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Home My WebLink About09122007Regularcm uF HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, SEPTEMBER 12, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED /N THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA Individuals will address the City Council with respect to agenda items immediately before deliberation of the item by the City Council -time limit five minutes where public input allowed 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE LED BY VICE MAYOR NEGLIA 3. MOMENT OF SILENCE 4. READING OF CIVILITY PLEDGE We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. 5. ROLL CALL 6. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 7. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 07.166 A. Presentation by FBI Supervisory Special Agent Mike Degnan, Ft Pierce Field Office to Officer Steve Marcinik for His Work on the Citrus Bank Robbery in 2006 07.070 B. Certificate of Appreciation to John Oakes for Citizens Budget Review Advisory Committee Service 07.003 C. Employee of the Quarter -Ernest "Bucky" Gerber -Public Works 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-13 A. Approval of Minutes - 8/22/07 Regular Meeting 15-16 B. Approval of Minutes - 8/29/07 Special Meeting 07.166 C. Award Bid and Approve Contract with H. L. Pruitt Corporation for PAPI System 17-126 with FDOT Grant in the Amount of $218,750 (Airport Transmittal, Two Bids, Contract, (Contract Technical Specs and Bond available in Laserfiche on the City's website and in City Clerk's office], Installation Info) 9. COMMITTEE REPORTS 8~ APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for Cify committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 07.148 A. Clambake Discussion (Requested by Vice Mayor Neglia and Council Member Paternoster - No Backup) 12. NEW BUSINESS 07.167 A. Resolution No. R-07-40 -CFPBA Collective Bargaining Agreement -Effective 127-171 10/1/07 through 9/20/10 (HR Transmittal, PBA Letter, R-07-40, Tentative Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATE, INC. (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 07.168 B. November and December Council Meeting Schedule (City Clerk/City Manager 173 Transmittal) 13. PUBLIC INPUT Public Input for each individual is five minutes, however, it can be extended or terminated by a majority vote of Council members present. 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 2 17. CITY COUNCIL MATTERS A. Mr. Wolff B. Mayor Coy C. Mr. Neglia D. Mr. Paternoster E. Ms. Simchick 18. ADJOURN (All meetings shall adjourn at 10:30 pm unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE /N THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. Regu{ar City Cauncii Meetings are Schedu{ed for dive Broadcast on Comcast Channe125 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS lS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. coming meefinggs: September 19, 2007 - 6:00 p.m. -Final City Council Budget Hearing September 19, 2007 - CRA Budget Adoption Hearing -Following City Council Budget Hearing September 26, 2007 - 7:00 p.m. -Regular Meeting October 10, 2007 - 7:00 p. m. -Regular Meeting October 17, 2007 - 6 p.m. -Workshop -Vision -Long and Short Term Goals October 24, 2007 - 7 p. m. -Regular Meeting cm uF ~~~T1, ---- ... -- - HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, AUGUST 22, 2007 - 7:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. 2. 3. 4. 5. 6. Mayor Coy called the Regular Meeting to order at 7:07 p.m. The Pledge of Allegiance was led by Mayor Coy. There was a moment of silence. Mayor Coy read the civility pledge. We will be respectful of one another even when we disagree. We will direct all comments to the issues. We will avoid personal attacks. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff City Council Absent: Staff Present in Chambers: Airport Director, Joe Griffin Finance Director, Shai Francis Human Resources Director, Debra Krueger Police Officer, Rob Kyzer Public Works Director, Jerry Converse Parks Superintendent, Chris McCarthy MIS Systems Analyst, Barry Siepmann Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members MOTION by Mayor Coy and SECOND by Mr. Neglia to add two recognitions to the agenda for a Tree and Landscape Advisory Board member, and the Audio-Visual person was approved on a voice vote of 5-0 under item 7. 0 Regular City Council Meeting August 22, 2007 Page Two 7. PROCLAMATIONS. PRESENTATIONS BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff Announcements: Mayor Coy announced the September 10th and 19th budget hearings at 6 pm; and asked the public to please sign for the hearing devices and not take them out of the room. Presentations: Mayor Coy presented a Certificate of Appreciation to Mary Bennett for her service on the Tree and Landscape Board. Mayor Coy recognized Bob Barbour, Barbour Multimedia, who had done the broadcasting of the City's meetings and events camera work for the past five years and who is leaving due to budget cuts. She presented him with a Certificate of Appreciation and a gift from those who worked with him. 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Counci/ so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 1-2s A. Regular Meeting Minutes - 8/8/07 31-34 B. Budget Workshop Minutes - 8/15/07 07.160 C. Award Contract for Workers' Compensation Insurance Program FY 07/08 to 35-37 Florida Municipal Insurance Trust for One Year Term Effective October 1, 2007 from FY 2008 Funds (HR Transmittal, Bid Tab) 07.161 D. Waive Competitive Bid Process and Authorize Renewal and Application of the 39-57 Following Agreements: Group Health through Blue Cross Blue Shield of Florida; Group Dental through Florida Combined Life Insurance; Life Insurance and Long Term Disability to Blue Cross Blue Shield of Florida/Florida Combined Life Insurance Company Effective October 1, 2007 from FY 2008 Funds (HR Transmittal, Gehring Group Renewal Evaluations, CompBenefits Renewal Letter, 2006-2007 Employee Benefits Highlights) 07.162 E. Riverview Park Lights/Electric Improvements (Parks Transmittal, Drawing, 5s-s2 Original Bid, Revised Bid)(Site Plan Under Separate Cover) MOTION by Mr. Neglia and SECOND by Mr. Paternoster, to approve items A through E of the consent agenda. 0 2 Regular City Council Meeting August 22, 2007 Page Three Roll call result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick Nays: Wolffe Passed 4-1 9. COMMITTEE REPORTS 8~ APPOINTMENTS 07.004 A. Natural Resources Board 83-91 (City Clerk Transmittal, Application, List, Ad) i. Interview, Unless Waived, Appoint One Alternate Member Ms. Simchick asked whether Ms. Miller had served on any boards, and the Deputy Clerk responded that she was a member of the Tree and Landscape Advisory Board and the Temporary Environmental Advisory Committee, had resigned before they were merged, but now would like to serve on the Natural Resources Board. Mr. Paternoster nominated Therese Miller for the alternate position to expire 7/2008. Being no other nominations, Ms. Miller was appointed. 10. PUBLIC HEARINGS -None 11. UNFINISHED BUSINESS 07.102 A. Doq Park Update (City Manager Transmittal, Site Spreadsheet, Site Aerials, s3-143 Conceptual Layouts, Site Pictures) The City Manager briefly reviewed his recommendation to Council as set out in the agenda packet. Carolyn Corum, agreed with the Stormwater Park as a great location and requested that Council set out additional funds for the park. Trish Adams, Chair, Natural Resources Board, said some of the areas are in locations which have sensitive environmental issues, cautioned against using the Stormwater Park, recommended a scrub jay survey, and said the Natural Resources Board could have made recommendations to the Parks and Recreation Committee and Council. The City Manager stated the City's Environmental Planner surveyed the properties with him and there was mention of the jays and other species being problematic for the Stormwater Park in his report to Council. Ms. Simchick asked Ms. Adams if she had any concerns with Schumann Drive and she said she was not aware of any. Damien Gilliams, 1623 US 1, Sebastian, said the airport was the best location, and asked if anyone contacted people adjacent to the subject residential properties. ~o Regular City Council Meeting August 22, 2007 Page Four Jack Wilson, Rose Arbor Drive, said there was more clear area in the Schumann Park area than is designated on the map in the packet and said he walked off 9/10's of an acre. Linda Scott, Dunn Terrace, requested that Council consider shade when they consider sites, strongly agreed with the Schumann site because of the shade, and said the airport is not a good location because of lack of shade and noise. Todd Klitenic, 1274 Barber Street, Sebastian said dogs will have to be kept away from scrub jays, and that John Oakes suggested if 1,000 dog lovers put up $20 each they could pay for the park. City Council discussion followed. Ms. Simchick suggested using the Natural Resources Board for items such as this and that Schumann does meet many of the criteria so she would have to go with staff recommendation. Mr. Wolff inquired about maintenance costs, discussed the need to utilize the Stormwater Park facility overall, said the Schumann site was too small and a larger site was needed, and suggested not making a rash decision tonight. Mayor Coy asked if more space can be utilized at the Schumann site and said she was hearing recommendations for Schumann from the people. Mr. Neglia also asked if the more property at Schumann could be utilized and about liability issues if we used the Stormwater Park before it is turned over to the City. Mr. Paternoster said he agreed with a larger site, asked if the City would restrict dogs in other parks if we have a dog park. Ms. Simchick asked the City Manager to look at the area off of Engler, where there is a parking area, to the west near the first pond of the Stormwater Park property. The City Manager said there are some acres in the Stormwater Park that can be re-examined. MOTION by Mr. Neglia and SECOND by Ms. Simchick, to approve the Schumann Park site and to include confirmation by the Natural Resources Board it is a viable site. Roll call result was as follows: Ayes: Coy, Neglia, Paternoster, Simchick Nays: Wolff Passed Mayor Coy called recess at 8:12 p.m. and reconvened the meeting at 8:27 p.m. All members were present. 12. NEW BUSINESS 07.163 A. Approval of Six Year Capital Improvements Program for FY 2008-2013 X45-~~~ (FinanceTransmittal, Program The City Manager said the CIP is in the same form as a previous meeting, except for the removal of funding for a community center, which has been moved to stormwater drainage projects. He said this is a guide and it can be changed with justification. o Regular City Council Meeting August 22, 2007 Page Five The City Attorney said by December Council will have to approve the formal capital improvement element of the comprehensive land use plan, and after formal adoption Council will not be able to move things around. James Spinelli, Cardinal Terrace, Sebastian, spoke about the petition objecting to the Indian River Drive/Main Street Improvement Project which was presented at tonight's CRA meeting, and stated reasons for the objection. Damien Gilliams, 1623 US 1, Sebastian, recommended a capital acquisition budget to buy riverfront property while prices are down, since Planning and Zoning is considering height limitations on the riverfront and taking away private property rights. He suggested moving funds for a community center to community parking in the riverfront. Mr. Wolff inquired about the proposed new clubhouse at the Golf Course, and the City Manager said this was for 2011-2012, because the facility is starting to show its age and the greens improvement debt issue would be expired in 2010, noting it is a "want" more than a "need." Mr. Wolff questioned the $800,000 t-hangar construction and the City Manager said it was mostly grant funded. Mr. Wolff asked the City Manager his feeling on acquisition, and the City Manager said land acquisition is something you should look at but you should have a goal and know where you want to go. He said there are spots on the riverfront that might be a wise investment, parking is a temporary problem, and the Indian River Drive project is not intended to fix parking, but is an ambience and flow project. Mr. Wolff asked what effect the permanency issue of capital improvement projects has on the items slated for 2012, and the City Manager said as long as Council does due diligence and shift accordingly and it is justifiable, the State would understand; and he did not see it as a huge hindrance. Mr. Wolff asked where the $568,000 reallocated from a community center to stormwater was going, and the City Manager said the number would have to be split into different drainage projects and if Council did not opt for drainage projects it might be shifted to land acquisition. Mr. Neglia said the only time he sees a problem with parking on the riverfront is when trucks park on Indian River Drive during restaurant fishing tournaments, and inquired about CR 512 improvements which the City Manager said is funded with an MPO grant. Mr. Paternoster asked about using recreation impact fees to put in sprinklers instead of CRA money, and the City Manager said CRA money could be used. =0 Regular City Council Meeting August 22, 2007 Page Six Mr. Paternoster asked how much was originally allocated for the Schumann/Barber realignment project and if the realignment was part of the intersection project. The City Manager said only the intersection improvement part which he outlined in a recent update memo, adding the allocation is needed if the County wants to split the cost. Mr. Paternoster asked if the construction of the perimeter road at the airport will also be on shared basis. The City Manager said grant money would be sought. The Airport Director said it was funded in 2003 with a City match and taxiway C may not be constructed because it may be overkill for the size of the airport. Mr. Paternoster asked if the 2010-2011 corporate hangars would receive grant money. The Airport Director said it is also a 80-20 match but might be funding entirely by the City. In response to Ms. Simchick, the City Attorney said the annual capital improvement element approval is outside of the two amendments allowed per year by DCA and Council would need to justify any changes to your capital improvement element. Ms. Simchick asked if the turning lane from Barber into Schumann vs. Schumann from Barber to CR510 were the same project. The City Manager said there were two separate projects originally: eliminating the bend and improving the intersection. Ms. Simchick said the improvements on Schumann from Barber to CR510 should be a County project. Ms. Simchick said she had complaints on the clubhouse and asked how old the clubhouse is, to which the charter officers replied they believed it was built in the early 80's and there may have been one expansion. Ms. Simchick said if Council decided to get aggressive with land acquisition, could grants or debt formula be sought, to which the City Manager replied yes. She pointed out that if the City bought riverfront land it would be removed from the tax rolls and be a double-edged sword. Ms. Simchick clarified that the speaker who submitted the petition at the CRA meeting was opposed to the current engineering design not the project and invited the public to assist with the design of the planned improvements at Riverview Park. Mr. Wolff asked about the dog park included in the new Barber and Acorn Park and the City Manager said that was an error which should have been omitted. MOTION by Ms .Simchick and SECOND by Mr. Neglia, to approve the six year Capital Improvement Program. Roll call result was as follows: Ayes: Neglia, Paternoster, Simchick, Coy Nays: Wolff 6 Regular City Council Meeting August 22, 2007 Page Seven Passed 4-1 07.164 B. Charter Officer Contract Amendments (City Attorney Transmittal, Amendments 179-185 i. Rich Stringer, City Attorney The City Attorney briefly explained the proposed amendments. Damien Gilliams, 1623 US 1, Sebastian, asked if this would be the time for him to speak in reference to the City Attorney's job performance. Mayor Coy said this item was to amend the charter officer evaluation process. Mr. Gilliams said he tried to meet with the Mayor about the evaluations, but she told him he could only speak to her in public so this is his only opportunity. Mayor Coy asked if he wanted to read the City Attorney's evaluation and told him to go ahead and embarrass himself. Mr. Gilliams began to read his evaluation of the City Attorney. Ms. Simchick called a point of order and said the item is about procedures, and there is time under public input or at the annual review to discuss Mr. Gilliams' displeasure with someone's performance. Mr. Gilliams said he had tried to do this but is not allowed to speak by the Mayor, and could not address it until the end of the retreat. Mayor Coy told him to read it now and get it off his chest. Mr. Gilliams read his evaluation of Mr. Stringer and referenced the Attorney General's opinion that clambake records should be kept at City Hall. Mayor Coy asked if he was charging criminal activity and asked him to sit down. MOTION by Mr. Neglia and SECOND by Mr. Wolff, to approve the 2"d amendment to the agreement with Rich Stringer. Mr. Paternoster questioned paragraph 2 and the City Attorney explained the reason for changing from exempt to regular full-time employees is that exempt increases are approved by the City Manager and the City Manager would in essence be creating his own COLA and because CWA employees' COLA are approved by Council, Council would be approving the Charter officer COLA. The City Attorney explained what a "generalized" increase means. ~ 1 '1 lam/ Regular City Council Meeting August 22, 2007 Page Eight Roll call result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed ii. Sally Maio, City Clerk The City Clerk asked the Mr. be changed to Ms. in the amendment. MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve the amendment to the agreement with Sally Maio. Roll call result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed iii. AI Minner, City Manager MOTION by Ms. Simchick and SECOND by Mr. Neglia, to approve to approve the amendment to the agreement with AI Minner. Roll call result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed 07.164 C. Resolution No. R-07-31 -Charter Officer Evaluation Procedures (City Attornex 187-190 Transmittal, R-07-31) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PROCEDURES FOR CHARTER OFFICER EVALUATIONS; PROVIDING FOR CONFLICTS; AND PROVIDING FOR EFFECTIVE DATE. MOTION by Mr. Neglia and SECOND by Ms. Simchick, to approve Resolution No. R- 07-31. Roll call result was as follows: Ayes:, Coy, Neglia, Paternoster, Simchick, Wolff Nays: None Passed 0 8 Regular City Council Meeting August 22, 2007 Page Nine 07.072 D. Resolution No. R-07-32 -Council Meeting Procedures (City Clerk Transmittal, 191-198 R-07-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-07-18; ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND VERBATIM TRANSCRIPTS; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Damien Gilliams, 1623 US 1, Sebastian, said there is a sign in the back of the Chambers prohibiting signs and t-shirts and that the City should take down the sign because it violates constitutional rights, citing a case that was won. Ms. Simchick called for a point of order and reminded Mr. Gilliams of the offensive sign displayed during the Paradise Marina site plan consideration and when he recently pulled a funny hat out of a bag. She said rules are needed for safety and respect. The City Attorney cited a City of Cocoa Beach case that went through federal court. Mr. Paternoster read from "certain remarks prohibited," and said he hoped applauding during presentation of an award was allowed, recommended the second offense should be a second warning rather than asking them to be seated, and recommended changing the reference to the Roberts Rules of Order to be the most recent edition. Mr. Wolff concurred with Mr. Paternoster about the second warning. MOTION by Mr. Neglia and SECOND by Ms. Simchick, to approve R-07-32 with an amendment that the most current edition of Roberts Rules is cited. Roll call result was as follows: Ayes: Paternoster, Simchick, Wolff, Coy, Neglia Nays: None Passed Mayor Coy called recess at 9:48 p.m. and reconvened the meeting at 9:59 p.m. All members were present. 07.157 E. Sebastian Fine Arts and Music Festival Agreement (City Manager Transmittal, 199-203 Agreement) Damien Gilliams said there are some modifications in order, it should be a one-year agreement, there should be a limit on what City personnel are utilized, and there is no need to close the road. He said by closing the road traffic is driven away from businesses, most of vendors at festival are out-of-towners, said he thinks the Art ~o Regular City Council Meeting August 22, 2007 Page Ten Festival is good for the community but the City should be reimbursed for staff and advertising. Joseph Dunaway, said it is time to have a model for events like this, Council may be approached by many for small festivals like this, these events are destinations, and in fairness if the City is willing to put up money without being repaid, anyone else should be able to do it. Todd Klitenic, Barber Street, Sebastian, urged Council to support and fund a real Earth Day festival Ms. Simchick said she thought it was a good concept, contracts are an issue, and maybe it should only be a one year contract, suggested a percentage of funds returned to the City and it should be a standard contract. Mr. Wolff said when Council visited this at the last meeting he was hoping a model for all of the events would come back; was disappointed with this and understood the time constraint; said some people said this was not a service organization, he didn't want to see it as an individual's event; would like to the see festival get off the ground. He said some dynamics need to be changed but it appears to be a good start and he recommended a shorter time frame for submitting a financial statement rather than at the end of their fiscal year. Mayor Coy said she had spoken to Ms. Monier today, and she said it was her intent to provide a local scholarship and funds for Sebastian Art in Public Places within the CRA District. She said the previous Council did say a standard contract should be devised and this Council should do that when time allows. She said she would go along with the one year if Council is going to look at a model agreement. Mr. Neglia said he would like to see all alcohol prohibited in the parks in the future. Mr. Paternoster agreed that it should be a one year contract. The City Attorney said he provided an opinion regarding Mr. Paternoster's question of the lobbying and revolving door restrictions (see opinion attached) and reiterated his opinion that if a booth is offered to others under the same terms, there is no special compensation. He said he doesn't think the City would have any problem, and if there is a problem, the City is the victim. MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve the joint project agreement for one year. Roll call result was as follows: Ayes: Simchick, Wolff, Coy, Neglia, Paternoster Nays: None Passed l'(' 10 Regular City Council Meeting August 22, 2007 Page Eleven MOTION by Mr. Paternoster and SECOND by Mr. Neglia to extend the meeting. Voice Vote 5-0. Passed 07.087 F. Resolution No. R-07-39 -Airport a, ~~~ Layout Plan Grant (Airport Transmittal, R-07-39, Draft Agreement, Application, Recommendation) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING CITY MANAGER TO EXECUTE GRANT AGREEMENT WITH FEDERAL AVIATION ADMINISTRATION FOR AIRPORT LAYOUT PLAN UPDATE; PROVIDING FOR CONFLICT AND EFFECTIVE DATE. The Airport Director said he had lobbied for the J & S Aviation litigation settlement, has read Mr. Stringer's pleadings, said he did an exemplary job and the City owes him a debt of gratitude. He then recommended approval of the grant. Mr. Gilliams addressed the settled litigation and Mayor Coy warned him to stay on the grant, and Mr. Gilliams replied it was okay for the Airport Manager to address the litigation, and Mayor Coy gave him his first warning. Mr. Wolff asked the Airport Director how the cost substantially came down, and the Airport Director explained this is supposed to be a substitute for a master plan update and he worked with the City's consultant to get the "bare bones" needed to satisfy the FAA and FDOT until the master plan is revised in 2012. Mr. Paternoster said there have been issues in the community with noise and asked if the FAA might withhold the grant because of the complaints. The Airport Director replied the update will mostly address mapping and economic development of the west side of the Airport near the administration building. Ms. Simchick said the Airport Director coordinated the effort of reviewing impacting endangered species. MOTION by Mr. Paternoster and SECOND by Mr. Neglia, to approve the airport layout plan as submitted. Roll call result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed MOTION by Ms. Simchick and SECOND by Mr. Neglia, to award the airport layout plan contract to the LPA Group, Inc. Mr. Wolff inquired as to the time frame for commencement and completion. The Airport Director said six months but the LPA Group said it could be done in four, which would be January. f' 11 Regular City Council Meeting August 22, 2007 Page Twelve Roll call result was as follows: Ayes: Wolff, Coy, Neglia, Paternoster, Simchick Nays: None Passed 13. INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC Item that has occurred or was discovered within the previous six months which is not otherwise on the agenda -speakers are asked to try to limit input to five minutes Trish Adams, River Oak Drive, Sebastian, said she had received reports from Sebastian Inlet State Park attributing sky glow to sea turtle disorientation and asked that staff consider this while working on the Park lights. In response to Mr. Wolff, Ms. Adams said the Florida Fish and Wildlife Conservation can measure the light and clarified that the sky glow is just over the dunes which would not be measurable. Mr. Wolff asked if the Natural Resources Board had looked at the lights for Riverview Park. The City Manager said he would have to get back to Council on that. Damien Gilliams, referred to a document he had provided to Council (see attached) for a Family Fun and Food Fest. He asked for a consensus of Council to approve this concept to be held in January right after the Art Festival to benefit the community. Ms. Simchick asked who is "we" that he referred to in the presentation and Mr. Gilliams responded it would be anon-profit organization chaired by prominent business and church leaders and staffed by organizations. Mayor Coy said his five minute time limit was up. 14. CITY MANAGER MATTERS 07.029 A. Collier Creek Update (City Manager Transmittal City Engineer Report Moulton 233-263 Memo, Nichols/Zhao Memo Webster Letter) The City Manager said he had received previous approval to move forward on the Collier Canal and was asking whether anyone wanted to discuss this at a special meeting or move forward as previously approved. Mayor Coy said unless the City Manager hears from a member of Council by the next council meeting the project is to continue as previously directed. 15. CITY ATTORNEY MATTERS 16. CITY CLERK MATTERS 12 Iz Regular City Council Meeting August 22, 2007 Page Thirteen 17. CITY COUNCIL MATTERS 18. Due to the hour, the Regular Meeting adjourned at 11:03 p.m. Approved at the September 12, 2007 Regular City Council meeting. Andrea Coy, Mayor A7TEST.• Sally A. Maio, MMC -City Clerk ~3 13 /~ clrv c~ ~~ ~ '~~~ HOME OF PELICAN ISLAND SPECIAL CITY COUNCIL MEETING FOR ATTORNEY-CLIENT SESSION MINUTES WEDNESDAY, AUGUST 29, 2007 - 6:00 PM CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Coy called the Special Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Andrea Coy Vice Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick Council Member Eugene Wolff (an-ived after Council left Chambers) Staff Present at Dais: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio 4. IN ACCORDANCE WITH 286.011(8), F.S. REGARDING A PUBLIC REQUEST MADE BY THE CITY ATTORNEY ON AUGUST 8, 2007, CITY COUNCIL WILL RECESS THIS PUBLIC MEETING TO COMMENCE WITH A CLOSED ATTORNEY-CLIENT SESSION TO DISCUSS PENDING LITIGATION IN THE MATTER OF CITY OF SEBASTIAN VS. CITY OF FELLSMERE Mayor Coy read the title above, and the City Attorney announced the attendees as set out below: Names of Persons Attending Attorney-Client Session: Mayor Andrea Coy, Vice-Mayor Sal Neglia, Council Member AI Paternoster, Council Member Dale Simchick, Council Member Eugene Wolff, City Manager, AI Minner, City Attorney, Rich Stringer, Certified Court Reporter All members except for the City Clerk moved to the 2"d floor conference room at 6:02 p.m. The Court Reporter was in the 2"d floor conference room. The City Clerk remained in the Council Chambers. ~5 Special City Council Meeting August 29, 2007 Page Two 5. REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY- CLIENTSESSION Mayor Coy reopened the Special Meeting at 8:04 p.m. and announced the termination of the Attorney-Client Session. 6. Mayor Coy adjourned the Special Meeting immediately following its reopening. Approved at the September 12, 2007 Regular City Council meeting. Andrea Coy, Mayor ATTEST: Sally A. Maio, MMC -City Clerk /~ 2 tm ©f r~~.:~-, HQIKE OF PEC~UN ISiR[VD AGENDA TRANSMITTAL Subject: Airport "Precision Approach Path Indicator" Construction Ap~i ov~q~/Submittal by: City Manager Exhibits: Agenda No. (~7. ~ ~ (~ Department Origin: uruci al Airport Joseph Griffin Finance Director"Shai Francis City Clerk: Ms. Sally Maio City Attorney: Mr. Richard Stringer, Date Submitted: September 5, 2007 For Agenda of: September 12, 2007 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $218,950 $229.414.56 REQUIRED: -0- SUMMARY In September 2005, the City Of Sebastian entered into a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for planning/construction of lighting and signage needs at the Sebastian Municipal Airport. In December 2006, staff directed the engineering consultant on the project, LPA Group, to direct its efforts toward `safety of flight' issues and community relations issues relating to the possibility of low flying aircraft. It was recommended that installation of a `Visual Flight Guidance System' would enhance safety, and aid pilots in maintaining proper glideslope while on approach to the runway environment. An investigation was begun to determine the most cost effective equipment that could serve each landing possibility at the airport. It was determined that a "Precision Approach Path Indicator" (PAPI) system would be the most efficient and effective use for the aforementioned project. A formal bid was let in July 2007. Two (2) bids were received: 1. Precision Approach, LLC of Eatonton, GA bid $297,889; and 2. H.L. Pruitt Corporation of Winter Springs, FL bid $218,950. RECOMMENDED ACTION 1. Move to award H.L. Pruitt Corporation $218,950 for construction of a PAPI system at the Sebastian Municipal Airport. 2. Move to approve the "Runways 4-22 and 8-26 PAPI Construction Service Agreement" Contract between the City Of Sebastian and H.L. Pruitt Corporation. l7 /3 ORIGINAL .ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) TO: Sebastian Municipal Airport 202 Airport Drive East Sebastian, FL 32958 Ladies/Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled Airport Maintenance Storage Building, 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, byJl+ 5. Y1 (Name of Person or Persons) on ~un~ dtc c`} (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: (~ir~ci5,d~n ~p~rt~v.~h~ Ll-L ~'~~. SQmm~ns ~c~rt<wa~ ~. a-E-~~~c-or~ . G A 31 ~~ ~- (1) How many years has your organization been in business as a contractor under your present ;-~~name? (2) How many years experience in construction work has your organization had as a general contractor? 7"~ re e. (3) As a Subcontrac/tor? ~re C l 3 ,~ (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 Natne/Address/Tel Title Amount Comlletion Date Completion Date of Owner ~ L'. C'.1.-t~Cu:,~1 ~-t~ 1 ~Cz ~~=i G-~ ~(L t r'.~ ~~ ~Lt, ~,1c ~~~ Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-8 July 2007 a 1 ~r.2ci 5 ~ v ~n ~ ~rc~-~h ~ L f~. C. (4) Have you ever failed to complete any work awarded to you? If so, where and why? (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 organ, ization, and reason therefore. N~ (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 therefor. (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. ~. 5e~- G~.}}c~.he~~ `'~ein~r~~ C~~c~~n~ .Ln~~r~r~.~--ion (8) What is your bonding capacity? AD~~X ~ ~ ~ rr~~l~~ tr~~ (9) What amount of your bonding capacity has been used as of the date of this bid? ~16~~r~x, `~ 1.5 m-tl~t;v1 Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-9 ~O July 2007 f rec~sio,n l~~~rbc~ch~LLG (] 0) How many applications for performance and payment bonds have you made in the last three (3) Years? ~t~, ~ 1 S (1 ]) How many of these applications were not approved? ~I1 uSe~~ c~~oro~ec,~ (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 an~i 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.) ~~ (]3) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-10 July 2007 Z( I, the undersigned, do hereby declare that the foregoing statements are true and con-ect, 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, '~1"ec~sion ~~arr~ach~ LL.C~ (Name of adder) 5, ~ ree ~n t zed Signature) i 'la Smarr, rn e,'r~s ~r -CwC~.y Soe ~~,1ne~( Q.-1~}-u~ Ec~toni-gym ~A ~31~~~ ~~7~6~~85-'?~0- (Title) (Date) (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: ,~ C 1~ 0 0 3 ~ 3 f o Classification: _~Y}i t~C(~ E~tcj'ri« 1 Con}rtcc:}~~ Monetary Limit: (,~~ ~;ry~;}~~ *ATTACH A COPY OF APPROPRIATE LICENSES Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-11 July 2007 2Z ~~ STAtE OF FLORIDA - - _---~ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ELECTRICAL CONTRACTORS LICENSING BOARD '~.~D~', 1940 NORTH MONROE STREET TALLAHASSEE FL 3.2399-0783 GREEN, JEFF STEPHEN PRECISION APPROACH LLC 172 SAMMONS PARKWAY ' EATONTON GA 31024 RECEIVED JUN 12 2006 DETACH HERE (850) 487-1395 ~~a- E~~p~00ry~~36 06/01/06 0$;8`0$8Q,95 ~ml ~ ~"! X1}'7 " ~ r - 4 *. ~~ ~; '~ ~,'I~D ~PI,,EG'~RI,CAL CON~~'bIt a ~~~y~ '~'EFF..,~T$FH$N '_..E~C -S~bN A~P,R~ACH LLC iS= C~~~~F,~Fs~L uheYar E~..prpvis:i;pna of. CYt.~$$~9 _1a3 ~ . ~ ~ ,f ;~xpiratiop aa15e.T AIIG_3],t ~.OF08~. -L06060.7,II~;8-?' Runways 4-22 and 8-26 PAP1 Construction Bid Documents Zy Page 2-12 July 2007 ATTACHMENT 2 (DRUG-FREE WORKPLACE FORIY>n The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that ~~'~,Ci5-y-~ R ppr~c.ch, L 1^ ~ does: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal 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 Stated 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 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: R~quS} `~ , a pG ~ Signature: ~- 5. C-tre~r~~ Sele. CS~~~e~ Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-13 .iuly 2007 ~~ Runways 4-22 and 5-26 PAPI ConsUvction Bid Documents July 2007 l/./,~, Page 2-14 TTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) SWORN STATEMENT UNDER SECTION 287.133(3)(a). FLORIDA STATUES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.01 This sworn statement is submitted with Proposal for Runways 4-22 and 8-26 PAPI Construction, Sebastian Municipal Airport, City of Sebastian, Florida 1.02 This sworn statement is submitted by (name of entity submitting sworn statement) whose business address is 1`ld2 ~0.mrn6s~$ tai 1{WaN , Eat~r~ton, G~ 3iaa~i- and (if applicable) its Federal Employer Identification Number (FEIN) is $ ~-a ~ s©~I' ~~f (If the entity has no FEIN, include the SCocial Security Number of the individual signing this sworn statement:(~1. 1.03 My name is _ S2. E F S • G ree,n and my relationship to the (please print name of Individual signing) entity named above is : dole. C~u+.~e.f 1.04 I understand that a "public entity crime" is defined in Paragraph 287.133(1)(8), Florida Statues, 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 proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.05 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 trail court of record relating to charges brought by indictment or information after July ] , 1989, as a result of a jury verdict, nonjury trial, or entry plea of guilty or nolo contendere. 1.06 I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues, 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 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. 1.07 I understand that a "person" as defined in Paragraph 287. ] 33(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-15 July 2007 Z~ 1.08 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.) 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 Julx 1,.1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, sfiazeholders, 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 heazing officer of the State of Florida, Division of Administration 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.) SWORN STATEMENT -PUBLIC ENTITY CRIMES (CONTINUED) • ~ e~F S. (Signature) t ~ UCtiy~Sf 1 ~', a (3 ~ `1 v ' STATE OF •FE61~I$A Ca~~r~Gi R COUNTY OF ~urN€~rn The foregoing instrument was acknowledged before me this ~~~' day of utauS~ , 2007 by ~eFf 5. Grez.v'1 5~1~ t`)~~r~et (title) on behalf of i-~ L~-- ' f Y~c~Sisr A~ppra[u~ LLC (name of partnership), a .part~ersktip. He/she is personally known to me or has 1T ,_,. produced as identification and did (~id not () take an oath. My Commission Expires~y°`r t'`"'Sf s":. :3.€ evi~,~.~~> i c., e,;, r Commission Number: NR NOTARY P L1C END OF SWORN STATEMENT -PUBLIC ENTITY CRIMES Runways 4-22 and 8-26 PAPI Construction Q Bid Documents Z U Page 2-16 July 2007 Bid Bond No. 07-5474-BID ATTA,CIiiViENT'~ (BID BLIND) (7Tris jorrn. provirlerl Gy Gi1y of Sebastiarr.as ors example of the form of bond'; the actuci! bond, form rxcust ` i~rifoPm :to the strnzdards required by Florida Statutes) Ic?~OA'lI ALL MEN BY7'HESE PRESENTS that, }ve the. undersign. ei, Precision Approach, LLC -172 Samons Parkway, Eatonton, GA 31024 as Bidder;;and First Sealord Suretv Inc. - 6675 Westwood Blvd.. Suite 100. Orlando. FL 32821 as Sutcfy; are;.ltercby .ticld and 11rm1y bound unto the Crty af:Seliastian; Florida, in tha .penal sum of fve- '(S'°/a} percent:of.tIie Total Bid Amount which is .$ far payment of'whicl3, well. and roily to be made, we herebq,~ointly and severally bind ourselves, successors and assigns: Signed this 15th -_day of August , 20U7: 'l:'he Condition of the above obligation is such that: whereas the Bidder has SubmittE~ to: the City of ~~etiastiaa a cettaia :131;1), attached hereto. and hereby made a pelt of hereof to ;enter into a contract in waiting,;for ~tUNi~V:4:XS X1=22 SAND 8-26 PAPi CONSTRUCTION. _NDW Ti-1ERE'FQKE; (a) If said` BID shall be' rejected,'or .. (b) If said.$ID shall lie accepted and the. Bidder .shall~execute and tieIiver a contract in the farm o.f Agreement attached hereto :(property completed in accordance with sair~ $£n)-and slia}LfuznJSli a:Perfor~Jance $ond for faitlifill.perfocnance of said contract, and' 'Payment Bond for tlEe. payment of all persons ~perforJning.labor, fitiitsHing triatertals in connection .herewith, and.shall in all other respects perform the~agrcement:crtrated by ~ilte acceptance ofsaid BITj; then:tlii~ o~iigaticin shall be'vo'td, o~lerwse t3is same shad' rennain in foiice-and effect,. it tieing expressly understood acid agreed that the liability of the Surety of.iuiy anc3 till ~lttim~:herCtuiiIvr ~htill, in.rJO rvdnt,;cauti-sl tlz~ li~nai.aJnouatof' this.:obligation.es herein-stated. :ihe'Suzrrty, for •vaiue T~eCeived, hereby stipulates anrt agrees that, the obligations of said. Slitety and. its Flid Bond shall'be in:no ivva ~im ' y paged or. affected by an:e~ctension of the hme vi:ithin wl{icli ;the City of Sebastian tray accept such Bid;. andsaid Surety:does hereby waive nonce of any such extension. 1NWITNHSS WFIEREOF, tFte Binder and 'the Surely have bereunto.set their hands and seals; and sucli:a€them.as arc eapotatrQns have caused their corporate seals tb be hereto affJZed'and these'presents to be signed 3y their pmparty officers~ihe day and year :first sct.forth abo~•a. BidderName'P ELISION APPROACH, LLC guru FIRST SEALORD RETY, NC. P ed .oi~ Typed - - ri ed q Typed Bye ,/~j~~-- By; Pctrt)ioiized Signature Bidder- utborize ignature ~eF 5. Greek 5~1e Ow~~~C Kathy S. Smith, Attorney-in-Fact Bidder- Printed ortyped Tlame and Title Surety - Pointed ar Typed hiacuc and Title ~tmirays 4.22 and-8-36 Pr1Pi ConsUvction B1d I)ocumenrs Page 2-17 Jnly 2007 zg ~~eci5iatn -A~~IYaGch~ LL C ATTACHMENT 5 (BID SCHEDULE) PROJECT LOCATION/DESCRIPTION: Sebastian Niunicipal Airport, Sebastian Florida, Runways 4-22 and S- 26 PAPI Construction Liquidated Damages shall be assessed in the amount of $300/calendar day for days in excess of 90 Calendar Days for Construction and substantial completion, 15 for punch-out. ~~ Item Description uatttiri• Unit Unit Price Extension BASE BID 1000-1 obilization 1 EA q ° ~ ~ q `~ `f, ~~ -108-1 and Excavate Minimum 8" Wide x 28" Deep 100 LF ~ Jam, ~p ,~ SOt). O (~ Earth, Includes all labor, backfill and sod estoration, com lete in lace -108-2 and Excavate Minimum 18" Wide x 36" 100 LF 7a, (~~ f] 0©D. ~'~ eep in Earth. Includes all labor, backfill and od restoration, com lete in lace -108-3 6 Bare AWG Counterpoise Conductor 4,100 LF t' 4, ~t}Q, o4 nstalled in Trench, -Include installation, labor, s lice kits, and etc. com lete in lace -108-4 3/4" x 10' Ground Rods Connected to 13 EA ~ 0 ©• ~ O ~ , 3 d D , D t? ounterpoise at 500'. Includes excavation, " installation, splice kits, exothermic welds, ackfill, labor and etc. com fete in lace -108-5 , 600V XHHW Conductor installed in new 16,000 LF ~. Utz 3 ~, Qpp, as nd existing Conduit/Ductbank system. ncludes installation, labor, cleaning of conduits, testing, dewatering, identification, connections, splice kits, and etc. complete in lace. -109-1 odify existing Airfield Vault Electrical 1 LS 5 0 o e . ~ ~ , (j p t~. a Service for Runway 4-22 PAPI Systems. " Includes panelboard modifications, circuit reakers, new transformers, new lighting contactors, control system modifications, conduits, conductors, installation, labor, core drilling of vault wall, concrete, fire rated sealant, coordination, and etc. fora complete Orkin s stem in lace Runways 4-22 and 8-26 PAPI Construction Bid Documents Addendum 1-July 31, 2007 Page 2-18 ~l'ec+5ibv~ ~~~roc<c~,~LLC, It m No. Item Description itantity Unit Unit Price Extension 109-2 odify existing Airfield Vault Electrical 0~ LS J7" 0 DQ ~ Service for Runway 9-27 PAPI Systems. eludes panelboard modifications, circuit reakers, new transformers, new lighting ontactors, control system.modifications, onduits, conductors, installation, labor, core 'fling of vault wall, concrete, fire rated ealant, coordination, and etc. for a complete Orkin s stem in lace -110-1 1-2" Schedule 40 PVC Conduit Direct Buried 2,800 LF ' i 4,Zt~ f i ~ d©, da ' earth/rock complete in place. Includes xcavation, labor, connectors, and backfill om fete in lace -110-2 1-2" Schedule 40 PVC Conduit directional 500 LF ~ (`~~ OD _ ~ l~}DOD, d° ored under existing taxiway and runway avement. Includes excavation, installation its, conduits, fittings, labor, backfill and etc, om fete in lace -110-3 and Excavate 1-2" Schedule 40 PVC 1,800 LF JAS, O D ~3, Opp , p~ onduit Direct Buried in earth/rock complete 'n place. Includes hand excavation, labor, onnectors, and backfill com fete in lace 125-1 rovide and install 2 box PAPI System, ? EE a (~ 1©, as a5 o2a©• a~ omplete. Includes excavation, installation, all API equipment, lamps, control panel, 'unction boxes, concrete bases, aiming, esting, conductors, splice kits, connections, abor, coordination, conduit, flexible conduit, ontrol and power wiring, ground rods, rounding, frangible couplings, anchor bolts, ackfill, grading, earthwork, anti-seizing ompound, fittings, flight check, PAPI aiming ool, and etc. for a complete working system i lace. -125-2 -867 16"Diameter x 24" Deep Junction Box 11 EA `12J'~, ~,a ~~~ ~ 7~ ~ ~a ith 1!2" thick steel cover installed in earth. ncludes excavation, base can, rock, concrete, teel cover, anti-seizing compound, stainless teel bolts and hardware, identification, brass ags, marker, connections, splice kits, safety . round, ground rods, drainage, backfill and tc. com fete in lace. 32 Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-19 Addendum (-July 31, 2007 ~rt:cis~o~~ F}~Droa~l,~LLC ~irr~lrt,Q a~i It m No. Item Description ~.iantity Unit Unit Price Extension -125-3 can - L-867 junction can plaza in Earth. 3 EA 1 aD.`~O ~ SaD. ~~ ncludes excavation, base cans, rock, concrete, ' teel covers, anti-seizing compound, stainless teel bolts and hardware, identification, brass ags, markers, connections, splice kits, safety round, ground rods, drainage, backfill and etc. com lete in lace. ' -125-4 dentification of cables, ductbanks and lightin 1 LS U0. °`~ EJ yC), aQ fixtures per FAA Specifications. Includes oncrete duct markers, brass tags, circuit ' 'dentification, labor and etc. -125-5 ew PAPI Power & Control Pedestal. 2 EA ~' SO ©~ g . ~DO• ~ 0 eludes excavation, installation, pedestal, oncrete, conduit, transformers, surge arrestor, onductors, disconnect switch, PAPI control quipment, stainless steel channel, testing, puce kits, lightning rod, frangible coupling, rounding, ground rods, wiring, control & ower wiring, connectors, backfill, labor and etc. for a com lete workin s stem in lace. -125-6 ntercept existing conduit system and connect 8 EA ~~5 av ' j ?J~ ~OQ, ~v o new conduit system and extend circuit. ncludes excavation, backfill, dewatering and cleaning of conduit systems, connections, lice kits, labor and etc. com fete in lace. Total Base Bid: $ ~ ~ (o, ~ (o ~. QO Runways 4-22 and 8-26 PAPI Construction Bid Documents _~ddendmn t-July 31 2007 Page 2-20 ~ 3 ~reC+5~6~~ ~~~rtlc~ch~LLC Item No. Item Description Unit uanti Unit Price Extension Al)ll1TiVE BID NO. 1 -108-1 ' and Excavate Minimum 8" Wide x 28" Deep 100 LF ~5, y~ 3 , sbp, c0 Earth, Includes all labor, backfill and sod estoration, com fete in lace -108-2 and Excavate Minimum 18" Wide x 36" 100 LF r] ~, p p %~ Obd. 00 eep in Earth. Includes all labor, backfill and od restoration, com fete in lace -108-3 6 Bare AWG Counterpoise Conductor 3,200 LF ~ p~ ~I~O~, OO nstalled in Trench, -Include installation, abor, s lice kits, and etc. com lete in lace -108-4 /4" x 10' Ground Rods Connected to 7 EA b Q . O © ~ O d ~ 0 O ounterpoise at 500'. Includes excavation, 'nstallation, splice kits, exothermic welds, ackfill, labor and etc. com lete in lace -108-5 , 600V XHHW Conductor installed in new 12,500 LF ~, ~ O ~ s 0 i1p, ~ ~ d existing Conduit/Ductbank system. cludes installation, labor, cleaning of onduits, testing, dewatering, identifcation, onnections, splice kits, and etc. complete in lace. 109-1 odify existing Airfield Vault Electrical 0~- LS v 5 ppd. t7 Service for Runway 4-22 PAPI Systems. cludes panelboard modifications, circuit reakers, new transformers, new lighting ontactors, control system modifications, conduits, conductors, installation, labor, core rilling of vault wall, concrete, fire rated ealant, coordination, and etc. for a complete Orkin s stem in lace -109-2 odify existing Airfield Vault Electrical 1 LS e~ J`, ppp, pfl ,~ Oc~Q. Service for Runway 9-27 PAPI Systems. ncludes panelboard modifications, circuit reakers, new transformers, new lighting ontactors, control system modifications, onduits, conductors, installation, labor, core ~Iling of vault wall, concrete, fire rated ealant, coordination, and etc. for a complete Orkin s stem in lace -110-1 1-2" Schedule 40 PVC Conduit Direct Buried 1,900 LF 'T, b O 7 ~~~ ~o 'n earth/rock complete in place. Includes ' xcavation, labor, connectors, and backfill om lete in lace 3'f Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-21 :lddendmn I-July 31 2007 ~Yec~S~o~~ j-~~~rLc~eh~ LL C... Item No. Item Descriation Unit uanti Unit Price Extension -110-2 1 -2" Schedule 40 PVC Conduit directional 500 LF ~~ ~ Go / 4, OfJiU . ~a ored under existing taxiway and runway avement. Includes excavation, installation its, conduits, fittings, labor, backfill and etc, c om lete in lace -110-3 and Excavate 1-2" Schedule 40 PVC 50 LF 3S. 4 ~ ~~ ~ s~' 0 Conduit Direct Buried in earth/rock complete ' n place. Includes hand excavation, labor, onnectors, and backfill com lete in lace 125-1 rovide and insta112 box PAPI System, 2 E~ (off ~ ~~~ b ~ S , ~~ D s a`~ omplete. Includes excavation, installation, all ~ API equipment, lamps, control panel, 'unction boxes, concrete bases, aiming, esting, conductors, splice kits, connections, abor, coordination, conduit, flexible conduit, ontrol and power wiring, ground rods, grounding, frangible couplings, anchor bolts, ackfill, grading, earthwork, anti-seizing compound, fittings, flight check, PAPI aiming ool, and etc. for a complete working system i lace. -125-2 -867 16"Diameter x 24" Deep Junction Box 4 EA 7 oC ~ ~~ ~, ~ G d' ~© 'th 1/2" thick steel cover installed in earth. ncludes excavation, base can, rock, concrete, • teel cover, anti-seizing compound, stainless steel bolts and hardware, identification, brass ags, marker, connections, splice kits, safety ground, ground rods, drainage, backfill and etc. com lete in lace. -125-3 can - L-867 junction can plaza in Earth. 0 EA ~ SaG~cv ncludes excavation, base cans, rock, concrete, steel covers, anti-seizing compound, stainless steel bolts and hardware, identification, brass ags, markers, connections, splice kits, safety ground, ground rods, drainage, backfill and tc. com lete in lace. -125-4 dentification of cables, ductbanks and lightin 1 LS JC~d•~U ~ UL~ CO txtures per FAA Specifications. Includes oncrete duct markers, brass tags, circuit dentification, labor and etc. Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-22 Addendmn f -July 31 2007 ~~ ~fe.CiS~UY1 ~P~rr;icic.~, JLLC Item No. Item Descriation Unit uanti Unit Price Extension -125-5 ew PAPI Power & Control Pedestal. 2 EA ~(~,d ~ $ 56 O, ~~ ncludes excavation, installation, pedestal, oncrete, conduit, transformers, surge arrestor, onductors, disconnect switch, PAPI control quipment, stainless steel channel, testing, plice kits, lighfiing rod, frangible coupling, rounding, ground rods, wiring, control & ower wiring, connectors, backfill, labor and tc. for a com lete workin stem in lace. -125-6 ntercept existing conduit system and connect 2 EA ~,~~.Ob $ 5 ~~ Dc~ o new conduit system and extend circuit. ncludes excavation, backfill, dewatering and leaning of conduit systems, connections, lice kits labor and etc. com lete in lace. via riuwuve nia: ~ ! V 1~ ' IdO~ CZ(7 3l0 Runways 4-22 and 8-26 PAPI Construction Bid Documents July 2007 Page 2-23 Bid award will be made to the lowest responsive and responsible Bidder whose bid, confirming to the specifications, Instructions For Bidders, and Contract Documents, will be the most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. Further, the City reserves the right to award the Bid based on any one or all of the "Additive Alternates;" therefore, each "Total Base Bid+Additive alternate" price must be ready to stand on its own. The BIDDER must submit bids on the Base Bid including the "Add Alternates" shown above. The undersigned, having become thoroughly familiar with all of the Agreement & Bidding Documents incorporated herein, the project site and the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and famish all the equipment, labor and materials necessary to provide the construction services meeting or exceeding the specifications as set forth herein for the prices quoted above. The price quoted is inclusive of any Addenda, which may be issued. If awarded this bid, the Contractor agrees to enter into a contract within ten (10) consecutive calendar days notice by the city, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the above stipulated prices which shall remain firm for sixty (60) days following bid opening date. Failure to execute the Contract as stipulated above may result in the forfeiture of the Bid Bond in its entirety. Proposal Security The undersigned acknowledges that it has included with its Bid the required Bid Security for not less than five percent (5%) of the total amount of its Proposal. Addenda It is agreed that the undersigned has received all addenda complete as issued by the Owner and that related costs are included in the proposal submitted. The undersigned acknowledges receipt of said addenda as follows:. Addendum # ~ dated ~7 "31 ~ 0 °, Addendum # dated Addendum # dated Authorized Signature ~~ec-SioY. ~ p~roc~..c-~~ Ll_ C Firm Name ~e~~r 5. ~areey~ Printed Name .Sa [~. taw n e.r Title (-~uc~,~si- I ~l-, ~ d 0 `1 Date igned Phone Number End Attachment 5 (Bid Schedule) Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-24 Addendum t-July 31 2007 ~7 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. ~AVCe ~ Inc. sw~t..r+~i- t..n.r~r $ Ca~~.~b~r~, t rJ ~+~~ ~~ j c 3t'l S - 2 W• m• k ri s~n ~ ~sn S o . 4oX b3 ~~ rec~`onul !~~ roc, $ ~ ~"~ ~ J j O o G . ~ o vJ:Y~4! ~~~ fil 338 z -5 3 $ 4. $ 5 . $ 6 . $ 7. $ TOTAL DOLLAR VALUE OF S UBCONTRACTOR PARTICIPATION: PERCENT SUBCONTRACTOR PARTICIPATION: ~~ Name of BIDDER: '~~('~clStyv~ Appr~c~ch, LI- l/ Runways 4-22 and 8-26 PAPI Construction Bid Documents July 2007 Page 2-25 ~~ Runways 4-22 and 8-26 PAPI Construction Bid Documents page 2-26 July 2007 39 P~ecisiuk~ ATTACHMENT 7 (FLORIDA TRENCH SAFETY ACT) CERTIFICATION AND DISCLOSURE STATEMENT (~ ~~7rc c~.c4~, ~ L L ~ 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. 1. 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. 3. The Contractor shall consider the geotechnical data available from the City, if an 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 Units of Measure Unit Unit Cost Extended Cost Measure (Description) (LF, SF) (Quantity) a. ~ e,n e rca~ t r e-~n c~. l-~ Y e.cc~v_ji ~, s ~-a~ S h c`-1 a ~,.~ b. ~.te~- .ccd-1 `1/rerrc.4i eS Liss ~~-. ~-,sa~. c. d. e. For Information Only, Not for Payment Purposes $ 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. Runways 4-22 and 5-26 PAPI Construction Bid Documents Page 2-27 ~~ July 2007 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. ~'Ce c.s 5~ an ~ paCh L L.e/ Compa y. and Title soles Owner f ~ ~- Scam~'nan s PG.rI~~C~~-1 Telephone:('1o 6) `{$ S ' '7a O END OF FLORIDA TRENCH SAFETY ACT STATEMENT Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-28 Tuly 2007 ~-F 1 Runways 4-22 and 8-26 PAPI Construction Bid Documents July 2007 Page 2-29 ~~ Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-30 July 2007 ~.3 CITY OF SEBASTIAN RUNWAYS 4-22 and 8-26 PAPI Construction City of Sebastian Project 07-11 ADDENDUM # 1' DATE: July 31, 2007 TO: All Bidders This Addendum becomes hereby an integral part of the bid package under consideration by you as a respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bid package -including all issued addenda. This Addendum is being sent to you via "e-mail". Should you have any questions pertaining to this Addendum, please contact Mark Jansen at 407.306.0200. ADDENDUM MESSAGE 1. This addendum message includes this page, and the attached 20 pages. Attachment No. Description Pales ,t~dd~ndu~ri 1; 4" 2 Addendum text. Revised Bid Form 7 Revisions to Pay items Revised Plan Sheets 13 Plans revised to delineate base bid and alternates. 2. Sub 'tted to the City must also include this addenda page submitted & signed as ac ledge jment of receipt of same. ~/ o`-"- ~['_~~ 5.~re,e.n~`ot~, Dw~z.C ~r`e,c-5i a~ I~Qpc'Q~4~ L LG ipt Acknowledged By, Bidders Signature Firm Name T Original Signed by Mark Jansen Mark Jansen, Project Manager THE LPA GROUP INCORPORATED RUNWAYS 4-22 and 8-26 PAPI Construction City of Sebastian Project 07-01 r ~ Sebastian Municipal Airport Page 1 of 2 Addendum 1 July 31, 2007 O Np 0 q m {~ S N m N m q' N ~aOD OY O O S ~ y ry ^ ~ O Q N m O O ^ r [7 ~ m (~ N 8 ! 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J C Y @EC 0 ° SC m m 0 ° pF c x U f3 m J ~ ° > Y a ~ ~ ~ ~ CC O 0 a U J a ~ Z mm Z O f U O C ~ = Q y N Z ~ n a ~ Q fb N Z 2 6 ~ ~ ~ O X a6 ~ n 0 O O U U x ~ V~ 8 n ~ m No 8 n o ~ A ~ °~ Y $ g $ ~ ~ o ~ ~ o 0 0 0 0 0 o N a~ a d a a a a °a a °a a a °a a a a a a a a° a a o. a a a o. a a a a a a a a a a a ~~ N O N O a Precision Approach, LLC 172 Sammons Parkway Eatonton, GA 31024 Phone (706) 485-7201 Fax (706) 485-7266 Cell (706) 473-3672 jsgreen@plantationcable.net General Company Information Summary August 15, 2007 Established May 17, 2004, Precision Approach, LLC is a contracting company primarily targeting airport lighting and navigational aid related construction contracts. Precision Approach, LLC operates as prime contractor orsub-contractor depending on the contract opportunity. Most contracts are government funded and require performance and payment bonding. The geographic area of operation is currently Georgia, North Carolina, South Carolina, Tennessee, Alabama, Florida, and Virginia. "An attitude indicator was chosen for the company logo indicating a straight and level attitude in all of our business dealings." Jeff S. Green Ownership • Precision Approach, LLC is a single member LLC owned by Jeff S. Green. Licensing and Registrations ® Georgia Unrestricted Electrical License EN211134 ® North Carolina Electrical Unrestricted 23806-U ® Tennessee Electrical #54295 ® South Carolina Electrical EL5 108277 ~ Florida Unlimited Certified Electrical EC13003136 ® Alabama Electrical #2324 ® Alabama Subcontractor (Runways, Electrical) S-40781 Unlimited ® Alabama General Contractor -#42039 ® Virginia Electrical Master Tradesman - 2710-047126 ® Virginia Electrical Contractor - #2705114743 Page 1 of 3 `t" Administration Precision Approach, LLC operates from our office/warehouse facility located in Eatonton, Georgia, approximately 70 miles East of Atlanta.- Constructed in 2005, our facility allows for growth of our full time administrative staff, as this line of government funded contracting tends to require intensive paperwork. Maintaining an effective administrative support team is vital to our operation and growth.. Operations Precision Approach, LLC relies heavily on subcontracted labor. Using this approach we are able to direct more of our attention to managing the logistics, material, equipment, and other technical aspects of projects. We believe that with detailed management and quality control we can produce a high quality project for the owner in an efficient manner. We also retain the capability to perform work with in-house labor as necessary. Using this combined strategy, we are able to complete multiple simultaneous projects proficiently. Key Staff Jeff S. Green Stacey R. Green Cheryl S. Stewart James F. Beazley Trumer N. Marbutt John B. Webb, III Business Team: Owner/Manager Co-Manager Office Manager Project Manager /Superintendent /Estimating Superintendent Estimator • Banking: First National Bank of the South (706) 485-4500 1105 Lake Oconee Parkway Eatonton, GA 31024 • Bonding: BDH Associates, Inc. '(770) 564-2999 4572 Lawrenceville Hwy., Suite 201 Lilburn, GA 30047 • Insurance: Allen & Lambert, Inc. (478) 474-6468 1760 Bass Road Macon, GA 31221 • Attorney: Gailey Law Firm, LLC (706) 485-4001 953 Harmony Road Suite 101 Eatonton, GA 30124 • Accounting: Powell & Booth, P.C. (404) 262-9999 12 Lenox Pointe, N.E. Atlanta, GA 30324 / rQ Page 2 of 3 `~ O Equipment: • 2006 Dodge 1 Ton Work Truck: Heavy-duty towing and site truck. • 2007 Dodge 1 Ton Work Truck: Heavy-duty towing and site truck. • 2000 Dodge'/. Ton Work Truck: Heavy-duty towing and site. truck. • 1999 Ford Expedition • Tool trailer 8x16: Trailer is specially equipped to handle any small tool need of an airfield lighting project. • Equipment/Material Trailer 8x18: Trailer has the capacity to haul trenchers, and other material and equipment. • Wire trailer: Single axle • Trencher: 5020DD w/ backhoe. • Trencher: 5110DD w/ backhoe • Trencher: 4010 • Core rig and auxiliary equipment: The rig is set up to core asphalt or concrete up to 14" diameter. Note: Established equipment rental accounts will allow the rental of any necessary equipment. Page 3 of 3 `7"~ 7i 30/2007 4:38 AN FROH: Fax Allen and Lambert, Inc. T0: 17064857266 PAGE: 001 OF 003 ~'~ AC~RQ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YWY) ~ PRODUCER (478)474-6468 FAX (478)474-0116 07/27/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allen & Lambert , Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE (1760 Sass Rd, Ste. 101 Macon) HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW P.O. Box 410 . Bolingbroke, GA 31004 INSURERS AFFORDING COVERAGE NAIC# INSURED Jeff Green db INSURERA Auto-Owners Insurance 18988 DBA: a Precision Approach LLC 172 S INSURER B: St Paul/Travelers Ins. Co. ammons Pkwy INSURER C: E atonton, GA 31024-595$ ursLIRER~ INSURER E' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIO RIOD IN.CIICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCU ` , MENT 1MTH RESPECT TO WHICH T,F"'~ CERTIFIGs tp,TE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESC , RIBED HEREIN IS SUBJECT TO ALL THE TERMS, Ex LUSIO 6 AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LS GENERAL LIABILITY EACHO '(3~2ENCE S COMMERCIAL GENERAL LIABILITY y, DAMAGETORs~TE~ S CLAIMS MADE ~ OCCUR °~ MED EXP (Alr e S ; , ' i on Pelson) SE ATTACHED FOR GENERAL ~ ' •PERSeNAI~,}DVwJUaY s LIABILITY INSURANCE Y, _ `', GENERAI, AG GREGATE S ~ g GENL AGGREGATE LIMIT APPLIES PER: ~''t ~ODUCiCOMPIOP AGG S jE POLICY ~ LCC vt ~~;TV. AUT DMOBILE UABWTY 4604292501 O1/17/2007`z *,Ul/17/2008 X nrrv Auro '"~?~ coMelNeo 9NGLE LIMB IEA avFitlvnl) s , ` 1,000,00 ALL o~+~ED nuros :;, A SCREDULED AUTOS BODILY INJURY f X HIREDAt1fOS X NON.011RJE0 Wff05 ~ - ~ BODILY INJURY (Per.xdden¢. S '?~ _ PROPERTY DAMAGE (Per acddent) f GARAGE LUBILITY -~ '``~ AUTO ONLY-EA ACCIDENT S ANY AUTO ;-~` OTHER THAN. EA ACC S - AUTO ONLY: AOG S EXCES5f4MBRELLA LIABILITY - EACH OCCURRENCE f OCCUR ~ CLAIMS MADE AGGREGATE S i` S QEDUCTIBLE ~ ~ ~ - - S REf,EN,,,);, ION' 3 _ ~ S WDRKERS COMPENSATION AND EMPLOYERS' L1AB9 ITY 6JUB'-138=5E 5~9-2-0- ~~Ol/20/2007 ~Olf2<}/2008- ~ ~~'G STATU- OTH- >=R B . ANY PROPRIEfORIPARTNERIFa'EGUTIVE . E.L. EACH ACCIDENT f 1 , OOO , OO OFFlCER/MEMBER EXCLUDED? II yes, tleuribe undo _ `- E1. DISEASE-EA EMPLOYE S 1 OOO OO SPECIAL FR0T9SIOr1S babes J EFF S GREEN EXCLUDED E.L- DISEA,E . POLICY umrr s 1, 000 , 00 oT ER nand Marine 48003389-07 01/17/2007 01/17/2008 Rented/Leased Equipment limit A $100,000 Deductible $500 DESCRIPTION OF OPERATIONS (LOCATIONS fVEHICLES /EXCLUSIONS ADDED BY EN DDRSEMENT / SPECV\L PROVISIONS '" '" roject: New North Terminal, Winter Haven Airport, FL recision. Approach Project No. PA0710 emco Construction, Inc is. 'fisted as additional insured ATIMA CERTIFICATE HOLDER cAMr•n I nrlnet SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E7(PIRATION DATE THEREOF, THE ISSUING INSURER W ILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO 7NE CERTIFICATE MOLDER NAMED TO THE LEFT, Semco Construction, InC BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO BOX 706 OF ANY HIND UPON THE INSURER ITS AGENT'S OR REPRESENTATIVES. Bartow, FL 33831 AUTHOR2ED REPRESENTATIVE ~~ ~ Jim Lambert DEBRA- ' 6w`t~ ACORD 25 (2001ID8) 50 ©ACORD CORPORATION 1968 !/30(2007 9:38 Ah1 FRJt~f: Fau Allen and Lambert, Inc. TO: 17064857266 PAGE: 002 PF D03 `~ IMPORTANT If the certifia:te holder is an ADDITIO":AL IPlSUP.ED, the pcliey(ies; ^;ust be endorsed. P, statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). It SUBROGATION IS WAIVED, subjeettotheterms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does i4 affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~;, ACORD 25 (2001!08) 51 7/30i=007 9:38 Ab1. FPOM: Fax Allen and Lambzrt, Inc. T0: 17064857266 PAGE: UU3 or~ w. W. BROWI\ & ASSOCIATES ~ISL}RANCE SERVICES 19000 MacArthur Blvd., Suite 100 Irvine, CA 92612 (949)851-2060 CERTIFICATE OF 1NSiJRANCE THIS 15 TO CERTIFY TO: SEMCO Construction, Inc., P.O. Bax 706, Bartow, FL 33831 TN~AT TNT FOLLOWIIVG POLICY OF Il*ITSLTR.ANCE HAS B$1N ISSUED TO; Precision Approach, LLC 173 Sebastian Drive Eatonton GA 31424 POLICY ivTO. N~03~2007 January 24, 2008 POLICY PERIOD FROM: January 2`I, TO: INSUIZA,'~CE COMPANY: ~ SPecialty Insurance Company DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: ate Limit General Aggrt3g $] 0,000,000,00 ;„ .~ (Othct than Products-Completed Operations) regate Limit erations A d O l '" µ~' $ 5,000,000.00 gg p ete Products-Comp Personal Injury & Advertising Injury Aggregate Limit p ~ S,000,OOO.DD ` ~ EachOccurrenccLimit" ~ S 5,000,000.00 000.00 S 100 Fire parnaoe Limit (Any One Fire) , ~; 000.00 ~ S 5 MedicalE•xpense Limit _ , 000,Op *` S S Each Occurrence Limit Hangatkeepers' Each Loss Limit , S Not Covered { Hangarkeepers' Each Aircraft Limit S Not Covered llangarkeepers' Deductible <k s $ Not Covered As respects the above Certificate Holder: SECTION II -WHO IS AN INSURED is amended to inc'lttc~~~as an insured the Person or organization, but only with respect to liabilit~,arising out ofthe Named Ii~ sur'ed s aviation operations. Subj ect to Y2K Endorsert}Oiit ~ ~ ~ . Coverage provided tinder this certificate is as reap is the following project: New North Terminal; Winter Haven Airport; FL; Precision Approach ,~rojeet No: PA0710 Information contained herein valid July 27, 2407 This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contractor other document with respect to which this certificate of insurance may be'issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Should any of the above described policy(ies) be canceled before the expiration date hereof, the issuing company will endeavor to give 30 days* notice to the certificate holder named herein. Howeuer, failure to mail such notice shalt not impose any obligation nor any liability of any kind upon the company, its representatives or agents. *10 days for non-payment By: ~_,t~>r~°"y /~5~~ Date of Issue: July 27.2007 W. Brown & Associates Insurance Services CettNo.: 2U 5Z ATTACHMENT 1(CONTRACTOR INFORMATION FORM) TO: Sebastian Municipal Airport 202 Airport Drive East Sebastian, FL 32958 Ladies/Gentlemen: Having carefully examined the Proposal Documents and Drawings entitled~~ ~ `~'t~ } i~-2l~ '~1~P1, ~k~ ~.c~ or d'1-1\ ,Sebastian Municipal Airport, City of Sebastian, Florida, as well as thenpremises and conditions affecting the work, and confirming that the sites were visited, as required, by •t- • C ~ c'o~ t~I- (Name of Person or Persons) on (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: (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in construction work has your organization had as a general contractor? As a Subcontractor? (3) List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required iri=ais project. (LJse 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 Date of Owner Runways 4-22 and 8-26 PAPI Construction Bid Documents July 200 J~ Page 2-8 5 (4) H~av(e you ever failed to complete any work awarded to you? If so, where and why? I Vrl~ (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. ~1a (6) Has any officer or partner of your organization ever failed to complete a construction contract han1d-led in his own name? If so, state name of individual, name of owner and reason therefor. ~µ~ (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. Sy ~F po (8) What is your bonding capacity? ~~, d(`X~, (~c'~C~. (9) What amount of your bonding capacity has been used as of the date of this bid? ~_ ~ ~~, C~c~C~. Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-9 July 200'7 (l 0) How many applications for performance and payment bonds have you made in the last three (3) YD'S? (l 1) How many of these applications were not approved? ~~r~ ~- (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. (Else additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? >f so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Else additional sheets if necessary.) I~\D r Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-10 July 20 ~5 I, 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 un f r a gro ds o determination of nonresponsibility with respect to such contractor. Respectfully Submitted, L.. ~r v~~ T a. ~ u --• (Name of Bidder) . ~~~~ (Authorized Signature) `,, 4 5 ` W ~~f l S , I~"L ~ ~'Z Ql~ (Title) (Date) (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: ~~ ~OC~ ~q ~~ Classification: ~` P~~C ~, t~"~,,.~ Monetary Limit: ~ ~y1 ~ *ATTACH A COPY OF APPROPRIATE LICENSES Runways4-22 and 8-26 PAPI Construction Bid Documents Page 2- l 1 July 2007 ~' 1 Hox r ~ t~~ ZH n ~ f ~ ~ ~ ~~ ~~ y N t~+ N m ~ a Q? ro r "oar- ro H~ o m,NH O1 ~'x Hyy ~ro ~ H ~ : ~ ~ v , ~ { Q Q ~~a ~ O H ro N .e O ro ~, O ~~ H~ b H 42 ~. '~1 ~ 'sj O r z !~ W O: H C~ ~ ~r~ o ~ ti '~'t'~~ ~ ~~ do - w ~ ~ ° ~ ~ N o N ZC ~ i ~1 .. 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N M r ~ m b m N W R m W N A W k ~y r O O V N f!• N N in J ~ N m (n ii~G~ r N y4y ~ N W C ~ O rn O l0 O O W p N r fn Q Ja I>A lD \O O O 1 O a H 1 O A a I O O r 1 O N m O O O O O O O O O O O O O O QN O ~~ .ti m 'e ~~ Cf ~ ~~ H ~ ~ ~ ~_ .... ~1 rh m 1 n m 0 ~l ATTACHMENT 2 (DRUG-FREE WORKPLACE FOR1V~ The undersi ed Bidder, in ..accordance with Florida Statute 287.087 hereby certifies that • l-~ ~ -~-- O ~ does: 1. 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 unposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal 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 Stated 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 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: ~ ~ 1S (~rl Signature: ~n~rw~~ Runways 422 and 8-26 PAPI Construction $id Documents Page 2-13 July 2007 TTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) SWORN STATEMENT UNDER SECTION 287.133(3)(a). FLORIDA STATUES ON PUBLIC EN'T'ITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. l.Ol This sworn statement is submitted with Proposal for Runways 4-22 and 8-26 PAPI Construction, Sebastian Municipal Airport, City of Sebastian, Florida. 1.02 This sworn st~tetnent is submitted by (name of entity submitting swop s~tement) whose business address is~r-,\O W'ac~~ ~('ee~ ~ V~J -r~~2.d' SPr~-,o,S . frl.~ and (if applicable) its Federal Employer Identification Number (FEIN) is ~c1 ~ (4 ~ 2 C.o2,~ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:( ). 1.03 My name is ~r ~~~ ~~~ ~aCCC and my relationship to the (please print name of Individual signing) entity named above is :~(~ S~CL~-rr`~. ].04 I understand that a "public entity crime" is defined in Paragraph 287.133(1xg), Florida Statues,-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 proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.05 I understand that "convicted" or "conviction" as defined in Paragraph 287.133(l)(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 trail 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 plea of guilty or nolo contendere. 1.06 1 understand that an "affiliate" as defined in Paragraph 287.133(lxa), Florida Statues, 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 aze active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair mazket 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. 1.07 I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shazeholders, employees, members, and agents who are active in management of an entity. ~3 Runways4-22 and 8-26 PAPI Construction Bid Documents July 2007 Page 2-15 1.08 Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) 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 Administration Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the perso r 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 Departrnent of General Services.) SWORN STATEMENT - PUBLIC ENTITY CRIMES (CONTINUED) Date: `~` \ 5 ~ D''1 STATE OF FLORIDA COUNTY OF ~2-rr : -tip ~ ~, The foregoing instrument was acknowledged before me this 15~ day of /~~(C U S % .2007 by ~R/~N/~ f;2ur'T ~~2F-s~~~,~T' (title) on behalf of /~ L P2lci~T ~~'• (name of partnership), a partnership.. .He/she is personally kno to me or has produced as identification and did Odid not ( take an oath. My Commission Expires: ~7- ~ 4~- a D ! l Commission Number: ~~ (oc1 ~'a/ fo NOTAR UBLIC END OF SWORN STATEMENT -PUBLIC ENTITY CRIMES NOTARY PUBLIC-STATE OF FLORIDA Bonnie J. Marsh j~` Commission # DD698216 s,~',~ Expires: JULY 24, 2011 BONDED THRD ATLANTIC BO,ti'DL'~G C0., INC. ~-F~ Runways 4-22 and 8-26 PAPI Construction Bid Documents Juiy 2007 Page 2-16 ATTACHMENT 5 (BID SCHEDULE) PROJECT LOCATION/DESCRIPTION: Sebastian Municipal Airport, Sebastian Florida. Runwavs 422 and 8- 26 PAPI Construction Liquidated Damages shall be assessed in the amount of $9300%alendar day for days in excess of 90 Calendar Days for Construction and substantial completion, 15 for punch-out. Item Description uanti Unit Unit Price Extension BASE BID 1000-1 obilization 1 EA ~ _~~ F(~Q~ .~ -108-1 and Excavate Minimum 8" Wide x 28" Deep .100 LF ~ ~ ~ Earth, Includes all labor, backfill and sod _ '' storation, com fete in lace 108-2 d Excavate Minimum 18" Wide x 36" 100 LF ~ ~ ~rj~,~ eep in Earth. Inchtdes all labor, backfill and -' od restoration com lete in lace 108-3 6 Bare AWG Counterpoise Conductor 4,100 LF 1 ~ ~ ~ `1 L~ , °D nstalled in Trench, -Include installation, . abor s lice kits, and etc. com lete in lace -108-4 /4" x 10' Ground Rods Connected to 13 EA ~ ~~y ~ unterpoise at 500'. Includes excavation, stallation, splice kits, exothemuc welds, ackfill, labor and etc. com lets in lace -108-5 , 600V 3GiHW Conductor installed in new 16,000 LF ' ~~ ~,~ ~, ~ d existing Conduit/Ductbank system. dudes installation, labor, cleaning of onduits, testing, dewatering, identification, onnections, splice kits, and etc. complete in lace. -109-1 odify existing Airfield Vault Electrical 1 LS ~ UD ervice for Runway 422 PAPI Systems. dudes panelboard modifications, circuit reakers, new transformers, new lighting ontactors, control system modifications, onduits, conductors, installation, labor, core 'cling ofvault wall, concrete, fire rated ealant, coordination, and etc. for a complete orlon s stem in lace Runways 4-22 and 8-26 PAPI Construction Bid Documents Addendum 1- July 31, 2007 Page 2-18 ~5 Item Description ua~ Un t Unit Price Extension existing Airfield Vault Electrical for Runway 9-27 PAPI Systems. s panelboard modifications, circuit s, new transformers, new lighting ors, control system modifications, s, conductors, installation, labor, core of vault wall, concrete, fire rated coordination, and etc. for a complete system in place 110-1 1-2" Schedule 40 PVC Conduit Direct Buried 2,800 LF ' earthlrock complete in place. Includes cavation, labor, connectors, and backfill mplete in place 04 ~ LS 10-2 1-2" Schedule 40 PVC Conduit directional 500 LF red under existing taxiway and runway avement. Includes excavation, installation its, conduits, fittings, labor, backfill and etc, mp}ete in place 110-3 and Excavate 1-2" Schedule 40 PVC. 1,800 LF ~nduit Direct~Buried in earth/rock complete ' place. Includes hand excavation, labor, nnectors, and backfill complete in place 'rovide and insta112 box PAPI System, 2 EA omplete. Includes excavation, installation, all API equipment, lamps, control panel, mction boxes, concrete bases, aiming, sting, conductors, splice kits, connections, ibor, coordination, conduit, flexible conduit, ~ntrol and power wiring, ground rods, rounding, frangible couplings, anchor bolts, ackfill, grading, earthwork, anti-seizing impound, fittings, flight check, PAPI aiming col, and etc. for a complete working system ' 7 16"Diameter x 24" Deep Junction Box 11 EA 1/2" thick steel cover installed in earth. ides excavation, base can, rock, concrete, cover, anti-seizing compound, stainless bolts and hardware, identification, brass marker, connections, splice kits, safety id, ground rods, drainage, backfill and :omplete in place. J Runways 422 and 8-26 PAPI Construction Bid Documents Page 2-19 Ob 00 ~-, ~ CEO a' C~ ~ '-1 ~0~~`~ ob Addendum 1-July 31, 2007 m No. Item Description ua Unit Price Extension -125-3 can- L-867 junction can plaza in Earth. 3 EA ~ ~ ~ ~`~J Cpl] ti ~ ~ ~=-_ nciudes excavation, base cans, rock, concrete, teel covers, anti-seizing compound, stainless teel bolts and hardware, identification, brass gs, markers, connections, splice kits, safety and, ground rods, drainage, backfill and c. com fete in lace. t~ pC~ -125-4 ~.entification of cables, ductbanks and lightin 1 LS ~~~~ . tares per FAA Specifications. Includes oncrete duct markers, brass tags, circuit 'dentification labor and etc. 125-5 ew PAFI Power & Control Pedestal. 2 EA ~ vf~ dudes excavation, insiallation, pedestal, ncrete, conduit, transformers, surge arrestor, nductors, disconnect switch, PAPI control quipment, stainless steel channel, testing, plice kits, lightning rod, frangible coupling, unding, ground rods, wiring, control & ower wiring, connectors, backfill, labor and tc. for a com fete workin tem in lace. -125-6 terc texistin conduit ~~ ~~ ep g system and connect 8 EA o new conduit system and extend circuit. dudes excavation, backfill, dewatering and leaning of conduit systems, connections, _ plice kits, labor and etc. complete in nlace_ Total Base Bid: Runways 422 and 8-26 PAPI Construction Bid Documents Addendum 1-July 32007 ~ 7 Page 2-20 Item No. Item Description Unit uantitvUnit Price Extension ADDITIVE BID NO.1 ' 108-1 d Excavate Minimum 8" Wide x 28" Deep 100 LF -- OD ~ ~ ~~ . Earth, Includes all labor, backfill and sod toratioq co lets in lace bO o0 -108-2 d Excavate Minimum 18" Wide x 36" 100 LF eep itt Earth. Includes all labor, bacldill and od restoratio com lets in lace ' 2'~ ~ 108-3 Bare AWG Counterpoise Conductor 3,200 LF talled in Trench, -Include installation, lice kits, and etc. com lets in lace 108-4 /4" x 10' Ground Rods Connected to 7 EA ~ ~~ ~ ~ . CX~ unterpoise at 500'. Includes excavatioq stallatioq splice kits, exothemuc welds, kfill, labor and etc. com lets in lace ' 108-5 , 600V XHHW Conductor installed in new 12,500 LF ~^~ ~1 d existing Conduit%Ductbank system. chides installation, labor, cleaning of nduits, testing, dewatering, identificatioq nnections, splice kits, and etc. complete in lace. 109-1 odify existing Airfield Vault Electrical (>I- LS ~ ervice for Runway 422 PAPI Systems. chides panelboard modifications, circuit reakers, new transformers, new lighting ntactors, control system modifications, oiiduits, conductors, installation, labor,-core ling of vault wall, concrete, fire rated ealant, coordinatioq and etc. for a complete orlon tem in lace ~ p0 109-2 odify existing Airfield Vault Electrical 1 LS ervice for Runway 9-27 PAPI Systems. dudes panelboard modifications, circuit reakers, new transformers, new lighting ntactors, control system modifications, duits, conductors, installatioq labor, core 'Ming of vault wall, concrete, fire rated ealant, coordinatioq and etc. for a complete orlon s tem in lace -110-1 1-2"Schedule 40 PVC Conduit Direct Buried 1,900 LF a~ ~ I . ~ eartb/rock complete in place. Includes cavation, labor, connectors, and backfill m lets in lace Runways 422 and 8-26 PAPI Construction Bid Documents Addendum i-July 3_1,_2007 Page 2-21 Item No. Item Description Unit uantity Unit Price Extension -110-2 1-2" Schedule 40 PVC Conduit directional 500 LF ~ ~ ~ ~> ~ ored under existing taxiway and runway ~ , avement. Includes excavation, installation its, conduits, fittings, labor, backfill and etc, om lete in lace -110-3 and Excavate 1-2" Schedule 40 PVC 50 LF ~ ~ onduit Direct Buried in eazth/rock complete place. Includes hand excavation, labor, onnectors, and backfill com lete in lace 125-1 vide and install 2 box PAPI System, 2 EA ~ ~ _~~ ~,~ omplete. Includes excavation, installation, all API equipment, lamps, control panel, 'unction boxes, concrete bases, aiming, esting, conductors, splice kits, connections, abor, coordination, conduit, flexible conduit, ontrol and power wiring, ground rods, unding, frangible couplings, anchor bolts, ackf~ll, grading, earthwork, anti-seizing ompound, fittings, flight check, PAPI aiming ooi, and etc. for a complete working system i lace. -125-2 -867 16"Diameter x 24" Deep Junction Box 4 EA II ~~,,'' `` . l~1`C ~ $ ~ ith 1/2" thick steel cover installed in earth. cludes excavation, base can, rock, concrete, feel cover, anti-seizing compound, stainless feel bolts and hardware, identification, brass gs, mazker, connections, splice kits, safety ound, ground rods, drainage, backfill and tc. com lete in lace. -125-3 can - L-867 junction can plaza in Earth. 0 EA cludes excavation, base cans, rock, concrete, feel covers, anti-seizing compound, stainless feel bolts and hardware, identification, brass gs, markers, connections, splice kits, safety ound, ground rods, drainage, backfill and tc. com fete in lace. -125-4 dentification of cables, ductbanks and lightin 1 LS ~ ~ xtures per FAA Specifications. Includes oncrete duct markers, brass tags, circuit ' dentification, labor and eta Runways 4-22 and 8-26 PAPI Construction Bid Documents Page 2-22 Addendum 1-July 31, 2007 / Item No. Item DescrintIon Unit QuantityUnit Price Extension 125-5 ew PAPI Power & Control Pedestal. 2 EA ~ Oct cludes excavation, installation, pedestal, oncrete, conduit, transformers, surge arrestor, onductors, disconnect switch, PAPI control quipment, stainless steel channel, testing, lice kits, lightning rod, frangible coupling, ending, ground rods, wiring, control & . ower wiring, connectors, backfill, labor and tc. for a com lete workin stem in lace. t~ O 125-6 ntercept existing conduit system and connect 2 EA new conduit system and extend circuit. cludes excavation, backfill, dewatering and leaning of conduit systems, connections, lice kits labor and etc. com fete in lace. Total Additive Bid: $ ~~ Runways 422 and 8-26 PAPI Construction ~ Bid Documents Page 2-23 Addendum 1-July 31.2007 Bid award will be made to the lowest responsive and responsible Bidder whose bid, confirming to the specifications, Instructions For Bidders, and Contract Documents, will be the most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. Further, the City reserves the right to award the Bid based on any one or all of the "Additive Alternates;" therefore, each "Total Base Bid+Additive alternate" price must be ready to stand on its own. The BIDDER must submit bids on-the Base Bid including the "Add Alternates" shown above. The undersigned, having become thoroughly familiaz with alt of the Agreement & Bidding Documents incorporated herein, the project site and the location conditions affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and famish all the equipment, labor and materials necessary to provide the construction services meeting or exceeding the specifications as set forth herein for the prices quoted above. The price quoted is inclusive of any Addenda, which may be issued. If awarded -this bid, the Contractor agrees to enter into a contract within ten (10) consecutive calendar days notice by the city, and agrees to all the terns and conditions of all documents stated herein with the City of Sebastian for the above stipulated prices which shall remain firm for sixty (60) days following bid opening date. Failure to execute the Contract as stipulated above may result in the forfeiture of the Bid Bond in its entirety. Proposal Security The undersigned acknowledges that it has included with its Bid the required Bid Security for not less than five percent (5%) of the total amount of its Proposal. Addenda It is agreed that the undersigned bas received all addenda complete as issued by the Owner and that related costs are included in the proposal- submitted. The undersigned ac oile ges receipt of said addenda as follows: Addendum # ~ dated - Addendum # Addendum # dated dated ~~ A~~d Signature ~(~ irm ame Printed Name Title Date tgned Phone Number End Attachment 5 (Bid Schedule) Runways 422 and 8-26 PAPI Construction Bid Documents Page 2-24 Addendum 1-July 31.2007 7i ATTACIiMENT 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 Number of Subcontractor Type and Description of Work to be Performed Contract Amount pp1. ~or~-,csc~E~ CCk r-c.,a.l. S~'~rd , i~~L 34A qS a- a. ~ -2C-kr C,c~..\ Ec11~~~r,r-, er.~ o'~z~c1 ~ "~.-~-~c' ~ a..~S $ ;~,1 ~ ~ ~'1~J ~ . od 2 $ 3 $ 4. $ 5. $ 6. $ 7. $ TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: $ ~ n s • a ' ,~ PERCENT SUBCONTRACTOR PARTICIPATION: I Name of BIDDER: ~ .~•~r v~ n ?Z Runways4-22 and 8-26 PAPI Construction Bid Documents Page 2-25 July 2007 }~ ,~y, Ftoridac l~e,~rar~m.ent of Trans,~ar~ctiar~ d~ e#osa 605 Suwannee Street covr;~r~o~ Tallahassee, FL 32399-Od50 March 21,2005 Torres Elec~ical Supply Company, Inc. Mr. Oscar Tames, President P.O. Box 1908 Stua~t•t, FL 34995 ICE: C-iSADVANTAGEO BUSINESS ENTERARISE CERTIFlGATiON Dear Mr. Tames: The Department is pleased to announce that your company has been cerii as a D'~sadvantaged Business Entetprrse (DBE) which is subject to continued ergibilily and also subject to actions of any other govemmenta! agencies which may affiect ttre minority status of your firm. This agency's cetfifiCCaatiaon enables the company th compete for Department work as a minorfiy awned and operated company. It is nova guarantee that the company will receive work. DBE certification by the Department shall be for a period of three (3j years. On each anniversary date during the three (3) year certification period an Affidavit of Continuing Eligibility must be submitted. ff at any time there is a d~ange in the ownership for recertification at the end of the three (3) year perm a new UGP Application must i~ submitted* th tt~ Qepartment ninety (~) days prior to expiration of your curnent certification. G Your firm can participate in FDOT contracts for D8E cradit in the following speciaN•ycode 220- Materials Supply.. rely, a Goademan --`'r--~-- ~~---- JG(pb CERTIFiCQTI0h1 EKPIRATiON DATE: February 20, 2008 JOSE ASBEU SECRETARY ATTACHMENT 7 (FLORIDA TRENCH SAFETY ACT) CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.64 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. 1. 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. 3. The Contractor shall consider the geotechnical data available from the City, if any the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed .on the subject Project. The Contractor acknowledges sole responsibility for the selection of .the 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 Units of Measure Unit Unit Cost Extended Cost Measure (Description) (LF, SF) (Quantity) b. c. d. e. For Information Only, Not for Payment Purposes $ 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. Runways4-22 and 8-26 PAPI Construction 7~ Bid Documents Juty 2007 Page Z-27 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. Company ~C-~k~Cw~ _ ~C'~eS~C`er~~ Name and Title Address: V~J ~ r~ ~ r~~c~~ ~ L. Telephoned ~ bbl ~'L'l ' 3~ ~, D END OF FLORIDA TRENCH SAFETY ACT STATEMENT ~5! Runways 4-22 and 8-26 PAPI Construction July 2007 Bid Documents Page 2-28 References for H. L. Pruitt Corporation 1. HD Sunnly- PO Box 4981, Orlando, FL 32792 (407) 84i-4710, fax (407) 849-1281, Contact: Kevin Barker 2. Torres Electrical- PO Box 1908, Stuart, FL 34497 (772) 286-5049, fax (772) 286-5496, Contact: Oscar Torres 3. Alien EnterQrises- PO Box 560384, Orlando, FL 32856 (407) 857-6778, fax (407) 857-7993, Contact: Perry Suganuma 4. Rinker Materials- 3626 Quandrangle Blvd, Ste. 200, Orlando, FL 32817 (407) 243-6313, fax (321) 235-0392, Contact: Roger Kramer 5. Summit Electric Supply- Po Box 27137, Albuquerque, NM 87125 (321) 558-2900, fax (866) 896-7166, Contact: JeffPatterson ~~ Paae: 001 ACORN„ .CERTIFICATE OF LIABIL I~ooucEa (407)788-3000 FAX (407) 788-7933 Insurance Office of America, Inc. P. 0. Box 162207 fTY INSURANCE o~s/ol" ~~i THIS CERTIFICATE IS E~IED A$ A AIATTER'OF WFORNIAT~1 ONLYANDCONFERSNORK3HTSUPONTHECERTiFICATE HOLDER. THIS CERTB:ICATE DOES NOT Ad1END EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POtICE:S BELOW. Altamonte .Springs, FL 32716-2207 WSURERSAFFORDMGCOVERAGE Np1C# Nsu~ .Pruitt Corporatiarl ousuR~RA• Lexington In. Co. 501-Wade Street es~B:'Auto-Ohmers Insurance Co, 18988 Winter Springs,: FL 32708 c FaCI Insurance rD• Scottsdale NSIr~ER E. COVERAGES THE POLIgES OF INSURANCE LISTED BELOW HAVE BEHJ ISSUED TO THE NVSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWRHSTANDINO ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESI'ECTTID WHICH THiS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREM IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND. CONDITIONS OF SUCH POUgES. AGGREQATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYF60FWlGJRANC@ PGLkYN1AA0gt POLICYEFFECTIV6 POLJf'YEXPRA7~N LMIR3 ceN~a.LWeartY 0950727 05/26/2007 05/26/2008 Ea~ooaIRRENCE s 1000 X ceImlERCU~I aeNERa. LIABLIiY Daw~E TO RENTED = 50 a~ IMDE ^X occuR e,FD E~ u+re are ve~nl s A PERSONaI. s,oDV INJURY a:. 1000. aaeRa. Aoc~c~-TE s 2.000 GBdLAGGREG4TEL&gTAPPIIESPER: ~ PIZODUC75-GduP~OPAGG S 1000 POLICY ,~ LOC AuraMOel~reluelLmr X aNY afro 4189295900 05/26/2007 05/26/2008 ~~se~LELUrr (Ee acddxal 6 1000 B ALL ONYPEDaJT03 9CFEDLIECaJ10S BODILY INJURY l~F~l i HWED AUrO^a NON-OVVNEDaJriDS BODILY IN~AJRY ~°~~~ i . iPerxader~U _ CARAC&LIABtlflY aJrOONLY-EAACCIDENr >;; nNYarro ~.~ EAACC _ N11+0ONLY: AEG 6 LALW6Y.nY 0990425 05/26/2007 Q5/26/2008 F~4CHOCLZIRRENCE s 4000 X occuR ~ aAensnwoE o~oAiE s 4000' A : i X RETENTION s 10 ~ s; vcG~e~sAnaNArm OOlYYC07A53276 01/01/2007 OL/Ol/20D8 X vt~c ^ o C E~LOY~uneurr PNY PROPRIETTOWPpR7NER/E%ECUTIVE E L. EApi ACCIDENT S 1000 0 ~ EXQUDED9 It EL DISEASE - EAEMPLOY i 1000 yyp~s,, tleSCrfbe urger SPECIALPROVISIDrSbebrr EL. DISEASE-POIJCYLB~AR i 1,000 D n and Marine CPS0837849 05/26/2007 05/26/2008 Leased/Rented Equipment 515,000 Lim1t t500.Deductible GescRpTioNOF o~rAroNSr~ocanoNSrve~aESroaa~usro-~noomsYerrrsPecw.rROVIeoNS City of Sebastian 1225 Main Street Sebastian, FL 32958 sNOULO ANY of THE move o~ POLICES BE CANC9IED BEFORE 711E ExPrtpTtoN GATE TeseoF, THE WAl ENDEAYORTO NAL ~~ GAYS vutnrTar NOTICE T'O THE CERf~k;ATE NDL~x NaYI®TO THE L$T, Bur FAILUR61n ~eAd wcH NanCE sNaL1. q~GSE NO OBLIGATION OR LIABLLrTY OF aNY KYrD UPON THE NSIIRER, R3 AGENTS OR tI'ATIVES. aJ7TIOR~ REPRESEHrATNE • David Maki /TBICIA ~i37•~i ~ ~ ~ ACORD 2S (2001168) cBACORD CORPORATION 1888 ~7 IMPORTANT ff the certificate holder is an ADDITIONAL INSURED, the pdicy(es) must be endorsed. A statement on this cerrtiff'icabe does not confer rights to the certificate holder in lieu of such endorsement(s). ff SUBROGATION IS WAIVED, subject Uo the terms and condr~r'ons of the poficy, cafain policies may require an endorsement A statement on this certificate does not confer rights to the certificate . holder in lieu of such endorsement(s). ~SCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized represerrtative or producer, and the oerdfiraire holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. .~,: ACORD 2.'i (2007/08) ~s RUNWAYS 4-22 AND 8-26 PAPI CONSTRUCTION : SERVICE AGREEMENT 7q $0 TABLE OF CONTENTS CONSTRUCTION SERVICES AGREEMENT SECTION 01000 MOBILIZATION SECTION 01010 SUMMARY OF WORK SECTION 01040 PRJECT COORDINATION SECTION 01060 CONTROL OF EROSION, SILTATION AND POLLUTION SECTION 101095 NPDES PERMIT SECTION 01150 MEASUREMENT AND PAYMENT SECTION 01510 TEMPORARY FACILITIES SECTION 10600 SECTION 01700 CONTRACT CLOSEOUT SECTION 01710 CLEANING AND DISPOSAL SECTION 01720 PROJECT RECORD DOCUMENTS SECTION 01740 WARRANTIES AND BONDS ITEM L-108 UNDERGROUND POWER CABLE FOR AIRPORT ITEM L-109 AIRPORT TRANSFORMER VAULT AND VAULT EQUIPMENT ITEM L-110 AIRPORT UNDERGROUND ELECTRICAL DUCT BANKS AND CONDUITS ITEM L-125 INSTALLATION OF AIRPORT LIGHTING SYSTEMS ATTACHMENTS CONTRACTOR INFORMATION FORM DRUG FREE WORKPLACE FORM PUBLIC ENTITY FORM BID BOND BID SCHEDULE DESIGNATION OF SUBCONTRACTORS FLORIDA TRENCH SAFTY ACT REFERENCES INSURANCE ~~ CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of 2007 by and between the CITY OF. SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and H.L. Pruit Corporation, 501 Wade Street, Winter Springs, Florida, a Florida corporation authorized to do business in the State of Florida, ("Contractor.") WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing airfield signage, lighting and electrical services, and provide other improvements 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 I.0 Employment of Contractor The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion fmds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 Agreement Documents The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Request for Bid Documents, Contract Proposal, Bond Forms, Plans and Technical Specifications, the Grant Agreement, Work Orders, Change Orders, Addenda if ~Z 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 party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 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 Term This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 Definition of Terms 3.1 General Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 Act Of God The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon 2 83 (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 defming in detail the work to be performed. The words Agreement and Contract, are one and the same. 3.5 _ A.S.T.M. Desi ation 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 or PROPOSAL The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE: Bidder shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. 3.8 Bidder An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 _ Chan e Order A written order issued to the Contractor by the City and covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, or adjustments in the Contract Price or Contract Time. 3.10 _ Contract Addendum A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 _ Contractor The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its heirs, executors, 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. sv 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 _ En ineer 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 furnished and of the work performed by the Contractor. 3.16 Laboratory Any licensed and qualified laboratory designated by or acceptable to the Owner to perform necessary testing of materials. 3.17 Owner City of Sebastian 3.18 Performance and Payment Bonds Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein,. for Performance and Payment, each in the amount of 100% of the Contract Amount. 3.19 Plans The official, approved plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 ProQosal The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 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 speci$c 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 85 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 called the Runways 4-22 and 8-26 PAPI Construction Project, 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 II -PERFORMANCE 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, calculated dimensions will govern over scaled dimensions; Technical Specifications shall govern over the general contract provisions, plans, and cited standards or FAA circulars; general contract provisions shall govern over plans, and cited standards or FAA circulars; and plans shall govern over cited standards or FAA circulars. 4.3 _ Discrepancies in Plans Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. The Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise 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. 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 _ Drawin sg 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 fmal 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 fmished 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. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re-testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. 4.7 Shop Drawings e ~7 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 City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Three (3) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return two (2) copies to the Contractor mazked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit three (3) copies to the City. (d) Two (2) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4_8 Quality of 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 furnish to the City a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the Ciry may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL below. The Contractor shall abide by the City's judgment when proposed substitution of materials or items or equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and 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 City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and pazagraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. ~8 Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to 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 City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive 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 City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one 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 City. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. S.0 Materials and Workmanship 5.1 Materials Furnished By the Contractor 8 89 All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. Wherever the specifications call for an item of material or equipment by a manufacturer's name and 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 does 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 of poor 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 fmal 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 9 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 fmds 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 furnished and work performed by him for a period of one (1) year from the date of fmal 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 fmal payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 Construction Staking To Be Performed By Contractor 6.1 Personnel, Equipment and Record Requirements Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, 10 -` 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 furnished 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 construction of all roadway, bridge and miscellaneous items. ez 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 Specific Staking Requirements Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. For bridge construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. 6.6 Payment The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 Coordination with City The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve information provided shall be used by the Contractor's surveyor to establish 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 and electrical cables must be located by the Contractor prior to starting work. The Contractor shall contact the Utilities at least 11 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid price. The Contractor shall be responsible for the repair and/or replacement of 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 City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. City reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another governmental agency, at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the City, such authorized work is indicated on the plans. Except as indicated on the plans or contract documents, the Contractor shall not permit any individual, firm or corporation to excavate or otherwise disturb the utility service or facilities located within the limits of the work without written permission of the Engineer. Should the owner of a utility or facility be authorized to perform construction, reconstruction, or maintenance as per this section, during the progress of the work, the Contractor shall cooperate with such owners in arranging and performing the work in this contract so as to facilitate such construction, reconstruction, or maintenance by others whether or not such work by others is indicated on the drawings. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from the same. 7.0 Progress and Completion of Work 7.1 _ Contractor's Obli ag tion 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, 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. ~~ ~i 3 Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7_2 Start of Construction The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the 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 120 days, subject to any Addenda or Change Orders hereto. 7.4 Schedule of Completion The Contractor's schedules are subject to the approval of the City, which shall .not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be 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 City on the twenty-fifth (2 5th) 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. The City shall hold apre-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. The City shall remove and relocate all traffic control signs as required. 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 q~ 13 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 front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where 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 borne by the Contractor. 7.8 CrossingPublic 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. 7.9 Changes in the Work The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the tone of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall. do such changes in the Work and furnish such materials, labor and equipment as maybe 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 when said Project Manager 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. 14 9~ 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 contractual obligations. 7.12 Liquidated Damages In the event Contractor violates. or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of ($300.00) hundred dollars per day beyond the agreed milestones completion dates. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to 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 PropertX 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. y~ .: 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 Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment 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 fmal 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 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 Traj~c Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. As to air traffic, it is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations area of the airport with respect to its own operations and the operations of all its subcontractors as specified in Paragraph 8.15 below. It is further agreed and understood that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from and upon the airport. With respect to its own operations and the operations of all its subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, as well as any other work area that may be hazardous to the operation of aircraft, fire-rescue equipment or maintenance vehicles at the airport. 8_3 Road Closure and Detours Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including 16 q~ the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre-approved prior to closing. "Street Closed to through Traffic" signs 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 A. Within Public Rights-Of-Wad 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 compiled 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. B. Within Airport Property When the work requires closing an air operations area of the airport or a portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 150/5340- 1F, marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and its parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 1 50/5370-2D, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 1 50/5370-2D. The Contractor shall furnish and erect all 98 barricades, warning signs, and markings for hazards prior to commencing work, which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open-flame type lights shall not be permitted within the air operations areas of the airport. 8.6 Open Trenches The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches 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 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 first 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 fmal acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.1 i Noise Control ~~ q9. 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. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion 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, 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 St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. 8.15 _ Limitation of Operations The Contractor shall control its operations and the operations of its subcontractors and suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct its operations within the Air Operations Area of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an Air Operations Area until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place. When the contract work requires the Contractor to work within an Air Operations Area of the airport on an intermittent basis, the Contractor shall maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the Air Operations Area, and immediately obey all instructions to resume work in the Air Operations Area. Failure to maintain the specified communications or to obey instructions shall be cause for suspensions of the Contractor's operations in the Air Operations Area until the satisfactory conditions are provided. The Air Operations Area that cannot be closed to operating aircraft on a continuous basis, and will therefore only be closed on an intermittent basis, are indicated on the drawings or will be designated by the Engineer. Article III -Supervision and Administration lbo 19 9.0 Engineer, City, Contractor Relations 9.1 _ Engineer's Responsibility and Authority All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the. quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and 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 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. 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 Preliminar,~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 City when work is considered to be complete, in operating condition, and ready for inspection and tests. Further inspection requirements may be designated in the Technical Specifications. The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. f ~ I 20 9_6 Examination of Completed Work The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the fmished 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 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 Interests 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 /off 21 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 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. 9.13 _ Work During an Emergency The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Engineer and City of the emergency as soon as practicable, but he shall not wait for 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 defmitely 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 No night or Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval from City, and then only to such extent as is absolutely necessary to protect life or property. 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. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 Unauthorized Work Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 _ Use Of Completed Portions Of 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 2z X03 Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set-offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 _ Contractor's Responsibility For Work Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising 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 fmal 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 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". / 0'~ 23 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 determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump-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 _ Cit,Ys 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. 10.6 _ Pa~nnent For Rejected Work And Materials 24 X05 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 maybe 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. C. Differing Site Conditions Contractor shall promptly, and before such conditions are disturbed, notify City in writing of: 1. Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement and its subparts; or /off Zs 2. Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in the work of the character provided for in this Agreement. If City finds that conditions materially differ and will cause an increase or decrease in the Contractor's cost or the time required to perform any part of the work under this Agreement, whether or not changed as a result of such conditions, the City shall approve an equitable adjustment and will according modify the Agreement in writing. Any claim for an equitable adjustment of the. contract price based upon differing site conditions is specifically conditioned upon prior written approval of the additional compensation by City. No claim of the Contractor under this clause shall be allowed unless the Contractor has .given the notice required herein. Further, no claim by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Agreement. 10.8 _ Canceled Items Of Work The City shall have the 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 10..4. 10..10 _ PaYrnent 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 z6 ~ D1 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 merit 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) 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 Pam 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. 1I.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 l DA 27 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 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. Further, Contractor shall fully comply with the Federal Lobbying Disclosure Act of 1995. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any Agreement, the undersigned shall complete and submit the attached Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. Any and all subcontracts executed by Contractor for the Work hereunder shall likewise certify and disclose accordingly 11.4 Interest Of Contractor The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any 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. 28 coq 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 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 $5,000,000. (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 additional insured parties, prior to the start of construction as provided in the Contract. 11.9_ Bond The Contractor shall provide bonds issued by companies holding certificates of authority as acceptable sureties in the form prescribed by State Law, and generally as shown in these old 29 Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 Permits All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations. Contractor shall secure a building permit if required by the City's Building Official. 11.11 _ Laws To Be Observed The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising 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 acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Contractor shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the .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. 11.12 Debarment And Suspension In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Contractor shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction without prior written approval of the City. Upon execution of this Agreement by the Contractor, the Contractor shall complete sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Federally Funded Transactions" attached hereto, and shall include the language of this Paragraph and the attached form in all subcontracts executed to support the Contractor's work under this Agreement. 30 iii 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 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 maybe 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. ~~Z 31 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: Bv: Name: Sally A. Maio, CMC Title: City Clerk ( SEAL ) THE CITY OF SEBASTIAN By: Name: Al Minner, City Manager Title: City Manager Approved as to Form and Content for Reliance by the City of Sebastian Only. Richard Stringer, City Attorney 32 X13 /~~ 51E~IEN~i Submittal Sebastian Municipal Airport, FL PAPI Construction FDOT 412374-1-94-01 Prepared for H. L. Pruitt Corporation :Siemens Airfield Solutions Siemens Airfield Solutions PREPARED BY: ALLEN ENTERPRISES, INC. P.O. BOX 560384 ORLANDO, FL 32856 800-662-2177 Copyright ©2000 Siemens Airfield Solutions Incorporated. All Rights Reserved ~~T ~G ~f"~`~ /!5 ~~~~~~~ L-880 & L-881 Precision Approach Path Indicator ~PAPI~ Compliance with Standards Ordering Code Style A 44A4733-XXXX FAA: L-880 & L-881 AC 15015345-28 (Current Edition) Styre' ETL Certified 1 = L-8$0 {4 Box) ' ICAO: Annex 14, Vol. 1, para. 5.3.5.23 to 5.3.5.45 = G881 (2 Box) NATO: STANAG 3316 ~`~ L~~1 ~: ~ r •~ ~~ s® Q G-14 Heatecand lnterlockOptions* Uses 1~-1NithNeaterandwithlnterlockRelay The PAPI system uses either 2-light channel or 3-light z - Wrth NPate.r and without Interlock Relay ~__ 3 ~ Wifh'out Heater and with Interfoctf Relay channel units, which offer the pilot information to carr ~4=Without Heater and without Ihte~ioCk Relay out the approach procedure with the utmost accuracy and safety. Camp f =3,Lamp OpticaCBox ted~ li ht it l i t f f 880 PAPI h L e ' g un s oca system cons s s o our T e - 2 =~ ox ~amp Optical the side of the runway adjacent to the origin of the glide path. The nominal-glide slope angle is midway between~~ Legs.:' the angular settings of the central pair of the four units. It~ ~ =Three Legs an aircraft is on the correct approach path, the pilot will z ~ Four Ceps see two red and two white light indicators. If the aircraft approach is too high, an increased number of white light Ordering Code Style B 44A5g60-2XXX- indicators will be seen. If the approach is too low, the Power I i pilot will note an increased number of red light indicators. ? = Style B (Current Ro~ti~ered) The L-881 PAPI system is identical to the L-880, except Style only two light units (instead of four) are used. The 1 = L 880.(4 Box) nominal glide slope is midway between the angular ? _ d-881 (~ Box> settings of the two units, arid when the pilot is on or close to the correct approach path, the unit nearest the ,imp ~` runway will be seen as red and the other unit as white. ~ :~-~-Carnp Optical. Box _ 2=3-Lamp Optical Box The Style A system is for use with either a 220 or 240V AC input voltage. The Style B system is for use on 6.6 or 20A series circuits. A tilt switch assembly is provided on each PAPI unit to de-energize the system in the case that the optical pattern of any light unit is raised between 0.5° and 1.0° or lowered between 0.25° and 0.5° with respect to the setting angle of the unit. Notes.-' BachPAPI systemrequires a digital aiming device la t, which is ordered separately. Interfock Relay Option provides ONIOFF control through cyrrentsensing of the runwayseriescircuit during nighttime operations makes a sharp transition from white to red (never ex- ceeding three minutes of arc over the full beam wi hc~) Digital Aiming Device Kit • ICAO chromaticity conformity is maintained over the L-880 or L-881 whole width of the red beam Legs 1 Three Legs ~- Four Legs Features • The use of two lenses in tandem in each light channel • For Style A systems, a photoelectric control on the master control cabinet automatically provides full intensity during the day and a reduced intensity (5°~ or 20°k of full intensity) at night. A circuit breaker is ;~ provided to permit de-energization of the input power for field maintenance. • Available in 2-lamp or 3-lamp configurations 1020 Rev. J e Manual No.96A0209(StyleA) [/ 96A0236 (Style B) ?4A5031 Features (Continued) • Lenses protected from sandblast by a hardened front glass shield • Long-life tungsten halogen lamps are 200W PK30d with a rated life of 1,000 hours at 6.6A • Easy to use digital aiming device Features (Continued) Features (Continued) • Easy installation and leveling using setting jig and Fixture uses a black light box with an international aiming device orange cover and stainless steel hardware • Interlock Relay Option available for Style A Electrical Supply • Only one PAPI box assembly is used on either a Style A 5tyleA or Style B system, minimizing spare part requirements .-T • An unique PC board inside the PAPI box indicates if it is Input Voltage Input Voltage 22oVAC±10% 240VAC±10% tilted or not, minimizing maintenance troubleshooting (VA max.) (yAmax.) time Without With Without With • Available in 3-leg or 4-leg configuration heater heater heater heater • Reduced cabling between PAPI boxes L-880(4-box) 1,675 1,694 1,675 1,699 • Reduced maintenance. The unit is fully gasketed and 2-lampsloptical box remains clean inside. Lamp and filter replacement does L-880 (4-box) 2,475 2,495 2,475 2,499 not require any tools. ~ 3-lampsloptical box • Condensation water is drained away through wire ~ 881 (2-box) 875 896 s75 900 2-lampsloptical box gauze covered drain holes L-881 (2-box) 1,275 1,296 1,275 1,299 • No water can accumulate on the cover, so reflections 3-lampsloptical box that could constitute a false optical signal are eliminated Style B • Corrosion-resistant aluminum, stainless steel hardware, Two Lamp - 6.6A through one 500W isolation transformer and optical glass are used in the assembly L-880 (4-Box) -Total CCR Load: 1960VA maximum • Meets both Class I and II temperature ranges: L-881 (2-Box) -Total CCR Load: 980VA maximum - Class I system operates down to -35°C Three Lamp - 6.6A through one 500W and one 200W - Class II system operates down to -55°C isolation transformer .,~,~« s o-nt « +xs E (1.x.!.1 ~~...__ .:~. ~_.. A [ C1 6ngU'. ~E I ~ { 4c +n it ,cre ~ ~ ~ { E~ eery?~§ ~ - } ROJ MIV ---~~ 4` t:3tOm~ KcN PAPI A or PAPI B FIG. 1 c win a -<;,.~, 77 > . P _..-~ - ~.~5 ~ - :h ~~' ` --- ~_--P}.~---_ _ ..~i ,.- .__ .-_ .,-, ..._.-~ ~:j PAPI A or PAPI B FIG. 2 L-880 (4-Box) -Total CCR Load: 3160VA maximum L-881 (2-Box) -Total CCR Load: 1580VA maximum ( 3 LCa ~.~~..~ f i ~._ ~--- i ~ ~~ -- -- .... na~M J l;CdiT Y i v N PAPI A or PAPI B FIG. 3 mv~eax I,~~,.,q.p r# GNf I i a F~{.f XI9LL LElYA27T P Elf. a.KFE6 L^~ '6 GLl.SiIN, ~ ~ ': -M3R11f.Wi ,~ etAN6C ~$~•~~ ~ pN~`i2[~31(ks ii A4p ~311p Ba§[Rt,taTF rr_...„. _q~. i~la _567 IG i $~ „....,.... ~ ,~ 8}1. T0.N SF(Fl~~ ~ A 1 ~ a g + *PtPE ~ $ 2 ca i ~d Cd7NCAIL7C SIAi a °v F' ~~ aba0 SdH~ CISC~nni'IfFN •.. PAPI B FIG. 4 1020 Rev. J C ~ ~ Manual No.96A0209(StyleA) 96A0236 (Style B) D G-15 Field Splice Kits* Part No . 94A0235-1 Style A - 4-box wlout interlock option 2 or 3 lamp Qty. Description 4 Frangible coupling 6 6-pin female plug 4 1-inch (2.54 cm) cable clamp 15 Field splice heat shrink kit 6 inches (15.2 cm) long ~r,,,~~ 30 Butt splices for wire !!~ Part No . 94A0235-2 Style A - 2-box wlout interlock option 2 or 3 lamp Qty. Description 4 Frangible coupling 6 6-pin female plug 4 1-inch (2.54 cm) cable clamp 15 Field splice heat shrink kit 6 inches (15.2 cm) long 30 Butt splices for wire Part No. 94A0235-3 ' Style A - 4-box with interlock option 2 or 3 lamp Qty. Description 4 Frangible coupling 6 6-pin female plug •tser 4 1-inch (2.54 cm) cable clamp 15 Field splice heat shrink kit 6 inches (15.2 cm) long 1 Connector secondary plug kit 30 Butt splices for wire Part No.94A0235-4 Style A - 2-box with interlock option 2 or 3 lamp * ® Qty. Description 4 Frangible coupling 6 6-pin female plug 4 1-inch (2.54 cm) cable clamp 15 Field splice heat shrink kit 6 inches (15.2 cm) long 1 Connector secondary plug kit 30 Butt splices for wire Part No. 94A0255-1 Style B - 2 lamp, 2- or 4-box Qty. Description 1 Frangible coupling 1 1 Cable clamp Wire harness, 44A5913-1 2 Butt splices 1 Heat shrink tubes ' 1 Plug adapter I Part No. 94A0255-2 Style B - 3 lamp, 2- or 4-box Qty. Description 1 Frangible coupling 1 Cable clamp 1 Wire harness, 44A5913-2 2 Butt splices 1 Heat shrink tubes 1 Plug adapter * One for each optical assembly. Included with PAPI System. ` 10ZORev.J G - 1 6 Manual No. 96A0209 (Style A) 96A0236 (Style B) Spare Components Description Part No. Filter, Red 1438.12.220 Frangible Coupling 2" EMT 4480180 Frangible Coupling 2" Threaded One End 62A0711 Gasket, Optical Assembly (2-lamp unit) 63A0672 Gasket, Optical Assembly (3-lamp unit) 4071.41.550 Glass, Protective Shield Q-lamp unit) 63A0984 Glass, Protective Shield (3-lamp unit) 63A0671-1 Lamp, 200W, 6.6A, with female leads* 48A0077-1 Lamp driverltilt sensing PCB (2-lamp and 44A5857 3-lamp) LC Control Board, PAPI A Only 44D1475-3 Leg Assembly 44C23625 Master Box, 240V, 4 Box, PAPI A Only 44A47341210 Master Box, 240V, 2 Box, PAPI A Only 44A4734-2210 Optical Box, 2-Lamp- 44A5861-1 Optical Box; 3-Lamp 44A5861-2 SCR Block, 95A, PAPI A Only 28A0011 Shorting Device PCB, 6.6A 44D4538 Spare Lamp Kit* 94A0337 Tilt Switch Assembly, PAPI A Only 44A5863-2 (w/o heater) Tilt Switch Assembly, PAPI A Only 44A5863-1 (with heater) Tilt Switch Assembly, PAPI B Only 44A5863 * For installations before May 2002. Spare Lamp Kit includes lamp and disconnects to convert power leads so lamp 48A0077-1 can be installed. Precision Approach Path Indicators installed prior to June 1998 have some different spare parts and optional features. Please contact the SAS Sales Department for this information. Packaging 2-Lamp 3-Lamp Net weight: 441b (20 kg) 90 Ib (41 kg) In cardboard box: 25.6 x 13 x 40.2 in 35.8 x 15.6 x 39.8 in 65x33x102cm 91 x39x101 cm Gross weight: 461b (21 kg) 103 Ib (47 kg) L-880 Master Box: 20 x 24 x 8 in 20 x 24 x 8 in 50.8x61x20.3cm 50.8 x61 x20.3 cm Gross weight: 65 Ib (29.5 kg) 65 Ib (29.5 kg) L-881 Master Box: 20 x 24 x 8 in 20 x 24 x 8 in 50.8x61 x20.3cm 50.8x61 x20.3cm Gross weight: 25 Ib (11.3 kg) 25 Ib (11.3 kg) Note: Quantity of anchoring legs or adjustable frangible legs affects packaging data. The information contained in this document is subject to change without notice. Siemens reserves the right to make changes and improvements to its products and assumes no responsibiliryformaking these modifications on any equipment previously sold. Siemens Airfield Solutions, inc. Telephone: 614-861-1304 977 Gahanna Parkway Fax: 614-864-2069 Columbus, OH 43230 www.usa.siemens.comlairfield-solutions L-8Z3 Airfield Runway Lighting Cord Set and Connector Kit Compliance with Standards FAA: L-823 AC 15015345-26 (Current Edition) Uses L-823 plugs and receptacles (cable connectors) are used for underground cable connections, isolation transformer leads, and airport light fixture leads. Features • The voltage drop across the contacts of a connected plug and receptacle does not exceed 7.5 millivolts for primary connectors nor 6.0 millivolts for secondary connectors • Sockets are slotted and spring-loaded to insure good electrical contact • Pins and sockets are made of both copper and brass and are tin-plated for corrosion resistance • Mated plug and receptacle connectors provide a watertight seal • Field-attached connector kits are resistant to direct sunlight and ozone • Sockets are an annealed sleeve-type spring, which protects the socket slots from filling with insulation compound during molding • Pins and sockets designed for field assembly connec- tors have provisions for crimping to the cable conduc- tors at the job site • Manufactured by various ETL-Certified sources Operating Conditions Temperature Range: -67°F to+149°F Resistant to: Deicing fluids, jet fuel, rain, snow, ice, and standing water and can be buried in the earth L-823 Cord Set L-823 cord sets are used for secondary cable extensions and transformer interconnection cable assemblies. The standard cord set consists of the L-823 plug (Style 1) with molded-on 2CIAWG 16 wire (31-inches long from interface of plug to end of wire). Other lengths and AWGs are available by special order. Primary Connector Kit The primary cable connector kit is designed to provide a separable water-resistant connection between: 1) anon- screened primary airfield cable (5kV or less) and an FAA L- 830 isolation transformer or 2) in anon-screened primary series circuit cable. One kit is required for each cable splice or transformer installation. Each kit conforms to FAA L-823 Style 3 plug and Style 10 receptacle with crimp-on pin and socket contacts. Each receptacle is equipped with a disposable sleeve fitted into the receptacle's water seal to catch surplus silicone compound during assembly. Each socket is equipped with a disposable pin fitted. tightly into the pin end of the socket to prevent entry of silicone compound during assembly and provide a visual indication of proper socket position after assembly. An adequate amount of silicone insulating compound is furnished with each connector to insure all internal voids are filled during connector assembly. ~~~tlfltr L-823 Plug, Style 3 and Pin ._ __ ~:~ I ~,~ L-823 Receptacle, Style 10 and Socket ~ ,:. Secondary Connector Kit Connector assemblies are composed of two parts: an insert assembly and a housing. When plug and receptacle assemblies are assembled, they provide a watertight seal to prevent moisture from entering the housing. 1031 Rev. H No Manual ~~ fD ~ J-1 - ~, i O v C O V o?~ ra V Secondary Connector Kit (Continued) { The Style 4 plug connector kit is designed to terminate individual secondary wires. The Style 5 kit is designed to °~ terminate non-shielded secondary cables. The plug connector kit contains a plug housing with acrimp-on plug insert that mates to a Style 7, 8, 11, or 12 receptacle. The Style 11 receptacle connector kit is designed to terminate individual secondary wires. The Style 12 kit is designed to terminate non-shielded secondary cables. The receptacle connector kit contains a receptacle housing and crimp-ori receptacle insert that mate with a Style 1 4 5 or 6 plug connector Plug Insertand Housing Housing and Receptacle Insert Ordering Code: Cord/Extension Cord Sets Description Part No. 1612 Cord with one Plug, Type II, 73A0107-48 Ordering Code: COrd Set Class A, Style 1, 4-foot length (121.92 cm) 1612 Cord with one Plug, Type II, 73A0107-72 Description Part No. Class A, Style 1, 6-foot length (182.88 cm) Style 1 plug, 16 AWG 1612 Cord, one Receptacle, Type II, Class A, 73A0109-8 31-inch (78.74 cm) without terminals 73A0009-31 Style 8, one Plug, Type II, Class A, Style 1, 8-foot 31 inches from interface of L-823 plug to end length (243.84 cm) Receptacle to be connected of wire. Contact the Siemens ~4irfield Solutions to plug on standard 31-inch L-823 cord set. Sales Department for other lengths and wire 1612 Cord, one Receptacle, Type II, Class A, 73A0109-6 sizes available by special order, Style 8, one Plug, Type II, Class A, Style 1, 6-foot 31-inch with fork terminal - #6 stud size 44A1707 length (182.88 cm) Receptacle to be connected Specify length when ordering. to plug on standard 31-inch L-823 cord set. 31-inch with female disconnect 44A1701 1612 Cord, one Receptacle, Type II, Class A, 73A0108-8 Specify length when ordering. Style 7, orie Plug, Type II, Class A, Style 1, 8-foot --- - length (243.84 cm) Receptacle may be connected Ordering Code: Primary Connector Kit to plug on 73A0107-X or 73A0109-8 cord set. 1612 Cord, one Receptacle, Type II, Class A, 73A0108-6 Wire Size Style 7, one Plug, Type il, Class A, Style 1, 6-foot Cable Diameter Concentric length (182.88 cm) Receptacle may be connected (Insulation OD) Stranded Solid to plug on 73A0107-X or 73A0109-8 cord set. in (cm) AWG AWG Part No. Includes both Style 3 plug and Styl 1 receptacle ~,~pctrical 0.320-0.430(0.813-1.092) 8~ 6 70A0012`-_ 0.320-0.430 (0.813-1.092) 6 4 70A0014 Insulation Rating: Primary Kits-5kV 0.420-0.585 (1.067-1.486) 8 6 70A0017 Secondary Kits-600V 0.575-0.785 (1_461-1.994) __6• -__ _ 4 70A0019 Electrical Connector Rating: Primary Kits-25A Secondary Kits-20A Ordering Code: Secondary Connector Kit ___._ wire size Packaging Cable Diameter Concentric Description Weight (Insulation OD) Stranded Solid in (cm) AWG AWG Part No. primary Connector Kit 0.46 Ib 0.209 kg Secondary Connector Kit 0.12 Ib 0.054 kg Style 4 plug for terminating two individual conductors L-823 Cord Set 0.18 Ib 0.082 kg 0.120-0.160 (0.305-0.406) 10-12 8-10 70A0055 ----- ------- - --- 0.155-0.205 (0.394-0.521) 10-12 8-10 70A0045 Installation 0.195-0.260 (0.495-0.660) 10-12 8-10 70A0044 . Style 11 receptacle for terminating two individual conductors Installation instructions are furnished with each field- 0.155-0.205 (0.394-0.521) 10-12 8-10 70A0046 attachable plug and receptacle. 0.195-0.260 (0.495-0.660) 10-12 8-10 70A0041 0.155-0.205 (0.394-0.521) 14-16 12-14 70A0049 Style 5 plug for terminating two conductors in a cable 0.420-0.585 (1.067-1.486) 14-16 12-14 70A0040 0.420-0.585 (1.067-1.486) 10-12 8-10 70A0047 Style 12 receptacle for terminating two conductors in a cable 0.420-0.585 (1.067-1.486) 10-12 8-10 70A0048 The information contained in this document is subject to change without notice. Siemens reserves the right to make changes and improvements to its products and assumes no responsibility for making these modifications on any equipment previously sold. 1031 Rev. H J - 2 No Manual ~ 2~ L-823 Cord Set ~~...._... : ~, ~ µ: II Secondary i .Secondary ' ~'; ~~,.. - ~ -Secondary Plug ~ {Receptacle ._ :. .. I i .~ a~W:, ~ '` Pnmary * Primary ~ - ~ ~~`, C"~T; Field Cable e;c~~, Isolation E E E ~ t Transformer -r*- , Primary Connector Kit Siemens Airfield Solutions, Inc. Telephone: 614861-1304 977 Gahanna Parkway Fax: 614-864-2069 Columbus, OH 43230 www.usa.siemens.comfairfield-solutions ~~ ~~ ~~ Heat Shrinkable Airfield Lighting Kit Compliance with Standards UL: UL-15 Sealant Coated Uses Provides environmental sealing protection for the FAA L-823 style primary plug and receptacle connector used in the wiring of airfield lighting circuits. Features • Mechanical Protection -The high impact and abrasion resistance of SAS's Airfield Lighting Kit Sleeving provides excellent mechanical protection • Environmental Seal - SAS's Airfield Lighting Kits (with sealant) are coated internally with adual-purpose thermoplastic liner. When heated, the liner will encapsulate the connectorlcable termination, providing the mechanical strength of a superior adhesive with the environmental sealing capability and corrosion protection of ahigh-quality mastic. • Easy Installation -When heated above 275°F (135°C), the Airfield Lighting Kit Sleeving shrinks rapidly to seal and encapsulate electrical connections, providing a fast, simple and clean insulation system that can also be easily removed. Heat indicator linesdis- appearwhen the kits have been adequately heat recovered, preventing overheating or scorching during installation. Airfield Lighting Kits can be installed at temperatures as low as -104°F (-75,6°C). Features (Continued) • Permanent Environmental Seal -Provides protec- tion against water intrusion, abrasion damage, and accidental disconnection and added strain relief for the connectorlcabie assembly. The kit installs in minutes, providing a permanent environmental seal. • Easily Removed Waterproof Seal - SA5's (UL-15) sealant-coated, 16-inch Tong heat shrink tubing has sealant coating the entire length of the tube (Part No. 71A0070). Blue thermochromatic heat indicator lines are also provided for ease of installation. Heat shrink tubing can also be supplied with three inches of sealant applied internally on each end of the sleeve (Part No. 71A0052). This allows for easy removal in the event of connector maintenance while providing a complete waterproof seal between cable and sleeve. Packaging In Cardboard Box: 3 x 18 x 3 in (7.6 x 45.7 x 7.6 cm) Net Weight: 1.0 Ib (0.46 kg) Ordering Code Airfield Expanded Internal Recovered Internal Recovered Wall Sealant Length Lighting Kit Diameter (Min.) Diameter (Max.) Thickness (Nominal) Sleeve length In Tubing Part Number in (cm) in (cm) in (cm) in (cm) 71A0070 1.5 (3.81) 0.375 (0.95) 0.126 (0.32) 16 (40.64) Entire length 71 A0052* 1.5 (3.81) 0.375 (0.95) 0.126 (0.32) 16 (40.64) Three inches Notes • Custom-sized kits are available from the factory upon request. * Special Order !2( 1225 Rev. E No Manual J-3 Installation Prepare Cable 1. Wipe loose dirt and debris from cable. 2. Slide sleeve over cable before making electrical connection. 3. Mate connector sections per manufacturer's instructions. 4. Thoroughly clean all dirt and debris from the cable and connector for the entire length of the sleeve. Apply Heat Shrinkable Sleeve 1. Preheat cable jacket. 2. Center sleeve over connector. 3: Begin shrinking at center, working toward both ends. A torch that produces a long, broad flame will blanket the sleeve with heat and shrink it quickly. Avoid using small concentrated flames. It is important that the heat shrink is not burned by the flame. A heat gun is the preferred heating method. The minimum shrink temperature is 275°F (135°C). Use aback-and-forth motion of the torch (see Figure 1). 4. Continue heating until shrinking is complete. Visual inspection indicates a smooth, tight fit and melted dh i l d f h i d a es velsea ant squeeze rom t e en s (see F gure 2). tt ~~ V S. Allow the heat shrink to cool before moving it. ~' , 3 1225 Rev. E J - 4 No Manual 1ZZ .... I ~` Main Illustration Figure 1 The information contained in this document is subject to change without notice. Siemens reserves the right [o make changes and improvements to its products and assumes no responsibility for making these modifications on any equipment previouslysold. Siemens Airfield Solutions, Inc. 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Submittal by: City Manager Agenda No. ©7 . ~ (0 7 Department Qrigin: Human Resources Finance Director: U ~~~.~ ~- City Attorney: __ City Clerk: '' Date Submitted: August 22, 2007 ~ G ~ For Agenda of: September 12, 2007 ~ Exhibits: • Tentative Collective Bargaining Agreement dated July 19, 2007 • Resolution 07-40. EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: Included in 2007-2008 REQUIRED: N/A Proposed Annual Budget N/A SUMMARY Attached for your review is the tentative Collective Bargaining Agreement between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc., dated July 19~', 2007, the proposed contract is in a legislative format which highlights the changes from the old agreement to the new, i.e. underline for additions and s~il~g#-for deletions. The Sebastian Police Officers overwhelmingly approved the tentative bargaining agreement 31 to 3 on September 21, 2007. As you know, management and the CFPBA representatives were able to work together and prepare a fair offer to all parties. We respectfully request your approval. RECOMMENDED ACTION Move to adopt Resolution No. R-07-40. ~2~ IZ8 COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION 1660 Tomoka Farms Road • Port Orange, Florida 32128 (386) 258-7579 • 1-800-625-5451 Affiliated with IBPO/SEIU, Loca15000 930,' 262~ ZS ~ tiy ~~ `N ~"j W ~' ~ N ~'C~~~~t~'G~ W ' Q ~ 1~~ ~°ae3R$e" ~ ~' Olti August 27, 2007 ~,~ CE+ ~ ~, o ~ ` e~sc 5~ ~~ ~~Z~~ Mr. Al Minner City Manager City of Sebastian 1225 Main Street Sebastian, Fl 32958 Via: Facsimile Transmission (772) 581-0149 and U.S. Mail Dear Mr. Minner: Pursuant~to a contract vote taken over a period from August 16, 2007 through August 21, 2007, by the members of the Coastal Florida Police Benevolent Association, Inc., Collective Bargaining Unit of the City of Sebastian, I am pleased to announce that the contract was overwhelmingly ratified. It was a pleasure negotiating with the City of Sebastian, and I look forward to a continued positive relationship with the City. S' erely, Anthony Val' enti Staff Representative C: Vincent L. Champion, President Nate Ingram, Executive Director CFPBA Steve Marcinik, PBA Unit Rep. 1 Z~ 130 RESOLUTION NO. R-07-40 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BARGAINING UNIT OF THE COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION, INC. (CFPBA) AND THE CITY OF SEBASTIAN FOR THE PERIOD OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Coastal .Florida Police Benevolent Association, Inc. (CFPBA) is certified with the Florida Public Employees Relations Commission as the Bargaining Unit for certain employees of the City of Sebastian; and WHEREAS, the City of Sebastian and the CFPBA Bargaining Unit have negotiated a new agreement supplanting and superceding the prior agreement and covering the period from October 1, 2007 through September 30, 2010; and WHEREAS, the CFPBA Bargaining Unit has voted in favor of ratifying said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. AUTHORIZATION. The City Council hereby authorizes the City Manager to execute the attached Collective Bargaining Agreement between the City of Sebastian and the Coastal Florida Police Benevolent Association, Inc. as the employment agreement for the bargaining unit employees for the period from October 1, 2007 through September 30, 2010. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption. It was moved for adoption by Councilmember The motion was seconded by Councilmember put to a vote, the vote was as follows: Mayor Andrea Coy Vice Mayor Sal Neglia Councilmember Al Paternoster Councilmember Dale Simchick Councilmember Eugene Wolff and, upon being l3( The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of September 2007. CITY OF SEBASTIAN, FLORIDA By: Mayor Andrea Coy ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Rich Stringer, City Attorney X32 COLLECTIVE BARGAINING AGREEMENT Between crrr o~~ ~~s°~~: HQME OF PELICAI~C ISI~iVtS THE CITY OF SEBASTIAN, FLORIDA And Contract Term From: October 1, 2007 to September 30, 2010 I33 l34 TABLE OF CONTENTS Pa¢e No. AGREEMENT ............................................................................................................ 4 PREAMBLE ............................................................................................................... 4 CHAPTER I -RECOGNITION Article 1 Recognition ............................................................................................ 4 Article 2 Organizational Survey ............................................................................ 5 Article 3 No Strike or. Lockout .............................................................................. 5 Article 4 Non-Discrimination ................................................................................ 6 Article 5 Dues Deductions ..................................................................................... 6 Article 6 Equal Employment Opportunity/Affirmative Action ............................... 7 Article 7 Labor Management Communications ...................................................... 8 Article 8 P.B.A. Representation ............................................................................. 8 Article 9 Bulletin Board ........................................................................:............... 8 Article 10 Personnel Records .................................................................................. 9 Article 11 Rights of Law Enforcement Officers While Under Investigation ............. 10 Article 12 Legal Benefit .......................................................................................... 13 CHAPTER II - MANAGEMENT RIGHTS Article 13 Management Rights ................................................................................ 14 Article 14 Discipline and Discharge ..................:..................................................... 15 CHAPTER IQ -RATES OF PAY Article 15 Rates of Pay ............................................................................................. 15 Article 16 Temporary Assignment ........................................................................... 16 Article 17 Assignment Pay ...................................................................................... 17 Article 18 Injury Pay and Light Duty Assignments .................................................. 17 Article 19 Call-Back Pay ......................................................................................... 18 Article 20 On-Call Pay ............................................................................................ 18 Article 21 Court Appearances ..................................................................:............... 18 Article 22 Bereavement Leave ................................................................................ 19 Article 23 Military Leave ........................................................................................ 19 Article 24 Jury Duty ................................................................................................ 20 Article 25 Voting Time/Political Activity ................................................................ 20 Article 26 Longevity Pay ......................................................................................... 20 CHAPTER IV -HOURS OF WORK/OVERTIlVIE Article 27 Basic Workweek and Overtime ............................................................... 21 Article 28 Holidays ................................................................................................. 22 CHAPTER V -SENIORITY Article 29 Seniority ...............:................................................................................. 22 Tentative Agreement between the,City of Sebastian_and CFPBA July.19,_2007 ii Deleted: CFPBA Proposal to City July lo. zoos t35 Article 30 Layoff and Recall ......................................:............................................ 23 Article 31 Promotional Examinations ...................................................................... 24 Article 32 Probationary Personnel ........................................................................... 25 CHAPTER VI -LEAVES Article 33 Vacation Leave ....................................................................................... 25 Article 34 Sick Leave ...........................:.................................................................. 27 Article 35 Personal Leave ....................................................................................... 29 Article 36 Leave of Absence ................................................................................... 29 CHAPTER VII -GRIEVANCE PROCEDURE Article 37 Grievance Procedure ............................................................................... 30 Article 38 Arbitration .............................................................................................. 32 Article 39 Performance Rating Review ..................................................:................ 33 CHAPTER VIII -HEALTH CARE Article 40 Group Health Insurance .......................................................................... 33 CHAPTER IX -GENERAL Article 41 Clothing Maintenance, Equipment and Vehicles ..................................... 34 Article 42 Tuition Payment Plan .............................................................................. 35 Article 43 Health and Safety .................................................................................... 36 Article 44 Training .................................................................................................. 36 Article 45 Off-Duty Employment ........................................................................... 37 Article 46 Substance Abuse Testing ........................................................................ 37 Article 47 Savings Clause ...........: ........................................................................:.. 37 Article 48 Duration of Agreement, Dates ................................................................ 38 SIGNATURE PAGE .................................................................................................. 38 APPENDICES: FY 2007-PAY RANGE ............................................................................................. Al -------------------------------------------------------------------------------------------------------------------------------A3 FY 20Q~ PAY RANGE .......................................................................... ----------------------------------------------------------------------------------------------------------------------------------- FY 2009 PAY RANGE ..............................................................:........... Tentative A Bement between the. Ci of Sebastian and CFPBA July 19, 2007 iii g'' ~----- ~---~---------------------------------------------------- -- ---------------- -------------------------------------- l 3!~ oe~ersd: a J Deleted: 5 Deleted: 6 Deleted: CFPBA Proposal to City July 10, 2007 AGREEMENT Section 1. This Collective Bargaining Agreement ("Agreement") is entered into by and between the City of Sebastian, Florida, ("City" or the "Employer"), and the Coastal Florida Police Benevolent Association, Inc., ("P.B.A."). It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relationships between the parties hereto; to provide an orderly, prompt, and peaceful means of resolving disputes involving interpretation or application of this Agreement; and to set forth herein basic and full agreement between the parties concerning wages, hours, and terms and conditions of employment. Section 2. Upon the effective date of this Agreement it shall supersede and supplant that certain Agreement between the City and P.B.A. dated October 1, 2001 and any supplemental agreements, thereto or thereunder. Section 3. Throughout this Agreement, masculine gender pronouns shall be read to include feminine gender where appropriate. PREAMBLE Whereas, the intent and purpose of this Agreement is to maintain and further harmonious and cooperative labor management relations upon a constructive and sound foundation; and Whereas, the cornerstone of this foundation is the mutual acceptance and recognition of the rights and obligations of both parties, in order that the joint responsibilities of the public employer and public employee to represent the public be fulfilled and the order and uninterrupted functions of government be assured; and Whereas, the City is engaged in furnishing essential public services vital to the health, safety, protection, comfort, and general well-being of the public, and both parties hereto recognize the need for continuous and reliable service to the public', and Whereas, both the City and its employees have a high degree of responsibility to the public and recognize the need for continuous and reliable service to the public; and Whereas, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; Now therefore, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason thereof, said parties hereby agree as follows: ARTICLE 1 RECOGNITION 1.1: The City of Sebastian hereby recognizes the Coastal Florida Police Benevolent Association, Inc., P.B.A. as the exclusive Bargaining Agent for purposes of collective bargaining with respect to wages, hours and other terms and conditions of employment for all employees in the Bargaining Unit. ~e~eted: cr-rJ3A rroposal to City J>ily 10, 2007 Tentative Agreement between the City of Sebastian and CFPBA July 19.2007 .~ ' , 4 X37 1.2: The Bargaining Unit for which this recognition is accorded is as defined in Certification Number 1108 granted by the Public Employees Relations Commission on October 3, 1995, comprised of all full-time permanent Police Officers and Police Sergeants of the City of Sebastian.. Excluded are Police Chief; Police Captains, and Police Lieutenants, Reserve or Auxiliary Police of all ranks, managerial, supervisory, or confidential and all other City employees, as well as, any unclassified employees yet to exist, except those identified above. 1.3: The P.B.A. recognizes the City Manager or representative as the sole representative for the purpose of collective bargaining. ARTICLE 2 ORGAI~TIZATIONAL SURVEY 2.1: The P.B.A. agrees that the City may conduct from time to time organizational climate surveys of members of the bargaining unit. The purpose of such surveys is to improve the organizational culture and climate of the various work units and to assist management in providing a more positive work environment for employees. 2.2: Prior to and upon completion of survey activity, the City agrees to meet and confer with the duly elected P.B.A. stewards to discuss survey content. 2.3: The surveys shall not include any reference to the P.B.A. organization or its representatives. ARTICLE 3 NO STRII~ OR LOCK OUT 3.1: Strike, as used in this agreement, shall mean the concerted failure of employees to report for duty; the concerted absence of employees from their positions; the concerted stoppage of work by employees; the concerted submission of resignations of employees; the concerted abstinence, in whole or in part, by any group of employees from the full and faithful performance of their duties of employment with the Employer for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges or obligations of public employment, or participating in a deliberate and concerted course of conduct which adversely affects the services of the Employer; the concerted failure of employees to report to work after expiration of a collective bargaining agreement. 3.2: The PBA recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, Florida Statutes, in the event of a strike in violation of this Article. 3.3: Members of the P.B.A. shall not engage in any walkout, strike, sit-down, or other interference with or interruption of police services during the term of this Agreement. The PBA recognizes that strikes by public employees are prohibited by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The PBA agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 1, above and to take all affirmative actions legally available to prevent or terminate any strike that occurs in contravention of this commitment. [Deleted: CFPBA Proposal to City July " 10, 2007 Tentative Agreement between the,City of Sebastian and CFPBA July 19, 2007 5 ;'~" X38 3.4: The City agrees to accept and abide by all the terms and conditions of this Agreement and agrees that during the term of this Agreement it will not lock out members of the Bargaining Unit. 3.5: The City recognizes the right of the P.B.A. to engage in informational picketing as long as such picketing is done in a lawful manner in accordance with Florida Statutes. The P.B.A. agrees that there will be no interference with the free and unrestricted right of any City employee to enter and leave City property. ARTICLE 4 NON-DISCRIlVIINATION 4.1: It is agreed that no employee shall be required as a condition of employment to join or refrain from joining the P.B.A. 4.2: The City agrees it will not discriminate against, coerce, or intimidate any employee covered by this Agreement because of membership ornon-membership in the P.B.A. ARTICLE 5 DUES DEDUCTION 5.1: Any member of the bargaining unit covered by this Agreement may authorize a payroll deduction for the purpose of paying Union dues. Such authorization shall become effective only upon receipt by the City payroll section of a fully executed Dues Deduction Form (as authorized) from any employee. 5.2: The P.B.A. will initially notify the City as to the amount of dues. Such notification to the City will be in writing and from an official of the P.B.A. Changes in Union membership dues will similarly be certified to the City at least thirty (30) days prior to the effective date of that change. 5.3: Dues shall be deducted bi-weekly and thereafter shall be remitted monthly to the P.BA. as it is now remitted and shall be accompanied by a list of those employee's names whose dues are included Remittance of dues shall occur no later than five days following the last payroll of each month. 5.4: The effective date for deducting dues shall be the beginning of the pay period following the date the Dues Deduction Form is signed. The effective date for stopping dues deduction shall be at the beginning of the pay period thirty (30) days following the date the form is signed. 5.5: .The P.B.A. agrees to indemnify and hold harmless against any claims, suits, orders, or judgments brought or issued against the City based on any payroll deductions of dues as . provided for in this Article. 5.6: The P.B.A. agrees that no employees will collect or attempt to collect dues or assignments at any time during working hours, other than during break periods or periods before or after duty hours, on the City's property. Deleted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the l3~1 5.7: No deductions shall be made from the pay of any employee for any payroll period in which the employee's net earnings for that payroll period, after other deductions, are less than the amount to be deducted. 5.8: The P.B.A. Authorization letter shall be prepazed by the P.B.A. and shall be forwazded to the Human Resources Department. 5.9: All persons currently on dues deduction shall continue without further authorization. ARTICLE 6 EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION 6.1: The City and the P.B.A. agree to full and unequivocal cooperation with each other in eliminating all discrimination and to assure all personnel programs, policies, and assignments aze free from discriminatory practices. 6.2: The parties recognize that it is mutually beneficial to resolve any problem of alleged discrimination as amicably and expeditiously as possible and agree that each shall make a good faith effort to settle such dispute informally within the Department before any formal complaint is filed. 6.3: An Equal Employment Opportunity (EEO) complaint may be an allegation of discrimination on the basis of: a) race, color, religion, sex, national origin as prohibited by the Civil Rights Act of 1964, as amended, or by applicable state and local law; b) age as prohibited by the Age Discrimination Act of 1967, as amended, or by applicable state or local law; c) sex as prohibited by the Fair Labor Standards Act of 1938, as amended, or by applicable state or local law; d) recognized physical handicapping conditions as prohibited by the Rehabilitation Act of 1973, as amended, or by applicable state or local law; e) marital status or lawful political affiliation, as prohibited under Federal Law and Florida Statutes, or applicable local law. 6.4: In the case of an EEO complaint based on the grounds stated in Section 3 of this Article, the employee may seek recourse exclusively under applicable statutory procedures, and the complaint will be processed in accordance with the current and applicable rules and regulations of the appropriate federal, state, or local agency. 6.5: The P.B.A. agrees to fully support the principles of Equal Employment Opportunity. The P.B.A. shall be included in the negotiation of any future consent decrees that affect the P.B.A. and its members. The P.B.A. and the City agree to abide by any future court-approved consent decree to which both parties have consented. [1e18ted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the ~~o ARTICLE 7 LABOR MANAGEMENT COMMUNICATIONS 7.1 The City agrees that periodic meetings, mutually agreed upon, between Association Representatives and the City's employee relations officials will be held to discuss problems and objectives of mutual concern involving the implementation and administration of this Agreement. The function of these meetings will be to discuss general matters pertaining to employee relations. P.B.A representation shall be limited to two (2) Unit Representatives during Labor Management meetings. The Coastal P.B.A. may bring as many officials as deemed necessary. Prior to the meeting, both parties agree to identify who will be present. ARTICLE 8 P.B.A. REPRESENTATION 8.1: The Employer agrees to recognize elected officers and Union Representatives of the P.B.A. The Employer agrees that during the terms of this Agreement it will deal only with such authorized representatives in matters requiring official action by the parties in accordance with this Agreement. 8.2: P.B.A. shall appoint (2) bargaining unit members for all the units represented by the P.B.A. to serve as the Unit Representatives for all employees in those units. The Unit Representatives and the alternate Unit Representatives shall be a City employee on payroll status and shall be responsible for labor relation activities associated with the administration of this Agreement. Furthermore, Unit Representatives shall be responsible for the coordinating and processing of grievances for all the Local Union members, and shall conduct activities to avoid overlapping or duplicating services of any other union representatives. These activities shall be conducted without disrupting the work of any City employees who are not directly involved. 8.3: The P.B.A. agrees that Unit Representatives shall not be permitted to leave their assigned duty .stations during working hours without authorization of their Supervisor or the Chief of Police. The P.B.A. agrees to conduct all P.B.A. business outside of normal working hours in order not to disrupt the work of unit employees. This shall not preclude the grievance procedure from being conducted during normal working hours. 8.4: The City agrees to allow up to two Unit Representatives of the P.B.A. who are on duty at the .time negotiations take place with the City and the P.B.A., time away from their regular duties/shift assignments without loss of wages or benefits as long as it does not create a manpower/shift shortage. This will be done with the knowledge and permission of the Chief of Police or his designee. 8.5: The Employer will-maintain job descriptions for job classifications covered by this Agreement and will notify the P.B.A. of any intent to change such job classifications. ARTICLE 9 BULLETIN BOARD 9.1: The City agrees to allow the P.B.A. the use of a bulletin board of reasonable size and department a-mail for the posting of notices of its official business pertaining to its members and to unit employees. No scurrilous, defamatory, or otherwise objectionable material will be ~~~; cFPSA Proposal to city July posted or e-mailed. Any material, at the discretion of the City that contravenes this provision ; ~ lo, zoos Tentative Agreement between /~! I shall be ordered removed by the City. Any material so removed, or a copy thereof, shall be given to the P.B.A. by placing in the P.B.A. representative's inter-office mailbox. 9.2: The bulletin boazd and/or deparment a-mail shall be used for the posting of the following: (1) Notices of P.B.A. recreational and social affairs. (2) Notices of P.B.A. elections and the results of such elections. (3) Notices of P.B.A. appointments or other official union business. (4) Notices of P.B.A. meetings. Copies of all materials, notices, or announcements shall be submitted to the Chief of Police or designee, before they are posted. All notices shall be signed by a duly authorized P.B.A. representative. Any other notices, including any notices containing information other than purpose, date, time, and place, may be posted on the designated P.B.A. bulletin boazd and/or delivered by department a-mail only with the approval of the City. 9.3: All costs incidental to the prepazation and posting of P.B.A. material will be borne by the P:B.A. The P.B.A. is responsible for posting and removing approved materials on the designated bulletin board and for maintaining such bulletin boazd in an orderly condition. ARTICLE 10 PERSONNEL RECORDS 10.1: Each employee covered by this Agreement, shall have the right to inspect his official personnel files, provided however, that such inspection shall take place during working hours at the location where the official personnel files are kept. There shall be el~e>}e a personnel file maintained by the City that shall be considered the official personnel file for purposes of personnel actions. This file shall be maintained by the Human Resources Director and shall be kept at the Human Resources Department, and shall not contain anv reference to disciplinary matters All disciplinary and internal affair matters shall be maintained at the police department under the control of the Chief of Police or his desi>?xlee; all copies of disciplinary actions shall be forwazded to the Human Resources Director 10.2: The City will have the employee sign for a copy of any adverse action document to be placed in an employee's personnel file prior to the document being placed into the file. Employees shall have the right to file a written response to any letter of reprimand or other document that is placed in the employee's official personnel file as a result of supervisory action or citizen complaint. Any such written response shall be included in the employee's official personnel file together with the letter of reprimand or other document against which it is directed. To the extent permitted by law and in order to protect the privacy and promote the safety of individual police officers, the City agrees not to directly or indirectly famish the news media or public with any employee's home address, telephone number, photograph, and/or personnel records without the employee's consent. 10.3: The PBA agrees not to directly or indirectly famish the news media or the public with personnel records without the consent of the City and the employee, thus mutually agreeing to the confidentiality of personnel records other than required by law. 10.4: Written reprimands shall not be used when considering subsequent discipline where an officer has no disciplinary action against him after receiving two (2) or more performance evaluations from the issuance of the reprimand as long as the same or a similaz situation has not occurred. Deleted: CFPBA Proposal to City July 10, 200'1 Tentative Agreement between l`f~- ARTICLE 11 RIGHTS OF LAW ENFORCEMENT OFFICERS WHILE UNDER INVESTIGATION INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC 11.1: The parties recognize that the security of the City and its Citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves the employees in all manner of contfacts and relationships with the public, and out of such contacts and relationships, questions or complaints may arise concerning the actions of employees covered by this Agreement. Investigation of such questions and/or complaints must necessarily be conducted by, or under the direction of, departmental sworn supervisory officials whose primary concern must be the security of the City and preservation of the public interest. A. In order to maintain the security of the City and protect the interests' of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizen complaints and 'matters of internal security; provided, however, that any investigative interrogation of any employee covered by this Agreement relative to a citizen's complaint and/or a matter of internal security shall be conducted under the following conditions and in accordance with Florida Statute Chapter 112 which is incorporated herein in its entirety as a part of this agreement (should Florida Statute 112 be amended during this- Agreement, such amendment shall automatically be incorporated herein): (1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. (2) The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and no later than forty-five (45) calendar days a8er the investigation is initiated. The emplovee shall be informed of the names of all complainants All identifiable witnesses shall be interviewed, whenever possible, Qrior to the beginning of the investigative interview of the accused officer. The complaint and all witness statements shall be provided to the officer who is the subject of the complaint prior to the belg~ing of any investigative interview of that officer An officer after being informed of the right to review witness statements, may voluntarily waive the .provision of this paragraph and provide a voluntary statement at anxtime. (3) The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogation officer, and all persons present- during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator during any one investigative interrogation only, unless specifically waived by the subject officer. (4) Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations shall be held at the headquarters of the Sebastian Police Department. D@leted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the 10 ~ ~k3 (5) At the request of the employee under investigation, he/she shall have the right to be represented by counsel or of any other representative of his/her choice, to be present at all times during such interrogation. (6) The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statement. ('n If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he/she shall be completely informed of all his/her Miranda and/or Garrity v. N.J. rights prior to the commencement of the interrogation. (8) No employee shall be ordered or be able to volunteer to submit to any device designed to measure the truth of his/her responses during questioning. (9) During interrogations, the employee shall not be subjected to offensive language or threats of transfer, dismissal, or other disciplinary actions. The interrogator does not have the right to make a promise of rewazd as an inducement to answering questions. (10) During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which aze the subject of the investigation. (11) In the interest of the internal security and fairness to the employee under investigation (criminal or administrative), the City, employee, and union representative or agent, insofar as is legally permissible, agree to make no statement concerning the investigation until such time as the investigation has been completed. (12) An employee under investigation may obtain a copy of any written statement he/she has executed. (13) 1n all cases wherein an employee is to be interrogated concerning an alleged violation of the department's Rules and Regulations which, if proven, may result in his/her dismissal or in some other disciplinary measure, he/she shall be afforded a reasonable opportunity and facilities to contact and consult privately with an attorney of his/her choice and a representative of the P.B.A. before being interrogated. However, except by mutual agreement, the interrogation may be postponed for no more than forty- eight (48) hours to provide this opportunity. (14) Any employee may be ordered to submit to a blood test to determine the percentage of alcohol in his/her blood if the employee appeazs to be under the influence of alcohol. Such test maybe given if requested by the employee. (15) No employee will be compelled by the City to speak or testify or be questioned by any non-governmental agency. (16) In cases where the City chooses to relieve an employee from duty pending an investigation, the following conditions shall prevail: 1. The employee will remain on full salary and allowances, and shall not lose any benefits during this period of time. 2. Should disciplinary action result from the investigation, that period of time in which the employee was relieved from duty will be included in the disciplinary ~~~: CFPBA Proposal to cny July action. In the event that an employee has been paid, the employee's accumulated -' Jo, zoos Tentative Agreement between the 11 j4~f vacation leave or compensatory time shall be charged as aset-off at the employee's option. (1'n During internal investigations, questions shall be limited to the circumstances surrounding the officer's alleged violation of department rules. (18) The findings of the internal affairs investigation shall be labeled Sustained (guilty as charged), Exonerated (act occurred, but was justified), Unfounded (act did not occur), orNot-Sustained (not guilty). No other terminology may be used. (19) Only letters of complaints from citizens, which have been sustained in whole or in part, will be inserted in an officer's personnel record. (20) The City shall not discipline any employee without just cause or due process; however, the City may discharge any probationary employee without just cause or due process. (21) Any employee involved in a shooting where injury and/or death occurs, shall not be compelled to make any oral or written statements. The employee shall be given the necessary time to consult with his/her attorney prior to any oral or written statements being requested. B. In any case where the City believes there is just cause for loss of pay or more serious disciplinary action the employee and the P.BA. shall be notified in writing. C. In the event an employee becomes the subject of a formal departmental or City investigation arising from a citizen's complaint or allegation, the department or the City, whichever is appropriate, shall individually notify the employee of the complaint. Upon conclusion of the formal investigation, the employee will be notified of the disposition of the complaint. 11.2: Notice of Disciplinary Action - No dismissal, demotion, transfer, reassignment, or other personnel action which might result in loss of pay or benefits or which is taken purely as a punitive measure shall be taken against any law enforcement officer unless such law enforcement officer is notified of the action and the reason or reasons therefore prior to the effective date of such action. 11.3: Retaliation for Exercising Rights - No law enforcement officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his/her employment or be threatened with any such treatment by reason of his/her exercise of the rights granted in this Article. 11.4: If a complaint is brought against a bargaining unit member from any source outside the City's Police Department and the investigation of the complaint is to result in disciplinary action against the bargaining unit member, he/she may request the appointment of a Complaint Review Board within ten (10) working days of notification. of discipline identified in 11:2. A. The Complaint Review Board shall be comprised of three (3) law enforcement officers from any State, County or Municipal agency within Indian River County. One member will be selected by the Chief of Police, one by the officer against whom the complaint is registered and one who shall be selected by the other two members. B. The Complaint Review Board shall meet promptly to review the complaint that has been brought, all of the available evidence in the case and an explanation of the case by the ~~~; cr-rsn rroposal m cay ray ' io, aoo~ Tentative Agreement between the 12 r~5 bargaining unit member or their representative. The Boazd shall make recommendation(s) to the Chief of Police for whatever action it deems appropriate. C. The recommendation(s) of the Complaint Review Board aze advisory only and shall not restrict the Chief of Police in making a final decision concerning the disciplinary action, if any, to be taken, nor shall it restrict the bargaining unit member's right to grieve any disciplinary action that results from the complaint. 11.5: No bargaining unit member shall be disciplined, except termination or written reprimand, until such time as the bazgaining unit member's grievance appeal (excluding arbitration) of the discipline is completed or until the time frame for a grievance has expired. ARTICLE 12 LEGAL BENEFIT 12.1: The City shall, upon the request of any employee covered by this Agreement and after notice of the suit against the employee has been. given to the Office of the City Attorney, within ten (10) •days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the Complainant in the suit alleges that the employee was acting within the scope and course of his/her employment and does not allege that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregazd of human rights, safety, or property.~l~ 12.2: The City shall, upon the request of an employee covered by this Agreement and after notice of the suit against the employee has been timely received by the Office of the City Attorney, within ten (10) days after service upon the employee, undertake the defense of that employee against any civil damage suit in which the Complainant in the suit alleges that the employee was acting within the scope of his/her employment, even if the Complainant also alleges in the alternative that the employee acted in bad faith, or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, in those cases in which the City has reason to believe that there exists a substantial factual basis for the allegations in the suit of bad faith, malicious purpose or in actions exhibiting wanton and willful disregazd of human rights, safety, or property, the employee shall be notified that he/she must provide his/her defense at his/her own expense, and the City shall not be required to either continue or undertake the defense of the employee. 12.3: In a civil damage suit in which a defense is provided by the City, the City will indemnify that employee against any judgments, except for punitive damages, rendered in that suit against the employee as a result of his/her actions which occurred while he/she was acting within the scope and course of his/her employment, up to the limits specified in 768.28(5), Florida Statutes, as amended. 12.4: At any time after the City has undertaken the defense of an employee in a civil damage suit, the employee, at his/her own expense, may, with the permission of the City, hire counsel of his/her own choice and substitute that counsel, with the consent of the applicable court, for the counsel provided by the City without affecting the employee's rights to indemnification under Section 3 of this Article. 12.5: The employee agrees to cooperate fully with the City if the City undertakes the defense of the employee. Failure to cooperate shall relieve the City of its obligation to defend or indemnify the employee. ; • Halsted: CFPBA Proposal to City July 10,2007 Tentative Agreement between the~City of Sebastian and CFPBA July 19, 2007 13 ;-`~ , (~kl~ ARTICLE 13 MANAGEMENT RIGHTS 13.1: The P.B.A. agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects except as modified by other articles of this Agreement. The rights of the City, through its management officials, shall include but not be limited to the following: A. To determine the organization of the City Government. B. To determine the purpose of each of its constituent departments. C. To exercise control and discretion over the organization and efficiency of operations of the City. D. To set standards for service to be offered to the public. E. To manage and direct the employees of the City including the right to assign work and overtime, and to establish, modify, or change rules and regulations applicable to employees covered by this Agreement. F. To hire, examine, classify, promote, train, transfer, and assign, employees in positions with the City. G. To suspend, demote, discharge, or take other disciplinary action and impose sanctions for just cause involving deficiencies in performance and/or deficiencies in conduct. H. To increase, reduce, change, modify, or alter the composition of the work force, including the right to relieve employees from duties because of lack of work and/or lack of funds. I. To determine the location, method, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased or to be contracted out or subcontracted. 7. To determine the number of employees to be employed by the City. K. To establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, department or division thereof, or project. L. To establish, change, or modify duties, tasks, and responsibilities or requirements within job classifications that are not terms and conditions of employment in the interest of efficiency, economy, technological change, or operating requirements. 13.2: The City has the authority and obligation to determine the purpose and mission of the City and the amount of budget to be adopted by the City Council. 13.3: If, at the sole discretion of the City, it is determined that a civil emergency condition exists including but not limited to strikes, work stoppages, riots, civil disorders, hurricane conditions, or similar circumstances, the provisions of this Agreement maybe suspended during the time of the declared emergency, provided that wage rates and insurance shall not be suspended. Deleted: CFPBA Proposal to City July 1Q 2007 Tentative Agreement between the 14 ~ ~f 1 ARTICLE 14 DISCIPLINE AND DISCHARGE Employees may be disciplined for just cause involving deficiencies in performance and/or deficiencies in conduct. Employees so disciplined shall be provided with written notice of the basis for such discipline. Disciplinary action shall be taken in accordance with internal Police Department General Orders. ARTICLE 15 RATES OF PAY 15.1: On October 1, 20(}4 7 all steps of pay grade 27 shall be adjusted upward by iwe three and one half percent (~.3 3.5%). All employees of the bargaining unit shall have their pay adjusted accordingly with their respective pay grade/step. .Step 0 - 20 will be reinstated. -----------------_-- ~....- Deleted: Effective Octobs i, 2004 Z earh Pollee Officer in Grade 27 wlli 15.2 On October 1, 2003 8 all steps of pay grade 27 shall be adjusted upward by fwe three and one move to we nmR highs Step is the pay P~ half percent (~5 3.5%). All employees of the bargaining unit shall have their pay adjusted accordingly with their respective pay grade/step. . ~ __ ------------------------------------ - - Deleted: Effective October 1, zoos s -.. ' etch Police Officer in Grade 27 will 15.3 On October 1, 2006 9 all steps of pay grade 27 shall be adjusted upwazd by Owe three and one P~ to the Wort highs Step m the pay half percent (~ 3.5%). All employees of the bargaining unit shall have their pay adjusted accordingly with their respective pay grade/step. ~ ' ~__----------- -------------------------_ - ..._ .. Deleted: Effective Octobs 1, 2006 9 each Ponce Officer in Grade 27 will 15.4 On October 1, 2004 7 ll ste s of a ade 30 shall be adjusted upward by_~ve three and-, n~ to the Wert highs step io the pay one half percent (~.5 3.5%). All employees of the bargaining unit shall have their pay adjusted `' -••. ~~. the City shall adjost pay accordingly with their respective pay grade/step. Stews 0 - 20 will be reinstated. grade 30 15.5: ' ~ v------------°---- ----------------------°------------------------------------------------------_._...---------------- On October 1, 2003 8 all steps of pay grade 30 shall be adjusted upward by ttve three and one --------- Deleted: Effective Octo6s 1, 20047 each Police Oi6cer fn Grade 30 will half percent (~.3 3.5%). All employees of the bazgaining unit shall .have their pay adjusted move to the Wert highs Step ht the pay accordin with their re ective a ade/ste . glY sP P Y 9' P .------------------------------------------------------------------------------------ pl'II'T 15.6 On October 1, 2006 9 all steps of pay grade 30 shall be adjusted upwazd by ewe three and one -•-- --~ ~~~ Effectlvo Odobs 1, 2005 0 I half percent (~3 3.5%). All employees of the bargaining umt shall have their pay adjusted nch Sergeant is Grade 30 will move to the net highs Step m the ply p1an.1 15.7 accordingly with their respective pay grade/step. ~________________-_ ----------------------------------------------------------------- Effective October 1, 2006 7 Officer's and Sergeant's who receive State incentive money for ------• Deleted; Effcctlve Octobs 1, 2006 9 each 3ergetnt m Grade 30 wig move to trainin and education, excludin Corrections courses, will receive an ount from the Ci U g g _~?r! -- - P- ~ the net htghs-Step m the pay p1an.T ----- ------------- ---------- --- -- to $1,560 annually. -•---••-- Deleted: matching 15.8: For the purpose of the Agreement, the term anniversary date shall mean the anniversary of an employee's date of employment or promotion in the bazgaining unit. For the purposes of longevity. the date of hire with the Citesshall prevail 15.9: Anew police officer without any demonstrated education, training or experience in that job title, shall be placed at the first step of the pay plan. This employee shall be eligible for movement to the next step at the completion of his/her first yeaz of continuous, unbroken employment with the City in his/her job classification provided that such employee receives at least a satisfactory performance evaluation upon his/her anniversary date. Deleted: CFPBA Proposal to City July 1Q, 2007 Tentative Agreement between the 15 IBS 15.10: The city reserves the right, based upon a new employee's previous education, training and experience, to exercise lateral entry and initially place such employee in any of the first four pay steps that are allocated for the job title of police officer. 15.11: In the event a Police Officer is promoted to the job classification of Sergeant, the promoted employee shall be entitled to the entry level for Sergeant or a five (5) step increase to the closest step in the Sergeant's pay grade, whichever is greater. 15.12: On or after October 1, of each fiscal yeaz, all bargaining unit members shall advance to the next higher pay step for their job title upon receipt of an annual evaluation which is at least satisfactory. In the event an employee's performance is below satisfactory, the City shall inform the employee, in writing, of his/her specific deficiencies and allow the employee a reasonable time, not to exceed ninety (90) days, to correct his/her performance. The City shall delay movement of the employee to the next pay step for his/her job title until such deficiencies are corrected. 15.13: Step increases, as set forth above, shall continue for the duration of this contract. 15.14: All investigators shall receive anon-uniformed clothing allowance in a bi-annual amount of four hundred ($400) dollazs payable in ens two lump sum payments of four hundred ($400) on October let and April 1~ of each year. This amount is in addition to the allowance allowed under Article 41.4. In the event an officer does not remain an Investigator the entire bi-annual period after receiving his/her clothing allowance, the officer shall repay the City on a pro rata basis. These allowances shalt be said in a seaarate check. 15:15: ARTICLE 16 TEMPORARY ASSIGNMENT Deleted: AU bar¢sininennit members who have reached the too of their oav scale shall roceke lon¢evity pay of fifteen hundred do~aro (S13001 snnaallv to be paid in a lamo snm on their anniversary date of ash veer of 16.1: The Police Chief or his designee may, in writing, assign a bargaining unit member to a higher classification for a temporary period. The affected bazgaining unit member shall be entitled to receive a $x.00-an how increase to their hourly wage_for all hours_ worked, including overtime,-___.--- Deleted: zs in that higher classification. The provisions of this section shall apply to temporary assignments to the position of Sergeant only. 16.2: Appointment as an investigator is considered duty assignment and not a promotion with the same provisions as a temporary assignment. The bazgaining unit member shall receive one-step higher than his/her regulaz rate of pay to their base pay while serving as an investigator. In the time duringtheir emJ~loylnent with the Citv of Sebastian Police Department. 16.3: ,f ,, w ..:.......t,e_ ... ,..,..,..f ~.oa ~.,..., e...:,..,.,... ,.,, . Appointment as an Acting Shift Supervisor in the absence of the Shift Sergeant is considered a duty assignment and not a promotion with the same provisions as a temporal~gnnment The bargaining.unit member assigned to a specific shift by the Police Chief or his designee will be issued insignia. to be placed on the sleeve. for each of their issued unform_shirts to indicate the higher classification. Tentative Agreement between the. City of Sebastian and CFPBA July 19, 2007 16 r----- ----------------------------------------------------------~--------------------------- ------------------------------- D@let~d: has served Deleted: one veer Deleted: removed Deleted: unless the roassitmment is voluntary Deleted: CFPBA Proposal to City July lo, Zoos f `~`~ If the bazgaining_unit member is transfened from Road Patrol or Qiven a different assignment, then the employee will no longer use the insignia. ARTICLE 17 ASSIGNMENT PAY 17.1: A Police Officer assigned the duty position of Field Training Officer (FTO) shall be entitled to $ 3,,,,.00 _per_hour__additional_compensation,. including_ overtime, _ while__actually _ assi~ued_to _a _--_ _ ~- meted: zs trainee. 17.2: A Police Officer assigned as an instructor, shall be entitled to $43~.00_~per_hour_ additional = ..----- Deleted: as compensation, including overtime, during the period of providing in-house instruction only. ARTICLE 18 INJURY PAY AND LIGHT DUTY ASSIGNMENTS 18.1: Any regular full-time employee who sustains a temporary disability as a result of and arising out of employment by the City as provided by the Worker's Compensation Law of the State of Florida, shall, in addition to the benefits payable under the Worker's Compensation Law be entitled to the following: A. During the first eighty (80) working days of such disability, the employee shall receive net supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment. B. Thereafter, the employee may utilize any accrued sick or annual leave in order to receive supplemental pay based upon his/her net take home pay reduced by the Worker's Compensation indemnity payment until such annual or sick leave is exhausted C. Upon exhaustion of all paid leave, the City may, at its discretion, grant an unpaid leave of absence to the employee for a period not to exceed one year. 18.2: If any employee, due to an on-the job injury, is temporarily or partially disabled from performing the duties of his/her classification, but is determined to be able to perform light duty by a physician designated by the City, the employee may be required to perform such duty or lose the employment connected disability leave supplemental benefits. Assignment to light duty shall be considered a temporary assignment, without reduction in pay. Such a reassignment shall be to other duties commensurate with medical and mental fitness, subject to availability of suitable work, and the employee's qualifications for the position. However, an employee shall not be permitted to continue in a light duty position after reaching his/her maximum medical improvement. 18.3: Any employee who suffers an employment connected injury may be required by the City to be examined every twenty (20) working days by a medical doctor, specified and provided by the City, who shall determine the employee's condition and fitness for full or partial return to duty. 18.4: No employee will be entitled to employment connected with disability leave with the benefits described herein if the injury suffered has been determined to have been the result of intentional self-infliction or where the disability or illness continues as a result of the employee's failure to cooperate with medical advice or corrective therapy. ;Deleted: cFrsA Proposal to City July 10, 2007 Tentative Agreement between theFCity of Sebastian and CFPBA July_ 19, 2007 17 ;`~ 15 c~ 18.5: While receiving employment connected disability benefits, an employee shall be entitled to all benefits which he/she would normally receive pursuant to his/her employment with the City. ARTICLE 19 CALL BACK PAY 19.1: A bargaining unit member, who is called to return to work after completing his/her scheduled shift and has left the work place of the City, shall be paid at the rate of time and one-half (1-. 1/2) the regular rate for hours worked with a minimum of three (3) hours. Travel time shall be considered time worked. 19.2: A bargaining unit member called back to work who is on authorized leave shall be paid at the rate of time and one-half (1-1/2) the regular rate for hours worked with a minimum of three (3) hours. Such employee shall not be charged for leave for any such hours worked. Travel time shall be considered time worked. 19.3: The three (3) hours minimum call-back pay shall not apply in those instances wherein the overtime commences one and one-half (1-1/2) or fewer hours prior to and runs continuously into the employee's regular shift; or the employee is called back to work to rectify his/her own error or omission which cannot wait until the employee's next shift. In such instances, the employee shall be compensated for the exact hours worked at the appropriate rate. ARTICLE 20 ON-CALL PAY 20.1 Designated bargaining unit members required to be on-call shall receive one hour e€s~gl3t pay at time and one-half Monday through Friday and receive two hours at time and one half __ .._--~i~eateayd: for each gay Sunday through Saturday and Sunday. On-call personnel include one detective, and one MACE Detective. The list will rotate weekly. ~ ~Renr n + .• w n ..«t~ t.o r..:a c « ,. o ,.,.tt . eev .. «t. n.. „ i, t, „ . ti, •a a t. , a o e..«• , , .• a w n .raac¢ruoc vv ovn . The MACE Detective shall only be said for one on call week oer month. unless directed by their Supervisor. On call hours shall not be considered hours worked for overtime calculations. This article does not apply to Officers being placed on-call because of emergency situations, ex. Hurricanes. ARTICLE 21 COURT APPEARANCES 21.1: Any bargaining unit employee who is required to appear as a witness resulting from the performance of his duties with the City shall be entitled to the following: A. regular pay if called to testify during regularly scheduled hours; B. a minimum of three (3) hours at one and one-half (1-1/2) times the employee's rate of a if called to testi outside the em to ee's re lar hours of work. .Deleted: cr-~J3A rroposal to city July p y fy p y ~ , - ~ to, soon Tentative Agreement between theFCity of Sebastian and. 18 i5~ C. In such cases, the employee will be required to assign the witness fee to the City. 21.2: Time off to respond to a subpoena to appear as a witness in a case unrelated to an employee's duties as an employee of the City will be at the employee's own expense (vacation or unpaid leave). Such leave shall not be denied 21.3: Employees required to attend court while on scheduled vacation may be allowed to substitute the pay enumerated in Section 1. B. instead of vacation leave for such period, provided that the court appearance meets the requirements of Section 1. of this Article. ARTICLE 22 BEREAVEMENT LEAVE 22.1: Time Off Provision -When there is a death in a bargaining unit member's immediate family, that employee shall be granted a Bereavement Leave of a maximum ve working days_in__ _- -- Deleted: three (3) order to attend the funeral. Bereavement Leave will not be chazged against sick leave, vacation, or holiday time. 22.2: The bargaining unit member's immediate family is defined as the employee's spouse, children, father, mother, brother, sister, parents-in-law, grandchildren, or grandparents or any relative who is domiciled in the bazgaining unit member's household. 22.3: The City reserves the right to require documentation supporting Bereavement Leave after an employee returns to work. 22.4: Any absence in excess of rve working_day_s_in connection with_appro_v__ed_Bereavement _~..----- Deleted: wm(s) Leave will be chazged to accrued annual leave or compensatory time, at the employee's option. ARTICLE 23 MII.ITARY LEAVE 23.1: Permanent full time bargaining unit members covered by this agreement who are commissioned reserve officers or reserve enlisted personnel in the United State Military, Naval Services, Coast Guard, or members of the Florida National Guazd shall be entitled to leave of absence loss of pay in accordance with provisions of 115.07, Florida Statutes. When the entire unit to which the bazgaining unit member is assigned is ordered to active duty beyond seventeen (17) consecutive workdays in any one (1) calendaz yeaz; the City agrees to pay such leave up to a maximum often (10) additional workdays. 23.2: The bargaining unit member shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the form request for Military Leave at least two (2) weeks prior to the date such leave is desired. 23.3: A permanent full time bazgaining unit member who is a member of the Anned Forces Reserve or Florida National Guazd shall be excused from work without pay to attend active or inactive duty training drills as required in excess of seventeen (17) days in any one annual period, not counting the additional maximum often (10) workdays in Section 23.1 above. Deleted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the 19 l5z ARTICLE 24 JURY DUTY 24.1: A permanent full-time bargaining unit. member shall be granted time off, not to exceed eighty (80) hours, at straight time pay for reporting to required jury duty upon presentation to the bargaining unit member's supervisor of satisfactory evidence that such jury duty is required and provided the time required .for jury duty is the bazgaining unit member's normal workday or work shift. In order to be eligible, the employee must report at least seven (7) calendar days prior to the date of jury duty to the immediate supervisor on the prescribed leave form with the summons attached of the need to be absent because of a jury duty requirement. 24.2: Any compensation received by the bargaining unit member for jury duty shall be retained by the employee; however, a pro rata amount of the jury duty pay received by the bargaining unit member shall be deducted from the bazgaining unit member's regular pay based upon that portion of the regularly scheduled workday missed by the bargaining unit member. There shall be no deduction for mileage pay or for the four (4) hour reporting period provided in Section 3 of this Article: A bargaining unit member seeking jury duty leave must substantiate any compensation received for serving on jury duty by submitting a copy of the check(s) received or a copy of the receipt(s) for any cash received. 24.3: If a bargaining unit member is released from jury duty within four (4) hours from the time required to report for such jury duty, the employee shall be required to report for duty on that date, provided that it is the bargaining unit member's regular work day or shift. ARTICLE 25 VOTING TIlVIE/POLTTICAL ACTIVITY 25.1: During a primary, general, or special election, a bargaining unit member who is a registered voter and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where polls are open two hours before and two hours after the employee's regulaz scheduled work period, it shall be considered sufficient time for voting. 25.2: Employees will be allowed to engage in the full range of political activities guaranteed to all citizens while off duty and not in uniform. ARTICLE 26 LONGEVITY PAY 26.1 Longevity pay will be awarded according to the following schedule: A. Bargaining unit members, after having completed ten (10) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their ten-yeaz anniversary date. B. Bargaining unit members, after having completed fifteen (15) yeazs of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their fifteen-year anniversary date. Deleted: cFrBA J'roposal to City July 10, 2007 Tentative Agreement between 20 153 C. Bazgaining unit members, after having completed twenty (20) years of continuous services with the City, will receive an increase in their base pay of five (5%) percent. The five percent increase will be added to their base pay the first full payroll period following their twenty-yeaz anniversary date. D. Bazgaining unit members, after having completed twenty-five (25) years of continuous services with the City, will receive an increase in their base pay of seven and one-half (7.5%) percent. The seven and one-half percent increase will be added to their base pay the first full payroll period following their twenty-five-yeaz anniversary date. E. Said adjustments(s) will be based on the bazgaining unit member's original date of hire regazdless of the salary pay step the bazgaining unit member is in at the time he or she attains the required number of yeazs. F. Bazgaining unit members in a part-time or temporary status at the time of their relevant anniversary date will not be eligible for longevity increases. G. Those bazgaining unit members in-between the longevity periods often- to fifteen- years or from fifteen-years to twenty-years or twenty-yeazs to twenty-five-years shall, upon the effective date of the contract, receive cone-time five (5%) percent increase and shall subsequently be eligible for future longevity increases in accordance with the above. ARTICLE 27 BASIC WORKWEEK AND OVERTIlVIE 27.1: Fourteen (14) days shall constitute a normal work period for the bazgaining unit members covered by this Agreement, starting at 12:01 a.m. Sunday and ending at 12:00 midnight on Saturday fourteen days later. Nothing herein shall guazantee an employee payment for eighty (80) hours of work in any work period unless the employee actually works eighty (80) hours in the work period. For the purposes of this Agreement, approved leave shall mean any leave compensated by the City. The City agrees to provide a minimum 30-day notice if it is determined that the current work schedule should be modified. The PBA reserves the right to negotiate any changes to the work schedule. 27.2: Hours worked in excess of eighty (80) hours in a fourteen (14) day work period shall be compensated at the rate of time and one-half (1 1/2) of the bargaining unit member's regulaz, hourly wage. 27.3: For the purposes of overtime compensation, time spent by a bargaining unit member on personal leave, annual leave, sick leave, funeral leave, jury leave, military leave, or any other approved leave with pay shall be considered time worked. 27.4: If any bazgaining unit member has accrued overtime and desires to bank compensatory time at a rate of time and one-half (1-1/2) rather than be paid for the overtime, the bargaining unit member shall, prior to the end of the fourteen (14) day work period in which the overtime was credited, advise his/her supervisor of his/her desire to bank compensatory time in lieu of pay. 27.5: The Division Commanders shall attempt to accommodate the desires of a bazgaining unit member as to the time off desired, work schedules and conditions permitting. If no compensatory time is requested, then the bargaining unit member shall be paid at the overtime rate of time and one-half (1-1/2). Employees may bank up to one hundred and twenty (120) ,,~~elEtld:cFPaAProposaltocityJuly 10, 2007 Tentative Agreement between 21 l5~ hours of compensatory time. Any unused time as of September 30~' of each yeaz will be paid to the employee in the next payroll check. ARTICLE 28 HOLIDAYS 28.1: The following shall be paid holidays for regular bazgaining unit members: NEW YEAR'S DAY MARTIN LUTHER KING DAY PRESIDENTS DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERANS DAY THANKSGIVING DAY FRIDAY AFTER THANKSGIVING DAY CHRISTMAS EVE CHRISTMAS DAY ONE (1) .FLOATING HOLIDAY 28.2: Holidays will be designated as the actual day of the holiday for the purposes of holiday pay. Employees regularly scheduled to work Monday through Friday may be required to take the observed, rather than the actual holiday as their designated holiday. 28.3: No regular full-time bazgaining unit members. shall receive pay for a holiday unless he/she is in active pay status or actually works his/her normal schedule on the day immediately preceding and following the day on which the holiday is observed. For purposes of this Article, "active pay status" means approved sick or annual leave, military leave, jury duty or other approved leave with pay. 28.4: Regular full-time bargaining unit members who are scheduled and/or required to work on the actual holiday and who work on that .day shall receive one and one-half (1-1/2) times the employee's regular hourly wage for each hour worked during the holiday in addition to their scheduled hours (8 or 10 or 12) as holiday pay for the holiday. 28.5: Bargaining unit members not scheduled to work the holiday will receive 8,10, or 12 hours of pay not to be counted for overtime calculation. For example, if an employee is scheduled Tuesday thru Friday and the holiday falls on a Monday, the employee would receive 8, 10, or 12 hours pay for the holiday. The holiday pay would not be included as hours worked for the purpose of overtime calculation. ARTICLE 29 SENIORITY. 29.1:. The City agrees that seniority shall consist of continuous accumulated paid service to the City. 29.2: Seniority shall be computed from the date of hire and shall accumulate during leaves of absence due to injury, illness, vacation, or any other leave authorized and approved by the City. ce~etetl• CFPBA Proposal to City July 10, 2007 Tentative Agreement between the Cit~of Sebastian_and CFPBA Ju1~.19, 2007 22 ;~', rss 29.3: Vacation periods for each calendaz year shall be drawn by bazgaining unit members on the basis of seniority. When a bazgaining unit member has selected dates for vacation the dates can be changed, by mutual a~xeement, only to accommodate another bazgaining unit member with greater seniority and the request to change by the senior bargaining unit member is made at least ninety (90) days prior to the first day of the previously scheduled vacation. 29.4: ]n the event of a vacancy in any department or division, including promotional vacancy, seniority will be given reasonable consideration but will not be the determining factor. 29.5: Seniority will be given reasonable consideration in the selection of any bazgaining unit member to be sent to any type of schooling but shall not be the determining factor. ARTICLE 30 LAYOFF AND RECALL 30.1: Definition - A layoff is a reduction in the number of employees within the Department due to lack of work, lack of funds, or for any reason other than the acts or delinquencies of the employee. The City will lay off employees as herein provided. 30.2: Order of Layoff- In the event of a layoff for any reason, bazgaining unit members shall be laid off in inverse order of their seniority in their classification as defined in Article 29, Seniority. A bazgaining unit member to be laid off who has advanced to his/her present classification from a lower classification in which he/she held a permanent position shall be given a position in the lower classification within the department. His/her seniority in the lower classification shall be established according to the date of his/her permanent appointment to that classification including time accrued at a higher classification. 30.3: Bargaining unit members shall be recalled from layoff according to the seniority in the classification from which the bargaining unit members were laid off. No new employee shall be hired in any classification until all bazgaining unit members on lay-off status in that classification have had an opportunity to return to work. 30.4: The City is not obligated to recall bargaining unit member after he/she has been on layoff for a period of two (2) years. 30.5: Bargaining unit members shall be notified of their recall to work by phone. If direct contact to the former bazgaining unit member is not made, a registered letter will be mailed to their address of record and he/she shall be given twenty (20) calendar days to return to work. A recalled bazgaining unit member shall notify the employer in writing within ten (10) calendaz days of receipt of the recall letter ofhis/her intent to return to work. 30.6: A bargaining unit member laid off pursuant to this Article shall be given the opportunity to continue insurance coverage in existing programs during the lay-off period provided that premiums for such insurance programs available under the Insurance Policy shall be paid by the bargaining unit member on a monthly basis in advance of the month due. 30.7: Recall will be at the current rate of pay for the classification but not lower than when the bazgaining unit member was laid off. Upon recall, all credit for salary fringe benefits shall be restored as of the date of layoff. Deleted: CFPBA Proposal to City July 10,2007 Tentative A Bement between the Ci of Sebastian and CFPBA Jul~_ 19, 2007 23 ;'~ , ~5~ ARTICLE 31 PROMOTIONIONAL EXAMINATIONS 31.1: Eligibility for Positions within the Bargaining Unit: Police Sergeant: Four (4) consecutive years as a City of Sebastian Police Officer from the most recent date of hire. 31.2: Promotional examinations shall be given when a vacancy for Sergeant exists if there is not a current eligibility list in effect. The Human Resources Director or designee shall administer all promotional examinations for the bargaining unit position of Sergeant. 31.3: Whenever a budgeted vacancy exists for the rank of Sergeant, the City shall promote an employee to fill such vacancy, within thirty (30) days, from the existing eligibility list. If the eligibility list has expired or has been exhausted when a Sergeant vacancy occurs, the City shall establish a new eligibility list within one hundred twenty (120) days. Upon certification of the new eligibility list, the budgeted Sergeant vacancy shall be filled within thirty (30) days. The promotional eligibility list shall remain in effect for one (1) year or until the list is exhausted, whichever comes first. A. Promotional testing shall consist of a written examination, oral review board and an in- basket skills assessment. a. The written exam shall contain no more than 100 multiple-choice questions and shall be purchased from an outside agency. b. The oral review board shall consist of three (3) Lieutenants (or higher) from other agencies and (2) representatives from the City of Sebastian's Police Administration. The oral review board shall consist of law enforcement scenario type questions that shall be approved by the Chief or his designee. Each candidate shall respond to (5) scenarios. Each scenario shall be rated 1- 4 by each evaluator.. The highest and lowest scores will be thrown out leaving three scores to be calculated. The three scores shall be averaged and then the resulting point value multiplied by .25 to obtain the 25% value. c. The in-basket skills assessment shall be developed based on the actual duties of a City of Sebastian Police Sergeant. An outside consultant may be utilized to assist in the development. The skills assessment shall be scored from 0 -100. The score will be multiplied by .25 to obtain the 25% value. B. To move from the written examination to the oral review board and in- basket skills assessment, the candidate must score at least a 70. The score will be multiplied by .50 to obtain the 50 % value to be added to .the oral review board and in-basket skills assessment score. If the candidate scores less than 70 on the written portion, they will be excluded from the remainder of the promotional process. 31.4: After all testing is complete; all scores will be added together to get an overall total for the entire promotional examination process. An eligibility list will be established in ranking. 31.5.: The Chief li3&y shall select any one of the top three (3) candidates on the eligibility list after interviewin€~ all three candidates. When considering the top three candidates, the Chief may ~e~eted: CPPBA Proposal to City July ' 10, 2007 Tentative Agreement between the,City of Sebastian and CFPBA July 19, 2007 24 :`, r ~°~ consider additional factors such as educational background, years of service to the agency, experience in special assignments, evaluation and disciplinary history, and other information that would help determine the best fit for the department's needs. 31.6: Examination and Posting Requirements: A. Examinations will be posted 90 days in advance. B. The closing date shall be 30 days from the posting date. C. The posting shall include the minimum requirements and an informational reading list for the written exam. 31.7: The promotional probationary period shall be six (6) months in duration. The probationary period can be extended for an additional three (3) months by the Chief with approval from the Human Resources Director. The probationary period may be extended further if the probationary employee is incapacitated because of illness or injury. If an employee promoted to the position of Sergeant is found unsuited for the work of the position during the probationary period, he/she shall be reinstated to his/her former position. ARTICLE 32 PROBATIONARY PERSONNEL 32.1: All new employees of the department shall serve a probationary period of one (1) year, which may be extended for a period not to exceed six (6) months at the Police Chief's discretion, during which time they shall not be entitled to any seniority or tenure rights but during such period shall be subject to all the terms and conditions of this agreement. 32.2: Upon completion of said probationary period, employees shall be known as permanent employees and seniority rights and tenure shall accrue from the commencement of the probationary period and shall be considered a part of such employee's seniority rights. 32.3: A probationary employee shall have all the rights of the grievance procedure except where said employee is terminated for failure to satisfactorily complete his/her probation as determined by the Police Chief. ARTICLE 33 VACATION LEAVE 33.1: Eligibility -Only regular full-time employees aze eligible for paid annual leave. 33.2: Accrual Rate A. Annual leave is earned on a pro-rata bi-weekly basis. The bi-weekly pay period is divided over twenty-six (26) pay periods. Full-time bargaining unit members will accrue annual leave based on their years of service with the agency. To clarify the rate at which an employee accrues annual leave the following table will be used. Table #1: Continuous Unbroken Years of Service Length of Service: Bi-weekly Leave - Accrual Rate Hours Earned deleted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the. Citx of Sebastian_ and CFPBA July 19, 2007 25 ; F - -- - ----------------------"-- -- -------------"'""-- ----------------------------------""'--- !58 Year but less than 5 Yeazs 3.077-hours------------- ----------_--80 hours-----------------------------------------•- ~...- deleted: J --__ 5 Yeazs but less than 10 Years -__ 4.615 hours 120 hours 10 Yeazs but less than 20 Yeazs 6.153 hours 160 hours 20 Years plus 7.692 hours ~ 200 hours B. No annual leave may be taken during the first six months of employment. C. Annual leave accrual rate changes take affect on the bazgaining unit member's anniversary date. For the purposes of this section "anniversary date" shall mean those one-yeaz increments from the date of employment. 33.3: Request for Annual Leave A. A request for annual leave shall be submitted in writing to the bargaining unit member's immediate supervisor for signature and will proceed up the chain of command to the Folice Chief. B. A request for leave shall not be granted if the bargaining unit member has no accrued balance of annual leave. Annual leave shall not be used in advance of its being earned C. The minimum charge against the accrued annual leave balance is one (1) hour. One (1) hour shall be deducted from a bargaining unit member's accrued leave balance for each hour, or part thereof; that a bargaining unit member is actually absent from his/her duty station. D. Annual leave shall not be taken in advance of its approval by the Police Chief or his designee. 33.4: Use of Annual Leave A. Annual leave may be used for the following reasons: 1. Vacation 2. Absences from duty for transaction of personal business that cannot be conducted outside of working hours. 3. Religious holidays not designated as official holidays. 4. Medical leave if sick leave balance has been exhausted. 5. Any other absences not covered by existing leave provisions, at the discretion of the Police Chief. B. Any bazgaining unit member who becomes sick while on annual leave may substitute accrued sick leave for annual leave for the period of illness. Upon the request of the Police Chief or his designee, the bargaining unit member shall supply appropriate certification from a physician as to the nature and duration of the illness. C. Bazgaining unit members will not be allowed to carry over from one fiscal year to the next more than twa (2) years' worth of accrued annual leave. If during the year the bazgaining unit member accrues more than two (2) years' worth of annual leave, they will have until the last full payroll period in the fiscal year to bring their time balances down to the two (2) yeaz maximum. If the bazgaining unit member does not bring the time balance down to the two (2) year maximum by the last full payroll period of each fiscal year, they will forfeit all hours in excess of the two (2) year maximum carryover. Annual leave will continue to accrue beyond the limitations set forth above when a Department Head fails to ant annual leave when re uested in writin b an em to ee under the ' ~~~' CFPBA Proposal to City July SY' q g Y P Y , •' lo, zoos Tentative Agreement between the 26 ~Sy provisions of this article. Proper documentation signed by the bazgaining unit members department head will be forwarded to the Finance Department where it will be kept on file indicating the reasons for not granting the requested leave. 33.5: Vacation Cash-in: (a) Bazgaining Unit Members will have the option of cashing in up to (40) forty vacation hours per yeaz if the following requirements are met: 1. The bazgaining unit member has a minimum balance of 40 hours after the cash-in. 2. The bazgaining unit member took at least 40 consecutive annual leave hours off during the fiscal year. Holiday hours do not count towazds the 40 hours. (b) Request for cash-in must be submitted to the Human Resources Department by the last full payroll period of each fiscal yeaz. Payment will be made the first paycheck issued in December. 33.6: Separation from Employment Upon retirement, resignation, or other sepazation from the service of the City a regular full-time bargaining unit member shall be entitled to be paid for the accrued balance of annual leave at the rate of pay received by the bazgaining unit member on the date of separation. ARTICLE 34 SICK LEAVE 34.1: Eligibility -Only regular full-time employees aze eligible for sick leave with pay. 34.2: Accrual of Sick Leave A. Regulaz full-time employees accrue leave at the rate of ninety-six (96) hours per calendar year. Sick leave will accrue bi-weekly over twenty-six (26) periods. To clarify the rate at which. an employee accrues sick leave the following table will be used. Table #1: Full Time Bazgaining Unit Members Length of Service Bi-weekly Annual Leave Accrual Rate Hours Eamed All years of service 3.692 hours 96 hours (12 working days) B. Sick leave does not accrue while an employee is on leave of absence, leave without pay, or sick leave, unless the sick leave is the result of injury in the line of duty. 34.3: Request for Sick Leave A. A bargaining unit member who is incapacitated and unable to work shall notify his/her supervisor prior to the bargaining unit member's scheduled reporting time. The bazgaining unit member shall state the nature of the incapacitation, its expected duration, and expected period of absence. The bazgaining unit member shall repeat this procedure on each day he/she is unable to report to work, unless excused by the Police Chief or ~~~: cFraA rroposel co city Jnly designee, or if the bargaining unit member has a doctor's note excusing the bargaining ; ~ io, 200 Tentative Agreement between 27 /(~D unit member for an extended period of time. The City reserves the right to request the bazgaining unit member go to another physician, at the City's expense, to verify the length of time needed to be out. B. A bargaining unit member who is out of work for three (3) or more consecutive days shall, upon returning to work, submit to his/her supervisor appropriate written documentation for the sick leave, along with a doctor's note of the illness. 34.4: Use of Sick Leave A. Sick leave may be used for the following reasons: 1. Employee ill health; 2. Maternity; 3. Medical, dental, or optical treatment required during working hours; 4. Quarantine due to exposure to infectious disease; 5. Employee ill health while on annual leave; 6. In connection with Worker's Compensation; 7. For death in employee's immediate family to extend bereavement leave; 8. Illness of an immediate family member requiring the employee to remain at home with ill family member. B. Whenever it appears that a bazgaining unit member abuses sick leave, such as consistently using sick leave immediately upon its being accrued or before or after holidays or scheduled days o~ the bargaining unit member shall be required to furnish proof of the necessity for the claimed absence due to illness. The City reserves the right to require a physician's certification in all cases of reported illness. Abuse of sick leave shall constitute grounds for disciplinary action, up to and including termination. C. Sick leave may not be used for absences due to illness or injury sustained while engaged in outside employment. D. Every bargaining unit member entitled to sick leave benefits and who does not take any sick leave during such yearly period, shall be given one day's pay, which payment made in the fast pay period in December, and, in addition, shall be given his/her birthday off with pay, subject to the work schedule and at the Police Chiefs approval. If work requirements do not reasonably permit the bargaining unit member to take off from work on his/her birthday or if the birthday falls on a holiday or day ofl; some other mutually agreeable day near the bargaining unit member's birthday may be taken off with pay. The day's pay shall consist of the number of hours of Shift assignment that the individual is currently working and shall not be counted towards overtime pay. 34.5: Separation from Employment: Upon separation from employment in good standing (resignation or retirement with atwo-week notice or medical separation), a bazgaining unit member is eligible to be paid for a~e~seatttge a~his/her accrued balance of sick leav uu to a maximum of 60011ours~'he percentage is_as follows---------------------------------------------------------------------------------------------------____ ___ _ -- Deleted: st fbe rate of 100 °k - - followiae urobation. 0 1 3 sempleted~•ears a€servise "0'- n t n .,v....,. ,. .,i e«ea , v ,.f tee...~io- Deleted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between 28 «r 11•separated before completing first veer 0% 1 to S vears of completed service 25°/® 6 to 10 vears of completed service 50% it to 20 vears of completed service 75% Over 20 vears of completed service 100°/. ARTICLE 35 PERSONAL LEAVE 35.1: Eligibility -Each regulaz full-time bargaining unit member shall be entitled to twenty-four (24) working hours of personal leave per year. ARTICLE 36 LEAVE OF ABSENCE 36.1: An employee may be granted a leave of absence without pay for a period not to exceed one year for sickness, disability, or other good and sufficient reasons, which are considered to be in the best interests of the City. 36.2: Such leave shall require the prior approval of the Police Chief and the City Manager. 36.3: Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. 36.4: The leave of absence may be withdrawn by the City Manager, and the employee recalled to service if the need for the leave no longer exists. 36.5: An employee granted a leave of absence must .submit a written statement monthly to the Police Chief advising his/her status. A copy of this written status report will be forwazded to the City, Manager. 36.6: Failure of any employee to return to duty upon expiration of his leave of absence shall constitute the resignation of that employee. 36.7: Holidays, sick- leave, annual leave, and any other benefits based on time spent in the employ of the City shall not accrue during a leave of absence, provided however, that the employee may maintain his health insurance program by paying the total cost of his group insurance program plus the administrative fee allowed by law. Longevity increases, merit increases, and any other increases for which the employee may become eligible based, in whole or in part, on length of service with the City shall not be credited during any period of leave of absence in excess of thirty (30) days in any one calendar year. 36.8: An employee may return from a leave of absence at the next available opening in his/her classification. An employee returning from leave of absence shall be paid at the same step of his salary grade as at the time of commencement of the leave of absence. Deleted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the 29 ll~~ ARTICLE 37 GRIEVANCE PROCEDURE 37.1: ]n a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that there will be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement, and grievances involving discharge, suspension, demotion, or any other adverse personnel action against a member covered by this Agreement. 37.2: Every effort shall be made by the parties to settle every grievance as expeditiously as possible. Any grievance not answered by Management within the prescribed time limits shall automatically advance to the next highest step. Should the grieving party fail to observe the time. limits as set forth in the steps of this Article, his/her grievance shall be considered conclusively abandoned 37.3: Where a grievance is general in nature, in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the P.B.A. and the City, such grievance shall be presented by the P.B.A.'s representative, in writing, directly to the Chief of Police, Step 3, within ten (10) working days of the occurrence of the event(s). If the grievance has not been settled to the satisfaction of the bargaining unit members, then the grievance may be appealed to the City Manager, Step 4. 37.4: Grievances shall be presented in the following manner: Step 1. The bargaining unit member shall present and attempt to resolve any grievance with the immediate supervisor within ten (10) working days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the bargaining unit member became awaze of the cause of the complaint. If the event(s) which give rise to grievance occurred at the time when the bazgaining unit member was on annual leave, sick leave, or other compensated leave, the ten (10) working day period shall commence running immediately upon return to duty. The first step shall be on an informal and oral basis; however, the bargaining unit member may have PBA representation present during the discussion. Within ten (10) working days after the discussion, the immediate supervisor shall reply to the affected bargaining unit member, in writing, of the decision. Step 2. If the grievance has not been resolved to the satisfaction of the bargaining unit member at Step 1, the grievance may be reduced to writing signed by the bazgaining unit member and presented to the next level of supervisor, the Division Commander, no later than ten (10) working days after the immediate supervisor's response was rendered in Step 1. The grievance as specified in writing shall be discussed by and between the bargaining unit member and P.B.A. representative and the Division Commander within ten (10) working days after the request for the Step 2 grievance hearing. The Division Commander shall reply to the affected bargaining unit member(s) and the P.B.A, in writing, of the decision within ten (10) working days after the close of the meeting. Step 3. If the grievance has not been resolved to the satisfaction of the bazgaining unit member at Step 2, the grievance maybe appealed to the Police Chief no later than ten (10) working days after the response was rendered in Step 2. The grievance as Halsted: CPPBA Proposal to City July . " 10, 2007 Tentative Agreement between the 30 ~~3 specified in writing shall be discussed by and between the bargaining unit member and P.B.A. representative and the Police Chief within ten (10) working days after the request to move the grievance to Step 3. The Police Chief shall reply to the affected bargaining unit member(s) and the P.B.A, in writing, of the decision within ten (10) working days after the close of the meeting. Step 4. If the grievance has not been settled to the satisfaction of the bargaining unit member(s) at Step 3, the decision may be appealed by presenting the written grievance to the Human Resources Director no later than ten (10) working days after receipt of the decision of the Police Chief or designee at Step 3. The Human Resources Director shall conduct a meeting with the affected bargaining unit member(s) and a P.B.A. representative within ten (10) working days after receipt of the appeal and shall reply to the affected bargaining unit member(s) and the P.B.A, in writing, of the decision within ten (10) working days after the close of the meeting. 37.5: Step 5. If the grievance has not been resolved to the satisfaction of the bargaining unit member(s) at Step 4, the Human Resources Director's decision may be appealed to the City Manager not later than ten (10) working days after receipt of the Step 4 decision. The City Manager shall meet with the affected bargaining unit member(s) and a P.B.A. representative within ten (10) working days after receipt of the grievance and shall reply, in writing, within ten (10) working days after the close of the meeting. A. For the limited purpose of this Article, a working day shall be from 8:00 a.m. to 4:30 p.m., Monday through Friday, exclusive of holidays observed by the City. B. The time limits set forth in the grievance procedure above shall be strictly adhered to by both parties to this agreement but may be lengthened or shortened by mutual agreement in writing. C. Representatives of the City and P.B.A. shall acknowledge receipt of grievances by signing and dating the form when presented or received D. Any grievance not advanced by the bargaining unit member(s) to the next higher step within the time limits provided shall be considered settled on the basis of the answer most recently given. If the City does not answer a grievance within the time limits provided, the bargaining unit member(s) may elect to treat the grievance as denied at that step and immediately advance the grievance to the next step. E. No action or matter shall be considered the subject of a grievance unless a written complaint is made within ten (10) working days of its occurrence or within ten (10) working days from the time the aggrieved employee(s) became aware or by use of reasonable diligence should have become aware of the cause for complaint. The City shall not be subject to any liability for any period more than ten (10) working days prior to the date the grievance was filed in writing. F. In the event the grievance involves a group of bargaining unit member(s) who do not have the same immediate supervisors, the grievance shall fast be presented to the Police Chief as indicated in Step 3 of this procedure. The subsequent steps of the grievance procedure as outlined in this Article shall then apply. G. In accordance with State law, the P.B.A. shall not be obligated to process a grievance of a ~~, CFPBA Proposal to City July non-member. lo, soon Tentative Agreement between lLo~-I 31 H. .The P.B.A. shall have the right to file grievances in the third step of the grievance procedure in any non-disciplinary matter involving the interpretation or application of this Agreement, provided however, that this right shall be strictly limited to those matters where the P.B.A. can factually demonstrate:. a. That the matter is covered by a provision of the Agreement; and b. That the matter involves the interpretation or application of that provision; and c. The grievance does not seek to add to or subtract from any provision of this Agreement. ARTICLE 38 ARBITRATION 38.1: If no satisfactory agreement of a grievance has been reached under the procedure in Article 37, and the grievance or dispute relates to the determination of rights and obligations conferred or created by this Agreement, and a written request for arbitration is made by the Union within fifteen (15) working days after the final answer in Step 5 of the grievance procedure, such dispute shall be submitted for final and binding arbitration in accordance with the following procedure. 38.2: The City and the P.B.A. shall, within one (1) week of the election by either party to azbitrate, meet to mutually agree upon an azbitrator. In the event an impartial azbitrator cannot be mutually agreed upon, the parties may select an arbitrator from a Federal Mediation and Conciliation Service (FMCS) panel or panels of not less than seven (7) names. In the event that either party, before striking of names occurs, feels that the panel is unsatisfactory, that party shall have the right to request one (1) additional panel. Within ten (10) working days of receipt of the panel, the azbitrator shall thereafter be selected from the panel of azbitrators by alternate striking of names until one (1) name remains. The party who strikes first shall be determined by the toss of a coin by the City. The City will promptly notify the arbitrator of the appointment. 38.3.0: The abbitration shall be conducted under the rules set forth in this Agreement and shall proceed as follows: 38.3.1: Upon notification of appointment, the arbitrator shall communicate with the parties as soon as practicable to arrange for the date and place of hearing; or, if questions of material fact are not at issue, to arrange for the joint submission of stipulations of fact and relevant documentation concerning the grievance. 38.3.2: If no hearing is to be conducted, each party shall submit to the arbitrator its statement of position regazding the grievance. Prior to the date of hearing or submission of documents, the parties shall, jointly or separately, provide the azbitrator with a written statement of the issue or issues to be resolved in the arbitration proceeding. 38.3.3: The arbitrator shall have exclusive jurisdiction and authority to resolve grievances as defined in this Agreement. The arbitrator shall have the authority to issue .subpoenas enforceable in any court of competent jurisdiction and shall administer oaths to all witnesses testifying in any proceeding. 38.3.4: The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. deleted: CFPBA Proposal so City July 10, 2007 Tentative Agreement between 32 i~5 38.3.5: The azbitrator shall have no power to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement or which not covered by this Agreement. 38.3.6: Except as provided in Section 3.2, the decision of the azbitrator shall be based solely upon the evidence and arguments presented by the respective parties in the presence of each other. 38.3.7: Upon timely notice prior to the scheduling of hearings and when mutually agreed, the consolidation of one (1) or more grievances based upon similar circumstances for hearing and resolution before the same azbitrator shall be permitted. 38.3.8: The azbitrator shall render a decision not later than thirty (30) calendaz days after the conclusion of the final hearing. The findings of the arbitrator made in accordance with the jurisdictional authority under this Agreement shall be final and binding on the parties. The azbitrator's decision shall be in writing and shall set forth the azbitrator's fmdings and conclusions on the issues submitted unless agreed in writing by the parties. 38.3.9: The party claiming misinterpretation or misapplication of this Agreement shall have the burden of proving its contention by a preponderance of competent evidence. 38.4.0: This Agreement constitutes a contract between the parties that shall be interpreted and applied by the parties and the azbitrator in the same manner as any other contract under the laws of the State of Florida. The function and purpose of the azbitrator is to determine disputed interpretations of terms actually found in the Agreement or to detemvne disputed facts upon which the application of the Agreement depends. The arbitrator, therefore, shall not have the authority to change the intent of the parties as determined by generally accepted rules of contract construction. The azbitrator shall not render any decision, which, in practical or actual effect, modifies, revises, detracts from, or adds to any of the terms or provisions• of this Agreement. 38.4.1: The costs for the services of the arbitrator shall be borne by the losing party. The parties shall bear the costs of their own representatives and witnesses. One (1) P.B.A. representative who is on duty shall be entitled to attend arbitration hearings at straight time rates. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of the transcript unless otherwise agreed to, in writing, by the parties. ARTICLE 39 PERFORMANCE RATING REVIEW The City and the P.B.A. agree that the Police Department's General Orders governing Performance Rating Review will be followed for the life of this agreement. ARTICLE 40 GROUP HEALTH INSURANCE 40.1: During the term of this Agreement (October 1, 2004 7 -September 30, 200710), the Employer agrees to pay the premium to provide group insurance coverage to all regulaz full-time bargaining unit members. • Deleted: CFPBA Proposal to City July 10,2007 Tentative Agreement between the /1~~. 33 40.2: In the event that the premium rate for dependent group coverage increases, the Employer agrees to notify the P.B.A. as soon as is practicable. The P.B.A. agrees that the Employer may, at its discretion, obtain substitute insurance coverage from another carrier or require each covered bazgaining unit member to contribute his/her pro-rata share of the increased premium cost for dependent coverage, whichever may be applicable. In the event that the carrier increases the premium rate for dependent group insurance coverage, the parties agree to abide by Section 40.3 of this article. 40.3: -Any bargaining unit member who elects to participate in the group insurance dependent coverage option plan will pay fifty (50%) percent of the cost of the premium The member shall pay any additional supplemental insurance that is optional coverage to the bargaining unit member. 40.4: The City agrees to pay fifty (50%) of the vests of single coverage group (health only) insurance for up to two (2) yeazs for. qualified bargaining unit members who retire from the City after being employed by the City for twenty (20) years in a full-time capacity. ARTICLE 41 CLOTHING MAINTENANCE, EQUIPMENT AND VEffiCLES 41.1: The present practice of the City's Police Department in regazd to furnishing uniforms shall be continued. The City will provide the following equipment at no cost to the bargaining unit member: one (1) hand-held radio to all sworn Officers; four (4) pairs of trousers (additional as needed); four (4) short-sleeved shirts (additional as needed); one (1) long-sleeved dress shirt; one (1) tie; one (1) winter/summer jacket; 2 pairs of shoes or boots per yeaz as needed; one (1) sidearm and ammunition; 2 collar insignias, as needed; one (1) large badge; one (1) small badge; one (1) .rechargeable flashlight; one (1) hat; one (1) ballistic vest; and, one (1) duty belt and :accessories. 41.2: Any bargaining unit member who shall receive breakage, loss or damage to any of above listed equipment, in the line of duty, shall have such equipment replaced at no charge to the bargaining unit member. 41.3: Personal equipment which is lost, broken or damaged, in the line of duty, shall be replaced :according to the following schedule; wrist watch, not to exceed replacement cost or $60, whichever is less; handcuffs at replacement cost; eyeglasses up to $200; and miscellaneous items not to exceed $100 in the aggregate. As to all items listed above, each bazgaining unit member shall submit a detailed list of such items, including miscellaneous items, for filing with the Police Chief. Items not listed shall not be replaced at the cost of the City. When any such item is changed, it is the responsibility of the bargaining unit member to amend his/her list on file with the Police Chief. 41.4: Each bargaining unit member will receive $45.00 per month for uniform cleaning. 41.5: The City agrees to provide take home vehicles to all bargaining unit members who have completed their field training program and are operating as solo officers. This vehicle take home program will be extended to all bargaining unit members who reside within a 20-mile radius of the Sebastian Police Department. -The Police Chief may waive the 20-mile - restriction. Police Vehicles assigned to a police officer becomes that officer's responsibility. It ~~~~ CFPBA Proposal to City 7uty 10, 2007 Tentative Agreement between 34 ~(~~ will be that officer's responsibility to maintain that vehicle in a clean and orderly condition and to ensure that all scheduled or needed maintenance is performed. Each police vehicle shall be checked by the assigned police officer in accordance with departmental policy prior to each shift and the check-off log filed with the Shift Commander. Bazgaining Unit members will be denied the use of a city take home vehicle in those instances wherein a member has been found to have violated a Department policy or due to a shortage of operable vehicles where no pool cars are available. If the bazgaining unit member fails to properly maintain his or her vehicle, then the Police Chief can suspend the vehicle take home privilege of that member. If a vehicle driver finds any fault in the vehicle that might constitute a safety hazard, the driver shall immediately advise his/her Shift Commander. If the Shift Commander agrees, the vehicle will not be returned to duty until the safety hazard(s) are eliminated. 41.6: Patrol vehicles will contain equipment in accordance with Departmental Policy. 41.7: Ballistic vests will be worn in accordance with departmental policy. Ballistic vests shall be tailored to each individual officer. An officer may be excused from wearing a ballistic vest for medical reasons as determined by a physician selected by the City. ARTICLE 42 TUITION PAYMENT PLAN TUITION PAYMENT PLAN: Payment of tuition by the City of Sebastian for approved educational or training programs will be in conformance with the following: 42.1: Eligibility for Participation in Tuition Payment Plan -All regular full-time bazgaining unit members are eligible for participation in the City's Tuition Payment Plan up to the limit of the funds available for education. This program is available only to bargaining unit members who have successfully completed their one-year probationary period. 42.2: Tuition Payment Plan -The City of Sebastian will, upon approval of the Police Chief, the City Manager, and the City Human Resources Director, pay tuition of regular full-time bargaining unit members for any eligible training or educational program course. An eligible training or educational pmgram/course is one that, in the judgment of the Human Resources Director, the City Manager, and the Police Chief, is directly related to the employee's current position or to a .related higher position, and which will improve performance in a current position or which constitutes prepazation for promotion to related higher responsibilities. Post graduate (ex. Master's, Doctorate ,etc.) programs are not included within the tuition payment plan. 42.3: Application Procedure - A bargaining unit member desiring to participate in the City's Tuition Payment Plan shall submit an application fifteen (15) working days in advance to the Police Chief requesting approval for Plan participation. If the Police Chief recommends the education program, his recommendation will be forwazded to the Human Resources Director and the City Manager for final approval. 42.4: Course Completion - If the employee achieves a grade of "C" or better in a course which is graded -- or if the employee receives a "pass" in a course which is graded on a pass/fail basis - he/she will submit an official copy of his/her grades along with proof of his/her payment for tuition, required books, or lab fees to the Police Chief. Reimbursement for tuition shall be made in accordance with City policy for reimbursements. The employee's personnel record will be documented with his/her education achievement. Textbooks shall become City property at the completion of the course and turned over to the Police Chief or his designee. • D818tCd: CFPBA Proposal to City July • 10, 2007 Tentative Agreement between the City of Sebastian and CFPBA July_ 19, 2007 35 :~`• f_ _ _ ___________________________________ ________________ ________ _ ...__.____._._.___._.-_______.._______.___. _._. (!n8 42.5: Transportation -Transportation under the Tuition Payment Plan shall be at the bargaining unit member's expense. 42.6: Maximum Reimbursement -The reimbursement shall be available for a maximum total of twenty-for (24) semester hours or thirty-two (32) quarter hours in any one (1) fiscal yeaz period for eligible regulaz bargaining unit members pending budget authorization and availability of funds. The maximum tuition rate to be reimbursed for participating in the City's Tuition Payment Plan for college-level courses is that established annually by the State Legislature for state supported schools. Should an employee select to attend anon-State school, he/she is responsible for the difference in tuition. 42.7: Service Requirement Bazgaining unit members, who aze reimbursed for such courses, agree to remain employed by the City of Sebastian for at least two (2) years after completion of the course(s). Should an employee leave the City service within two years after completion of the course(s), he/she is required to return any payments to the City or it will be deducted from his/her fmal paycheck 42.8: City Mandated Education Courses - If the City requires an employee to attend an educational course, seminar or conference, the City shall pay tuition, transportation, and meals and lodging in accordance with the City's Travel Policy. ARTICLE 43 HEALTH & SAFETY 43.1: CONTAGIOUS DISEASES The City shall provide each employee with vaccination series for Hepatitis at no expense to the .employee. ARTICLE 44 TRAINING 44.1: The City agrees to make a good faith effort to promote on-the job training for the purpose of ..improving the performance of employees, aiding employees to equip themselves for :advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. 44.2: Where the City requires any employee to attend supervisory training and/or training in specialized techniques, the City will make every reasonable effort to facilitate the employee attending such training during his/her normal working hours. In the event the City is unable to schedule the employee to attend such training during his/her normal working hours, the employee shall be required to attend such training during his/her off-duty hours; provided, however, that the time spent by the employee in such training during his/her off-duty hours shall be compensated in accordance with Article 27 of this Agreement. 44.3: All sworn officers will be required to train and qualify with their service weapon on a semi- annual basis. A certified arms instructor shall conduct the training. The City shall furnish all ammunition and safety equipment. Any employee required to attend such training during his/her off-duty hours will be compensated in accordance with Article 27 of this Agreement. Deleted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the 36 ~ (~q 44.4: The City may provide the employees with a library of current publications pertaining to Florida Law Enforcement. ARTICLE 45 OFF-DUTY EMPLOYMENT 45.1: Outside Employment - shall be controlled by the City's Standard Operating Procedures and departmental general orders. No City uniform shall be wom or any City equipment used. ARTICLE 46 SUBSTANCE ABUSE TESTING 46.1: The City and the P.B.A, agree to abide by a Drug Free Workplace as provided for in Florida Statute. ARTICLE 47 SAVINGS CLAUSE 47.1: If any article or section of this Agreement should be determined to be in conflict with any existing or subsequently enacted State or Federal legislation or judicial decision, all other articles and sections of this Agreement shall remain in full force and effect with it being presumed that the intent of the parties herein was to enter into the Agreement without such invalid portion(s). 47.2: In the event of such determination, the City agrees to notify the P.B.A. of its intent to implement such change within fifteen (15) days of such notice. The P.B.A. shall have the right to appeal such determination within thirty (30) days of such notice to the appropriate court. :During the time of such appeal, the City will effect no change in the Agreement until such appeal has been resolved by the appropriate court within the State or Federal Judicial System. 47.3: In the event of invalidation of any article or section, the parties agree to meet within thirty (30) .days of such determination for the purpose of negotiating a replacement for such article or section. D@Ieted: CFPBA Proposal to City July 10, 2007 Tentative Agreement between the r~o 37 ARTICLE 48 DURATION OF AGREEMENT, DATES 48.1.1: This Agreement shall become effective upon the date of ratification by the parties, and shall remain in full force and effect unti112:00 midnight September 30, 200 10. 48.1.2: This Agreement shall be renewed automatically from yeaz to year thereafter unless either party has given written notice to the other on or before June 15, 200 0 or by June 15 of any year thereafter of its desire to negotiate a successor agreement. IN WITNESS WHEREOF, the parties hereto have set their hands, this Day of 2004 7. COASTAL FLORIDA POLICE BENEVOLENT ASSOCIATION By Vincent L. Champion. President Bv: Steven Marcinik, Police Officer By: Anthony Valicenti, Staff Representative By: Nate Ingram, Executive Director CITY OF SEBASTIAN FLORIDA By: Al Minner, City Manager By: James A. Davis, Police Chief ~------- Formatted: Tabs: 0.25", Left + Not at 0.38" By: - ebra Kruger,- Human Resources Director ---. --- - Oersted: Debbie ....-- Deleted: q Approved as to form and content: Attest: Sally Maio, C1VIC City Clerk By: Rich Stringer, City Attorney Tentative Agreement between the 38 Deleted: CFPBA Proposal to City July lo, Zoos ~~\ arc a NOME OF PELICAN lSUIND 1225 Main Street Sebastian, Florida 32958 Subject: Meeting Schedule for Agenda No: ~ 7. 1(0 ~ - ~ Novemb and December 2007 .~ ~ Department Origin: City Cler i v A r for Submittal by: Manacter ,.,.--~ City Attorney: inn r, City Manager Date Submitted: 9/5/07 For Agenda of: 9/12/07 Exhibits: November and December Regular Meetings Expenditure Required: Amount Budgeted: Appropriation Required: SUMMARY STATEMENT Each year City Council reviews and adjusts its meeting schedules for November and December to accommodate holiday schedules. Regular Meetings for November will fall on the 14tH and 28tH so it appears that there is no conflict this year since the Thanksgiving holiday falls during within the week between those regular meetings. City Hall will be closed on Thursday, November 22"d and Friday, November 23`x. Regular Meetings for December will fall on the 12tH and 26tH. City Hall will be closed on Monday, December 24tH and Tuesday, December 25"' and Tuesday, January 1, 2008. Many people take advantage of this season to visit with families or take a few vacation days. RECOMMENDED ACTION Recommend November and December schedule as follows: November 14tH November 28tH December 12tH ,~3