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HomeMy WebLinkAboutAgreement�HN Renta/5 CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL 32958 Trinity Highway Rentals, Inc. ®YODOCK DICKERSON-FLORIDA PO BOX 910 FORT PIERCE, FL 34954 RE: Project: Contractor: Sales Order #: Dear Sir or Madam: November 2, 2017 CERTIFIED MAIL: 7016 2070 0001 1363 6175 CERTIFIED MAIL: 7016 2070 0001 1363 6182 RETURN RECEIPT REQUESTED SEBASTIAN AIRPORT TAXIWAYS D & E, FAA AIP 3-12-0145-013-2017, FDOT 434633-1-94-01 DICKERSON-FLORIDA 1287604 Please take notice that Trinity Highway Rentals Inc Dba PBS Rentals has begun furnishing material to DICKERSON-FLORIDA for use in the above mentioned project. This notice of furnishing is being sent to meet the statutory requirements governing preliminary notice in the state of Florida. NOTICE TO CONTRACTOR FLORIDA STATUTES 255.05 Within ten (10) days of receipt of this Notice, the owner is required by Florida Statutes Section 255.05, to furnish the undersiened with a copy of any existine Performance and Payment Bond. This Notice is a standard business procedure of the undersigned firm and does not adversely reflect upon the credit- worthiness, or other reputation of any person named herein. Division Credit Manager 1170 North State Street • Girard, Ohio 44420 • 330-545-4373 • FAX: 330-545-3718 3 CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this I 1 4�k day of ('0p bier , 2017, by and between the CITY OF SEBASTIAN, a municipal corpation of the State of Florida U25 Main / Street, Sebastian, Florida, 32958, ("City") and 4/ G ccs SF�,y f��-f7rLlCTid . ("Contractor"), as authorized to do business in the State of Florida. This document contains 38 pages WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing construction services necessary to complete the Project hereunder; and, WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and, WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and, WHEREAS, 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. Contractor, as an independent contractor, and not as an employee shall famish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the agreement documents. The work is generaliv described in the Bid Documents Proiect Manual. with Addenda if any, for the Taxiways "D" and "E" oroiect at the Sebastian Municipal Aimort prepared by Infrastructure Consulting & Engineering. Inc. in May 2017. 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. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-1 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Specifications and Scope of Work, 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 Contract 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 construction. 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 from 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 parry 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. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, 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 CONTRACT TIME: Taxiways "D" and "E" Sebastian Municipal Airport 3-2 Construction Services Agreement (1) The Work will be completed and ready for final payment in accordance with paragraph 50-15 of the General Provisions as follows: Completion of Project: The entire project shall be completed within the time frame specified and in accordance with the construction phasing prescribed in paragraph 1.5 of Section 01010 - "Summary of Work". (2) Liquidated Damages. Liquidated damages shall be as prescribed in paragraph 1.6 of Section 01010 — "Summary of Work". 2.7 CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the worn in a cordance with the Contract Documents in current funds in the amount of $ 7J 3 vbased on the Unit Price Work bid in the Bid Form. This amount includes Addities if any. 2.8 UNIT PRICE WORK (A) Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. (B) The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer. Subject to the following provisions: Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor (C) Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. (D) 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 Sebastian Municipal Airport 3-3 Construction Services Agreement The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, 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 agreement 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 Wherever 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 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 total amount of the Bid, in the form of a Cashier's Check, Unconditional hrevocable 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. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-4 3.11 CONTRACTOR The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or his, their or its surety under any contract bond, constituting one of the principals to the Contract 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. 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 within the Agreement Documents, all describing the general manner 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 famished and of the work performed by the Contractor. The Engineer and its designated employee(s) shall serve in the capacity as the inspector. Any licensed and qualified laboratory designated by or acceptable to the Owner to perform necessary testing of materials. 3.17 OWNER City of Sebastian 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. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-5 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 (the "Bid proposal form"), properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 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 quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership 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 plans and specifications for the particular project. 3.24 SUPPLEMENTAL AGREEMENT 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 with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK, (The) or PROJECT, (The) The public improvement contemplated in the Plans 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 part of the contract documents. ARTICLE 11- Performance Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-6 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF PLANS AND SPECIFICATIONS 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 manner acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans, Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and govern. 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 direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at 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 fulfillment 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 IN 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 necessary to make the Work complete in all its parts, 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. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-7 The Contractor will not be allowed to take advantage 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 all changes made during the construction 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 for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. 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 additional expenses, including per diem for the Engineer or Inspectors, shall be home by the Contractor. 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 Plans and Specifications shall be called to the attention of the Engineer at the time of the first submission of shop drawings and other drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Seven (7) copies shall be submitted to the Engineer 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 subparagraph (b). (b) The Engineer shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) 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 Engineer and resubmit six (6) copies to the Engineer. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-8 (d) Three (3) copies of Approved Shop Drawings shall be returned to the Contractor by the Engineer. 4.8 QUALITY OF EQUIPMENT 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 shall famish to the Engineer a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the Engineer may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBS TITUTIONOFEQUIPMENTAND/OR MATERIAL below. The Contractor shall abide by the Engineer'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 be submitted to the Engineer in writing by the Contractor and not by individual trades or material suppliers. The Engineer will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by Engineer in writing. 4.9 EQUIPMENT APPROVAL DATA The Contractor 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 Engineer for review and written approval by the Engineer and City 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 Engineer and City. Catalog data for equipment approved by the Engineer and City does not in any case supersede the Contract Documents. The acceptance by the Engineer and City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the Engineer'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 finnished 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 true intent and meaning of the Plans and Specifications. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-9 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 operate properly, and in harmony with 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 EQUIPMENT AND/OR MATERIAL 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 Engineer 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 than 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 Engineer and approval by the Engineer and 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 and/or material proposed for substitution or other proof satisfactory to the Engineer. 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 designated 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 named in the Contract shall rest on the Contractor and the proof will be submitted to the Engineer. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the Engineer, 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. 5.0 MATERIALS AND WORKMANSHIP 5.1 MATERIALS FURNISHED 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 Engineer. 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. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-10 Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, 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 increase 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 materials 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, shall be rejected. Any defective work whether the result ofpoor workmanship, use of defective materials, 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 MANUFACTURER'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 immediately 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 subcontractor or persons employed by subcontractors. 5.6 CUTTING AND PATCHING Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-11 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 all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent 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 of the 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 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 structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. 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 require the fulfillment of all the terms of the Contract. 5.9 GUARANTEE The Contractor shall warrant all equipment famished and work performed by him for a period of one (1) year from the date of final 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 breach of contract due to substandard materials or workmanship, nor shall such warranty period Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-12 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. Any inspection or checking of the Contractor's field notes or layout work by the Engineer and 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 "Contractor's Survey Control Point", if any is provided. The Contractor shall 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 MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing 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 and 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 all construction. Survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the Project. 6.5 RECORD DRAWINGS: At contract close-out, record drawings shall be delivered to Engineer for review and approval. Drawings shall be prepared by a licensed surveyor and provided in an electronic format (AUTOCAD), and on mylar, and three (3) sets of signed and sealed hard copies. The drawings shall depict depths of various elements of construction in relation to N.G. V.D. (1929); Horizontal and vertical locations of all underground drainage, utilities, irrigation, etc., referenced to permanent surface improvements; horizontal and vertical locations of all surface and above ground improvements including but not limited to pavement, curbs, sidewalks, inlets, manholes, buildings, mechanical/electric facilities, retention ponds, swales, ditches, fences, trees/shrubs; and record drawings must also comply with other local agency requirements, including I.R.C.D.U.S. as -built Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-13 data required for water and sewer construction (state plane coordinates on all water and sewer utility infrastructure). 6.6 PAYMENT The cost of performing layout work as described above shall be included in the contract unit prices for the various items of work to which it is incidental, unless a separate bid item is included in the Bid Proposal Form. 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 alignment throughout construction. All 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, water mains, sewer mains, and 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 contract unit prices for the various items of work to which it is incidental. The Contractor shall be responsible for the repair and/or replacement of utilities, 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 Engineer of the conflict and seek direction from the Engineer prior to proceeding with work. Directions from the Engineer 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 Engineer and approved by the City. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall 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, Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-14 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 out 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 the Engineer and 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 Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract Agreement and any Addenda or Change Orders thereto. 7.4 SCHEDULE OF COMPLETION The Contractor's schedules are subject to the approval of the Engineer and 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 submitted 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 Engineer and City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate his work with other contractors, the City and utilities to assure orderly and expeditious progress of work. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-15 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/or 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 from 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.. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental 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 construction of the Project and place them on the property owner's from 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 extensive intrusions upon private property are required for construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 PROTECTION OF EXISTING UTILITIES AND FACILITIES All utilities and all 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 structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be home by the Contractor. 7.8 CROSSING PUBLIC FACILITIES When new construction crosses highways, railroads, streets 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. 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 shall require the recommendation of the Engineer and the written approval of the City. Compensation and time 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 Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-16 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 changes in the 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 shall be performed by the Contractor as required. 7.10 EXTENSION OF CONTRACT TIME No extension of time 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 written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager or Engineer when said Project Manager or Engineer determines that weather conditions make it counterproductive to work on said days. "Rain day" 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 Paragraph shall be construed to establish a period of limitation 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 contractural obligations. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-17 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 as provided in paragraph 2.6. Inspection of the Work by the City and the subsequent issuance of a notice by the City and Engineer indicating substantial completion will be the date used to signify 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 from 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 HEALTH 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, maintaining and supervising all safety precautions and programs 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 fines 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 Prooerty 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 to be incorporated therein, whether in storage on or off the 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 final written 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 Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-18 all 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 TRAFFIC CONTROL All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right-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. 8.3 ROAD CLOSURE AND DETOURS Local traffic shall be maintained within the limits of the Project for the duration of the construction 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 authorities (I.R.C., F.D.O.T., as applicable). When closing of roads are permitted, it shall require forty-eight (48) hours notification to the City, I.R.C. , or F.D.O.T. (applicable agency with jurisdiction). Traffic detours shall be pre -approved prior to closing. "Street Closed to through Traffic' signs and "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, including 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 walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-19 The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions 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 signs 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 signs and barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities shall be complied with. Advance warning signs 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, or other applicable government agencies. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. 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 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close 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 unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND 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 Management District. 8.9 SANITARY PROVISION Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-20 The Contractor shall provide and 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 fust employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed 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 sanitary facilities in a satisfactory and sanitary 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 against 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. 8.12 DUST CONTROL The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor 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. Taxiways "D" and "E" Construction Sebastian Municipal Airport 3-21 Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or situation 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 control 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 (S.W.P.P.P.), including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the Florida Department of Environmental Protection and the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of the work. The contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of E.P.A., FDEP, or SJRWMD permits, permit conditions or regulations committed by the contractor or any subcontractors on this site. Article III - SUPERVISION 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 firmished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical 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 claims of a technical nature of the City or Contractor 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 but not be limited 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 immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-22 All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City and other government agencies with jurisdiction, including but not limited to F.D.O.T., F.D.E.P., I.R.C., and S.J.R.W.M.D.. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the 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 furnished 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 be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the 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 the equipment installed under this Contract. The Contractor shall notify the Engineer and City when work is considered to be complete, in operating condition, and ready for inspection. Further inspection requirements may be designated in the Technical Specifications. The contractor shall conduct tests necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the contractor. Payment for testing to show compliance with specified requirements will be paid for by the contractor. At the city's discretion, the city may re -test or arrange additional testing beyond that normally and typically required to be provided by the contractor. The cost of retesting or additional testing shall be paid by the city, except when materials and workmanship fail to meet specified requirements. Then the cost will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The Engineer or 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 unacceptable, the uncovering, removing and replacing shall be at the Contractor'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. In Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-23 general, such communications shall be confirmed 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 with 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 (30) 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. (b) 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 Contractor to inspect the completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 SUBCONTRACTS AND 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 Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-24 be changed except at 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 Contractor 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. 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 instructions 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 waiver or modification. 9.15 NIGHT, SATURDAY AND/OR SUNDAY WORK Saturday and Sunday work will be permitted with prior approval from City. This clause shall not pertain to crews organized 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. 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 THE WORK The City shall have the right 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. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-25 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 from the execution or from the non -execution of the Work. The Contractor shall 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 acceptance. 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 shall 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 Contractor to submit progress payment requests. The 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 obtaining 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 amount 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 retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-26 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 accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to detemnine 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 -sum contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT 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. (b) Approve and pay such other amount 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 reasons for withholding payment. 10.4 CITY'S RIGHT TO WITHHOLD 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: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, 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 . (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) 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 equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-27 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-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans 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 Contractor shall provide full and complete records of all costs for review by the City. B. Claims Claims arising from changes or 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 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 claim 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 account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-28 10.8 CANCELED ITEMS OF WORK The City shall have the right 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 Contractor 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 actually 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. 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 all work done except as provided in Paragraph 9.3. 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 City 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 balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, 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 contractor 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 meruit 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. 10.13 RELEASE OF CLAIMS (INTERIM/FINAL) Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-29 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 claims of record and, if said completed form(s) are not supplied 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 terms 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 Final 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 rights 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 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee 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 amount of such fee, commission, percentage, gift or consideration. 11.2 INTEREST OF MEMBERS OF CITY AND OTHERS Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-30 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 carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this 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 entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. 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 FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with its instructions. 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 litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 PUBLIC ENTITY CRIMES 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 WORKPLACE The Agreement 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 Air Act (42 USC §7506(c)), The Endangered Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-31 Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild 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 Safety 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 - Contractor 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 -Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. 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 Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) 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, from 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 indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City and the Engineer as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND Taxiways "D" and "E" Sebastian Municipal Airport 3-32 Construction Services Agreement The Contractor shall provide Bonds 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 the following permits/approvals that the contractor shall secure: Contractor's licenses and registrations, SJRWMD Consumptive Use Permit for construction de -watering activities, F.D.E.P. N.O.I to use Generic Permit for the Discharge of Produced Groundwater from any Non -Contaminated Site Activity, and any building permit's 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 from, 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 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 Plans, Specifications, or Contract 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 protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim 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 building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 12.0 MISCELLANEOUS 12.1 ADDRESSES FOR NOTICES All notices given under or in connection with any of the Contract Documents shall be delivered in 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 Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-33 Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail 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 and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the 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 the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right 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, programs 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 programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. 12.7 HOLD HARMLESS Contractor agrees to hold harmless the City of Sebastian, the Sebastian Municipal Airport, and its employees/officers/officials from all claims related to this agreement. Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport 3-34 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: C� � �- new anette_ Willi Ams,. City Clerk Vt �— _ (SEAQ.) — — THE CITY)4 SEBASTIAN a ' J e Grif , City Manager Appivb ed as to Fertriand Content for: Reliance by the City of Sebastian Only Cynd is V. Hall City Attorney CONTRACTOR Signed, sealed and delivered in the presence of: JSO e Ary Wfilld"11,101 ' ..F? ..A I/ 'I Taxiways "D" and "E" Construction Services Agreement Sebastian Municipal Airport M51 RICK SCOTT. GOVERNOR LICENSE NUMBER KEN LAWSON, SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2018 DALE, LARRY THOMAS DICKERSON FLORIDA INC 3122 N 25 STREET FT PIERCE FL 34946 ❑ ❑ ❑ ISSUED: 06/02/2016 DISPLAY AS REQUIRED BY LAW SEQ# L1606020001248 RELEVANT PROJECT EXPERIENCE Dickerson has completed numerous FAA and highway projects including thirty airport projects in the last 13 years. Two significant airport projects are highlighted below and include a new runway from the ground up and a rework of an existing taxiway: St. Lucie Airport, Florida Construction of Runway, Taxiway, and Connectors rm • The project consisted of constructing a 75' x 4,000' runway with a 35' by 4,000' parallel taxiway and four associated taxiway connectors. • The construction of runway 9L -27R and the parallel taxiway system were both constructed and work was performed by Dickerson. • Initial work performed was the earthwork related to clearing, mass grading of the site, and installation of the storm water drainage system. This initial earthwork consisted of the relocation of two canals that were 7,100 linear feet. Both canals were excavated in 500' segments. • This final phase included the construction of an access road to the new runway and taxiway system, installation of base course and asphalt pavement for the runway and taxiway system, associated pavement markings, airfield lighting and signage, and installation of security fencing. • Work was completed within 200 calendar days. Martin County International Airport, Florida Construction of EMAS, Installed Lighting, and Relocated Utilities 2011 • The project consisted of constructing a 100' wide x 500' long crushable concrete EMAS. Dickerson installed the EMAS concrete grade beams in preparation of the EMAS concrete blocks installation. The pad was constructed of nearly 4,000 compressible cellular concrete blocks which were installed in a rectangular grid pattern in the safety area beyond the runway. • In addition to the construction of the EMAS bed area, Dickerson removed the existing blast pad along with the previous markings on the existing runway. • Dickerson installed the threshold lights, installed runway and taxiway lighting, installed security fencing, the PAPI system, and relocated the existing City water and sewer utilities. • The earthwork performed for this project consisted of a 6" sub -base material totaling 15,800 square yards, along with a 12" sub -grade material totaling 16,250 square yards, and repaving asphalt runway totaling 1,958 tons of hot mix asphalt. • The project consisted of constructing a 100' wide x 500' long crushable concrete EMAS. • Dickerson installed the EMAS concrete grade beams in preparation of the EMAS concrete blocks installation. The pad was constructed of nearly 4,000 compressible cellular concrete blocks which were installed in a rectangular grid pattern in the safety area beyond the runway. • In addition to the construction of the EMAS bed area, Dickerson removed the existing blast pad along with the previous markings on the existing runway. • Dickerson installed the threshold lights, installed runway and taxiway lighting, installed security fencing, the PAPI system, and relocated the existing City water and sewer utilities. • The earthwork performed for this project consisted of a 6" sub -base material totaling 15,800 square yards, along with a 12" sub -grade material totaling 16,250 square yards, and repaving asphalt runway totaling 1,958 tons of hot mix asphalt. Recently completed airport projects INCLUDING references: • Project 1 • Valkaria Airport Reconstruct Runway 10-28 • Contract Amount: 1,085,599.05 • Date Completed: June 27, 2013 • Contracting Agency: Brevard County BOCC • Contact Person: Steve Borowski, Director of Aviation • Phone/Fax: (321) 952-4590, (321) 952-4592 FAX • Project 2 • Martin County Airport EMAS • Contract Amount: 1,243,165.85 • Date Completed: November 30, 2011 • Contracting Agency: Martin County BOCC • Contact Person: George Stokus, Airport Manager • Phone/Fax: (772) 221-2374, (772) 221-2381 FAX • Project 3 • Rehab Runway 11 U29R & Taxiway C, Vero Airport • Contract Amount: 632,006 • Dated Completed: January 31, 2011 • Contracting Agency: City of Vero Beach • Contact Person: Steve Henriquez, VP (URS) • Phone/Fax: (813) 286-1711 • Project 4 • Lake Wales Airfield Improvements—Taxiway A Realignment, Runway 24 Safety Area Improvements, and Airport Road Rehabilitation. The work included grading, paving, marking and landscaping • Contract Amount: 2,784,812 • Date Completed: 10/31/15 • Contracting Agency: City of Lake Wales • Contact Person: Doug Norman, Hoyle, Tanner & Associates, Inc. • Phone: (407) 380-1919 ADDITIONAL REFERENCES Martin County Don Donaldson, Engineering Director 2401 SE Monterey Road Stuart, FL 34996 772-288-5927 FDOT Dan Hiden, P.E. Treasure Coast Operations 3601 Oleander Ave. Ft. Pierce, FL 34982 (772)429-4885 St. Lucie County Craig Hauschild, P.E. Assistant County Engineer 2300 Virginia Ave. Ft. Pierce, FL 34982 (772)462-1712 City of Port St. Lucie Patricia Roebling, City Engineer/Assistant City Manager 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 772-871-5177 Kolter Signature Homes, LLC Bob Fromm 2170 NW Reserve Park Trace Port St. Lucie, FL 34986 772-467-1299 South Florida Water Management District Howard Searcy 3301 Gun Club Road West Palm Beach, FL 33406 (561) 682-2532 Sebastian Inlet District Martin Smithson, Administrator 114 Sixth Ave. Indialantic, FL 32903 (321)724-5175 Dickerson Florida, Inc. Equipment List Hourly Employee List Sebastian Airport Taxiways D and E Bid June 9, 2017 Page 2 XVT-tQCU02 DALE DICKERSON FLORIDA, INC. Equipment Profiles by Category 16:05 06/08/17 EquiPmt# Serial Number L1 Taq# Expires® Yr Make Model Des -1 -tion T A 38-0576 88203 A112-0001 A112-0002 A112-0003 A122-0006 1220060 A136-0338 A136-0340 9406/170/2291 A136-0343 FORT PIERCE OFFICE A136-0350 A136-0354 10 Pieces 1-0010 ATVs A 1-0003 M0XUVDX010697 A 1-0004 35677 2 Pieces 90 05 3122 N 25TH ST 05 3122 N 25TH ST 06 3122 N 25TH ST 00 00 IBM AS/400 CO JOY COMM OS 3122 N 25TH ST 06 DESIG N CENTRE SULLAIR PAVING BREAKER FT PIERCE OFFICE BUILDING INTERIOR PROPERTY BUILDIN UPSTAIR OFFICES -COUNTERS FT PIERCE TRACKAGE NORTEL PHONE SYSTEM AS/400 E -SERVER 170 PHONE & DATA CABLE INSTAL OFFICE FURNITURE UPSTAIRS OFFICE FURNITURE 07 DEERE XUV 850D JD XUV B50D GATOR 4X4 15 KUBOT RTV1140CPX KUBOTA 1140 RTV FORD F450 CONE TRUCK FORD F450 FLAT BED FORD F450 CONE TRUCK FORD F550 CONE TRUCK 4X4 FORD F350 FLATBED FORD F550 MECHANIC TRK GP FORD F550 MECHANIC TRUCK FORD F550 MECHANIC TRUCK MACK WATER TRUCK -TANDEM INTNL 4300 WATER TRUCK INTNL 4300 WATER T -Rental MACK DUMP TRUCK P/B DUMP TRI AXLE GMC 7500 ASPH SERV TRK 3-0010 CONE TRUCKS A 3-0346 1FDXF46FXXEA86622 097 YXY 12/31/17 99 FORD F450 A 3-0359 IFDXF46FSXES90838 334 YXY 12/31/17 99 FORD F450 A 3-0363 1FDXF46F2XEE23459 J48 2YS 12/31/17 99 FORD F450 A 3-0354 IFDUFSHTXGRA56090 EKEU33 12/31/17 15 FORD F550 4 Pieces 3-0012 FLATBED TRUCKS A 3-0376 1FDWF36P66EA79468-BB&T-8/2011 V79 3XH 12/31/15 06 FORD P350 1 Pieces 3-0014 MECHANIC TRUCKS 2 TON A 3-0374 1FDAF56P74ED94041 Q74 2YE 12/31/15 04 FORD F550 A 3-0378 1FDAF56PX6EC11833-FORD-11/2010 W38 4VU 12/31/17 06 FORD F550 A 3-0382 1FDUF5HT7FED10505 EQLD35 12/31/17 15 FORD F550 3 Pieces 3-0020 WATER TRUCKS A 3-0318 1M2B206CXPM011610 N35 740 12/31/17 93 A903-0018 IHTMMAAM76HI33932 MACK DM690S R903-0019 3HAMMMMMIFL599637 16 INTNL 4300 3 Pieces 17 INTNL 4300 3-0030 TANDEM DUMP TRUCKS A 3-0202 1M2B120CBDA052516 OFF ROAD 1 Pieces 83 MACK 3-0040 TRI AXLE DUMP TRUCKS A 3-0379 IN9ALTEX47N666786-BB&T-4/2015 N90 72L 12/31/17 07 PTRB 1 Pieces 357 3-0050 ASPHALT SERVICE TRUCKS A 3-0375 1GDM7C1326F405754 N00 35R 12/31/17 06 GMC TC75OO FORD F450 CONE TRUCK FORD F450 FLAT BED FORD F450 CONE TRUCK FORD F550 CONE TRUCK 4X4 FORD F350 FLATBED FORD F550 MECHANIC TRK GP FORD F550 MECHANIC TRUCK FORD F550 MECHANIC TRUCK MACK WATER TRUCK -TANDEM INTNL 4300 WATER TRUCK INTNL 4300 WATER T -Rental MACK DUMP TRUCK P/B DUMP TRI AXLE GMC 7500 ASPH SERV TRK DICKERSON FLORIDA, INC. 1 Pieces Equipment Profiles by Category 16.05 06/08/17 3-0060 FUEL & LUBE SERVICE TRUCK A 3-0310 le"7H193M.7518226 OFF ROAD A 3-0361 1M2B209C1XM024824 91 GMC TOPKICK GMC LUBE TRUCK N35 79Q 12/31/17 99 MACK DM690S MACK FUEL & LUBE SERV TRK A 3-0362 1M2B209C3XM029825 N35 79Q 12/31/17 99 MACK DM690S 3 Pieces MACK FUEL & LU86 SERV TRK 3-0070 LOWBOY TRACTORS A 3-0381 1MIBD02Y1DM001463 A 3-0383 IMlAN07YBFM021066 2 Pieces 4-0011 ENCLOSED TRAILERS e X 20 A 4-0644 1Z9BV2028CF147090 A 4-0646 lZ9BV202XCF147091 2 Pieces 4-0030 LOWBOY TRAILERS A 4-0642 4OFS0523X31022449 A904-0001 4SODK4B3561002361 2 Pieces 4-0080 STORAGE CONTAINERS ' A 4-0653 909063-¢ A 4-0654 403298-0 A 4-0655 403036-0 A 4-0656 CRXU428122-3 SIN77777 A 4-0658 LASUS14224-6 5 Pieces 302 PZQ 12/31/17 13 MACK TD713 MACK LOWBOY TRACTOR EUQL64 12/31/17 15 MACK CHN613 MACK CHN613 LOWBOY TRACTO 415 XMT 6/30/17 04 ROADR ROADRUNNER 8' X 20' ENCLOSED TRAILER 407 XMT 6/30/17 04 ROADR ROADRUNNER e' X 20' ENCLOSED TRAILER C0729I P 12/31/17 03 TALE T31)WSOSAHR TALBERT LOWBOY TRAILER C1832Z P 12/31/17 06 TRAIL PAVER SPEC TRAIL SOBS SOT LOWBOY TRI 5-0010 TACK DISTRIBUTORS A 5-0075 2FZAASAK23AK83204 & 5-3380 1 Pieces 7-0010 BROOM TRACTORS A 7-0059 C686732 A 7-0067 BR23193 A 7-0070 0751596 40- 401 40' 40' 09 ONE T 40' 66 FRUE 68 GINDY 81 WELLS 85 WELLS 81 MILL 6/30/17 07 ANDER EQT7183T NA NA 6/30/17 08 CONTE 1-12 16 6/30/17 OS CLINE 15- N22 51N 12/31/17 03 STLG CENT.11 82 FORD 2810 88 FORD 2810 90 FORD 2810 STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER FRUEHAUF BULK OIL VAN GINDY TOOL TRAILER WELLS FARGO TOOL TRAILER WELLS CARGO WW1211 TRLR TRLR FORT DRUM PIT 20' STORAGE CONTAINER ANDERSON TANDEM AXLE 7X18 20' STORAGE CONTAINER CONTRAIL TANDEM 12000 LB TRAILER FOR STRAIGHTEDGE ASP DIST S/N0086749375 FORD 2310 BROOM TRACTOR FORD 2810 BROOM TRACTOR FORD 2810 BROOM TRACTOR 4-0090 MISC TRAILERS A 4-0387 AVH649004 A 4-0487 50227 A 4-0513 1783006466 A 4-0589 WC2DDE14F301092 A 4-0645 A 4-0647 2007253 A 4-0650 4YNBN182X7C045669 A 4-0651 2205 THE MOBILE STORAGE GROUP W70 7VX A 4-0652 4KNUC16237LIG4091 A 4-0657 15' CLINE ROLLING STRAIGHTEDGE 600 VQB 10 Pieces 255 VQB 5-0010 TACK DISTRIBUTORS A 5-0075 2FZAASAK23AK83204 & 5-3380 1 Pieces 7-0010 BROOM TRACTORS A 7-0059 C686732 A 7-0067 BR23193 A 7-0070 0751596 40- 401 40' 40' 09 ONE T 40' 66 FRUE 68 GINDY 81 WELLS 85 WELLS 81 MILL 6/30/17 07 ANDER EQT7183T NA NA 6/30/17 08 CONTE 1-12 16 6/30/17 OS CLINE 15- N22 51N 12/31/17 03 STLG CENT.11 82 FORD 2810 88 FORD 2810 90 FORD 2810 STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER STEEL STORAGE CONTAINER FRUEHAUF BULK OIL VAN GINDY TOOL TRAILER WELLS FARGO TOOL TRAILER WELLS CARGO WW1211 TRLR TRLR FORT DRUM PIT 20' STORAGE CONTAINER ANDERSON TANDEM AXLE 7X18 20' STORAGE CONTAINER CONTRAIL TANDEM 12000 LB TRAILER FOR STRAIGHTEDGE ASP DIST S/N0086749375 FORD 2310 BROOM TRACTOR FORD 2810 BROOM TRACTOR FORD 2810 BROOM TRACTOR DICKERSON FLORIDA, INC. A 7-0071 BB90447 A 7-0072 BB90464 A 32-0080 BB49767 6 Pieces 8-0010 RT ROLLER - ASPHALT A 9-0142 A91C3830G A 9-0153 A91C3228A A 9-0172 90IA22202224 3 Pieces 8-0021 STATICROLLER— A8t A B-0164 821 A900-0003 901014603439 2 Pieces 8-0030 VIE DBLDRUM— 3 - S T ASPH� A e-0169 1170513116 1 Piece, e-0040 VIE DBL DRUM 66" ASPHALT A e-0172 CNH00516 1 Piece, 9-0020 3 WHL ROLLER 12 T GRADE A 8-0115 496D41EB4 A e-0116 496D77EB4 A e-0128 516611 -EBS A e-0129 516678 -EBS 4 Pieces 9-0090 VIS SINGLE DRUM 66" GRADE A 9-0166 3TM00630 A 9-0167 3TM00704 A 9-0176 M4C00384 A 9-0177 M4C00385 4 Piece, 9-0050 VIB SINGLE DRUM 84" GRADEI A 9-0173 DAK00492 A 9-0174 DAK00493 A 9-0175 LSH00277 A 9-0178 LSH01202 4 Pieces 14-0010 WELDERS A 14-0075 Z33 621 A 14-0100 HX261240 A 14-0161 A 14-0165 03000110101 A 14-0166 1040814087 A 14-0167 U10409248S Equipment Profiles by Category 16:05 06/08/17 90 FORD 2810 FORD 2810 BROOM TRACTOR 90 FORD 2810 FORD 2810 BROOM TRACTOR 88 FORD 2810 FORD 2810 FARM TRACTOR 87 HYSTE C530A HYSTER C530A R.T. ROLLER 88 HYSTE CS30A RT HYSTER C530A R.T. ROLLER O6 BOMAG BW 11RH SOMAS BW11RH R/T ROLLER 89 FERGU PER a-12 06 SOMAL BW9AS 98 HYPAC C7470 06 CAT CB434D 79 INGRA 12TON 79 INGRA 12TON 81 INGRA 12TON 81 INGRA 12TON 98 CAT CS -433C 98 CAT CS -433C 12 CAT CS 44 12 CAT CS 44 07 000 CS533E 07 CAT CS533E 12 CAT CS56B 15 CAT CS56B FERGUSON B-12 ROLLER SOMAS BW9AS ROLLER HYPAC C 747 B CAT CB434D VIE DBL 10 TON INGRAM 12 T 3 WHL ROLLER INGRAM 12 T 3 WNL ROLLER INGRAM 12 T 3 WHL ROLLER INGRAM 12 T 3 WHL ROLLER CAT CS433C VIE ROLLER CAT CS433C VIE ROLLER CAT CS 44 ROLLER CAT CS 44 ROLLER CAT CS533E VIB ROLLER CAT CS533B VIB ROLLER CAT CS56B VIB ROLLER 84" CAT CS56B VIB ROLLER 74 LINCN LINCOLN TM 300/300 WELDER 79 MILLE MILLER WIRE WELDER 97 52031 DAYTON 50 AMP PLASMA CUTTER 00 LINCN LINCOLN WELDER O 04 LINCN RANGER 30 LINCOLN WELDER ON (3-374) 05 LINC RANGER 10K LINCOLN WELDER/GENERATOR DICKERSON FLORIDA, INC. Equipment Profile, by Category 16:05 06/08/17 A 14-0168 ?MCA18691017 Llc. Ta p fix ires42 Yr Make Model Deecri Gion 7 Pieces 07 MCELO MCELROY MCELROY POLY PIPE WELDER 15-0010 SKID STEER RUBBER TIRE A 15-0328 JAY03642 1 Piece, 15-0021 SKID STEER 2500 K TRACK 2I A 15-0316 SLK05326 FORKS SN-US4826 A 15-0317 SLK04910 FORKS SNeUS4823 A 15-0323 SLK07592 A 15-0334 FTL01955 A 15-0335 PTL0S311 5 Piece, 15-0030 COMBINATION BACKHOE A 15-0319 BFP16095 A 15-0338 HWD01095 2 Pieces 15-0040 WHEEL LOADER 3 YARD 938 A 15-0325 CRD02345 *1031 LIKE KIND EXCH. A 15-0329 SWL00518 A 15-0330 SWL00519 A 15-0331 SWL00512 A 15-0332 SWL00515 A 15-0333 HXC03002 A 15-0336 J3R00716 A 15-0337 SWL03945 A 15-0339 J3R03755 A915-0005 RTB02260 *1031 LIKE KIND EXCH. 10 Pieces 15-0050 WHEEL LOADER 4 YARD 950 A 15-0321 KSK00555 A 15-0340 EME03725 2 Piece, 20-0010 HID6NERS A 20-0090 19527-60 1 Piece, 20-0020 PAVER 8- A920-0092CD600295 BLK00308-SCREED 1 Piecee 23-0010 PUMP SMALL A 23-0802 238020 A 23-0818 71710135 A 23-0824 48689D7 A 23-0826 A 23-0836 2P103A-1008 4/27/10 09 CAT 2461X CAT 246CX R/T SKID STEER 06 CAT 2575 CAT 257B SKID STEER 06 CAT 2578 CAT 257B SKID STEER 07 CAT 2578 CAT 2578 SKID STEER 14 CAT 259D CAT 259D SKID STEER 15 CAT 259D CAT 259D SKID STEER 06 CAT 416D CAT 416D COMBO BACKHOE 16 CAT 420F2 CAT 42OF COMBO BACKHOE 08 CAT 9380 CAT 9380 WHEEL LOADER 12 CAT 930K CAT 938K LOADER 12 CAT 938K CAT 938K LOADER 12 CAT 938K CAT 938K LOADER 12 CAT 938K CAT 938K LOADER 12 CAT 924H CAT 924H LOADER 15 CAT 938M CAT 938M LOADER 15 CAT 938K CAT 938K WHEEL LOADER 17 CAT 938M CAT 939M LOADER O6 CAT 9380 CAT 93B0 WHEEL LOADER 06 CAT 950H CAT 950H WHEEL LOADER 17 CAT 950M CAT 950M LOADER 02 BLANK RW195D BLAW KNOX WIDENER 04 CAT AP -650, CAT AP -650 PAVER 90 3" MUD H00 98 RACKS PT3V 3"CENTRIFICAL PUMP 99 RICE 202-50 HYDROSTATIC TEST PUMP 00 MULTIQUIP-INC. 3" PUMP 09 DAYTO 2P103 2" WATER PUMP 6.5 HP DICKERSONyFLORIDA, INC. Equipment Profile, by Category 16:05 06/08/17 thru 999-9999 (FMV be EouiMtn p Serial _ Number A 23-0843 031149 A 23-0844 20101086 A 23-0845 2010087 A 23-0846 20133198 A 23-0847 24226938 A 28-0225 050188 11 Piece, 23-0020 END SUCTION PUMP A 23-0830 4145 1 Piece, 23-0040 6" TRASH PUMP A923-0041 R923-0046 D6-404.22-1128 2 Piece, 23-0045 14" TRASH PUMP A 23-0842 PE6068L11368 JD6068T-3846 1 Pieces 23-0050 PUMP 12" X 14" TRASH A 23-0834 D14S-6081 T-1215 A 23-0835 H-14TP-5337 2 Pieces 23-0060 12X10 BOOSTER PUMP A 23-0838 823 JD 325HP SIN RO6090L062404 A 23-0839 824 JD 325HP SIN RG6090L062698 A 23-0840 825 JD 325HP SIN RG6090L062702 3 Piece, 26-0010 MISC EQUIPMENT A 26-0073 2673 A 26-0074 18776 A 26-0076 2676 A 26-0077 A 26-0078 A 26-0079 SF06012412A9 A 37-0037 058855 7 Piece, 27-0010 GENERATOR A 27-0002 090085 ENG=4-34-K87845 1 Piece, 28-0010 LIGHT PLANT A 28-0215 16865 J91 A 28-0219 5494511 A 28-0220 042413 A 28-0223 991637 A 28-0224 991638 20044 11 TSURU SPT-300HA 4" TSURUMI PUMP W/ HONDA 12 WACKR WACPT3A 3" TRASH PUMP HONDA ENG 12 WACKR WACPT3A 3" TRASH PUMP HONDA ENG 12 WACKR PT2A 2" PUMP 15 WACKR PT3A WACKER PT3A 3" TRASH PUMP MAGNU MLT3060 4000 WATT LIGHT PLANT 03 MWI JP006 6" HIGH HEAD JET PUMP 16 HOLLA 6TP HOLLAND 6" TRASH PUMP 16 HOLLA H6TP-D6 HOLLAND 6" TRASH P -Rental 10 HOLLA PTI4TPE 14" SUCTION TRASH PUMP 06 HOLLA H14TP-6080 14"X12" TRASH PUMP 06 HOLLA H14TP-5337 PUMPHEAD H-14TP-5337 09 ELLIC 1210BP-823 12X10 BOOSTER PUMP W/ JD 09 ELLIC 121013P-824 12X10 BOOSTER PUMP W/ JD 09 ELLIC 1210BP-825 12X10 BOOSTER PUMP W/ JD 94 GUEST 18 ASPHALT CUTTER 99 PEMB MDG300 MATERIAL DENSIFIER GRAPPL 00 BIGOX MT16022 FARM DISK 02 MALET PL1805 ROTOVATOR 09 KENCO KL9000 KENCO BARRIER WALL CLAMP 12 KENCO KL9000 KENCO BARRIER WALL CLAMP 00 KARCH BOB 1000 INTERGRATED CLEANING SYS. 06 GENER 6969220100 GENERAC 100KW GENERNATOR 91 WINCO MD65/E WINCO GENERATOR SSKW 04 MI LTI MQ8000 8000W GENSET MAGNU MLT3060MMH MAGNUM LIGHT PLANT 04 BATTS X -LIGHT NO GENSRATOR 04 BATTS L48EE-DEGY X -LIGHT W/YANMA GENERATOR 29-0010 AIR COMPRESSOR A 29-0156 87F A 29-0178 M0983 A 29-0180 M1991 A 29-0186 VA002607 A 29-0187 R40A8574 A 29-0191 OCAA 3885027 A 29-0193 AS06120650-KOHLER ENGINE A 29-0194 201206120224 8 Pieces 30-0010 GRADALL A 30-0333 SN0412531 8930-0051 2 Piece, 30-0020 EXCAVATOR MINI A 30-0345 FL201622 R930-0053 FKY00801 2 Piece, 30-0050 EXCAVATOR 50 TON A 30-0347 U4u,S33 1 Piece, 30-0060 EXCAVATOR 60 TON A 30-0346 DBW01186 1 Piece, 30-0070 EXCAVATOR 70 TON A 30-0348 WGLOU787 1 Pieces 30-0080 EXCAVATOR 80 TON 330 A 30-0343 MWP00332 A 30-0344 YEP00340 A 30-0349 SSN00392 3 Pieces 31-0010 CORING RIO A 31-0005 315 A 31-0040 3140 2 Pieces 32-0010 FARM TRACTOR A 32-0079 BB41766 A 32-0081 BB54814 A 32-0082 B134058 86 CHAMP R15A 94 NAPA 95 06 82-1033GT 00 CHAMP HRFL15-12 04 SPEED 4LW38 07 CURTI 13E2GTEK 12 SULLA SUL185DPQ CHAMPION AIR COMPRESSOR NAPA AIR COMPRESSOR NAPA AIR COMPRESSOR AIR COMPRESSOR ON 3-340 AIR COMPRESSOR 0 SHOP AIR COMPRESSOR ON 3-309 AIR COMPRESSOR ON 3-341 SULLAIR185CFM COMPRESSOR MDV l0Y 6/30/17 01 GRADL XL412531 GRADALL 15 GRADA PRP GRADALL -Rental 12 CAT 305.SDCR CAT MINI EXCAVATOR 16 CAT 3055E2CR CAT 305 MINI EXCAV-Rental 16 CAT 314 CAT 314 EXCAVATOR 14 CAT M318D CAT M318D R/T EXCAVATOR 16 CAT 326LR CAT 326LR EXCAVATOR 06 CAT 330DL CAT 330DL EXCAVATOR 12 CAT 336 EL CAT 33GEL EXCAVATOR 16 CAT 336F CAT 336F EXCAVATOR L0S 7AR 6/30/17 90 ASPT L06 BAR 6/30/17 98 ASPT MILWAUKEE DSD DYMODAI LL CORING RIG 86 FORD 2810 FORD 2810 FARM TRACTOR 90 FORD 2810 FORD 2810 FARM TRACTOR 16 MASSY 130 HP FARM TRACTOR WITH DISK DICKERSON FLORIDA, INC. Equipment Profiles by Category 16:05 06/08/17 thru 999-9999 (FMV be Equipmt# Serial Number A928-0002 SS 90345 $357/.0 Lic.Ta $ Eices® Yr Make Model Descxi tion A928-0003 5890351 $357/MO 10 WACKE LTN6L N LIGHT PLANT 7 Pieces 10 HACKS LTN6L LIGHT PLANT 29-0010 AIR COMPRESSOR A 29-0156 87F A 29-0178 M0983 A 29-0180 M1991 A 29-0186 VA002607 A 29-0187 R40A8574 A 29-0191 OCAA 3885027 A 29-0193 AS06120650-KOHLER ENGINE A 29-0194 201206120224 8 Pieces 30-0010 GRADALL A 30-0333 SN0412531 8930-0051 2 Piece, 30-0020 EXCAVATOR MINI A 30-0345 FL201622 R930-0053 FKY00801 2 Piece, 30-0050 EXCAVATOR 50 TON A 30-0347 U4u,S33 1 Piece, 30-0060 EXCAVATOR 60 TON A 30-0346 DBW01186 1 Piece, 30-0070 EXCAVATOR 70 TON A 30-0348 WGLOU787 1 Pieces 30-0080 EXCAVATOR 80 TON 330 A 30-0343 MWP00332 A 30-0344 YEP00340 A 30-0349 SSN00392 3 Pieces 31-0010 CORING RIO A 31-0005 315 A 31-0040 3140 2 Pieces 32-0010 FARM TRACTOR A 32-0079 BB41766 A 32-0081 BB54814 A 32-0082 B134058 86 CHAMP R15A 94 NAPA 95 06 82-1033GT 00 CHAMP HRFL15-12 04 SPEED 4LW38 07 CURTI 13E2GTEK 12 SULLA SUL185DPQ CHAMPION AIR COMPRESSOR NAPA AIR COMPRESSOR NAPA AIR COMPRESSOR AIR COMPRESSOR ON 3-340 AIR COMPRESSOR 0 SHOP AIR COMPRESSOR ON 3-309 AIR COMPRESSOR ON 3-341 SULLAIR185CFM COMPRESSOR MDV l0Y 6/30/17 01 GRADL XL412531 GRADALL 15 GRADA PRP GRADALL -Rental 12 CAT 305.SDCR CAT MINI EXCAVATOR 16 CAT 3055E2CR CAT 305 MINI EXCAV-Rental 16 CAT 314 CAT 314 EXCAVATOR 14 CAT M318D CAT M318D R/T EXCAVATOR 16 CAT 326LR CAT 326LR EXCAVATOR 06 CAT 330DL CAT 330DL EXCAVATOR 12 CAT 336 EL CAT 33GEL EXCAVATOR 16 CAT 336F CAT 336F EXCAVATOR L0S 7AR 6/30/17 90 ASPT L06 BAR 6/30/17 98 ASPT MILWAUKEE DSD DYMODAI LL CORING RIG 86 FORD 2810 FORD 2810 FARM TRACTOR 90 FORD 2810 FORD 2810 FARM TRACTOR 16 MASSY 130 HP FARM TRACTOR WITH DISK DICKERSON FLORIDA, INC. equipment Profiles by Category 16e05 06/08/17 thru 999-9999 (FMV be B i tp Serial Number 3 Pie cea Lic. Ta k ExireaB Yr Make Model Deacrintion .. 33-0010 MOTOR GRADER 1— 2 A 33-0168 CBK01257 A 33-0169 F9M00125 07 CAT 12H CAT 12H A 33-0170 F9M00175 12 CAT 12M2 MOTOR GRADER A 33-0171 F9M00186 12 CAT 12M2 CAT 12M2 MOTOR GRADER A 33-0172 F9M001B7 12 CAT 12M2 CAT 12M2 GRADER A933-0001 AMZ01031 12 CAT 12M2 CAT 12M2 GRADER 6 Piecea 06 CAT 12H CAT 12M2 GRADER CAT 12H MOTOR GRADER 39-0090 DOZER 90 HP (DS) A 34-0229 RKG01057 A 34-0330 ARD01897 04 CAT D5G LPG CAT D5G DOZER A 34-0332 YYY01627 07 CAT DSNLGP A 34-0333 KY202484 12 CAT DSKLGP CAT DSNLGP DOZER CAT DSKLGP DOZER 4 Piecea 16 CAT DSK2 CAT DSK2 DOZER 34-0180 DOZER 180 HP D6) A 34-0334 JTR00320 1 Piecea 16 CAT D6K2LGP CAT DGK2LGP DOZER 38-0010 CLINE ROLLING STRAIGHT EDI A 38-0477 7901 A 38-0551 8704 81 2 Piecea 87 CLINE ROLLING STRAIGHT CLINE ROLLING STRAIGHT 38-0020 TAMP PLATE SMALL A 38-0533 3M0006 A 38-0605 5509393 00 A 38-0606 6606348 04 WACKR WP1550AW MASTER PLATE TAMP A 38-0607 10168164 07 RACKS 007576 COMPACTOR 4 Pieces 12 WACKR DPU4545 WACKER 007576 PLATE TAMP HACKER REVERSIBLE TAMP 38-0030 TAMP PLATE REVERSIBLE A 38-0593 7-6257890 1 Piecea 97 WACKER REV TAMP PLATE 38-0040 DIAL GRADE A 38-0322 590 A 38-0363 3698-270 77 2 Piecea 78 DIALGRADE OVER -THE -TOB SPECTRA DIAL GRADE II 46-0010 AIR TOOLS A 46-0002 460020 1 Pieces 00 CHIPPING HAMMER 49-0010 BVCKETS A 49-0231 492310 1 Piecea 93 3/4 YD CONCRETE BUCKET 50-0010 SCRAPER 11 YARD A 50-0234 08LJO1426 96 CAT 813C CAT 613C SCRAPER RPT-EQC002 DALE DICKERSON FLORIDA, INC. Equipment Profiles by Category 16:05 06/08/17 EguipmtP Serial Number Lic T qR Expires@ Yr Make Model Description N 1 Pieces 51-0010 SPREADERS I A 51-0028 72784 A 51-0029 B4BD93247 2 Pieces 52-0010 ROOT RAKES & SCARIFIERS A 52-0001 52001 A 52-0002 W.O. 14012-B A 52-0051 53882 3 Pieces 54-0010 CUT OFF SAW A 54-0624 068880 A 54-0671 6410746 A 54-0673 345746643 A 54-0675 16050265 A 54-0676 161258424 A 54-0677 164178116 - CHANDLER EQ. A 54-0678 164606746 - UNITED RENTALS A 54-0679 166127409 - CHANDLER EQ. A 54-0680 169236677 A 54-0681 1-267926209 A 54-0682 161658301 A 54-0683 172466934 A 54-0684 5885426 A 54-0685 20032606775 A 54-0686 179430315 A 54-0687 179578834 16 Pieces 59-0010 MIXER I A 59-0012 06DD00038 A 59-0013 4495 A 59-0014 6DD00130 3 Pieces 65-0025 OFF ROAD TRUCK 25 TON A 65-0046 TFS00759 A 65-0047 TFB00774 2 Pieces 70-0020 LAWN MOWERS - RIDING A 70-0001 2012737803 1 Pieces 71-0010 CORING MACHINE I A 71-0036 710360 1 Pieces 82 HI WAY SPREADER 93 RIVENIUS TRENCHER LOADER 96 AMERI GSDW820LW TRENCH SHIELD 99 KRING B YARD 8 YARD ROCK BOX 93 9508 STACKER RAKE 90 CONCRETE SAW WALK BEHIND 00 STIHL 029 SUPER CHAIN SAW O1 CUT OFF SAW 03 STILH TS40014 14" CUT OFF SAW 04 STIHL TS40014 CUT OFF SAW 06 STIHL TS700 CUT OFF SAW 06 STIL TS700 CUT OFF SAW 06 STIHL TS40014 STIL TS40014 CUTOFF SAW O8 STIL TS700 CUT OFF SAW STIHL MS 390 STIHL MS 390 20" CHAINSAW 11 STIHL TS400 CONCRETE SAW 11 STIHL TS420 CONCRETE SAW 12 WACKR BTS635 WACKER CONCRETE SAW HUSQV 141 HUSQVARNA CHAIN SAW 16" 15 STIHL TS420 14" GAS CUTOFF SAW 15 STIHL 14" GAS CU TOFF SAW 86 CAT SS250 CAT SS250 MIXER 87 BROS LSPR4-BA EROS LPSR4-8A MIXER 00 CAT CATSS250 CAT SS250 MIXER 16 CAT 725C CAT 725C OFF ROAD TRUCK 16 CAT 725C CAT 725C OFF ROAD TRUCK OR SNAPP LT23460 SNAPPER 46" RIDING MOWER 86 DINC BUILT CORING MACHINE 72-0014 AIR BOATS A 72-0005 GFX01078G206/4DJSB13147A000504 353 4HV 6/30/17 06 GFX 14' GFX AIRBOAT FL9126NF DICKERSONY FLORIDA, INC. 1 Pieces Equipment profiles by Category 16:05 06/08/17 72-0015 SKIFF - PERSONNEL SPECTRA/PHYSICS LASER A 72-0004 EKHA3990 J910 1ZEVAES14AA003157 717 YXY .6/30/17 10 DAVID/WHITE LEVEL A 72-0006 12EAAAKA3AA006820 987 CAROL 2480 DLX 24' C SKIFF FL4693RZ 6/12 2 Pieces MWQ 6/30/17 10 CAROL 1455DLX 14' C SKIFF FL9776NZ 6/12 72-0020 DREDGE TENDER 20' TOPCO NT -G6 LEVEL A 72-0003 FLXC7767C009 TOP C ON TOP CON TOTAL STATION 1 Pieces FL0048PA 6/30/17 OB DAI 6' X 20' 20'DREDGE TENDER FL0046PA 72-0024 DREDGE TENDER 24' A 72-0002 HIN=1NW000DSK606 206220 1 Pieces 74-0010 FORK LIFT A 74-0029 337683T 1 Piece, 79-0010 LEVEL—L LASER A 79-0055 1779 A 79-0056 205714 A 79-0129 J12623 A 79-0143 A 79-0144 PV0325 A 79-0149 LJ 2918 A 79-0156 PVZB52 A 79-0160 5450244 A 79-0165 871685 A 79-0166 4941KS9962 A 79-0167 13447943 A 79-0170 72710493 12 Pieces 79-0020 GPS LASER ------------------------- A 79-0161 21403 - CHANDLER EO. A 79-0162 21537 - CHANDLER EO A 79-0163 4641123884,30255749,4639K02739 A 79-0164 4649K03354,30318126,4641123892 A 79-0168 E00021070 A 79-0169 E00025536 6 Pieces 85-0010 DREDGE 10" BARACUDA A 85-0002 206180 1 Pieces 86-0020 BARGES - 20' A 86-0004 HOME MADE 72-0002 A 86-0005 HOME MADE 72-0003 2 Pieces 86-0030 BARGES - 30' A 86-0001 JYJ00049E909 FL4865NZ 6/30/17 06 DSC DSC 90 HP 24 -DREDGE TENDER FL4865NZ 79 JOHN DEERE 480 FORK LIFT 81 SPECTRA/PHYSICS LASER B1 DAVID/WHITE LEVEL 90 TOP CON TOTAL STATION 98 TOPLO GTS2B AUTO TOTAL STATION 99 TOPCO NT -G6 LEVEL 99 TOP C ON TOP CON TOTAL STATION 00 TOPCO AT -G6 LEVEL 05 LEICA 730 LEICA 30X AUTO LEVEL 08 NWT NCL22X NWT 22X AUTO LEVEL 10 RKT 91460-40 RTX GPS SYSTEM 14 SPECT LL300 SPECTRA LL300 LASER LEVEL 15 TRIMS SPS620 TRIMBLE SPS620 ROBOTIC ST 06 LASER SPYLL200-1 LASERPLANE LASER W/TRIPOD 06 LASER SPYLL200-1 LASERPLANE LASER W/TRIPOD 06 SPS850 EXT OPS SPS850 EXTREME LASER 07 TRIMS SPS850 EXT OPS GPS850 EXTREME LASER 13 TRIMS CGS900MS99 TRIMBLE OPS MACHINE KIT 13 TRIMB COS900MS99 TRIMBLE OBS MACHINE KIT 06 DSC BARRACUDA 10" BARRACUDA DREDGE 10 DFI 7' X 24' PONTOON BARGE 10 DFI 5' X 20' PONTOON BARGE 09 J&J J -BOAT PUMP BARGE 30'X 12'X 36" v KEW-NUC002 DALE DICKERSON FLORIDA, INC. Equipment Profiles by Category 16:05 06/08/17 _Equipmt# Serial Number Lic.Tagg EMiresa Yr make Model A 86-0002 JYJ00050E909 D e ripti h A B6-0003 210100 09 J&J J -BOAT PUMP BARGE 301X 12'X 36" 3 Pieces 10 DSC IDLER BARG IDLER BARGE 11'X10"X40" A136-0357 SMXQ849A2CH 1 Pieces 245 Pieces in Company 00 HP DL360 NETWORK SERVER & EQUIP • ROLLER OPERATOR 2 SKID STEER OPERATOR 1 BACKHOE/TRACHOE OPERATOR 1 1 GRADALL OPERATOR 1 DECKHAND 1 END DUMP OPERATOR 1 DOZER OPERATOR 1 1 1 1 DISTRIBUTOR OPERATOR 1 LOWBOY DRIVER 1 1 DUMP TRUCK DRIVER 1 FUEL TRUCK DRIVER 1 TRAFFIC CONTROL SPECIALIST 1 1 MECHANIC 1 1 1 GRADECHECKER 1 LABORER; SKILLED 3 2 LABORER; COMMON OR GENERAL 2 SECTION 01010 I.IiluAu/_\WallA lIXG) R.i PART1-GENERAL 1.1 RELATED DOCUMENTS: Contract Drawings, General Provisions, Supplementary Conditions, General Requirements, and other Special Provisions and Specifications apply to work of this section. 1.2 CONTRACT DOCUMENTS: Indicate the work of the Contract and related requirements and conditions that have an impact on the project. Related requirements and conditions that are indicated on the Contract Documents include, but are not necessarily limited to the following: A. Existing site conditions and restrictions on use of the site. B. Mandatory staging/sequencing. C. Requirements for partial utilization of various elements prior to substantial completion of the work. D. Work to be performed concurrently by the Owner. 1.3 SUMMARY BY REFERENCES: Work of the Contract can be summarized by references to the Contract, General Provisions, Supplementary Conditions, Specifications, Drawings, and Addenda and Modifications to the contract documents issued subsequent to the initial printing of this Project Manual, including but not necessarily limited to printed material referenced by any of these. It is recognized that work of the Contract is also unavoidably affected or influenced by governing regulations, natural phenomenon including weather conditions, and other forces outside the contract documents. 1.4 CONSTRUCTION PHASING: To minimize the impact to aircraft operations and airfield tenants, and to avoid construction during adverse weather seasons, the Contract shall be completed in phases as specified hereinafter as described on the plans. Each phase of the Contract shall be completed within the contract time as specified herein. 1.5 CONSTRUCTION TIME: A. Time Schedule: The work as described by the contract specifications and as shown on the plans shall be completed and ready for use 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. B. Material Delivery: Upon approval of the bid and securing the necessary funding by Owner, FDOT and FAA, the Engineer will issue a Notice -of -Award. The Contractor shall then Taxiway "D" and "E" 01010-1 Summary of Work Sebastian Municipal Airport immediately order the entire airfield lighting materials including but not limited to lights, signs, regulator, etc. The Contractor shall furnish documentations confirming order date and material delivery date. 1.6 LIQUIDATED DAMAGES: A. Owner and Contractor recognize that time is of the essence and that Owner will suffer financial loss if the work is not substantially complete in accordance with the time(s) specified herein. They also recognize the delays, expenses and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner the amounts stipulated hereinafter. B. Contractor further understands and hereby expressly agrees that in addition to liquidated damages specified hereinafter, to pay the Owner the actual costs to Owner for any inspector or inspectors necessarily employed by Owner on the work and the actual costs to Owner for the Engineer's observation of construction and project representative services including all travel and subsistence expenses after the date specified for Project completion until the work is completed and ready for final payment. Further, the Contractor agrees that the sums to be paid the Owner may be deducted from the sum due the Contractor for work performed as provided in Section 90 of the General Provisions. I. LIQUIDATED DAMAGES SCHEDULE Phase Begin Date Consecutive Calendar Days to Complete Liquidated Damages Entire Pro iect Notice to Proceed 180 $500 per day 2 Date Runwav 10-28 is closed 30 $500 per day 4 and 5 Date Runwav 5-23 is closed 45 $500 per da In addition the Contractor shall pay the Owner $100 per 15 minute Period beyond sunrise each moming that the runway is not ready to be opened during Phase 7.1n addition, the C. The Contractor shall complete all punch list items determined by the Owner and the Engineer within 30 consecutive calendar days from the date of the inspection punchlist venerated by the Engineer atter the contractor submits a notice of Substantial Completion-lospeetie». Failure to do so will result in liquidated damages of $500 per day beyond the 30 day period. A. Overlapping Work: The work to be performed may overlap work by others to be performed concurrently. Each Contractor shall coordinate and schedule his work with the knowledge that each may be working the same area simultaneously. Each Contractor will be expected to cooperate with the Engineer, Owner, and other Contractors in the completion of the work. B. Disputes: The Engineer, whose decision will be final, will decide any disputes arising between the Contractors. Taxiway "D" and "E" 01010-2 Summary of Work Sebastian Municipal Airport C. Coordination: Contractors shall coordinate their schedules and work activities very closely, including holding weekly meetings in the presence of the Engineer's onsite representative. Contractors must cooperate with each other, including working around each other's work activities. Potential delays as a result of lack of coordination will not be considered grounds for claim for additional time extensions and/or additional compensations. 1.8 CONTRACTOR USE OF PREMISES: A. Use of the Site: The Contractor shall confine his operations at the site to the areas permitted under the Contract. Portions of the site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction. B. Open Passage: Keep existing drives, entrances, and air operations areas designated to remain open, clear, and available to the Owner, his employees and the public at all times. Do not use these areas for parking or storage of materials. C. Storage: Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials and location of storage sheds to the areas indicated. If additional storage is necessary, obtain Engineer's approval. D. Vehicle/Equipment Security: Lock automotive type vehicles, such as passenger cars and trucks, and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place. 1.9 WORK RESTRICTION: A. NAVAID Areas: During the time of construction, the Contractor may be restricted from working in or around certain essential electronic navigational aids necessary to the safe operation of the airport. The Contractor is hereby notified that the Engineer may restrict construction operations in those areas closest to the active runway and taxiways. B. Radio Communication: Contractor shall monitor the ?-wav airport UNICOM frecuencv (123.05 MHz) at all times during construction. Contractor shall have a working radio on site at all times during construction and shall assign responsible personnel, including flagmen, to continuously monitor the radio. All radios shall be as specified in Section 0 15 10. C. Notice to Airmen (NOTAMS): The Contractor shall provide the necessary information on construction conditions so that the Owner can advise the Flight Service Station to issue a NOTAM in accordance with established criteria. All requests for NOTAMS for taxiway closures shall be made at least 48 hours in advance (not including weekends) by the Contractor to the Engineer. All requests for closure of a runway or for moving into a phase that requires the closure of a Navaid shall be made at least 7 days in advance (not including weekends) by the Contractor to the Engineer. D. Turf Restoration: All non -paved areas that are disturbed by the Contractor's work, staging area, haul roads, etc. shall be reseeded and restored to original condition by the Contractor. Except Taxiway "D" and "E" 01010-3 Summary of Work Sebastian Municipal Airport where otherwise specified, there will be no separate pay item for this work; it will be considered incidental to and included in the price bid for Section 01000, Mobilization. E. Security: Contractor shall provide security within his construction area and shall keep all unauthorized personnel out. F. Haul Route on Airfield Pavement: Contractor will not be allowed to use any of the existing runways, taxiways, or aprons as part of the haul road unless authorized in writing by the Engineer. G. Access Points: All construction traffic shall enter and exit the project area only through the project access point(s) shown on the plans or approved by the Engineer. Contractor will be responsible for security of entrance gates under use by him/her. H. Construction Stakeout: The Contractor shall perform construction stakeout in accordance with Article 50-06 of the General Provisions. Haul Route: The Contractor shall be responsible for establishing haul routes suitable for supporting all necessary transportation and construction equipment for the duration of the project. Any existing roads or other areas that are used as part of the haul route shall be restored to their original condition after completion of the project. The Contractor will be responsible for all clean up operations of debris that may be on the haul route and for watering and/or other dust preventive measures to preclude fugitive dust from affecting buildings, occupants, or airfield operations. No separate payment will be made for seeding or mulching, or pavement restoration; such costs will be incidental to and included in the price bid for Section 01000, Mobilization. Airfield Safety Devices: Contractor shall maintain all airfield safety devices such as staked limit lines for the duration of the project as required. Damaged stakes or flagging shall be replaced immediately. K. Vehicular Markings and Lighting: All vehicles and equipment used on the airfield shall meet airport requirements for marking and lighting. L. Contracts During Non -Working Hours: For the duration of the project, the Contractor shall designate a list of authorized individuals in a prioritized order, to be on 24 hour call, and these individuals shall be equipped with a beeper and cellular phone. These individuals shall be able to respond to any situation arising out of the performance of the work on this project, particularly during nighttime hours, and shall respond and be on the project site within one hour after the phone call or beep. M. Airfield Pavement Cleanup: The Contractor shall promptly clean any and all debris arising from the project work that is left on operational airfield pavement. The Owner may remove any debris attributable to the Contractor found to be a hazard to aircraft. A fee of $250/hour will be assessed to the Contractor for all such cleaning and will be deducted on the next Contractor pay request. 1.10 COORDINATION: The work of this Contract includes coordination by the Contractor of the entire work of the project, including preparation of general coordination drawings, diagrams and Taxiway "D" and "E" 01010-4 Summary of Work Sebastian Municipal Airport schedules, and control of site utilization, from beginning of construction activity through project close-out and warranty periods. 1.11 PARTIAL OWNER OCCUPANCY OR USE: The Owner reserves the right to use completed and accepted work provided such use does not interfere with completion of other work. Such use will not affect warranty stipulations addressed elsewhere in the contract documents. PART 2 - PRODUCTS (Not Used.) PART 3 -EXECUTION 3.1 MEASUREMENT AND PAYMENT: Except as otherwise specified, no separate measurement or payment will be made for work set forth in this section; such costs will be considered as incidental to and included in the price for Section GP -105, Mobilization, or other items as appropriate. END OF SECTION 01010. Taxiway "D" and "E" 01010-5 Summary of Work Sebastian Municipal Airport -nL SE�T�A1V HOME OF PELICAN ISLAND IMPORTANT NOTICE Check List For All Required Documents To Be Included In Bid No. 17-12 (TAXIWAYS "D" and "E") Bidder's Name: D I ('_ EK 5Dr FG �J� Executed Form City Staff Submitted Confirmation 1) Signed Contractor Information Form 2) Signed Drug Free Workplace Form J 3) Signed Public Entity Crime Form 4) Bid Bond, if required 5) Form of Noncollusion Affidavit 6) Designation of Subcontractors List 7) Florida Trench Safety Act Statement 8) Buy American Certificate 9) E -Verify Certification 10) DBE Program Forms 11) Bid Price Schedule 12) Signed Construction Services Agreement 13) Proof of Contractor's License The submittal package should be in order of this checklist. Any bids received NOT described as above in items 1-13 will be considered incomplete and the bid will be disqualified. Signed: _ Dater) 7 ADDENDUM N0. 1 2 BID FORMS (Failure to furnish all requested data will be cause for considering Bidder non-responsive and may render this Bid invalid on that basis.) BID FOR: TAXIWAYS "D" AND "E" SEBASTIAN MUNICIPAL AIRPORT FAA AIP FUNDED PROJECT SUBMITTED TO: Sebastian Municipal Airport 202 Airport Drive East Sebastian, Florida 32958 SUBMITTED BY: DICKERSON FLORIDA, INC. Bidder's Name 3122 N. 25TH STREET Address FT. PIERCE, FL 34946 City, State and Zip Bidders shall submit, on the forms provided (Attachments 1-11), the information required. Bidders that fail to complete and show evidence of compliance with the following subsections shall be considered unqualified, and shall not be given further consideration in the bid process. 2.1 Licensing Bidder shall be licensed in accordance with the following: Chapter 489, Part 1, Florida Statutes and Chapter 61G4, Florida Administrative Code. Bidder shall provide copy of license as part of bid documents. Contractor shall be able to be properly licensed in the City of Sebastian before beginning construction. If the Bidder is a joint venture, the individual empowered by a properly executed Declaration of Joint Venture and Power of Attorney Form shall execute the proposal. The proposal shall clearly identify who will be responsible for the engineering, quality control, and geotechnical and construction portions of the Work, and license numbers and copies of these licenses/professional registrations shall be provided with Attachment 1. 2.2 Drug Free Workplace Statement The Drug -Free Workplace form, as attached hereto, shall be submitted with the qualification package. 2.3 Public Entity Crimes Any person or firm submitting a Proposal in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said qualifications package. 2.4 Bid Price Bid prices shall be submitted on the Bid Price Form (Attachment 11) attached hereto and shall include prices for the items listed. The prices shall include all costs for all construction of the Project, and all other work Taxiway "D" and "E" 2-1 Bid Forms Sebastian Municipal Airport ADDENDUM NO. 2 necessary to fully and timely complete that portion of the Project in accordance with the Contract Documents, as well as all job site and home office overhead, and profit, it being understood that payment of that amount for of the Project will be full, complete, and final compensation for the work required to complete the Project. The Bid price shall be delivered in a sealed package, to the location and time specified in the invitation to Bid. The package shall indicate clearly that it is the Bid and shall identify clearly the Bidder's name, and project description. The Bid shall be secured and unopened until the date specified for opening of the Bids. Taxiway "D" and "E" 2-2 Bid Forms Sebastian Municipal Airport ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) TO: Sebastian Municipal Airport 202 Airport Drive East Sebastian, FL 32958 (772)228-7001 Ladies/Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled Taxiways "D" and "E", Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as required, by Moe Madrigal (Name of Person or Persons) on 5/17/17 (date or dates) the undersigned hereby seeks qualification to furnish all labor and material and to perform all work as required by and in strict accordance with the above- named documents. Principal Office Address: 3122 N. 25th St., Ft. Pierce, FL 34946 (1) How many years has your organization been in business as a contractor under your present name? 35 yrs (2) How many years experience in construction work has your organization had as a general contractor? 55 yrs As a Subcontractor? 55 yrs (3) List below the requested information concerning projects your organization has completed in the last five (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 if possible. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Completion Dale of Owner see attached list of completed projects (EXHIBIT A) Taxiway "D" and "E" 2-3 Bid Forms Sebastian Municipal Airport (4) Have you ever failed to complete any work awarded to you? If so, where and why? no (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. no (6) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner and reason therefore. no (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. 77 employees, all equipment necessary to perform project, see attached equipment list and attached list of hourly employees (8) What is your bonding capacity? 10,000,000 per job, 100,000,000 aggregate (9) What amount of your bonding capacity has been used as of the date of this bid? 20,864,365 (10) How many applications for performance and payment bonds have you made in the last three (3) years? do not need to make applications Taxiway "D" and "0' 24 Bid Fortes Sebastian Municipal Airport (1 l) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) no claims 1, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of nonresponsibility with respect to such contractor. Respectfully Submitted, Dickerson Florida, Inc. President 6/5/17 3122 N. 25th St., Ft. Pierce, FL 34946 (772) 429-0444 (Title) (Date) (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: Classification: CGC060797 certified general contractor Monetary Limit: 5� � OfueSlpipffiaife, *ATTACH A COPY OF APPROPRIATE LICENSES Taxiway "D" and "E" 2-5 Bid Forms Sebastian Municipal Airport ATTACHMENT 2 (DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Dickerson Florida. 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. 2. 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. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1. 4. 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. 5. 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. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph I through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 6/9/17 Signature Taxiway "D" and "E" 2-6 Bid Forms Sebastian Municipal Airport ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in 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 Agreement, 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 and purchasing process because they have been found guilty of a public entity crime. 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 transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement 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 Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) 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)(0, Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a swom statement with the Contract/Agreement 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 THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. SWORN STATEMENT UNDER SECTION 287.133(3)(a), Taxiway "D" and "E" 2-7 Bid Fortes Sebastian Municipal Airport FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted with Bid, Proposal or Agreement No. 17-12 for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Dickerson Florida, Inc. (name of entity submitting swom statement) whose business address is 3122 N. 25th St., Ft. Pierce, FL 34946 and (if applicable) its Federal Employer Identification (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: l My name is Larry T. Dale (please print name of individual signing) and my relationship to the entity named above is 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction 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 Agreement 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, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that 'convicted" or 'conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial 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 entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or Taxiway "D" and "E" 2-8 Bid Forms Sebastian Municipal Airport a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima 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 Agreement and which bids or applies to bid on Agreements 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" includes 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.) x Neither the entity submitting this sworn statement, nor any officers, directors, executives, 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 of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Taxiway "D" and "E" 2-9 Bid Forms Sebastian Municipal Airport Date: ipII'q /II STATE OF FLORIDA COUNTY OF 1Y. "ac ie The foregoing instrument was ac_kaqwledged before me this day of T"d.NE '2017 by _j A &I.IbONT (title) on behalf of 'DICJr&L5cW FL01VPA, WC. (name tg#ep), a g3r;Mft.,jHe/she is personally known tome or has produced as identification and did ( ) did not ( ) take an oath. Antoinette Peterson NOTARY PUBLIC STATE OF FLORIDA Comm# FF146809 psi° Expires 9/29/2078 .�. , ..... i 'rte • • •• Taxiway "D" and "E" 2-10 Bid Forms Sebastian Municipal Airport ADDENDUM NO.2 lataT/]i;11; KNOWNALL MEN BY THESE PRESENTS, that, we the undersigned, As Bidder, and Travelers Casualtv and Suretv Comoanv of America As Surety, are hereby held and firmly bound unto the City of Sebastian. Florida, in the penal sum of five percent (5%) of the Total Bid Amount which is S fiveerp cent (5%)------ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this 9th day of .Tune 2017 The Condition ofthe above obligation is such that whereas the Bidder has submitted to the City of Sebastian a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in writing, for_ NOW THEREFORE, (a) If said BID shall be rejected, or (b) If said BID shall be accepted and the Bidder shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Bidder and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. Bidder Name Dickerson Florida, Inc. Surety Travelers Casualty and Surety Company of America Print r Typed Printed or Typed By: By: Bidd r—A thorized Signature Bidder — Authorized Signature 1 T. Dale, President Karen K. Beard, Attomey-in-Fact and Florida Licensed Agent Bidder — Printed or Typed Name and Title Surety — Printed or Typed Name and Title 828-236-1000" Taxiway "D" and "E" 2-11 Bid Forms Sebastian Municipal Airport a7 POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Sl. Paul Guardian Insurance Company Attorney -In Fact No. 223206 Certificate No. 006731547 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Karen K. Beard of the City of Asheville . State of North Carolina , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seat and acknowledge any and all bonds, fecognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of March 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company IIth St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 2�"+r N` ea s 1962 0 gg2 �19Po5a411ta ��SEA/L Et'of{'} FtfpSeHvoReaLr�vxv�0auµ�x. 0 RUO�n pA� a4� � p7 State of Connecticut City of Hartford as. By: 449 — Robert L. Raney, Vcruor Vice President On this the I 1 [h day of March 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TlT In Witness Whereof, I hereunto set my hand and official seal.y1QTA77 My Commission expires the 30th day of June, 2016. O'1rNEC('C's 58440-8.12 Printed in U.S.A. Maric C. Tcucault, Notary Public THIS This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casually and Surety Company of America, and United Slates Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, mcognizances, contracts of indemnity. and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President. any Senior Vice President, any Vice President. any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in fill force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of / K G/' f Kevin E. Hughes, Assistant Seciftary Od i pe e % p0:• -_..<4y V,rP, ......!!_yP4 IPJ eII WaNr Mo SV I ( vII P P e 19820 1977 xCamaGtro .: �_mg b Pi� 1951 ;l SenL�a=o .'a^ caw+ Eww(. e G rasa i Ns s P. 881LL; a 8 Y • A °Fnvcc iS.ANN ip^—�'J+ � JP' �/,nIS` To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelembond.com. Please refer to the Attorney -In -Fact number. the above-named individuals and the details of the bond to which the power is attached. ATTACHMENT 5 (FORM OF NONCOLLUSION AFFIDAVIT) (This Affidavit is Part of Bid) STATE OF Florida ) SS. COUNTY OF St. Lucie Larry T. Dale being first duly sworn, deposes and says that he is President (Sole owner, a partner, president, secretary, etc.) of Dickerson Florida, Inc. the party making the foregoing Proposal or BID that such BID is genuine and not collusive or sham; that said BIDDER has not colluded, conspired, connived, or agreed, directly or indirectly, with any BIDDER or person, to put in a sham BID, or that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person, to fix the Bid Price of affiant or any other BIDDER, or to fix any overhead, profit or cost element of said Bid Price, or of that of any other BIDDER, or to secure any advantage against OWNER any person interested in the proposed Contract; and that all statements in said Proposal or Bid are true; and further, that such BIDDER has not, directly or indirectly submitted this BID, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof. (Bid r) Sworn to an subscribed beforgime this 9th day June 2017. Notary Public in add for St. Lucie County My Commission expires September 29 (SEAL) Antoinette Peterson *NOTARY PUBLIC STATE OF FLORIDA Comm# FF146809 -1Expires 9/29/2018 20 18. Taxiway "D" and "E" 2-12 Bid Forms Sebastian Municipal Airport ATTACHMENT 6 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name, Address and Telephone Type and Description of Work to be Contract Amount Number of Subcontractor Performed 1. 3o.I - L, 3 t - ;t 5't, 3 V•A• Pavi0S pavin9 $ 5i5,55y.60a Po D74I0ylP z-7a-L4Vi-, 3- �(3,i(3-Xr-15 or- fer $ g to, 3 o 4,95 snCc, t� ej. F+- 3nn 91ao 16-YA Ft - I'()_<300a o �,rL- 0_4_ �lecFri Co ► I Q, a (�b. � � C te cfirle 3r�-Svt�I 4. P �- P „a 39 - [oga3 � ra. i o a Sc. $`T "), OD I I9, -Il,ttb sw5pilin,3 l6jm flv• 11)di �Daxl l=am s.irr t�AeK,r��S pc�ver>7et7 rlclrk,n�s $ ao, �fa5-too Soo cu"',L-u land Por a� L 6. $ 7. $ TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: $`6W I q0.7 PERCENT SUBCONTRACTOR PARTICIPATION: q6. n 5 Name of BIDDER: Dickerson Florida. Inc. Taxiway "D" and "E" 2-13 Bid Forms Sebastian Municipal Airport ATTACHMENT 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 supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. 2. 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 anv, 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 data on which he relies in providing the safety system, as well as for the system itself. 4. 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 Safety Measure (Description) a. 5 t-oP& d. e. Units of Measure (LF, SF) Unit (Quantity) IA II Unit Cost 5. DID For Information Only, Not for Payment Purposes $ IOa 5 5 • a3 Extended Cost (0o55.ob Bidder may use additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non-responsive. Taxiway "D" and `B" 2-14 Bid Forms Sebastian Municipal Airport 5. The amount disclosed is the cost of compliance with the applicable trench safety requirements does not constitute the 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). 6. 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. Dickerson Florida, Inc. Company Name and Title Larry T. EUle, President Address: 3122 N. 25th St. Ft. Pierce, FL 34946 Telephonel772 ) 429-4444 END OF FLORIDA TRENCH SAFETY ACT STATEMENT Taxiway "D" and "E" 2-15 Bid Forms Sebastian Municipal Airport ATTACHMENT 8 (CERTIFICATE OF BUY AMERICAN COMPLIANCE FOR MANUFACTURED PRODUCTS) As a matter of bid responsiveness, the bidder or offeror must complete, sign, date, and submit this certification statement with their proposal. The bidder or offeror must indicate how they intend to comply with 49 USC § 50101 by selecting one on the following certification statements. These statements are mutually exclusive. Bidder must select one or the other (not both) by inserting a checkmark (✓) or the letter "X". x❑ Bidder or offeror hereby certifies that it will comply with 49 USC § 50101 by: a) Only installing steel and manufactured products produced in the United States, or; b) Installing manufactured products for which the FAA has issued a waiver as indicated by inclusion on the current FAA Nationwide Buy American Waivers Issued listing, or; c) Installing products listed as an Excepted Article, Material or Supply in Federal Acquisition Regulation Subpart 25.108. By selecting this certification statement, the bidder or offeror agrees: 1. To provide to the Owner evidence that documents the source and origin of the steel and manufactured product. 2. To faithfully comply with providing US domestic product 3. To furnish US domestic product for any waiver request that the FAA rejects 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. ❑ The bidder or offeror hereby certifies it cannot comply with the 100% Buy American Preferences of 49 USC § 50101(a) but may qualify for either a Type 3 or Type 4 waiver under 49 USC § 50101(b). By selecting this certification statement, the apparent bidder or offeror with the apparent low bid agrees: 1. To the submit to the Owner within 15 calendar days of the bid opening, a formal waiver request and required documentation that support the type of waiver being requested. 2. That failure to submit the required documentation within the specified timeframe is cause for a non-responsive determination may result in rejection of the proposal. 3. To faithfully comply with providing US domestic products at or above the approved US domestic content percentage as approved by the FAA. 4. To refrain from seeking a waiver request after establishment of the contract, unless extenuating circumstances emerge that the FAA determines justified. Required Documentation Type 3 Waiver - The cost of the item components and subcomponents produced in the United States is more that 60% of the cost of all components and subcomponents of the "item". The required documentation for a type 3 waiver is: a) Listing of all product components and subcomponents that are not comprised of 100% US domestic content (Excludes products listed on the FAA Nationwide Buy American Waivers Issued listing and products excluded by Federal Acquisition Regulation Subpart Taxiway "D" and "E" 2-16 Bid Forms Sebastian Municipal Airport 25.108; products of unknown origin must be considered as non-domestic products in their entirety). b) Cost of non-domestic components and subcomponents, excluding labor costs associated with final assembly at place of manufacture. c) Percentage of non-domestic component and subcomponent cost as compared to total "item" component and subcomponent costs, excluding labor costs associated with final assembly at place of manufacture. Type 4 Waiver — Total cost of project using US domestic source product exceeds the total project cost using non-domestic product by 25%. The required documentation for a type 4 of waiver is: a) Detailed cost information for total project using US domestic product b) Detailed cost information for total project using non-domestic product False Statements: Per 49 USC § 47126, this certification concerns a matter within the jurisdiction of the Federal Aviation Administration and the making of a false, fictitious or fraudulent certification may render the maker subject to prosecution under Title 18, United tate s Cod . June 9, 2017 Date Signature Dickerson Florida, Inc. President Company Name Title Taxiway "D" and "E" 2-17 Bid Forms Sebastian Municipal Airport ATTACHEMENT 9 (E -VERIFY CERTIFICATION) Bidder acknowledges and agrees to the following: Bidder shall utilize the U.S. Department of Homeland Security's E -Verity system, in accordance with the terms governing use of the system, to confirm the employment eligibility of; 1. all persons employed by the Bidder during the term of the Contract to perform employment duties within Florida; and 2. all persons, including subcontractors, assigned by the Bidder to perform work pursuant to the contract with the Sarasota Manatee Airport Authority. Company/Firm: Dickerson Florida, Inc. Authorized Signature: Title: Date: June 9, 2017 Taxiway "D" and "E" 2-18 Bid Forms Sebastian Municipal Airport ATTACHMENT 10 (DISADVANTAGED BUSINESS ENTERPRISE PROGRAM) The following bid conditions apply to this Department of Transportation (DOT) assisted contract. Submission of a BID/proposal by a prospective Contractor shall constitute full acceptance of these bid conditions. (1) DEFINITION - Disadvantaged Business Enterprise (DBE) as used in this Contract shall have the same meaning as defined in to 49 CFR Part 26 Subpart D. (2) POLICY - It is the policy of DOT that DBE's as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. Consequently, the DBE requirements of 49 CFR Part 26 apply to this contract. (3) DBE OBLIGATION - The Bidder agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard all Bidders shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that DBE's have the maximum opportunity to compete for and perform contracts. Bidders shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT assisted contracts. (4) COMPLIANCE - All BIDDERS, potential Contractors, or subcontractors for this DOT assisted contract are hereby notified that failure to carry out the DOT policy and the DBE obligation, as set forth above, shall constitute a breach of contract which may result in termination of the contract or such other remedy as deemed appropriate by the Owner. (5) SUBCONTRACT CLAUSE - All BIDDERS and potential Contractors hereby assure that they will include the following clause in all subcontracts. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. (6) CONTRACT AWARD - BIDDERS are hereby advised that meeting DBE subcontract goals or making an acceptable good faith effort to meet such goals are conditions of being awarded this DOT assisted contract. If any bidder fails to meet the DBE goals for this solicitation, the BIDDER is required to and must submit, along with his/her bid, proof of good faith efforts, using the guidelines listed on page 2-25 thru 2-27, along with a written statement of efforts and reasons for not meeting said goals, AND file DBE Form 4 (enclosed herein) which must be submitted with his/her bid. The Owner proposes to award the contract to the lowest responsive and responsible BIDDER submitting a reasonable bid provided he has met the goals for DBE participation Taxiway "D" and "E" 2-19 Bid Forms Sebastian Municipal Airport or, if failing to meet the goals, he has made an acceptable good faith effort to meet the established goals for the DBE participation. BIDDER is advised that the Owner reserves the right to reject any or all bids submitted. (7) The requirements of 49 CFR Part 26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy of the Sarasota Manatee Airport Authority to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of this contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying the requirements of this bid specification. These requirements apply to all bidders/offerors, including those who qualify as a DBE. A DBE contract goal of 14.87 percent has been established for this contract. The bidder/offeror shall make good faith efforts, as defined in Appendix A, 49 CFR Part 26, to meet the contract goal by utilizing DBEs in the performance of this contract. The bidder/offer will be required to submit the following information: (1) the names and addresses of DBE firms that will participate in the contract; (2) a description of the work that each DBE firm will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; (5) Written confirmation from the DBE that it is participating in the contract as provided in the commitment made under (4); and (5) if the contract goal is not met, evidence of good faith efforts. The attainments of goals established for this contract are to be measured as a percentage of the total dollar value of the contract. (8) AVAILABLE DBE'S - The Owner utilizes the recent issue of the Florida Department of Transportation "DBE Certified List". BIDDERS are encouraged to inspect this document to assist in locating DBE's for the work. Credit toward the DBE goals will not be counted unless the DBE to be used can be certified by the Owner. Any DBE used in this contract MUST be certified as a DBE by Owner AT THE TIME OF BID SUBMITTAL. (9) BIDDER'S REQUIRED SUBMISSION - The Owner requires the submission of the following bid forms with the bid. No bid can receive a contract award without the submission of these forms. • DBE Form 1, Schedule of DBE Participation. • DBE Form 2, DBE Subcontractor Identification Affidavit. • DBE Form 3, Letter of Intent to Perform as a Subcontractor. If a bidder cannot achieve the DBE contract goals stated in the bid document, he is required to submit the following form: DBE Form 4, DBE Unavailability Certification Taxiway "D" and "E" 2-20 Bid Forms Sebastian Municipal Airport ADDENDUM NO.2 DBE FORM 1- SCHEDULE OF DBE PARTICIPATION Name of Bidder: Dickerson Florida, Inc. Project No.: Bid Submittal: 17-12 .o' Project: Sebastian Airport Taxiway D and E Total Bid Amount: $ /l 59,37P NAME OF DBE SUBCONTRACTOR ADDRESS TYPE OF WORK SUBCONTRACTED DBE SUBCONTRACT VALUE V V/NG Oosaa&L. 4 PAV Il46 e5 $ Tt,LQi: 5 ka 3�9s 5(IeP� E�o6tonl CDN1Qo► t; �r S $ 3y, a10.3D $ $ $ $ -i�y. 90 DBE PARTICIPATION TOTAL VALUE $ a qt % (opt • Q D The attainment of DBE participation goals for this contract will be measured as a percentage of the total collar value of the contract. The undersigned will enter a formal agreement with the DBE Subcontractors identified herein for work listed in this schedule conditioned upon execution of a contract with 0 A,Qg-s /DE n/ -r Sworn to and subscribed before me, this 9th df of June 20 17 re of Notary AN7o,A/etTF Le e Printed Name of Notary My commission expires: 9 /a9%14 Antoinette Peterson NOTARY PUBLIC STATE OF FLORIDA Comm# FF146809 w�° Expires 9/29/2018 Taxiway "D" and "E" 2-21 Bid Forms Sebastian Municipal Airport DBE FORM 2 — DBE SUBCONTRACTOR IDENTIFICATION AFFIDAVIT STATE OF _ COUNTY OF pD"" I HEREBY DECLARE AND AFFIRM THAT I AM THE (Title- O ner, President, Co -Venturer, etc.) and duly authorized representative of T/A - (Name of Finn) whose address is ',3-725 5AJ F. ED I hereby declare and affirm that I am a Disadvantaged Business Enterprise (DBE) as defined by the contract documents cited below, and that I will provide on request information to document this fact. This firm is interested in quoting/bidding on the following categories of work being procured for the Project: e nj S('E�d ,l l7� /t711/ This firm has current DBE/MBE/WBE certification from the following agencies: I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENAL TIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING ARE TRUE AND CORRECT, AND THAT I AM AUTHORIZED ON BEHALF OF THE FIRM TO MAKE THIS AFFIDAYIT. (Date) (Aff li t) STATE OFP c-)0— _ COUNTY OF . t i P On this 6 1 day of 20J � before me, the above signed officer, personally appeared ' ? known to me to be the person described in the foregoing affidavit and acknowledged that helshe executed the same in the capacity therein stated and for the purposes therein contained. In witness thereof, I hereunto set my hand and official seal. ^ - '�a x-41 Si naturecfNo ry Nlu Name of Motsfy Printed My commission expires: Taxiway "D" and "E" 2-22 Bid Forms Sebastian Municipal Airport . in"tl, t TERESA"MU" SON - MY COMMISSION 4 I-Ft0a404 ae EXPIRES: May ie, 2015 {., anndedneu Navy PeM6l elidll'M4C9 Taxiway "D" and "E" 2-22 Bid Forms Sebastian Municipal Airport DBE FORM 3 - LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR T0: PROJECT NO.: f The undersigned intends to perform work in connection with the above project as: V a DBE individual corporation an MBE partnership joint venture (Check one) (Check one) The status of the undersigned is confirmed an the attached DBE Contractor Identification Affidavit (DBE FORM 2). The undersigned is prepared to perform the following described work in connection with the above project: at the following price: $3� percent (%) of the dollar value of this subcontract will be further sublet and/or awarded to other than DBE firms. The undersigned agrees to enter into a contract with you to perform the above work, if you are awarded the prime contract. Date: /Gl l� Telephone No. 77?0— q� 13 -�T Name of DBE Subcontractor: Firm 0 Name Taxiway "D" and "E" 2-23 Bid Forms Sebastian Municipal Airport D13E FORM 2 — DBE SUBCONTRACTOR IDENTIFICATION AFFIDAVIT STATE OF Florida COUNTY OF Brevard 1 HEREBY DECLARE AND AFFIRM THAT I AM THE President (Title- Owner, President, Co -Venturer, etc.) and duly authorized representative of V. A. Paving, Inc. (Name of Firm) whose address is 2955 Lake Drive, Cocoa, FL 32926 I hereby declare and affirm that 1 am a Disadvantaged Business Enterprise (DBE) as defined by the contract documents cited below, and that I will provide on request information to document this fact. This firm is interested in quoting/bidding on the following categories of work being procured for the Project: Supply and installation of asphat This firm has current DBE/MBE/WBE certification from the following agencies: DBE under FDOT I DO SOLEMNLY DECLARE AND ArFfiRW—M`UTsDE9 THE PENALTIES OF PERJU THAT THE CONTENTS OF TI FOREGOING ARE UE AN T, AN HAT I A AUTHORIZES ON BEHALF OF THE FIRM TO MAKE THIS.AFFID{ VIT. 618no 17 J/ (Date) Cant am lar President STATE OF Florida COUNTY OF Brevard On this sm day of June , 2017 , before me, the above signed officer, personally appeared Debra Mallard , known to me to be the person described in the foregoing affidavit and acknowledged that he/she executed the same in the capacity therein stated and for the purposes therein contained. In witness thereof, I hereunto set my hand and official seal. &';J7FtA0EY I , 2W01 @NOKY l Wridislan 0 PP 100420 l:Kplras May 10, 20199adbaiufrny1 W20`10 1W011 J4 7 Signature ofiVotary Name of Notary Printed My commission expires: Taxiway "D" and "E" 2-22 Bid Forms Sebastian Municipal Airport 1"0 DBE FORM 3 - LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR Dickerson Florida Inc (Name of General Contractor Proposing) PROJECT NO.: Taxways "D" and T" The undersigned intends to perform work in connection with the above project as: X a DBE individual corporation an MBE partnership joint venture (Check one) (Check one) The status of the undersigned is confirmed on the attached DBE Contractor Identification Affidavit (DBE FORM 2). The undersigned is prepared to perform the following described work in connection with the above project: Supply and install asphalt at the following price: $514,554.60 0% percent (%) of the dollar value of this subcontract will be further sublet and/or awarded to other than DBE firms. The undersigned agrees to enter into a contract with you to perform the above work, if you are awarded the prime contract. Date: 6/82014 Telephone No. 321.636-2565 Name of DBE Subcontractor: V. A. Paving, Inc. Name Taxiway "D" and "E" Sebastian Municipal Airport 2-23 Bid Forms DBE FORM 4 - DBE UNAVAILABILITY CERTIFICATION of b ICK62 5DN C - certify that on the dates below/ I invited the following DBE Sucontractor (s) to bid work items to be performed on ,bg5ki nfl H i r Dnr i - T0. ji.; w a,q D oa d E DBE/ 1.1 DATE OF MBE/ REQUEST WBE NAME OF SUBCONTRACTOR SOUGHT s,� TTA�I�D sPRr:A�sl-IE�t The following Subcontractors submitted bids which were not the low responsible bid: WORK ITEMS $a $ , 5DO. 00 $ s 93,-7 tog- 1-I o Taxiway "D" and "E" 2-24 Bid Forms Sebastian Municipal Airport DISADVANTAGED BUSINESS ENTERPRISE (DBE) TOTALS SUMMARY Total price bid Total DBE value Total DBE percent � 11-15`6, 3T2. -DD �I_a'lI If the Bidder fails to meet the DBE subcontract goals established in paragraph 7 above, the following information must be submitted prior to contract award to assist the Owner in determining whether or not the Bidder made acceptable good faith efforts to meet the contract goal. Suggested guidance for use in determining if good faith efforts were made by a Bidder is included in 49 CFR Part 26, Appendix A. A list of the efforts that a Bidder may make and the Owner may use in making a determination as to the acceptability of a Bidder's efforts to meet the goal as included in Appendix A are as follows: A. Soliciting through all reasonable and available means e.g. attendance at pre-bid meetings, advertising and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the contract. The bidder must solicit this interest within sufficient time to allow the DBEs to respond to the solicitation. The bidder must determine with certainty if the DBEs are interested by taking appropriate steps to follow up initial solicitations. B. Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. C. Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation. D. (1) Negotiating in good faith with interested DBEs. It is the bidder's responsibility to make a portion of the work available to DBE subcontractors and suppliers and to select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform the work. (2) A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm's price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder's failure to meet the contract DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. Prime contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Taxiway "D" and "E" 2-25 Bid Forms Sebastian Municipal Airport E. Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non-union employee status) are not legitimate causes for the rejection or non -solicitation of bids in the contractor's efforts to meet the project goal. F. Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor. G. Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. H. Effectively using the services of available minority/women community organizations; minority/women contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. NOTE: The items set forth above are merely suggested criteria and the Owner may specify that you submit additional information on certain other actions a Bidder took to secure DBE participation in an effort to meet the goals. A Bidder may also submit to the Owner other information on efforts to meet the goals. This information (when applicable), as well as the DBE information submitted as specified in Paragraph 9 above should be included with the bidder's proposal. (10) Bidder ASSURANCE. The BIDDER hereby assures that he will meet one of the following as appropriate (please check the appropriate space): 1 8 The bidder/offeror is committed to a minimum of % DBE utilization on this contract. The bidder/offeror (if unable to meet the DBE goal of %) is committed to a minimum of _% DBE utilization on this contract and submits documentation demonstrating good faith efforts. Name of bidder/offeror's firm: Dickerson Florida, Inc. State Registration No. C GC o 6c)7 9 7 By President (Signatu e) Title Taxiway "D" and "B" 2-26 Bid Forms Sebastian Municipal Airport Certification Company Name Work Codes/Description Email Send Date & Time May 30, 2017 Email Status lune 5, 2017 Email Status Responses 777 DICKERSON SUBCONTRACTOR DATABASE DBE V.A. PAVING PAVING Delivered PROVIDED QUOTE used in bid DBE ROBERTS TRAFFIC MARKINGS STRIPING Delivered PROVIDED QUOTE DBE TRAFFIC CONTROL PRODUCTS STRIPING Delivered no response DBE WBE ENVIRONMENTAL EROSION CONTROL Delivered no response DBE NATURE'S KEEPER Delivered PROVIDED QUOTE used in bid DBE WEBB'SSURVEY SURVEYOR PROVIDED QUOTE Agreements between BIDDER/proposer and a DBE in which the DBE promises not to provide subcontracting quotations to other BIDDERS/proposers are prohibited. The BIDDER shall make a good faith effort to replace a DBE subcontract that is unable to perform successfully with another DBE subcontractor. Substitution must be coordinated and approved by the Owner. The BIDDER shall establish and maintain records and submit regular reports, as required, which will identify and assess progress in achieving DBE subcontract goals and other DBE affirmative action efforts. END OF DISADVANTAGED BUSINESS ENTERPRISE PROGRAM Taxiway "D" and "E" 2-27 Bid Forms Sebastian Municipal Airport SEEL&ST" MUNICIPAL AIRPORT Attachment No. 11 - Bid Price Schedule TAXIWAYS "D" AND "E" Item No. Spec. No. Item Description Quantity Unit Unit Price Amount 1 01000 Mobilization 1 LS $250,000.00 $250,000.00 2 01720 Project Record Documents 1 LS $20,000.00 $20,000.00 3 S-141-1 Full Depth Pavement Removal 7,708 SY $3.00 $23,124.00 4 S-141-2 Asphalt Surface Removal 2,898 SY $6.00 $17,388.00 5 S-141-3 Remove 8" DBL PVC, 12" HDPE and 12" CMP Storm Drain Pipes and End Structures 610 LF $15.00 $9,150.00 6 S-141-4 Remove DBL 18" RCP 190 LF $15.00 $2,850.00 7 S-141-5 Remove Storm Drain Inlet 1 EACH $800.00 $800.00 8 S-141-6 Remove DBL M.E.S. for DBL 18" RCP 2 EACH $400.00 $800.00 9 S-141-7 Remove Concrete Spillway 1 EACH $2,000.00 $2,000.00 10 S-141-8 Remove Junction or Pull Box 2 EACH $600.00 $1,200.00 11 S-141-9 Remove 1 Way -2" PVC Conduit 325 LF $7.00 $2,275.00 12 S-141-10 Remove 2Way-2" PVC Conduit 451 LF $7.00 $3,157.00 13 S-141-11 j Remove Runway Edge Light 1 EACH $400.00 $400.00 14 P-152-1 Embankment in Place 7,120 CY $15.00 $106,800.00 15 P-152-2 Unsuitable Excavation 200 CY $15.00 $3,000.00 16 P-160 Subgrade Stabilization 23,215 SY $8.00 $185,720.00 17 P-212/ P-219 Shell or Recycled Concrete Aggregate Base Course 2,535 CY $85.00 $215,475.00 18 P-401 Bituminous Surface Course 4,242 TON $130.00 $551,460.00 19 P-602 Bituminous Prime Coat 6,150 Gal. $0.01 $61.50 20 P-620-1 Reflective Pavement Marking 9,235 SF $1.10 $10,158.50 21 P-620-2 Non- Reflective Pavement Marking 12,434 SF $1.00 $12,434.00 22 D-701-1 15' Class IV RCP 173 LF $50.00 $8,650.00 23 D-701-2 18" Class IV RCP 465 LF $60.00 $27,900.00 24 D-701-3 12"x18" Class IV HERCP 233 LF $70.00 $16,310.00 25 D-701-4 14"x23" Class IV HERCP 206 LF $80.00 $16,480.00 26 D-701-5 Double 14" x 23" Class IV HERCP 134 LF $150.00 $20,100.00 DICKERSON F LORIDAr INC. Company Name:_fhfhf 2-28.1 ADDENDUM NO.2 SET�N MUNICIPAL AIRPORT Attachment No. 11 - Bid Price Schedule TAXIWAYS "D" AND "E" Item No. Spec. No. Item Description Quantity Unit Unit Price Amount 27 D-751-1 Type "C' Inlet 1 EACH $5,000.00 $5,000.00 28 D-751-2 Type "D" Inlet 1 EACH $5,500.00 $5,500.00 29 D-751-3 Type "E" Inlet 2 EACH $5,500.00 $11,000.00 30 D-751-4 M.E.S. (4:1) for 18" RCP 6 EACH $1,000.00 $6,000.00 31 D-751-5 M.E.S. (4:1) for 12"x18" HERCP 3 EACH $1,000.00 $3,000.00 32 D-751-6 M.E.S. (4:1) for 14"x23" HERCP 2 EACH $1,100.00 $2,200.00 33 D-751-7 M.E.S. (4:1) for Double 14"x23" HERCP 2 EACH $2,000.00 $4,000.00 34 T-901 Grassing 6 AC $4,000.00 $24,000.00 35 T-904 Sodding 7,610 SY $2.00 $15,220.00 36 T-905 Topsoiling 3,740 CY $10.00 $37,400.00 37 L-108-1 No. 8 AWG, 5kV, L -824C Cable, installed in duct bank 1,157 LF $2.00 $2,314.00 or conduit 38 L-108-2 No. 6 AWG, Solid, Bare Counterpoise Wire, Installed in 410 LF $3.00 $1,230.00 Trench 39 L-110-1 1 -way -2" Direct Buried Schedule 40 PVC Conduit 305 LF $6.00 $1,830.00 40 L-110-2 2 -way -2" Direct Buried Schedule 40 PVC Conduit 415 LF $7.00 $2,905.00 41 L-110-3 1 -way -2" Concrete Encased Schedule 40 PVC Duct 194 LF $35.00 $6,790.00 Bank 42 L-110-4 2 -way -2" Concrete Encased Schedule 40 PVC Duct 227 LF $40.00 $9,080.00 Bank 43 L-110-5 Encase Existing 1 -way -2" PVC Conduit in Concrete 249 LF $50.00 $12,450.00 44 L-110-6 Encase Existing 2 -way -2" PVC Conduit in Concrete 171 LF $60.00 $10,260.00 45 L-125-1 L -852D, Style 3, In -Pavement Incandescent Medium 1 EACH $4,000.00 $4,000.00 Intensity Runway Edge Light 46 L-125-2 L-858 Style 4 Airfield Guidance Sign — Size 1- Single 6 EACH $3,000.00 $18,000.00 Face — 2-3 Characters 47 L-125-3 L-858 Style 4 Airfield Guidance Sign — Size 1- Double 1 EACH $3,000.00 $3,000.00 Face — 2-3 Characters 48 L-125-4 L-858 Style 4 Airfield Guidance Sign — Size 1- Single 6 EACH $3,000.00 $18,000.00 Face — 4-5 Characters 49 L-125-5 L-858 Style 4 Airfield Guidance Sign — Size 1- Single 4 EACH $3,000.00 $12,000.00 Face — 6-7 Characters 50 L-125 6 L-858 Style 4 Airfield Guidance Sign — Size 1- Single 2 EACH $3,000.00 $6,000.00 Face — 8-9 Characters DICKERSON FLORIDA, INC. Company Name:_tlifhf 2-28.2 ADDENDUM NO. 2 SEBASTIAN MUNICIPAL AIRPORT Attachment No. 11 - Bid Price Schedule TAXIWAYS "D" AND "E" Item No. Spec. No. Item Description Quantity Unit Unit Price Amount 51 L-125-7 L-858 Style 4 Airfield Guidance Sign — Size 2- Single 8 EACH $3,000.00 $24,000.00 Face — 2-3 Characters 52 L-125-8 L -867D Junction Box with 2 -L -867D 16'x24" Deep 1 EACH $4,000.00 $4,000.00 Base Cans and Concrete Pad 53 FDOT 635 Fiber Optic Cable Pull Box 1 EACH $1,500.00 $1,500.00 TOTAL AMOUNT OF BID: $1,758,372.00 marl submit bid prices for the Base Bid shown above. undersigned, having become thoroughlyf oniliar with all of the Agreement & Bidding Documents incorporated herein, We project location and the site conditions, and the time schedule :ting the work, herebyproposesto perfonneverything required to be performed in strict conformitywith the requirements of these documents, and to provide and Artnish all the svision, labor, equipment,materials and took necessary to provide the construction services meeting or exceeding the specifications as set forth herein forthe prices quotedabove. The :(s) quoted is (ae) inclusive of any Addmda%vWch be issued. City reserves the right to award the Work based on the lowest price bid, providing that the Bidder is both responsible and responsive. the signature below. the Contractoragecs that this Bid Proposal is made without any other understanding agreement, or connection with any other person, corporation,orfhrm subramini id for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded this bid, the Contractor agrees to enta into a contract with the City of Sebastian hin ten (10) consecutive calendar days of Notice of Award by the City, ad agrees to all the terms and iditionsof all documrnrsstated herein forthe above stipulated prices which shall remain firm for One Hundred and Fifty (150) days following bid opening date. Failure to execute the ulract as stipulated above may result In the forfeiture of the Bid Bond In Its entirety. Quantities indicated on this Bid are estimated and shall only be used forthe Purpose ofBid Evaluation and Award. The estimated Bid Quantities do not constitute a guarantee ofwork. Contractor agrees that the prices quotedonthis bid have taken into consideration that the Actual Quantities of work may exceed ormay be Iowa than the Quantities indicated on this Bid. WARRANTS TOTAL CONTRACT COMPLETION TIME SHALL NOT EXCEED DAYS INDICATED IN THE PROJECT SPECIFICATIONS. it has included with its Bid the required Bid Security for not less than five percent (5%) total amountof its Proposal. that We undersigned has received all addendacomplete as issued by the Ownaand that related costs are included in We proposal submitted. The undersigned acknowledges :nda as follows: dated a 1 -1 17 dated 0141/-7 /%-/ dated & 17 Authorized Signature Printed Name DICKERSON FLORIDA, INC. Company Name:_thfhf 2-28.3 ADDENDUM NO. 2 SEELA-STIAN Attachment No. 11 - Bid Price Schedule ovC MUNICIPAL AIRPORI TAXIWAYS "D" AND "E" Item Spec. No. Item Description Quantity Unit Unit Pdce Amount No. Title DICKERSON FLORIDA, INC. Company Name:_fhthf 2-28.4 ADDENDUM NO.2