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2011-03 Outfall Pipe Repair & ReplacementRESOLUTION 2011-03 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY JOHNSON - DAVIS INCORPORATED FOR OUTFACE PIPE REPAIR AND REPLACEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village advertised an Invitation to Bid for Culvert Repair and Replacement ("ITB") relating to outfall pipe repairs located behind 340 Golfview Road; and WHEREAS, Village Administration reviewed the bids submitted in response to the ITB and recommended accepting the lowest responsive bid submitted by Johnson -Davis Incorporated in the amount of $37,000.00; and WHEREAS, based on such recommendation, the Village Council determines that the acceptance of the bid submitted by Johnson -Davis Incorporated is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby accepts the bid submitted by Johnson -Davis Incorporated at a total cost not to exceed $37,000.00, with funds to be expended from Village Account #K7321-66210 (Construction and Major Renovation). The Village Council further authorizes the Mayor and Village Clerk to execute an Contract with Johnson -Davis Incorporated, a copy of which is attached hereto and incorporated herein by reference. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2011. (Village Seal) ATTEST: ~ ~~~~~ MAYOR ~ ~~.~~~.~~ ,, ~i~~ • VILLAGE CLERK CONTRACT This Contract is made as of the o27f~1 day of ~~y~(.Od2' , 2011, by and between the VILLAGE OF NORTH PALM BEACH, a municipal corporati n organized and existing under the laws of the State of Florida, hereinafter referred to as VILLAGE, and JOHNSON -DAMS INCORPORATED, a Florida corporation authorized to do business in the State of Florida, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is 59-1753888. In consideration of the promises and mutual covenants herein contained, it is hereby agreed that the CONTRACTOR shall provide to the VILLAGE all goods and services requested under the Invitation to Bid for Culvert Repair and Replacement ("ITB") and as further stated in CONTRACTOR'S Bid Proposal and pursuant to the terms and conditions of this Contract. ARTICLE 1. SERVICES OF THE CONTRACTOR. A. The CONTRACTOR shall provide all goods and services as stated in the Bid Documents and the Specifications and Project Drawings referenced therein in accordance with the Bid Proposal (hereinafter referred to as "Work"), which are incorporated herein by reference, to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the Work is provided. B. The Work provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract and upon written notice from the VILLAGE to proceed. ARTICLE 2. PERIOD OF SERVICE. A. This Contract and the provision of all Work hereunder shall be completed by the CONTRACTOR within thirty (30) days of a notice to proceed or for such other period of time agreed to in writing by the parties in accordance with the terms and conditions of this Contract. B. The CONTRACTOR shall not be considered in default by reason of any failure in performance of the Work if such failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; unreasonable utility provider delays, unreasonable permitting delays and abnormally severe and unusual weather conditions. C. Upon the CONTRACTOR'S request, the VILLAGE shall consider the facts and extent of any failure to perform the Work and, if the CONTRACTOR's failure to perform was without it or its subcontractor's fault or negligence, the Contract schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE's rights to change, terminate, or stop any or all of the work at any time. -1- D. Notwithstanding the foregoing, the CONTRACTOR shall not be entitled to an increase in the agreed to compensation in this Contract or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever. Provided, however, that this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active interference on the part of the VILLAGE or its agents. Otherwise, the CONTRACTOR shall be entitled only to extensions of the schedule in this Contract as the sole an exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. ARTICLE 3. VILLAGE'S REPRESENTATIVE. Unless otherwise specified by the VILLAGE, the VILLAGE'S representative shall be the Village Public Works Director. ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT. A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with CONTRACTOR'S Bid Proposal in response to the ITB. The total and cumulative amount of this Contract shall not exceed Thirty-Seven Thousand Dollars ($37,000.00). B. CONTRACTOR shall invoice the VILLAGE on the form provided as Exhibit "A" and include such information as requested in Exhibit "A". Invoices received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the VILLAGE's representative, indicating that the Work has been provided and rendered in conformity with the Contract and then will be sent to the Finance Department for payment. CONTRACTOR will invoice the VILLAGE in advance for each payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval. C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR. D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other matters in question arising out of or relating to this Contract. E. In order for both parties herein to close their books and records, CONTRACTOR will clearly state "final invoice" on the CONTRACTOR's final/last billing to the VILLAGE. This certifies that all Work has been properly performed and all charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges if not properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the provision of the Work. -2- F. The VILLAGE shall retain ten percent (10%) of the invoices received from CONTRACTOR for the provision of the Work under this Contract. Said retainage will be released by the VILLAGE upon final completion and inspection of the CONTRACTOR's work. G. If the VILLAGE fails to make any payment due the CONTRACTOR for the Work under this Contract.within forty-five (45) days after the CONTRACTOR's transmittal of its invoice to the VILLAGE, the CONTRACTOR may, after giving notice to the VILLAGE, suspend the Work under this Contract until it has been paid in full all amounts due. H. If the VILLAGE disputes any invoice or part of an invoice, VILLAGE shall notify CONTRACTOR of such dispute within fifteen (15) days of receipt of the invoice. VILLAGE reserves the right to off-set, reduce or withhold any payment to CONTRACTOR in accordance with the terms and conditions of this Contract. ARTICLE 5. INDEMNIFICATION. A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and employees from and against any and all claims, liability, losses, and/or causes of action arising out of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract, including, but not limited to, those caused by or arising out of any act, omission, negligence or default of the CONTRACTOR and/or its subcontractors, agents, servants or employees. B. The CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents, servants and employees when the occurrence results solely from the wrongful acts or omissions of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall survive completion of all services, obligations and duties provided for in this Contract as well as the termination of this Agreement for any reason. C: Nothing contained in this Contract shall create a contractual relationship with or a cause of action in favor of a third party against either the VILLAGE or the CONTRACTOR, nor shall this Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in § 768.28, Florida Statutes. ARTICLE 6. PERSONNEL. A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary personnel required to perform the Work under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. B. All of the Work required hereunder shall be performed by the CONTRACTOR or under its supervision, and all personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under state and local law to perform such Work. C. All of the CONTRACTOR'S personnel (and all sub-contractors) while on VILLAGE premises, will comply with all VILLAGE requirements governing conduct, safety, and security. -3- ARTICLE 7. TERMINATION. A. This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for Work rendered to the VILLAGE'S satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE, the CONTRACTOR shall: 1. Stop work on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. 3. Transfer all work in progress, completed work, and other materials related to the terminated work to the VILLAGE. 4. Continue and complete all parts of the work that have not been terminated. ARTICLE 8. FEDERAL AND STATE TAX. The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The CONTRACTOR shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual obligations with the VILLAGE, nor is the CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in securing such materials. ARTICLE 9. INSURANCE. Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing insurance coverage as required in the Bid Documents. All insurance, other than Worker's Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE as an Additional Insured. ARTICLE 10. SUCCESSORS AND ASSIGNS. The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors, administrators, and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONTRACTOR. -4- ARTICLE 11. GOVERNING LAW, VENUE AND REMEDIES. A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Contract will be held in Palm Beach County. B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by ~ statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 12. INDEPENDENT CONTRACTOR RELATIONSHIP. The CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the Work performed pursuant to this Contract shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the Work. ARTICLE 13. ACCESS AND AUDITS. The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the Work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this ARTICLE for the purpose of inspection or audit during normal business hours, at the CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required to disclose any confidential or proprietary information regarding its products and service costs. ARTICLE 14. NONDISCRIMINATION. The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 15. ENFORCEMENT COSTS. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. -5- ARTICLE 16. AUTHORITY TO PRACTICE. The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business and provide the Work under this Contract, and that it will at all times conduct its business and provide the Work under this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE's representative upon request. ARTICLE 17. SEVERABILITY. If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 18. MODIFICATIONS OF WORK. A. The VILLAGE reserves the right to make changes in the Work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the VILLAGE's notification of a contemplated change, the CONTRACTOR shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the CONTRACTOR's ability to meet the completion dates or schedules of this Contract. B. If the VILLAGE so instructs in writing, the CONTRACTOR shall suspend work on that portion of the work affected by the contemplated change, pending the VILLAGE'S decision to proceed with the change. C. If the VILLAGE elects to make the change, CONTRACTOR shall not commence work on any such change until the CONTRACTOR receives written authorization from the VILLAGE. ARTICLE 19. PROTECTION OF WORK AND PROPERTY. A. The CONTRACTOR shall continuously maintain adequate protection of all Work from damage, and shall protect the VILLAGE's property and adjacent private and public property from injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss, except that which may be directly due to errors caused by the VILLAGE or employees of the VILLAGE, the CONTRACTOR shall provide any necessary materials to maintain such protection. -6- B. Until acceptance of the Work by the VILLAGE, the VILLAGE'S property shall be under the charge and care of the CONTRACTOR and the CONTRACTOR shall take every necessary precaution against injury or damage to the work by the action of elements or from any other cause whatsoever, and the CONTRACTOR shall repair, restore and make good, without additional Work occasioned by any of the above causes before its completion and acceptance. C. The CONTRACTOR will also take every necessary precaution to ensure the safety of the VILLAGE, public and other guests and invitees thereof at or near the areas where work is being accomplished during and throughout the completion of all work. D. The CONTRACTOR shall have the responsibility to repair, rebuild or restore to its former condition any and all portions of existing utilities, structures, equipment, appurtenances or facilities, other than those to be paid for under the specifications, which may be disturbed or damaged due to his construction operations. ARTICLE 20. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the VILLAGE shall be mailed to: Village of North Palm Beach Attn: Jimmy Knight, Village Manager Village of North Palm Beach 501 U.S. Highway One North Palm Beach, FL 33408 and if sent to the CONTRACTOR shall be mailed to: Johnson -Davis Incorporated Attn: Scott J. Johnson, President 604 Hillbrath Drive Lantana, FL 33462 The foregoing names and addresses may be changed if such change is provided in writing to the other party. ARTICLE 21. ENTIRETY OF CONTRACTUAL AGREEMENT. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. -7- ARTICLE 22. TERMINOLOGY AND CAPTIONS. All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person, entity, firm or corporation to which they relate as the context may require. Wherever the context may require, the singular shall mean and include the plural and the plural shall mean and include the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof', "hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits, amendments and addenda attached hereto and made a part hereof. The captions and paragraph headings are for reference and convenience only and do not enter into or become a part of the context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract. ARTICLE 23. WAIVER. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter. ARTICLE 24. PREPARATION. This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. ARTICLE 25. MATERIALITY. All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may at its option and without notice terminate this Contract. ARTICLE 26. EXHIBITS AND CONTRACT DOCUMENTS. Each exhibit and other contract documents referred to in this Contract forms an essential part of this Contract. The exhibits and other contract documents, if not physically attached, should be treated as part of this Contract and are incorporated herein by reference. ARTICLE 27. LEGAL EFFECT. This Contract shall not become binding and effective until approved by the Village Council of the Village of North Palm Beaeh. ARTICLE 28. SURVIVABILITY. Any provision of this Contract which is of a continuing nature or imposes an obligation which extends beyond the term of this Contract shall survive its expiration or earlier termination. -8- ARTICLE 29. DEFAULT. A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that the occurrence of any of the following shall be deemed a material event of default and shall be grounds for termination: 1. The filing of a lien by any sub-CONTRACTOR, sub-contractor or third tier sub- contractor including, but not limited to materialmen, suppliers, or laborers, upon any property, right of way, easement or other interest in land or right to use within the territorial boundaries of the VILLAGE which lien is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; 2. The filing of any judgment lien against the assets of CONTRACTOR related to the performance of this Contract which is not satisfied, discharged or contested in a court of law within thirty (30) days from the date of notice to the CONTRACTOR; or 3. The filing of a petition by or against CONTRACTOR for relief under the Bankruptcy Code, or for its reorganization or for the appointment of a receiver or trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by CONTRACTOR for the benefit of creditors; or the taking possession of the property of CONTRACTOR by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or permanent receiver or trustee shall be appointed for CONTRACTOR or for CONTRACTOR's property and such temporary or permanent receiver or Trustee shall not be discharged within thirty (30) days from the date of appointment. 4. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR fails to provide the Work under this Contract on schedule as agreed to by CONTRACTOR in this Contract. B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any such default. ARTICLE 30. WARRANTY. CONTRACTOR warrants that all Work, including goods and services, provided under this Contract will be free of defects in material and workmanship for a period of one (1) year following completion of the Work and successful final inspection, subject to the conditions set forth in the Specifications. Should any Work fail to comply with this warranty during the warranty period of one (1) year, upon written notification from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective materials and/or workmanship at CONTRACTOR'S sole expense. -9- ARTICLE 31. REPRESENTATIONSBINDING AUTHORITY. The persons executing this Contract represent that they have the full power, authority and legal right to execute and deliver this Contract and perform all of its obligations under this Contract. IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as~~f thy' day and year first above written. CONTRAC OR BY: Prin ame: Title: VILLAGE OF NORTH PALM BEAC BY: WI LIAM L. MAN L MAYOR ATTEST: ~~p~ ~ BY: ~Gd~~~C~C~,~'~-~ MELISSA TEAL, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: LLAGE ATTORNEY -10- EXHIBIT "A" INVOICE FORM AND REQUIREMENTS (FORM ATTACHED) 11 APPLICATION FOR PAYMENT NO. To: VILLAGE OF NORTH PALM BEACH (OWNER) From: Contract: Culvert Repair and Replacement For Work accomplished through the date of: , 2011. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): Ten percent (10%) of completed Work, material and equipment purchased: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ Accompanying Documentation: CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all previous progress payments received from OWNER on account of Work done and goods purchased under the Contract referred to above have been applied on account to discharge CONTRACTOR'S legitimate obligations incurred in connection with Work, materials and equipment covered by prior Applications for Payment numbered 1 through inclusive; (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances, and (3) all Work, materials and equipment covered by this Application for Payment are in accordance with the Contract Documents and not defective. Dated By: Contractor State of County of Subscribed and sworn to before me this day of , 2011 Notary Public My Commission expires: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated By: 12 ~J®G~~g~®i~9-®,~V4~, BV~~, 6®4 ~9ilibrath ~riv~ BID FORM ~~rll~rla, ~Im 3~46~ ~h®rl~ (~6~) 50~-11 ~® ~~x (~69 ~ ~0~-~~~~ 1. Mobilization/Demobilization ................................................. ~~~ ~~ $ ' 2. Remove Existing Culvert &Foundation ................................... L~ $ ~~~ 3. Install New Pile-Mounted Culvert Foundation (Support Piles To Remain) $ 4. Insta1120' of 42" I.D. Culvert 12-Gauge Aluminum CMP $ r~ 5. Pour Concrete Collar, Join New Culvert with Existing Pipe............ c~ $ c~ 6. Install Foundation Saddle/Collar Atop Existing Steel Piles ............. $ ~~ ~~ ' 7. Dia. Limestone Rip-Rap....... Place 10 cu. Yd. of Native Stone, 1-2 $ ~~~ SUM :................................. $ REVISED CALL FOR BIDS 001-1 BID PROPOSAL FORM Bid of ~,~~~'®,~ ° ~~~ ~ ~~~; to furnish all materials, equipment and labor and to perform all work in accordance with the requirements of the Bid Documents for: Culvert Repair and Replacement. Bidder agrees to perform all work described in the Bid Documents, including, but not limited to the Specifications and Project Drawings, for the following sum: Mobilization/Demobilization $ ,~ 2. Remove Existing Culvert and Foundation 3. Install New Pile-Mounted Culvert Foundation (Support Piles to Remain) 4. Install 20' of 42" I.D. Culvert Option 1: Class 1, solid HDPE Option 2: 12-Gauge Aluminum CMP 5. Pour Concrete Collar and Join Culy with Existing Pipe 6.~ Install Foundation Saddle/Colt atop Existing Steel Piles 7. Place 10 cu. yd. of Native tone, 1-2' dia. Limstone Rip Rap OPTION 1: TOTAL TOTA>~., PROJECT t ~JECT COST (Figures): ST (Written Out): Dollars and OPTION 2: ~'°OTAL PROJECT COST (Figures): $ TOTAL PROJECT COST (Written Out): Cents Dollars and Cents TIME OR PERFORMANCE: Bidder agrees to provide all required services for the comp etion of all work set forth in the Bid Documents within 30 days from the issuance of a notice to proceed. -21- A11 Bids shall include all sales taxes, all other applicable fees, and all requirements of the Bid Documents. The undersigned Bidder has carefully examined the Bid Documents and the site of the proposed work. The undersigned is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. The undersigned agrees to do all the work and furnish all materials called for by the Bid Documents, in the manner prescribed there' and to the standards of quality and performance established by the Village of North Pan l~ep h, for the total price designated in the spaces provided above. Title ®~ /~®'// ® .~ Phone Number Address Fax Number E-mail Address Witnes r sted by• ~~~ ®®~ /~~ Sign re Print Name ~( 6 Ml®II YItl~®l~-®Y"tltl ~~y lY tlb/• 6®4 l~illh~a$h ®rive ~,~~~~n~, ~1,. 33462 ~h®ete (56~) 533-1 ~ 70 ~~~ (56~) 535-5252 -22- ADDENDUM NO. 1 Village of North Palm Beach Outfall Culvert Replacement Project Prospective bidders are hereby advised that the Village of North Palm Beach amends the bid documents issued for the proposed outfall culvert replacement as follows; Delete Bid Item 4. A. "Install 20' of 42" I.D. (Option 1) Class 1 HDPE Culvert" in its entirety from the bid documents. Bidders are advised to refer to the following revised bid documents; Bid Form page 001-2 Sheet 4 of 7 of the construction plans Sheet 5 of 7 of the construction plans Add Department of the Army permit SAJ-2010-02845 (NW-LCK) The selected contractor shall be responsible for performing the work in a manner that fully complies with the enclosed permit Issued January 7, 2011 J~I~fV~~lil-~~VIS, IN~o 604 Hillbrath ®rive Lantana, F~ 3362 phone (501) 58~-1 ~ 70 Fax (56~) 5~5-525 Addendum Acknowledgement Forlpm q~pl ~ny ~y ~ /n~ny~ F`i nLLL~~~g ln~~(/~_ P.d®e uUtlh1'~" "`®IIUV ~l~y ~II G\Ja ~®~ ~III~P2S$~ ®~BC~~ I acknowledge and accept the following Addendum: (L~~$~~~, (~~ ~~4~~ ~~x (~~~) ~a~~~~~~~ Addendum 1 Provided January 7, 2011 wledgement as part of your Bid. /~ Date Contractor's Name and Title (please print) DRUG FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. In order to have adrug-free workplace program, a business shall: 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's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (I). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the cometodities or contractual- services that are under bid, 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 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maint~fi~ a drug-free workplace through implementation of this section. ~~ As the person authorized to sign the statement, I certi /th hi firm complies fully with the above requirements. Bidder s Sianatur ,~®~li~~~~i-®~~li~; l~~- 6®~ l~iilb~ath ®riv~ C<a~iana, F~ 5342 ~h®ne (~E~) big-~ 1 ~ ~~. - 23 - Fax (~69) b>3~-~?~.~: SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 1. This sworn statement is submitted to/the Village of North Palm Beach, Florida (print individual's name and title) for ~. (print name of entity submitting sworn statement) (lf the entity has no FEIN, include the Social Security Number of the Individual signing this sworn statement: ) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision or any other state or of the United- States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 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 brought by indictment or information after July or entry of a plea of guilty or nolo contendere. or state trial court of record relating to charges 1, 1989, as a result of jury verdict, nonjury trial, 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control 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. -24- and (if applicable) its Federal Employer Identification Number (FEIN) is: ,~~~~~~ °,~'`~~~ 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into 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. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (indicate which statement applies.) ~ Neither the entity submitting this sworn statement, nor any of its officers; directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has 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 its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the 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. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT HIS FO IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHI IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM TH LIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF E T RESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES R A EGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THI FQ (Signature The foregoing document was sworn and ~Efbsc produced as identification. ~®G~l~~®~9-~~1~6~, 06~c~o S0~ l~li!)~r~l~ ®ri~~ (Lanfan~, E~. ~~~6~ ~ho~e (b~1) ~~~-11~~ ~~x (~61 ~ ~S5-~~~ ibed before ~e this ~~ ~~ day of who .Zs personally known to me or ~~ ~, Notary P~lic ~ My Commission Expires: -25- av'!`i~~Y F[T~LIC~TATE OF FLO1tIL•~ °°"'°°P ~®sa IYI. Sanchez ~0 Cotamission ~DD82113g .~ Expires: ®CT. 22, 2012 RoiYU3D TI3~B ~`~f~aS7'!'~~ t~9NA~(6 69., F~16, BID BOND BIDDER (Name and Address): Johnson-Davis, Inc. _ 604 Hillbrath Dr Lantana, FL 33462 "~- __ SURETY (Name and Address and Principal Place of Business): SAFECO Insurance Comnanv of America 1001 Fourth Avenue, Safeco Plaza Seattle, WA 98154 Seattle WA OWNER (Name and Address): Village of North Palm Beach 501 US Hwy 1 North Palm Beach. FL 33408 BID DUE DATE:O1/18/2011 PROJECT: Culvert Repair and Replacement BOND: BOND NUMBER: ~I~a ~. d DATE (Not later than Bid due date): 01/18/2011 PENAL SUM:_ Five Percent of Amount Bid 5% of AMT BD (words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, sub}ect to the terms printed on the next page hereof do cause this Bid Bond to be duly executed on its behalf by its authorized officer, nt; or representative. BIDDER SURET.Y~----~ FA ECOInsuranc Johnson-Davi In Seal om an of A rtca Seal Eil en C. Heard, ~y~ By: ~ ,~,P., ;n-Fact and Florida Licensed Sig toe t! Signature and Title Resident Agent ( ac Power of Attorney) Attest: ~ Attest: Signature an itle Signature and itle -26- mL es® EXPERIENCE the POWER of PARTNERSHIP Insurance «! e~1®I~1IUtl~®IV'°®6'V ~l'la~y ~~1V~e 60~ ~111~~~4h ®~i~~ ~~n~a~a9 ~~. ~~~6~ POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **************EILEEN C. HEARD; MEGAN MANNING; RICHARD P. RUSSO, JR.; TANYA RUSSO; PETER A.THOMSON; Tampa, Florida************************************************************************************************ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 8th day of June 2010 Dexter R. Legg Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE "Article V, Section 13. -FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: No. 13007 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this ~ day of _aCE COMA. ~~p8~~4T~rQn 5EAL ~r I95~ ~ ~FOf NJASt~ JQ,~ 'T4 COf{-TE SEAL 19Z"s ~~0~1MaS~~~~ ~~ ~~ ~~ Dexter R. Legg, Secretary S-0974/DS 3/09 WEB PDF r~ ~ STATE OF FLORIDA „ DEPARTMENT OF BU _= CONSTRUCTION IND ].940 NDRTH MONRO ~~ba~+~ TALLAHASSEE SINESS AND PROFESSIONAL REGULATION USTRY LICENSING BOARD (B50) 487-1395 E STREET FL 32399-0783 JOHNSON, SCOTT JAMES _ JOHNSON-DAMS INCORPORATED ~` .'.~ ~ ' ~ - ' 604 HILLBRATH DRIVE ~ ~ ' LANTANA FL 33462 Congratulations! Wilh this license you become one of the nearly one million Floridians licensed by the Department of Suslness and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to Improve the ~vay we do business In order io serve you better For InformaUan about our services, please lag onto www.myfloridaticense.com. There you can find more informallon about our divisions and the regulations that impact you, subscribe to department newsletters and learn mare about the Department's initiatives. Our mission at the Department Is: License Elticlently, Regulate Fairly. We constantly strive io serve you better so that you can serve your customers. Thank you for doing business in Florida, and congralulaiions on your new license[ DETACH HERE .:..:- ;..•, - - _ - ri~-=t.. ... _.. .•.iti: ~.li_ ;:4 - :j._ :1.!.-~ - , = {: ~~= - 1~~ ~~;~ L~RlDi4: , - - ~; r:c~ •E~=OF F :P =i. '~STAT :, ~ - - - -_ - - _.Y.. _. - ~. ~` - _ _ _ - ~r~ ~~. - - - - vim... .. ~. - _. .. _ ' -.+_ /.. ,. _ ~~- ~I: - ~:iij:-~ ...~. - vbs.. ~ .,t - 'li` - :1"'.' ^ ~' 11~' "[ ids:'.. - ~.... i:::~ . ....... . ~ - _ _ i~ =~ ::Jr!~x.. .~~~ '. .- :~..DEPARTMENT--AF:''-BUS3NES~S•,AND-=PRQF-E•SSIONAIi=REGi?i;ATION - _ -`t' "=;i~~ _c: •-' _ •}- - -=Yr.G~1._ _ _ ~ '- T ='.CONSTRUCTION-'=INDUSTRX,==Ii•2CENS•ING; BOARD"_- - - - - - - - =t - ~= .-,a -: 1._ • „-~ • -- r r c::.,.:,.: =; >-e ,^~• -,rl.._:1.' 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I 11 ~ I ~ r N 1 ., q~ 7 { 1 ~ 1 I S t t,~ t _31~S~f-.~^. ~. ~~, yi ._{~~.r u I j I ' IIr ~ I -1 .r ,~ ~ , !- t ':, ) ~.t-' ;JOHNSO1Ja SCOTT JAME,Sr _ 't-' '-;r~_ r ~ t 1, .', ~ " t~ ~ =?i•~~%}:_-i1! ?,e:.~;.,:~ ~, ..,:~.::;; ;. ~ - ~i70HNS~)N=DAU~~S-IINCORPORATED- ,.I -' _y- _c 1. ^~ , -, -1 _ ~. r_~ t. 604±:HhL`LBRATH DRIVE i ..: ~~ ;~,'r , I:' `` u { ' ~_ , .LANTANA`.' '~ ~ F'L 334.62 _ _ _ i :~- - << - s CIiARLIE~ERIST ~" :, ': ,-:.+;-';: CAAE2L E>L -: ._ .,~ .' 1 ~ = 1 ~ -GOVERNOR- I, _ _ - _- - - __~,~ : _~ ;.,_... „ _- " 1 `I ~ ~ - -_,.TNTERIM -SECRET~IRY . -', - - ~ ~ - DISPLAY A5 REQUIRED I3Y LAW["; "~` ` ~.-;.; - _ ~ .~ ~_ Florida Bepar-trnent o f Trax~.sporta~ion CHARLIE CR1ST GOVERNOR 605 Suwonnee Street Tallohassee, FL 32399-0450 STEPFlANlE C. l:OPELOUSOS SECRETARY vCtaber 27, 2010 JOHNSON-DAVIS INC. 604 HILLBRA'TH DRIVE LANTANA FL 33962 Dear Sir/[Madam: P.E: CERTIFICATE OF QUALIFICATION The Department of Transportation has qualified your company for the asr,ount and the type of taork indicated below. Unless yrur company is notified otherwise, this ra*_ing o-+ill expire 12/30/2011. However, the ne~•+ application is due 10/31/2011. In accordance with S. 337.19 (1) F.S. your next application must be filed within (9) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. Section 337.14 (9) F.S. prr~vides that your r_ertificaL-e will be valid for i3 months after your financial sr_atement date. This gives a two month period to allotir you to bid on jobs as we process your new application for qualification. To r=main qualified with the Department, a new application must be suhmitted subsequent to any significant change in the financial position or the structure of your firm as described in Section i4-~2.005j3), Florida Administr~+_ive Cade. Your company's maximum capacity rating hzs been estzblished. To aCGess it, plc-ase luy into the Contractor ~requalification Application Sys tern via ttre *cllo4ring lin}:: https://warw3.dot.state.fl.us/ContractorPreQualification/ Once logged in, select "View" for the most recently approved application, and tt~~en c1icF: the "[Manage" and "Application Summary" tabs. E'GOT P.PFF.CVED t•JCRK CL ;StE5: DP.AIblAGE FDOT P.PPROVED SPECIALITY CLASSES OF WORK: UNDEP.GROUtdD UTILITIES, SANITARY SEWER, G;ATEP. MAIN, FORCE MP.IN. ~nn+vw.cfot.state.fl.us ®aecvc:fo acneu 1993-06316 STATE OF FLORIDA PALM ~EACIi COl1NTY LOCAL ~lJSI1VESS TAX RECEIPT E~CAORES: SE~TE~VIBER - 30 - 2011 JOHNSON DAVIS INC JOHNSON SCOTT J LOCATED AT 604 HILLBRATH DRIVE LANTANA FL 33462-1656 CW-008 CLASSIFICATION c/WIDE 185.85 TOTAL 185.85 This receipt is hereby valid for the above address for the period THIS IS IdOT A BILL - DO NOT PAY beginning on the first day of October and ending on the thirtieth day of September to engage in the business, profession or occupation of. UNDERGROUND UTILITIES PAID. PBC TAX COLLECTOR 185.85 BTR 049 01709501 08/25/2010 CUC043087 AGlIG~E ~-. GWNNOV~ T~IIS ®®C~D~EGm9T IS 9/ALI® 0~9LY @fl~~B(~Ve9 REC6:IPTED TAX COLLECTOR, PALAA BEACH COUNTY BY TAX COLLECTOR Appendix A Technical Experience Proiect Information Form Completed Projects Applicant: Johnson-Davis Inc. Project Title: Replacement of Culverts FC 1 and HP7, Herbert Hoover Dike Location: Glades County, Florida Project Description: At FC-1 work consists of removing the two existing 108" CMP culverts, concrete headwalls and flapgates and replacing them with two 108" CAP culverts, concrete headwalls at both ends, and aluminum combination flap/slide gates on the lakeside. At HP-7 work consists of removing the one existing 60" CMP culvert, concrete headwalls and flapgate and replacing with one 60" CAP culvert, concrete headwalls at the lake side end, a combination flap/slide gate on the lake side and an adjustable weir structure on the land side. Project Owner: Department of the Army-USAGE Jacksonville, FL 701 San Marco Blvd. Jacksonville, FL 32207-8175 Design Engineer: Department of the Army Jacksonville District, Corps of Engineers Jacksonville, Florida Customer Name: Asset Group Inc. 1635 SE 29th Street Oklahoma City, OK 73129 Contact Person: Mr. Kyle Looper P h :405-946-4400 Initial Contract Amount: $1,580,000.00 Final Contract Amount: $1,583,425.00 Appendix A Technical Experience Project Information Form Completed Projects Applicant: Johnson-Davis Inc. Project Title: Stormwater Treatment Area 1-Culvert 5-377 Replacement Location: Flying Cow Road, Palm Beach County, Florida Project Description: Removal and dispose of existing culverts, install new double 48" CAP culverts, supply and install 2 ea weir risers and gates, supply and install Rip Rap, bedding and fabric, supply and install Catwalk with stairs, Grading of slopes for Rip-Rap and Dewatering as needed for project. Stormwater Treatment Area 1- Culvert S-377 Replacement, W912EP-08-D- 0013 project. Project Owner: Jacksonville District Corps of Engineer 701 San Marco Blvd. Jacksonville, FL 32207-0019 Design Engineer: Department of the Army Jacksonville District, Corps of Engineers Jacksonville, Florida Customer Name: Asset Group Inc. 1635 SE 29th Street Oklahoma City, OK 73129 Contact Person: Mr. Mark Villeneuve P h :405-946-4400 Initial Contract Amount: $290,000.00 Final Contract Amount: $595,990.08 JOHNSON-DAMS, INC. 863 S. Kings Hwy Fort Pierce, FL 34945 Phone (?72) 468-9200 [lwnarl Fm~inrnPnt Fax (7721468-9202 Equip No. Manufacturer Model Year Bucket Capacity Digging Depth Bucket Width Operating Wt Metric Ton 20-28 Liebherr R912HDSL litronic 1995 3/4 cubic yds 22 ft 5 in 33 " 23.3 2p~7 Liebherr R934HDSL litronic 1999 1 '/z cubic yds 20 ft 8 in 61 " 28.8 mt 209 Inter -Drain 6050 HT 1997 Chain Cutters 18' N/A 30.2 20-40 Liebherr R912HDSL litronic 1999 '/< cubic yds. 22 ft 5 in 40 " 23.3 20-41 Liebherr R944HDSL litronic 1999 1 Yz cubic yds. 24 ft 5 in 60 " 35.0 20-42 Liebherr R924HDSL litronic 2000 1 1/3 cubic yds. 22 ft 7 in 49 " 25.3 . 20-43 Liebherr R934HDSL litronic 2001 1 '/: cubic yds. 20 ft 8 in 61 " 28.9 20-44 Liebherr R944HDSL litronic 2002 2.3 cubic yds. 24 ft 5 in 65 " 35.2 20-45 Liebherr R924HDSL litronic 2002 1.3 cubic yds. 22 ft 7 in 49 " 25.4 20-46 Liebherr R914HDSL litronic 2002 1.3 cubic yds. 20 ft 2 in 49 " 23.7 20-47 Liebherr R944HDSL litronic 2003 2.3 cubic yds. 24 ft 5 in 65 " 23.7 20-48 Liebherr R944 B HDSL litronic 2003 2.3 cubic yds. 24 ft 5 in 65 " 38.9 20-09 Liebherr R934 B HDSL litrinic 2003 1.5 cubic yds. 21 ft 10 in 61 " 30.2 200 Liebherr R934 B HDSL litrinic 2004 1.8 cubic yds. 21 ft 10 in 57" 32.2 203 Liebherr R944 B HDSL litronic 2005 2.3 cubic yds. 24 ft 10 in 65" 38.9 20-54 Liebherr R934 B HDSL litrinic 2004 1.8 cubic yds. 21 ft 10 in 57" 32.2 205 Liebherr R954 C HD Litronic 2007 4.0 cubic yds. 30 ft 78" .54.0 206 Komatsu PC308 USLC - 3E0 2007 1.6 cubic yds. 21 ft 2 in 55" 32.5 207 Liebherr R912 LC 1997 1.3 cubic yds. 22 ft 5 in 33" 14.9 Updated on 01108Y1009 UPDATED ON: 1!21/2010 1 of 1 Owned Equipment Equip No. Manufacturer Model Year Bucket Capacity Bucket Width HP 30-16 John Deere 544G 1996 2 3/4 cu yds 8'6" 120 30-17 John Deere 744E 1996 5 cu yds 9'10" 230 3+ CY Bucket 30-21 John Deere 644G 1996 4 cu yds 9'4" 170 3+ CY Bucket 30-23 John Deere 624G 1997 2 3/4 cu yds 8'6" 145 30-24 John Deere 624G 1997 2 3/4 cu yds 8'6" 145 30-25 John Deere 624H 1999 2 3/4 cu yds 8' 6" 145 30-26 Volvo L90C 1999 3.4 cu yds 8' 8" 162 30-27 BObCat (Capacity 2,400 Ibs.) 873G 2001 1/2 Cu yd 6' 73 30-28 Volvo L90D 2001 3.4 cu yds 8' 8" 162 30-29 Volvo L90D 2001 3.4 cu yds 8' 8" 162 30-30 John Deere 644H 2004 4 cu yds 9' 4" 175 30-31 Volvo L90E 2004 3.4 cu yds 8' 8" 159 302 Liebherr L544 2006 4.3 cu yds 8' 10" 165 30-33 Volvo L70E 2006 3.3 cu yds 8' 8" 154 30-34 Liebherr L438 2006 2.75 cu yds 8' 2" 134 30-35 Volvo L120E 2006 4.7 cu yds 9' 5.5" 224 30-36 Volvo L90 E 2006 3.4 cu yds 8' 8" 159 30-37 Volvo L110 E 2005 4.1 cu yds 9' S" 231 Updated on 01/08/2009 J®HNSON-DAMS, INC. 863 S. Kings Hwy Fort Pierce, FL 34945 Phone (772) 468-9200 Fax (772) 468-9202 UPDATEG ON: 1!21/2010 Owned Eaulpment Equip No Description Year Size Manufacturer Engine Cooling Sysfem Water or Air 10-01 Wellpoint Pump (centrifugal) 1975 10" Complete Deutz - 6 cyl Diesel Air 10-03 Wellpoint Pump (centrifugal) 1977 10" Complete Deutr - 6 cyl Diesel Air 10-11 Wellpoint Pump (centrifugal) 1978 10" Complete Deutr - 6 cyl Diesel Air 10-13 Wellpoint Pump (centrifugal) 1979 6" Complete Deutr - 3 cyl Diesel Air 10-i6 Wellpoint Pump (centrifugal) 1984 10" Complete / J-D Deutr - 6 cyl Diesel Air 10-19 Wellpoint Pump (centrifugal) 1984 10" Complete Deutz - 6 cyl Diesel Air 10-20 Wellpoint Pump (centrifugal) 1985 10" Complete Deutr - 6 cyl Diesel Air 10-26 Hydraulic Pump 1988 8" M & W Deutz - 4 cyl Diesel Air 10-28 Jet Pump (diesel engine) 1985 4" Thompson Deutr - 6 cyl Diesel Air 10J0 Double Diaphragm 1980 4" Thompson Lombardini - 1 cyl Diesel Air 10-01 Wellpoint Pump (centrifugal) 1994 10" Complete / J-D John Deere 6cyl Diesel Water 10-03 Wellpoint Pump (centrifugal) 1995 6" Johnson -Davis Deutr - 5 cyl Diesel Air 10J5 Wellpoint Pump (centrifugal) 1995 8" Holland Perkins - 4 cyl Diesel Water 1036 Hydraulic Pump 1994 4" Holland Perkins - 4 cyl Diesel Water. 10J8 Wellpoint Pump (centrifugal) 1995 8" Holland Perkins - 4 cyl Diesel Water 10-40 Jet Pump 1994 4" Thompson Lombardini - 4 cyl Diesel Air 10-01 Wellpoint Pump (centrifugal) 1995 8" Holland Perkins - 4 cyl Diesel Water 102 Wellpoint Pump (centrifugal) 1997 10" Complete John Deere 6cyl Diesel Water 104 Trash Pump 1998 6" Complete Deutr 4 cyl Diesel Air 1015 Jet Pump 2000 4" Compleie John Deere 4 cyl Diesel Water 106 Wellpoint Pump (centrifugal) 2002 8" Complete John Deere 4 cyl Diesel Water 10~t8 Trash Pump 2003 6" Complete John Deere 4 cyl Diesel Water 10-09 Wellpoint Pump (centrifugal) 2003 8" complete Join Geere 4 cyi Diesei Water 10-00 Hydraulic Pump 2003 4" M W I Deutz - 4 cyl Diesel Air 10-02 Wellpoint Pump (centrifugal) 2005 8" Complete John Deere 4 cyI Diesel Water 104 Wellpoint Pump (centrifugal) 2006 8" Complete John Deere 4 cyl Diesel Water 10-b5 Hydraulic Pump 2006 12" Holland John Deere 6 cyl Diesel Water 10-06 Hydraulic Pump 2003 8" MWI John Deere 6 cyl Diesel Water Updated : 01/08/2009 .'Cj~.~~'~iSLN-DAVIS, INC. c63 S. Kings Hwy €~~~~i fierce, FL 34945 1'"one (772) 468-9200 fax (772) 468-9202 UPDATED ON: 1/21!2010 SECTION 16 - PUMPING Calculations based on Blue Book Rates (1st Qtr 2004) Centrlfuoal and/or Dlanhraom Pvs 16-11 thru 16-12 Equip No Description Year Size Manufacturer Engine Gas, Diesel or Electric Horse Power Gallons Per Min Gallons Per Hr 12-07 Diaphragm 1982 3' Homelite Briggs/Stratton Gas 3.5 80 4800 12-24 Test 1984 3/4" Hypro BriggslStratton Gas 5 8 480 12-29 Test 1991 3/4' Rice Briggs/Stratton Gas 5 8 480 12-30 Diaphragm 1987 3" Homelite Briggs/Stratton Gas 3.5 80 4800 12-02 Diaphragm 1990 3' CHBE BriggslStratton Gas 3.5 80 4800 12-34 Diaphragm 1990 3" CHBE BriggslStratton Gas 3.5 80 4800 12-36 Diaphragm 1990 3' CH8E BriggslStratton Gas 3.5 80 4800 12-38 Test 1996 1.5" Hypro Duetz Diesel 27 65 3900 12-43 Test 1999 3/4" J-D Honda Gas 5 11 660 12-46 Hydrostatic Test Pump 2000 3/4" Rice Honda Gas 5 9.5 570 Owned Equipment Equip No Description Year Size Manufacturer Engine Gas, Diesel or Electric Horse Power Gallons Per Min Gallons Per Hr Submersible OR Self Priming 12-09 Trash (Self Priming) 1995 3" Multiquip Honda Gas 8 328 19680 120 Trash (Self Priming) 1998 2" BriggslStratton Gas 3 125 7500 12-41 Trash (SeB Priming) 1999 3" Multiquip Honda Gas 8 328 19680 12-44 Trash (Self Priming) 2000 3" Multiquip Honda Gas 8 328 19680 12-45 Trash (Self Priming) 2000 3" Multiquip Honda Gas 8 328 19680 12-48 Trash (SeH Priming) 2001 3" Multiquip Honda Gas 8 328 19680 12-50 Trash (SeK Priming) 2003 3" Multiquip Honda Gas 8 328 19680 12-51 Trash (Self Priming) 2003 3" Multiquip Honda Gas 8 328 19680 12-02 Trash (Self Priming) 2003 3' Multiquip Honda Gas 8 328 19680 12-53 Trash (Belt Priming) 2003 3" Multiquip Honda Gas 8 328 19680 12-55 Trash (Self Priming) 2004 3" Multiquip Honda Gas 8 328 19680 12-56 Trash (Belt Priming) 2004 3" Multiquip Honda Gas 8 328 19680 12-57 Trash (Self Priming) 2004 3" Multiquip Honda Gas 8 328 19680 12-59 Trash (Self Priming) 2006 3" Multiquip Honda Gas 8 328 19680 Updated: 01/08/2009 JOHNSON-DAMS. ~i~~~'~ 863 S. Kings ~-,i.,ry Fori Pierce, FL 341;5 Phone (772) 468-~2~0 Fax (772) 468-92~? UPDATED ON: 1!2112010 Scott: J. Johnson EDUCATION: B.S. Civil Engineering, Bucknell University, Lewisburg, PA ] 976 WORK HISTORY Johnson Davis Inc., Lantana, Florida 1992 to Present President- Various tasks including estimating, project management, job costing, purchasing, and corporate management for the utility contracting company with excess of 150 full lime employees. 1981 to 1992 Project Manager/Estimator-bid new projects and managed private and municipal projects up to $4 million. l 977 to 1981 Pipe Foreman for new subdivision infrastructure construction. Crews consisted of between four and nine employees. Palm Beach Utilities, Palm Beach Gardens Florida i 97b to 1977 Duties included utility inspections and land surveying RELATED ACCOMPLISHEMNTS 1987,1993,2001 President of Underground Contractors Association of South Florida 1995 President of East Coast Chapter of Associated General Contractors 1989,] 998,1999 President of Underground Utility Contractors of Florida Certified Underground Utility and Excavation Contractor State of Florida-License #CU-C043087 JOHNSON-DAVIS, INC. 604 HILLBRATH DR. LANTANA; FL 33462 CHRISTOPHER JOHNSON EDUCATION: Bachelor of Business Administration, Stetson University Deland, Florida 1981 WORK HISTORY Johnson-Davis Inc. Lantana, Florida 1992 to Present Secretary 1 Treasurer 1 Operations Manager Oversees the field operations of 150 field personnel in several Southeast Florida counties. Du.iies include the scheduling for 16 crews, coordination of the maintenance and transportation departments and monitoring the overall effectiveness of the field operation. 1983 to 1992 Promoted to General Superintendent. Duties included scheduling of all field crews. Operated belvveen three to twelve crews in the construction of municipal and private infrastructure improvements. 1981 to 1983 Pipeline Crew Foreman supervising 7 to 10 employees. RELATED ACCOMPLISHMENTS Competent Person Certification Trained in CPR JOHNSON-DAVIS, INC. 604 HILLBRATH DR. LANTANA; FL 33462 Robert A. Hopler EDUCATION: B.S. Civil Engineering, Bucknell University, Lewisburg, PA 1976 MBA, Rutgers University, Newark, NJ l 983 WORK HISTORY Johnson Davis Inc., Lantana, Florida Present Controller- Duties include financial management and reporting as well as corporate management Nordic Contracting Co., Inc. 2004 to 2006 Controller-Nordic Contracting Co., Inc., a heavy construction/concrete construction contractor in New Jersey. Stroud-Hopler, Inc. 1983 to 2004 President and sole stockholder of Stroud-Hopler, Inc., a heavy highway construction company. Contracting in both the public and private sectors, customers included municipalities, counties, NJDOT, as well as private utility companies, industry, and developers. Work included paving, sitework, road, and utility construction. 1980 to 198.3 Project Manager/Site Supervisor for Stroud-Hopler, Inc. Nichols En~ineerin~ And Research 1978 to 1980 Project Engineer for Nichols Engineering and Research, Be11e Meade, NJ Willis & Paul 1976 to 1980 Project Engineer for Willis & Paul, Denville, NJ RELAT~~ ACCOMPLISHi~NTS NJ Licensed Professional Engineer JOHNSON-DAVIS, IN 604 HILLBRATN DR LANTANA. FL 3346' ROBERT E. SPINK EDUCATION: Seaford High School, Seaford, New York Class of 1962 Slate University of New York Agricultural & Technical College at Farmingdale, NY A.S.A. 1965 WORK HISTORY Johnson-Davis Inc., Lantana, Florida 1987 to Present Company Vice President and Project Manager. Company representative at Pre-Construction and Project meetings. Ordering of materials, billing and job coordination for private and public utility projects. 1981 to 1987 Superintendent. Directly responsible for the supervision of storm drainage, sanitary sewer, water and forcemain crews. 1977 to 1981 Foreman/Assistant Superintendent. Field foreman installing storm drainage, sanitary sewer, water and forcemains. L.C. Morris Inc. ,Miami, Florida 05173 to 09/77 SuperintendenUEstimator for this heavy construction company. Duties included estiiiiatirig and supervising various projects; roads, storm sewers, water lines and sanitary sewer. Rocke ~ Johnson Inc., Hauppauge, NY 1969 to 04173 Superintendent/Estimator for this heavy construction company. Duties included estimating, contract negotiations, site visits and supervising all phases of construction on a variety of projects which included excavating of suitable and unsuitable materials, land clearing, pile driving, storm drainage, sanitary sewer and rip rap. Gifford Construction Company, Melville, NY 06/62 to 09/66 Laborer on storm drainage crew. 09/66 to 01/69 Estimator/Assistant Field Superintendent for this heavy construction company. Duties included estimating on excavation, drainage and sewer projects. Support field superintendent v~ith managing and scheduling crews. JOHNSON-DAMS, INC. 604 HILLBRATH DR. LANTANA. FL 33462 ~~~ ~~ ~~~ ~r-ter~~c ~- 200<-200 ~iohnsQn-~~~,~is inc. L~r;tena F~. ~^~P~e~~~~l~e jU(~FE`\fEse Y'fO~eCi~ nQrC!l O~i rOR ~IerC? LLi'~y2-Lr~1' ~;oi~n€an-~C\fls ii`6C'. L~rl'taria ~~. ~cse~c~,,c~:c t~a~eE~t-i~ ~~~~ €~,.~-t~~L~c~~t drein~~e 1~~!~ter n~t?Ens "' ~.Tel'c`~i E o iGEv t.~`l X008-2002 Johnson-t?~\~is inc. L~rltane FL. ~~~~~~~ ~: ~~a~t~~~~°~e~,ct~~€= G Tr. ~lneQ ernplovee' s aF lI ~~Ul~ii 1 tenl e ~~,rorKed on ~t~ain line pipe cre~hr ~oe~er, ribber lire b~cl:hoe, trackhoe, railer l ~J`J-"L ~~.~ i~er~'v ~Cr1~tC~CTiOf i ~u'E%li/ , ~~ ~l:ryF_~ G'-F~FT~y ~:,~~F;~; ('g'.C:~Cz~F`. `y5;~`i~"i. ~~F r~,..,-Ems..-.° ~ °, t,-.G ` l7 tCi+E lGU: ~JlSI d'~ G' I~e.1~}t ~I C ~~°CO:k. e ihlr,r`-I,-e!~ e r e !e°~ .: rears e e pl,~ i~_...., ,j F\~o\rea lip to an operator ~ veers c(~~~5~~ueC~i~ Gi~SS vi i~80 South Fort i-tigh jCRC3G[ jiU~ri, FL. Gre~u~`e~ ~? ( in ~ cf~ss 0~~ FIrSt tern ?!! stefc- llneb~ci;er ~~.~~~-.~:tE.F~..K..:. "..~'.~ , U.~.~. ~n~ ~%. ~. ~..Yi. ~~c llile~ lil ireniii ..~Ee~V ~~~~ ~:~tr~f%1'~ nIiE~SIIrF ~\ti~lCe ~nQ IOU \~dIS! On~\.' C~.1: C~.ne ;IfTiF.~ ~~..ric ~('~er!u:. PETE OJA EDUCATION: • Lake Worth High School, Lake Worth, Florida, Class of 1976 • South Technological School,'Ft. Lauderdale FL., 1977 WORK HISTORY Johnson-Davis, Inc., Lantana, Florida: 2000 to present Project Manager. Company representative at Pre-Construction and Project meetings. Ordering of materials, billing, and job coordination for private and public utility projects. 1986 to 2000 Superintendent. Liaison between Project Manager and Foreman overseeing field operations of storm drainage, sanitary sewer, water, and forcemain crews. Widell Associates, Inc., Davie, FL. 07/1977-0411986 Foreman. Supervising all aspects of Main Line Pipe Crew operations. JOHNSON-DAUIS, IN( 604 HILLBRATH DR. LANTANA. FL 3346 PHIL CARTALES, JR. EDUCATION: • Strongsville High School, Strongsville, Ohio, Class of 1982 • AGC Heavy Equipment Apprenticeship Program West Palm Beach, FL, Certified 1986 WORK HISTORY Johnson-Davis, lnc., Lantana, Florida: 2004 to present Project Manager. Company representative at Pre-Construction and Project meetings. Ordering of materials, billing, and job coordination for private and public utility prajects. 1990 to 2004 Superintendent. Liaison between Project Manager and Foreman overseeing field operations of storm drainage, sanitary sewer, water, and forcemain crews. 1987 to 1990 Foreman.. Field supervisor responsible for 7 to 10 person crew installing storm drainage, sanitary sewer, water and forcemains. Robert 8~ James Construction Co, Inc., Strongsville, Ohio. 02/1987-06/1987 Foreman. Supervising all aspects of Main Line Pipe Crew and ran various heavy equipment. Florida Stradtman. Inc.. West Palm Beach. Florida 1983-1987 Foreman. Supervising all aspects of Main Line Pipe crew operations. Heald Equipment Operator: Track Excavator; Rubber Tire Back Hoe, Front End Loader, promoted to Foreman. JOHNSON-DAVIS, INC. 604 HILLBRATH DR. LANTANA. FL 33462 KERRY S. JACKSON EDUCATION: • Heslett High School, Heslett,; Michigan, Class of 1988. WORK HISTORY Johnson-Davis Inc. Lantana, Florida: 2001 to present Superintendent. Liaison between Project Manager and Foreman overseeing field operations of storm drainage, sanitary sewer, water, and forcemain crews. 1998 to 2001 Foreman. Field supervisor responsible for 7 to 10 person crew installing storm drainage, sanitary sewer, water and forcemains. Underground Industries Inc. West Palm Beach, Florida 1991-1998 Pipe Layer/Heavy Equipment Operator: coordinate the installation of water, sanitary sewer, and storm drainage pipe as well as operate track excavator, rubber tine back hoe, and front end loader, as required. Orton Construction West Paim Beach, Florida 1987-1991 Pipe Layer: coordinate the installation of water, sanitary sewer, and storm drainage pipe. JOHNSON-DAVIS, {NC. 604 HILLBRATH DR_ LANTANA. FL 33462