~ with 3. This page nmst be submitted signed, as ~et-nowledsement of receiPt, with your bid, A-1 of 4 ADDENDUM#1 1. DBE Participation: The following goals are set forth for DBE participation: Minimum Disadvantage Business Enterprise goals for this project (percentage of dollar value of base bid). 10% 2. See attached Revised Bid Schedule. This shall be used in place of the bid schedule included in the original package. 3. Plan Sheet C1.1: Proposed Access Roads, Taxiway B, and Runway 09-27 are by others. 4. See attached sheet G2.1 for clearinq areas. This sheet supplements the plan sheet C1.1. Demolition items shown on Cl .1 still apply, with the exception of tree and vegetation clearing, which has been revised by G2.1. 5. Notice to Proceed: It is anticipated that the Notice to Proceed for this project will be given at the end of October 2002. 6. Burn n,q No burning is allowed on Airport Property. 7. Shade Hanqar: Shade Hangar, as identified on C1.1, shall be moved to a location on airport property. Disassembly is not required. 8. Existinq Cart Path: Delete all references to existing cart path shown on Sheet C1.1. Existing cart path shall remain in place; no demolition or relocation required. 9. New Cart Path: Change Dimension on "Cart Path Detail" on Sheet C1.1 from 4' wide to 5' wide. New Cart Path shall be 5' wide. Note revised quantity in Bid Schedule. 10. Electrical wires and poles: a. FPL shall remove all facilities. b. Contact Perdro Rubiera, Florida Power and Light, (561) 489-6231, for disconnection of electrical service to the 2 buildings a minimum o 5 days before beginning demolition work. c, Items S-140-7 and S-140-8 have been removed from the bid schedule. 11. Tree Cleadng C arfication: Clear trees and vegetation according to the following table. See APPROXIMATE acreages on full-scale sheet G2.1. Addendum I Airpmt Perimeter Fencing Sebastian Municipal Airport A-2 of 4 Aroa Activity Notes A, B Remove Tree Tops to 35' Above Moan Remove and haul away materials that Sea Level (15' above ground level), have been cut. Leave trees and other vegetation below 15' tall. C, D, E, Clear and grub all vegetation according Remove all materials from Airport H, F to bid schedule and specifications. Property. G Cut down trees taller than 35' Above No removal from airport property Mean Sea Level (15' above ground required for this area. Small, triple- level). Leave trees that have been cut hatched area southwest and attached on ground where they fall. to G is included in Area G. Optionally, trees may be completely pushed over so that they are lying on the ground, parallel to ground surface, and roots are completely out of ground. Final condition of trees subject to the approval of Owner. No backfilling of root hole is required. 12. Asbestos Report: A copy of the Environmental Evaluation Report is forthcoming and will be sent to Bidders 13-SEP-02. 13. Site Survey: Airport property was surveyed and aedal photogrammetry was performed by Carter and Associates, Veto Beach, FL (562-562-4191). Copies of the survey are available in the Airport Manager's Office for viewing. 14. Fuel Tank: Remove and deliver fuel tank and dispensing equipment. Demolish and remove from Airport Property containment walls and foundation. 15. J&S Building Demolition: in addition to demolition work specified elsewhere: a, Contractor is responsible for checking with City of Sebastian building department for as-builts or construction plans for this facility. b. Demolish/remove septic tank and properly abandon septic field. c, Appropriately cap water supply (wel[) in accordance with State and SJRWMD regulations. 16. Velocity Buildin,q Demolition: in addition to demolition work specified elsewhere: a. Contractor is responsible for checking with City of Sebastian building department for as-builts or construction plans for this facility. b. From the photogrammetry, the approximate square footage of the building and office is 9,650 SF. c, Remove and dispose of electrical wiring and plumbing conduits. d. Salvage lighting and plumbing fixtures, and HVAC equipment. Place in crates or other dry storage containers approved by Owner. Deliver to a location on airport property. e. Demolish/remove septic tank and properly abandon septic field. f. Demolish and remove office and storage areas. g. Appropriately cap water supply (well) in accordance with State and SJRWMD regulations. Addendum 1 Airport Perimeter Fencing Sebastian Municipal Airport A-3 of 4 17. Section 01010- Summary of Work: Delete Paragraph 1.06 and replace with the following: 1.0~ CONSTRUCTION TIME: Time Schedule: All work, except the Demolition of J&S Aviation, Velocity Aircraft Building Disassembly, Move Shade Hangar, and Disassemble and Remove Fuel Tank and Deliver to Owner, as described by the contract specifications and as shown on the plans shall be completed and ready for use by the Owner within 90 consecutive calendar days after the date of Notice-to-Proceed. The time schedule for completion oft his project is critical and liquidated damages as prescribed in the Contract will be enforced. Contractor may elect to complete clearing work concurrent with the completion of building demolition described in Paragraph B below. If so, 90 days are allowed, provided that completion of both phases are completed 270 days from the notice to proceed. B~ Demolition of J&S Aviation, Velocity Aircraft Building Disassembly, Move Shade Hangar, and Disassemble and Remove Fuel Tank and Deliver to Owner: The work as described in at the beginning of this paragraph shah be completed within 270 consecutive calendar days after the date of Notice-to-Proceed.. Contractor shah hold bid prices for a 240 day period following the notice to proceed, and shall not begin demolition or disassembly work for 240 days from the Notice to ProceecL 18. Section S-140-5: a. Change 140-3.1.a to read as follows: Demolition of signs, fuel tank, light poles, power poles, overhead wires, and J&S Aviation building (except ACM Flooring) will be measured per each. b. Change bid item S-1404 to read: Move Shade Hangar 19, Section 151: Add the following: 15'/-2.2a CLEARING, The Contractor shall clear the staked or indicated area of all objectionable materials. Trees unavoidably falling outside the specified limits must be cut up, removed, and disposed of in a satisfactory manner. In order to minimize damage to trees that are to be left standing, trees shall be felled toward the center of area being cleared. The Contractor shall preserve and protect from injury all trees not to be removed. The trees, stumps, and brush shall be cut to a height of not more than 12 inches above the ground. The grubbing of stumps and roots will not be required. 20. Section 01020: a. Add pay item 01020-1 Remove ACM Floor Tile & Assoc. Adhesive, SF Addendum l Airport Perimeter Fencing Sebastian Municipal Airport A-4 of 4 CITY OF SEBASTIAN - BID PRICE FORMS RUNWAY 09-27 OBSTRUCTION CLEARING - AUGUST 2002 BID PRICE SCHEDULE Item No. Spec. No. Item Description Unit Quanti ,ty/Unit Price Extension Base Bid Mobilization, Inc. Traffic 1 1000 Control LS 1 $ 6.750.00 $ 6,750.00 Demolish J&S Aviation 2 S-140-1 building LS 1 $15.000.00 $15,000.00 Disassemble and Deliver 3 S-140-2 Velocity, Inc. Hangar LS 1 $37,700.00 $37,700.00 Remove and Deliver Fuel 4 S-140-3 Tank LS 1 $ 2~500.00 $ 2,500.00 5 P-522-1 5" Concrete Cart Path SF 4,000 $ 6.18 $24,720.00 Cut Trees Taller than 15" AGL 6 P-151-1 (Area G) AC 8.5 $ 3,020.00 $25,675.00 Remove Tree Tops above 15' 7 P-151-4 AGL (Area A,B) AC 6.5 $ 3,950.00 $25,675.00 Remove ACM Floor Tile & 8 1020 Assoc. Adhesive SF 400 $ 8.13 $ 3,252.00 Additive Alternate Bid Items TOTAL BASE BID: $14t,772.00 9 S-140-6 Remove Light Poles EA 1 $ 200.00 $ 200.00 10 S-140-9 Remove Chain Link Fence LF 400 $ 4.00 $ 1,600.00 Clearing Only (Arms C,D,E 11 P-151-1 H,F) AC 4.5 $ 4,444.00 $19,998.00 Grubbing (Areas C,D,E,H, 12 P-151-2 F) AC 4.5 $ 4,444.00 $19,998.00 13 S-1404 Remove Shade Hangar LS 1 $ 500.00 $ 500.00 14 S-140-5 Remove Signs EA 1 $ 400.00 $ 400.00 Grassing (Areas, C,D,E,H,F demolislffdisassembled 15 T-901-1 building areas AC 5 $1,000.00 $ 5,000.00 TOTAL ADDITIVE ALTERNATE BID ITEMS: $47,696.00 BS-I CITY OF SEBASTIAN - BID PRICE P~RMS RUNWAY 09-27 OBSTRUCTION CLEAR1NG - AUGUST 2002 BID PRICE SCHEDULE Bid award will be made to the lowest responsive and responsible Bidder whose bid, confirming to the specifications, Instructions For Bidders, and Contract Documents, will be the most advantageous to the City in consideration of price, time ofperformence, and other factors as determined by the City. Further, the City reserves the right to award the Bid based on any one or all of the "Additive Alternates;" therefore, each "Total Base B~d Additive alternate price must be ready to stand on its own. The BIDDER must submit bids on the Base Bid including the "Add Alternates" shown above. consecutive calen da/r-.x~ n herein with the Cit~ ~ Se~asti~ following bid open~ng~dat~. Fai gnamre All-Rite Pav~ng Contractors, ~In~. [/ Firm Name & Address The undersigned, have become thoroughly familiar will all of the agreement & Bidding Documents incorporated herein, the project site end the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, end to provide and furnish all the equipment, labor end materials necessary to provide the eanstmction services meeting or exceeding the specifications as set forth therein for the prices quoted above. The price quoted is inclusive of any Addenda, which may be issued. If awarded this bid, the Contractor agrees to enter into a contract within ten (10) notice by the city, and agrees to all the terms and conditions of all documents stated n for the above stipulated prices which shall remain firm for sixty (60) days Failure to execute the Contract as stipulated above may result in the forfeiture of the Andrew Laurella Printed Name President Title (954) 970-0380 2440 N.W. 16th Street Pompano Beach, FL 33069 Phone Number Date Signed B-S2 EQUAL OPPORTUNITY REPORT STATEMENT AS REQUIRED BY 41 CFR 60-1.7(b) (TI-lIS REPORT IS PART OF THE BID) The Bidder (Proposer) shall complete the following statement by checking the appropriate blanks. Failure to complete these blanks may be grounds for rejection of bid: 1. The Bidder (Proposer) has x has not developed and has on file at each establishment affirmative action programs pursuant to 41 CFR 60-1.40 and 41 CFR 60-2. The Bidder (proposer) has has not x participated in any previous contract or subcontract subject to the equal opportunity clause prescribed by Executive Order 11246, as amended. 3. The Bidder (Proposer) has has not x filed with the Joint Reporting Committee the annual compliance report on Standard Form 100 (EEO-1 Report). 4. The Bidder (proposer) does does not x employ filly (50) or more employees. NAME OF BIDDER: All-Rite Paving Contractors, Inc. BY: Andrew Laurella TITLE: President DATE: 09-16-02 Runway 09-27 Obstruction Clearing Forms Sebastian Municipal Airport B-3 Bid CERTIFICATION OF NONSEGREGATED FACILITIES The federally assisted construction Contractor certifies that he does not maintain or provide, for his employees, any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction Contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction Contractor agrees that a breach of this certification is a violation of the equal opportunity clause in this contract. As used in this certification, the Chapter 11 "segregated facilities "means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots lots, drinking fountains, recreation or entertainment area, transportation, and housing facilities provided for employees which are segregated by explicit directives or are in fact segregated on the basis or race, color, religion, or national origin because of habit, local custom, or any other reason. The federally assisted construction Contractor agrees that ( except where he has obtained identical certifications from proposed Subcontractors for specific time periods) he will obtain identical certifications from proposed Subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause and that he ~~ifications ~-,~) ~--~ ~f~ in his files. I Si~ature 6f Bidder Title Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-4 Bid Forms BUY AMERICAN CERTIFICATE (JAN 1991) By submitting a bid/proposal under this solicitation, except for those items listed by the bidder below or on a separate and clearly identified attachment to this bid/proposal, the offeror certifies that steel and each manufactured product, is produced in the United States (as defined in Article 23 of Instruction to Bidders "Buy American - Steel and Manufactured Products For Construction Contracts") and that components of unknown origin are considered to have been produced or manufactured outside the United States. PRODUCT N/A COUNTRY OF ORIGIN Title Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-5 Bid Forms CERTIFICATION REGARDING FOREIGN PARTICIPATION The Contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U .S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a contractor that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service ora foreign country on the said list for use on the project, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. This contractor may relay upon the certification of a prospective subcontractor unless it has knowledge of the certification of erroneous. The Contractor shall provide immediate written notice to the sponsor if the contractor learns that is certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide immediate written notice to the contractor, if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later dctermined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the sponsor, cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerus a matter within the jurisdiction of an agency of the United State of America and the making of a falser,,, fi~itious, fraudulent certification may render the maker subject to prosecution under e, Section 1001. ~S~gnatar e ~f (~tr act or Title ~-~ Runway 09-27 Obstruction Clearing Sebastian Municipal Airport Bid Forms B-6 CERTIFICATION REGARDING DEBARMENT~ SUSPENSION INEIiIGIBILITY~ AND VOLUNTARY EXCLUSION The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, 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. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offer/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation of this solicitation/proposal. Contractor Title Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-7 FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Bidder to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Bidder. The Bidder further acknowledges that the Florida Trench Safety Act, (the Act), establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State Standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may by supplemental by special shoring requirements established by the State of Florida or any of its political subdivisions. The Bidder, as Contractor, shall comply with all applicable excavation/trench safety standards. The Contractor shall consider the geotechnical data available from the City, if any, the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibility for the selection of the date on which he relies in providing the safety system, as well as for the system itself. The amounts that the Bidder has set forth for pipe installation includes the following excavation / trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. Trench Units of Measure Unit Unit Cost Extended Cost Measure (Description) (LF, SF) (Quantity) a. N/A b. d. For Information Only, Not for Payment Purposes $ Bidder may used additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non-responsive. Runway 09-27 Obstruction Cleating Sebastian Municipal Airport Bid Forms B-8 The mnount disclosed is the cost of compliance with the applicable trench safety requirements does not constitute tile extent of the Contractor's obligation to comply with said standards. Contractor shall expend additional sums at no additional cost to the County, if necessary, to comply with the Act (except as may otherwise be provided). Acceptance of the bid to which this certification and disclosure applies in no way represents that the County or its representative has evaluated and thereby determined that the above costs are adequate to comply with the applicable trench safety requirements nor does it in any way relieve the Contractor of its sole responsibility to comply with the applicable trench safety requirements. p ny Address: 2440 N.W. 16th Street Pompano Beach, FL 33460 Telephone:(954) 970-954-0380 END OF FLORIDA TRENCH SAFETY ACT STATEMENT Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-9 Bid Forms PERFORMANCE OF WORK BY SUBCONTRACTORS The BIDDER hereby states that he proposes, if awarded the Contract, to use the following subcontractors on this project: List below all proposed subcontractors and trade specialties and costs. (List only one subcomractor for each item.) Write on back or provide additional pages if additional space is needed. Ashley Demolition Palm Beach Pacific Inc. Champion Buildings Demolition Tree Trimming/Land Clearing Disassembly of Velocity Hanger __45,000.00 __20,000.00 __25,000.00 TOTAL: 90,000.00 Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-10 Bid Forms BIDDER QUALIFICATION QUESTIONNAIRE Submitted by All-Rite Paving Contractors, lnc. General Contractor's License Principal Office Address: 2440 N.W. t6th Street Name of Bidder Pompano Beach, FL 33069 d) (2) (3) How many years has your organization been in business as a contractor under your present name? How many years experience in construction work has your organization had as a general contractor.'? As a subcontractor? J List below the requested information concerning projects your organization has completed in the last (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract is possible. Project Contract Title Amount Required Completion Date Actual Nme/Address/Tel Completion Date of Owner Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-Il Bid Forms (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) Has any officer or parmer of your organization ever been an officer or partner or some other organization that failed to complete a conslxuetion contract? If so, state name of individual, name of other organization, and reason therefore. (6) Has any officer or partner of your organization ever failed to complete an construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. (7) Give below any information which would indicate the size and capacity of your organization including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. (S) What is your bonding capacity?. (9) What amount of your bonding capacity has been used as of the date of this bid? Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-12 Bid Forms I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and tha/t~ o~e examining this document have my permission to contact any or all of those parties listec~m t~fi~{stionnaire. Incorrect or misleading statements in this contractor, t ~ ~ ~ (_...-'/ '" ~-~q~ ,IGNATURE OF BIDDER) All-Rite Paving Contrac~ orsI Inc. (TYPE OR PRINT COMPANY NAME) 2440 N.W. 16th Street~ Pompano Beach, FL 33069 (TYPE OR PRINT ADDRESS) Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-13 Bid Forms I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set fo3e;h, and that those examining this document have my permission to contact any orallof thosep~artie~sted in this questionnaire. Incorrect or misleading statements m th~s eOntract~r-r~t\ t~, ,,  (SIGNATURE OF BIDDER) All-Rite Paving C~ntra~tors, Inc., ~ (TYPE OR PRINT COMPANY NAME) 2440 N.W. 16th Street, Pompano Beach, FL 33069 (TYPE OR PRINT ADDRESS) Runway 09-27 Obstruction Clearing Sebastian Municipal Airport B-14 Bid Forms ATTACHMENT B-11 Project Contract Required Actual Nme/Address/Tel Title Amount Completion Date Completion Date of Owner Subcontractor List Trade/Description* Subcontractors Champion Buildings 203D West Main Street Wilkes Bond, NC 28697 1-800-942-6812 Attn: Scott Smith P.J.'s Land Clearing & Excavation Inc. P.O. Box 540517 Green Acres, FL 33454 561-740-9938 Attn: Pat Wilson Brevard Excavating & Land Clearing, Inc. 942 Garfield St. Melbourne, FL 32935 321-288-0670 Attn: Doug Palm Beach Pacific, Inc. P.O. Box 16545 West Palm Beach, FL 33416 561-434-0711 Attn: Armando Rivero Certified Minority Vendor Trade/Description Disassemble Velocity/Harper #2,#4,#7,#8,#9,#10,#11,#12 #2,#4,#7,#8,#9,#10,#11,#12 #6,#16 * See attached schedules. CONSTRUCTION TIME SCHEDULE The city meets on 10-09-02 to award bid we are given 2 weeks, 15 days after that to provide Performance Bond, License, Insurance Certificate, etc. Start date could be as soon as 11-04-02. Time Schedule All work, except the demolition of J & S Aviation, as described the contract specifications and as shown on the plans shall be completed and ready for use by the Owner within 90 consecutive calendar days after the date of Notice-to-Proceed. The time schedule for completion of this project is critical and liquidated damages as prescribed in the contract will be enforced. J & S Aviation Demolition The work as described as "J & S Aviation Demolition" by the contract specifications and as shown on the plans shall be completed and ready for used by the Owner within 180 consecutive calendar days after the date of Notice-to-Proceed. The time schedule for completion of this project is critical and liquidated damages as prescribed in the contract will be enforced. Contractor shall hold bid prices for a 120 day period following the notice to proceed. Any questions or concerns please call Mark Guthrie at (561) 644-2912. JOBNAME: LOCATION: JOB CONTRACTS MATERIALS DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that All-Rite Paving Contractors, Inc., does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. ATTACHMENT 'A' SEBASTIAN MUNICIPAL AIRPORT RUNWAY 09-27 OBSTRUCTION CLEARING CONSTRUCTION SERVICES AGREEMENT CONSTRUCTION SERVICES AGREEMENT ARTICLE I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR 2.0 AGREEMENT DOCUMENTS. 2.1 INTENT 2.2 ENTIRE AND SOLE AGREEME3IT 2.3 AMENDMENTS 2.4 CONSTRUING TERMS 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY 2.6 TERM 3.0 DEFINITION OF TERMS 3.1 GENERAL 3.2 ACT OF GOD 3.3 ADDENDUM 3.4 AGREEMENT 3.5 A.S.T.M. DESIGNATION 3.6 BID or PROPOSAL 3.7 BID BOND or PROPOSAL GUARANTEE: 3.8 BIDDER 3.9 CHANGE ORDER 3.10 CONTRACT ADDENDUM 3.11 CONTRACTOR 3.12 DIRECTED, ORDERED, APPROVED & ETC. 3.13 ENGINEER 3.14 GENERAL CONDITIONS 3.15 INSPECTOR 3.16 LABORATORY 3.17 OWNER 3.18 PERFORMANCE AND PAYMENT BONDS: 3.19 PLANS 3.20 PROPOSAL 3.21 SPECIAL CONDITIONS 3.22 SPECIFICATIONS 3.23 SUBCONTRACTOR 3.24 SUPPLEMENTAL AGREEMENT 3.25 SURETY 3.26 WORK 3.27 WORK ORDER 4.0 5.0 6.0 ARTICLE H - Performance PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS 4.2 CONFLICT 4.3 DISCREPANCIES IN PLANS 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE 4.5 DIMENSIONS 4.6 SAMPLING AND TESTING 4.7 SHOP DRAWINGS 4.8 QUALITY OF EQUIPMENT AND MATERIALS 4.9 EQLrl]?ME2qT APPROVAL DATA 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL MATERIALS AND WORKMANSI-HP 5.1 MATERIALS FURNISHED BY THE CONTRACTOR 5.2 STORAGE OF MATERIALS 5.3 REJECTED WORK AND MATERIAL 5.4 MANLIFACTURER'S DIRECTION 5.5 SKILL AND CHARACTER OF WORK/vlEN 5.6 CUTTING AND PATCHING 5.7 CLEANING UP 5.8 CITY'S OWNERSHIP OF MATERIALS 5.9 GUARANTEE CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS 6.2 CONTROL POINTS FURNISHED BY THE CITY 6.3 FURNISHING OF STAKE MATERIALS 6.4 LAYOUT OF WORK 6.5 SPECIFIC STAKING REQUIREMENTS 6.6 PAYIvlENT 6.7 COORDINATION WITH CITY 6.8 LOCATION OF EXISTING UTILITIES AND PIPING 7.0 PROGRESS AND COMPI Jr, TION OF WORK 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 CONTRACTOR'S OBLIGATIONS START OF CONSTRUCTION CONTRACT ~ SCHEDULE OF COMPLETION COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE PROPERTY OF OTHERS A. Public Ownership B. Private Ownership PROTECTION OF EXISTING UTILITIES AND FACILITIES CROSSING PUBLIC FACILITIES 8.0 7.9 CHANGES IN THE WORK 7.10 EXTENSION OF CONTRACT TIME 7.11 CORRECTION OF WORK 7.12 LIQUIDATED DAMAGES PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY A. Safety Precautions and Program¢ B. Safety of Persons and Property 8.2 TKAFFIC CONTROL 8.3 ROAD CLOSURE AND DETOURS 8.4 'PROVISION OF ACCESS 8.5 WARNING SIGNS AND BARRICADES 8.6 OPEN TRENCHES 8.7 PLACEIvIENT OF I-IEAVY EQUIPMENT 8.8 TEMPORARY FACILITIES AND CONTROLS 8.9 SANITARY PROVISION 8.10 WATER SUPPLY 8.11 NOISE CONTROL 8.12 DUST CONTROL 8.13 WATER CONTROL 8.14 POLLUTION, SILTATION AND EROSION CONTROL 8.15 LIMITATION OF OPERATIONS Article III - Supervision and Administration 9.0 ENGINEER, CITY, CO/~I'RACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY 9.2 ENGINEER'S DECISION 9.3 SUSPENSION OF WORK 9.4 .CONSTRUCTION REVIEW OF WORK 9.5 FIELD TESTS A.ND PRELIMINARY OPERATION 9.6 EXAM]NATION OF COMPLETED WORK 9.7 CONTRACTOR'S SUPERINTENDENT 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK 9.10 RIGHTS OF VARIOUS INTEREST 9.11 SEPARATE CONTRACTS 9.12 SUBCONTRACTS AND PURCHASE ORDERS 9.13 WORK DURING AN EMERGENCY 9.14 ORAL AGREEMENTS 9.15 NIGHT, SATURDAY AND/OR SUN'DAY WORK 9.16 UNAUTHOI~ITRD WORK 9.17 USE OF COMPLETED POKTIONS OF TI-lB WORK 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT 10.2 ILEQUEST FOR PAYMENT 10.3 CITY'S ACTION ON A P~QUEST FOR PAYMENT 10.4 CITY'S KIGHT TO WITH~IOLD PAYMENT 10.5 PAYMENT FOR UNCORRECTED WORK 10.6 PAYlv[ENT FOR REJECTED WORK AND MATERIALS 10.7 CHANGES IN THE WORK A. Change Orders B. Claims C. Differing Site Cenditions CANCELED ITEMS OF WORK PAYMENT FOR WORK SUSPENDED BY THE CITY PAYMENT FOR WORK BY THE CITY PAYMENT FOR WORK BY CITY FOLLOWING TERIVIINATION A. Termination by City for Cause B. Termination by City Without Cause TERMINATION OF CONTRACTOR'S RESPONSIBILITY RELEASE OF CLAIMS (INTERIM/FINAL) ACCEPTANCE AND FINAL PAYMENT .SATISFACTION OF WARRANTY WORK AFTER FINAL PAYiVIEbVF 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 ILO PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBY/NG 11.4 INTEREST OF CONTRACTOR 11.5 PUBLIC ENTITY CRIMES 11.6 DRUG-FREE WORKPLACE 11.7 COMPLIANCE WITH LAWS 11.8 INSURANCE 11.9 BOND 11.10 PERMITS 11.11 LAWS TO BE OBSERVED 11.12 DEBARMENT AND SUSPENSION 11.13 FEDERAL AID PARTICIPATION 12.0 MISCELLANEOUS 12.1 ADDRESSES FORNOTICES 12.2 WRITTEN NOTICE 12.3 TAXES 12.4 TIME IS OF VITAL IMPORTANCE 12.5 NO WAIVER OF LEGAL RIGHTS 12.6 RIGHT TO WORK PRODUCT CONSTRUCTION SERVICES AGREEMENT THIS AGREEiMENT made this I r~day of O~~ and between the CITY OF SEBASTIAN, a municipal eorpuration of'the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and ia.Ii Rite Pavinq Ccntractcrcs, Inc., a Florida corporation authorized to do business in the State of Florida, ("Contractor.") WHEREAS, the City desires to engage a Florida licensed contractor who ha~ special and unique competence and experience in providing demolition, clearing and grubbing serdces necessary to complete the Project hereunder; and WI-IEREAS, the Contractor represents that it has such competence and experience in providing these services; and WBlgREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and WI-IEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: ARTICLE I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Request for Bid Documents, Contract Proposal, Bond Forms, Plans and Technical Specifications, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT The Specifications are an integrated part of the Conlxact Documents and as such will not stand alone if used independently. The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and constmction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable fi.om them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, w~ived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 DEFINITION OF TERMS 3.1 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature, l~aln~ Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (re: bid documents) A modification of the plans or other contract documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.4 AGREEMENT A written agreemem between the Contractor and Owner defining in detail the work to be performed. The words Agreement and Contract, are one and the same. 3.5 A.S.T.M. DESIGNATION Wherevgr the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up-to-date standard specification or tentative specification for that particular process, material or test as currently published by that group. 3.6 BID or PROPOSAL The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE: Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. 3.8 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 CHANGE ORDER A written order issued to the Contractor by the City and covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, or adjustments in the Contract Price or Contract Time. 3.10 CONTRACT ADDENDUM A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 CONTRACTOR The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its heirs, executors, adm/nistrators, successors and assigns, or the lawful agent of any such individual, finn, partnership, covenant or corporation, or his, their or its surety under any contract bond, constituting one of the principals to the Cont~ract and undertaking to perform the work herein. 3.12 DIRECTED, ORDERED, APPROVED & ETC. Wherever in the Agreement Document the words "directed", "ordered", "approved", "permitted", "acceptable", or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of the Owner is intended unless otherwise stated. 8 3.13 ENGINEER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as Engineer. The City may designate a staff member as Engineer who is not licensed. 3.14 GENERAL CONDITIONS The directions, provisions and requirements contained wi~hln the Agreement Documents, all describing the general m,nner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 INSPECTOR A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 LABORATORY Any licensed and qualified laboratory designated by or acceptable to the Owner 'to perform necessary testing of materials. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract Amount. 3.19 PLANS The official, approved plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 9 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. 3.22 SPECIFICATIONS The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantifies and qualifies of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, parmership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the pl~n~ and specifications for the particular project. 3.24 SUPPLEMENTAL AGREE/vIENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.25 SURETY Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound w/th the Contractor for the acceptable performance of the contracted work and for the payment of all debts perta~nlng thereto. 3.26 WORK, (The) or PROJECT, (The) The public improvement contemplated in the Plan~ and Specifications, and all actions necessary to construct the same. 3.27 WORK ORDER Work orders are work instructions including specification and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as pm of the eentract documents. l0 ARTICLE H - Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS A_ND SPECll~ICATIONS The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a mznner acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, the Pl~m~ Specifications, and other Contract Documents, calculated dimensions will govern over scaled dimensions; Technical Specifications shall govern over the general contract provisions, plans, and cited standards or FAA circulars; general contract provisions shall govern over p]ann~ and cited standards or FAA circulars; and plans shall govern over cited standards orFAA circulars. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise d'rrect Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done aI the Contractor's risk. · Any correction or errors or omissions in Plans and Specifications may be made by the Engineer when such correction is necessary for the proper fuifillmant of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES 1N THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessazy to make the Work complete in all its pans, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. The Contractor will not be allowed to take arlvantage of any errors or omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 DRAWINGS AND SPECIFICATIONS AT JOB SITE One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show ail changes made during the conslraction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as-built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING AND TESTING Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society fox Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otheawvise. The Contractor shall furnish any required samples without charge. The Conlxactor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under reco,gni~ed test procedures it fails, any re- testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rote for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Conl~actor. 4.7 SHOP DRAWINGS The Contractor shall provide shop drawings, setting schedules and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Plans and Specifications or Engineer's instructions. Deviations from the Pl~n~ and Specifications shall be called to the attention of the City at the time of the first submission of shop drawings and other drawings.. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance w/th the Contract. Shop drawings shall be submitted according to the following schedule: (a) Three (3) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparasraph Co). Co) The City shall, within fourteen (14) days of the submittal of any shop drawings, remm two (2) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit three (3) copies to the City. (d) Two (2) copies of Approved Shop Drawings shall be returned to the Contractor. by the City. 4.8 QUALITY OF EQU~MENT AND MATERIALS In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor sh~ll furnish to the City a complete list of his proposed desired substitutions prior to the sisnlng of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT .4.ND/OR MATERI~ below. The Contractor ~hull abide by thc City's judgment when proposed substitution of materials or items or equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such' case. All proposals for substitutions shall 13 be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable tkne. No substitute mater/als shall be used unless approved by City in writing. Where an FAA specification for ah'port fencing equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: Listed in FAA Advisory Circular (AC) 150/5345-1, Approved Ah'pon Equipment, that is in effect on the date of advertisement; and Produced by the manufacturer qualified by FAA to produce such specified and listed equipment. 4.9 EQUIPMENT APPROVAL DATA The Conlractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the tree intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to 14 operate properly, and in harmony w~th the intent of the Plans and Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 SUBSTITUTION OF EQUIPIVIENT AND/OR MATEP, Z4L After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if: (a) The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive then that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment end/or material proposed for substitution or other proof satisfactory to the City, It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one desi~wnated in the Specifications by specific manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that ~amed in the Contract shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of equipment and/or material which the Contractor canuot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. 15 MATERIALS AND WORKMANSHIP 5.1 MA~S FLrRNIS~D BY THE CONTRACTOR All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and g~pe, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal quality and performance which is acceptable to the Engineer and City and is currently, available, at no/ncrease in Contract price. 5.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage purposes. 5.3 REJECTED WORK AND MATERIAL Any materials, equipment or work which do not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All' condemned materials, equipment or work shall be promptly taken, out and replaced. All mater/als and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shal! be rejected. Any defective work whether the result of poor workmanship, use of defective mater/als, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re-executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 MANUFACTUP,.ER'S DIRECTION Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 SKILL AND CHARACTER OF WORKMEN All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged mediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subconlractor or persons employed by subcontractors. 5.6 CUTTING AND PATCHING The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. He shall restore alt such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjac~ut property, workmen or the public shall not be done unless approved by the Engineer and under his surveillance, 5.7 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion 0fthe Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an 17 independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 CITY'S OWNERSHIP OF MATERIALS Any and all materials, whether smactural or natural, found wdthln the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contmctor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to requke the fulfillment of all the terms of the Contract. 5.9 GUARANTEE The Contractor shall warrant all equipmem furnished and work performed by him for a period of one (1) year from the date of finai written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of conUaet due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. A.ny inspection or checking of the Contractogs field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Conlmctor's Survey Control Point", if any is provided. The Contractor shah be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks famished by the City. 6.3 FURNISHING OF STAKE MATERL4LS The Contractor shall furnish all stakes, templates and other materials necessary for establ/shing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal mad vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge and miscellaneous items. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and Rrm/shed to the Engineer with the record drawings for the project. 6.5 SPECIFIC STAKING REQUIREMENTS Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. For bridge construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. 6.6 PAYMENT The cost of pefformlng layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 COORDINATION WITH CITY The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish alJ~tmment throughout construction. Al/surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor. 6.8 LOCATION OF EXISTING UTILITIES AND PIPING All existing underground utilities, such as telephone, cable television end electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other .utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of utilitias which he damages during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work. The Contractor shall notice the City of the conflict and seek direction /~om the City prior to proceeding with work. Directions l~om the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. City reserves the right to authorize the construction, reconsmaction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOA.A) facility, or a utility service of another governmental agency, at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the City, such authorized work is indicated on the plans. . Except as indicated on the plans or contract documents, the Contractor shall not permit any individual, 15tm or corporation to excavate or otherwise disturb the utility service or facilities located within the limits of the work without written permission of the Engineer. Should the owner of a utility or facility be authorized to perform construction, reconslamcfion, or maintenance as per this section, during the progress of the work, the Contractor shall cooperate with such owners in arranging and performing the work in this contract so as to facilitate such construction, reconstruction, or maintenance by others whether or not such work by others is indicated on the drawings. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting 15om the same. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor s~hall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying om the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractogs Certificates of Insurance and a properly executed performance and payment bond as required. 21 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work in 240 days, subject to any Addenda or Change Orders hereto. 7.4 SCI4RDULE OF COMPLETION The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be subrdtted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty~fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION CONFERENCE OF CONSTRUCTION; PRECONSTRUCTION The Contractor shall coordinate kis work with other contractors, the City and utilities to assure orderly and expeditious progress of work. The City shall hold a pre-construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 PROPERTY OF OTHERS A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/ur right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully f~om disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all 'amefic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, omamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re-install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City, which interfere with the construefien of the Project and place them on the property owner's front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where exxansive intrusions upon private property are required for constn~¢tion, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 PROTECTION OF EX]STING UTILITIES AND FACILITIES All utilities and ali structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by him during the progress of the Work; provided that, should the Contractor disturb, disconnect or damage any utility or any smacture, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new consmaction crosses highways, railroads, streeta or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3 below. 7.9 CHANGES IN THE WORK The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials ~hall require the written approval of the City. Compensation and rime of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such cban£es in thc Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shalJ be performed by the Contractor as required. 23 7.10 EXTENSION OF CONTRACT ~ME No extension of t~me shall be valid unless given in writing by the City~ No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give wr/tten notice to the City of the cause of such delay. "Rain daf' extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "R~;n daf' requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Peragtaph shall be consmaed to establish a period of llmitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 2,1 7.12 LIQUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of one hundred dollars ($100) per day beyond the agreed milestones completion dates. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to siEnffy work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld fi.om payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC I-W, ALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND PROPERTY The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers-by. The plan shall describe measures and precautions to be taken during working hours and non-working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintalnlng and supervising all safety precautions and program~ in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fmcs and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury Or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment 25 to be incorporated therein, whether in storage on or offthe project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until whiten acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of al/swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project which may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. 8.2 TR3~FFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the fight-of-way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. As to air traffic, it is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations area of the airport with respect to its own operations and the operations of all its subcontractors as specified in Paragraph 8.15 below. It is further agreed and understood that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from and upon the a/rport. With respect to its own operations and the operations of all its subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying persounel, equipment, vehicles, storage areas, as well as any other work area that may be hazardous to the operation of aircraft, frre-rescae eqnipment or maintenance veh/cles at the airport. 8.3 ROAD CLOSURE AND DETOURS Local traffic shall be maintained within the limits of the Project for the duration of the consU~ction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads are permitted,, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre- approved prior to closing. "Street Closed to through Traffic" signs mad "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, inclurllng delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walk'ways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES a. Within public rights-of-way. The 'Contractor shall provide adequate signs, barricades, warning lights and flagraen, as required, and all such other necessary precautions for the protection of the Work mad the safety of the public. All barricades and obsmactions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning s~ shall be so placed and illuminated at night as 'to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning sign.q and barricades shall be in coaformanee w/th the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. 27 The Contractor shall provide and maintain adequate barricades, construction sign~ torches, flashers, guards and flagmen as required in pedesirian and vehicular traffic areas. Regulations of local authorities shall be compiled with. Advance warning sign~ are required on all streets where work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. b. Within airport property. When the work requires dosing an air operations area of the airport or a portion of such area, the Contractor shsll furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340-1F, Marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated ligbtlng of open trenches, excavations, temporary stockpiles, and its parked construction equipment that may be hazardous to the operation of emergency fzre-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2D, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2D. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hsTards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches durin~ construct/on. The Contractor shall be place construction hazard fencing along any open trenches during the construction work-day, and shall leave no open trenches or excavations over-night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 pLAcEM]ENT OF HEAVY EQUIPMENT The Contractor shall not leave construction equipment parked in f~ont of or on a residential lot overnight or on weekends. At the dose of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unauended during the course of working day, such as during lunch hours or work breaks, shall not be left in 28 a condition or location wlfich would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AbrD CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water M~nagement District. 8.9 SANITARY PROVISION The Contractor shall provide mad maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be consmacted and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sankary facilities in a satisfactory and sardtary condition at all times and shall enforce their use. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence.affixed thereto shall be removed. 8.10 WATER AND ELECTRIC SUPPLY The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 NOISE CONTROL The Contractor shall provide adequate protection agalnm objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 29 g.12 DUsT CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving consmaction equipment, high winds or any other cause, and shall submit a plan to the Engineer for his review prior to i~tiation and implementation of the plan. 8.13 WATER CONTROL The Conlxactor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 POLLUTION, SILTATION AND EROSION CONTROL The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or siltation of streams: lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion conlrol features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion mad turbidity control shall meet the requirements of the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. 8.15 LIMITATION OF OPERATIONS The Contractor shall control its operations and the operations of its subcontractors and suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Conlxactor to conduct its operations within the Air Operations Area of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to eommancement of such work. The Contractor shall not close an Air Operations Area unifl so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place. 3O When the contract work requires the Contractor to work within an Air Operations Area of the airport on an intermittent basis, the Contractor shM1 maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the Air Operations Area, and immediately obey all instructions to resume work in the Air Operations Area Failure to maintain the specified communications or to obey instructions shall be cause for suspensions of the Contractor's operations in the Air Operations A_rea until the satisfactory conditions are provided. The Air Operations Area that cannoit be closed to operating aircraftona continuous basis, and will therefore only be closed On an intermittent basis, are indicated on the drawings or will be designated by the Engineer. Article III - SIYPERVISION AND ADMINISTRATION 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and ail tectmicai questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 ENGINEER'S DECISION All claim.q of a technical nature of the City or Conlractor shall be presented to the Engineer for resolution. 9.3 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include bm not be ~imlted to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall mediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph withom the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to consmaction review by the Engineer and the City. The Engineer and the City may 31 appoint inspectors. The Contractor will be held strictly to thc true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill; plant, or shop inspection, and any material fiamished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall bc furnished with such information and assistance by thc Contractor as is required to make a complete and detailed review. The City shall not be responsible for thc acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of thc equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and tests. Further inspection requirements may be designated in the Technical Specifications. The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workrnan~hip fail to meet specified requirements will be deducted fxom moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the 'finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove nnacceptable, the uncovering, removing and replacing shall be at the Conlractor's expense. 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. 32 In general, such communications shall be confined in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements w/th respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty O0) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever he shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. C°) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore. 9.10 RIGHTS OF VARIOUS INTEREST Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various Interests Involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting his work and to report to the City any irregularities which will not permit him to complete his work in a satisfactory manner. His failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive his work. It shall be the responsibility of the 33 Contractor to inspect the completed work in place and report to the En~-qneer mediately any difference between completed work by others and the P!an~. 9.12 SUBCONTRACTS g_ND PURCHASE ORDERS Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractor proposed for the Work. Subcontractor may not be changed except al the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of his subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of his employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Conlxactor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and facilitate the letting of contracts and subcontracts, the Specifications are separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 WORK DURING AN EMERGENCY The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Engineer and City of the emergency as soon as practicable, but he shall not wait for inslruetions before proceeding to properly protect both life and property. 9.14 ORAL AGREEMENTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other wa/vet or modifiealion. 9.15 NIGHT, SATURDAY A_ND/OR SUNDAY WOP,.K No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval from City, and then only to such extent as is absolutely necessary to protect life or property. Th/s clause shall not pertain to crews organi?ed to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COMPLETED PORTIONS OF TIlE WORK The City shall have the fight to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set-offs to liquidated damages) shall be allowed for such use or occupancy/ 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising l~om the execution or from the non-execution of the Work. The Contractor shal! rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptant. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shal~ submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Conlraetor to submit progress payment requests. The 35 standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtsinlng the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to In writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An mount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the reminage shall be included in the Contractor's :final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accorrtanee with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump-sm contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYlvlENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. Approve and pay such other mount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasonS for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the masons for withholding payment. 10.4 CITY'S RIGHT TO WlTI-YHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasonS: Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. Co) Work covered by the request for payment which is not in accordance with the plan~ SpecificationS and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring 'correction or replacement . In the event of a filing of a claim or lien, or information received by City ora potential filing ora claim or lien again.qt the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. The City has had to correct a defect in the Work, or there are other items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisionS of the Contract Documents. 10.5 PAYMENT FOR UNCORRECTED WORK Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an eqtfitable deduction from the contract mount shal! be made to compensate the City for the uncorrected work. 37 10.6 PAYMENT FOR REJECTED WORK AND MATERIALS The removal of work and materials rejected under Paragraph 5.3 and the re-execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re-execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice beIng given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-offagainst any payments due Contractor. 10.7 CHANGES IN TH~ WORK A. Change Orders If conditions require a change in the scope of work or additional work varying from the original P1ans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature Of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) ' By lump sum proposed by the Contractor and accepted by the City. (b) ' By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contramor shall provide full and complete records of all costs for review by the City. B. Claims Claims arising from changes ox revisions made by the Contractor at the City's request shall be presented to the City, before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in 38 Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the c]alm is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept acoount of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. C. Differing Site Conditions Contractor shall promptly, and before such conditions are disturbed, notify City in writing of: 1. Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement and its subparts; or 2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recoLmized as inhering in the work of the character provided for in this Agreement. If City finds that conditions materially differ and will cause an increase or decrease in the Contractor's cost or the time required to perform any part of the work under this Agreement; whether or not changed as a result of such conditions, the City shall approve an equitable adjustment and will according modify the Agreement in writing. Any claim for an equitable adjustment of the contract price based upon differing site conditions is specifically conditioned upon prior written approval of the additional compensation by City. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required herein. Further, no claim by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Agreement. 10.8 CANCELED ITEMS OF WORK The City shall have the fight to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Con~ramor to the payment of a fair and equitable amount covering all costs incurred by him pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work act,,a!ly done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 39 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for ail work done except as provided in Paragraph 10.4. 10.10 PAYMENT FOR WORK BY THE CITY The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 PAYMENT FOR WORK BY CITY FOLLOWING TERMINATION OF CONTRACT A. Termination by CiW for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess baiance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid baiance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement conlractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum memit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 TERMINATION OF CONTRACTOR'S RESPONSIBILITY The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 4o 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claimq of record and, if said completed form(s) are not suppl/ed within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the t,~ms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Find payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as-built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal fights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REQUIREMENTS I 1.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that he has not employed or retained any company or person, other than a bona fide c~mployee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to ,terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full mount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carded out, who exercises any functions or responsibilities in the review or approval of the undertaldng or carrying out of this project, shall participate in any decision relating lo *his Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the ente~ng into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. Further, Contractor shall fully comply with the Federal Lobbying Disclosure Act of 1995. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any Agreement, the undersigned shall complete and submit the attached Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. Any and all subcontracts executed by Contractor for the Work hereunder shall likewise certify and disclose accordingly 11.4 INTEREST OF CONTRACTOR The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any 42 litigation or adminim'afive proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC EI~I'ITY C1LI~IES The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 DRUG-FREE WORI~LACE The Agreemem documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Ah- Act (42 USC §7506(c)), The Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and W'fldlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93- 523, as amended), The W'fld and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination Act (PL 94- 135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Sa_C-cry and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101- 336). 11.8 INSURANCE The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Comractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $1,000,000. (c) Commercial Auto Liability - Comractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Items (a) and (b) shall centain riders providing coverage in relation to asbestos removal activities as described in the Section 01020 of the Technical Specifications. 43 Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Beat's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty 00) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub-contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, fi.om all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indkectly employed by either of them. The Contractor shall furnish to the City certificates of immmnce in duplicate showing proof of insurance, naming the City and the Engineer as additional insured parties, prior to the start of construction as provided in the Contract. 11.9 BOND The Contractor shall provide bonds issued by companies holding certificates of authority as acceptable sureties in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 PERMITS All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations. Contractor shall secure a building permit if required by the City's Building Official. 11.11 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising fi.om, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by himself or his employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor acknowledges that 'this requirement includes compliance with all federal, state and local health and safety roles and regulations. The Contractor shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the P!,n~ Specifications, or Comract for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all times himself observe and comply with and cause all his agents, subcontractors and employees to observe and comply with decrees; and shall prolect and indemnify the City and Engineer, their officers, employees and agents against any expense, dalm or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by himself or his employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable buildin8 roles and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 11.12 DEBARMENT AND SUSPENSION In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Contractor shall agree and certify 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; and that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction without prior written approval of the City. Upon execution of this Agreement by the Contractor, the Contractor shall complete sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions" attached hereto, and shall include the language of this Paragraph and the attached form in all subcontracts executed to support the Comractor's work under this Agreement. 11.13 FEDERAL AID PARTICIPATION For AIP contracts, the United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made form time to time upon the Owner's request to the FAA_ In consideration of the FAA's agreemem with the Owner (City), the Owner has included provisions in this contract pursuant to the requirements of the Airport Improvement Act of 1982, as amended by the Airport and 45 Airway Safety and Capacity Expansion Act of 1987, and the Pules and Regulations of the FAA that pertain to the work, As required by the Act, the contract work is subject to the inspection and approval of the duly authorized representatives of the Administrator, FAA and is further subject to those provisions of the rules and regulations that are cited in the contract plans, or specifications. No requirement of the Act, the rules and regulations implementing the Act, or ,hia contract shall be construed as makin$ the Federal Government a party to the contract nor will any such requiremem interfere, ia any way, with the rights of either party to the contract. The attention of the Contractor is also invited to the fact that the State ia wNch this project is located will pay a portion of the costs of this improvement. In accordance with said state's rules and regulations, work will be subject to such inspection of the State or its representatives, as deemed necessary to protect the interests of the people of the State. The Contractor shall furnish the inspecting party with every reasonable assistance to ascertain whether or not the requirements and intent of the comract axe being met. Such inspections will ia no way infer that the State is a party to the contract, except for those contracts wherein the State is a signatory. 12.0 MISCELLANEOUS 12.1 ADDRESSES FORNOTICES Alt notices given under or ia connection with any of the Contract Documents shall be delivered ia person or by telegraph or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or scm by registered mall to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 TIME IS OF VITAL IMPORTANCE It is agreed mad understood that time is of vital importance with respect to the completion date for the Work and all other provisions of*he Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of *he City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor *he termination of employment of *he Contractor shall operate as a waiver of any portion of *he ConUaet or any power therein reserved or any fight therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data~ progr~m~ or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer program~ and data prepared or obtained under this Agreement shall remain *he proper~y of*he City. Any use of any plans and specifications by the City except the use reasonably contemplated by *he City at *he time *he City entered this Agreement will be at *he City's risk and Contractor, its officers, directors and employees, will be held harmless fi.om such use. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. /,~ Name: Title: C (SEAL) Moore Manager Approved as to Form and Coment for: Reliance by the City of Sebastian Only 47 ..................... CONTRACTOR ............... Signed, sealed and delivered in the presence of: NAME: NAME: 48 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that A S I Paving Incorporated does_.' Publish a statement noting employees that the unlawful manufacture, distr~ution, dispensing, possession, or use cfa controlled substance is prohibited in the workplace and spenflying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintainlng a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a dmg-fxee workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this fm complies fully with the above requirements. PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form pLrR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), ha the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 .creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process became they have been found guilty of a public entity er'mae. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the Uansacfion of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, includ'mg, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any conwact to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order in excess of the threshold amount for category two) to provide goods or services to TFII~ CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF TI-]~ SWORN STATEMENT OR AFFIDAVIT SltALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUIVIENTS. NON-INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 49 SWORN STATEMENT UND~ SECTION 2g?.133(3)(a), FLORIDA STATUTES~ ON PUBLIC ENTITY CRIM~S TItlS FORM MUST BE SIGNED IN THE, PRESENCE OF A NOTARY PUBLIC OR OTI4'~R OFFICER AUTHORIZF. D TO ADMLNISTER OATHR, 1. This sworn statement is submitted with the Municipal Airport Runway 09- 27 ObStruction Clearing Proj eot Services Agreemem for THE CITY OF SEBASTIAN. 2. This sworn statemem is submitted by f-~--q~ /OA Wl~Jb T-c(-., whose business address is ~-o7 £~ OtN~ [-~ ~ ~ and (if applicable) its Federal l~mployer Identification (FEINJ'is /~ ~~ o~ t ~ ~ ~, (please~ e ' ' ' ' print name ofindiv~ual signing) and my relation~hlp to the entity n~med above is 4. I understand Ibm a "public entity crime" as defined in ParagraPh 287.133(1)(g), Florida Smmtem means a violation of any state or federal law by a person with respect to and directly related to the ~ansamion of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fi:and, theft, bribery, collusion, racketeering, eouspirasy, or material misrepresemation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a ~inct~ng of guilt or a COllViCtion of a public entity crime, with or without an adjudication of guilt, in any federal or state U-iai court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or enlzy of'a plea of guilty or nolo contendere. 6. I understand that an "af~llate" as defined in Paragraph 287.133(I )(a), Florida Statutes, mean~: (1) O~ A predecessor or successor of a person convicted of a public entity me; (2) An entity under the control of any natural person who is active in the m~,~gement of the entity and who has been convicted of a public entity cTime. The term "~llate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an a~llate. The owaership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima 5O facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be Considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" include those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) No Neither the entity submitting this sworn statement, nor any officers, directors, executive, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted ora public entity crime subsequent to July 1, 1989. No The entity submitting this sworn statement, or one or more of the officers, directors, executive, 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.) No 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.) No 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 remp~he person or affiliate fi-om the convicted vendor list. (Please attach ~ ?~ 'the final order.) st. (Please describe any action taken by or pendin~v~ ~/x'~ r~ent of General - X [/J~q ,(nature) Date: ~_~"~(~ 51 STATE OF FL~d]~A COUNTY OF ~ &foregolng ' ~ms~u;m. ent was aclmowl~, clged before me th~ _~ chty of ,2002 by ~tq~\tl,,Xl~t~A C~o~3?e:lFo ,, He/~ is perso~y ~om to me or idemffieafion md ~d ( ) ~d nm~p ~ o~ N0. DD 070700 52