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HomeMy WebLinkAbout12152010 Agenda Attachment - Hangar B Bid DocsMUNICIPAL A I R P O R T AGENDA TRANSMITTAL for DESIGN -BUILD CONTRACT HANGER "B" at SEBASTIAN MUNICIPAL AIRPORT DECEMBER 15, 2010 Subject: Hanger `B' design Award Agreement for design construction services Ap ro s or Submittal by: -build Bid -build Agenda No. Department Origin: Airport Director: Finance Director: City Clerk: S.A. City Attorney: Date Submitted: For Agenda of: Municipal ',As J. Griffin --1g; K. Killgore Moe Maio ___L R. A. Ginsburg December 8, 2010 December 15, 2010 I. J A A fln I er, City Manager Exhibits: 1. RFP package w /Addendums 1 2: 2. Bid Results 3. Ahrens' Technical Proposal; 4. Ahrens' Financial Proposal; 5. Design -Build Services Agreement EXPENDITURE REQUIRED: $1,304,022 AMOUNT BUDGETED: $1,450,000 APPROPRIATION REQUIRED: -0- ai OF SLBATIAN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL SUMMARY On January 14, 2009, City Council approved a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) that provided grant funding for the purpose of constructing hanger(s) at the Sebastian Municipal Airport (SMA). Airport staff marketed the FDOT "Hanger Grant" as an economic development incentive to lure new aviation business to Sebastian. After marketing efforts, on August 11, 2010, Council approved a lease agreement with V- Raptor Aircraft to occupy Hanger `B.' As part of the lease agreement; V- Raptor plans to use the Hanger B facility as a final assembly location and showroom for aviation development/sale. The result of this transaction will bring new "target industry" to SMA and create 20 new jobs. Also on August 11, 2010, Council approved a financial transfer of $290,000 from Discretionary Sales Tax revenues to the SMA which serves as the 20% match for the $1,160,000 FDOT grant. This action established the $1,450,000 Hanger `B' facility budget. On October 13, 2010, advertising began for the design/build RFP (Exhibit 1). On November 12, twelve (12) proposals were received and opened (Exhibit 2 -A) and announced publically. A Selection Committee consisting of: Al Minner, City Manager; Wayne Eseltine, City Building Official; and Joe Griffin, Airport Director was tasked with evaluating the technical /financial proposals. However, prior to the first meeting of the Section Committee, the apparent low bidder Barth Construction (Vero Beach, FL) submitted notice indicating they wished to withdraw their bid from consideration because they inadvertently left out a significant estimate for site work in their ITEM COST Base Bid $1,189,000 Add Alt 1: Generator 56,920 Add Alt 2: Hydro -Swing Door 26,054 Add Alt 5: Hurricane Window 898 Add Alt 6: Comm Drops 1,650 Add Alt 7: Fire Protection System 29,500 TOTAL AHRENS CONTRACT $1,304,022 proposal. Formal notice was received by the City and their request was granted (Exhibit 2 -B). Next, the Selection Committee chose two (2) low bidders for formal interviews, which were conducted on November 18, 2010 at 1:00 PM. Certified General Contractors of Melbourne, FL (hereinafter Certified), and Ahrens Enterprises of Lake Park, FL (hereinafter Ahrens) responded to public interviews in front of the Selection Committee. Each proponent was given an approximately 10 minute opening statement, followed by questions from the Committee, and ending with a proponent closing statement. Discussion between the members of the Selection Committee centered on which proposal was most inclusive and provided the best product. Because of the $250,787 difference between the companies, the Committee thoroughly examined a number of issues which included, but was not limited to (1) site elements in the base bid; (2) mandatory floor drain design; (3) fire suppression systems; and, (4) impact fees. After significant discussion, it was determined that the low bidder, Certified, had failed to include a number of items in their proposal. To determine if these items were financially significant, the Committee held more discussion on the matter, not being able to clearly determine whether, if included, these items would have increased Certified's proposed cost to an amount above Ahrens. Finally, it was determined that Certified was qualified and displayed the proper understanding of the project. As a result the Committee made a motion to recommend the selection of Certified to the City Council by a 2 to 1 vote. When Airport staff began to prepare a Construction Agreement with Certified, Certified indicated that they wanted to amend their base bid amount to include the costs the Committee identified. When this information was discussed in more detail, the City's position was that Certified's bid could not be significantly altered without jeopardizing the fairness of the competitive bid process. As a result, on Saturday, November 20, the City Manager received a withdrawal request from the President of Certified. That request was formalized two days later (Exhibit 2 -C). On Tuesday, November 23, 2010, the Selection Committee publically reconvened. With the two lowest bidders voluntarily withdrawing their bids, Ahrens was now the lowest and most responsive proposal. As such, the Committee unanimously recommended that Council award the Hanger `B" Construction Contract to Ahrens. In preparing the Ahrens Construction Contract for Council review, staff is recommending the Base Bid, plus Alternatives 1, 2, 5, 6, and 7 for a total contract price of $1,304,022. Total funds available for the project are $1,450,000 (up to $10,000 as been allocated for engineering/design consulting fees). Below is a chart summarizing the items in the Construction Agreement: RECOMMENDED ACTION Award Ahrens Companies the contract for Design -Build of the Hanger `B" project at the Sebastian Municipal Airport in the amount of $1,304,022. CTYOF HOME OF PELICAN ISLAND BID DOCUMENTS SEBASTIAN MUNICIPAL AIRPORT DESIGN -BUILD SERVICES FOR HANGAR B Prepared By: III NEED-- SCHAFFER Solutions you con build upon NEEL SCHAFFER, INC. 1201 19 Place, Suite A -100 Vero Beach, Florida 32960 (772)770 4707 FAX (772) 770 -4640 For: CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 OCTOBER 15, 2010 NOTICE OF INVITATION TO BID SEALED BIDS FOR A LICENSED CONTRACTOR TO PROVIDE "SEBASTIAN MUNICIPAL AIRPORT DESIGN -BUILD SERVICES FOR HANGAR BUILDING B" WILL BE ACCEPTED BY THE CITY OF SEBASTIAN, 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958, UNTIL 1:00 PM ON FRIDAY, November 12, 2010. BID ENVELOPES ARE TO BE MARKED AS FOLLOWS: BID: DESIGN -BUILD HANGAR BUILDING B BID OPENING: FRIDAY NOVEMBER 12, 2010, beEinnina at 2:00 P.M. The City of Sebastian is seeking bids from licensed contractors to provide "DESIGN BUILD SERVICES FOR HANGAR BUILDING B" at the Sebastian Municipal Airport located in the City of Sebastian. The Contractor shall be able to be properly licensed in the City of Sebastian and shall provide proof of insurance to conduct its business, with all licenses, permits, certificates as may be required by all local, State of Florida, and Federal Agencies. The Contractor shall submit a current license from the State of Florida must be capable of obtaining the appropriate licenses and certificates to perform the project in the City of Sebastian. Contractors interested in submitting a bid may pick up or request a bid package, available on Friday, October 15, 2010, containing instructions for bidders and specifications from the City Manager's office located at City Hall on the second floor at 1225 Main Street, Sebastian, Florida 32958. There is a non refundable cost of $40.00 for the bid package. All items bid shall conform to the Bid Documents unless specifically approved in advance in writing by the City. Any person or affiliate who has been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid as proscribed by Section 287.133, F.S. All questions concerning this bid should be directed to Neel Schaffer, Inc, the City's Engineers of Record for this project, at the Neel Schaffer offices located at 1201 19 Place, Suite A -100, Vero Beach, Florida 32960 by email: Frank .Watanabe@neel- schaffer.com All comments need to be submitted by November 1, 2010. There is a non mandatory pre -bid conference scheduled to begin at 10:30 A.M. on Wednesday, October 27, 2010, at the Airport Administration Building, 202 Airport Drive East, Sebastian, FL 32958. The meeting will be followed by a field visit and further explanation of scope of work. Bids duly submitted will be publicly opened and read aloud at the date and time specified above in the City Hall council Chambers. The City reserves the right to reject any and all bids, or to accept any bid or portion thereof deemed to be in the best interest of the City, and to waive any non substantial irregularities. BY: City of Sebastian ,Joe Griffin, Airport Director Al Minner, City Manager C-3) C CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B TABLE OF CONTENTS TABLE OF CONTENTS 1 ADVERTISEMENT 2 STANDARD TERMS AND CONDITIONS 3 PROPOSAL FORMAT AND CONTENT 7 PROPOSAL EVALUATION, SELECTION AND AWARD PROCESS 8 DESIGN CRITERIA 10 General Site Requirements 10 Existing Information 10 Site Drainage 10 Site Fencing 11 Pavement 11 Landscaping 11 Utilities 11 Permits 12 Contacts 13 EngineeringArchitectural Specifications 13 Additive Bid Items 22 APPENDIX A: PRICE PROPOSAL FORM 24 APPENDIX B: OTHER PROPOSAL FORMS 26 ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) 28 ATTACHMENT 2 (DRUG -FREE WORKPLACE FORM) 32 ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) 34 ATTACHMENT 4 (BID BOND) 36 ATTACHMENT 5 (DESIGNATION OF SUBCONTRACTORS) 38 ATTACHMENT 6 FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE STATEMENT 40 APPENDIX C: CONSTRUCTION SERVICES AGREEMENT 42 1.0 EMPLOYMENT OF CONTRACTOR 42 2.0 AGREEMENT DOCUMENTS 42 3.0 DEFINITION OF TERMS 43 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 47 5.0 MATERIALS AND WORKMANSHIP 50 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 52 7.0 PROGRESS AND COMPLETION OF WORK 54 8.0 PUBLIC HEALTH AND SAFETY 57 9.0 ENGINEER, CITY, CONTRACTOR RELATIONS 62 10.0 MEASUREMENT AND PAYMENT 65 11.0 PUBLIC CONTRACT REQUIREMENTS 70 12.0 MISCELLANEOUS 73 APPENDIX D: PRELIMINARY PLANS 76 Page 1 of 76 15- October -2010 0 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ADVERTISEMENT CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSAL DESIGN -BUILD SERVICES FOR HANGAR BUILDING `B" 15- OCTOBER -2010 This is a publicly advertised Request for Proposals (RFP) to provide design -build services for the City of Sebastian Municipal Airport Hangar Building `B including providing design and construction of 15,000 SF pre- engineered metal building, construction of site improvements, and other ancillary services. Proposal packages are to be mailed or hand delivered to the City Manager's Office (c /o Jean Tarbell tel. 772 -589 -5330 772 388 -8203) at Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958. The deadline for the City's receipt of any PROPOSAL PACKAGE SUBMITTALS IS 1:00 PM ON FRIDAY, NOVEMBER 12, 2010. Proposals received after the specified time will not be accepted. One (1) original (marked "ORIGINAL and three (3) copies of all Proposal sheets and required attachments must be executed and submitted in a sealed envelope clearly and prominently marked on the front "PROPOSAL FOR DESIGN -BUILD SERVICES FOR HANGAR BUILDING B" with proponent's name, return address, telephone contact number, and email address also clearly identified on the outside of the sealed envelope. Material changes, if any, to the scope of services or proposal procedures must be in writing (email transmittals allowed) to be effective. Also note that in the interest of timely and accurate communications, correspondence by email transmittal is preferred during this RFP process. Oral interpretations clarifications will be without legal effect; any matter of this nature must be addressed in writing. There is a NON MANDATORY PRE PROPOSAL MEETING for all qualified prospective proponents scheduled to begin at 10:30 AM ON WEDNESDAY OCTOBER 27, 2010 at the Sebastian Municipal Airport Administration Building, 202 Airport Drive East, Sebastian, Florida. Firms interested in submitting a response to this RFP agree not to contact (lobby) City Council Members, Selection Committee Members, or any employee or agent of the City at any time during the solicitation period and selection process, except written inquires may be directed through Airport Consultant Engineer Frank Watanabe, frank.watanabe(a neel- schatfer.com. All comments need to be submitted by November 1, 2010 and no comments will be taken after that date. Any other contact with City staff will be considered inappropriate and subject your proposal to rejection disqualification. Page 2 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B STANDARD TERMS AND CONDITIONS ACCEPTANCE AND REJECTION: The City reserves the right to accept or reject any and all proposals, and to accept the proposal best serving the interests of the City. The City may modify the scope of work, or award sections of the work individually or collectively, depending on the best interests of the City. AMENDMENTS ADDENDA: No amendments or addenda to this RFP are valid unless provided in writing. Any amendments or addenda to this RFP shall be transmitted in writing to those prospective Design -Build Proposers recorded with the City's Engineer of Record (Neel- Schaffer, Inc.). AVAILABILITY OF FUNDS: The obligations of the City of Sebastian under this RFP and any award are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the City of Sebastian. AWARD: Award, if any, will be based on a number of factors including but not limited to projected overall project cost, demonstrated qualifications and capabilities of Design -Build Proposer, and proposed management and methodology for the Project. BONDS: A proposal bond is required, and performance and payment bonds will be required prior to any executed agreement, as set forth below: A Proposal Bond equal to at least five percent (5 of the proposal amount shall be required on this project, and must be submitted along with the Proposal. The Design -Build Proposer warrants that the terms and conditions quoted in the proposal will be firm for acceptance for a period of not less than one hundred twenty (120) days from the submittal deadline date. Such terms will remain firm for the period of performance of resulting purchase orders or contracts which are to be performed. Unsuccessful Design -Build Proposers shall be entitled to a return of the Proposal Bond surety after final award. A successful Design -Build Proposer shall forfeit the amount of its security upon failure on his /her part to execute an agreement within ten (10) days after receipt of a proposed agreement from the City unless the time for executing the agreement is extended by the City. A Payment and Performance Bond equal to one hundred percent (100 of the Agreement price shall be required on this project, and shall be provided by the successful Design -Build Proposer at the stipulated time of the execution of the agreement. Failure to do so shall cause said Design Build Proposer to be in default and forfeit his Proposal Bond in its entirety. The required bond(s) shall be provided by a surety company authorized to do business in the State of Florida and approved in writing by the City. In lieu of bond(s) the contractor may furnish a certified check, a cashier's check or an irrevocable letter of credit as security in favor of the City. Such check or letter of credit shall be drawn on or issued by a bank authorized to do business in the State of Florida. The form of the security must be approved in writing by the City Attorney. Attorneys -in -fact who sign Bonds must file with each bond a certified and effective dated copy of their Power of Attorney. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State of Florida. CONFLICT OF INTEREST: Design -Build Proposers must certify any proposal has not been subject to any collusion or conflict of interest involving any City official, City employee, or City agent, or otherwise Page 3 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B in violation of federal, state, or local laws. Contract Award is subject to provisions of State Statutes and City Ordinances. All Design -Build Proposers must disclose with their proposal the name of any officer, director, or agent who is also an employee of the City of Sebastian; further, all Design -Build Proposers must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10 or more in the Design -Build Proposer's firm or any of its branches. Should the successful Design Build Proposer permanently or temporarily hire any City employee who is, or has been, directly involved with the Design -Build Proposer prior to or during performance of the resulting contract, the Agreement shall be subject to immediate termination by the City. CORRECTIONS, CANCELLATION, WITHDRAWAL: Design -Build Proposers may be asked to provide further information after Proposal opening as the City determines in its sole discretion is needed to further determine the responsiveness and /or responsibility of the Design -Build Proposer. Information submitted after the submittal deadline may not be considered if it has been specifically requested to be provided with the proposal and becomes a matter of responsiveness. The proposal shall be considered responsive if it substantially conforms to the requirements of the Request for Proposal. The City may waive any informality, technicality, or irregularity on any proposal. A minor or non substantive lack of conformity may be considered a technicality or irregularity which may be waived by the City. Cancellation or Postponement: The City may cancel or postpone the proposal opening or cancel the Request for Proposals in its entirety. Withdrawal: Prior to any published deadline submittal date and time, a Design -Build Proposer may withdraw his/her proposal in writing. A fax or email transmittal is permitted for this purpose, provided a confirming telephone call is made. Amendments: Prior to any published submittal deadline date and time, a Design -Build Proposer may amend the proposal provided that it is in writing, in a sealed envelope, and identified. DEVIATION FROM SPECIFICATIONS: Any proposed deviation from the design guideline outlined in the RFP must be clearly stated and explained in writing. City's acceptance of any such deviations must be in writing to have legal effect. Otherwise, items proposed are expected to be in strict compliance with outlined design guidelines and Design -Build Proposers will be held accountable accordingly. DISCRIMINATION: The Design -Build Proposer shall not practice or condone personnel or supplier discrimination of any nature whatsoever which is in any manner proscribed by Federal or State of Florida laws and regulations. ECONOMY OF PREPARATION: Proposals in response to this RFP should be prepared simply and economically. They should provide a straightforward, concise description of the proposed terms and conditions, the Design -Build Proposer's capabilities, and a clear basis for further substantive discussion and negotiation. INFORMALITIES: The City reserves the right to waive any minor informality in Proposals and to determine, in its own discretion, whether or not such informality is minor. Page 4 of 76 15- October -2010 8 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B INSURANCE: Certificates of Insurance meeting or exceeding the stipulated amounts must be provided and approved by the City upon the execution of any agreement and prior to the commencement of any work. INTERPRETATIONS: No interpretation provided by the City and /or its Engineer of Record affecting the eventual outcome of this RFP shall have legal effect unless it is in writing. LICENSING, CERTIFICATION, AND REGISTRATION: Design -Build Proposers may contact Wayne Eseltine at the City of Sebastian Building Department (772 -589 -5537) to ensure compliance with all City ordinances, rules and regulations, including Building Permits if required. Lack of knowledge by the Design -Build Proposer shall in no way be a cause for relief from responsibility. A certificate or letter showing compliance with the City's Contractor Licensing requirements must be obtained from the City's Building Department, and is required on this project prior to execution of a contract, and shall be submitted with any payment/performance bonds which may be required. In essence, this authorizes you to perform work in the City of Sebastian. Any Sub Contractor(s) must also be certified. LIQUIDATED DAMAGE CLAUSE: The proposed schedule for project completion is not to exceed the amount of time specified in the price proposal form beginning on the day date of Notice to Proceed. There will be a liquidated damage clause for application by the City accordingly. See section regarding Liquidated Damages. MODIFICATIONS: The City reserves the right to negotiate a final agreement with a Design -Build Proposer to more fully meet the needs and best interests of the City. PATENTS, COPYRIGHTS, AND TRADE SECRETS: Design -Build Proposers agree to hold harmless the City, its officers, employees, and agents from liability of any kind with respect to any claim regarding intellectual property rights. Design -Build Proposers should not include trade secrets in their submittals. PROPOSALS: Rules regarding proposal submittals include (but are not limited to) the following: Late proposals and proposals which do not conform to the instructions contained in the Request for Proposals will not be considered. Proposals may be withdrawn provided that such notices are received in writing prior to the date and time specified as a submittal deadline in the RFP. Design -Build Proposers shall follow all instructions and provide all information requested on the Proposal Price Form. Design -Build Proposers wishing to qualify all or any portion of a proposal shall provide a hand printed or typed explanation in the proposal or in a separate attachment to be submitted with the proposal. Proposals shall be typewritten or filled in with ink. Any erasures or corrections must be initialed by the Design -Build Proposer in ink. Prices shown in the proposals shall be prices for new equipment and materials, and the successful Design -Build Proposer shall warrant same for a period of not less than one (1) year from the final acceptance date, or as otherwise stated. QUANTITIES: Design -Build Proposers are responsible for determining and providing the actual quantities required for the project. Information on plans drawings specifications provided by the City and its Engineers of Record are for Design -Build Proposers' use in reaching an understanding of the general scope of the project. Page 5 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B REFERENCES: References are required and are to be submitted with the Proposal. Failure to submit references as required may disqualify a proposal. Names and contact information shall be included. REJECTION OF PROPOSALS: The City reserves the right to reject any and all Proposals, to waive any and all informalities, and to negotiate contract terms with the successful Design -Build Proposer, and the right to disregard all non conforming, non responsive, imbalanced, or conditional propositions. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the Design -Build Proposers, and no participants in such collusion will be considered in future proposals for the same work. REQUESTS FOR ADDITIONAL INFORMATION CLARIFICATION: Design -Build Proposers shall furnish such additional information clarification as the City may reasonably require in determining financial resources and responsibility, professional technical trade qualifications, information regarding background investigations, and in checking references. SALES TAX: Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors doing business with the City are not exempted from paying said taxes to their supplier for goods or services purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to use the City's Tax Exemption Number in securing such materials. Possible savings related to sales tax on any major item may be discussed and further agreed upon at the time a contract is negotiated. SCHEDULE: The proposed schedule for project completion is not to exceed the amount of time specified in the price proposal form beginning on the day date of Notice to Proceed. There will be a liquidated damage clause for application by the City accordingly. SCOPE: UNDERSTANDING ACKNOWLEDGEMENT: By submitting a proposal, the Design -Build Proposer certifies full understanding of the scope, nature, and quality of work to be performed. SITE CONDITIONS AND INFORMATION: It is the responsibility of each Design -Build Proposer to have examined all documents and available information thoroughly, to visit the site, to request needed clarifications in a timely manner, to independently test, or to otherwise obtain needed information, in a manner and to a degree sufficient, in the professional judgment of Design -Build Proposer, to become fully acquaint Design -Build Proposer with the relevant physical conditions of the project site, as well as the expectations and intent of the City regarding the outcome of the project. SUBCONTRACTORS: A list of proposed Subcontractors must be submitted to and approved by the City prior to any contract award. The City highly encourages the use of local subcontractors for this project and maybe used as a percentage in the final selection. Page 6 of 76 15- October -2010 03 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B PROPOSAL FORMAT AND CONTENT Proposals should include and adhere to the following: Full legal name, address, and contact information of the Design -Build Proposer. A one -page Letter of Transmittal signed by individual(s) authorized to legally bind the Design Build Proposer and stating the Proposal will remain valid for a period of 120 days from the submittal deadline date. One original plus three (3) copies of the proposal delivered in sealed boxes or envelopes. Each copy to be on 8 -1/2" x 11" paper printed on one side only with all pages bound in a single binder. Drawings may be on 11" x 17" paper folded to 8 -1/2" x 11" and bound within the proposal package. Audio visual media information will be accepted only as support information but will not be considered for substitution of said written requirements. Proposals shall consist of two parts; both parts #1 and #2 may be submitted in one total overall submittal package container as long as the two parts are clearly marked and kept internally separate in a manner suited for separate openings: o (A) Technical Proposal in one clearly marked envelope package; envelope package number one #1) should contain all mandatory technical information, preliminary plans 30% submittal, assumptions, exceptions, and alternates regarding design and construction as well as the outline of a Work Plan that addresses organization (including experience and references), management, personnel, quality control, schedule, risk management and loss prevention, requisite information flow and communications, stakeholder relations (including the public), and specific control programs and systems geared to this specific project and attendant local conditions. o (B) Financial Cost Proposal in a second, separate, clearly marked envelope package. Envelope package number two #2) should contain all responsive pricing information and the complete Proposed Cost form(s) provided. Page 7 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B PROPOSAL EVALUATION, SELECTION AND AWARD PROCESS All duly submitted proposals become the property of the City. The City reserves the right to: request further written clarification from any Design -Build Proposer; reject any or all Proposals; waive any non- conformance, defect, or informality in any Proposal; and determine which Proposal best serves the needs and interests of the City. In consideration of the City's acceptance and review of such Proposals, Design Build Proposers agree to accept the majority action of the City Council as final. The RFP and related selection process is scheduled to take place in the following manner: The first day of public advertisement for the RFP in a newspaper of general circulation shall be by Friday, 15 OCTOBER 2010. There will be a non mandatory Pre Proposal meeting scheduled to begin at 10:30 AM on Wednesday, 27 OCTOBER 2010. Deadline for submission of Proposals in response to the RFP shall be FRIDAY, 12 NOVEMBER 2010 AT 1:00 PM. All Design -Build Proposers will be required to formally submit proposals to the Office of the City Manager by that time. Proposals received after that time will not be considered. Subsequently, the Airport Director will conduct an initial review of the Technical Proposals for compliance with the design criteria guidelines. Outside consultation with a professional engineer (Neel- Schaffer, Inc.) may be used by the Airport Director. The Airport Director shall determine whether each proposal satisfactorily conforms to the RFP methodology and design criteria requirements. If, in the sole determination of the Airport Director, the proposal does not meet these requirements, the proposal will be rejected and no longer considered for Contract award. The Airport Director may contact, in writing, any Design -Build Proposer(s) to clarify any informality, 30% preliminary design plans, technicality or irregularity in a proposal to determine whether the proposal meets basic requirements. If a proposal satisfactorily conforms to the RFP requirements, it will receive a rating of "passing" and be eligible for further review and proceed to the next phase in the procurement process. Upon receiving a rating of "passing" by the Airport Director, the City Manager will then open the Financial /Cost proposal portion and determine, in his sole discretion, the financial feasibility of the proposal at hand. Viable Design -Build Proposers will then be invited to interview with the Selection Committee. The purpose of the interview is to hold a forum whereby the Design -Build Proposer will have final and public opportunity to clarify any informality, technicality or irregularity in their proposal and present to the Selection Committee the merits and advantages of their proposed methodology. The Selection Committee will hear presentations by all shortlisted Design -Build Proposers receiving a passing rating and determined to be financially feasible by the City Manager. The location of the interview will be at 1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 IN COUNCIL CHAMBERS. Tentatively, interviews will be conducted on Thursday 18, November 2010 from 1 -3 pm. All effort will be made to conduct the interviews in one day. Scheduling of the interview will be based on the number of proposals receiving a passing rating. Interview scheduling will be made public prior to the interview and conducted alphabetically, based on the Design -Build Proposer company name. The Selection Committee Meeting Agenda will be publicly posted prior to the meeting. Page 8 of 76 15- October -2010 CE CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B Following the last interview, the Selection Committee will publicly rank the proposals. The proposal rated as best by the Selection Committee will be requested to enter into contingent Contract negotiations. The outcome of such contingent negotiations will be memorialized and a proposed Contract Document will be presented to the City Council for final approval and work authorization that presentation is tentatively scheduled for the 10 December 2010 City Council Meeting. Should the Selection Committee determine, in its sole judgment, that contingent Contract negotiations are un- productive, the Selection Committee may terminate negotiations with the top ranked Design -Build Proposer and proceed to negotiate with the next highest ranked Design Build Proposer as publicly determined by the Selection Committee. Proposal evaluation will include consideration of overall experience, qualifications and value, quality, and cost of the offering to the City and the ability of the Design -Build Proposer to successfully fulfill such offering. Criteria categories used in the evaluation shall include: o Technical Proposal (Methodology) o Work Plan o Preliminary Plans (30% submittal) o Design -Build Proposer Experience, Qualifications, References (at least three references) o Cost The Selection Committee shall consist of: o City Manager, Chair o Airport Director o Director of Building Department Page 9 of 76 15- October -2010 General Site Requirements Safety and Security The plans indicate the limits of construction, the haul route, the staging area, and the location for placement of the airfield barricades. The Design -Build Proposer shall limit his operation to this area only without prior approval from the Airport. General Site Layout: Building shall be oriented as shown on the preliminary plans (see Appendix D), in such a fashion to facilitate airside access. Clearing and Grubbing Clearing and grubbing shall consist of complete removal and disposal of all brush, stumps, roots, grass, weeds, and all other obstructions resting on or protruding through the surface or within a 3" depth of the final grade elevations of the area to be cleared and grubbed. All debris shall be hauled off Airport property and dumped at approved site(s). There will be no brush or tree burning on the site. Other work at the Airport: Other work on -going the airport may include maintenance and other construction projects. Coordination with these Contractors and project is essential and considered to be a critical part of this Design -Build proposal. Existing Information CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DESIGN CRITERIA Land Survey A boundary and property survey with limited topographical information is available in AutoCAD from the Engineer. The Design -Build Proposer will perform all required topographic surveying needed of the site to prepare engineering design plans (signed and sealed by a Florida Professional Engineer) for the project construction. Geotechnical Scanned copies of past geotechnical reports are available by request. The Design -Build Proposer shall conduct any required geotechnical testing, borings and field review to prepare the engineering plans for construction. Site Visit Design -Build Proposer is required to visit site and become familiar with the existing conditions to adequately prepare a submittal proposal package. Site Drainage This project will tie into the existing airport stormwater drainage system. The Design -Build Proposer shall prepare the required drainage design for storm water runoff. The City of Sebastian has a completed Page 10 of 76 15- October -2010 approved SJRWMD stormwater master plan for the entire airport. This project will need to tie into that plan and submit the necessary construction permit application. It is anticipated that this SJRWMD construction permit will be obtained at the time of commencement of construction. The Design -Build Proposer shall prepare the necessary engineering plans for the SJRWMD permit application for construction. Site Fencing The Contractor shall construct 6' chain link fence, similar in style to the fence that was constructed in 2003 (galvanized, driven c- channel posts, top rail). Details of this fence are available from the Airport. Fence materials and installation shall comply with Florida Department of Transportation (FDOT), ASTM and general industry standards. Pavement The pavement design for this project shall consist of: 2" FDOT Type SP -9.5 Traffic Level B 8" Limerock or Shell Rock base course 12" Appropriately stabilized subgrade Materials listed above meet FDOT Standards for Road Construction (2007 Edition). Submittals shall be required for these items prior to construction. All subgrade and base materials will be tested and approved by the City. Landscaping Provide all required landscaping for City Planning and Zoning approval. Sod Contractor shall sod all disturbed areas associated with the project with a species native to the area and normally used as permanent lawns in the vicinity of the City of Sebastian. Irrigation All landscaped areas shall be furnished with an irrigation system that will effectively provide water to the newly landscaped areas, as described in Land Development Code Commercial Irrigation Standards. This system shall be of the highest quality and include all items normally associated with an irrigation system such as sprinklers, valves, pipes and controllers. Utilities General CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The location of the existing utilities and connection points are shown on the preliminary plan (See Appendix D). Utilities shall remain within the 60' right of way of Airport Drive East. Install all utilities underground. Conform to all Florida Department of Environmental Protection (DEP), Indian River County (IRC), and City of Sebastian standards. Page 11 of 76 15- October -2010 Water CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The service connection shall be made to the existing 8" PVC waterline at Airport Drive East. Fire line and Water Service shall be tapped as shown on the preliminary plan(s). Water service shall be provided to the building that meets Indian River County Utilities and Florida Department of Environmental Protection standards. Sewer Sewer connection shall generally be as shown. An oil -water separator is required. Power Three -phase power is required. Design and installation must comply with all applicable building and electrical codes. Verify capacity with Florida Power and Lighting (FPL). Telephone Telephone connections and installations must comply with all applicable codes. Foundation The structural foundation will include the layout and setting of the anchor bolts and column footing to incorporate the prefabricated metal building loads. The pier footing will be poured initially with the anchor bolts. The footing and floor foundation must be designed to resist all of the reactions by the prefabricated metal building. Permits The Design -Build Proposer shall comply with all rules, regulations, codes, and requirements. The Contractor shall apply for and obtain all permits, including the costs to obtain said permits, unless specified below. Contractor coordination with agencies and prospective fees include, but are not limited to, the following: Permits Required The Design -Build Proposer shall prepare all needed applications to obtain the necessary permits for this project. It is required that these permits be obtained before the beginning of construction. Design -Build Proposer shall obtain the following: Federal Aviation Administration (FAA) Safety Plan, Federal Aviation Administration (FAA) Airspace Study Checklist, FDOT Certification, SJRWMD Environmental Resource Permit, SWPP and other requirements City of Sebastian Department of Planning and Zoning Development, Site plan approval including landscaping and irrigation IRCO permit for sanitary sewer and water, Miscellaneous permits /connection fees /impact fees, Florida Department of Environmental Protection (FDEP) permits. City of Sebastian Building Permits, Electrical hook up charges. All required construction administration, testing, inspections and final certification Page 12 of 76 15- October -2010 Contacts Engineer (Neel- Schaffer) Indian River County Utilities FPL City of Sebastian Building Department CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B Frank Watanabe Mike Hotchkiss Aaron Bowles Gordon Sparks Dennis G. Pagano Wayne Eseltine Engineering and Architectural Specifications (772) 770 -4707 (772) 567 -8000 ext. 1821 (772) 567 -8000 ext. 1822 (772) 567 -8000 ext. 1823 (772) 489-6204 (772) 589-5537 Refer to Appendix D for the Preliminary Site Plan, Floor Plan, and Building Elevations. It is noted that the future tenant will provide much of its own equipment for the processes to take place, including several booths, sanding tables, machinery, and storage racks. It is expected that the Contractor (Selected Design Build Proposer) will closely coordinate with the tenant on the inclusion of this equipment in the design. In addition to the specifications listed below, the following shall become part of the project: 1. Hangar B will match Hangar A in all exterior appearances and elevation views. 2. Flooring will be sealed coated with the highest level of surface coating. 3. Fire detection system with required surge protection. 4. Three -phase power shall be provided. The building electrical will be surge protected with a GFI. 5. All interior columns, braces, spans and steel structural components shall be painted red iron with a white -gray color. 6. Extra hurricane protection for hangar /large opening doors will be required. Contractor shall coordinate with door manufacturer and design/propose a system for securing door during hurricane events. 7. The fire suppression system shall be designed and constructed by Contractor to match the existing system in place for Hangar A. This system shall meet NFPA 409 requirements for the following: a. Facility is classified as a Group III Hangar, Type II (111) construction b. Fully sprinkler building required w /wet pipe system and 1 -hour protection for all structural elements c. Minimum slab slop throughout the Hangar of of one percent d. Floor trench drainage (minimum of 12 inch trench) e. Non combustible underground piping f. Use formed concrete, sloped system for trench (trench Former HB 300 or approved) g. Sufficient trench and piping capacity must be proven with "Flow Calculations and Drain Calculations" h. A bypass line must be provided around the separator on a fire- event, which will be designed to meet NFPA 409 i. Aircraft rated floor grates will be cast iron and coated j. All concrete trench inlets will be minimum of 3ft x 3ft x 5ft with six inch wall thickness. k. Total water flow shall be calculated to determine adequate trench and piping size 1. Install 10 inch DIP trench emergency bypass line from the inlet to the existing retention area per the site plan m. Install 4 inch cast iron drain line required to oil /water separator, this will be independent from the domestic line n. Install an exterior automatic control shut -off valve w /solenoid in 4 inch which closes in case of a fire and diverts the drain water through the 10 inch overflow line. Page 13 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B o. Install an underground oil /water separator to match the existing unit and include clean- outs on both ends and all line connecting to this system will be non combustible cast iron. p. The standard 4 inch PVC sanitary line for the facility must bypass the system and connect to the sanitary service downstream of the separator q. Install sampling port and 6 inch 90 degree tee for inspection and monitoring r. Provide a high level water alarm system for the separator. s. Provide a separate engineering plan to be permitted for the above system t. Group III Hangar requires the floor drainage per all above items 8. Building, foundation, electrical, mechanical, plumbing systems shall be designed and constructed by Contractor 9. Shower and eye wash station shall be provided. 10. Air Compressor will be provided with the appropriate pressure and pad, power, penetrations into the building, and air lines within the building and connections on all of the internal columns. 11. Hangar Door will be 58 feet wide by 20 feet height single piece hydro swing door, automatic operated from a Crown Industries or similar product. Electrically operated with push button interior controls. Fully gasketed for weather seal. Note that a generator will be needed in the testing of the door prior to having the electrical service. 12. The pre- engineered steel building and all exterior envelope components shall be designed to withstand required minimum wind load of 140 mph Exposure C as required by the City Building Dept. including a minimum 5 PSF collateral load for the roof. 13. Provide Storm Water Pollution Prevention (SWPP) plan and erosion control plan for the site during construction per SJRWMD review and permit. 14. For the telephone service, the need to provide underground conduits, two 3 inch conduits with pull strings. 15. For FPL service, the need to provide underground secondary service of 400 amp, 120V /20BY three phase to existing transformer location. 16. For Water service, the need to provide for adequate water capacity and verify the 8 inch existing water main and lines. 17. Metal building insulation (roof and walls) shall be 4 inches (r -13) WCF -50 heavy duty whit coated foil insulation for UV applications. 18. Downspouts shall be connected to a schedule 40 PVC manifold system with one on each side of the hangar and connected to the storm water catch basins. 19. Install exterior wall lights on all sides of the hangar with sensor activation 20. Provide six 10 foot long ridge monovents that will be 9 inch diameter with bird screen and dampers to match the existing Hangar "A 21. Concrete shall be 3,000 PSI for everything except for hangar foundation. The Hangar will have 4,000 PSI for foundation. 22. Concrete thickness will be the following: 4 inches for sidewalk and pads, 5 inches for dumpster and lean to slabs and 6 inches for hangar floor. 23. Install fencing around the existing Hangar B driveway and along the new Hangar and pavement area connecting to the Hangar A entrance gate. 24. Asphalt pavement will be installed as shown on the preliminary plans. 25. The project will provide for the minimum parking requirements of 28 parking spaces which will included two ADA handicap parking spaces with signage. 26. All walkways, sidewalks and gates will meet Federal and Florida State ADA requirements 27. Exterior lights will be placed on the building sides as shown on the preliminary plans 28. This project will install five (5) energy saving wind turbines as shown on the preliminary plans to feed electricity back into the FPL system. Example: Wepower 2.5 to 3.0 kw vertical wind turbine. Page 14 of 76 15- October -2010 Section Number Section Title Description of Contents 01000 General Requirements Evaluations only. 01100 Summary Generally, a 15,000 square foot, single story, pre Engineered Metal Building and associated site work. Building design to be as reflected on conceptual drawings, attached. Contractor is to construct a building as close to design shown as possible. Any deviation to be discussed with City of Sebastian. 01140 Work Restrictions Limitations on use of premises. Owner should inform Contractor of any limitations such as hours of operation, types of operations within or outside of certain hours (i.e., coordination of extensive or obstructive work with flight operations), limits of impacts or interruptions (i.e., acceptable to cut off water for not more than four hours). 01143 Airport Procedures Describes limits on work in or near the Aircraft Operations Area, derived from FAA/FAR guidelines. Includes limitations on height of cranes, issuance of NOTAMs, possible badging or security restrictions. Owner should review Airport Security procedures with Contractor to determine appropriate measures. 01210 Allowances Provisions for allowances, which establish a simple sum for the provision of a defined portion of the work. Recommended allowances include: 01230 Alternates Provisions for alternates of the work. It is assumed that preparing a Proposal for this project is relatively straightforward, and consideration of alternates is in anticipation of available funding. Alternates include: Generator, Alternative door systems hydro swing, bi -fold, or sliding. 01250 Contract Modification Procedures Procedural requirements for changing the Contract, including issuance of Information Notices (Bulletins), constructive change directives, and change orders. 01290 Payment Procedures Administrative requirements for payment. Based on the size and length of the contract, retainage will be set at 10% of the value of the work. 01310 Project Management And Coordination Administrative requirements for coordination and project meetings. Generally used for multiple -prime contracts or contracts on the same site. Also covers pre- construction conferences and coordination conceptual drawings and meetings for various trades. 01320 Construction Progress Documentation Administrative and procedural requirements for Design/Builder's Construction Schedule, Submittals Schedule, and reports. 01400 Quality Requirements Quality assurance and quality control requirements. Any required testing shall be paid for by the Design/Builder (QC) and performed CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DIVISION 1- GENERAL REQUIREMENTS Page 15 of 76 15- October -2010 Section Number Section Title Description of Contents by an independent testing Agency acceptable to the Owner. 01500 Temporary Facilities And Controls Temporary utilities and facilities for support, security, and protection. Location and extent of temporary facilities will be shown on Staging plan. Contractor will coordinate with Owner to establish location of temporary facilities, access route to site, and parking areas for construction personnel. Contractor shall provide all of the following; temporary signage; fencing, barricades; temporary trailers for their field personnel and storage of materials if desired; security of their material and equipment; control of site and shall provide security for access as determined in Airport Procedures above; provide temporary toilet facilities for Design/Builder's forces' use. Contractor to pay for electricity for temporary and/or charges for use of permanent service until Substantial Completion. Costs of connection to Owner's water system and pro -rated share of use charges will be the responsibility of the Contractor. 01530 Airport Temporary Markings And Barricades Vehicular and aircraft operations markings to identify areas of construction or hazard, as well as signage indicating temporary paths during construction. 01600 Product Requirements Administrative and procedural requirements for product selection and handling, warranties, and product substitutions. 01700 Execution Requirements Field engineering, progress cleaning, and general requirements for product installation. 01731 Cutting And Patching Typical procedures for tie -ins to existing site materials and utilities and systems to remain or to be constructed in other projects. 01732 Selective Demolition Demolition and removal of selected portions of site elements. Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, demolished materials shall become the property of the Contractor and shall be removed from Project site. Utility Requirements: Locate, identify, disconnect, shut off, and seal or cap off utilities serving areas to be selectively demolished. If utility services are required to be removed, relocated, or abandoned, before proceeding with selective demolition provide temporary utilities that bypass area of selective demolition and that maintain continuity of service to other buildings or parts of site. 01770 Closeout Procedures Administrative and procedural requirements for contract closeout. Includes warranty forms, operations and maintenance manuals, and extra materials for Owner's future use. 01781 Project Record Documents Record Drawings, Technical specifications, and Product Data to be prepared by the Contractor. Mark -ups, overlays of construction CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B Page 16 of 76 15- October -2010 Section Number Section Title Description of Contents 02230 Site Clearing Clearing and grubbing, and topsoil removal. 02240 Dewatering Disposal of ground water at site. Protection of exposed site from water rain or ground. 02300 Earthwork Excavating, filling, and grading. 02361 Termite Control Control by treatment of soil with termiticides and installation of bait stations to dispense termiticides. 02510 Water Distribution Utility service and domestic water to bring line within nominal 5' of building line only. 02530 Sanitary Sewerage Sanitary sewerage and underground structures to bring line within nominal 5' of building line only. 02630 Storm Drainage Gravity and forced storm piping and underground structures from utility to building. All stormwater drainage improvements will need to be reviewed and approved by the City and SJRWMD for permitting. 02741 Hot -Mix Asphalt Paving Roadway paving, runway pavement, overlays, and surface treatments for patch areas. (includes any sawcutting) 02751 Cement Concrete Pavement General applications of concrete materials for site improvements. Sidewalks and curbs at or adjacent to building area. Some areas may include pigmented concrete for architectural affect 02821 Chain -Link Fences And Gates Standard chain -link fencing systems to repair or extend fencing at building to existing/in -place airport fencing. 02920 Lawns And Grasses Seeded, sodded, plugged, and sprigged lawns. Work in this contract is limited to grassing around building area up to roadside /airside paving. 02930 Exterior Plants Trees, shrubs, ground cover, and plants. Landscaping plan will need to be submitted and approved by the City. Striping and Signage Parking lots will need to be striped with solid white 4" paint and handicap spaces with blue 4" solid paint with ADA signs ADA Ramps and truncated domes All sidewalk ramps will be meet latest ADA standard with the truncated domes. Section Number Section Title Description of Contents documents and shop drawings to show installed conditions, as well as product information and other data collected by the Design/Builder during construction. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DIVISION 2 SITE CONSTRUCTION Page 17 of 76 15- October -2010 Section Number Section Title Description of Contents 06100 Rough Carpentry Interior and exterior blocking and grounds. 06200 Finish Carpentry Interior exterior, exposed and nonstructural. 06402 Interior Architectural Woodwork Trim, cabinets, tops, paneling, and ornamental items. Includes: Solid Surface material counter tops in kitchen areas Plastic- laminate covered cabinets and counters Plywood boards at telephone room. Section Number Section Title Description of Contents 05400 Cold- Formed Metal Framing Non bearing wall studs; bracing and furring systems. 05500 Metal Fabrications Iron and steel items (not sheet metal). Chain link partitions w /pipe rails, post, sliding gates, swing gates, etc. 05521 Pipe And Tube Railings Railings fabricated from aluminum, stainless steel, and steel pipe and tubing. 05811 Architectural Joint Systems For exterior and interior applications. Section Number Section Title Description of Contents 03300 Cast -In -Place Concrete General applications for concrete and cement materials. Generally for slabs, foundations and sidewalks. 03532 Concrete Floor Topping Standard floor coating system shall be specified. 03312 Concrete Testing Testing and evaluation of concrete ingredients, sampling and testing of concrete and grout. Section Number Section Title Description of Contents 07210 Building Insulation Common building types, around air conditioned office area excluding roof. 07411 Metal Roof Panels Field- assembled roofing panels. DIVISION 3 CONCRETE DIVISION 5 METALS CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DIVISION 4 MASONRY (NOT USED) DIVISION 6- WOOD AND PLASTICS DIVISION 7 THERMAL AND MOISTURE PROTECTION Page 18 of 76 15- October -2010 Section Number Section Title Description of Contents 08110 Steel Doors And Frames Standard units complying with ANSI A250.8. Interior Exterior frames Exterior Doors Doors shall be painted 08211 Flush Wood Doors Wood- veneer and (paint grade) solid core. 08311 Access Doors And Frames Wall and ceiling units. 08331 Overhead Coiling Doors Galv. Steel manual curtain assembly, refer to exterior elevations. Doors to comply with all of the Florida Building Code and any applicable amendments. 08411 Aluminum- Framed Entrances And Storefronts Standard exterior and interior systems. Office windows will be aluminum framed with tempered glass panels. (Refer to exterior elevations allow for 4' -2" ht. x 12' -0" w. system in the interior). 08515 Aluminum And Wood Windows Evaluations only. 08520 Aluminum Windows Most standard types. 8584 Storm Shutters Storm Shutters to comply with all requirements of the Florida Building Code and any applicable amendments. Storm Shutters shall be field measured prior to fabrication. Clearly mark units for ease of installation. Storm shutters shall be formed from galvanized steel with panels. 08712 Door Hardware (Scheduled By Describing Products) For specifying swinging door hardware by using a schedule that includes nonproprietary descriptions. Assumes that the Airport has no preference as to manufacturer. Alternatively specify door hardware by naming products by manufacturer and model. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DIVISION 8 DOORS AND WINDOWS Page 19 of 76 15- October -2010 Standing Seam metal roof. Metal eave and fascia panels. Vented metal soffit panels. 07620 Sheet Metal Flashing And Trim Mostly for roofing systems. Flashing from walls to roof, from roof element to roof element, will include some building flashing at doors, windows, and similar locations. 07710 Manufactured Roof Specialties Standard products. Vent boots, duct covers, pipe casings /flashing materials. 07811 Sprayed Fire Resistive Materials Concealed and exposed cementitious and sprayed fiber; exposed magnesium oxychloride cement and intumescent mastic. 07920 Joint Sealants Elastomeric, nonelastomeric, and preformed sealants. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DIVISION 8 DOORS AND WINDOWS Page 19 of 76 15- October -2010 Section Number Section Title Description of Contents 09260 Gypsum Board Assemblies Includes ordinary assemblies and steel framing. Interior wall surfaces, interior partitions, interior columns, soffits, and ceilings. Will also describe gypsum based materials for backing tile installation. 09310 Ceramic Tile Ceramic quarry and wall tile. Restrooms and H.C. restroom with shower will have ceramic walls and `quarry tile' (or porcelain tile) floor tiles, with accent trim pieces and base as needed. 09511 Acoustical Panel Ceilings Mineral -base and glass -fiber -base panels with exposed suspension systems. 2 x 4 lay in systems at office, restrooms and H.C. restroom with shower. 09651 Resilient Floor Tile Solid vinyl, rubber, and vinyl composition floor tiles. For office, electrical and telephone rooms and storage. 09653 Resilient Wall Base And Accessories Vinyl and rubber wall base and edgings. 09750 Hangar Floor Coating Application of high performance coating over a water based epoxy primer system components per "C. Cure Brand or approved equal. 09912 Painting (Professional Line Products) For professional line of exterior and interior coatings. Section Number Section Title Description of Contents 10125 Bulletin Boards And Display Cases Illuminated and non illuminated types. 10155 Toilet Compartments Metal, plastic laminate, phenolic -core, and solid polymer types. 10200 Louvers And Vents Fixed and adjustable louvers; wall vents. 10265 Impact Resistant Wall Protection Protection for walls, corners, and door edges. 10431 Signs Exterior and interior signs, letters, and plaques, beyond customary room identification and regulatory signage. Allows the Owner to discuss signage with signage provider and select necessary signage lettering. Based on the size of this building, $20,000 should be sufficient. 10520 Fire- Protection Specialties Portable fire extinguishers and fire protection cabinets. 10750 Telephone Specialties Telephone enclosures and directory storage units. DIVISION 9 FINISHES DIVISION 10 SPECIALTIES CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B Page 20 of 76 15- October -2010 Section Number Section Title Description of Contents 13100 Lightning Protection Protection for buildings and site components. See Electrical. 16000 13845 Lighting Controls Wired, programmable and manual lighting controls. 13122 Prefabricated Metal Building Systems Pre engineered metal building, complete with structural framing, pre finished roofing, siding; roof and wall insulation, metal flashings, trim; gutters and downspouts; diagonal bracing; fasteners and other components required for a complete installation. Overhead swing hangar door by "Hydro- swing" or approved manufacturer. Provide ventilation cutouts in walls in accordance with Tenant's ultimate equipment requirements. 13851 Fire Alarm Non- coded, addressable, multiplex signal transmission. See Electrical for this item. 13930 Wet -Pipe Fire- Suppression Sprinklers Piping, specialties, valves, and sprinklers for wet -pipe sprinkler systems. Fire Detection Fire detection system for the building will require a surge protection Section Number Section Title Description of Contents 11105 Common Motor Requirements For Equipment Universal default values for small and medium AC motors. G.C. to coordinate installation of equipment by Tenant. 11451 Residential Appliances Kitchen and laundry appliances. 10801 Toilet And Bath Accessories Standard commercial and institutional units. Pre Engineered Walkway Cover System Six feet wide x Ninety -two feet long (6' -0" w. x 92' -0" 1.) extruded Aluminum Canopy Walkway by "Mitchell Metals with integral gutter /column rain leader at each span joint, complete with poured concrete walk with footings. Section Number Section Title Description of Contents Plumbing Standard systems. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DIVISION 11- EQUIPMENT DIVISION 13 SPECIAL CONSTRUCTION DIVISION 15 MECHANICAL SYSTEMS Page 21 of 76 15-October-2010 Section Number Section Title Description of Contents General Included in Financial Proposal shop drawings of all electrical systems for approval. Power Standard systems. All wiring shall be routed in conduit. All devices (receptacles and light switches) shall be specification grade. 4 w., 3 phase power. Exact load requirements to be coordinated with Tenant and equipment manufacturers. Interior Lighting Combination of fluorescent and incandescent lighting, standard systems, as approved by owner. Minimized (white) fluorescent, warm bulbs preferred. Interior fixtures shall be specification grade, painted after fabrication. (provide lay -in fixtures for grid ceiling.) Provide surface or flange mounted fixtures for hard ceilings. Exterior Lighting Provide wall mounted fixtures around the building as shown on the preliminary plans. Fixtures shall be cut -off shoe box type with metal halide lamps. Fixtures shall minimize light pollution. Provide time clock and photoelectric clock for exterior lighting controls. Communication Conduits Standard communication system for fully functional data/network system will be provided to connect to the existing airport communication network. Ventilating Air Conditioning Standard or energy efficient alternative systems. Standard or energy efficient alternative systems. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B DIVISION 16 ELECTRICAL SYSTEMS Additive Bid Items The following is a description of selected additive bid items: 1. Design -Build Proposer shall determine appropriate size for backup generator to power the entire building, and note size and price in the Alternate bid item. This shall include generator, concrete pad, enclosure, transfer switches, connections, and all other miscellaneous items for a complete working backup generator. 2. Hydro -swing door (insulated) Standard hydraulic one -piece door for the building. One of the three door systems will be selected. 3. Bi -Fold Door (insulated) Standard bi -fold door for the building. One of the three door systems will be selected. 4. Sliding door (insulated) Standard sliding door for the building. One of the three door systems will be selected. 5. Hurricane -rated window on the office area shall be an alternate. The base bid cost shall be for a standard window, and the additive item shall be the difference in cost between the standard window, and a hurricane -rated window. 6. Communication network for full internet and telephone system throughout the building. Assume one drop outlet for each room or office. 7. NFPA 409 Fire Protection Suppression System. Page 22 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B This page intentionally left blank. Page 23 of 76 15- October -2010 Total Base Price Additive Alternate 1: Generator, enclosure, concrete pad Additive Alternate 2: Hydro -Swing Door (insulated) Additive Alternate 3: Sliding Hangar Door (insulated) Additive Alternate 4: Bi -Fold Hangar Door (insulated) Additive Alternate 5: Additional (differential) cost for hurricane -rated window at the office location. Additive Alternate 6: Communication system for internet and phone with drops throughout. Additive Alternate 7: NFPA 409 Fire Protection Suppression System. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B APPENDIX A: PRICE PROPOSAL FORM The undersigned, having become thoroughly familiar with all of the RFP Documents and information incorporated herein, hereby proposes to perform everything required to be performed in conformity with the requirements of these documents, meeting or exceeding the specifications as set forth for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda issued prior to this submittal. By the signature below, the Design -Build Proposer agrees that this Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this proposal, the Design -Build Proposer agrees to enter into a conforming agreement 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 below stipulated price which shall remain firm for one hundred twenty (120) days following submittal deadline date. THE PROPOSED PRICE(S) PROVIDED BELOW ARE ALL INCLUSIVE, GUARANTEED MAXIMUM unless otherwise stipulated. Award will be made to the lowest responsive and responsible Design -Build Proposer whose proposal, confirming to the specifications, Instructions for Design -Build Proposers, 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 contract 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 Design -Build Proposer must submit bids on the Base Bid including the "Additive Alternates" shown above. CONSTRUCTION COMPLETION TIME: Design -Build Proposer warrants substantial completion of construction shall not exceed 195 calendar days. There will be $200 /day liquidated damages for days exceeding 195 calendar days. The breakout of phases is a follows: a. 60 calendar days design permitting b. 120 calendar days construction c. 15 calendar days for final punch list. Page 24 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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: Addendum Dated: Addendum Dated: Addendum Dated: Authorized Signature Printed Name Firm Name Title Date Signed Phone Number End Appendix A: Price Proposal Form E -Mail Address Page 25 of 76 15- October -2010 Licensing CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B APPENDIX B: OTHER PROPOSAL FORMS Design -Build Proposers shall submit, on the forms provided (Attachments 1 -7), the information required. Design -Build Proposers that fail to complete and show evidence of compliance with the following subsections shall be considered unqualified, and shall not be given further consideration in the bid process. Design -Build Proposer shall be licensed in accordance with the following: Chapter 489, Part I, Florida Statutes and Chapter 61G4, Florida Administrative Code. Design -Build Proposer shall provide copy of license as part of bid documents. Contractor shall be able to be properly licensed in the City of Sebastian before beginning construction. If the Design -Build Proposer is a joint venture, the individual empowered by a properly executed Declaration of Joint Venture and Power of Attorney Form shall execute the proposal. The proposal shall clearly identify who will be responsible for the engineering, quality control, and geotechnical and construction portions of the Work, and license numbers and copies of these licenses /professional registrations shall be provided with Attachment 1. Drug Free Workplace Statement The Drug -Free Workplace form, as attached hereto, shall be submitted with the qualification package. Public Entity Crimes Any person or firm submitting a Proposal in response to this invitation must execute the attached SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUES, PUBLIC ENTITY CRIMES, including proper check(s) in the space(s) provided, and enclose it with said qualifications package. Page 26 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B This page intentionally left blank. Page 27 of 76 15- October -2010 Principal Office Address: (3) CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) Having carefully examined the Proposal Documents and Drawings entitled DESIGN BUILD HANGAR BUILDING "B Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as required, by (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. (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? List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name /Address /Tel Title Amount Completion Date Completion Date of Owner Page 28 of 76 15- October -2010 (4) Have you ever failed to complete any work awarded to you? If so, where and why? (5) (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. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. 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. (8) What is your bonding capacity? (9) What amount of your bonding capacity has been used as of the date of this bid? (10) How many applications for performance and payment bonds have you made in the last three (3) years? Page 29 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B (11) How many of these applications were not approved? (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (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? 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.) Page 30 of 76 15- October -2010 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 grounds for a determination of non responsibility with respect to such contractor. Respectfully Submitted, (Name of Design -Build Proposer) (Authorized Signature) (Title) (Date) CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: Classification: Monetary Limit: *ATTACH A COPY OF APPROPRIATE LICENSES Page 31 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 2 (DRUG -FREE WORKPLACE FORM) The undersigned Design -Build Proposer, in accordance with Florida Statute 287.087 hereby certifies that 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 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: Signature: Page 32 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B This page intentionally left blank. Page 33 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 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 Error! Unknown document property name., 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 and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:( 1.03 My name is and my relationship to the (please print name of Individual signing) entity named above is 1.04 I understand that a "public entity crime" is defined in Paragraph 287.133(1)(g), 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 1, 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 287.133(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, shareholders, employees, members, and agents who are active in management of an entity. Page 34 of 76 15- October -2010 J-9) 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.) Date: 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 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) (Signature) STATE OF FLORIDA CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B COUNTY OF The foregoing instrument was acknowledged before me this day of 2007 by (title) on behalf of (name of partnership), a partnership. He /she is personally known to me or has produced as identification and did did not take an oath. My Commission Expires: Commission Number: END OF SWORN STATEMENT PUBLIC ENTITY CRIMES NOTARY PUBLIC Page 35 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 4 (BID BOND) (This form provided by City of Sebastian as an example of the form of bond; the actual bond forrn must conform to the standards required by Florida Statutes) KNOWN ALL MEN BY THESE PRESENTS, that, we the undersigned, as Design -Build Proposer, and as Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of five (5 percent of the Total Bid Amount which is for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this day of 2010. The Condition of the above obligation is such that whereas the Design -Build Proposer has submitted to the City of Sebastian a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in writing, for DESIGN BUILD HANGAR BUILDING "B NOW THEREFORE, If said BID shall be rejected, or If said BID shall be accepted and the Design -Build Proposer shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Design -Build Proposer and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. Design -Build Proposer Name Surety Printed or Typed Printed or Typed By: By: Design -Build Proposer Authorized Signature Design -Build Proposer Authorized Signature Design -Build Proposer Printed or typed Name and Title Surety Printed or Typed Name and Title Page 36 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B This page intentionally Left blank. Page 37 of 76 15-October-2010 Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed Contract Amount 1. 2 3 4. 5. 6. 7. TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: PERCENT SUBCONTRACTOR PARTICIPATION: CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 5 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name of DESIGN -BUILD PROPOSER: Page 38 of 76 15- October -2010 i® CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B This page intentionally left blank. Page 39 of 76 15- October -2010 ATTACHMENT 6 FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Design -Build Proposer to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Design Build Proposer. 1. The Design -Build Proposer 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 Design -Build Proposer, 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 Design -Build Proposer has set forth for pipe installation includes the following excavation trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents. Trench Safety Measure (Description) a. b. c. d. e. CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B Units of Measure Unit Unit Cost Extended Cost (LF, SF) (Quantity) For Information Only, Not for Payment Purposes Design -Build Proposer may use additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non responsive. 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). Page 40 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. Address: Telephone:( Company Name and Title END OF FLORIDA TRENCH SAFETY ACT STATEMENT Page 41 of 76 15- October -2010 THIS AGREEMENT made this day of ,2010 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, "City") and 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 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations there under, 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 any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 Intent CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B APPENDIX C: CONSTRUCTION SERVICES AGREEMENT 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 Page 42 of 76 15- October -2010 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 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. Page 43 of 76 15- October -2010 3.2 Act Of God 3.4 Agreement 3.5 A. S. T. M. Designation CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (Re: Bid Documents) A modification of the plans or other contract documents issued by the City and distributed to prospective Design -Build Proposers prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. A written agreement between the Contractor and the City defining in detail the work to be performed. The words Agreement and Contract, are one and the same. Wherever the letters "A.S.T.M." are used in the Specifications, it shall be undere *C)od as referring to the American Society for Testing Materials. When reference is made to a Ce' gain Designated Number of a specification or test as set out or given by the American Sock* for Testing Materials, it shall be understood to mean the current, up -to -date standard specifcation or tentative specification for that particular process, material or test as currently publi kjed by that group. 3.6 BID or PROPOSAL The bid or proposal is the written offer of a Design -Build Proposer to perform work described by the contract documents when made out and submitted 011 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: Design -Build Proposer 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 Design Build Proposer An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 Change Order A written order issued to the Contractor by the City and covering changes in the plans, specifications, or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, or adjustments in the Contract Price or Contract Time. Page 44 of 76 15- October -2010 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 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or his, their or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 Directed, Ordered, Approved Etc. Wherever in the Agreement Document the words "directed "ordered "approved "permitted "acceptable or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 Engineer A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as Engineer. The City may designate a staff member as Engineer who is not licensed. 3.14 General Conditions The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor, material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 Inspector A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 Laboratory Any licensed and qualified laboratory designated by or acceptable to the Owner (City) 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, design plans will include all reproduction thereof, showing the site location, building character, dimensions and details of the work to be done for site and hangar building. The 100% design Page 45 of 76 15- October -2010 plans will be signed and sealed by an Engineer or Architect licensed in the State of Florida. The city will approve the 100% design plans as the official construction plans for this project. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 Proposal The proposal or bid is the written offer of a Design -Build Proposer 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 specific project. The Design -Build proposer shall provide any special provisions as necessary to be included as part of the specifications. 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. The Design Build Proposer shall prepare 100% specifications for the City to approve for construction. 3.23 Subcontractor 3.25 Surety CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. As mentioned, the City highly encourages the use of local subcontractors for this 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. 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 design Plans and Specifications called the DESIGN -BUILD HANGAR BUILDING "B and all actions necessary to construct the same. Page 46 of 76 15- October -2010 3.27 Work Order 4.2 Conflict CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. 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. Page 47 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 Drawings and Specifications at Job Site One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, along with "as- built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 Dimensions Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 Sampling and Testing Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. 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 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: 1. 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). 2. The City shall, within fourteen (14) days of the submittal of any shop drawings, return two (2) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. 3. 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. Page 48 of 76 15- October -2010 4.9 Equipment Approval Data 4.10 Substitution of Equipment and /Or Material CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 4. 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 City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND /OR MA TERIAL 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 not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. 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 paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the 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. After the execution of the Contract Agreement, the substitution of equipment and /or material for that specified will be considered if: Page 49 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The equipment and /or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; 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 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. 5.0 MATERIALS AND WORKMANSHIP 5. Materials Furnished By the Contractor All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the 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. Page 50 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 final payment shall be in accordance with Paragraph 10.15. 5.4 Manufacturer's Direction Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 Skill and Character of Workmen All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and /or any subcontractor or persons employed by subcontractors. 5.6 Cutting and Patching 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 Page 51 of 76 15- October -2010 5.9 Guarantee CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty -four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 City's Ownership of Materials Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of 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, 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 has provided in this RFP package a set of preliminary plans with the available survey control information from the previous Hangar A project. The Contractor will need to verify and obtain the needed survey control points and benchmarks for this Hangar B project. Page 52 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 survey data furnished by the City in accordance with Paragraph 6.2, the Contractor shall obtain topographic surveying to 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. All 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 Preliminary Plans and for the final 100% Design Plans to be approved by the City. For 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 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 Page 53 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 Obligation Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold 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. Page 54 of 76 15- October -2010 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. No work shall begin without all required permits obtained and submitted to the City and Engineer for approval. 7.3 Contract Time CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The contractor shall complete, in an acceptable manner, all of the Work in the time specified in the proposal, subject to any Addenda or Change Orders hereto. The Contract time is 195 calendar days. 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 (25th) day of every month with the Contractor's pay request. 7.5 Coordination of Construction; Preconstruction Conference The Contractor shall coordinate his work with other contractors, the City and utilities to assure orderly and expeditious progress of work. The City shall hold a pre- construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 Property of Others A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right -of -way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. 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 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 Page 55 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 Crossing Public Facilities When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3 below. 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 time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 Extension of Contract Time No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager 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. 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, Page 56 of 76 15- October -2010 7.11 Correction of Work 7.12 Liquidated Damages CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. 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. 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 stated in the advertisement 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. There will be $200 /day liquidated damages for days exceeding 195 calendar days. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HEALTH AND SAFETY 8.1 Protection of Persons and Property The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers -by. The plan shall describe measures and precautions to be taken during working hours and non- working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. Page 57 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project which may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. 8.2 Traffic Control All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right -of -way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. 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. Page 58 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 8.3 Road Closure and Detours Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental 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 -Way. 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 -1, 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 Page 59 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B operation of emergency fire- rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370 -2D, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370 -2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for 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. 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. Page 60 of 76 15- October -2010 8.10 Water and Electric Supply The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 Noise Control The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.12 Dust Control 8.13 Water Control CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. 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 8.15 Limitation of Operations 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. 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. Page 61 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 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 Preliminary Operation The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. Page 62 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. 9.6 Examination of Completed Work The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9. 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: 1. Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. 2. 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. Page 63 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 3. 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 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 definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. Page 64 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 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 forms 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. Page 65 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to 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 City's Right To Withhold Payment Of A Request For Payment The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. Page 66 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B (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. 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 Payment For Rejected Work And Materials The removal of work and materials rejected under Paragraph 5.3 and the re- execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re- execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set -off against any payments due Contractor. 10.7 Changes In The Work 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. Page 67 of 76 15- October -2010 Claims CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. 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. Differing Site Conditions Contractor shall promptly, and before such conditions are disturbed, notify City in writing of: (a) Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement and its subparts; or (b) 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 Page 68 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 Payment For Work By The City The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 Payment For Work By City Following Termination Of Contract A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 Termination of Contractor's Responsibility The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 Release of Claims (Interim /Final) 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. Page 69 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 Acceptance and Final Payment When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 Satisfaction of Warranty Work after Final Payment The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 Covenant against Contingent Fees The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11.2 Interest of Members Of City And Others 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 Page 70 of 76 15- October -2010 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 11.6 Drug -Free Workplace CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. The Agreement documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 Compliance With Laws Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered 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). Page 71 of 76 15- October -2010 11.8 Insurance 11.9 Bond 11.10 Permits CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. The Contractor shall provide bonds issued by companies holding certificates of authority as acceptable sureties in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. All City and St. John's River Water Management District (SJRWMD) 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, Page 72 of 76 15- October -2010 78) CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. 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. Page 73 of 76 15- October -2010 12.3 Taxes CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 Time Is Of Vital Importance It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 No Waiver of Legal Rights Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 Right To Work Product No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. Page 74 of 76 15- October -2010 (-7 (SEAL) Rich Stringer, City Attorney Signed, sealed and delivered in the presence of: CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTEST: THE CITY OF SEBASTIAN By: By: Name: Sally A. Maio, MMC Name: Al Minner Title: City Clerk Title: City Manager Approved as to Form and Content for: Reliance by the City of Sebastian Only CONTRACTOR Signature: By: Name: Name: Signature: Title: Name: Contractor Page 75 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B APPENDIX D: PRELIMINARY PLANS Page 76 of 76 15- October -2010 DP NEEL- SCHAFFER October 28, 2010 ADDENDUM NO.1 The following is a list of comments from the bidder and responses. 1. Are all 4 rooms to be air control /air condition? yes Addendum No. 1 Sebastian Municipal Airport Design -Build Hangar B The following is a list of general information items presented by city staff and consultant at the October 27, 2010 non mandatory pre proposal meeting. In addition, attached are the questions and responses during this meeting. These items are now an Addendum No. 1 to the RFP. All permits to be collected and paid by the design -build please note that for SJRWMD the fee application is only $100 for Sebastian All big purchase items (bldg, generator and wind turbines) to be paid by city for tax exemption the bids will still include these items in the bid submittals City will have available fill if needed and also area to stock pile any excavation materials City is ok for an interpolation of the wind loads from 130 mph to 140 mph All underground wiring and conduits will be at depth 24 sealed off per city std. All interior walls will be 1 hr separation rating per NFPA 409 All city permits will need to be paid by the team Reminder that the RFP packages are available at City Hall for $40.00. All comments will need to be emailed to frank .watanabe @neel- schaffer.com to be official comments for the city to respond. AutoCAD files handed out to each bidder will be made available to all bidders on the Neel- Schaffer FTP site at ftp: /ftp.neel- schaffer.com/Florida /verobeach /public/ All attendees need to sign in with email addresses for any addendums Scheduled due date for all comments is November 1, 2010. The bid submittal due date is November 12, 2010 at 1 pm and bid opening is at 2 pm at City Hall. The use of local sub contractor is highly encouraged. 2. Exterior roll -up door will be the largest that can be cost affordable that meets required structural and wind loads, the interior roll -up door size will be a 10 ft height. 3. Who will pay the impact fees? all impact fees will be paid by the design -build team 4. Does this project require Federal wages, Davis Bacon Act and auditing yes 5. Will this project require auditing by the team yes 6. Will the previous CAD files and engineering (mechanical and electrical) be available no, only PDF files of the items can be requested through the Building Dept. Design -Build Hangar B Page 1 7. As noted in the general information, the large items (building, generators and wind turbines) will be purchased by the city during the construction for tax exemption. The team will still need to include these costs in the bid submittal 8. Who will pay for the fee applications? the design —build team will be required to pay for all fees and also provide for all construction testing. 9. Why the new asphalt pavement on the run -way? the existing asphalt pavement is in poor to bad condition and this project will replace the AC. All excavation will be taken to city site on the airport. 10. Is this design -build solely on low cost no, there is an evaluation of the submitted bid qualifications and bid fees by the selection committee. This information is on page 9 of the RFP package. 11. The type of wind turbine required? City is ok with the 1.2 kw wind turbine instead of the requested 2.5 to 3.0 kw. 12. Oil /water separating /alarm system to be attached to the side of the building near the oil /water separator. 13. What was the cost for Hangar A? city will provide amount $1,367,542 14. There is an estimate for Hangar B? there is no city estimate for this project 15. What is the interior roll -up door height? the plans show 20 ft wide x 10 ft high 16. What is the intent of occupancy for the four rooms? Rooms for storage and will require the 1 hr separation rating per NFPA 409 17. Question on the fire suppression system being water or foam the system will be a NFPA 409 water system. In the additional items no. 7 is the bid for a foam system 18. There was a question on the tenant items to be included in the bid No tenant items will be needed. 19. The City budget for this project is $290,000 and FDOT Grant is $1,160,000 for a total fund of $1,450,000 After the comments and questions, everyone was able to field review the existing Hangar A Building site and also walk the proposed Hangar B site. Design -Build Hangar B Page 2 N NEEL-- SCHAFFER Addendum No. 2 Sebastian Municipal Airport Design -Build Hangar B November 2, 2010 ADDENDUM NO.2 The following is the list of questions and responses as part of the RFP Bid Submittal. 1. Several requests for the submittal due date to be extended Response: There is no extension in the submittal due date. The due date is still November 12, 2010 at 1 pm 2. The office interior window shall be 12' -0" long per the specifications and match the window in the existing hangar 1 hour rating required. Response: Yes 3. Shall all restroom finishes match the existing hangar (tile type, size, areas, base, shower, etc.)? Response: Yes with fixtures 4. The area consisting of the office, electrical room and phone room shall be required to be 1 -hour rated similar to the existing hangar. Fire caulking and gypsum board both sides to roof deck required. Response: Yes 5. Base price includes complete fire alarm and fire sprinkler system to match existing building. This includes additional heads as required to achieve I -hour protection on all primary structural system columns and rafters. We will also include surge protection on F/A system as requested. Response: Yes 6. We shall provide Alternate No. 7, which will include a foam suppression system option in case the Indian River County Fire Rescue Department considers this facility a maintenance and /or service hangar. Response: Yes 7. Please define scope for compressed air system, including compressor and lines, or provide allowance for bidding purposes. Response: No compressor, only the lines per the RFP specs 8. Please confirm that the new building requires a complete compressor room enclosure similar to Hangar `A', 13' -4" wide x 7' -4" deep with roof system, three (3) walls full height CBS construction, slab and chain link gates. Response: Yes 9. The wind turbine system, including five (5) turbines, manifold system across street to lift station meter, inverter, final connection, etc. shall be offered as a separate price. Response: No 10. Please confirm the wind turbine system has no connection to Hangar `B'. Response: Yes Design -Build Hangar B Page 1 11. Concrete footings required for turbines shall be included in Alternate. Response: No 12. Please confirm the following for the area encompassing the turbines: entire area is elevated (shown hatched on NEEL SCHAFFER site plan); construction of sidewalk? Surrounded by chain link fence? Response: the area is flat with driveway, gates and fencing. 13. Verify interior roll -up doors can be 18' -0" w x 10' -0" h., manual chain hoist operation, weather- stripping, slide locks. Response: Yes 20 ft wide and 10 ft high 14. Verify exterior roll -up door can be 20' -0" w. x 10' -0" h., manual chain hoist operation, weather- stripping, slide locks, wind rated. Response: Yes, or larger 15. Please verify the building, along with all exterior envelope components, can be designed to 135 M.P.H. Exposure C to match Hangar `A', in lieu of 140 M.P.H. mentioned in RFP. Response: Yes 16. Can all five (5) turbines be 1.2 KW in lieu of the 2.5 to 3.0 KW mentioned in Item 28, page 14 of the RFP? Response: Yes 17. The entire overflow drain line, from the interior trench drain to the existing detention area, must be 10" D.I.P. line in order to satisfy the flow demand from the sprinkler system and the fire fighting hose stream flow. Response: Yes 18. The oil /water separator will need an extension collar in order to meet grade due to depth requirement of trench drain line in the concrete interior pit. Response: Yes 19. A 10" D.I.P. trap is required at the trench pit in order to meet plumbing code. Also, trap must include a 1" PVC primer to nearest water source (plumbing fixture) with an electronic actuator. Response: Yes 20. All components of the trench drain line must be non combustible up to and including the separator itself. Response: Yes 21. The cut -off valve required at the building exterior shall be placed in a pre -cast concrete pit, waterproofed inside and out, with a steel removable lid. Response: Yes, or located inside the Hangar. 22. For the hangar floor coating, we would recommend specifying a 20 -mil minimum thickness epoxy floor system by Crawford Laboratories or approved substitute. Concrete floor must be shot blasted for proper adhesion. Joint sealant shall be applied in saw cuts after epoxy has been installed. Response: Yes 23. Boundary survey is usually provided by Owner. Since recent permitting was processed with St. John's, this may already exist. Please verify. Response: All available information has been provided or made available. Design -Build Hangar B Page 2 24. Soil borings are required for the new hangar. Do these exist at this location? If not, can the City provide this? Response: No 25. RFP mentions fence details shall be provided by the airport. Please provide or shall we match existing? Response: Need to match the existing 6 ft height with no barbed wire. 26. The scope of work for chain link fencing is unclear. We assume the following: approximately 80 if on the northeast side of the north parking lot with a manual slide gate (or does this need to be automatic connection from northeast corner of new hangar, running southeast to existing Hangar `A' gate, including slide gate (manual or motorized continue along detention area and completely enclose wind turbine area with man gate. Please verify this scope is accurate. Item 23 on Page 14 of RFP conflicts with site plan. Response: Fencing is needed along the east of the parking area within the project limits and connecting to the existing gate near Hangar A as shown on revised site plan. 27. Can we utilize the same pavement specifications for the tarmac and the parking lots that we used for Hangar `A'? Response: Yes 28. The parking lot on the southeast side of the hangar will require a 24' -0" wide drive aisle since there is 90 degree parking. Should the building shift to the northwest? Response: Yes 29. The northwest parking lot shows a 26' -0" wide drive. This is allowed to be 24' -0" per code. Response: Yes 30. Can the landscaping and irrigation be handled as an allowance? If so, please specify amounts. Response: Yes 31. What will be the water source for the irrigation system? Response: At the lift station. 32. We assume the oil /water separator will be located on the south side of the building? Response: Yes 33. Please verify connection point for ATT service. Response: Near the Administration Building. 34. Please verify FPL service shall connect to existing transformer across the road, to the east of the lift station. Are sleeves existing/available under the road? Response: This will need to be checked by the Design Build Team 35. Is the new asphalt tarmac area to the northeast going to conflict with the existing gas line? Response: No 36. RFP states all permit, connection and impact fees to be paid for by contractor (bottom of Page 12). City will usually pay these fees directly. Response: No Design -Build Hangar B Page 3 37. FPL and /or ATT fees paid for by City? Response: No 38. Who is responsible for Builder's Risk Insurance? Response: The Design -Build Team 39. Is a list of tenant equipment available? This is required for our electrical design and bidding. We need motor sizes, horsepower, 3 phases versus 1 phase, etc. Response: Yes 40. We recommend wet curing the concrete slab. Response: Yes, with inspection by City 41. RFP Section 07411 metal building should consist of standard screw -down roof and walls to match existing hangar, including all components to match no vented soffit panels. Response: Yes 42. RFP Section 08211 personnel doors shall match existing? Response: Yes 43. Per RFP Page 24, the generator for the alternate shall be sized to run entire building? Response: Yes 44. RFP Section 10125 does this apply related to bulletin boards and display cases? Response: No 45. RFP Section 10155 toilet compartments shall match existing hangar? Response: Yes 46. Cabinet finishes to match Hangar `A'? Response: Yes 47. RFP Section 10265 does this apply related to impact- resistant wall protection? Response: Yes 48. Pipe bollards required for any overhead door protection? Response: Yes 49. RFP Section 10431 is a $20,000.00 signage allowance applicable? Response: This will be omitted 50. RFP Section 10801 toilet accessories to match Hangar `A'? Response: Yes 51. RFP Section 11105 tenant equipment installations by others? Response: Yes 52. RFP Section 11451 appliances by others? Response: Yes (refrigerator, microwave and dish washer) 53. RFP Section 13100 is a lightning protection system required for the building or the electrical system? Response: Yes Design -Build Hangar B Page 4 54. RFP Section 13122 any framed wall openings required for tenant equipment? Response: Yes 55. RFP Division 16 Electrical systems items (Page 22): a. General shop drawings shall not be included with bid submittal. Response: Yes b. Power conduit, receptacles, switches and wiring shall be per code and match Hangar `A'. Response: Yes 56. Shall lighting systems and receptacle layouts be similar to Hangar `A'? Response: Yes 57. Aircraft static grounding system in floor is required similar to Hangar `A'? Response: Yes 58. Plumbing fixtures similar to Hangar `A'? Response: Yes 59. Please verify the following rooms receive air conditioning: office, telephone, Room #1, Room #2, Room #3 and Room #4. Response: Yes 60. Can the communication system (Alternate #6) be an allowance? If so, please specify amount. Response: No 61. Can we propose to provide a 5' -0" wide landscaped area against the Hangar, both sides and shift the sidewalks out (reverse of site plan)? Response: Yes 62. Please verify Hangar `B' finish floor elevation will match Hangar `A'. Response: Design -Build Team to determine the finish floor elevations. 63. Can Hangar `A' be used for temporary power and water? Response: No 64. Are communication lines required between hangars and /or between Hangar `B' and Administration Building? Response: No 65. Per item "Pavement" on RFP Page 11, it states that all sub grade and base materials will be tested and approved by the City. Is City paying for all site field density tests, LBR, etc.? Response: No 66. Please verify areas to receive VCT and vinyl base. Response: Need to match Hangar A 67. RFP Section 10750 does this apply related to telephone enclosures and directory/storage units? Response: Need to match Hangar A 68. Perimeter silt fencing required? Response: Yes, per the erosion control plan that will need to be submitted. Design -Build Hangar B Page 5 69. Confirm trench drain is required to be the same length as Hangar `A'? Response: Yes 70. Per item 6, Page 13 of the RFP, the hangar door and overhead door will be designed to meet the required wind loads. Are you requesting additional lock -down mechanisms /removable supports as well? Response: This will need to meet all required wind loads. 71. We are assuming a new dumpster enclosure is not required? Response: Yes 72. Shall base bid include standard efficiency HVAC system per code minimum with an Alternate for higher SEER (16.0 for example)? Response: Yes 73. Any requirements for high efficiency water heater? Tank -type or tankless LP gas? Is LP gas desired? Response: Yes 74. Do restrooms and electrical room need air conditioning? Response: Yes 75. Please confirm overhead door and personnel doors need to be painted to match building accent color? Response: Yes 76. Is the sidewalk for future Hangar `C' on the northeast side of the parking lot to be constructed now? Response: No, however the layout of the parking area and Hangar B has changed per comments. This needs to be reflected in the sidewalk. 77. The documents mention five Wepower units 2.5 to 3.0 kw are to be provided. The standard Wepower units available are 1.2 and 3.4 kw. Please provide direction as to what to include Response: ok with the 1.2 Kw. 78. The floor sealer noted, is C -Cure or equal. I am not aware of an epoxy floor sealer /coating made by C -Cure. Can we get more specific information on this sealer? Possibly if we could be informed what was used on the most previously completed hangar building recently? Response: ok 79. Appliances are mentioned within scope, are there any to be included? If so please specify Response: The appliances will be Refrigerator, Microwave and Dishwasher. 80. Is the roof material to be standing seam or a screw down? Response: Yes 81. Is the large hangar door to be motorized, motorized in all three options? Response: Yes 82. Is the exterior roll up door motorized? Response: No 83. Are the interior roll up doors to be motorized? Response: No Design -Build Hangar B Page 6 84. What are the interior partitions made of? Metal building panels, metal stud /drywall, masonry, please advise Response: Metal stud and drywall. 85. Is there a desire that the interior walls extend to the bottom of the roof deck? Response: Drop ceiling for the rooms. 86. What rooms require air conditioning? Response: Yes, all except for the storage room. 87. Will restroom walls require tile on the walls and the floors? Response: Yes 88. It is mentioned that the floor grates are to be cast and coated. What is the coating required? Response: Standard as in Hangar A. 89. Is cementitious fire spray desired as well as full sprinkling of the building? Response: No 90. There is a $20,000.00 allowance mentioned for signage, is this to be included? Response: No 91. Extra hurricane protection is asked for on the hangar door. Does this means this is not to be included as impact rated? Response: Yes, vents to be hurricane shatters and the one window to be impact proof. 92. There is an 11" x 8" area at the west corner of the building, is this a galvanized chain link fence enclosure with gates? What is fence height? What are gate sizes? Response: Yes, at 6 ft height fence. 93. Is this a multi unit "T- Hangar or a single unit box type hangar? Response: Not a "T" Hangar 94. 2. If this is a t- hangar? Are the plans and specifications available in a digital format? Can they be e- mailed? I don't need the entire set of drawings and specifications I only the one's pertaining to the building proper. If the only way to get a set is as a complete set, I would be happy to pay for the $40.00 charge in either case I would need the plans and spec's. I am not a general contractor. I am a supplier. Response: N/A 95. 3. Are the doors electric bi -fold or sliding doors? Response: Per the bid document 96. 4. If number two is not available, can a credit card be used to obtain the plans and spec's? Response: No 97. What kinds of activities are going to occur in this hangar? Response: Aviation activities and assembly. 98. If any hazardous activities, how do we propose on a sprinkler system only since that would not comply with NFPA 409? Response: Per the bid specification. Design -Build Hangar B Page 7 99. If hazardous activities are not going to occur, provide more specific criteria for the "NFPA 409 system intended. Response: See Question 98 100. If hazardous activities are not going to occur is the intent to protect the hangar as a group I or Group II? Response: See Question 98 101. What is the available water supply (flow and pressure)? Response: The Design Build Team to verify and test. Access to the site is available prior to the due date for testing. 102. Is the entire facility to be air conditioned or only a certain rooms? Response: No, only certain rooms 103. If so, can those rooms be identified? Response: All rooms but the storage room. 104. Is there any site lighting required or just on the building? Response: No, just on the exterior building 105. Are the utilities, such as water adequate to serve the sprinkler facility. Response: Design -Build Team to determine and test. 106. On page 21 of 76 in the Request for Proposal Package, it calls for a 6' x 92' long pre engineered walkway cover system. Please confirm that this will be included in the base bid price, along with location. Response: Not part of this bid project 107. Please confirm as to whether or not there will be a dumpster enclosure required for the scope of Hanger B. If so, please provide a location. Response: Yes, the new site plan shows the tentative location of the dumpster site. 108. On page 18 of 76 in the Request for Proposal Package, it lists Solid Surface Material counter tops in kitchen areas. It also lists plastic laminate covered cabinets and counters. Please clarify which material is required for this project. Response: Project will include the same kitchen materials and cabinets used in Hangar A plus the following appliances; Refrigerator, Microwave and Dishwasher. 109. Will temporary fencing be required by the airport for this project site? Response: No temporary fencing, except for the silt fence per your Erosion Control Plan and SWPP. 110. Please clarify whether or not the restrooms are to have wall tile, and if so what is the height it is to be tiled up to? Response: Same as Hangar A 111. Please verify if power has already been run underneath road from existing transformer location to project side of road. Response: The \Design -Build Team will need to review all available plans to determine if there are any spare empty conduits under the roadway. Design -Build Hangar B Page 8 112. Should we assume that the existing detention basin has enough capacity to handle both Hangar `A' and Hangar `B'? If the foam suppression system option is selected? Response: The Design -Build Team will need to review the system and determine if the basin is adequate for both Hangars. 113. Should we assume that existing water pressure is sufficient if the foam suppression alternate is selected? Response: The Design -Build Team will need to review the existing water pressure to ensure adequate pressure for the foam system, if selected. 114. Will the airport be releasing a list of equipment that is expected to be installed in Hangar `B' (e.g. monorail, crane, etc.)? Response: No, there is only a few kitchen appliances (Refrigerator, Microwave and Dishwasher) that will be included in this bid. 115. Will the airport consider extending the bid date by at least a week to allow more competitive pricing? Without more time to research and develop the scope, prices will probably come in with quite a bit of contingency, and be much higher than necessary. Response: No extension, the bid due date is still November 12, 2010 at 1 pm. 116. Would you like parking area lighting along with building mounted lights? Response: No parking Light. There are lights on all exterior sides of Hangar B. 117. Are the slide gates electrically operated? Response: Yes. 118. Do we have exterior mounted GFI receptacles? Response: Yes 119. Do we have and security i.e. Perimeter doors and contacts, card access, motion sensors? Response: No 120. Would you like additional hose bibs located on exterior wall? Response: Yes 121. Is there gas on site? Response: No 122. Will there be a need for electric heat or gas type unit heaters in the hangar? Response: No 123. Is there a required number of hose bibs needed within the hangar? Response: Yes, same as in Hangar A. 124. As an alternate can we provide fluorescent light fixtures in lieu of metal halide in the hangar? Response: Same as Hangar A. 125. Will there be flammable materials stored i.e. paint, fuel, battery storage etc. in any of the rooms? Response: Probably /undetermined. Design -Build Hangar B Page 9 126. Will the generator be diesel or gas? Is a critical muffler and /or critical sound attenuated enclosure required for the generator? Response: Yes and Yes muffler only. 127. Will grounding points be required in the hangar? Response: Yes 128. Please see attached fence and gate details from LPA's Airport Drive East extension project. I would like to confirm that these details should be used for this project (8' -0" high including barb wire). Response: the internal fences are 6 ft height and no barbed wire. 129. I know that we discussed Davis -Bacon prevailing wage rates, but this should not be required for this project since there is no federal funding. This process, if desired, will add a tremendous amount of paperwork to the project and will also add a minimum of 50,000 to the cost due to the wage scale required. Please reconsider this requirement. Response: Davis Bacon requirement will be dropped per COS Finance Dept 130. Does the entire building floor receive epoxy (except restrooms, office, telephone and electrical)? Response: Yes 131. Shall sprinkler piping be painted along with the exposed steel components of the metal building? If so, can it be the same color or is a different color requested? Can the electrical conduits remain unpainted? Response: Paint same color as steel; conduits to be unpainted 132. The existing dumpster enclosure is a "double wide" since it serves several facilities. Will this also be required for the new dumpster enclosure proposed? Response: See new site plan for dumpster location 133. Will ATT service be required at the new building? There are no existing lines or connection points available for this service. Response: ATT not required BUT if no ATT there must be Comcast service assume GC provides connection to LP2. The Comcast conduit end point is approximately Station 2 +50 on the site plan. 134. Please confirm that Comcast communication service will be required for the new facility. If required, will Comcast connect to the new building or will we be responsible for connection? Response: Same response per Question 133 Design -Build Hangar B Page 10 135. Question on impact fees. Disclaimer: there is no guarantee on the accuracy of these numbers or that they will apply to Hangar B/LP2. Response: the following is an estimate on the fees. City building permit: County impact fees: Water /Sewer Utility Capacity reservation. fees Water meter SJRWMD County Health Dept County Utilities FPL Fire Dept Site plan approval other $5,005 $16,605.90 $22,177 unknown unknown should be about $1400 On this project it should be $100 $531 solid waste fee $4,000 lift station backflow prevention valve $50 oil water separator operating permit $5,000 $250 site plan review $2,375 construction plan review $198 sprinkler system plan review $66 fire alarm system permit unknown $149 BCAIB Radon fee Please note that site access is still available. Please contact Joe Griffin, Sebastian Airport Director at (772) 633 -0151 to make an arrangement to access the site. As a reminder to all, the last day for submitting email questions was Monday November 1, 2010 at close of business. Also, there is a revised site plan which is attached to this Addendum No. 2 and available on the Neel- Schaffer, Inc. FTP site. 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(bac_ o Gores {cam x_ co? rr\ G a- r--C, t JC{N`hP Lbi.! a C11. CI-1- Ca IA/ i- e CaSAU 4 4C- (1 aV.AC1S t e-- 1^ C 1tinq-evr -•4.w+ 4 e7Gte[140-144Q e--kpiNn 011 Cayui Igo= NEEL-----SCHAFFER City of Sebastian Sebastian Municipal Airport Design-Build Hangar B 15. 16. 17. 18. 19. 20. Name c- A. C-14 7-4 6 1. Sign- in Pre-Proposal Meeting October 27, 2010 Email Address 4. 1- 13Y1/2- t4 5. Jokot•I Fyklts k0 y K FS Q6./142-714- coNis ofQ L. 0 tell 72 age/670 4 1 1 A et. L 0 4: JCL_ 'sr% 10. 4 re_...Ar AI 2 4'- -4 A re./t pis' 64i "Ve) -‘620 Li a 6tiven RI A 'C 1. on be h vicl-ct a,r1 P vtbU S.T. A, r\l\* t.-1-LA;-4 S r A 4 Li 8 6 11. SAIIWC-Co 4IT /kr e coA/5 ZOLA. ria+.1 C-od S Ca Y 1- xfiet-i-‘ r.e S, Cz74,.. C ,41 U) f N co (0 N co?, N O O W 1-- M N (O N O V' a0 (n 1' '(f O 2 W N O N i∎ C..4- O r O O Pe. ui N L6 V M (D (O N N 0 M Q) l'' O M M (n (n O) N M O O M M (n (13.. O r Q EA EA fA fA ER 69 69 l; (H (A EA fR F 0 1- -t" t?-06 ta," '''-t' 4: i 0 9 Po, 'j 0 li.i''A 0, '7 L0Z0.1 it)' 'At 1%. 1 IVI s4. 44 t a 3 J r r.. E. z z^ Ni; .al .4 45 It *2' li e, ,A. 0 i f i "ilti gi lr a w per. 154 F W o 1111 J F' CO Qo N W W re u°(. re G a m El Q o c co r. re Z Q y c 4. sa ti, it 47. r• lit' 1 1 m mo Q ,,..,,t,e, it$0 0,, is r4 30 O kQ t :44 'AP S O ice' LIJ ID i 4 4 i Lii J LL J LL J U a LL m J t LL U J Q 0 0 m LL C LL C J O p O LL J C O J 7 N m EL I LL p U 0 CO n- N 2 LL t6 O) O C N N Q N O d U C O p 2 m r o6 o C t Y d U o 0 v p C U. m o m m r r 2 m E 2 Q ai L c m U¢ a m in U N U O t i 0 al u 0 Alfred Minner From: Joseph Griffin Sent: Tuesday, November 16, 2010 9:14 AM To: 'Jason' Cc: Alfred Minner; Wayne Eseltine Subject: RE: Hanger B EXHIBIT 2 —B Mr. Fykes; I have presented your case to the City Manager this AM. During our phone conversation yesterday, you stated that Barth would accept a 'voluntary withdrawal' regarding their bid proposal for Hanger B. Mr. Minner has agreed to that request. Barth Construction has been withdrawn from consideration in the selection process for the Hanger B project. The City appreciates your honest professionalism in coming forward with the proper information on this issue. My best to you; Joe Griffin Airport Director City of Sebastian From: Jason mailto :jfykes @barthconstruction.com] Sent: Monday, November 15, 2010 8:20 AM To: Joseph Griffin Subject: Hanger B Mr... Griffin Page 1 of 1 Per our telephone conversation this morning, I am writing this email to inform you and the selection committee of a significant error in our bid for Hanger B. Upon receiving the bid results on Friday we noticed the significant difference in our bid from the other bidders. I reviewed my estimate noticed that our proposal had not included the site development costs of $153,000. The error was due to a formula that was not in the proper spreadsheet cell. The costs for the site development was entered in the spreadsheet but was not include in the total at the bottom. We are very embarrassed and sincerely apologize to you and the City of Sebastian for this inconvenience. Please call me directly at 778 -3075 ext #15 to discuss further Thank you for your attention and understanding of this matter. Jason Fykes Barth Construction 1717 Indian River Blvd #202A Vero Beach, Fl 32960 Office: 772 778 -3072 Fax: 772 770 -3017 12/6/2010 1 I 0 2 November 20, 2010 Mr. Al Minner City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Sebastian Hangar B Design Build Bid Mr. Minner: Certified General Contractors, Inc. would like to formally withdraw our bid proposal for the Sebastian Hanger B Design Build Project. We apologize for any inconvenience this may have caused you and the City of Sebastian Staff. We would like to commend you and your staff, especially Joe Griffin on your thorough review of the bid proposals. Additionally we would like to thank you for the providing us opportunity to formally withdraw our bid, and look forward to working with you in the future. Respectfully Submitted, Don Sibert Vice President Certified General Contractors, Inc. Certified General Contractors, Inc. EXHIBIT 2 —C 1120 Palmetto Avenue Melbourne, Florida 32901 321- 984 -5000 FAX: 321-724-4659 StNk Certified (Y: CA47421( 4 AHRENS .7411 COMPANIES PACKAGE NO. 1 TECHNICAL PROPOSAL TABLE OF CONTENTS 1. TRANSMITTAL LETTER 2. SPECIFICATIONS QUALIFICATIONS 3. DRAWINGS 4. UNITED STRUCTURES OF AMERICA 5. WORK PLAN 6. PROJECT TEAM 7. SCHEDULE 8. RESUMES EXPERIENCE 9. CAPABILITY STATEMENT 10. REFERENCES 11. SIMILAR PROJECTS 12. QUALITY CONTROL 13. CONTROL SYSTEMS PROGRAMS 14. INFORMATION FLOW COMMUNICATION 15. RISK MANAGEMENT LOSS PREVENTION 16. STAKEHOLDER RELATIONS 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS Al COMPANIES November 12, 2010 Mr. Al Minner, City Manager Sebastian City Hall 1225 Main Street Sebastian, FL 32958 Dear Mr. Minner: TRANSMITTAL LETTER We are pleased to submit our Proposal for the Design /Build Services for Airport Hangar 'B' for the City of Sebastian. This proposal shall remain valid for a period of 120 days from the date of this letter. Since we designed and constructed Hangar 'A', we have the knowledge and experience necessary to ensure the development of another quality project for the City of Sebastian. As you know, our commitment to quality is reflected in our comprehensive range of services. Each is flexible, ready to be tailored to your specific needs and requirements. Each guarantees you an extra measure of confidence that we stand behind our work. We have assembled a group of the finest professionals in the field... a talented team with expertise in every category of need. We are committed to our clients and to the lasting quality of our work. Ahrens design professionals are committed to cost conscious designs. Our efficient approach to architectural and planning challenges has generated innovative design /build solutions successfully used in many of our projects. The track record of our design department demonstrates our ability to produce imaginative, cost effective design in a timely and professional manner. Ahrens Companies has adopted a team approach as a means of providing services for one very basic reason....continuity. To provide continuity in your contact with our staff; To provide continuity in coordinating approvals; To provide continuity in communication; In short, a continuous commitment to protect your project. The Ahrens' family of companies looks forward to another successful project for the City of Sebastian. Sincerely, AH ENS COMPANIES 4 o i Barbara Fleisher President 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 l� B. Allowances: SPECIFICATIONS FOR DESIGN BUILD HANGAR `B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 01 GENERAL CONDITIONS A. Owner shall be responsible for the following: 1. Phone system (see Alternate 6 for communication system). 2. Air compressors, filters and dryers. 3. Independent NC test and balance. 4. Racking and shelving in hangar or closets. 5. Office cubicles. 6. Platting, if required. 7. Security system. 8. CCTV system (see Alternate 6 for communication system). 9. Signage. 10.Airport barricades. 11. Clean fill. 12. Lightning protection system (see Alternates). 13. Connection to Owner or tenant provided equipment, except compressors. 14. LP Gas piping or tank system (see Alternates). 15.Tenant equipment connections, power and /or venting. 16. Sump pump. 17.ATT service. 18. Traffic report or study, if required. 19. Colored renderings. 20.Any changes made by City or tenant after sign -off of preliminary plans. 21. Original boundary survey and as -built drawings. A new comprehensive survey, if required, is not included. 22. Unforeseen conditions /unsuitable soils. 1. Air Compressor System: THREE THOUSAND TWO HUNDRED DOLLARS ($3,200.00) 2. Landscaping and Irrigation Systems: TEN THOUSAND DOLLARS ($10,000.00) 3. Appliances: EIGHT HUNDRED DOLLARS ($800.00) Page 1 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 4. City /County Fees as follows (based on $900,000.00 building valuation): a. Building Department Fees: $5,805.00 b. Site Plan Approval Fees: $1,300.00 c. Fire Department Fees: $2,780.00 d. Flow Test Fee: $50.00 e. Indian River County Impact Fees: $14,888.00 f. Indian River County Utility Fees: $24,333.00 g. St. John's Fees: $100.00 h. NPDES Fees: $250.00 i. FAA Fees: $0.00 j. City of Sebastian Land Clearing: $100.00 k. F. D. E. P. Fees: $0.00 I. Comcast Fees: $500.00 m. FDOT Fees: $0.00 n. FPL Connection /Deposit Fees: $5,600.00 o. Contingency: $200.00 Total County /City Fee Allowance: $55,906.00 C. List of Qualifications: 1. Builders Risk Insurance based on $900,000.00 valuation since certain aspects of project are not required to be included. All deductibles, out -of- pocket expenses shall be paid for by City. 2. No additional bolt -down mechanisms are included on overhead or hangar door. Doors shall meet required wind loading /pressures. 3. Price assumes existing sleeves available for FPL, Comcast, wind turbine manifold, etc. 4. Building permit fees, fire plan review fees, etc. are based on the valuation of the building only per our discussions with the Building Official ($900,000.00). 5. Since it is difficult to "pinpoint" the exactness of the permit, impact and connection fees, we have included these costs as Allowances. 6. Based on our research and coordination with the Indian River County Fire Department and their new flow test which we expedited, we are able to utilize the existing 4 inch water lateral to satisfy our calculations and pressure demands on the new facility. The fire line must be increased to 6 inches at the connection point in order to make the system work. 7. Alternate No. 7 is based on using two (2) 36 gallon Foam Hose Stations, which are connected to the sprinkler system, AFFF 3% foam. We feel this is the only feasible and cost effective way to introduce foam suppression to this facility without creating a Group II hangar. These stations shall be strategically located in the hangar for proper coverage. This system shall not be required if IRC Fire Page 2 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 Department determines this building is a storage hangar only. Final use and occupancy determinations need to be made in order to classify this hangar and approve the method of protection. Base price for this facility includes protection to match Hangar 'A'. 8. Foam suppression per Group II hangars per NFPA 409 for this facility will be cost prohibitive, especially since there is not enough water pressure /availability to operate this type of system. 9. We cannot guarantee approvals from the AHJ (Indian River County Fire Department) for the fire protection system until after we have submitted and received a permit. Any additional work required shall be an additional expense. 10. We have assumed for this bid that we can utilize the existing water meter at the lift station temporarily for construction. 11. City /County fee qualifications as follows: a. Building permit fees and fire fees are based on a building valuation of $900,000.00. b. Building permit fees include a 3% Radon /surcharge fee per the Building Official. c. Indian River County utility fees are based on six (6) ERU's where applicable, in lieu of five (5) per the previous project (recent adoption). d. Existing water lateral is private, no Health Department permit should be required. e. We believe there are no F.D.E.P. or FAA fees required at this time. 12.Appliance allowance includes delivery and installation. 13.The requested schedule of 195 calendar days will be impossible to achieve. The design and permitting phase should be at least 90 days and construction phase should be 150 days plus 15 days punchlist/final completion. The Liquidated Damages clause needs to be discussed and hopefully negotiated. 14.Alternate No. 1 for Generator includes exterior -rated generator, but no separate enclosure. This alternate does include an aluminum LP gas powered 100 KW 208/120V generator with automatic transfer switch. Alternate also includes a 500 gallon buried LP gas tank with connection to generator and 6 inch thick concrete pad. Location shall be maximum 15 feet outside of electrical room in landscape island adjacent to handicap parking space. If this option is chosen, the parking arrangement will have to be slightly modified to accommodate the generator. 15.Alternate No. 1 does not include fuel. 16.Alternate No. 6 includes home run wiring for CAT5 and RG6 cables from Leviton structural wiring box in phone room to each phone /data box per our electrical plan. Leviton box shall contain one electrical receptacle. 17.The base price includes 18' -0" wide x 10' -0" high interior insulated fire -rated overhead doors. See Alternates for 20' -0" wide doors. Page 3 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 18. Base price includes 20' -0" wide x 10' -0" high exterior overhead door, non insulated. See Alternates for adding insulation. 19.ATT service is not included as requested. Comcast shall provide phone, data and cable services. 20. Price does not include accommodating any Tenant equipment since none are specified. 21. No impact resistant wall protection included, similar to Hangar 'A'. 22. See Alternates for pipe bollards. Bollards requested but not quantified. Existing building does not have any. 23. No framed openings included for tenant equipment none specified. 24. Electrical gear and fixtures shall match Hangar 'A'. Submittals are not necessary nor are they included in this proposal. 25. This proposal is based on Hangar 'B' matching Hangar 'A' finish floor elevation. 26. The "open" hangar portion of this project contains mechanical ventilation only no air conditioning. 27. No provisions included for hazardous and /or flammable material enclosures /protection. 28. The wind turbine system does not include any government, utility or FDOT rebates. 29.This building, per Wayne Eseltine, City of Sebastian Building Official, shall be classified as Group S2 Occupancy. 1 -hour separation required between hangar and office, Rooms 1 through 4. D. Voluntary Alternates: 1. Interior overhead doors to 20' wide in lieu of 18': Add: $1,290.00 2. Add 6" diameter Sch 40 steel painted pipe bollards as requested: Price per each: $240.00 3. Upper cabinets break area: Add: $695.00 4. Add building lightning protection system: Add: $12,760.00 5. Add saw cuts in building slab with maximum spacing of 15 feet between joints, includes additional epoxy floor joint sealant: Add: $1,490.00 6. Insulate exterior 20' 0 "w x 10' 0 "h roll up door: Add: $2,035.00 E. Ahrens shall be responsible for the following: 1. Project supervision and management. Page 4 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS OMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR `B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 2. Architectural /engineering drawings which will include the following: a. Title sheet. b. Site electrical plan. c. Site photometrics plan. d. Foundation plan. e. Required wall sections. f. Room, door and window schedules. g. Electrical plan. h. Architectural elevations. i. Pre engineered building structural drawings. j. HVAC plan. k. Plumbing plan. I. Energy calculations. m. Floor plan, details. n. Fire alarm plan. o. Fire sprinkler plan. p. Compressed air system plan. q. Roof plan /framing plan. r. Complete civil engineering plans. 3. Temporary construction toilet, electric, water and trailer. 4. Project site clean -up. 5. Finish clean -up to include: a. Removal of all construction material and equipment. b. Broom sweep interior of warehouse. c. Wash floors and clean fixtures in office areas, bathrooms. 6. Seven percent (7 Indian River County Sales Tax. 7. Assumed 2500 p.s.f. soil bearing value for foundation design. 8. Building layout, tie -in and finish floor certifications by a certified land surveyor. 9. Required surveyor layout for all site work. 10. Backflow preventor for water service (Domestic water). 11. Builder's Risk Insurance. 12. Airfield Maintenance of Traffic (using airport provided barriers). 13. Fill compaction testing. 14. Concrete testing with 4 cylinder tests per every 50 c.y.'s. 15. Payment and Performance Bond. 16.AII site and building permit applications, fees and processing (see Allowances). 17. FPL deposit/service fees. 18. Water and sewer deposit/connection /capacity fees. 19.All permit and impact fees. 20.Aerial photographs (one set per month). 21. Geotechnical borings and report. Page 5 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 02 SITEWORK A. Ahrens shall be responsible for the following: 1. Clearing and grubbing of site and excavation as required. a. Grass /grubbings shall be loaded into City trucks. b. Clearing and loading is included. c. City shall haul away. 2. Building and parking lot layout by a certified land surveyor. 3. Finish grading building slab and landscape areas. 4. Termite soil poisoning main building slab. Provide one (1) year warranty. 5. Required existing preservation /protection of continued operations. 6. Chain link fencing on site per Site Plan. a. See Site Plan for layout/quantity. b. 6' -0" high no barbwire. c. Specifications per LPA road extension project. d. Two (2) 3' -0" wide personnel gates. e. One (1) 10' -0" wide double swing gate at wind turbine area. f. One (1) 22' -0" wide single slide gate, electric. g. One (1) 12' -0" wide double swing gate for compressor room. h. Two (2) 10' -0" wide double swing gates for dumpster enclosure. 7. Dumpster enclosure as follows (double wide): a. Size: 11' -5" clear depth x 20' -0" clear width (match existing). b. Wall: Concrete block, stucco, painted on exterior. Exposed CMU with tooled joints on interior painted. c. Gates: Chain link with horizontal slats, two (2) pair of gates. 8. Building storm water run -off control via downspout manifold as required, per plan. 9. Landscaping as follows: See allowances. 10. Irrigation System as follows: See allowances. 11. Asphalt demolition per Site Plan at tarmac replacement area. a. Existing asphalt to be loaded into City trucks. b. Asphalt removal and loading is included. c. City shall haul away asphalt. 12. Silt fence per Site Plan and required routine maintenance. 13. Removal of existing 1.5" asphalt (at tarmac): a. To resurface asphalt. 14. Earthwork: a. Truck -in fill provided by Owner (Fill is on job site and about 3/4 mile away). Page 6 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR `B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 b. Build building pad. c. Compacted subgrade concrete sidewalks. d. Rough grade all improvements. e. Finish site grading all improvements. f. Include all compaction tests and surveying. 15. Pavement: a. Resurfaced area: 2" SP -9.5 asphalt with prime tarmac. b. Re -grade existing base as required. c. Parking lots and drives 2" SP -9.5 asphalt with prime, 8" rock base 12" stabilized sub -base. d. Striping Signage per plans. e. Detectable warning mat at handicap space. f. Include all compaction tests and surveying. 16. Storm drainage: a. Type C inlets per plan (2). b. Type C ditch bottom inlet with slot (2). c. 18" RCP (90 L.F.) d. 15" RCP Pipe (72 L.F.) e. One (1) road cut. f. South parking lot sheet drains to (2) flumes to swale. g. Cut back existing 18" RCP /relocate inlet next to building SW. h. PVC RWL manifold to inlets per Site Plan. i. Include surveying /layout. j. Clean -outs with downspout adapters required. 17. Water: a. Connect to proposed 4" DIP fire line. b. 1 -1/2" PVC water service with water meter, RPZ and necessary accessories. c. Testing, surveying and as- built. 18. Fire Line: a. Existing fire hydrants /locations shall be satisfactory. b. Tie into existing 4" water lateral with 6" increaser. c. 6" DIP fire line with necessary accessories. d. Domestic connection /tee. e. 6" DDCV. f. 4" PVC C900 DR14 fire line with FDC. g. Testing, surveying and as- built. 19. Sewer: a. Tie into existing 6" service /lateral. b. 4" PVC sewer line with necessary accessories. c. Clean -outs per code /plan. Page 7 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 03 CONCRETE 04 MASONRY: d. Electronic service mark. e. Zurn oil /water separator with lift ring to match Hangar 'A'. f. Separator cleanouts and sampling port per Hangar 'A'. g. 4" D.I.P. line and fittings from separator to trench inlet. h. High level water alarm. i. Approximately 90 L.F. 4" D.I.P. to trench pit. j. Pre -cast 4' x 4' concrete trench pit in hangar. k. 4" electronic cut -off valve. I. Approximately 130 L.F. 10" D.I.P. from trench pit to existing detention area. Connect to new inlet with goose neck. m. Include compaction tests, surveying and as- built. 20. No curbing included. 21. Concrete sidewalk: a. 4" thick, 3,000 psi concrete sidewalk with 6 x 6, 10/10 WWM or fibermesh with 3/4" deep control joint 6' O.C. and expansion joint filler 48' O.C. b. Walks shall be flush with asphalt. 22. M.O.T. (Maintenance of Traffic) as required. 1. Foundation design per Ahrens Companies. 2. Foundation forming. 3. Footer, grade beam and column pads. 4. Control joints for building slab. 5. Lean -to slab reinforcement: 6 x 6 W2.1 x W2.1 WWM, flat sheets, one (1) layer. 6. Hangar reinforcement: 6 x 6 W2.9 x W2.9, flat sheets, two (2) layers. 7. Concrete as follows: a. 3000 p.s.i. grade: Dumpster slab, reinforced masonry and sidewalks /stoops /pads. b. 4000 p.s.i. grade: Building slab and footings. 8. Concrete finishes as follows: a. Interior: Hard trowel finish. b. Exterior: Light broom finish. 9. Concrete slab thickness as follows: a. 4 Sidewalk, A/C pad. b. 5 Dumpster pad, lean -to sections. c. 6 Hangar floor (center). Page 8 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 A. Ahrens shall be responsible for the following: 05 METALS 1. Standard 8" x 8" x 16" masonry units with Duro -wall horizontal reinforcement every third course. 2. Concrete masonry units (CMU) to be first quality "A" grade cured units or proper shapes and sizes for each application. Broken, cracked, chipped or warped units will be rejected. 3. Use clean sand and water with Type "M" or "S" Portland cement mixed to proper consistency and proportions to achieve best bond between units used. 4. Brace walls as required during construction until walls are permanently tied to structure and /or cured to design strengths. 5. Install vertical steel reinforcing rods in CMU cores filled full with concrete, full height of wall from footings, as per drawings. 6. Set all masonry in full bed and head mortar joints, shoving unit into place, squeezing mortar out of joints and excess mortar immediately struck smooth with masonry units' faces. Voids in any mortar joints will be rejected and units removed and replaced without delays at contractor's expense. Lay units plumb and level. 7. Interior joints are tooled. 8. Area: Dumpster enclosure and compressor room. A. Ahrens shall be responsible for the following: 1. Pre engineered building anchor bolts. 2. Drive pins for attachment of combination base angle /base trim. 3. Louvers as follows: a. Greenheck Model EDS 635X Florida Product Approved extruded aluminum stationary drainable blade louvers with bird screen, match existing building. 1) Three (3) 60" x 60" louvers b. Finish: Bronze Anodized. 4. Storm shutters: a. 28GA galvanized steel panels. b. Header sill tracks. c. Openings as follows: 1) Three (3) 60" x 60" louvers. 2) Two (2) 50" x 50" exhaust fans. 3) One (1) 98" x 50" window. Page 9 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 06 CARPENTRY 5. Chain Link Fencing as follows: a. Provide all material, labor, etc. for one (1) dumpster enclosure gate to be two (2) sets of 10' wide x 6' high double gates mounted on 3 inch posts installed in the ground. b. Provide and install material for one (1) compressor room gate to be 12' wide x 6' high mounted on 3" posts installed in the ground. 1) Fence to use 3 inch end, corner and gate posts and 2 -1/2 inch line posts. 2) Fence to be constructed of all Schedule 40 pipe with a top rail and a mid rail of 1 -5/8" Schedule 40 pipe. 3) Gates to be constructed of 1- 5/8" Schedule 40 pipe with cross bracing and heavy duty hardware. 4) All chain link fabric to be 9 gauge with a 9 gauge bottom tension wire. c. Provide and install material for fencing and gates per Airport detail (as shown on LPA drawings), except height is 6' -0" and there is no barbed wire. 1) Approximately 432 LF of fencing. 2) Two (2) single swing gate (3' -0 "w x 6' -0 "h). 3) One (1) double swing gate (10' -0 "w x 6' -0 "h). 4) One (1) motor operated slide gate (22' -0 "w x 6' -0 "h) with keypad A. Ahrens shall be responsible for the following: 1. One (1) 4' x 4' plywood phone board (by electrical contractor). 2. Blocking for cabinets and toilet room accessories. 3. Cabinets: a. Base cabinets to consist of one (1) 36" sink base and one (1) 36" base, 24" deep, constructed of plastic laminate over particle board. b. Countertop to be 96" x 25" constructed of plastic laminate over particle- board, with 4" backsplash and cut out for double -bowl drop -in sink. 07 MOISTURE PROTECTION A. Ahrens shall be responsible for the following: 1. 5 -day wet cure for foundation required. 2. 6 mil visqueen vapor barrier under building slab. 3. Office area insulation as follows: Page 10 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 a. Stud walls: 3 batt insulation as follows: 1) 8' -0" height at perimeter office walls /telephone room /electric room walls. 2) 8' -0" at restroom walls. 3) Full height at Rooms #1 4. b. Ceiling: 6" R -19 Kraft faced batt insulation as follows: 1) Office, bathrooms, telephone electric room ceilings. c. Rooms 1, 2, 3, 4 insulated full height at perimeter with 3 -1/2" (R -11) batt. 4. Roof jacks for plumbing vent penetrations. 5. Pre engineered building insulation as follows: a. Area: roof and walls complete. b. Type: Lamtec WMP -UV or WCF -50. c. Thickness: 4" (R -13). d. Double stick and patch tape as required. e. Insulation pull tight over purlins and girts. 08 DOORS, WINDOWS GLASS A. Ahrens shall be responsible for the following: 1. Overhead doors as follows: a. One (1) 20' -0 "w x 10' -0 "h exterior Best roll -up door. b. Three (2) 18' -0 "w x 10' -0 "h interior Best roll -up door. c. Exterior finish: Painted to match adjacent wall color. d. Interior finish: primed e. Accessories: 1) Chain hoist operators. 2) Interior slide locks. e. Doors by Best II Doors or equal. 2. Doors as follows: a. Hangar: 1) Motorized Hangar Door for a 58' -0 "w x 20' -0 "h opening. Siding panels to match metal building. a) Alternate #2: Hydro -swing Door Standard hydraulic one piece door by Schweiss. b) Alternate #3: Sliding Door Standard 2 -way Sliding Door by UNITED STRUCTURES OF AMERICA c) Alternate #4: Bi -Fold Door Standard Bi -Fold System by Schweiss. 2) 3070 metal building "Ultra doors" with complete hardware package (6 total). Page 11 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 09 FINISHES b. Offices, bathrooms, telephone, electric and storage room: 1) Interior doors are all 3' -0" x 6' -8" 18 GA HM doors /16 GA frames, except 6' -0" x 6' -8" at storage. 3. Finish Hardware as follows: a. It is intended that the hardware listed below will provide an example of all finish hardware to complete the project. Any hardware not specified herein shall be provided and be modified to that specified for similar openings. b. See attached specifications. 4. Windows as follows: a. Interior windows are HM framed, with fire lite glass. 1) One (1) 12' -0" x 4' -0 five (5) lite windows. 2) One (1) 5' -0" x 4' -0 two (2) lite windows. b. Exterior window is an 8' -0 "w x 4' -0 "h aluminum framed, two (2) lite window with tinted non impact glass. c. Alternate for exterior window to be impact rated. A. Ahrens shall be responsible for the following: 1. Painting as follows: a. Drywall partitions and ceilings, interior doors and frames, stucco. b. Outside of exterior 3' -0" x 7' -0" doors and exterior roll -up door to match metal siding panels. c. Caulking of all joints between doors, window frames and drywall. c. Color schedule: To be selected. 2. Suspended acoustical ceiling system as follows: a. Acoustical ceiling board: Armstrong, white, 24 inch x 48 inch x 5/8 inch, #1729 Fine Fissured Humiguard square edge lay -in or approved substitute. b. Suspension system: Armstrong 15/16 inch grid with angle wall molding, Color: white enamel c. Areas: Office, men's room, women's room and handicap restroom. d. Ceiling heights: All rooms at 8' -0 3. Gypsum board partition and ceiling systems as follows: a. Drywall partitions and suspended drywall ceilings: Tapered edge drywall, 5/8 inch thick on 3 -5/8 inch, 25 gauge metal studs at 16 inches on center interior walls. Denshield on shower walls. b. Fastening and finishing: 1 inch self- tapping non corrosive screw at 12 inches on center, joints of board finished with 2 inch joint tape covered with two (2) coats of spackling compound and orange peel finish. Page 12 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 c. Trim and edging: 24 gauge galvanized steel d. Ceiling heights: Electrical and Telephone Rooms at 8' -0 7' -0" at shower, Rooms #1 4 open to roof. 4. Ceramic wall tile as follows: a. 6 x 6 ceramic. b. Areas: Handicap shower walls full height. 5. Porcelain tile as follows: a. Areas: Restrooms. b. Base: 4" high porcelain for this area. 6. VCT as follows: Areas: Office, telephone electric and storage rooms. 7. Vinyl wall base as follows: All GWB partition walls, except at bathrooms. 8. Epoxy floor system as follows: a. Shot Blast Floor. c. Patch and repair divets and cracks. d. Apply coat of pigmented epoxy primer. e. Apply mid coat of pigmented 100% solids epoxy (necessary to hide shot blasts lines). f. Apply to top coat of pigmented Chemical Resistant Urethane. g. Apply caulking to saw cuts. 10 SPECIALTIES A. Ahrens shall be responsible for the following: 1. Toilet and bath accessories as follows: a. Surface- mounted toilet tissue dispenser for two rolls: ASI 7302.2B (4 required). b. Wall- mounted soap dispensers: ASI 0347 (5 required). c. Mirrors as follows: ASI 0620 -1830 18" x 30" tilting mirrors (5 required). d. Grab bars: Three (3) 36" ASI 3700- 01 -36, and three (3) 42" ASI 3700- 01-42 and one (1) 30" x 60" x 30" u- shaped peened grab e. Wall mounted paper towel dispensers: ASI 0210 (5 required) 2. Partitions: AMPCO plastic laminated (standard colors) particle board core, floor mount, overhead braced, chrome plated hardware: a. Three (3) toilet compartments b. One (1) urinal screen. 11 EQUIPMENT A. Ahrens shall be responsible for the following: Page 13 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. 1. United Structures of America pre- engineered building as follows: a. Main Building: 66' -0 "w x 141' -0 "I x 23' -0" eave height, six (6) bays 23' -6 rigid frame, bypass girts. b. Lean -to: Two (2) units, 20' -0 "w x 141' -0 "I x 13' -5" eave height, six (6) bays 23' -6 1 /2 load frames at left and right endwalls, bypass girts. c. Roof slopes: 1-1/2 on 12. d. Design Toads: 1) Frame live load: 12 Ibs 2) Roof live load: 20 Ibs 3) Wind Toad: 135 m.p.h. 4) Miscellaneous: UL 90 uplift 5) Exposure: C 6) Importance Factor: 1.0 7) Collateral load: 5 pounds 8) Code: FBC 2007 with 2009 revisions e. Suctions straps as required. f. Roof panel: 26 gauge, zinc aluminum, PBR screw down panel, with twenty year material warranty (See Sample Warranties). g. Wall panel: 26 gauge, "A" or "R" panel, standard color with twenty year color warranty (See Sample Warranty). h. Accessories and /or modifications: 1) Combination base angle /base trim. 2) 1" wide roof mastic tape for panel laps. 3) Standard eave gutter with required downspouts. 4) Hangar door alternates per proposal sheet. 5) 12 gauge steel framed openings. 6) Colors and components per elevation schedule (match existing hangar). 7) Twenty -four (24) skylights. 8) Six (6) 3070 "Ultra" doors with complete hardware package. Page 14 of 23 SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 1. Fire protection specialties as follows: a. Six (6) bracket mounted fire extinguishers in warehouse area. b. Extinguishers: JL Industries 8E10 C c. Brackets: (6 required), B -2 or approved substitute. 12 FURNISHINGS (Not Used) 13 SPECIAL CONSTRUCTION A. Ahrens shall be responsible for the following: THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 15 MECHANICAL 9) Six (6) ridge monovents. 10) Framed opening for: a) One (1) 58' -0" x 20' -0" hangar door. b) One (1) compressor room. c) Two (2) exhaust louvers. d) Three (3) intake louvers. e) One (1) 8' -2" x 4' -2" window. g) One (1) 20' -0" x 10' -0" overhead door. 11) Sheeting /trim for hangar door operation in base price. i. Building erection. 14 CONVEYING SYSTEMS (Not Used) A. Ahrens shall be responsible for the following: 1. Plumbing as follows: a. PVC DWV pipe and fittings for the underground sanitary piping system. b. PVC DWV pipe and fittings above the slab for the sanitary piping. c. Install 1 -1/2" PVC water service, out of building; tie into Owner's meter. d. Install one (1) 1 -1/2" backflow preventor valve, for domestic service (by site contractor). e. Plumbing layout. f. Air conditioning condensate lines with terminations (by HVAC contractor). g. Backfilling of all trenches by contractor. h. This proposal does not cover the enforcement of future codes, building requirements and ordinances. i. Appliances (see Allowances). j. This proposal includes firesafing of pipe penetrations. k. Domestic water system is based on using CPVC -CTS. I. This proposal is based on using black steel clevis hangars and riser clamps where required by code. m. Oil /water separator, by site contractor. n. This proposal includes 4 hose bibs. o. All main water distribution piping installed below slab. p. Hot water service to all faucets. q. All oil interceptor drain line, sanitary sewer drainage, waste and vent drain lines installed in Sch. 40 PVC type piping. r. All drain lines servicing the oil interceptor to be 4" ID piping. Page 15 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 s. Pipe system material air chambers for water hammer prevention. t. Trap primer service to eyewash and bathroom area floor drains. u. All above slab fixture P -traps to be tubular PVC. v. Water heater to be installed above finished ceiling in bathroom area. w. Fixture quantities: 1) WC -1 a) Two (2) American Standard #2998.012.020 white elongated ADA water closets with right hand flush. b) One (1) American Standard #2998.012.020 white elongated ADA water closet with left hand flush. c) Three (3) Bemis #1055SSC -000 white elongate open front less cover water closets seats. 2) WC -2 a) One (1) American Standard #2898.012.020 white elongated ADA water closet. b) One (1) Bermis #1055SSC -000 white elongated open front I less cover water closet seat. 3) UR a) One (1) American Standard #6581.015.020 white urinal. b) One (1) Zurn #Z- 6003 -WS4 -YBYC urinal flush valve. 4) LAV -1 a) Three (3) American Standard #0355.012.020 white wall -hung china lavatories with typical lavatory wall hanger brackets. b) Three (3) Zurn #Z -7440 chrome lavatory faucets with single lever handle. c) Three (3) Zurn #Z -8746 chrome 1 -1/4" offset grid drains. d) Three (3) Plumberex #X4444 offset trap wraps. 5) LAV -2 a) Two (2) American Standard #0355.012.020 white wall -hung china lavatories with typical lavatory wall hanger brackets. 6) LT a) One (1) Zurn #ZMS2620 -F -DF1 composite floor mounted utility sink complete with dual handle faucet. 7) SH a) One (1) tiled shower by other. b) One (1) Zurn #Z- 7301 -SS -MT chrome pressure balance shower faucet with single lever handle. c) One (1) PVC chrome shower drain. 8) FD -1 a) Two (2) Zurn #Z- 541- DG- SS -4NL floor drains with cast iron body, Duresist heavy duty grate and stainless mesh line. Page 16 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 9) FD -2 a) Four (4) Zurn #ZN- 415- 5B -3NL floor drain with cast iron body and grate. 10) EEW a) One (1) Speakman #SE -697 floor mounted combination eyewash and pull shower. 11) EWC a) One (1) Elkay #EZSTL8LC dual level electric water cooler. 12) EWH a) One (1) A.O. Smith #ECLN -40 40 gallon 240 volt 4500 watt lowboy electric water heater. b) One (1) Amtrol #T5 thermal expansion tank c) One (1) Wilkins #35 vacuum breaker. d) One (1) Hold -Rite #50 -SWHP suspended water heater stand with integral safety pan. e) One (1) 1" PVC water heater pan drain line. 13) KS a) One (1) Dayton #D -23322 stainless steel 33" x 22" equal bowl self- rimming kitchen sink. b) One (1) Zurn #Z- 7870 -C chrome sink faucet with single lever handle less spray. c) Two (2) chrome sink strainers. 14) HB a) Four (4) Zurn Z- 1341 -P34 rough bronze wall hydrants with wheel handle, loose key and integral anti siphon device (locations per builder directives). 15) IM a) One (1) plastic ice maker box. 16) FCO a) Three (3) Zurn #ZN- 1400 -HD -4NL floor clean -outs 17) ECO a) Three (3) Zurn #Z- 1400 -4NL exterior clean -outs. 18) TP a) Four (4) 1 -1/4" tailpiece trap primer. 2. HVAC system as follows: a. See sheet 601 for details and locations. b. OFFICE /PHONE ROOM: 1.5 ton (18,000 BTU) Samsung EH052CAV /U052CAV, 15.0 seer mini -split system with condenser and one (1) pancake AHU with ducts to office and phone room, fire damper as required. Page 17 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 c. ROOM No. 1: 1.5 ton (18,000 BTU) Samsung AQV18JA/AQV18JAX, 17.0 seer mini -split system with condenser and wall hung AHU. d. ROOM No. 2: 2.0 ton (24,000 BTU) Samsung MH050FXCA2A/MH035FNCA, 17.0 seer mini -split system with condenser and two (2) wall hung 1.0 ton AHU's. e. ROOM No. 3: 0.75 ton (9,000 BTU) Samsung AQVO9JA/AQVO3JAX, 20.0 seer mini -split system with condenser and wall hung AHU. f. ROOM No. 4 /RESTROOMS: 2.0 ton (24,000 BTU) Samsung MH080FXCA4A/MH052FNCA wall mount/MH026FECA slim duct. 1.5 ton wall mount AHU in Room No. 4 with 0.75 ton pancake AHU above restrooms, one (1) condenser, 15.0 seer, fire damper as required. g. Air handler units suspended from structure. Main trunk line constructed of R -6 rigid ductboard. Branch take -offs constructed of R -6 foil flex duct with scoop and dampers. Install exhaust and fresh air duct. All joints to be sealed with mastic. Install supply and return air grilles as specified. h. Condensing units to be mounted on slabs on grade. i. Equipment manufactured by Samsung or approved substitute. j. All warranties according to manufacturer's recommendation. k. Air conditioning contractor warrants one year on parts and labor. I. Ductwork to be fabricated of 1 -1/2 fiberglass ductboard and R -6 flexible duct (where required). m. Vent 3 bathroom fans, and outside air duct to wall jacks, fans included. n. Wireless programmable thermostats. 3. Fire sprinklers system as follows: a. This proposal is based upon fire sprinkler system layouts as designed by Delta Fire Sprinklers, Inc. based only on design criteria as provided by the Ahrens Companies Architects /Engineers. Our sealed shop drawings are designed to meet the requirements of NFPA 13, 409, and NFPA 14, Florida Building Code and actual building construction for the details, design criteria and scope of work herein. b. Water supply information of (static =64 PSI, Residual =60 PSI flowing 1000 GPM) dated November 8, 2010,was used in developing this proposal. Should the water supply vary in quality or quality after the test date above the Buyer will be responsible for any additional work necessitated by the lesser condition. c. The project is a design build project. d. Wet pipe systems of automatic fire sprinklers to be installed throughout entire building. The system specified herein are to be hydraulically designed per the requirements of NFPA 13, latest Edition standards. Hydraulic calculations shall be provided to prove that full density Page 18 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 requirements can be met using municipal water supply as the primary supply. e. Aircraft/Layup Areas: Design criteria Provide a wet pipe system of automatic fire sprinklers in accordance with NFPA 409 and NFPA 13 for an Extra Hazard Group I occupancy with a density of .30 GPM /2500 SQFT Design area. f. Office Areas: Design criteria Provide a .10 GPM /Sq Ft for all including the remote 1500 Sq Ft of floor area with spacing at 225 Sq Ft per sprinkler utilizing white concealed, quick response 165 F sprinklers. All sprinklers to be centered in ceiling tile. g. Processing Rooms: Design criteria Provide a density of .20GPM vs 2000 Sq Ft for any Ordinary Hazard Group II occupancy. h. Wet pipe systems of automatic fire sprinklers to be installed throughout entire building. The system specified herein are to be hydraulically designed per the requirements of NFPA 13, latest Edition standards. Hydraulic calculations shall be provided to prove that full density requirements can be met using municipal water supply as the primary supply. i. Pipe and fittings: 1) All piping is to be black steel, Sch 40, in accordance with NFPA #13, latest edition as selected by Delta Fire Sprinklers, Inc. or approved substitute. j. Hangers: 1) Necessary hangers in place to support sprinkler piping in accordance with NFPA #13, latest edition. k. Fire department connection: 1) Provide one (1) 4" x 2 -1/2" x 2 -1/2" rough brass fire department connection, with check valve per site plan. I. System control valves: 1) Provide one (1) indicating butterfly type, valve monitor. m. Alarm devices: 1) Provide one (1) waterflow indicating switch, valve monitor switch and electric bell. n. Drain piping: 1) Main drains to property drain system, run to an accessible place for discharge at point selected by contractor. Piping to extend to existing grade to prevent staining of exterior wall surface. o. Underground pipe and fittings: Per plans. p. Double check valve assembly: 1) Provide and install one (1) 6 inch diameter above ground double check valve assembly to prevent backflow at the point of connection to the city water supply. Page 19 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. l ;Th SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 16 ELECTRICAL q. Flushing and testing: 1) Provide necessary testing and flushing of piping as required by Owner's underwriter and local codes. r. Requirements of regulatory agencies: 1) All work shall be approved by the local fire department, prior to work commencing, subject to the limitation contained herein. s. Reference standards: 1) NFPA #13 Sprinkler Systems. 2) NFPA 14 Stand pipes. 3) NFPA #24 Underground Fire Mains. 4) NFPA 409 Aircraft Hangars. 5) 2007 FBC. t. Submittals: 1) Shop drawings and product data: Working plans shall be prepared to include data required by the local fire department. Submit to the Buyer one (1) set of drawings bearing the stamp of approval of the local fire department. 2) Test reports and certifications: Upon completion of final inspections and tests as required by the various authorities, submit copies of Contractor's Material and Test Certificate, Parts A and B, to the local department. A. Ahrens shall be responsible for the following: 1. Electrical as follows: a. Furnish labor and materials necessary to provide the electrical installation as specified in accordance with the drawings /specifications. b. 400 amp 3 phase 208 V service. c. Underground service to existing pad mounted transformer per Site Plan (assume existing sleeves available). d. Comcast cable service from existing termination point on -site to phone room(assume existing sleeves available). e. CCTV and security systems by Owner. f. Provide alternate for lightning protection system. g. Connection to exhaust fans as required with disconnects and motor switches. h. Aircraft static grounding system per plan. i. All outlets at hangar shall be 48" AFF. GFI. j. Office: Page 20 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 1) One (1) 1.5 ton a/c mini -split system. 2) Outlets per code 3) Phone /data stubs office /hangar per plans. k. EM lights in hangar per plan. I. Quads and duplexes in hangar per plan. m. Aircraft door controllers and motor connection. n. 84 ckt., 400A multi- section Panel 'A' and 30 ckt, 125A Panel 'B'. o. 4' x 4' plywood phone board in phone room (fire retardant). p. Irrigation time clock and controls. q. Exterior wall pack lighting per plans (8 Type D and 3 Type C fixtures). r. Electrical room per plans. s. 2 x 4 lay -ins at office and restrooms. t. Exit/emergency lights per code. u. One (1) outlet for future refrigerator (under counter). v. Restroom GFI's. w. Three (3) exhaust fans, install at restrooms. x. One (1) 40 gallon 4500 HW heater y. See enclosed site plans, power plan and lighting plan (Sheets SP -1, SP -2, 801, 802) for all included items. z. A/C mini -split systems as follows connections per HVAC specification. aa. No equipment connections included for tenant equipment, except compressors. bb. All switches for fluorescents shall be controlled with occupancy sensors per code. cc. All hi -bay lights controlled with rotary timers. dd. Provide alternate for communication system including structured wiring Leviton box in phone room with cable and phone lines (home runs) to each phone /data jack per power plan. ee. See alternate for surge protection on electrical service. ff. Connection for electrical to motorized slide gate and key pad pedestal. gg. Provide all fire alarm device boxes and conduit. hh. High level water alarm dedicated electric connection for separator inside building and at separator. ii. Conduit to DDCV. jj. Low voltage to cut -off valve solenoid at trench pit. kk. Air compressor connections per plan. II. One (1) EWC connection. mm. One (1) dishwasher receptacle. nn. Sump pump explosion proof receptacle. oo. Fire alarm panel receptacle. pp. Future sign receptacle (2). Page 21 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 qq. Telephone board receptacle. rr. Provide fire -rated penetrations /seals at all walls. ss. See Alternates for Generator option. tt. Two (2) 3" PVC conduit stubs into phone room for future ATT service. 2. Fire alarm system as follows: a. One (1) control panel, AlarmNet 7720 ULF addressable. b. One (1) exterior pull station, System Sensor std. exterior rated. c. One (1) water flow switch. d. Three (3) tamper switches. e. One (1) weatherproof horn /strobe, System Sensor P2475K. f. Exterior Knox Box 3200 Series per plan. g. One (1) DACT (Digital Alarm Communication Transmitter). h. Surge protection required. i. One (1) high -level water alarm (indicator for oil /water separator). j. One (1) connection to solenoid for cut -off valve trench pit. k. Connection to DDCV on -site. I. One (1) bell for flow, System Sensor, 24 volt. m. Approved substitute for fixtures are allowed. n. UL listed. o. All addressable devices. p. Connect to sprinkler system to annunciate water flow alarm and valve tamper. q. Includes all necessary cable and conduit per code. 3. Lightning Protection System as follows (see Alternates): a. Approximately 1,500 L.F. of conductor cable. b. Approximately sixty (60) terminals. c. Nine (9) ground locations. d. Conformance with US96A, LPI -175 and NFPA 780. e. Conductors exposed except first 10 feet from grad in PVC conduit, painted. 4. Wind Turbines as follows: a. Five (5) 2.0 kw Vertical Axis Wind Turbines with magnetic polarized alternator. b. Inverter for reverse metering back to FPL power grid. c. 15' high aluminum support pole, bolted into concrete footing. d. No government rebates are included in our proposal. 5. Access control as follows: Not Applicable. 6. Security System as follows: Not Applicable. 7. CCTV system as follows: Not Applicable. Page 22 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. SPECIFICATIONS FOR DESIGN BUILD HANGAR 'B' SEBASTIAN MUNICIPAL AIRPORT SEBASTIAN, FLORIDA NOVEMBER 12, 2010 17 DUE DILIGENCE A. Please see attached letter regarding our research performed in order to present a complete, qualified proposal. Also refer to the FPL information and IRC Fire Department Flow Test that we coordinated. Page 23 of 23 THIS DOCUMENT, DATED NOVEMBER 12, 2010 IS COPYRIGHTED AND IS THE PROPERTY OF AHRENS COMPANIES. IT IS UNLAWFUL TO COPY AND /OR USE THIS DOCUMENT FOR ANY REASON WITHOUT WRITTEN PERMISSION FROM AHRENS COMPANIES. 7/ f'\' (1 L)/ AHRENS COMPANIES November 12, 2010 Mr. Al Minner, City Manager Sebastian City Hall 1225 Main Street Sebastian, FL 32958 Dear Mr. Minner: We have performed a tremendous amount of research for this project to ensure an accurate and qualified bid. We are quite familiar with the processes and procedures required in the City of Sebastian, since we completed the design and construction of Hangar 'A'. Greg Celentano has coordinated with the following entities during this bidding process: 1. FPL: We discussed our proposal with Dennis Pagano and he has given us his schematic design for the future hangars. A new transformer shall be placed between Hangars 'B' and 'C' per our site plan. This shall be our connection point. The existing transformer cannot be used for our building. Please see attachments from FPL. 2. Indian River County Utilities Department: We spoke to Jesse Roland and he helped us define all of the fees associated with his department. 3. City of Sebastian Building Official: We coordinated several life safety issues and fees required with Wayne Eseltine. 4. City of Sebastian Growth Management: We spoke with Rebecca regarding site plan fees. 5. Greg Celentano conducted site visits with our site contractor, two electricians, three concrete contractors, and our designated superintendent. 6. Indian River County Fire Department: We coordinated a new hydrant flow test (see attachment) to ensure adequate pressure availability. We also spoke to Lieutenant Richard Marini and John Duran regarding the validity of our design proposal, which they have verbally accepted. 7. We devoted a lot of time and energy into dissecting this project and presenting several ideas and questions in detail to ensure a qualified and comprehensive proposal. Thank you for your consideration and we look forward to working with the City of Sebastian once again. Sincerely, AHRENS COMPANIES Barbara Fleisher President RESEARCH AND DUE DILIGENCE 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 Greg Celentano From: Pagano, Dennis G [Dennis.G.Pagano ©fpl.com] Sent: Wednesday, November 10, 2010 1:52 PM To: Greg Celentano Subject: RE: Sebastian Hangar B' site plans Attachments: image004.jpg; SEBASTIAN AIRPORT HANGER B PROPOSAL.pdf This proposal comes from what I had discussed with Joe Griffin and an attempt to "master plan" the east side of the airport. The transformer would sit between buildings B C and would provide service to both buildings. It would be a good thing to install some conduits for the service to building c under the pavement as I have shown. The costs for the transformer for this building will be close to $4,000. The deposit that the customer would have to pay to open up the account in their name would be $1600. There would be no work you would have to do to install any conduit for FPL unless you damage the existing :3 #2" pvc that lies about 5ft off the edge of pavement. The electrician would have to install his own conduit and wire to the transformer in the western corner of the building and not as shown going to the transformers that feed the lift station. If there is any additional questions, please let me know. Dennis From: Greg Celentano mailto: GregCelentano @ahrenscompanies.com] Sent: Wednesday, November 10, 2010 11:41 AM To: Pagano, Dennis G Subject: FW: Sebastian Hangar 'B' site plans Dennis, Please see the attachment for our proposed site plan for Sebastian Hangar B as discussed. Please send back your requirements, layout, requested transformer location and connection fees for this project. Thank you, Gregory L. Celentano Vice President 11/11 /2010 AHRENS OMPANIES Click our logo to check us out on the web. From: Greg Celentano Sent: Friday, November 05, 2010 7:55 AM To: 'jlylewpe @aim.com' Phone: 561 -863 -9004 ext. 112 Toll Free: 877- 263 -9004 Direct: 561-839-2837 Cell: 561-718-9961 561 863 9007 Fax: Email: gcel entano com Page 1 of 2 4 PROPOSED AIRCRAFT HANGAR g CITY OF SEBASTIAN SEBASTW4 MU NCPAL AIRPORT SEBABTLMI FLORIDA 92958 AA HRENS An COMPANIES I ct. °At) I0 -P I csi 4t 0 0 0 bJ 2 X X 1 1 r.. 70 11 11 Cl. CtS E rIti o to I_a J 0 A 9 4 4 s r111E11�um111311N 1imn�u1�ui11uN111M1u1 â– uurotiau11iRuIIIII muse s 0 N 3 O 8 (001 ELM sies) aanssaad b tO w g g 8 p x: S R 2 S 8 8 o 8 o 1� g n ry f� N a e P y1 andm tN»ï¿½ A �7 p w o q �p lV 1� Q M a 00 .Y 4 A A b b b 41 Yl b f r A R M N ry M p C� .6. m t i J E 1 1 1 I 3 VI 8 g $52 id e O r 1. Site Plan Review check box I IPre Application -No Charge Comm Dev Codes Fee Total $75.0C 0.00 5 Units up to a maximum of 5000 square feet SPMN,SPAD,AOE $250.00 0.00 5 -50 Units 5000 to 50000 square feet SPMJ,SPSE,AOE 50 Units more than 50000 square feet SPMJ,SPSE $400.00 0.00 Planned Development (PD) LESS than 50 units SPSE,PRDP,PLTP $400.00 0.00 $1,200.00 0.00 Planned Development (PD) more than 50 units SPSE,RDP,LTP 1 Administrative Approval (AA) SPAD,ROWA $50.00 0.00 Ti DRI $1,500.00 0.00 City State Total $0.00 2. Construction Plan Review MINIMUM FEE $100.00 VALUATION (from permit) Total Fee Multiply valuation X .0025 $0.00 Print Blank. Indian River County Fire Prevention Plan Review and Permit Application Plan reviews, permits or flow testing will not be started until all Tees are paid. 33. Ohange of'Occupancy °Plan Re -view- NoS'Con MINIMUM FEE $100.00 SQ. FT. (from permit) Multiply Sq. Ft. X .02 Total Fee $0.00 4. Fire. Suppression arid Alarm ;Systems PI S MINIMUM $50.00 Formula: $50.00/ 1st $1,000.00 then $4.00 per $1,000.00 after check box Sprinkler Standpipe Systems Pre engineered Fire Extinguish- ing Systems Fire Alarm Systems Standpipe Systems Sprinkler Systems Value $50.00 $0.00 $0.00 $0.00 $0.00 $0.00 plus( 4/$1000 0.00 0.00 0.00 0.00 0.00 Total Fee Total 0.00 0.00 0.00 0.00 0.00 $0.00 Rev. 11/16/04 Pagel of 2 A-pp,IF:cant infer natibn Contractor Name:Ahrens Companies Who will receive comments Name: Greg Celentano Address: 1461 kinetic Road Street Lake Park FL 33403 City State Zip Code Phone (561) 863 -9004 Fax (561) 863 -9007 Job Value Certificate Project Name: SebastianHangarB *Job Valuations exceeding $2,500 must be accompanied with a Notice of Commencement *Fees are due at time of application Project Address: 202 Airport Drive East Street Sebastian FL 32958 City State Zip Code Print Blank. Indian River County Fire Prevention Plan Review and Permit Application Plan reviews, permits or flow testing will not be started until all Tees are paid. 33. Ohange of'Occupancy °Plan Re -view- NoS'Con MINIMUM FEE $100.00 SQ. FT. (from permit) Multiply Sq. Ft. X .02 Total Fee $0.00 4. Fire. Suppression arid Alarm ;Systems PI S MINIMUM $50.00 Formula: $50.00/ 1st $1,000.00 then $4.00 per $1,000.00 after check box Sprinkler Standpipe Systems Pre engineered Fire Extinguish- ing Systems Fire Alarm Systems Standpipe Systems Sprinkler Systems Value $50.00 $0.00 $0.00 $0.00 $0.00 $0.00 plus( 4/$1000 0.00 0.00 0.00 0.00 0.00 Total Fee Total 0.00 0.00 0.00 0.00 0.00 $0.00 Rev. 11/16/04 Pagel of 2 Indian River County Fire Prevention Plan Review and Permit Application Plan reviews, permits or flow testing will not be started until all fees are paid. 5. Permits Permits requiring a 3rd visit for noncompliance will be charged a reinspection fee. check box Fee Gas Storage Tanks Air Curtain 1 -3 Acres Applicant must fill out separate application. n Air Curtain 3 -9 Acres Applicant must fill out separate application. n Air Curtain 9 Acres Applicant must fill out separate application. $50.00 $150.00 $200.00 $500.00 Total Fee 0.00 0.00 0.00 0.00 0.00 ydrant Flow' check box V Fire Hydrant Flow Test (up to two hydrants). n Dry Hydrant Test Fee $50.00 $150.00 Total Fee 50.00 0.00 $50.00 Make Checks Payable to: I.R.C. Fire Rescue 1800 27th Street Vero Beach, FL. 32960 Amount Due: $50.00 Page2 of 2 1 rouyw�.noo,.we- a�rvs,a SN3UHr 9S6ZE VOIHOId NVLLSV83S 18OdHM IVdlOINf1W NVLLSV93S NVI1SV99S AO A110 s HVONVH 1iVHO111V cI SOdOHd e i1 ._..r.rao nome woomr.ma .m....., ..l..., m e o w "me *so..._.tO .o, ,C,a.. ........o a.. a...l.. 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'''',I Il f- V.1 .6 Cf, ,.1 ..e i g #1 .14 g MP I I, lap I I ALLP t Map D9 Am L !Kap 09 Map 09 MEM Of ship &Lep pe hop 9 p L ,,Aep z IAIIP IC pI slap 9 Mei) 9 LIAM OC Map 9 Ma 9 Map y Map 9 Map 9 •Mep 9 Map 9 Map fa shp 9 slap LIAM ZI• Map 9 isALIP OZ 1aS0dOld FIRST INTF_RVIEW COUNCIL APPROVAL SIGN CONTRACT START CONSTRUCTION DRAWINGS SUBMIT FOR BUILDING PERMIT SITE PERMIT F ART STIEVVORK CONSTRUCT BUILDING PAD FBUILDING PERMIT LAYOUT BUILDING FORM BUILDING FOUNDATION ROUGH PLUMBING ELECTRIC POUR FOUNDATION FOUNDATION CURING TIME BUILDING DEANERY BUILDING ERECTION ROUGH INTEFUOR ELECTRIC INTERIOR WALL FRAMING AcIONVO TIYM ONIAVd ONIFIINDId MORON INT1id TWANG OVAH NOILULNI ONINOOld ONTI130 ivOtisncriv OVAN 'MLA EE//(H ONI9WIld .139 011:1103131VNId LANDSCAPING !IRRIGATION STRIPPING BUMPERS FINAL INSPECTIONS CERTIFICATE OF OCCUPANCY ISrINONGd OWL VII ma :el r981WX13140S Nyusysas Pak in Ell El 1 lid Eghl [EN II DE Ufl UR 1.! ri ug N rl ,r I 0 N V I 10 sr a AHRENS COMPANIES SINCE 1902.....OUR FAMILY HISTORY We at Ahrens Companies are proud of continuing a family tradition that has spanned over one hundred years. The Ahrens Companies has been serving Florida since 1902. Our tradition of excellence in construction originated with the formation of Ahrens and Son Roofing, Sheet Metal and Ornamental Iron Works. George W. Ahrens and his son, Frank, started what was at that time the only roofing and sheet metal company in South Florida. Operating out of their shop at 90 1st Street in West Palm Beach, Florida, their services included roofing, re- roofing and designing and building ornamental wrought iron chandeliers. Some major projects included the Hutton, Stokesbury, Chase and Dodge Estates and Whitehall, roofing and chandeliers in the Paramount Theatre and the roofing and sheet metal in the Biltmore Hotel and the Harvey Building. In 1929, Frank Ahrens formed two new businesses named Ahrens Roofing and Sheet Metal Supply Company (later called Ahrens Materials) and Service Iron Works. The roofing and sheet metal company sold just about everything necessary for roofing jobs including roofing materials, tiles, galvalume sheets, angle iron, insulation, nails, tools, etc. Service Iron Works was basically a general machine shop specializing in dredge work, lathe work, bar joists and irrigation pumps. It was in 1969 that Charles Ahrens and his son, Richard, formed Ahrens and Sons, Inc. This company was a general contracting firm that specialized in designing and building conventional and pre- engineered building systems. Charles retired in 1990 and Richard and Barbara Ahrens continue what is now called Ahrens Companies. We are essentially a family of companies with a broad range of services. From schematic design drawings to the issuing of the Certificate of Occupancy, we handle all the aspects of a project from beginning to end. We would like you to join our family of satisfied customers. 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS AIA II COMPANIES BARBARA FLEISHER PRESIDENT CFO Barbara's education and career history is commercial and industrial construction, real estate and property management. From 1985, Barbara has owned Ahrens Realty, Inc., Ahrens Management, and since 1992, Ahrens Companies. As President and CFO of Ahrens Companies, her responsibilities encompass: Maintaining client relations from the beginning to end of their project: contract review to job closeout. Overseeing the Accounting Department and preparation of all financial statements and work in progress for the CPA's 6 month and annual reviews Obtaining Bonds for construction projects Safety Program: Educating the field, management team and implementation in accordance with OSHA guidelines. Banking Relations Budget control for office and project operations Negotiating annual insurance requirements, i.e. general liability, errors and omissions and worker's compensation, in addition to handling all audits Human Resources Marketing Barbara has overseen the following projects from site procurement, working closely with the Ahrens design team, and construction (including Project Manager /Superintendent field responsibilities). Prosperity Farms: 4,000 sq. foot commercial multi- tenant rental building Ahrens Holdings: Corporate offices consisting of 10,000 sq. feet of office /warehouse space Pine West Centre: 20,000 sq. foot commercial multi- tenant rental facility consisting of three buildings Residential: Improvements in excess of $250,000. Park Avenue: 45,000 sq. foot three -story, mixed use condominium project Florida Licensed Broker BK 242583 Past Board Member and Vice President of the YWCA of Palm Beach County 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS 141 COMPANIES RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT Extensive business experience and education has allowed Richard to develop a firm foundation from which to base logical and fundamentally sound development decisions. Since his graduation in 1969, he has been involved in the design and construction of projects ranging in size from 20,000 to 200,000 square feet for such firms as Frit -o -Lay, National Gypsum Corporation, Kimmins Recycling, Grumman Aerospace, Bonsai Corporate, Matheson Tri -Gas, Turnberry Associates, Sierra Business Park, Loblolly Pines, Rybovich- Spencer Boatworks and Florida Power Light. He also has gained great experience in dealing with governmental authorities such as environmental agencies, planning /zoning departments city councils. KEY EXECUTIVE MANAGEMENT SKILLS Team development and training. Building and maintaining professional relationships. Strategic planning and implementation. Supply chain management. Exceeding goals and objectives. Project management from conception to completion. Navigating organizations to success. Mergers and acquisitions. E- commerce and general management. EDUCATION PROFESSIONAL AFFILIATIONS: University of Florida, Gainesville, Florida 1969 B.S. Business Administration Licensed Building Contractor, CB C006515, State of Florida Affiliation Sigma Alpha Epsilon Fraternity, University of Florida Athletic and Booster Associations Advisory Council Member of the University of Florida M.E. Rinker School of Building Construction University of Florida Real Estate Advisory Board Member Past Advisory Member to the President of Republic Steel Corporation Past Advisory Member to the President of Kirby Building Systems and A S Building Systems Past Building Code Advisory Board member Palm Beach County Member of the Associated General Contractors of America and Associated Builders Contractors Jack Miller Nationwide Builders Network Economic Development Council of St. Lucie County 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS ArAM COMPANIES Mr. Celentano moved from New York to Palm Beach Gardens shortly after graduating from Rensselaer Polytechnic Institute. He joined the Ahrens team in October of 1989 and during this time he has been involved in all areas of design and development, including conceptual and complete designs, estimating, project management, construction administration and supervision. His creative and innovative design solutions have not only been cost effective and functional, but architecturally appealing to our clients. Mr. Celentano's strengths are many, but the following characteristics summarize what makes Greg the leader that he has become today: Generally acts as the leading individual contributor and coordinator of design and construction troubleshooting and problem solving. As such, he prepares and writes construction documents, specifications and contracts for routine and complex construction projects. Coordinates design personnel for the implementation of design documents for capital projects as needed using knowledge of engineering design and technology and ensuring compliance of plans to various regulatory codes. Develops initial design, conceptual estimates and task role matrices. Provides an adequate variety of conceptual design alternatives to satisfy the client needs and the requirements of the project specifications. Vast knowledge of construction costs and estimating, ensuring cost efficient designs and preventing over engineering. Experienced with value engineering most projects designed by others in order to save the client money. EDUCATION /ACHIEVEMENTS: GREGORY L. CELENTANO VICE PRESIDENT Bachelor of Arts in Architecture, Bachelor of Science in Building Science, (1989) Rensselaer Polytechnic Institute, Troy, New York State Certified General Contractor Satisfied NCARB State Board Requirements for Architect Internship OSHA Safety Training 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS AIM COMPANIES Page 2 Gregory L. Celentano Vice President The following are some of the projects Greg has been involved with: Aviation Projects Adler Development Estate Hangars, Opa Locka Airport (2 Buildings) Airspace, LLC Conceptual FBO Presentation, Opa Locka Airport Autec Range Services Aviation Facility, PBIA Jet Aviation Hangars Aircraft Storage and Maintenance Facilities (4 Buildings) Premier Aviation FBO and Hangar Facility, Boca Raton Robinson, LLC Renovations, Opa Locka Airport Sebastian Airport Hangar, Sebastian Sierra Business Park Hangar Addition and Master Plan, Ft. Lauderdale Turnberry Associates Office and Hangar Facilities, Opa Locka Airport (5 Hangars) Adelphia Cable, several facilities Akambi Professional Center Retail Facility, Port St. Lucie American Concrete Tile Roof Tile Plant, Arcadia Broedell Plumbing Supply, Jupiter CAMtech Precision Manufacturing, Inc., Jupiter Delta Fire Sprinklers, Sanford Emergency Vehicles, Inc. Manufacturing Facilities, Lake Park (3 structures) Florida Power Light Maintenance Facilities, WPB (5 Projects) Gateway Marina Boat Storage Facility, Boynton Beach Greenwich Professional Center Office Building, Port St. Lucie Ibis Golf Country Club Golf Course Maintenance Facility, PBG Johnson Davis Utility Maintenance Facility, Lantana Keller Trust Warehouses, Riviera Beach and Ft. Pierce (3 Buildings) Kilpatrick Lawn and Turf Office /Distribution Centers Boynton Beach and Lake Park (3 structures) Kimmins Recycling Lantana and Miami Lake Worth Community Gymnasium Lennard Square Hotel Complex, Port St. Lucie Loxahatchee Club Golf Course Maintenance Facility, Jupiter Moroso Motorsports Park Restroom /Utility Facility, WPB Mullins Park Gymnasium, Coral Springs One Park Place Mixed Use Retail /Residential Building, Lake Park Opici Wine Distribution Facility, Lake Park Palm Beach Gardens Parks Recreation Storage Facility Pierson Park Gymnasium, Wellington Pioneer Roof Tile Manufacturing Facility Additions and renovations, Deerfield Beach and Hobe Sound Regal Paint Facility, Lake Worth Rybovich Spencer Boatworks Miscellaneous renovations, WPB Security First Self Storage, Lake Worth Skeffington Warehouse, Riviera Beach Smith Brothers Equipment Rental Facility, WPB Speranza Speaker Manufacturing Facility, Riviera Beach St. Lucie Equestrian Center, Port St. Lucie Summit Christian School Gymnasium and Master Plan, WPB Town of Jupiter Storage Facility 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS COMPANIES Mrs. Chen joined the Ahrens Companies in February of 2002 as a structural engineer /estimator. Her areas of responsibilities include: estimating budget price, performed cost/design analysis, performing bid estimates and quantity take -offs. Prior to joining Ahrens Companies, Xuan worked as a Senior Quantity Surveyor in Singapore and a Structural Engineer in Beijing, China and Singapore. Mrs. Chen conducted internal ISO 9000 audits to ensure that quality management systems were running smoothly. She was involved in developing and implementing new project documentation procedures that reduced file- finding time and enhanced completion of project time line. Through these positions she has obtained extensive knowledge on performing bid estimates /submissions, evaluating subcontractor /vendor qualifications, and conducting Critical Path Method Analysis. Xuan managed contracting and purchasing of $12 million police headquarters for the Public Works department in Singapore and successfully bid /contracted $17 million in work. EDUCATION Master of Engineering in Construction Management, (2000 2001) University of Florida, Gainesville, FL, USA Master of Engineering in Structural Engineering, (1987 1990) Southeast University, Nanjing, China Bachelor of Engineering in Civil Engineering, (1981 1985) Harbin Architecture Civil Engineering Institute, Harbin, China AWARDS RECEIVED PROFESSIONAL AFFILIATION Research Assistant Fellowship, 2000 2001 Outstanding Academic Accomplishment, 2001 University of Florida, Gainesville, FL Masters Fellowship, 1987 1990 Southeast University, Nanjing, China XUAN CHEN Structural Engineer /Estimator Member of American Society of Civil Engineers (ASCE) Member of Tau Beta Pi, The Engineering Honor Society 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 Registered Engineer, Florida #58578 P' MBV ENGINEERING, INC. EXPERIENCE Over 25 years in civil engineering, site design, permitting, and construction administration EDUCATION B.S., Civil Engineering Florida Institute of Technology, 1989 A.A., Pre Engineering Brevard Community College, 1986 CERTIFICATIONS State of Florida Professional Engineer License, #47529 Stormwater Management Inspector, #18050 MEMBERSHIPS ASCE FES Chi Epsilon Florida Engineering Society BRUCE MOIA, P.E. PRESIDENT CIVIL ENGINEERING DIVISION Mr. Moia, the President of MBV Engineering, Inc. has over 25 years experience in the design and permitting of commercial, industrial, multi- family and single family subdivisions, and site plans, as well as roadway and master utility designs. Mr. Moia is a Florida native and a graduate of Florida Institute of Technology. Bruce joined MBV Engineering, Inc., in 1987 as a design technician responsible for drafting of numerous development plans including the Sea Quay Parking Garage Roof Modification, Lindsey Gardens Apartments and James Landing Construction Inspections. In 1996, Mr. Moia joined the City of Melbourne as the development engineer responsible for review, approval, and construction administration of all development projects in the City limits. In 1998, he joined Brevard County as the County Development Engineer responsible for review and approval of all development projects in the unincorporated areas of Brevard County, as well as management of the Land Development Department, which included project management, engineering review, and engineering inspection. Mr. Moia is currently in charge of insuring that all projects are completed in a cost conscience and expeditious manner, while demanding quality control and progressive engineering practices. He coordinates with the client, firm employees, consultants, permit agencies, and contractors as necessary to keep all projects on schedule and within budget. Mr. Moia has extensive experience in the commercial, residential, industrial, and municipal and infrastructure fields. RECENT RELEVANT EXPERIENCE Sebastian Airport Administration Building Police Evidence Compound (Sebastian, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the civil engineering design, permitting, construction administration and certification of a 13,500 SF airport administration building and a 2,700 SF police evidence storage compound. Spruce Creek POA (Port Orange, FL) Project Engineer, MBV Engineering, Inc. is the District Engineer for Pruce Creek. We have provided services for various roadway and drainage improvements, and an overall master plan of the subdivision's infrastructure, developed a 5 -year roadway /taxiway improvement plan, provided various site inspections and as -built certifications. Melbourne Airport Hangar, Parcel E (Melbourne, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the civil engineering design, permitting, construction administration and certification of a 24,500 SF T- hangar. Melbourne Airport Hangar, Parcel F (Melbourne, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the construction administration and certification of a 15,500 SF T- hangar. Melbourne Airport Hangar, Parcel D (Melbourne, FL) Project Engineer, This project performed by MBV Engineering, Inc. construction administration and certification of a 22,000 SF T- hangar and 16,800 box hangar. Daytona Airport Jet Center and Hangars (Daytona, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the civil engineering consisted of the civil engineering design, permitting, civil engineering design, permitting, design, permitting, construction administration and certification of a 6,400 SF Jet Center, 9,800 SF and 11,200 SF Gang hangars. ri M BV EXPERIENCE Over 15 years in civil and environmental engineering EDUCATION B.S., Environmental Engineering Univeristy of Central Florida, 1995 CERTIFICATIONS State of Florida Professional Engineer License, #55313 MEMBERSHIPS ASCE Water Environmental Federation Florida Engineering Society AARON J. BOWLES, P.E. VICE PRESIDENT ENGINEERING, INC. CIVIL /ENVIRONMENTAL ENGINEERING DIVISION Mr. Bowles currently serves as the Vice President of MBV Engineering, Inc., President of Indian River Survey, and Vice President of Florida Environmental Consulting, Inc. performing project management and civil engineering design services. Mr. Bowles has worked with various local, stated and federal municipalities to assure projects at minimum are being designed, permitted, and constructed in accordance with state and local regulations as well as the approved engineering and construction plans. Mr. Bowles has over 15 years of experience in all aspects of engineering and planning for land development, utility projects and structural restoration projects (i.e. design and permitting of stormwater management systems, water and wastewater facilities, performing hydrologic and hydraulic modeling, sewage lift station design, traffic studies, concrete restoration evaluations, pile foundation inspections and preparation of technical reports and specifications). Project management responsibilities include coordination of sub consultants (i.e. Geotechnical Engineers, Surveyors, and Environmental Specialists), client coordination and in -house staff management. RECENT RELEVANT EXPERIENCE Flight Safety Hangar (Vero Beach, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the design, permitting, and construction management of a 21,030 SF building addition with required parking, utilities, and landscaping. Aero Shade (Vero Beach, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the construction of 28,000 SF hangar /manufacturing facility, required parking and tarmac /taxiway with discharge to existing approved retention area on City of Vero Beach Airport property. Fischer Sebastian Airport Storage Contractor Trades (Sebastian, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the design, permitting, and construction management of an 116,410 SF building with parking, utilities, and landscaping. City of Vero Beach Airport /SJR WMD Coordination (Vero Beach, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the design, permitting for the existing trade storage buildings, parking areas, hangar, tarmac, taxiways, offices and stormwater systems. Fire Stations 9 and 12 (Indian River County, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the design, permitting and construction management of a 7,260 SF fire station with all related site improvements. 37" Street Roadway Improvements (Indian River County, FL) Projecet Engineer, This project performed by MBV Engineering, Inc. consisted of the design, permitting and construction administration and certification of a 1 mile section of roadway including utility upgrades, stormwater design, power pole relocation, and roadway paving. i•!MBV ENGINEERING, INC. EXPERIENCE Over 13 years in civil engineering EDUCATION B.S., Environmental Engineering Univeristy of Central Florida, 1997 CERTIFICATIONS State of Florida Engineer Intern, #1100000471 FDEP Stormwater Management Inspector, #13477 TODD J. HOWDER, E.I PROJECT MANAGER CIVIL ENGINEERING DIVISION Mr. Howder, E.I. is a project manager with MBV Engineering, Inc., and has over 13 years of experience in all aspects of engineering and planning for land development and utility projects. Experience includes the design and permitting of commercial and residential developments throughout the state of Florida, including all aspects of design, and marketing. Project management responsibilities include coordination of sub- consultants (i.e. Geotechnical Engineers, Surveyors, and Environmental Specialists), client coordination and in -house staff management. A Florida native and a graduate of the University of Central Florida with a Bachelor of Science in Environmental Engineering in 1997, Mr. Howder started his career participating in the design, permitting, construction and management many commercial clients such as Wal -Mart, Publix, Walgreens and Target; including the development of over 1.5 million square feet of commercial and institutional land development projects. As a project manager with MBV Engineering, Inc., Mr. Howder has expanded is client base to include Corporate Aircraft, Flight Safety, AeroShade Technologies, Sunoco Gas Station Corp., and Burger King. Mr. Howder has the ability to provide all clients with the most current, high quality design and hands -on project management. RECENT RELEVANT EXPERIENCE Corporate Air Headquarters Vero Beach Airport (Vero Beach, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the preliminary design and permitting of an 8.52 acre headquarters for Corporate Aircraft. Including design and analysis of the Vero Beach Airport's master stormwater system modifications, hangar design and tarmac and taxiway design. Flight Safety Hangar Vero Beach Airport (Vero Beach, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of a 1.68 acre hangar renovation with modifications to existing tarmac, including design, permitting and construction of an airplane canopy area. AeroShade Technologies Vero Beach Airport (Vero Beach, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the preliminary design and permitting of a 2.79 acre site located adjacent to runway 11R. Preliminary design and analysis of a multi -hangar project with over 35,000 SF of hangar space. Sunoco (Sebastian, FL) Project Engineer, This project performed by MBV Engineering, Inc. consisted of the design, permitting, and construction management of a 1.12 acre commercial property with a 3,362 SF of retail space 13 fuel pumping stations. INDIAN RIVER SURVEY, INC. STEVE CARTECHINE LS Professional Surveying and Mapping EXPERIENCE 30+ years experience in Surveying EDUCATION A.A., Pre Architect Brevard Community College, 1980 CERTIFICATIONS State of Florida Professional Land Surveyor, #4895 MEMBERSHIPS Florida Surveying and Mapping Society LICENSED SURVEYOR Mr. Cartechine currently serves as the Registered Land Surveyor for Indian River Survey, Inc. Mr. Cartechine performs all associated surveying tasks including, boundary, topographic, and tree surveying; not limited too, but including formboard, construction staking, as- built, and platting. Mr. Cartechine has worked with various municipalities including St. Lucie County, Indian River County, Brevard County, Lake County, Sumter County, Orange County, City of Sebastian, City of Vero Beach, City of Port St. Lucie, City of Fort Pierce, Florida Department of Environmental Protection, Saint Johns River Water Management District, South Florida Water Management District, Daytona and Melbourne International Airports, and Kissimmee and Vero Beach Airports, to assure projects at minimum are being designed in accordance with State and local regulations. Mr. Cartechine also serves as a project manager, and provides proposals, scheduling, and all aspects of client interaction and support. RECENT RELEVANT EXPERIENCE Robinson Aviation Vero Beach Airport (Vero Beach, FL) Project Surveyor, This project performed by Indian River Survey, Inc. included Topographic survey, LED PAPI test, and a platform survey of Runway 4. AeroShade Technologies Vero Beach Airport (Vero Beach, FL) Project Surveyor, This project performed by Indian River Survey, Inc. included providing boundary, topographic, and design survey for the subject airport parcel. Corporate Aircraft Vero Beach Airport (Vero Beach, FL) Project Surveyor, This project performed by Indian River Survey, Inc. included providing boundary, topographic, and design survey for the subject airport parcel. Melbourne Airport Holland Builders (Melbourne, FL) Project Surveyor, This project performed by Indian River Survey, Inc. consisted of the stake -out of paving, drainage and utilities for 4 separate T- hangars (and the hangars themselves) with as -built surveys for construction certification of all 4 hangars. Daytona Airport Holland Builders (Daytona Beach, FL) Project Surveyor, This project performed by Indian River Survey, Inc. consisted of the stake -out of paving, drainage and utilities for a hangar (including the hangar) with as -built survey for construction certification. Kissimmee Airport Holland Buildeers (Kissimmee, FL) Project Surveyor, This project performed by Indian River Survey, Inc. consisted of the stake -out of paving, drainage and utilities for two (2) hangars (including the hangars) with as -built survey for construction certification for both hangars. Indian River County Bio Solids Plant (Vero Beach, FL) Project Surveyor, This project performed by Indian River Survey, Inc. consisted of providing detailed as- builts for the entire project for construction certification of the new County owned plant. AHRENS COMPANIES CAGE CODE: 5FEM4 NAICS CODES: Areas of Expertise: State of Florida General Contractor Lic CGC1509988 State of Florida Building Contractor Lic CBC 006515 State of Florida Qualified Contractor Lic QB 0006015 Xuan Chen Registered Engineer State of Florida 58578 Member American Society of Civil Engineers CAPABILITY STATEMENT WOMEN OWNED SMALL BUSINESS SET ASIDE Duns: 703003005 EIN: 65- 0297589 INCORPORATED IN THE STATE OF FLORIDA January, 1992 236210 Industrial Building Construction 236220 Commercial and Industrial Building Construction 237990 Other Heavy and Civil Engineering Construction Design Build Value Engineering General Contracting Pre Engineered Building System Construction Management At Risk Construction Management Cost Plus Commercial and Industrial Construction Construction Planning and Scheduling Safety and Compliance 1461 Kinetic Road, Lake Park, FL 33+03 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS COMPANIES EXPERIENCE Ahrens Companies is a leading provider of design /build, construction management and general contracting to private clients and government agencies in the State of Florida. Whether we are consulting, conceptually designing, working on a construction jobsite or handling day -to -day operations, we provide our clients with innovative teams of experienced construction professionals that deliver successful projects within budget and on time. We pride ourselves on our ability to listen to our clients and earn their trust through long lasting relationships and value -added services. Whether we are ensuring the sustainable construction of their facilities to respond to natural disasters or analyzing a facility's efficiency, we believe in responsive and deliberate actions. Our Design professionals are committed to cost conscious designs. Our efficient approach to architectural and planning challenges has generated innovative design /build solutions successfully used in many of our projects. The track record of our design department demonstrates our ability to produce imaginative, cost effective designs in a timely and professional manner. Ahrens Companies project team has a proven track record and has successfully completed multi million dollar projects through detailed task coordination, well developed partnerships and building solid relationships with the project team. We are committed to: Staying On Schedule Being Responsive Providing a Quality Trained Staff Communicating Effectively Providing Fair and Competitive Pricing Building strong relationships with governmental agencies 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS COMPANIES PARTIAL LIST OF ACCOMPLISHMENTS Design /Build 15,000 SF aircraft manufacturing hangar for City of Sebastian, FL Design /Build 40,304 SF multi purpose recreational /gymnasium facility utilizing a combination of pre- engineered building system and CBS construction for Mullins Park in the City of Coral Springs, FL Constructed 9,900 SF 3 -Bay Fire station with living quarters and a Police Substation on a 10 acre site for the City of Palm Beach Gardens, FL Design /Build 2 story 19,113 SF Corporate office /hangar facility designed for 200 MPH rated (3- second gusts) wind load capacity and renovation of 20,066 SF adjoining office building in Ft. Lauderdale, FL. Design /Build 30,000 SF addition to an existing Budweiser distribution facility, including retro- roofing 3 sections of their 100,000 SF facility and renovating the complete exterior and interior of a 2 -story office facility for Southern Eagle Distribution in Ft. Pierce, FL. Design /Build 74,250 SF equestrian arena at the St. Lucie County Fairgrounds for St. Lucie County. Value Engineered /Redesign of a 40,000 SF CBS structure which was converted to a 137 feet high pre- engineered building containing 12 silos saving the client over 40% over the original design cost. Each silo held 150,000 pounds of aggregate. Demolished existing aggregate plant and constructed new interior t and lounge. This entire project was completed while daily operations of the plant were in progress with over 100 truck movements per day. Bonsai Aggregate in Pompano Beach, FL. Design /Build Five aviation hangars consisting of 106,432 SF with attached office /lobbies consisting of 30,731 SF. Project is on 16 acres and hangars are designed to handle Air Buses and Boeing Business Jets. All hangars are designed to allow maintenance work and have foam fire suppression systems. Turnberry Associates in Opa Locka, FL. Constructed 5- Building Youthful Offender Facility totaling 92,220 SF in Pahokee, FL. This was a joint venture with Wackenhut Corporation. 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax 1361) 863 -9007 Contractor License CEC006513 Architect License AA:16000694 AHRENS COMPANIES Our Design Build services include: Our Pre Construction services include: Conceptual and Final Estimating Budget Development Value -Added Engineering Schedule Development Continuing Operations Planning Document Review Development Proformas for Financing SERVICES Design Build: Ahrens Companies understands the dependent relationship between the designer and the contractor. We bring a single point of contact (all services in house) for the entire building process from planning to design and ending with construction. Our goal is to provide every Owner with the product they envisioned on time, under budget, at the highest level of quality available. With our registered Architects, Engineers and Designers, we provide complete building design services from the pre planning phase through final design and construction as well as post- design consultation on a variety of building types. Site Plan Development Project Due Diligence Value Engineering Scope of Work Construction Document Development Drawings and Specifications Permitting Sustainable Design Research and Interface with City /County /Federal Agencies as required General Contracting: We take technical proficiency, budget adherence and scheduling as metrics for each project. Scheduling the right equipment and the right team for each job, coupled with technical and disciplined managers is a cornerstone of our vast and successful construction portfolio. By analyzing all aspects of a project with our team, we know how choices in one area affect another, and we can deliver an accurate and completely coordinated estimate. 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 663 -9007 Contractor License CBC006515 Architect License AA26000694 AHRENS COMPANIES Our Construction services include: Total Quality Management (TQM) Project Management and Supervision Cost Control Safety Program Scheduling Project Closeout Our Post Construction services include: Building Facility Manuals Warranty Service Rarely are scope and budget in balance at the beginning of the design. Once we thoroughly understand the goals of the project, we will detail the workable options so as to maximize the program. This "value engineering" is often described as dollars saved, but it in fact serves a larger purpose: cost- effective evaluation of long and short -term options ensuring the comfort and efficiency of the user. By monitoring changes as the design is developed, our reports highlight the line -item differences in scope, and their cost impact to the overall budget. Designs are evaluated and changes implemented to accommodate budgetary constraints. We will evaluate the construction documents for completeness, ability to achieve product quality, and construction logistics. In other words, we look at the details from a builder's perspective, supporting, but not assuming the duties of the designer. By identifying conflicts and problem areas up front, we reduce the number of changes and limit delays and additional costs to the project. Working from an extensive and continually updated database of costs, coupled with years of experience with various building types and markets, we know what a specific project should cost. Quality Control Management: Preparatory meetings are held prior to performing work to establish responsibilities, contract requirements, scheduling, hazards involved and proper safety required in completing each definable feature of work. Initial and follow -up inspections are conducted during each activity to assure all quality standards are maintained. Final inspections are conducted upon completion of each work phase to assure compliance. Risks must be continually reviewed and processes developed. Policies and procedures that reinforce these values must be communicated. Sustainable Design: The LEED certified professionals on our team will know what eco- friendly green principles may be applicable to your site, thus selecting the improvements which fit your Return on Investment requirement. 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (5611 863 -9007 Contractor License C3C006515 Architect License AA26000694 A AHRENS COMPANIES *AWARDS AND HONORS U.S.A. Design Award of Excellence EMERGENCY VEHICLES U.S.A. Design Award of Excellence SPERANZA U.S.A. Design Award of Excellence AHRENS COMPANIES CORPORATE OFFICE U.S.A. Design Award of Excellence LAUDERDALE MARINE CTR. U.S.A. Design Award of Excellence MULLINS PARK GYMNASIUM U.S.A. Design Award of Excellence CAMTECH PRECISION U.S.A. Design Award of Excellence W.R. BONSAL COMPANY U.S.A. Design Award of Excellence HANSONROOF TILE RETROROOF U.S.A. Design Award of Excellence PB REALTY 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 TO: All Interested Parties RE: Ahrens Companies DATE: May 15, 2009 Ahrens Companies has been. the Design/Build Contractor for a 15,000 sqft hanger, and production facility, at the Sebastian Municipal Airport. This project began, in earnest, on January 24, 2009. As the acting on -site project manager for the City of Sebastian, I arty the individual who has first -hand knowledge of Ahrens' capabilities and quality of workmanship. I can report that the City of Sebastian made the right choice in the selection of Ahrens Companies for the aforementioned project. Their attention to detail and work ethic has produced a quality product for the City, thereby enhancing the capability of the airport. Through the inevitable challenges of our project, they have found a way to `bring it in ahead of schedule with quality workmanship. It is with enthusiasm that I recommend Ahrens Companies for similar projects. If further information is needed, I am available to answer any inquiries. Joe Griffin Airport Director HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 PHONE 772 -228 -7013 FAX 772 -228 -7078 Teri fin@c i tyo fsebastian.org MEMORANDUM RC /cam CITY OF MARGATE DEPARTMENT OF ENVIRONMENTAL AND ENGINEERING SERVICES 901 NW 66 Ave, Suite A, Margate, FL 33063 (954) 972 -0828 DATE: August 31, 2010 TO: All Interested Parties FROM: Reddy Chitepu, P.E., Senior Enginee RE: Letter of Recommendation for Ahrens Comp les Recently, Ahrens Companies completed a design/build project for the City of Margate involving a 4,950 square foot prefabricated steel building for storage of our portable generators. Gregory Celentano, Vice President of Ahrens Companies, was our point person from the conceptual layout and throughout the building process to completion. He kept the lines of communication flowing and brought the project to completion a month ahead of schedule and within budget. We were pleased with the quality of the services we received from Ahrens Companies, as well as the final product. As such, it is my pleasure to recommend Gregory Celentano and. Ahrens. Companies for future design /build projects. REGAL PAINT CENTER. New Warehouse Addition 201 South Dixie Highway Lake Worth, FL 33460 Steven T. Rasmussen President P A I.N T C: E N T.:E fl S: to ffice4T200 South 1)i is I ..W6St Palm Beachr 7 401 I t time: (56 65 -903 4F:1. 61) hwzi 'Ay.r eealp,i.if.com September. 9, 2010 RE: .'I:'o Whom It May Concern: Ahrens ':Coiii amens r ecerttiv'eom leteel'a subst War' arehouse addition ;far iir parry. We were required to demolish our existing .warehouse which g as an Brig i�al c�i cl trammed. structu e, and`replace this s ace.' itt a non combustible facili :e nforrnin toi c anent eudos:.`; F hrens:Coinpan es,wa,.truly instru�neplal in Help rtg:engineet ,the entire- roje ;re =desi g a urge portion of t he'facility grid assisting us in expeditiang fhe pel iiit process throe h- the.City of L ak e W t and Pa it •ac Cout Dep artm e nt: T1re ro ect consisted o'£a 7:; s ear :foot �areh s e:con s t ruct e d u a; e -eni tie steel F J g. l? structural system, roof systeixi,. and CBS..and in ilated metal sandwich panels.. Also. included were a 1 3.0:0 •square foot: storage rnezza iu e;:l-Iazardous• Matei-.tals sto age m en; c nfe ence doom and restroorna rens,. omparues,p.e orme. t oug i s p thank Richard Ahrens V.ice Presiden Gregory �elert Project Manager, Allan Ball, and Project Superintenderi.t :Joe J hnso t .111: "tor all of ...their r hard :ork. Our utility project was delivered .ori time an d w bud I highly recoii e dausiris ;Ahrei Com agues :for;sir filar to`ects, ad'I use F J them far another desi .andior c onstruction project Please fee free to visit crnr facility: or call us for further questions. June 1, 2009 Ahrens Companies 1 401 Kinetic Road Lake Park FL 33403 To Whom it May Concern: Having recently completed our office /hangar expansion project at 1200 Cypress Creek Road in Fort Lauderdale, we are extremely pleased with the final product delivered by Ahrens Companies. The new facility is truly a showpiece as well as one of the most unique aircraft hangar facilities in this country. Richard Ahrens and Gregory Celentano were instrumental throughout the entire design -build process; from conceptual layout, City of Fort Lauderdale permit processing and F.A.A. Approvals to finalizing inspections and punch list items. Our state-of-the-art facility includes a 200 mph 3- second gust wind load design with 9 1/2" thick concrete tilt wall panels and a 5 1/2" thick concrete and steel roof deck system. This 19,000 s.f. addition includes new offices, custom kitchens, pilot's lounge and recreation areas as well as a 13,000 s.f. hangar. A 2,500 s.f. second story section of the office area is actually suspended from the roof structure in order to avoid having interior columns. The hangar is fully air conditioned, with gypsum board /painted finish on the inside of the perimeter walls and a linear metal suspended ceiling. I would sincerely recommend Ahrens Companies for any design and /or construction projects in the future, and 1 truly appreciate ail of the effort that was involved in making this project a tremendous success. Thank you for all of your assistance in making this dream a reality. Sincerely, Tom Gonzales, C.E.O.' TG Investments, LLC INVESTMENTS, L1_C. L L C MANAGEMENT COMPANY 1 200 CYPRESS CREEK RD- FORT LAUDERDALE, FL 33309 954.670.1 500 FAX: 954.670.1 503 August 29, 2002 Mr. Richard Ahrens President Ahrens Companies 1461 Kinetic Road Lake Park, Florida 33403 -1911 RE: Construction Project— 1340 SW 34 Street (Deerfield Beach) Dear Richard, E WE "Hanson Hanson Roof Tile 1340 S.W. 34th Avenue Deerfield Beach, FL 33442 Tel (954) 421 -20'77 Fax (154) 426 -2260 www.hansonroofille.com As you know, your company became involved in our project after it was already partially designed. Utilizing the existing design, your design team made modifications that enhanced the functionality and construction process for our remodeling /expansion project. Our new 34,000 SF facility consists of new curing chambers for our roof tiles, expansion for our tile lines, warehouse space, an employee lounge and locker rooms, office space, reclaiming pits and site work. What made our project particularly challenging was the fact that the building was constructed over our existing plant while the plant remained in operation. With very limited work and storage space, you were able to remove an existing roof without us suffering any downtime for weather. Your off-hours scheduling kept our production on track and our customers happy. Amazingly, the project proceeded with very few challenges considering the difficult conditions. Throughout the construction process, your staff made recommendations that have further enhanced the entire project. Furthermore, the overall quality of your work was excellent. As you also are aware, as a result of your first rate performance on this project, I chose your company to handle the design for our intended expansion and renovation of our Hobe Sound plant. Having recently received all County approvals, I expect to commence with this project in the very near future. Richard, thanks again for all of your hard work. Having a contractor that is focused on a safe and highly productive working environment while, at the same time, looking out for our best interests is vitally important and very comforting. l look forward to our continued good working relationship. Sincerely, Gary A. Reid President Screens Etc, Inc. 2244 4t Avenue or*h Worth, Lake FL 33461 License U10521 February 6, 2006 Ahrens Companies 1461 Kinetic Road Lake Park, FL 33403 Contractor 'License CBC006515 Architect License AR0010650 Dear Ahrens: This year Screens Etc proudly celebrated our 10th anniversary. It's a wonderful occasion for us, and we are so proud to be spending it in such a beauti=:ui buildi_-ig. Yet we're fully aware that our accomplishments are not simply art _butable to "genius' leadership or hard working employees. We grew and prospered only because we found some great friends like you who gave us loyal support along the way. So this is a thank-you note —for literally "building° our business. You really put Screens Etc on the map with such an outstanding building. The future looks bright, and we want to acknowledge your contribution. We are so thankful for a job well done and are thoroughly satisfied with our new business home. Sincerely, Debra L. Swinford Vice President Screens Etc, Inc. P EMERGENCY VEHICLES, INC. MANUFACTURER OF OUALITY APPARATUS SERVING THE INDUSTRY SINCE 1971 May 4, 2000 RE: Our New 29,500 s.f. Corporate Office /Manufacturing Facility in Lake Park, FL Designed and Constructed by Ahrens Companies. LETTER OF RECOMMENDATION To Whom It May Concern: Ahrens Companies designed and constructed our Corporate Office and Manufacturing Facility utilizing their own erection crews, Project Management/Site Superintendent, and concrete /laborer personnel. Our facility was constructed on .2 acres and. consists of 3,800 s.f. office, 2,894 s.f. mezzanine and 22,810 s.f. for manufacturing of emergency vehicle apparatus. Ahrens Companies designed the site to be able to add an additional 8,000 s.f. building for future expansion, or for revenue purposes as a leased facility. The facility has twenty -two overhead doors (eleven on each side) for manufacturing activities, an acceptance area for the emergency vehicles, a paint booth, kitchen, conference room, restrooms and office areas for executives and employees. The facility includes covered parking for the executive officers_ Ahrens Companies performed all work in a professional manner utilizing highly skilled personnel including their Project Manager, Mr. Dove Firer, Site Superintendent, Mr_ Robert Hatton, and Mr. Richard Ahrens, CEO, taking a personal interest to ensure providing us with a quality facility, on time and within budget! Thank you very much! Please do not hesitate to utilize "EV as a reference for your potential clients! They are welcome to visit our facilities and /or call me at Phone: 561/848- 6652. Sincerely, Ernst R. Tem Vice Presiden Operations P.O. BOX 12713 LAKE PARK, FLORIDA 33403 -0713 TEL. (561) 848 -6652 FAX (561) 848 -6658 E -mail: eri@evi- fl.com Web Site: www.evi- fl.com September 25, 2007 Ahrens Companies 1461 Kinetic Road Lake Park, FL 33403 To Whom It May Concern: This is a Letter of recommendation as well as a letter of appreciation for all the quality work and efforts extended to our Company before and after being hit with back -to -back Hurricanes in 2004. Richard Ahrens team were there for us when we needed our facility secured after suffering roof damage as well as satisfactorily completing the extensive renovations that were required to get our building back to an operating condition. Richard Ahrens was also very instrumental in not only assisting us with the insurance claim process, but he also was able to look after our best interest when it carne to the extent of coverage relating to our claim. Once we were able to occupy our office building, after a year in trailers, it was time to begin the warehouse expansion project. That project was completed in January 2007. Our warehouse project consisted of a 35,000 sq. ft. controlled environment warehouse that was constructed adjacent to an existing warehouse. Everyone at Ahrens Companies conducted business very professionally and they always communicated any issues or concerns throughout the entire duration of the project. I would recommend Ahrens Companies for any construction needs and will definitely be using them for any future expansion projects here at Southern Eagle Distributing, Inc. Sincerely, ter W. Busch resident /CEO PWB /cs 5300 GLADES CUTOFF ROAD -FORT PIERCE, FLORIDA 34981 772- 461 -8644 F" Nor 1 manor I' e 4 0 R1D 0 Building, Planning and Zoning Department To Whop: It Itchy Concern: RS:ov cowag LAKE WORTH 7 NORTH DIXIE HIGHWAY LAKE WORTH. FLORIDA 33460 November 2, 1998 This letter is to serve as a reference regarding the firm and work performed by the Ahrens Companies. They are currently completing a Municipal Gymnasium project for the City of Lake Worth. From the President, Mr. Richard Ahrens down through all of their employees is an attitude of "can do". They listen to the desires of their client and complete the most difficult tasks with minimum, to no disruption to the overall project. The Municipal Gymnasium was a design/build project. Through out the planning process, Mr. Ahrens was present at key meetings. Their proposal was exactly as the City had requested, was a very competitive cost, and with a minimum schedule for completion. Ahrens companies is totally aware of the many permitting rules and various other regulations that must be met today in our ever complex society. They held the many aspects of a complex project into a cost efficient, aesthetically pleasing, client desired result. Our new e mnasiurn will be an exciting, functional addition to the City recreation program. Sincerely�� f It will be my pleasure to provide more specific information or answer your questions about Ahrens Companies_ Please call my office at (561) 586 -1687. Ray Projects Manager FAX 586 -1745 Building 586 -1644 Planning 586 -1687 Zoning 586 -1747 inspections 586 -1691 Licensing 586 -1648 Code Compliance 586 -1652 City of Pompano Beach, Florida September 16, 1998 Richard Marks Ahrens Companies 3750 Investment Lane, Suite 2 West Palm Beach, FL 33404 -1765 Dear Richard: Your company recently completed the installation of a 5,000 sq. ft. building for the City of Pompano Beach. We are writing to you to express our satisfaction with the job that you and your company did. The employees that physically erected the structure were timely, courteous, and Very professional in their work habits. The building itself is very well constructed and should provide decades of service to the city. The city deals with hundreds of vendors on a daily basis, and it is gratifying to work with a company as professional as yours. You were very responsive and timely to our requests, no matter what the nature. Once again; thank you for the fine job that you did and for the professional nature in which you and your employees handled themselves. It was a sincere pleasure doing business with you and if the situation presents itself would look forward to working together again. M Mark R Stevens Fleet Manager fr l"J George lopp Engineering Inspector c c: File The G ty of Pom;a-A Beach is At E;uai Ooporttn t j Ern7t r And Does tyol Ciscriminate on The Bans O Hanaica Status Richard C. Ahrens Vice President Ahrens Companies 3750 Investment Lane, Suite 2 West Palm Beach, FL 33404 -1765 TITS TOWN OF JUNO BEACH 340 OCEAN DRIVE PHONE (561) 626 -1122 FAX (561) 775 -0812 PALM BEACH COUNTY FLORIDA 33408 April 15, 1998 Dear Mr. Ahrens, The Town of Juno Beach appreciates the professional manner in which your company handled the construction of our storage facility. The design input you provided was greatly utilized. Your entire staff was very friendly and helpful, particularly Al Siwik, Vice President of Sales and Richard Marks, Project Manager, they were very considerate to keeping the lines of communication open and getting back to us very promptly with any concerns or inquiries. The Town will continue seeking bids from your organization on our future projects. Si cere y, e, n i seph F. Lo Bello Finance Director Fined :r Recyc;ec °aF =r May 25 AHRENS Lk COMPANIES FACILITY: Aircraft Manufacturing TYPE: LOCATION: Sebastian Municipal Airport Sebastian, FL CLIENT: City of Sebastian DESIGNER: Ahrens Companies SIZE: 15,000 SF FEATURES: Design -Build of a pre- engineered metal building with six (6) bays and two (2) lean -to units. Includes a 58' -0" w X 20=0" h electric hydro swing door, trench drain system with oil -water separa- tor and fire sprinkler and alarm systems. Conforms to current NFPA 409 Hangar code. Also includes adjacent site work and tarmac improvements. 1461 Kinetic Road, Lake Park, FL 33403 Office: (561) 863 -9004 Fax: (561) 863 -9007 AHRENS AI COMPANIES FACILITY TYPE: LOCATION: CLIENT: DESIGNED BY: SIZE: FEATURES: Corporate Office /Aircraft Hangar Facility Sierra Business Park, Ft. Lauderdale, FL TG Investments AHRENS COMPANIES 14,000 SF 2 -Story Corporate Office /Hangar facility designed for 200 MPH rated (3- second gusts) wind load capacity and renovation of 30,000 SF adjoining office building. 461 Kinetic Road, Lake Park, FL 33403 Office: (561) 863 -9004 Fax: (561) 863 -9007 FACILITY TYPE: LOCATION: CLIENT: DESIGNED BY: SIZE: FEATURES: Aviation Hangars Opa Locka Airport Opa Locka, FL Turnberry Associates AHRENS COMPANIES 106,432 SF Five aviation hangars consisting of 06,432 SF with attached office/lobbies consisting of 30,731 SF. Project is on 16 acres and hangars are designed to handle Airbuses and Boeing Business Jets. All hangars are designed to allow maintenance work and all have foam fire suppression systems. 7 461 Kinetic Road, Lake Fark FL 33403 Office: (561) 863-9004 AHRENS COMPANIES Fax: (561) 863-9007 USA DESIGN AWARD OF EXCELLENCE 2001 RECIPIENT St: z ti "t AHRENS COMPANIES FACILITY TYPE: Gymnasium /Community Center LOCATION: Coral Springs, Florida CLIENT: City of Coral Springs, Florida DESIGNED BY: Ahrens Companies SIZE: 40,304 S.F. FEATURES: This facility utilized a pre engineered building system for the gymnasium with conventional (CBS) construction for the community rooms at the perimeter. The inside features 22,800 S.F. of hardwood flooring, a 140 ton chilled water system, state -of- the -art sports equipment for 1 college and 3 high school basketball courts, and television -grade lighting. The outside features a 952 S.F. porte- cochere and 2,545 S.F. of covered walkways. y 1461 Kinetic Road, Lake Park, FL 33403 Office: (561) 863 -9004 Fax: (561) 863 -9007 ���Fr AHRENS ,I COMPANIES FACILITY TYPE: Office /Manufacturing Facility LOCATION: Jupiter, Florida CLIENT: Infinity Technologies DESIGNED BY: Ahrens Companies SIZE: 11,450 S.F. FEATURES: This facility is a pre engineered building system with 3" insulated sandwich panel siding and 8" of roof insulation. This package provides an energy- conscious building with reduced HVAC equipment needs. The facility is owned and occupied by an FAA repair operator with space for two tenants. 1461 Kinetic Road, Lake Park, FL 33403 Office: (561) 863 -9004 Fax: (561) 863 -900 USA DESIGN AWARD OF EXCELLENCE 2001 RECIPIENT 461 Kinetic Road, Lake Park, FL 33403 Office: (561) 863 -9004 AHRENS 4/411 COMPANIES FACILITY TYPE: Boat Storage/ Maintenance Facilities LOCATION: Ft. Lauderdale, Florida CLIENT: SIZE: Lauderdale Marine Center DESIGNED BY: Zelch and McMahon 47,859 S.F. (Building C/t 32,016 S.F. (Building A) FEATURES: Ahrens Companies built two buildings for this client, Building C/D and Building A. Both stand 60 feet tall to the eave. Building C/D is 73 feet to the peak, measuring 159 feet long and 301 feet wide (big enough to fit a regulation football field inside). Both buildings have girts on the sidewalis 2 feet on center and purlins 3 feet on center. Building features a 10,249 S.F. mezzanine. Fax: (561) 863 -9007 Job name: Inspected by: Inspection type: Automatic Fire Sprinkler System Quality Control Checklist 1. Underground Water and Fire Main Construction Stamped engineered plans and specifications State, local, NFPA, franchise requirements Certified flow test results Fire hydrant BFP's Tamper switches Post indicator valve Tapping— boring trenching— laying— backfilling Thrust block construction Safety quick look pac 2. Fire Sprinkler Construction Stamped engineered plans and specifications State, local, NFPA franchise requirements Calculations Anti -freeze systems Dry pipe systems Fittings /heads Hangers Monitoring devices /switches /gauges Job number: Superintendent: Inspection date: Additional Notes and Sketches Material handling practices Testing results Disinfection Pipe specifications Valves and devices Pavement cutting and patching Identification tape As built drawings Inspections passed Certifications Drain legs Inspectors test leg Standpipe Construction Knotching /boring /cutting Operation instructions Certification Inspections Quality Manual 0300 Concrete Pre -Pour Punch PRE POUR PUNCH LIST CONCRETE Conform to all ADA requirements Obtain all inspections What is the concrete mix design? What type of form work? Hot or cold weather protection in place Rain protection Placement method (pump, conveyor, tail gate Is vapor barrier in place? Any hardeners? Light broom Heavy broom Smooth finish Verify layout check driveway sidewalk Verify thickness of concrete Acceptance of subgrade Forms are straight Check of slope for handicap ramps 8.33% max 2% max cross slope Check of slope for sidewalks Check elevations of catch basins with elevations on plans to ensure proper flow Check F.F. of S.O.G. with top of curb to be sure elevations wotk Check length of wings Check slope of driveway. Is slab curbside or does planter border? Protect all surrounding surfaces d =from concrete splatter Items under sidewalk? Blockouts in place? All sleeves in place? Does the floor slope towards the floor drain No Is the elevation of the floor sinks correct? Are floor drains floor sinks properly secured? Verify all finishing details If slab, is sawcut scheduled? All necessary labor, tools equipment are arranged. PROJECT NAME: PLACEMENT LOCATION: Specified Mix is p.s.i. Limestone Gravel Sand Specified Slump is: Air Entrainment is Will concrete be heated Winter mix Yes No Cold or hot weather measures have been reviewed with trade Placement shall be by: Chute Pump Conveyor Buggy All plumbing pipe or sleeves in area are verified and in -place All bare piping through concrete has foam expansion jackets All drains are boxed -out or set to proper elevations The plumber has been advised of placement schedule All electrical pipe or sleeves in area are verified and in -place All embedded hardware is verified and in -place Subgrade is of acceptable sand or gravel material Subgrade material is properly compacted by: Vibratory Roller Hoepack "Jumping Jack" Vibratory Plate Other Subgrade compaction this area has tested to No wheel ruts are sudden grade changes are present Subgrade has at least a minimum specified moisture content Subgrade has been wetted before placement if necessary Subgrade is not over saturated, "pumping" or frozen Soil insecticide treatment, if required, is in -place with MSDS posted No trash or debris is present within the forms No roots or organic material are present within the forms Plastic vapor barrier is required and in place mils thick Plastic vapor barrier has the prpper amount of seam overlap Water stop, if required, is in -place and of the specified type Steel mesh reinforcing is required and in -place Steel mesh type /gauge is: Steel mesh is as specified in: Mats Rolls Steel mesh is installed flat, in -plane and taut for proper tension Steel mesh is at proper elevation above subgrade Steel mesh will be: Chaired Pulled -up With Hooks Steel reinforcing bar where required is properly lapped and tied Steel reinforcing bar size, type and spacing has been verified Steel reinforcing is on an acceptable type of support: O Wire /Plastic Chairs. Suspended Concrete Bricks Corner bars are bent 90 degrees and of proper length Staple all load tickets to this form Concrete Placement Checklist SUPERINTENDENT: CREW FOREMAN: INSPECTION DATE: Embedded structural red iron has been given a bituminous coating Steel pipe bollards are in -place ready for embedment "Hairpins" or embedded steel connections are properly in -place Steel rerod has been verified lapped bar diameters Anchor bolts, if required, are in -place with proper spacing Anchor bolts are of the proper size and grade of steel Anchor bolts all have the proper thread exposure Smooth pins or dowels if required are in -place (greased Rods or ties into other concrete as required are in -place Specified concrete thickness is verified per plans Forms and screed rails are set to full and proper depth Form edges have keyways attached where required Spot elevations have been checked and are uniform Forms are secure, properly braced, straight, level and true Rigid insulation is required and in -place thick Rigid insulation is tapered where required by details Rigid insulation is tight to face of foundation without gaps Expansion material is required and in -place thick Expansion joints will be spaced: Expansion material as specified: Fibrous Closed Cell Expansion material is firmly attached without gaps or puckers Expansion material is set flush to the proper finish elevation Concrete transitions have been reviewed with architect and trade Forming around columns, etc. is in -place and verified per plans Details at all sills have been reviewed with architect and trade Any thickened areas for walls or edges are reviewed and at depth Control joint layout has been reviewed with architect and trade Control joints shall be: Tooled Sawcut Zip Strip Control joint depth shall be (25% concrete depth) Troweling specification has been reviewed with trade Broom finish and direction has been reviewed with trade Curing blankets /rain covers are on -site if conditions warrant The proper type of concrete curing /sealer is on the site Sealer application specification has been reviewed with trade All perimeter edges have been inspected and swept broom -clean Mix supplier is aware that no water may be added on -site Instructions: This checklist is to be completed and signed by Superintendent and concrete crew Foreman before each concrete placement Job name: Inspected by: Inspection type: I. Exterior Insulation Finish System System specifications Cold weather precautions Safety scaffolding Substrate specifications Expansion joints Protection of adjacent surfaces Colors and textured finishes Material handling and protection 2. Stucco Construction System specifications Cold weather precautions Safety scaffolding Substrate specifications Expansion joints Expanded mesh reinforcing Protection of adjacent surfaces Trim EIFS and Stucco Quality Control Checklist Job number: Superintendent: Inspection date: Additional Notes and Sketches Label material matching Insulation shapes and trim accessories Certified applicator yes no Technical rep Compatibility with other systems Finish opening coordination Trim accessories Cl Understanding of the system and its installation Colors and textured finishes Material handling and protection Label material matching Compatibility with other systems Finish opening coordination Trim accessories Understanding of the system and its installation Job name: Inspected by: Inspection type: 1. Service Switchgear Plans and specifications Voltage and coordination complete Alternate power, generators and transfer switches MDP and service 2. Conduit and Conductor Plans and specifications Underground construction Raceway duct systems EMT and wire BX cable 3. Lighting and Devices LJ Plans and specifications Lighting submittals and equipment installation manuals Coordination with owner furnished equipment and hookup 4. Voice /DataICATV Cable Plans and specifications State and local code requirements Raceway conduits Electrical Quality Control Checklist Job number: Superintendent: Inspection date: Additional Notes and Sketches Cut sheets /submittals Panels, subpanels and disconnects Inspection passed Romex Strapping— hangers— anchors State and local code requirements Inspection passed Equipment coordination and hookup Special construction Inspection passed Switches and receptacles Cable and wire specifications Termination areas Inspection passed Fire Alarm Quality Control Checklist Job name: Job number: Inspected by: Superintendent: Inspection type: Inspection date: Fire Alarm System Plans and specifications stamped by a registered engineer Designed to meet NFPA, state, local, ADA, franchise requirements F/A panel Remote annunciater panel Remote monitored system Zone charts pull stations Smoke -heat detectors ADA compliance coordination with other trades elevator, fire sprinkler systems, HVAC equipment, smoke evacuation systems Fire rated construction, inspections, testing, certifications Additional Notes and Sketches Job name: Inspected by: Inspection type: Foundation and Building Slab Quality Control Checklist 1 Foundation Quick calulator Concrete CU/YDS (required used Concrete mix design Footing excavation adequate Imbeds and archer bolts 2. Building Slab Quick calculator Concrete CU/YDS (required used Subgrade preparation adequate Expansion joints and saw joints Imbeds and archer bolts Reinforcing Finish Special requirements utility installation 3 Elevated Slab Construction Quick calculator Concrete CU/YDS (required used Formwork adequate Engineered shoring form and drawings on site Shoring- reshoring schedule in place Expansion joints and saw joints Imbeds and archer bolts Reinforcing placement Finish 4. Gyperete Construction Gyperete mix design Fire /sound requirements Subflooring requirements Job number: Superintendent: Inspection date: Additional Notes and Sketches Reinforcing placement adequate Formwork adequate Concrete material handling Reinforcing steel shop drawings Testing and concrete cylinder Protection of concrete adequate Elevations adequate Material handling Testing and concrete cylinders Form work adequately aligned and braced Understanding of plans and system design Inspections passed Special requirements Utility installation Protection of concrete adequate Elevations adequate Material handling concrete Testing and concrete cylinders Understanding of system design Inspections Understanding of system design Licensed applicator Job name: Inspected by: Inspection type: Gypsum Board Hanging and Finishing Quality Control Checklist 1. Gypsum Board Materials Details Plans and specifications UL Ratings Fire rated construction Material handling 2. Gypsum Board Finishing Materials Details Plans and specifications UL ratings Fire rated construction Special Gypsum Board Construction Materials Plans and specifications Special shapes Curved surfaces Framing requirements 4. Exterior Gypsum Board Construction Details Plans and specifications Material handling Inspection passed Fastening patterns Job number: Superintendent: Inspection date: Additional Notes and Sketches Concentrated loads Fastening patterns Trimming cutting Expansion joint construction Framing requirements Understanding of systems plans, clear and easy to interpret Material handling Freeze protection Finishing patterns textures Cl Trim accessories patching and repair Understanding of finishes Decorative ornaments Medallions Arches Material handling Understanding of systems Trimming cutting Understand systems Safety scaffold Framing requirements Job name: Inspected by: Inspection type: 1. Equipment Equipment cut sheets Rough opening coordination Electrical gas capacity— coordination, hookup Inspections passed Operating manuals 2. Duct Systems Insulation Hangers Accessories Diffuser grills Registers 3. Exhaust Systems and Venting Fans Louvers Cl Hood systems Fire suppression systems 4. Controls /Filters/Testing and Balancing Remote operation monitoring Understanding of the system 5. PTAC Installation instructions on -site Condensate piping Electric coordinated HVAC Quality Control Checklist Job number: Superintendent: Inspection date: Additional Notes and Sketches Thermostats controls Fire —smoke system coordination Condensate piping Understanding of the plans and system Fire rated systems Fire alarm duct detectors Sealant inspections Fire Dampers Understanding of the plans and system Filter systems Diffuser Inspections passed Understanding of the plans and system System balancing Air filters /charges Remote operating system Understanding of the system Air filters cleaned Job name: Inspected by: Inspection type: 1. Masonry Block Construction Masonry block specifications Grouting and reinforcing Mortar specifications Rough opening schedule Safety scaffolding True plumb level square 2. Vaneer Brick Construction Masonry brick specifications Grouting Mortar specifications Imbeds Cl Rough opening schedule Safety scaffolding True plumb level square Expansion joint Masonry Quality Control Checklist Job number: Superintendent: Inspection date: Additional Notes and Sketches Anchors and imbeds Temporary bracing Cold weather precautions Material handling practices Cl Understanding of system reinforcing grouting beams lintels inserts Special requirements Material handling practices Cold weather precautions Understanding of system Lintels and arches Brick cleaning requirements Waterproofing Protection of adjacent finishes Fleshings Job name: Inspected by: Inspection type: Painting and Coatings Quality Control Checklist 1. Painting Material handling Plans and specifications Cl Wet film thickness gauge Cold weather requirements Painting and coating Protection of adjacent surfaces and finishes 2. Caulking Material handling and application Specification and joint design 3. Stained Material Material handling Plans and specifications Surface preparation requirements Cl Coating requirements and conditions Protection of adjacent surfaces and finishes 4. Special Coatings Material handling Equipment and installation instructions Specifications Job number: Superintendent: Inspection date: Additional Notes and Sketches Flame spread ratings and special requirement sheets Method of applications Samples /selections Textures /pattems Coordination Material capability with adjacent finishes Technical rep Flame spread ratings and special requirement sheet Method of application Samples /selections Coordination Special coating cold weather requirements Sub surface material preparations Job name: Inspected by: Inspection type: 1. Sanitary WasteNenting and Piping Pipe specifications— material handling Hangers and straps Strap roof boots Fire rated penetrations FHA straps knotching— boring 2. Condensation Piping Positive drainage Condensate removal pump systems Inspections 3. Domestic Water Piping Specifications Material handling Insulation Hangers— strapping Trap primers Valves Devices 4. Gas Piping Gas piping Hangers— straps Pressure test Penetrations 5. Fixtures Cut sheets Inspection Anchorage Cl ADA Compliance Underground Construction see site utilities section Plumbing Quality Control Checklist Job number: Superintendent: Inspection date: Additional Notes and Sketches Cleanouts Trench drains floorsinks and hub drains Excavation and backfill Roof drains Tests inspections passed Fire rated penetrations FHA straps Knotching —boring BFP's —PRV' Identification markings Test inspections Roof boots Regulators Test inspections Material handling Equipment installation manuals Rough opening coordination Test inspections Job name: Inspected by: Inspection type: 1. Soil and Erosion Silt fencing installed properly and maintained Public property and construction entrance maintained Temporary drainage structures adequate 2. Clearing and Grubbing Clearing of all objectionable matter from the surface of the construction area 3. Grading and Compaction Soil report and /or engineer on site Compaction test results adequate Adequate staking /protection of the benchmark Are final grading elevations within accepted tolerances in all areas Have the graded areas been prepared for inclement weather /slope and seal /diversion ditches dams? Type of ongoing compaction and monitoring that is being utilized currently on site Supt/Sub knowledge of system Passed inspections 4. Underground Utilities Storm water structures Backfilled correctly protected Grouted Cleaned Sanitary sewer Backfilled correctly protected Cleanouts or manholes installed Inverts installed Grouted As built drawings with elevations Site Quality Control Checklist Job number: Superintendent: Inspection date: Best management practice (BMPs) in place Temporary grassing /mulching Permanent structures maintained Passed inspections Grubbing of all objectionable matter that is embedded in underlying soils below the surface of the construction area according to the construction documents List of equipment on site: Fire main waterlines Backfilled correctly Thrust blocks installed As built drawings Vault construction and meters Telephone/TV Cable Backfilled correctly protected As built drawings Electrical Backfilled correctly protected As built drawings 22 7 5. Site Concrete Mix design Understanding of site concrete Reinforcing Quick calculator Cl Base tonage: required installed Concrete CU/YDS: required installed Subgrade preparation /proof poured Elevations adequate 6. Asphalt Paving Mix design Understanding of paving operations Quick calculator Base tonage: required installed Binder tonage: required installed Asphalt tonage: required installed Adequate drainage /base adequate Subgrade pre proof poured Base tickets Asphalt tickets Other tickets Additional Notes and Sketches Concrete formwork Installation preparation Expansion joint Special treatments protection Finishes Base tickets Concrete tickets Listing of paving equipment on site: Job name: Inspected by: Inspection type: 1. Structural Steel Anchor bolts Grout Testing agency required on site Bolt grade check Bar joists tags Temporary bracing adequate Beam size check and fitting Steel specifications (cutting boring) Material handling Erection safety Concentrated loads Structural plans clear and easy to understand Special fasteners Stamped engineered structural drawings Understanding of systems and erection sequence_ 2. Metal Decking Anchorage /fasteners Reinforcing Sleeves penetrations Decking layout/fit Bearing Stamped engineered structural drawings Structural Steel Quality Control Checklist Job number: Superintendent: Inspection date: Additional Notes and Sketches True plumb level square Field dimension check List equipment on site True plumb level square Understanding of systems and decking sequence Erection safety Concentrated Toads Field dimension check Testing agency required on site 2. Special Construction List actual tools on site Boring /knotching /cutting procedures Temp backing Blocking requirements Beam pockets Clips /anchors /fasteners /adhesives Safety procedures Housekeeping /clean up Woodframing Quality Control Checklist Job name: Job number: Inspected by: Superintendent: Inspection type: Inspection date: 1. Wood Framing Mini pre- construction meeting Dimension check of plans two ways Material grade checks Chalk line layouts, protection Correct drawings on site True plumb level square expectations Rough open schedule on hand for floors, walls, roof, installation items Additional Notes and Sketches Stamped truss drawings on site Floor truss layouts onsite Roof truss layouts on site True plumb level square expectations Wall panel layouts on site Cl Truss repair systems /procedures Blocking requirements for others Material handling and protection Temp storage procedures Cl True- plumb level- square Mid point straight wall string lines Top of wall level string lines Blocking check signoff Rough opening check signoff 2. SCHEDULE: Contract Award date Substantial performance required by f Total completion required by Other contractual milestones Winter Works pre- construction services tender subs E construction implementation, key dates (substructure, close -in, elevators, finishes, other) construction phasing i r i 3 f 4. I 1. OVERVIEW: Building Neighboring properties Access Hoarding floor by floor elevators roofing waterproofing files estimate sub quote binder given to P.M. plans specs given to P.M. Start work on site by 15. ESTIMATE: Rewrite summary FORM PROJECT HANDOVER MEETING AGENDA Job Name: Location: Architect: REVIEW OF TENDER: Pre tendered sub issues Tender form and named sub trades Letter of Intent Itemized, separate and unit prices REVIEW OF POST TENDER COST SAVINGS Architectural Structural Mechanical Electrical Others Page 1 of 4 NOTES: Job Name: Location: Architect: FORM PROJECT HANDOVER MEETING AGENDA Rewrite of estimate templates GENERAL CONDITIONS: Assigned Staff Temporary facilities Temporary utilities Insurance Bonding 7. GENERAL WORK: Misc. Labour allowances Cutting Coring 8. SUBCONTRACTOR WORK: Sub awards, general discussion Review of award process UNUSUAL CONDITIONS: Ground conditions (water contaminated material, buried obstructions) Restricted work hours Joining structures Access (building on site) Work in occupied space Environmental (restrictions in water courses etc) 10. RISK MANAGEMENT: scope of work concerns schedule implications (i.e. achievable liquidated damages, bonus clauses, etc. qualifications made (risk put back to owner) PUC's (new or relocation) Errors in the estimate Adequate insurance policy? Preconstruction studies (adjacent properties etc) Contract documents (overall completeness etc.) Contingencies added to tender Unforeseen circumstances (how is the owner /arch. Prepared to deal with it Extended warranties Page 2 of 4 NOTES: PROJECT HANDOVER MEETING AGENDA Job Name: Location: Architect: Soil conditions Labour negotiations (strikes, lockout) Financial strength and performance ability of subcontractors Risk in the contract and supplementary conditions 12. QUESTIONS, ANSWERS, GENERAL DISCUSSIONS: FORM 11. MARGIN OPORTUNITIES Potential for scope expansion (extras) Potential for future work repeat client Page 3 of 4 NOTES: rn 0 0 10 0 co Li. t tz a w 0 en 0 u_ z 0 1- a 0 z z 2 2 0 0 0 z a z 0 a 2 ix 0 u. z L aw MC w iz to L. co L ca 03 0 •F•0 L. co cu L. co a) 0 c C L cc a) LL..— 0) CD 0 i 1 6 O (7 a SAFETY PROCEDURES FOR AHRENS COMPANIES A AHRENS COMPANIES MANAGEMENT COMMITMENT AND INVOLVEMENT POLICY STATEMENT The management of Ahrens Companies is committed to providing employees with a safe and healthful workplace. It is the policy of this organization that employees report unsafe conditions and do not perform work tasks if the work is considered unsafe. Employees must report all accidents, injuries, and unsafe conditions to their supervisors. No such report will result in retaliation, penalty, or other disincentive. Employee recommendations to improve safety and health conditions will be given thorough consideration by our management team. Management will give top priority to and provide the financial resources for the correction of unsafe conditions. Similarly, management will take disciplinary action against an employee who willfully or repeatedly violates workplace safety rules. This action may include verbal or written reprimands and may ultimately result in termination of employment. The primary responsibility for the coordination, implementation, and maintenance of our workplace safety program has been assigned to: Senior management will be actively involved with employees in establishing and maintaining an effective safety program. Our safety program coordinator, myself or other members of our management team will participate with you or your department's employee representative in ongoing safety and health program activities, which include: Name: Barbara Ahrens Title: President Telephone: (561) 863 -9004 Promoting safety committee participation; Providing safety and health education and training; and Reviewing and updating workplace safety rules. This policy statement serves to express management's commitment to and involvement in providing our employees a safe and healthful workplace. This workplace safety program will be incorporated as the standard of practice for this organization. Compliance with safety rules will be required of all employees as a condition of employment. 6 i99. Signature of CEO/President f Date 3750 Investment Lane, Suite 2, West Palm Beach, FL 33404 -1765 Office (561) 863 -9004 Fax (561) 863 -9007 License CBC 006515 Safety Committee Organization AHRENS COMPANIES SAFETY COMMITTEE A safety committee has been established to recommend improvements to our workplace safety and health program and to identify corrective measures needed to eliminate or control recognized safety and health hazards. The safety committee consists of the following management and representative employee members of our organization: Safety Program Coordinator Senior Management Representative Supervisory Employee Representative Barbara Fleisher Allan Ball Dan Murphy The safety committee assists management in promoting safety and health awareness and coworker participation through continuous improvements of the organizations' safety and health program. The committee assists management in reviewing and updating workplace safety rules based on accident investigation findings, any inspection findings, and employee reports of unsafe conditions or work practices. The safety committee accepts and addresses anonymous complaints and suggestions from employees. The safety committee, using injury and accident records, assists management in identifying trends and patterns to formulate corrective measures. The safety committee monitors safety education and training to ensure that it is in place, that it is effective and that it is documented. November 11, 2011 To Whom It May Concern Re: Ahrens Company Worker's Compensation Experience Rating Modification Gentlemen:- Please be advised our organization has been the insurance agent for Ahrens Company since 1999. We have been asked to provide you with their experience rating medication factors for the following years: 2010 0.81 2009 0.97 2008 1.05 2007 1.00 2006 0.84 Please do not hesitate to give me a call if you have any questions. Sincerely, e Eber mercial Accounts Agent 218 South U.S. Hwy One, Suite 300 Tequesta, FL 33469 (561) 746 -4546 (888) 744-4546 Fax: (561) 746 -9599 www.tequestaagency.com AHRENS ASilt COMPANIES INTRODUCTION PURPOSE ACCIDENT INCIDENT HAZARD REPORTING All accidents /incidents must be reported (even minor first aid injuries Report all property damage events. Report all "near miss" incidents. Report for correction and for the information to others that may follow. Report hazards in the workplace. Most hazards are seen by and are more apparent to the persons doing the job. To do nothing is not an option. Hazards must be reported and corrected prior to having an accident, Report all fires, chemical spills /releases and other emergencies to supervision. SAFE WORK PRACTICES PERSONAL PROTECTIVE EQUIPMENT Safety Glasses, Hard Hats Hard Toed Work Boots (MINIMUM) Additional PPE may include: o Hearing Protection... above 85 dB (if you must raise your voice to be heard) or high impact noise. o Gloves... leather work gloves, or chemical protective gloves. Wear gloves for all jobs, except those that require fingertip dexterity, or pose an entanglement hazard. o Grinding Shields... No grinding without face shield and/or safety glasses. o Disposable Protective Coveralls... Use in high dust areas or as specified for job assignments. .o Respiratory Protection... Must be medically certified, trained, and fit tested prior to use. Must keep respirator clean store in a bag when not in use. FALL PROTECTION Required whenever 6 feet high and/or outside of approved handrail. 100% tie -off Full Body Hamess required... safety belts not allowed. Inspect harness prior to use. Must tie -off at or above waist high and at an approved anchorage point. Do not tie off to a ladder. All tools equipment must be protected from falling. Barricade the area below, when overhead hazards exist in your work area. 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 CONFINED SPACES OSHA Definition... any space with limited access or egress, not intended for continuous occupancy, and can be physically entered. May have potential hazardous atmosphere, oxygen deficiency, oxygen enriched, or flammable atmosphere. Potential for engulfment, mechanical hazards, atmospheric changes, or other hazards within the space. Comply with entry procedure. LOCKOUT /TAGOUT(LOTO) Must be coordinated through supervision. 1 Man 1 Lock, every employee is required to have a lock for his own protection. Remove all personal locks at the end of shift. Do not leave personal locks over night. Remember to lockout and Test Try to verify the equipment will not start. ELECTRICAL HAZARDS WELDING, CUTTING COMPRESSED GASES LADDERS Assured Grounding... All work in damp and wet conditions requires the use of GFCI's. 15 foot clearance is required from all power lines. Bridge or otherwise protect extension cords for damage from vehicles and foot traffic. Run under stairways and along railings. Fire extinguisher available in immediate area. Check for flammables combustibles around and below work area. Store transport compressed gas cylinders upright with gauges off and caps in place. Store fuel gases and oxygen cylinders separate... or provide 1 /2 hour fire wall between. Bleed hoses and gauges... if not in use for 1/2 hour. Keep welding leads out of walkways... Run overhead to cross walkways. Do not run leads on stairways. Connect welding ground close to point of work... Do not allow current to travel long distances through structural steel or equipment. Inspect ladders prior to use. Check rails, rungs, shoes, etc. Four to One slope... one foot out at bottom for every four feet in height. Must be tied off or held if not possible. Tie off at the point of contact. Have someone hold ladder while it is being tied off. HAND POWER TOOLS Inspect before use... make sure all cords and plugs (ground prong in place) are not damaged. Inspect casings of power tools for cracks or damage. Take defective tools out of service... Attach danger tag and do not use until repaired. Use the Right Tool the Right Way... Don't force a tool or use the wrong tool for the job. MATERIAL HANDLING Manual Lifting... First try to find mechanical means to lift heavy loads. If not possible, get help. Use proper body mechanics, do not jerk, plan the lift. Beware of Pinch Points... Wear gloves to protect hands. Better to Push than Pull loads... Stay out of the path of travel; avoid pinch points, better body mechanics balance. LIFTING RIGGING Inspect all rigging... Nylon slings have re indicator thread to show excessive wear. Wire rope slings must not have loose wires, kinks; bird cages wear patterns, etc. Cut up and discard if defective. Inspect hooks... Must not have broken safety latch, stretched throat, bends, cracks, or other damage. Must know weight of object being lifted. Only one trained person may give standard hand signals at a time. Use taglines to guide loads into position. NEVER work or pass under a suspended load. MOBILE EQUIPMENT OPERATION Operators must be trained on specific pieces of equipment. Pre Operation checks must be performed on all equipment prior to being placed into service. Operators must wear seat belts. Parking brakes must be set whenever equipment is left unattended. Beware of Blind spots... Operators of mobile equipment have restricted field of vision. BARRICADES SIGNS Use good Judgment... Do not barricade more or less area the needed. Do not leave barricades up over night if hazard goes away when workers do. Remove barricades immediately when the job is finished and the hazard is gone. Obey all restrictions identified on Yellow/Red caution tape. Flashing barricades are required for open holes or other hazards left overnight. FIRE PREVENTION All flammable liquids must be stored in flammable storage cabinets. Fuel cans must be UL approved safety cans with flame arrestor screens. Use the PASS technique when attempting to extinguish a fire. (Pull /Aim /Squeeze /Sweep) If a small fire cannot be extinguished with one fire extinguisher, call for Emergency assistance. HOUSEKEEPING Everything has its place. Keep all trash debris cleaned up and properly disposed of. Eliminate tripping hazards. Cords, hoses and welding leads must not be strung through walkways or on stairs. A CLEAN WORK PLACE IS A SAFE WORKPLACE. Dispose of all Hazardous Waste Materials in accordance with Environmental Procedures. CONCLUSION REVIEW DISCUSSION Accident Investigation Procedures ACCIDENT INVESTIGATION An accident investigation will be performed by the supervisor at the location where the accident occurred. The safety coordinator is responsible for seeing that the accident investigation reports (see page V.2) are being filled out completely, and that the recommendations are being addressed. Supervisors will investigate all accidents, injuries, and occupational diseases using the following investigation procedures: Implement temporary control measures to prevent any further injuries to employees. Review the equipment, operations, and processes to gain an understanding of the accident situation. Identify and interview each witness and any other person who might provide clues to the accident's causes. Investigate causal conditions and unsafe acts; make conclusions based on existing facts. Complete the accident investigation report. Provide recommendations for corrective actions. Indicate the need for additional or remedial safety training. Accident investigation reports must be submitted to the safety coordinator within 24 hours of the accident. FIRST AID PROCEDURES EMERGENCY PHONE NUMBERS Safety Coordinator Poison Control First Aid Fire Department Ambulance Police Medical Clinic Clinic Address Minor First Aid Treatment First aid kits are kept in the front office and in the employee lounge. If you sustain an injury or are involved in an accident requiring minor first aid treatment: Inform your supervisor. Administer first aid treatment to the injury or wound. If a first aid kit is used, indicate usage on the accident investigation report. Access to a first aid kit is not intended to be a substitute for medical attention. Provide details for the completion of the accident investigation report. Non- Emergency Medical Treatment For non emergency work related injuries requiring professional medical assistance, management must first authorize treatment. If you sustain an injury requiring treatment other than first aid: Inform your supervisor. Proceed to the posted medical facility. Your supervisor will assist with transportation, if necessary. Provide details for the completion of the accident investigation report. Emergency Medical Treatment If you sustain a severe injury requiring emergency treatment: Call for help and seek assistance from a co- worker. Use the emergency telephone numbers and instructions posted next to the telephone in your work area to request assistance and transportation to the local hospital emergency room. Provide details for the completion of the accident investigation report. First Aid Training Each employee will receive training and instructions from his or her supervisor on our first aid procedures. afivcexrs a ntpanieo 5'aaject (9penatiaia .Management JOB SITE SAFETY CHECK LIST Project manager to coordinate with superintendent on all safety issues as outlined below: 1. Are safety posters and warning signs properly posted? 2. Are there fire extinguishers of the proper type and number required? 3. Is proper. Personal Protective equipment provided? Such as hard hats, safety glasses, safety shoes, etc. 4. Is the proper Personal Protective equipment used? 5. Do you have current First Aid "card holders" on every job site? 6. Do you have properly stocked and adequate number of First Aid kits? 7. Are blade guards provided on table saws, radial arm saws, portable saws, jointers, shapers, and lathes? 8. Is all electrical equipment, either stationary or portable, provided w/ proper grounding or GFCI? 9. Are platforms, decks, etc. six feet and higher, provided w/ the proper guard rails, mid rails, and toe boards? Planking? Ladders? 10. Are all compressed gas cylinders in an approved cart or properly chained in an upright position to prevent tipping? In addition, are the various cylinders stored separately such as oxygen cylinders from acetylene cylinders by a distance of twenty (20) feet? 11. Do you keep walkways and aisles clear of scrap, electrical cords, tools, airlines, etc.? 12. Are stairs provided w/ handrails? 13. Are 220 and 110 volt outlets properly identified? 14. Do you have emergency phone numbers posted? AC /OM/POM01 Revised 07/01 Page 1 of 2 al{xe w 2ompanieo .Tnwject (9pexatiait .l'tanagenment 15. Do ladders have safety feet including the front supports of step ladders are they in good condition? And are the tops of ladders securely tied off? 16. Are all hand tools clean and in good condition, example cracked handles, mushroom heads or loose fittings? 17. Are useable materials and waste materials stored and stacked in an orderly manner? 18. Are only qualified persons operating equipment? 19. Are trash containers available? 20. Is drinking water available w/ individual cups? 21. Is the toilet facility clean? 22. Excavation inspection for cut -back, water logged slides? AC /OM/POM0.1 Revised 07/01 Page 2 of 2 AHRENS COMPANIES TO: ALL SUPERVISORS FROM: BARBARA AHRENS SAFETY TRAINING Workplace safety begins on the first day of employment or job transfer. ..Each employee must be given a copy of either the safety procedures for sheetmetal workers or carpenters, whichever applies. Supervisors must review the safety procedures with the new hires or transferees to ensure that they understand our companies rules, policies, etc. ..Supervisors must review the New employee New Job safety meeting outline with all new employees, or transferees. ..Supervisors must have weekly safety meetings every Monday morning with all employees and a copy of the report must be turned in to Barbara Ahrens, Safety Chariman every week. ..Supervisors must review safe work procedures with employees if they are to do task(s) that are not routine. ..Supervisors must see to it that employees receive operating instructions on any new equipment. ..Supervisors must periodically review with all employees the Safety Procedures for their job, carpentry or sheet metal as outlined in their procedures manual. 3750 Investment Lane, Suite 2, West Palm Beach, FL 33404 -1765 Office (561) 863 -9004 Fax (561) 863 -9007 License CBC 006515 AHRENS COMPANIES HURRICANE PREPARATION PLAN When the National Weather Advisory issues a Tropical Storm or Hurricane Warning, Ahrens Companies has the following guidelines set to secure the job site. The project manager will be in close contact with the project superintendent to determine the stage of construction for each project. Both the project manager, and the project superintendent are required to keep their Nextel phones turned on at all times, technology permitting, during a storm. The following gets performed for ALL projects: a. Dumpster gets emptied. b. Port -O -Let gets secured to a fence or tree, or removed. c. Construction trailer strapping and anchors are checked to verify they are properly secured. d. All loose material, tools, and equipment to be stored inside buildings, tied down or removed from the premises (whichever is applicable). e. An electrician is contacted to disconnect any equipment or power sources, if necessary. f. All subcontractors active on the project are notified to secure and /or remove all tools, material and equipment. g. Other measures are taken as deemed necessary by the project manager and superintendent. Immediately following any tropical storm or hurricane, any damages will be documented by photos and written assessment. Ahrens Companies will assist with coordinating any insurance representative in the processing of any claims. For further information or explanation about any duties under this plan please contact your Project Manager. v 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 License CBC006515 Schedule K -1 2009 (Form 11205) For calendar year 2009, or tax Department of the Treasury year beginning 2009 trVI"f Information About the Corporation Internal Revenue Service ending Shareholder's Share of Income, Deductions, Credits, etc. See page 2 of form and separate instructions. B Corporation's name, address, city, state, and ZIP code AHRENS ENTERPRISES, INC. D /B /A AHRENS COMPANIES 1461 KINETIC ROAD LAKE PARK, FL 33403 C IRS Center where corporation filed return Ogden, UT 84201 -0013 �Part Information About the Corporation PPa"rt z I Information About the Shareholder A Corporation's employer identification number 65- 0297589 D Shareholder's identifying number 125 -38 -1752 B Corporation's name, address, city, state, and ZIP code AHRENS ENTERPRISES, INC. D /B /A AHRENS COMPANIES 1461 KINETIC ROAD LAKE PARK, FL 33403 F Shareholder's percentage of stock ownership for tax year 50.00000 C IRS Center where corporation filed return Ogden, UT 84201 -0013 �rzo rncoc gym- morn 1Partli Information About the Shareholder D Shareholder's identifying number E Shareholder's name, address, city, state, and ZIP code RICHARD AHRENS REVOCABLE TRUST 1461 KINETIC ROAD LAKE PARK, FL 33403 F Shareholder's percentage of stock ownership for tax year 0000 u S E 0 N L Y BAA For Paperwork Reduction Act Notice, see Instructions for Form SPSA04 Schedule K -1 (Form 1120S) Department of the Treasury Internal Revenue Service year beginning ending 200' For calendar year 2009, or tax 2009 Shareholder's Share of Income, Deductions Credits, etc. See page 2 of form and separate instructio SPSAC trVI"f Information About the Corporation A Corporation's employer identification number 65- 0297589 B Corporation's name, address, city, state, and ZIP code AHRENS ENTERPRISES, INC. D /B /A AHRENS COMPANIES 1461 KINETIC ROAD LAKE PARK, FL 33403 C IRS Center where corporation filed return Ogden, UT 84201 -0013 PPa"rt z I Information About the Shareholder D Shareholder's identifying number 125 -38 -1752 E Shareholder's name, address, city, state, and ZIP code BARBARA AHRENS REVOCABLE TRUST 1461 KINETIC ROAD LAKE PARK, FL 33403 F Shareholder's percentage of stock ownership for tax year 50.00000 �rzo rncoc gym- morn BAA For Paperwork Reriurtinn Arf Nntira can Incfrnrfinnc fnr Fnm BAA For Paperwork Reduction Act Notice, see Instructions for Form SPSA04 Schedule K -1 (Form 1120S) Department of the Treasury Internal Revenue Service year beginning ending 200' For calendar year 2009, or tax 2009 Shareholder's Share of Income, Deductions Credits, etc. See page 2 of form and separate instructio SPSAC a� AHRENS .741 COMPANIES PACKAGE NO. 2 FINANCIAL PROPOSAL TABLE OF CONTENTS 1. PRICE PROPOSAL 2. ADDENDA 3. CONTRACTOR INFORMATION 4. DRUG FREE WORKPLACE 5. PUBLIC ENTITY CRIMES 6. BID BOND 7. DESIGNATION OF SUBCONTRACTORS 8. FLORIDA TRENCH SAFETY ACT 9. LICENSES 10. INSURANCE 11. PROJECT LIST 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 Z 5� Total Base Price '1189 ©f 0 0 Additive Alternate 1: Generator, enclosure, concrete 5G,520.00 Additive Alternate 2: Hydro -Swing Door (insulated) c 0 O Additive Alternate 3: Sliding Hangar Door (insulated) S 4 c 00 Additive Alternate 4: Bi -Fold Hangar Door (insulated) 5 9 3 c 00 Additive Alternate 5: Additional (differential) cost for hurricane -rated window at the office location. C� n 9 Q o o Additive Alternate 6: Communication system for internet and phone with drops throughout. J. G 5 0 D 00 Additive Alternate 7: NFPA 409 Fire Protection J Suppression System. v o 29,500 o CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B APPENDIX A: PRICE PROPOSAL FORM The undersigned, having become thoroughly familiar with all of the RFP Documents and information incorporated herein, hereby proposes to perform everything required to be performed in conformity with the requirements of these documents, meeting or exceeding the specifications as set forth for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda issued prior to this submittal. By the signature below, the Design -Build Proposer agrees that this Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this proposal, the Design -Build Proposer agrees to enter into a conforming agreement 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 below stipulated price which shall remain firm for one hundred twenty (120) days following _submittal deadline date. THE PROPOSED PRICE(S) PROVIDED BELOW ARE ALL- INCLUSIVE, GUARANTEED MAXIMUM unless otherwise stipulated. Award will be made to the lowest responsive and responsible Design -Build Proposer whose proposal, confirming to the specifications, Instructions for Design -Build Proposers, 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 contract 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 Design -Build Proposer must submit bids on the Base Bid including the "Additive Alternates" shown above. CONSTRUCTION COMPLETION TIME: Design -Build Proposer warrants substantial completion of construction shall not exceed 195 calendar days. There will be $200 /day liquidated damages for days exceeding 195 calendar days. The breakout of phases is a follows: a. 60 calendar days design permitting b. 120 calendar days construction c. 15 calendar days for final punch list. Page 24 of 76 15- October -2010 Addendum Addendum Addendum Addendum ////.1ho CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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: Dated: Dated: Dated: Dated: Ctt& iq./ 42/ ./e /sAee Authorized Signature Printed Name 4 A Kei/s N1--2 Rises, =4v'C. bia /i4 1)APNS CU Apo A NJt_S I Firm Name Title Date Signed End Appendix A: Price Proposal Form ®coI3 .2? a o/o Alcove a c?O ...c6/- PG03 900 Phone Number 'leis A er C� E-Mail Address re dam Aies /71 Page 25 of 76 15- October -2010 IC NEEL-- SCHAFFER October 28, 2010 ADDENDUM NO.1 The following is a list of comments from the bidder and responses. 1. Are all 4 rooms to be air control/air condition? yes Design -Build Hangar B Addendum No. 1 Sebastian Municipal Airport Design -Build Hangar B The following is a list of general information items presented by city staff and consultant at the October 27, 2010 non mandatory pre proposal meeting. In addition, attached are the questions and responses during this meeting. These items are now an Addendum No. 1 to the RFP. All permits to be collected and paid by the design -build please note that for SJRWMD the fee application is only $100 for Sebastian All big purchase items (bldg, generator and wind turbines) to be paid by city for tax exemption the bids will still include these items in the bid submittals City will have available fill if needed and also area to stock pile any excavation materials City is ok for an interpolation of the wind loads from 130 mph to 140 mph All underground wiring and conduits will be at depth 24 sealed off per city std. All interior walls will be 1 hr separation rating per NFPA 409 All city permits will need to be paid by the team Reminder that the RFP packages are available at City Hall for $40.00. All comments will need to be emailed to frank.watanabe @neel- schaffer.com to be official comments for the city to respond. AutoCAD files handed out to each bidder will be made available to all bidders on the Neel- Schaffer FTP site at ftp: /ftp. peel- schaffer.com/Florida/verobeach /public/ All attendees need to sign in with email addresses for any addendums Scheduled due date for all comments is November 1, 2010. The bid submittal due date is November 12, 2010 at 1 pm and bid opening is at 2 pm at City Hall. The use of local sub contractor is highly encouraged. 2. Exterior roll -up door will be the largest that can be cost affordable that meets required structural and wind loads, the interior roll -up door size will be a 10 ft height. 3. Who will pay the impact fees? all impact fees will be paid by the design -build team 4. Does this project require Federal wages, Davis Bacon Act and auditing yes 5. Will this project require auditing by the team yes 6. Will the previous CAD files and engineering (mechanical and electrical) be available no, only PDF files of the items can be requested through the Building Dept. Page 1 7. As noted in the general information, the large items (building, generators and wind turbines) will be purchased by the city during the construction for tax exemption. The team will still need to include these costs in the bid submittal 8. Who will pay for the fee applications? the design —build team will be required to pay for all fees and also provide for all construction testing. 9. Why the new asphalt pavement on the run -way? the existing asphalt pavement is in poor to bad condition and this project will replace the AC. All excavation will be taken to city site on the airport. 10. Is this design -build solely on low cost no, there is an evaluation of the submitted bid qualifications and bid fees by the selection committee. This information is on page 9 of the RFP package. 11. The type of wind turbine required? City is ok with the 1.2 kw wind turbine instead of the requested 2.5 to 3.0 kw. 12.Oi1/water separating/alarm system to be attached to the side of the building near the oil /water separator. 13. What was the cost for Hangar A? city will provide amount $1,367,542 14. There is an estimate for Hangar B? there is no city estimate for this project 15. What is the interior roll -up door height? the plans show 20 ft wide x 10 ft high 16. What is the intent of occupancy for the four rooms? Rooms for storage and will require the 1 hr separation rating per NFPA 409 17. Question on the fire suppression system being water or foam the system will be a NFPA 409 water system. In the additional items no. 7 is the bid for a foam system 18. There was a question on the tenant items to be included in the bid No tenant items will be needed. 19. The City budget for this project is $290,000 and FDOT Grant is $1,160,000 for a total fund of $1,450,000 After the comments and questions, everyone was able to field review the existing Hangar A Building site and also walk the proposed Hangar B site. a-ckrurze-e.60/26eLi tV_ZIA;046/) Design -Build Hangar B 64- 418/41/,9 We is here Page 2 NEEL-- SCHAFFER Addendum No. 2 Sebastian Municipal Airport Design -Build Hangar B November 2, 2010 ADDENDUM NO.2 The following is the list of questions and responses as part of the RFP Bid Submittal. 1. Several requests for the submittal due date to be extended Response: There is no extension in the submittal due date. The due date is still November 12, 2010 at 1 pm 2. The office interior window shall be 12' -0" long per the specifications and match the window in the existing hangar —1 hour rating required. Response: Yes 3. Shall all restroom finishes match the existing hangar (tile type, size, areas, base, shower, etc.)? Response: Yes with fixtures 4. The area consisting of the office, electrical room and phone room shall be required to be 1 -hour rated similar to the existing hangar. Fire caulking and gypsum board both sides to roof deck required. Response: Yes 5. Base price includes complete fire alarm and fire sprinlder system to match existing building. This includes additional heads as required to achieve 1 -hour protection on all primary structural system cofimns and rafters. We will also include surge protection on F/A system as requested. Response: Yes 6. We shall provide Alternate No. 7, which will include a foam suppression system option in case the Indian River County Fire Rescue Department considers this facility a maintenance and/or service hangar. Response: Yes 7. Please define scope for compressed air system, including compressor and lines, or provide allowance for bidding purposes. Response: No compressor, only the lines per the RFP specs 8. Please confirm that the new building requires a complete compressor room enclosure similar to Hangar `A', 13'-4" wide x 7'-4" deep with roof system, three (3) walls full height CBS construction, slab and chain link gates. Response: Yes 9. The wind turbine system, including five (5) turbines, manifold system across street to lift station meter, inverter, final connection, etc. shall be offered as a separate price. Response: No 10. Please confirm the wind turbine system has no connection to Hangar `B'. Response: Yes Design -Build Hangar B Page 1 11. Concrete footings required for turbines shall be included in Alternate. Response: No 12. Please confirm the following for the area encompassing the turbines: entire area is elevated (shown hatched on NEEL SCHAFFER site plan); construction of sidewalk? Surrounded by chain link fence? Response: the area is flat with driveway, gates and fencing. 13. Verify interior roll -up doors can be 18' -0" w x 10' -0" h., manual chain hoist operation, weather- stripping, slide locks. Response: Yes 20 ft wide and 10 ft high 14. Verify exterior roll-up door can be 20' -0" w. x 10' -0" h., manual chain hoist operation, weather- stripping, slide locks, wind- rated. Response: Yes, or larger 15. Please verify the building, along with all exterior envelope components, can be designed to. 135 M.P.H. Exposure C to match Hangar `A', in lieu of 140 M.P.H. mentioned in RFP. Response: Yes 16. Can all five (5) turbines be 1.2 KW in lieu of the 2.5 to 3.0 KW mentioned in Item 28, page 14 of the RFP? Response: Yes 17. The entire overflow drain line, from the interior trench drain to the existing detention area, must be 10" D.I.P. line in order to satisfy the flow demand from the sprinlder system and the fire fighting hose stream flow. Response: Yes 18. The oil/water separator will need an extension collar in order to meet grade due to depth requirement of trench drain line in the concrete interior pit. Response: Yes 19. A 10" D.I.P. trap is required at the trench pit in order to meet plumbing code. Also, trap must include a 1" PVC primer to nearest water source (plumbing fixture) with an electronic actuator. Response: Yes 20. All components of the trench drain line must be non combustible up to and including the separator itself. Response: Yes 21. The cut-off valve required at the building exterior shall be placed in a pre -cast concrete pit, waterproofed inside and out, with a steel removable lid. Response: Yes, or located inside the Hangar. 22. For the hangar floor coating, we would recommend specifying a 20 -mil minimum thickness epoxy floor system by Crawford Laboratories or approved substitute. Concrete floor must be shot blasted for proper adhesion. Joint sealant shall be applied in saw cuts after epoxy has been installed. Response: Yes 23. Boundary survey is usually provided by Owner. Since recent permitting was processed with St. John's, this may already exist. Please verify. Response: All available information has been provided or made available. Design -Build Hangar B Page 2 24. Soil borings are required for the new hangar. Do these exist at this location? If not, can the City provide this? Response: No 25. RFP mentions fence details shall be provided by the airport. Please provide or shall we match existing? Response: Need to match the existing 6 ft height with no barbed wire. 26. The scope of work for chain link fencing is unclear. We assume the following: approximately 801f on the northeast side of the north parking lot with a manual slide gate (or does this need to be automatic connection from northeast comer of new hangar, running southeast to existing Hangar `A' gate, including slide gate (manual or motorized continue along detention area and completely enclose wind turbine area with man gate. Please verify this scope is accurate. Item 23 on Page 14 of RFP conflicts with site plan. Response: Fencing is needed along the east of the parking area within the project limits and connecting to the existing gate near Hangar A as shown on revised site plan. 27. Can we utilize the same pavement specifications for the tarmac and the parking lots that we used for Hangar `A'? Response: Yes 28. The parking lot on the southeast side of the hangar will require a 24' -0" wide drive aisle since there is 90 degree parking. Should the building shift to the northwest? Response: Yes 29. The northwest parking lot shows a 26' -0" wide drive. This is allowed to be 24' -0" per code. Response: Yes 30. Can the landscaping and irrigation be handled as an allowance? If so, please specify amounts. Response: Yes 31. What will be the water source for the irrigation system? Response: At the lift station. 32. We assume the oil/water separator will be located on the south side of the building? Response: Yes 33. Please verify connection point for ATT service. Response: Near the Administration Building. 34. Please verify FPL service shall connect to existing transformer across the road, to the east of the lift station. Are sleeves existing/available under the road? Response: This will need to be checked by the Design Build Team 35. Is the new asphalt tarmac area to the northeast going to conflict with the existing gas line? Response: No 36. RFP states all permit, connection and impact fees to be paid for by contractor (bottom of Page 12). City will usually pay these fees directly. Response: No Design -Build Hangar B Page 3 37. FPL and/or ATT fees paid for by City? Response: No 38. Who is responsible for Builder's Risk Insurance? Response: The Design -Build Team 39. Is a list of tenant equipment available? This is required for our electrical design and bidding. We need motor sizes, horsepower, 3 phases versus 1 phase, etc. Response: Yes 40. We recommend wet curing the concrete slab. Response: Yes, with inspection by City 41. RFP Section 07411— metal building should consist of standard screw -down roof and walls to match existing hangar, including all components to match no vented soffit panels. Response: Yes 42. RFP Section 08211— personnel doors shall match existing? Response: Yes 43. Per RFP Page 24, the generator for the alternate shall be sized to run entire building? Response: Yes 44. RFP Section 10125 does this apply related to bulletin boards and display cases? Response: No 45. RFP Section 10155 toilet compartments shall match existing hangar? Response: Yes 46. Cabinet finishes to match Hangar `A'? Response: Yes 47. RFP Section 10265 does this apply related to impact- resistant wall protection? Response: Yes 48. Pipe bollards required for any overhead door protection? Response: Yes 49. RFP Section 10431— is a $20,000.00 signage allowance applicable? Response: This will be omitted 50. RFP Section 10801 toilet accessories to match Hangar `A'? Response: Yes 51. RFP Section 11105 tenant equipment installations by others? Response: Yes 52. RFP Section 11451— appliances by others? Response: Yes (refrigerator, microwave and dish washer) 53. RFP Section 13100 is a lightning protection system required for the building or the electrical system? Response: Yes Design -Build Hangar B Page 4 54. RFP Section 13122 any framed wall openings required for tenant equipment? Response: Yes 55. RFP Division 16 Electrical systems items (Page 22): a. General shop drawings shall not be included with bid submittal. Response: Yes b. Power conduit, receptacles, switches and wiring shall be per code and match Hangar `A'. Response: Yes 56. Shall lighting systems and receptacle layouts be similar to Hangar `A'? Response: Yes 57. Aircraft static grounding system in floor is required similar to Hangar `A'? Response: Yes 58. Plumbing fixtures similar to Hangar `A'? Response: Yes 59. Please verify the following rooms receive air conditioning: office, telephone, Room #1, Room #2, Room #3 and Room #4. Response: Yes 60. Can the communication system (Alternate #6) be an allowance? If so, please specify amount. Response: No 61. Can we propose to provide a 5'-0" wide landscaped area against the Hangar, both sides and shift the sidewalks out (reverse of site plan)? Response: Yes 62. Please verify Hangar `B' finish floor elevation will match Hangar `A'. Response: Design -Build Team to determine the finish floor elevations. 63. Can Hangar `A' be used for temporary power and water? Response: No 64. Are communication lines required between hangars and/or between Hangar `B' and Administration Building? Response: No 65. Per item "Pavement" on RFP Page 11, it states that all sub grade and base materials will be tested and approved by the City. Is City paying for all site field density tests, LBR, etc.? Response: No 66. Please verify areas to receive VCT and vinyl base. Response: Need to match Hangar A 67. RFP Section 10750 does this apply related to telephone enclosures and directory/storage units? Response: Need to match Hangar A 68. Perimeter silt fencing required? Response: Yes, per the erosion control plan that will need to be submitted. Design -Build Hangar B Page 5 69. Confirm trench drain is required to be the same length as Hangar `A'? Response: Yes 70. Per item 6, Page 13 of the RFP, the hangar door and overhead door will be designed to meet the required wind loads. Are you requesting additional lock -down mechanisms/removable supports as well? Response: This will need to meet all required wind loads. 71. We are assuming a new dumpster enclosure is not required? Response: Yes 72. Shall base bid include standard efficiency HVAC system per code minimum with an Alternate for higher SEER (16.0 for example)? Response: Yes 73. Any requirements for high efficiency water heater? Tank -type or tanldess LP gas? Is LP gas desired? Response: Yes 74. Do restrooms and electrical room need air conditioning? Response: Yes 75. Please confirm overhead door and personnel doors need to be painted to match building accent color? Response: Yes 76. Is the sidewalk for future Hangar `C' on the northeast side of the parking lot to be constructed now? Response: No, however the layout of the parking area and Hangar B has changed per comments. This needs to be reflected in the sidewalk. 77. The documents mention five Wepower units 2.5 to 3.0 kw are to be provided. The standard Wepower units available are 1.2 and 3.4 kw. Please provide direction as to what to include Response: ok with the 1.2 Kw. 78. The floor sealer noted, is C-Cure or equal. I am not aware of an epoxy floor sealer /coating made by C -Cure. Can we get more specific information on this sealer? Possibly if we could be informed what was used on the most previously completed hangar building recently? Response: ok 79. Appliances are mentioned within scope, are there any to be included? If so please specify Response: The appliances will be Refrigerator, Microwave and Dishwasher. 80. Is the roof material to be standing seam or a screw down? Response: Yes 81. Is the large hangar door to be motorized, motorized in all three options? Response: Yes 82. Is the exterior roll up door motorized? Response: No 83. Are the interior roll up doors to be motorized? Response: No Design -Build Hangar B Page 6 84. What are the interior partitions made of? Metal building panels, metal stud/drywall, masonry, please advise Response: Metal stud and drywall. 85. Is there a desire that the interior walls extend to the bottom of the roof deck? Response: Drop ceiling for the rooms. 86. What rooms require air conditioning? Response: Yes, all except for the storage room. 87. Will restroom walls require tile on the walls and the floors? Response: Yes 88. It is mentioned that the floor grates are to be cast and coated. What is the coating required? Response: Standard as in Hangar A. 89. Is cementitious fire spray desired as well as full sprinkling of the building? Response: No 90. There is a $20,000.00 allowance mentioned for signage, is this to be included? Response: No 91. Extra hurricane protection is asked for on the hangar door. Does this means this is not to be included as impact rated? Response: Yes, vents to be hurricane shatters and the one window to be impact proof. 92. There is an 11" x 8" area. at the west comer of the building, is this a galvanized chain link fence enclosure with gates? What is fence height? What are gate sizes? Response: Yes, at 6 ft height fence. 93. Is this a multi unit "T -Hangar or a single unit box type hangar? Response: Not a "T" Hangar 94. 2. If this is a t- hangar? Are the plans and specifications available in a digital format? Can they be e- mailed? I don't need the entire set of drawings and specifications I only the one's pertaining to the building proper. If the only way to get a set is as a complete set, I would be happy to pay for the $40.00 charge in either case I would need the plans and spec's. I am not a general contractor. I am a supplier. Response: N/A 95. 3. Are the doors electric bi -fold or sliding doors? Response: Per the bid document 96. 4. If number two is not available, can a credit card be used to obtain the plans and spec's? Response: No 97. What kinds of activities are going to occur in this hangar? Response: Aviation activities and assembly. 98. If any hazardous activities, how do we propose on a sprinkler system only since that would not comply with NFPA 409? Response: Per the bid specification. Design -Build Hangar B Page 7 99. If hazardous activities are not going to occur, provide more specific criteria for the "NFPA 409 system intended. Response: See Question 98 100. If hazardous activities are not going to occur is the intent to protect the hangar as a group I or Group II? Response: See Question 98 101. What is the available water supply (flow and pressure)? Response: The Design Build Team to verify and test. Access to the site is available prior to the due date for testing. 102. Is the entire facility to be air conditioned or only a certain rooms? Response: No, only certain rooms 103. If so, can those rooms be identified? Response: All rooms but the storage room. 104. Is there any site lighting required or just on the building? Response: No, just on the exterior building 105. Are the utilities, such as water adequate to serve the sprinkler facility. Response: Design -Build Team to determine and test. 106. On page 21 of 76 in the Request for Proposal Package, it calls for a 6' x 92' long pre engineered walkway cover system. Please confirm that this will be included in the base bid price, along with location. Response: Not part of this bid project 107. Please confirm as to whether or not there will be a dumpster enclosure required for the scope of Hanger B. If so, please provide a location. Response: Yes, the new site plan shows the tentative location of the dumpster site. 108. On page 18 of 76 in the Request for Proposal Package, it lists Solid Surface Material counter tops in kitchen areas. It also lists plastic laminate covered cabinets and counters. Please clarify which material is required for this project. Response: Project will include the same kitchen materials and cabinets used in Hangar A plus the following appliances; Refrigerator, Microwave and Dishwasher. 109. Will temporary fencing be required by the airport for this project site? Response: No temporary fencing, except for the silt fence per your Erosion Control Plan and SWPP. 110. Please clarify whether or not the restrooms are to have wall tile, and if so what is the height it is to be tiled up to? Response: Same as Hangar A 111. Please verify if power has already been run underneath road from existing transformer location to project side of road. Response: The \Design -Build Team will need to review all available plans to determine if there are any spare empty conduits under the roadway. Design -Build Hangar B Page 8 135. Question on impact fees. Disclaimer: there is no guarantee on the accuracy of these numbers or that they will apply to Hangar B/LP2. Response: the following is an estimate on the fees. City building permit: County impact fees: Water /Sewer Utility Capacity reservation. fees Water meter SJRWMD County Health Dept County Utilities FPL Fire Dept Site plan approval other $5,005 $16,605.90 $22,177 unknown unknown should be about $1400 On this project it should be $100 $531 solid waste fee $4,000 lift station backflow prevention valve $50 oil water separator operating permit $5,000 $250 site plan review $2,375 construction plan review $198 sprinkler system plan review $66 fire alarm system permit unknown $149 BCAIB Radon fee Please note that site access is still available. Please contact Joe Griffin, Sebastian Airport Director at (772) 633 -0151 to make an arrangement to access the site. As a reminder to all, the last day for submitting email questions was Monday November 1, 2010 at close of business. Also, there is a revised site plan which is attached to this Addendum No. 2 and available on the Neel Schaffer, Inc. FTP site. Design -Build Hangar B /2/9, 7-/e j S A e2 Page 11 Principal Office Address: (1) (3) CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 1 (CONTRACTOR INFORMATION FORM) Having carefully examined the Proposal Documents and Drawings entitled DESIGN BUILD HANGAR BUILDING "B Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting the work, and confirming that the sites were visited, as required, by 6RE4 C4+tO (Name of Person or Persons) on l 07/ (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. 146 1 KIIJIGT( f -D 1 P•9-(C14 FL- 3 3 403 911 How many years has your organization been in business as a contractor under your present name? tg YEMS (2) How many years experience in construction work has your organization had as a general contractor? I8YeiorgS As a Subcontractor? List below the requested information concerning projects your organization has completed in the last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name/Address/Tel Title Amount Completion Date Completion Date of Owner rr -G 4 0 Pie-oTEcr LIST X4 r 5 /J Page 28 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN BUILD SERVICES FOR HANGAR BUILDING B (4) Have you ever failed to complete any work awarded to you? If so, where and why? No (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. years? (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. 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. 2 3 '7 S To-nn. 7 oFFIcE/ r6 5` EL ws (8) What is your bonding capacity? 6 i I L Lt OiJ r S InSGLIE JDB 15 rx t. L1 061 A-6-6 (Z-! 4 A4 (9) What amount of your bonding capacity has been used as of the date of this bid? NoN E /T its r NtE (10) How many applications for performance and payment bonds have you made in the last three Page 29 of 76 15-October-2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B (11) How many of these applications were not approved? 14 ONE. (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) N (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? 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.) HoiiE Page 30 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 grounds for a determination of non responsibility with respect to such contractor. Respectfully Submitted, n /1,� f? eAUS 6N- 7 A3Je /s� 44 eiu 0:5 >A- N /eS (Name of Desi u -Build Proposer)/ 411,414 _hi .4 uthorized Signature) &Lax-xi /ia /io i L ilo 4. Lake /'aa.� 33 yU 3 (Title) (Date) (Address and Telephone No.) g'63 906 V FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: C1 c_- o o 6,/ S Classification: Cet6 1f eo AU/ LD, N y C RAct0 Monetary Limit: AVA *ATTACH A COPY OF APPROPRIATE LICENSES (SSE 5CAR.A1-E LICENSE SEGTIoni) Page 31 of 76 15-October-2010 loho CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 2 (DRUG -FREE WORKPL4CE FORM) The undersigned Design -Build Proposer, in accordance with Florida Statute 287.087 hereby certifies that A91&.41 �IIBI4 4 RP/tL es 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 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. Page 32 of 76 15-October-2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) SWORN STATEMENT UNDER SECTION 287.133(3Xa). 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 Error! Unknown document property name., Sebastian Municipal Airport, City of Sebastian, Florida. 1.02 This swom statement is submitted by AftreAks 6 n- 1 'e. P A4hai 5 Ce,wipteiies (name of entity submitting sworn statement) whose business address is 14 CA Krnet fi c- 14 Lake Ida. -k FL- 3 34 °3 -191 and (if applicable) its Federal Employer Identification Number (FEIN) is 65 02 9 75 09 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:( I4/4 1.03 My name is Otte bar-ti- FI e f Th and my relationship to the (please print name of Individual signing) entity named above is Pre Si n'f 1.04 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(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 1, 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(1Xa), 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 287.133(lXc), 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. Page 34 of 76 15-October-2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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 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 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) ,,sau<3.46y) Date: a// c� STATE OF FLORIDA COUNTY OF �A All £p 2010 The foregoing instrument was acknowledged before me this 1 Z 4 day of N C Q t bv,â–º' ,-ee9 by barber Fleis Pre, END OF SWORN STATEMENT PUBLIC ENTITY CRIMES (Signature) NOTARY PUBLIC (title) on behalf of lA)15 t fr CGS (name of partnership), a partnership. He/she is personally known to me or has produced (4 /A as identification and did did not take an oath. My Commission Expires: t 24 Vi 3 Commission Number: DI) +9 (&Z.. Page 35 of 76 15- October -2010 ATTACHMENT 4 (BiD BOND) ("This farm provided by City of'Sebastian as an example of •the firm gfbond: the actual bond firm rrnrst con,/orm to the standards required by Florida Statutes) k7VOWN ALL MEN BY THESE PRESENTS, that, we the undersigned, AHRENS ENTERPRISES, INC. d /b /a AHRENS COMPANIES as Design Build Proposer, and INTERNATIONAL FIDELITY INSURANCE COMPANY as Surety. arc hereby held and firmly bound wile the City or Sebastian. Florida, in the penal sum of five percent of the Total Bid Amount which is �I PERCENT OF AMOUNT f or payment or which. well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this 12TH day of NOVEMBER 2010, The Condition of the above obligation is such that whereas the Design -Build Proposer has submitted to the City of Sebastian a certain BID. attached hereto and hereby made a part of hereof to enter into a contract in writing, for DESIGN BUILD HANGAR .i3UIL.DING "13 NOW THEREFORE. CITY OIL SEBASTIAN MtJ IC]PAL AIRPORT• REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR 13 UILT)ING B If said BID shall be rejected. or If said BID shall be accepted and the Design -Build Proposer shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons perforating labor, famishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the sane shall remain in Force and effect, it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated, The Surety. for value received. hereby stipulates and abrecs that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid ;.and said Suri:ry does hereby waive notice of any such extension. TN WITNESS WHEREOF, the Design -Build Proposer and the Surety have hereunto set their hands and and such of them as are corporations have caused their corporate seals to be hereto atTrixed and these presents to be signed by their property officers. the day and year first set forth above. AHRENS ENTERPRISES, INC. I' IDesign -Build ProposerNatnu d /b /a AHRENS COMPANIES Surety COMPANY ad or typed to d i n Design -Build Proposer Authorized Signature 444M -9 VeisAtori t es "PA- Design -Build Proposer Printed or tyed Name and Title INTERNATIONAL FIDELITY I'rint� 13y: Design -Build Proposer Authorized Signature BRETT ROSENHAUS, ATTORNEY IN FACT Surety Printed or Typed Name and Title INSURANCE Page 36 of 76 75- October -2010 Tel (973) 624 -7200 POWER OF ATTORNEY I Lake worth, FL. INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 FOR BID BOND/RIDER/CONSENTS /AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint JASON KATZ, BRETT ROSENHAUS its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permiftd by law, stature, rule, regulation, contract or otherwise, and i the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERN FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. Purther, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt. Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or nndertaldng to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary -On this 16th day of October 2007, before me carne the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year fast above written. IN TESTIMONY WHEREOF, I have hereunto set my hand this 12TH day of NOVEMBER, 2010 A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Nov. 21, 2010 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect Assistant Secretary NAME TRADE CITY *VALUE TARMAC CONCRETE VERO BEACH 42,336.00 SY'S SUPPLY REBAR, WWM, ETC. MELBOURNE 12,130.00 MASTELLER, MOLER, REED TAYLOR, INC. SURVEY VERO BEACH 1,680.00 SUPERINTENDENT GREG HARRIS SUPERINTENDENT SEBASTIAN 52,559.00 MBV ENGINEERING CIVIL ENGINEER VERO BEACH 29,250.00 COMPLETE ELCTRIC ELECTRICIAN SEBASTIAN 76,247.00 MEEKS PLUMBING PLUMBING VERO BEACH 25,379.00 DRH TEMPORARY TOILET ROCKLEDGE 591.00 3 -D FENCING FENCING SEBASTIAN 20,250.00 ARNOLD AIR CONDITIONING HVAC SEBASTIAN 21,713.00 COONS CONSTRUCTION STUCCO VERO BEACH 1,238.00 CLASSIC FLOORS FLOORING MELBOURNE 4,693.00 PARMENTER EXCAVATING SITE WORK PALM BAY 178,939.00 HELLER CABINETRY CABINETRY MELBOURNE 1,329.00 LOWE'S APPLIANCES VERO BEACH 900.00 TOTAL VALUE FOR LOCAL COMPANIES: 469,234.00 AHRENS AM COMPANIES LOCAL SUPPLIERS AND SUBCONTRACTORS *VALUES INCLUDE AHRENS' FEES. *TOTAL VALUE ACCOUNTS FOR APPROXIMATELY 40% OF CONTRACT. *AHRENS COMPANIES IS A CERTIFIED WOMEN OWNED SMALL BUSINESS SET ASIDE, CAGE CODE 5FEM4 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License CBC006515 Architect License AA26000694 Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed Contract Amount 1. Masteller, Moler, Reed Taylor, Inc. 1655 27th Street, Suite2 Vero Beach, FL 32960 (772) 564-8050 Surveying 1,500.00 2. Parmenter Excavating, LLC P.O. Box 61885 Palm Bay, FL 32906 (321) 724-8760 Site Work 143,400.00 3. MGM Shell Contractors 15821 Merchantile Court #1 Jupiter, FL 33478 (561) 691-5031 Concrete Work 38,098.00 4. Nutting Engineers 1310 Neptune Drive Boynton Beach, FL 33426 (561) 736 -4900 Testing 995.00 5. Delta Fire Sprinklers 111 Teceh Drive Sanford, FL 32771 (407) 328 -3000 Fire Sprinklers and Fire Alarm Undergroun Fire Line 57,399.00 6. Meeks Plumbing 5555 US Highway 1, Suite 1 Vero Beach, FL 32967 (772) 569-2285 Plumbing 22,559.00 7. Complete Electric, Inc. 637 Sebastian Blvd. Sebastian, FL (772) 388 -0533 Electrical 67,775.00 TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: See Page 3 PERCENT SUBCONTRACTOR PARTICIPATION: CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 5 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name of DESIGN -BUILD PROPOSER Ahrens Enterprises, Inc. D/B /A Ahrens Companies Page 38 of 76 15- October -2010 Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed Contract Amount 1. 3 -D Fencing 474 Autumn Terrace Sebastian, FL 32958 (772) 321 -2051 Fencing 18,000.00 2. Epoxy Incorporated 4855 Distribution Court 7 Orlando, FL 32822 (321) 235 -6606 Epoxy Floor 27,515.00 3. Best Doors II 9780 NW 79th Avenue Miami, FL 33016 (954) 549 -3662 Roll -up Doors 21,493.00 4. GPP Enterprises 4800 SW 51st Street Davie, FL 33314 (954) 689 -7545 Storm Shutters 455.00 5. Heller Cabinetry, Inc. 395 -A Stan Drive Melbourne, FL 32904 (321) 729 -9690 Cabinetry 1,181.00 6. Sassers Glass Works, Inc. 504 Datura Street West Palm Beach, FL 33401 (561) 833 -8495 Windows 5,700.00 7. Bean Drywall 5900 Silver Oak Drive Fort Pierce, FL 34982 (772) 460 -6110 Framing Drywall, Insulation, Acoustical Ceiling 24,093.00 TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: See Page 3 PERCENT SUBCONTRACTOR PARTICIPATION: CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 5 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name of DESIGN -BUILD PROPOSER Ahrens Enterprises, Inc. D/B/A Ahrens Companies Page 38 of 76 15- October- -2010 Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed Contract Amount 1. Chem Tech Painting 1073 SW Tiburon Way Palm City, FL 34990 (772) 781 -2810 Painting 26,638.00 2. All Glass, Inc 1007 Sunshine Lane Altamonte Springs, FL 32714 (407) 702 -0403 Toilet Accessories and Partitions, Fire Extinguishers 3,523.00 3. Arnold Air Conditioning, Inc. 181 Sebastian Blvd. Sebastian, FL 32958 (772) 589 -1063 HVAC 19,300.00 4. Classic Floors 7830 Ellis Road Melbourne FL 32904 (321) 727 -0778 Ceramic Tile and VCT 4,171.00 5. Silent Standy Power Supply, LLC 3866 Prospect Avenue #15 Riviera Beach, FL 33404 (561) 842-5006 Wind Turbines 30,000.00 6. United Structures of America 1912 Buschong Houston, TX 77039 (281) 442-8247 Pre- Engineered Metal Building 103,790.00 7. TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: 617,585.00 PERCENT SUBCONTRACTOR PARTICIPATION: 52 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 5 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY PROPOSAL PRICE FORM AND MUST BE COMPLETED AS APPLICABLE. Use additional sheets as necessary. Name of DESIGN -BUILD PROPOSER: Ahrens Enterprises, Inc. D/B /A Ahrens Companies Page 38 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B ATTACHMENT 6 FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Design -Build Proposer to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Design Build Proposer. 1. The Design -Build Proposer 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 Design -Build Proposer, 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 Design -Build Proposer 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�►'Ch S(otâ–  LF 550 LF t 4.00 /LF 2, zoo. Oo b. c. d. e. For Information Only, Not for Payment Purposes Design -Build Proposer may use additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non responsive. 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). Page 40 of 76 15- October -2010 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN -BUILD SERVICES FOR HANGAR BUILDING B 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. J 6N ke tS Company Name and Title /64,03/9/64 /S ea /Res /De/ Address: f� 1 0lue)l-iG /CO LAke 1 •4L 3 3 3 Telephone:(S6 &(n 3 -90 0 y eeNS C avre s END OF FLORIDA TRENCH SAFETY ACT STATEMENT Page 41 of 76 15- October -2010 AC# 4519166 DATE BATCH NUMBER 8/17/20:09 0900 84963 he BUSINES ?'.ORGANIZATI Named below IS QUALIF, ED` Under the provisions, of Chapter 4 8 9 FS:, Expiration date: ?AUG 31, 2011 (THIS IS__ -=NOT A LICENSE TO ...PERFORM WORK. COMPANY TO DO- BUSINESS ONLY IF IT HAS A AHRENS ENTERPRISES INC AHRENS COMPANIES 1461 KINE- TIC :ROAD LAKE PARK FL 33403-1'911 AC# 4519166 STATE OF FLORIDA, BATCH NUMBER .08 09 0'.08.4.63:QBV:.,006f0.25: The BUS INES S'..:"i„ORGANt ZATION Named below tJALIFID' Under the provisions of.Cliapter 489 FS Expiration date AUG 31, 2011 THIS IS NOT A LicENsg. TO.:•!:_PEREORM::.•WORK. THIS ALLOWSTHE COMPANY TO pb '1 T HAS A QUALIFIER.'. AHRENS: ENTERPRISES AHRENS COMPANIES it4i:f. .1 1461'-KINETIC;..'ROAD LAKE PARK FL 31403-1911 CHARLIE CRIST GOVERNOR :rit rZvi iv% it e A t t.4,x Li VENS- ze:;,13Mliehi.s7 ‘1 4 41 :74 Ot) .tft arasfi t-67e, 4) ti xoigfx )R b t ,1 6 Aff AA,s...-7 IW, ff 2 .:q.... i N.FF. F F Ir.'s' V s t;ti_ gr-1,1,S.12.4gir-JX4--- 1krgitgl 'cr X 6 t7.• DEPARTMENT OF BUSINESS: AND PROFESSZONAL: REGU T.RUCTION.:;SINpUSTRY.s..\;-74-‘.-CENSTN5.48:0ARD-41 ••i6 bEWF LICENSE 'NBR. ,',1" ;7! 1- 1 '7:: CHARLES '''4-•=tSECRETARY .m1 g_ r`-` 1 -AC Oct 06 10 01:25p Greg Celentano STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399 -0783 CELENTANO, GREGORY LOUIS AHRENS COMPANIES 824 SW SQUIRE JOHNS LANE PALM CITY FL 34990 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every clay we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridaficense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is; License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! O GE1.iTETING C a i l'1eG'TOF F Tamed';- be.lovi °:;3 IFIED.' 'ti rider' p ovi'sions. o'f Chapp t ..:-Expara 3.1 DETACH HERE 772 597 0205 p.1 (850) 487 -1395 STATE OF FLORIDA, AC#� ,S.08.5? 1 DEPAiZ'T�EL?•'F,-.�OF;- .BUSINESS; AND ROI S qN? :::REGUTATION %2 1X'0 ..1:0,8 0132 CERTI:F hIxr gNERAL.':. CO)!TT ACTO .IS =Oar the provisions of c2+.489 as s i ra AI. t i r 2 °D 2 I1007,22OIO2$`' MATE :BATCH NUMBER LICENSE.:NBR' r CGC15T ,948 S.'ION�.E GULA `SON; .+CE NBIi r. BOARg;;- $E4# x.io.a7 zo ozs. Licensee Details Licensee Information Name: CHEN, XUAN (Primary Name) (DBA Name) Main Address: 127 ASHLEY COURT JUPITER Florida 33458 County: PALM BEACH License Mailing: License Location: License Information License Type: Professional Engineer Rank: Prof Engineer License Number: 58578 Status: Current,Active Licensure Date: 06/20/2002 Expires: 02/28/2011 Special Qualifications Qualification Effective Building Code Core Course Credit View Related License Information View License Complaint i 'Terms of Use I Privacy Statement. I 3:28:14 PM 11/10/2010 Is authorized under the provisions of Section 471 023, Florida Statutes, to offer engineering services to the public through a Professional Engineer ",duly licensed under Chapter 471, Florida Statutes. Expiration: 28- Feb -11 Audit No: 22820110118 Board of Pro MB Certificate of Authorization CA No: 3728 Rodolfo Vilia Is licensed as a Professional Engin er=u der Chapter 471, Florida Statutes Expiration: 28- FEB -11 P. E. Lic. No: Audit No: 228201106912 61000 DISPLAY AS REQUIRED BY LAW Aaron DISPLAY AS REQUIRED BY LAW Engineers C. Board of Professional Engineers Attests that eS ow es ,P.E. Is licensed as a Professional Engttieer'under Chapter 471, Florida Statutes Expiration: 28- FEB -11 P. E. Lic. No Audit No: 228201105168 DISPLAY AS REQUIRED BY LAW 55313 c# 8L52 CHARLIE CRIST GOVERNOR BATCH NUMBER DATE BATCH NUMBER CHARLIE CRIST GOVERNOR STATE,OF FLQRIDA t P40#ESgzoriiii ,-;-'3Boly.gr) .Nzcik; otiRvEypi3s MAPP CARTECUINE4SWEPHEN PETER WILLIAM ST' SE PALM BAY FL 32909 VICENSE'ITBR 02/22/2007 10605'59828kLS,4895 The SURVEYOR AND MAPPER Named below IS LICENSED Under the provisions of Chapter 472 FS. Expiration date: FEB 28, 2009 LICENSE NBR INDI.AN=RIVER, INC 2455_ 14TH AVENUE vERcy BE-ACH FL 32960 12/15/2008 080284736 LB7545 The SURVEYING MAPPING BUSINESS Named below IS CERTIFIED Under the provisions of Chapter 472 FS. Expiration date: FEB 28, 2011 DISPLAY AS REQUIRED BY LAW DISPLAY AS REQUIRED BY LAW ERS bEL/#1,0702220087 HOLLY. BENSON SECRETARY: CHARLES W. DRAGO SECRETARY I certify from the records of this office that MBV ENGINEERING, INC. is a corporation organized under the laws of the State of Florida, filed on July 15, 1983.. The document number of this corporation is G50.5.57.. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on March 1, 2010, and its status is active.. I further certify that said corporation has not filed Articles of Dissolution State of Florida Department of State Given under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the First day of March, 2010 Secretary of State Authentication ID: 400170931014- 030110- G50557 I o authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. https:// efile.. sunbiz.,org /certauthver•,.html ACO2O CERTIFICATE OF LIABILITY INSURANCE PRODUCER (561) 746 -4546 FAX: (561) 746 -9599 Tequesta Agency, Inc. 218 S. US Highway One Suite 300 Tequesta FL 33469 INSURED Ahrens Enterprises, Inc., DBA: dba Ahrens 1461 Kinetic Road Lake Pak COVERAGES FL 33403 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATI HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 01 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE INSURER A: Transportation Insurance Co INSURER B: Valley Forge Insurance Co. INSURER C: INSURER D: INSURER E: DATE (MM /DD/YYYY 1/28/2010 NAIC 20494 20508C INSR LTR A A B ADD'L INSEJ) TYPE OF INSURANCE GENERAL UABIUTY X COMMERCIAL GENERAL LIABILITY X X,C,U INCLUDED X GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY X JECT JECT LOC AU GARAGE LIABILITY ANY AUTO X X CLAIMS MADE CONTRACTUAL LIAB. DEDUCTIBLE X OCCUR OMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS EXCESS UMBRELLA LIABILITY OCCUR CLAIMS MADE RETENTION 10,000 WORKERS COMPENSATION AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below Y/N OTHER POUCY NUMBER C2075808864 OWNERS CONTRACTORS PROTECTIVE INCLUDED 2075808900 WC275809481 POLICY EFFECTIVE DATE (MM /DD/YYYY) 1/30/2010 1/30/2010 1/30/2010 DESCRIPTION OF OPERATIONS /LOCATIONS VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS POLICY EXPIRATION DATE (MM /DD/YYYY) 1/30/2011 1/30/2011 1/30/2011 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL ADV INJURY GENERAL AGGREGATE PRODUCTS COMP /OPAGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE AGGREGATE WC STATU- TORY LIMITS OTH- ER E.L EACH ACCIDENT E.L. DISEASE EA EMPLOYEE E.L DISEASE POLICY LIMIT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DINE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI- POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE HOLDER ACORD 25 (2009/01) 1NS025 (200901) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Mark Kasten /JENN OMITS 1,000,01 100, .0( 5,0( 1,000,0( 2,000,0( 1,000,0( 5,000,00 5,000,00 500,00 500,00 500,00 1988 -2009 ACORD CORPORATION. All ri The ACORD name and logo are registered marks of ACORD city or margate 901 NW 66th Avenue Margate, FL 33063 Kegai rant center 201 S. Dixie Hwy. Lake Worth, FL creens, Etc. 4th Avenue N. Lake Worth, FL JOutnem Eagle Ulst Addition 5300 Glades Cut Off Ft. Pierce, FL Ample S torage 1519 N. Dixie Highway Lake Worth, FL Guardian 1 ransportation 45th Street Mangonia Park, FL cypress creek TG Investments Sierra Business Park 1200 Cypress Creek Rd. Ft. Lauderdale, FL Gateway manna 8250 S. Federal Highway Hypoluxo, FL I umoeny Hangars F G LeJeune Rd and Wright Rd, Opa Locka umberry Hangar H LeJeune Rd and Wright Rd, Opa Locka city of Sebastian Hangar 'A' 202 Airport Drive, East Sebastian, FL j PROJECT NAME AND ADDRESS I 1 1 1 I I $600,000.00 $679,562.00 $3,187,403.00 $1,485,000.00 $2,076,960.00 $3,500,000.00 $784,832.00 $10,481,749.00 $8,879,865.00 $1,241,265,00 CONSTRUCTION CONTRACT AMOUNT 8/22/2005 3/1/2007 6/1/2007 5/23/2008 CO 3/18/2008 2/21/2007 7/6/2008 5/12/2009 ORIGINAL j COMPLETION DATES PARTIAL PROJECT LIST FOR PAST 5 YEARS 9/25/2005 7/10/2007 8/6/2008 4/1/2008 10/1/2007 5/29/2009 REVISED 7/7/2010 6/4/2010 8/31/2005 11/30/2006 1/17/2008 3/29/2008 CO 4/14/2008 3/30/2008 ACTUAL City of Margate Contact: Reddy Chitepu (0) 954 972 -0828 Regal Paint Center Contact: Steve Rasmussen (0) 561- 659 -9034 Screens Etc Contact: Debbie Swinford (0) 561 -439 -3819 (C) 561 -436 -9973 Southem Eagle Distributing Contact: Musik Construction Gene Schwartz 314 -781 -7005 Ample Storage Lake Worth, LLC Contact: Brantley Powell 919- 656 -7500 Kauffs Transportation Systems Contact: Geoff Russell 561 -844 -5283 TG Investments LLC Contact: Ramsey Silva 954- 383 -8883 Palm Beach Marina, Inc Contact: Chris Ciasulli 561 588 -1211 Tumberry Associates Contact: Mr. Dar Gennett 305 6824134 Tumberry Associates Contact: Mr. Dar Gennett 305 -682 -4134 City of Sebastian Contact Mr. Joe Griffin 772- 228 -7001 OWNER INFORMATION New 4,950 sf generator storage warehouse site work Demo of existing warehouse construction of new 7, 179 sf warehouse site work Design and build a 8,112 SF screen manufacturing plant, including all site work. I i i i 'Design and construction of a free standing 30,000 SF addition to their existing distribution facility, retro roofing three sections of their 100,000 SF distribution facility and renovating their 2 -story office facility. Construction of a 2 -story, phase 1 building of 32,000 SF Design and construction of a 50' W X 200' L X 24'H eaves height (10,000 SF) 2 -story repair office facility Design and construction of a 200 MPH rated 39,379 SF 2 story Corporate Office/Hangar addition to an existing 9,100 SF office /hangar complex. Design and construction of a 30,000 Story dry stack storage facility. First part of the 5 aviation hangar project. The 2 hangars, F G were completed in March of 2008. Design and construction of 5 new aviation hangar facilities, including a Fixed Base Operator (FBO), storage and maintenance facilities and fire room building, totaling 141,864 SF on 16 acres. Design and construction of a 15,000 s.f. maintenance facility /hangar including two (2) lean -to units. DESCRIPTION OF PROJECT SEBASTIAN MUNICIPAL AIRPORT HANGER "B" PROJECT DESIGN -BUILD SERVICES AGREEMENT THIS AGREEMENT made this day of 20_, by and between the CITY OF SEBASTIAN, (hereinafter "City a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, "CITY and Ahrens Companies, a Florida corporation, whose address is 1461 Kinetic Road, Lake Park, FL 33403 -1911 (hereinafter "DESIGN /BUILDER This document contains thirty -eight (38) pages. WHEREAS, the CITY desires to engage a Florida licensed contractor who has special and unique competence and experience in providing design -build construction services necessary to complete the Project hereunder; and, WHEREAS, the DESIGNBUILDER represents that it has such competence and experience in providing these services; and, WHEREAS, the CITY in reliance on such representation has selected the DESIGNBUILDER in accordance with its procedure for selection of DESIGN /BUILDER; and, WHEREAS, the CITY and the DESIGN /BUILDER desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1.0 EMPLOYMENT OF DESIGNBUILDER The CITY hereby agrees that it engages the DESIGNBUILDER and the DESIGNBUILDER hereby agrees to perform services for the CITY in accordance with this Agreement for the DESIGNBUILD HANGER BUILDING "B" AT SEBASTIAN MUNICIPAL AIRPORT. This Agreement is not an exclusive agreement and the CITY may employ other contractors, professional or technical personnel to furnish services for the CITY as the CITY in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the CITY and Subcontractor(s), or, between any person or firm other than the CITY and DESIGN /BUILDER. The DESIGN /BUILDER 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 CONTRACT DOCUMENTS cfYY of HOME OF PELICAN ISLAND The Contract Documents which comprise the entire agreement between CITY and DESIGNBUILDER are incorporated herein and made a part hereof, and consist of the following: 1 a. This Design -Build Hanger Building `B" at Sebastian Municipal Airport Agreement; b. Request for Proposal Technical Criteria Package (Bid Documents) for Design -Build Services for the Design -Build Hanger Building `B" at Sebastian Municipal Airport project dated October 15, 2010, with Addendum No. 1 dated October 28, 2010, and Addendum No. 2 dated November 2, 2010; c. Ahrens Enterprises Proposal Package dated November 12, 2010 with Proposal Price Form Summary of Costs, Affidavits, Certification and Design Criteria; d. Plans, Specifications and other design documents prepared and approved in accordance with this Design -Build Hanger Building "B" at Sebastian Municipal Airport Agreement; e. Certificates of Insurance and Endorsements; f. Performance and Payment Bonds; g. St. Johns River Water Management District Stormwater Environmental Resource Permit; h. FDOT grant: FPN 416287- 1- 94 -01; i. Any written modifications, including Change Orders and Work Orders; and j. Any other documents referenced in these Contract Documents. 2.1 INTENT. The intent of the Contract 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, tools and equipment, temporary facilities and systems, 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 DESIGN /BUILDER. Performance by the DESIGNBUILDER shall be required to the extent consistent with the Contract 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 Contact 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 Contact 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 Contact Documents. 2.3 AMENDMENTS. The parties may modify this Agreement at any time by written agreement. Neither the Contract 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 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 Contract Documents, or otherwise involving the Project, 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 THE WORK 3.1 Subject to and in accordance with the terms and provisions of the Contract Documents, the DESIGNBUILDER agrees to design and construct the Project for the CITY. 3.2 The DESIGNBUILDER agrees to provide all the professional design services, labor, material, supplies, equipment, transportation, apparatus, light, energy, temporary facilities and systems, scaffolding and tools necessary for the proper design, construction and completion of the Work described in the Contract Documents. 3.3 The DESIGNBUILDER shall remain fully liable to CITY for the adequacy of the Plans and Specifications and other documents, the ultimate and acceptable design and construction of the PROJECT, and for any errors and omissions that may exist thereon, whether the work is done in house by the DESIGNBUILDER, by joint venture, or by retention of a design professional by the DESIGNBUILDER. 3.4 The Plans and Specifications prepared by DESIGNBUILDER, DESIGNER, and Subcontractors in connection with the Project shall be a "work made for hire" and the CITY shall be vested with all rights of ownership thereto. Any use by the CITY of such Plans and Specifications for other projects unrelated to this Project shall be at the CITY's sole risk. 4.0 COMPENSATION CITY shall pay DESIGNBUILDER, in the manner set forth herein, One Million Three Hundred Four Thousand Twenty -Two Dollars ($1,304,022) "Contract Price" for performance of the Work, which shall comprise total compensation to DESIGNBUILDER. The indicated amount includes: Total Base Price; plus Additive Alternates 1, 2, 5, 6, 7. The agreement of the parties hereto is that the DESIGNBUILDER shall bear all costs and expenses of any kind, type or nature for Work specified in the Contract Documents and such additional work as may be reasonably inferred therefrom, and deliver to CITY at the Contract Price, the Project as specified in the Contract Documents, which upon completion and delivery, shall be satisfactory to the CITY and all governmental authorities having jurisdiction thereof. 3 5.0 TIME OF COMMENCEMENT AND COMPLETION 5.1 Following execution of this Agreement and verification of compliance with all submittals required of DESIGNBUILDER hereunder, CITY shall issue a Notice to Proceed to begin the Work. 5.2 CITY shall promptly and diligently assist DESIGN /BUILDER pursue the acquisition of all required permits to allow construction of the Project in the manner proposed by DESIGN /BUILDER under the Contract Documents. 5.3 The time of Substantial Completion of the Work shall be one hundred ninety -five (195) days following issuance of the Notice to Proceed. 5.4 The Work shall be completed, ready for final payment within thirty-five (35) days after the actual date of Substantial Completion. In no event shall the Work to be performed under the Contract Documents be considered completed until all construction items required by the drawings, plans and specifications have been fully completed and approved by the CITY and all governmental authorities having jurisdiction thereof, and a Certificate of Final Inspection and DESIGNBUILDER's Release have been issued. 5.5 LIQUIDATED DAMAGES. The CITY and DESIGNBUILDER recognize that time is of essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within 195 days, plus any extensions thereof allowed in accordance with the Contract Documents. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and DESIGNBUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGNBUILDER shall pay CITY two hundred dollars ($200) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. 6.0 DESIGNBUILDER'S DUTIES AND STATUS 6.1 PROFESSIONAL FIDUCIARY RELATIONSHIP TO CITY 6.1.1 The DESIGNBUILDER recognizes the relationship of trust and confidence established between it and the CITY by the Contract Documents. It covenants with the CITY to furnish its best skill and judgment, to cooperate with the CITY to incorporate in the Work only materials which shall be new and of the best of the kind of grades specified to insure that all workmanship shall be to the best of the recognized standard known to the various trades, to furnish efficient business administration and supervision, to keep at all times an adequate supply of workers and materials at the site, and to prosecute the completion of the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the CITY. 6.1.2 The DESIGNBUILDER hereby represents and warrants to CITY that DESIGNBUILDER is skilled and experienced in the design and construction of projects of the 4 type depicted in the Proposal Documents, and that the DESIGNBUILDER by careful examination has satisfied itself as to the general area in which the improvements are to be located, including, but not by way of limitation, soil conditions, climate conditions, surrounding neighborhood and structures, local utilities, available labor supply and cost, all local governmental requirements, and available equipment supply and cost as well as all other items which in the DESIGNBUILDER's judgment could in any manner affect the timely performance of the Work. 6.2 DESIGN WORK 6.2.1 DESIGNBUILDER shall engage qualified, licensed design professionals (hereinafter collectively called "DESIGNER to provide design services (including, without limitation, engineering, architectural, and other professional design services) for the preparation of Drawings, Specifications and other design submittals for the construction and compilation of the Work in accordance with the Contract Document. 6.2.2 The DESIGNER and other design professionals shall be engaged solely by DESIGNBUILDER. All agreements between DESIGNBUILDER and the DESIGNER and other design professionals, and any modifications thereof, shall be in writing. Copies of these agreements shall be furnished to CITY promptly upon CITY's request. DESIGNBUILDER shall be responsible to CITY for the acts and omissions of DESIGNBUILDER's employees, agents and independent contractors (including, without limitation, the DESIGNER, other design professionals and all Subcontractors), and their agents and employees, and all other persons or entities performing the obligations of DESIGNBUILDER under the Contract Documents. 6.2.3 DESIGNBUILDER shall carefully review the Contract Documents and other information relative to the Design Criteria, shall carefully evaluate existing conditions related to the Work (utilizing such tests and measurements as DESIGNBUILDER deems advisable), shall carefully evaluate the site and related field conditions and shall report promptly to CITY any errors, inconsistencies or omissions. It shall be the DESIGNBUILDER's sole responsibility to evaluate any additional topographical surveys, soil tests, drainage plans and any other engineering reports, plans or tests that, in its professional opinion, are required to insure that sufficient information is available for the completion of the Work. Any additional work, regardless of its nature and scope, required as a result of said surveys, tests, reports or plans in order to complete the Work shall be performed at DESIGNBUILDER's sole cost and expense. However, it is understood that DESIGNBUILDER cannot be held liable for any unknown or hidden hazards that could not have been reasonably discovered by a DESIGNBUILDER similarly situated in the design/build industry. 6.2.4 DESIGNBUILDER shall provide design documents sufficient to establish the size, quality and character of the Project, the architectural, structural, mechanical and electrical systems of the Project, and the materials and such other elements of the Project as are required by the Contract Documents. The design documents may be prepared in a series of design submissions. In the process of preparing the interim design documents, DESIGNBUILDER and CITY shall: meet and review the status and progress thereof based upon an agreed upon schedule. At such meetings, DESIGNBUILDER shall identify any deviations from the Contract Documents and any previously reviewed design submissions. Minutes of each meeting shall be maintained by 5 DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and other persons designated by CITY. The design documents and all interim design submissions shall be subject to CITY's written approval. 6.2.5 After CITY has approved the design documents in writing, DESIGNBUILDER shall provide construction documents setting forth in detail the requirements for the construction of the Project. The construction documents shall include Drawings and Specifications and be consistent with the approved design documents. In the process of preparing the construction documents, DESIGNBUILDER and CITY shall meet and review the status and progress thereof based upon an agreed upon schedule. Minutes of each meeting shall be maintained by DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and those persons designated by CITY. The construction documents shall be subject to the written approval of CITY and no construction Work shall be performed prior to receipt of such written approval. 6.2.6 CITY's review and approval of design documents and the construction documents is intended to assure they are compatible with the Design Criteria and other expectations of CITY with respect to the Project. CITY's review and approval of any design documents or construction documents shall not be construed or deemed to either transfer any design liability from DESIGNBUILDER to CITY or to otherwise release DESIGNBUILDER from liability in connection with the design of the Project. 6.2.7 Upon receipt of CITY's written approval of the construction documents, DESIGNBUILDER shall prepare and file all applications and accompanying documentation required to obtain the building permit and other governmental permits and approvals required for construction of the Project. 6.2.8 DESIGNBUILDER shall obtain from each of DESIGNBUILDER's design and engineering professionals and furnish to CITY certifications with respect to the documents and services provided by such professionals as follows: A. That the documents and/or services to which such certifications relate (i) are consistent with the Design Criteria set forth in the Contract Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable practice standards and standards of care, and (iii) comply with all applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and B. That CITY and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. 6.3 BEFORE CONSTRUCTION 6.3.1 Before undertaking each part of the Work, DESIGNBUILDER shall carefully study and compare the Proposal Documents and check and verify pertinent figures shown thereon and all applicable field measurements. DESIGNBUILDER shall promptly report in writing to CITY any conflict, error or discrepancy which DESIGNBUILDER or any of his Subcontractors or Suppliers 6 may discover and shall obtain a written interpretation or clarification from CITY before proceeding with any Work affected thereby. 6.3.2 Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), DESIGNBUILDER shall submit to CITY for review a Preliminary Progress Schedule indicating the starting and completion dates of the various stages of the Work and a proposed schedule of Shop Drawing submissions, and within ten (10) days after completion of final design, a proposed Schedule of Values of the Work on the form approved by CITY, and a listing of manpower and cash flow projections through the Contract Time. 6.3.3 The Schedule of Values shall include prices of items not exceeding the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for Applications for Payment during construction. DESIGNBUILDER shall confirm in writing at the time of submission that an appropriate amount of direct costs, supplemental costs, administrative expenses, contingencies and profit have been allocated to each item of Work. 6.3.4 CITY will review and return the schedules submitted in accordance with this Article and DESIGNBUILDER, if required, shall revise, adjust or modify and resubmit acceptable schedules within the time periods required, and if none are required, at least ten (10) days before submission of the first Application for Payment. 6.4 PRE- DESIGN AND PRE- CONSTRUCTION CONFERENCE 6.4.1 No later than ten (10) days after the effective date of the Agreement, a conference will be held for the review of the Design Criteria and to establish procedures and schedules for the design phase of the Project, to review any required professional liability insurance coverage required with respect to the design Work and to establish a working understanding among the parties regarding the design Work, DESIGNBUILDER as well as the DESIGNER and other design professionals engaged by DESIGNBUILDER shall attend the conference. 6.4.2 Pre Construction Conference Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work and to the management of all aspects of the Project. DESIGNBUILDER shall attend such conference and shall require any or all of its Subcontractors and Suppliers, as CITY directs, to attend the conference. 6.4.3 Unless otherwise stated at the Pre Construction Conference or a Project Meeting, the CITY's Project Manager as assigned in writing by CITY will be the single authorized representative of CITY assigned the duty of, and authorized to, transmit or receive communications between DESIGNBUILDER and CITY for the remaining term of the Agreement. 7 6.5 DUE DILIGENCE 7.0 DESIGN APPROVALS 8 6.5.1 Before ordering any material or doing any work, DESIGNBUILDER shall verify all measurements and conditions at the existing site and ensure the accuracy and suitability of same. No additional compensation will be allowed or paid on account of any difference between actual dimensions and measurements indicated in the Proposal Documents. Any differences which may be found shall be submitted to the CITY for instructions before proceeding with the Work. 6.5.2 DESIGN /BUILDER shall purchase all materials in accordance with the accepted Work Schedule so as to avoid delays and substitutions when such materials are to be incorporated in the Work; said materials are to be stored in designated locations in a manner secure from all identifiable risks. 6.6 STAGING AREAS The DESIGNBUILDER and CITY shall identify the preferred staging areas adjacent to the construction site. Upon completion of the Project, it is the responsibility of DESIGNBUILDER to restore the staging areas to an agreed -upon state. 7.1 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Preliminary Design documents including, but not limited to, elevations, sections and an outline of specifications that are based on and comply with the Design Criteria and the Proposal Documents. 7.2 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Design Development documents including, but not limited to, elevations, miscellaneous details and an updated set of specifications which are based on and comply with the Design Criteria, the Proposal documents and the CITY approved Preliminary Design documents. 7.3 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Final Plans and Specifications that shall be based on compliance with the Design Criteria, the Proposal Documents and the previously approved Design Development documents. 8.0 PLANS, SPECIFICATIONS AND RELATED DATA 8.1 INTENT OF PLANS AND SPECIFICATIONS 8.1.1 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, DESIGNBUILDER or any member of DESIGNBUILDER or any subcontractor finds a gap, conflict, error or discrepancy in the Contract Documents, DESIGNBUILDER shall report it to CITY in writing at once and before proceeding with the Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after its discovery of such gap, conflict, error, or discrepancy, which is directly or indirectly affected by such gap, conflict, error, or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors and discrepancies between the Contract Documents, the documents shall be given preference in the following order: Change Orders, Design Criteria, Design/Build Agreement, Notice to Proceed, Approved Plans and Specifications, Approved Shop Drawings, Proposal, remaining portions of the Request for Proposals Package, Performance and Payment Bonds, Insurance Certificates and Endorsements, Affidavits and Certifications. Any Work done by the DESIGNBUILDER or any of its Subcontractors after the discovery by the DESIGNBUILDER of such gaps, conflicts, errors and discrepancies and without the resolution thereof will be at the DESIGNBUILDER's own risk and it shall bear all costs arising therefrom. 8.1.2 DESIGNBUILDER shall ensure that the Contract Documents, which includes any Drawings, Plans and Specifications prepared by DESIGNBUILDER or any member of DESIGNBUILDER or any Subcontractor, are in compliance with and complementary to the Design Criteria. If during the performance of the Work, DESIGNBUILDER or any member of DESIGNBUILDER or any Subcontractor finds a gap, conflict, error or discrepancy between the Design Criteria and the remaining Contract Documents, the DESIGNBUILDER shall report it to CITY in writing at once and before proceeding with any Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after his discovery of such gap, conflict, error or discrepancy, which is directly or indirectly affected by such gap, conflict, error or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors or discrepancies between the Design Criteria and Contract Documents, the Design Criteria shall be given precedence unless modified in writing. 8.1.3 Specifications have precedence over drawings. Figured dimensions on drawings shall govern, but Work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large -scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancies between any drawings and the figures thereon, the figures shall be taken as correct. 8.1.4 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words having a well -known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Proposals except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract or Proposal Documents) shall change the duties and responsibilities of CITY or 9 DESIGNBUILDER, or any of their agents or employees from those set forth in the Contract or Proposal Documents. 8.2 SHOP DRAWINGS AND SAMPLES 8.2.1 After checking and verifying all field measurements and conditions, and after complying with applicable procedures specified in the General Requirements, DESIGNBUILDER shall submit to CITY for review and approval in accordance with the accepted schedule of Shop Drawing submissions, two (2) copies for use by CITY, plus additional copies as required by DESIGNBUILDER of all Shop Drawings, which shall have been checked by and stamped with the approval of DESIGNBUILDER and identified as CITY may require. 8.2.2 DESIGNBUILDER shall also submit to CITY for review and approval, with such promptness as to cause no delay in the Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of DESIGNBUILDER, identified clearly as to material, manufacturer, any pertinent data such as catalog numbers, and the use for which it is intended. 8.2.3 DESIGNBUILDER's stamp of approval on any Shop Drawing or sample shall specifically indicate in writing, or if not indicated in writing, shall constitute a representation that DESIGNBUILDER has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, specified performance criteria, and similar data or assumes full responsibility for doing so, and that DESIGNBUILDER has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 8.2.4 At the time of each submission, DESIGN /BUILDER shall in writing call CITY's and DESIGNER's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted of each such variation. 8.2.5 DESIGNER's and CITY's review and approval of Shop Drawings or samples shall not relieve BUILDER from responsibility for any variation from the requirements of the Contract Documents unless DESIGNBUILDER has in writing called DESIGNER's and CITY's attention to each such variation at the time of submission and CITY has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by DESIGNER or CITY relieve DESIGNBUILDER from responsibility for errors or omissions in the Shop Drawings or from responsibility for verifying dimensions, measurements, field conditions, and compliance with the Design Criteria. 8.2.6 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been returned by CITY and noted "Approved" or Approved As Corrected 8.2.7 All costs incurred in connection with CITY's review and return of a particular Shop Drawing or sample submission after CITY'S second time review shall be borne by 10 DESIGNBUILDER, including any consultants charges to CITY for the same. CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 8.2.8 In reviewing Shop Drawings or samples, CITY shall be allowed seven (7) business days from the date CITY receives the submittal or resubmittal from DESIGNER BUILDER to return the submittal in accordance with this Article, unless otherwise provided in the Contract Documents, or where the construction schedule will conflict. CITY'S review and return of a Shop Drawing or sample within the time allowed shall not justify an increase in Contract Price or an extension in Contract Time. Any delay in connection with DESIGNBUILDER's submittal and any resubmittal of a particular Shop Drawing or sample shall represent delays under the control of DESIGNBUILDER and shall not justify an increase in Contract Price or an extension in Contract Time. 8.3 RECORD COPY OF DOCUMENTS AT JOB SITE. One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings, samples and project information shall be maintained at the job site as a record copy, in good order and annotated to show all changes made during the construction process, and shall be available to the CITY at all times. A final copy thereof, along with "as- built" record drawings, operations and maintenance manuals, test results and certifications, and information/data sheets, shall be delivered to the CITY upon the completion of the Work. 8.4 SAMPLING AND TESTING. Except as otherwise provided, sampling, testing and certification 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 CITY, except where indicated otherwise. The DESIGNBUILDER shall furnish any required samples without charge. The CITY shall be given sufficient notification of the placing of materials to permit testing and certification. As an exception to the above, when the DESIGN /BUILDER 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 DESIGNBUILDER's expense. 8.5 EQUIPMENT AND /OR MATERIAL APPROVAL DATA 8.5.1 The DESIGNBUILDER 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, composition, testing results and certification, brand name, catalog number and general type. This submission shall be compiled by the DESIGN /BUILDER and submitted to the CITY for review and written approval before any of the equipment is ordered. 8.5.2 Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. 11 8.5.3 After written approval is received by the DESIGN /BUILDER, submission shall become a part of the Contract and may not be deviated from except upon written approval of the CITY. 8.5.4 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 DESIGNBUILDER from responsibility for deviations from Plans or Specifications, unless it has called the CITY's attention, in writing, to such deviations at the time of submission, nor shall it relieve DESIGNBUILDER from responsibility for errors of any sort in the items submitted. The DESIGNBUILDER shall check the work described by the catalog data with the Contract Documents for deviations and errors. 8.5.5 It shall be the responsibility of the DESIGNBUILDER to insure that items to be furnished fit the space available. It 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. 8.5.6 Where materials or equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the DESIGNBUILDER to install the material or 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 its own expense. 9.0 MATERIALS AND WORKMANSHIP 9.1 MATERIALS FURNISHED BY THE DESIGNBUILDER. 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. 9.2 STORAGE OF MATERIALS. Materials and equipment shall be stored so as to ensure 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. DESIGNBUILDER shall submit for review and approval by CITY a storage plan prior to construction. 9.3 REJECTED WORK AND MATERIAL. All material, equipment or work which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the CITY, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any such rejected item shall be removed within ten (10) days after 12 written notice is given by the CITY, and the work shall be re- executed by the DESIGN /BUILDER. The fact that the CITY may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the DESIGNBUILDER 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. 9.4 MANUFACTURER'S DIRECTION. Manufactured articles, materials and equipment shall be applied, installed, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 9.5 SKILL AND CHARACTER OF WORKERS. Any person employed must have sufficient knowledge, skill and experience to perform properly the work assigned to them. 9.6 CUTTING AND PATCHING. The DESIGN /BUILDER 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. DESIGNBUILDER shall restore all such cut or patched work in a manner meeting the approval of the CITY. Cutting of existing structures that could endanger the Work, adjacent property, workers or the public shall not be done unless approved by the CITY and under its surveillance. 9.7 CLEANING UP. 9.7.1 The DESIGN /BUILDER shall, at all time, keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. During and at the completion of the Work, DESIGN /BUILDER shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the work "broom clean" or its equivalent, unless more exactly specified, and shall ensure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the CITY, the DESIGNBUILDER 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 9.7.2 The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the CITY. In the event the CITY finds that the DESIGNBUILDER has not complied in keeping the job site clean, the CITY may, after twenty -four (24) hours written notice to the DESIGN /BUILDER 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 DESIGN /BUILDER. 9.8 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 DESIGNBUILDER. However, ownership of any and all spoil material removed vests with DESIGNBUILDER at the time of 13 excavation. All material, equipment and work become the sole property of the CITY as installed. These provisions shall not be construed as relieving the DESIGNBUILDER 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. 9.9 GUARANTEES 9.9.1 The DESIGNBUILDER shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by CITY. 9.9.2 Such guarantee shall in no way limit or relieve the DESIGNBUILDER 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. 9.9.3 All equipment and material warranties or guarantees shall be drawn in favor of the CITY and the originals thereof furnished to the CITY for review and acceptance prior to final payment. 10.0 CONSTRUCTION LAYOUT TO BE PERFORMED BY DESIGNBUILDER 10.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS. Adequate field notes and records shall be available for review by the CITY as the Work progresses and copies shall be available if necessary. Any inspection or checking of the DESIGNBUILDER's field notes or layout work by the CITY and the acceptance of all or any part thereof, shall not relieve the DESIGN /BUILDER of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the DESIGN /BUILDER shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 10.3 FURNISHING OF STAKE MATERIALS. The DESIGNBUILDER 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. 10.4 LAYOUT OF WORK 10.4.1 Utilizing the control points furnished by the CITY, the DESIGN /BUILDER 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 items. 14 10.5 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. 10.6 COORDINATION WITH CITY. The CITY's recorded subdivision plats are not guaranteed to be correct. The distance, bearing and curve information shall be established by the DESIGNBUILDER's surveyor to control 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 DESIGN /BUILDER's surveyor to the satisfaction of the CITY's surveyor. 10.7 LOCATION OF EXISTING UTILITIES AND PIPING 10.7.1 All existing underground utilities, such as telephone, cable television and electrical cables must be located by the DESIGN /BUILDER prior to starting work in accordance with established local procedures, and DESIGNBUILDER shall contact the Utilities in accordance with established local procedures prior to commencing any work within the project area. There may be other utilities within the project area. 10.7.2 The cost of substantiating the location of utilities shall be borne by the DESIGN /BUILDER and included in the bid price. The DESIGN /BUILDER shall be responsible for the repair and /or replacement of utilities that it damages during the course of construction. 10.7.3 Utilities deemed to require relocation shall be identified by the DESIGN /BUILDER prior to commencing work. The DESIGNBUILDER 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. 11.0 PROGRESS AND COMPLETION OF WORK 11.1 DESIGNBUILDER' S OBLIGATION 11.1.1 DESIGN /BUILDER shall supervise and direct the Work, using DESIGN /BUILDER's best skill and attention. DESIGN /BUILDER 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. 11.1.2 DESIGN /BUILDER shall enforce strict discipline and good order among DESIGNBUILDER's employees and other persons carrying out the Work. DESIGN /BUILDER shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 15 11.1.3 DESIGNBUILDER 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. 11.1.4 DESIGNBUILDER shall be responsible to the CITY for the acts and omissions of DESIGNBUILDER's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with DESIGN /BUILDER. 11.1.5 DESIGNBUILDER 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. 11.2 SCHEDULE OF COMPLETION. The DESIGNBUILDER'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. DESIGNBUILDER shall submit timely progress reports, and invoices therewith, on a no less than monthly basis. 11.3 PROPERTY OF OTHERS 11.3.1 Public Ownership. The DESIGNBUILDER 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. It 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 CITY in writing. 11.3.2 Private Ownership. Mail and newspaper boxes, sprinkler systems, docks, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and/or relocated by the property owners. However, should such items not be removed or relocated by the start of construction, the DESIGN /BUILDER shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the CITY, which interfere with the construction of the Project and relocate the same as shown in or implied by the Plans. Otherwise, the DESIGN /BUILDER 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 DESIGN /BUILDER shall cooperate to obtain permission and /or a Temporary Construction Easements from the landowner. 11.4 EXISTING UTILITIES AND FACILITIES. 11.4.1 Protection. 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 DESIGNBUILDER and shall not be disturbed or damaged by him during the progress of the Work; provided that, should the 16 DESIGN /BUILDER 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 DESIGN /BUILDER. 11.4.2 Crossing Public Facilities. When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, CITY, or other public agency or private entity, the DESIGN /BUILDER shall secure written permission prior to the commencement of construction of such crossing. The DESIGNBUILDER 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. 11.5 CONDITION AND STREETS. DESIGN /BUILDER shall maintain streets and local roads utilized during construction in a manner addressing impacts of the Project to the condition of the same 11.6 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 shall require the written approval of the CITY. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. The DESIGN /BUILDER shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. Changes in the 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 DESIGN /BUILDER as required. Each change order shall address impacts, if any, to the contract time and the contract price. In the absence of a written order, no claim for changes in the Work shall be considered. 11.7 EXTENSION OF CONTRACT TIME. 11.7.1 No extension of time shall be valid unless given in writing by the CITY. No monetary compensation shall be given for delay under any circumstances. 11.7.2 A delay beyond the DESIGN /BUILDER's control occasioned by a natural disaster or other significant event may entitle the DESIGNBUILDER to an extension of time in which to complete the Work as determined by the CITY provided, however, the DESIGN /BUILDER shall immediately give written notice to the CITY of the cause of such delay. 11.7.3 "Rain day" extensions shall be granted upon written request of the DESIGN /BUILDER 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. 17 11.7.4 In the event that the CITY suspends the Work, the DESIGN /BUILDER 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 DESIGNBUILDER will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the DESIGNBUILDER. 11.8 CORRECTION OF WORK 11.8.1 DESIGNBUILDER 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 DESIGNBUILDER. 11.8.2 Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations DESIGNBUILDER might have under the Contract Documents. Establishment of the time period above relates only to the specific obligation of DESIGNBUILDER 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 DESIGNBUILDER's liability with respect to DESIGNBUILDER's remaining contractual obligations. 12.0 PUBLIC HEALTH AND SAFETY 18 12.1 PROTECTION OF PERSONS AND PROPERTY 12.1.1 The DESIGNBUILDER shall conform to, and abide by, a project safety /security /risk management plan that describes the DESIGNBUILDER's plans and procedures to protect the safety and property of property owners, passers -by and all other aspects of the Work. The plan shall be submitted by CONSULTANT and describes measures and precautions to be taken during working hours and non working hours. 12.1.2 Safety Precautions and Programs. The DESIGNBUILDER 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. The failure of DESIGN /BUILDER or any subcontractor hired by the DESIGN /BUILDER to comply with the Act constitutes a failure to perform. The DESIGN /BUILDER 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 DESIGN /BUILDER or any and all subcontractors. 12.1.3 Safety of Persons and Property. The DESIGN /BUILDER shall take all reasonable precautionary measures 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 DESIGNBUILDER 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. 12.1.4 The DESIGN /BUILDER shall be held fully responsible for such safety and protection until final written acceptance of the Work. 12.1.5 Temporary provisions shall be made by the DESIGNBUILDER 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. This includes all provisions necessary for compliance with any regulatory requirements (such as NPDES) relating to erosion and turbidity control with such measures being indicated on a specifically dedicated project plan/drawing. 12.1.6 The DESIGN /BUILDER 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 DESIGN /BUILDER will be required to conduct excavations for the Project that may be hazardous to person and property. The DESIGNBUILDER shall develop and implement a job safety and security plan that will adequately protect all property and the general public. 12.2 TRAFFIC CONTROL. 12.2.1 DESIGN /BUILDER 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. All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right -of -way shall be enacted by DESIGNBUILDER in strict accordance with The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition. Where such a plan is needed, DESIGN /BUILDER shall submit and obtain approval of their traffic control plan by the CITY. 12.2.2 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 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 the closing of roads are permitted, it shall require forty -eight (48) hours notification to the CITY. Traffic detours shall be pre- approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the DESIGN /BUILDER when the job is located in a public or private street. 19 12.2.3 Provision of Access. The DESIGN /BUILDER shall provide 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 DESIGNBUILDER shall remove all debris, excess material, barricades and temporary Work signs, leaving walkways and roads in said area clear of obstructions. 12.3 OPEN TRENCHES AND EXCAVATIONS. The DESIGN /BUILDER shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches and excavations during construction. The DESIGNBUILDER shall place construction hazard fencing along any open trenches and excavations during the work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the CITY. 12.4 PLACEMENT OF HEAVY EQUIPMENT. The DESIGNBUILDER shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends without advance specific permission. 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. Keys shall be removed from machines during those times. 12.5 TEMPORARY FACILITIES AND CONTROLS. The DESIGNBUILDER 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. 12.5.1 Sanitary Provision. The DESIGNBUILDER shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, which 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 DESIGNBUILDER shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. DESIGNBUILDER 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. 12.5.2 Water and Electric Supply. The DESIGNBUILDER shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The DESIGN /BUILDER shall provide and pay for any temporary piping and connections. 20 12.5.3 Noise and Vibration Control. The DESIGN /BUILDER shall provide adequate protection against objectionable noise and vibration levels caused by the operation of construction equipment, and shall submit a plan to the CITY for review prior to initiation and implementation of the plan. 12.5.4 Dust Control. The DESIGNBUILDER 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 CITY for review prior to initiation and implementation of the plan. 12.5.5 Water Control. The DESIGNBUILDER shall provide for satisfactory disposal of surplus water and shall submit a plan to the CITY for 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. 12.5.6 Pollution, Siltation and Erosion Control. In accordance with current NPDES standards, the DESIGN /BUILDER shall provide for and take sufficient precautions to prevent pollution of private and public lands. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The DESIGN /BUILDER shall conform to the plan established by CONSULTANT'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. 13.0 CITY AND DESIGNBUILDER RELATIONS 13.1 CONSTRUCTION REVIEW. 13.1.1 All work done shall be subject to the construction review of the CITY. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The CITY shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the DESIGN /BUILDER and the DESIGNER as is required to make a complete and detailed review. 13.1.2 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 Contract Documents and all questions as to the acceptable fulfillment of the Contract on the part of the DESIGN /BUILDER shall be referred to the designated representative of the CITY who will resolve such questions. The CITY may appoint inspectors. The DESIGN /BUILDER will be held strictly to the true intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Work. 13.2 TECHNICAL DECISIONS. All claims or conflicts of a technical nature shall be presented to the designated representative of the CITY for resolution. In making the determination, CITY shall be provided free access to consult with DESIGNER. Any material 21 changes to the final Plans and Specifications or the Shop Drawings for the Work shall require that they be reviewed and initialed by DESIGNER. 13.3 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 DESIGNBUILDER to carry out the provisions of the Contract or to supply materials meeting the requirements of the Plans and Specifications, or the action of a governmental agency, by serving written notice of suspension to the DESIGNBUILDER. The DESIGN /BUILDER shall not suspend operations under the provisions of this Paragraph without the CITY's permission. 13.4 LIMITATION TO RESPONSIBILITY 13.4.1 Neither CITY's authority to act under this Article or elsewhere in the Contract Documents nor any decision or determination made by CITY or its representatives in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of CITY to DESIGNBUILDER, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 13.4.2 Whenever in the Contract Documents the terms "as ordered "as directed "as required "as allowed "as approved" or terms of like effect or import are used, or the adjectives "reasonable "suitable "acceptable "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of CITY as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CITY or its representative any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 13.4.3 CITY will not be responsible for DESIGNBUILDER's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CITY will not be responsible for DESIGNBUILDER's failure to perform or furnish the Work in accordance with the Contract Documents. 13.4.4 CITY will not be responsible for the acts or omissions of DESIGNBUILDER or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 13.5 FIELD TESTS AND PRELIMINARY OPERATION. The DESIGNBUILDER shall perform the work of placing in operation all material and equipment installed under this Contract, and shall make adjustments necessary for proper operation. The DESIGNBUILDER shall notify the CITY when work is considered to be complete, in operating condition, and ready for inspection and tests. The CITY will require such tests as it reasonably deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be 22 coordinated with the CITY. The cost of the initial testing, and retesting when materials and workmanship fail to meet specified requirements, will be bourn by DESIGNBUILDER. 13.6 EXAMINATION OF WORK. The CITY may request an examination of work of the DESIGN /BUILDER at any time before acceptance by the CITY of the Work, and DESIGNBUILDER shall remove or uncover such portions of the work as may be directed. After examination, the DESIGN /BUILDER 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 unless CITY had not been provided a reasonable opportunity to examine the same prior to it being covered, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the DESIGNBUILDER's expense. 13.7 DESIGN /BUILDER'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 DESIGNBUILDER, and all communications given to the superintendent shall be considered given to the DESIGNBUILDER. In general, such communications shall be confirmed in writing and always upon written request from the DESIGN /BUILDER. 13.8 CITY'S RIGHT TO CORRECT DEFICIENCIES. Upon failure of the DESIGNBUILDER 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 DESIGNBUILDER, the CITY may, without prejudice to any other remedy it may have, correct such deficiencies. The DESIGNBUILDER shall be charged all costs incurred to correct the same. 13.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK. 13.9.1 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 DESIGNBUILDER. 13.9.2 In the event of any default by the DESIGN /BUILDER, the CITY shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the DESIGN /BUILDER stating the cause for such action. 13.9.3 It shall be considered a default by the DESIGNBUILDER whenever it shall: (a) Declare bankruptcy, become insolvent or assign assets for the benefit of creditors. (b) Disregard or violate the provisions, or otherwise commit a material breach, 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 workers or subcontractors, or proper materials, or fail to make prompt payment therefore. 23 13.9.4 In the event of termination, the CITY may take possession of the Work and of all materials thereon and may finish the Work by whatever method and means it may select. 13.10 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. 13.11 SEPARATE CONTRACTS. The CITY may let other contracts in connection with the Work of the DESIGNBUILDER. The DESIGNBUILDER shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the DESIGN /BUILDER'S responsibility to inspect all work by other contractors affecting its work and to report to the CITY any irregularities that will not permit it to complete work in a satisfactory manner. Failure to notify the CITY of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive DESIGN /BUILDER's work. It shall be the responsibility of the DESIGNBUILDER to inspect the completed work in place and report to the CITY immediately any difference between completed work by others and the Plans. 13.12 SUBCONTRACTS AND PURCHASE ORDERS. Prior to signing the Contract or at the time specified by the CITY, the DESIGNBUILDER shall submit in writing for approval by CITY the names of the subcontractor and suppliers proposed for the Work. Subcontractors and suppliers may not be changed except at the request or with the approval of the CITY. The DESIGN /BUILDER is responsible to the CITY for the acts and omissions of its subcontractors and suppliers, and their direct or indirect employees, to the same extent as it is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors or suppliers and the CITY. The DESIGN /BUILDER shall bind every subcontractor and supplier by the terms of the Contract Documents. 13.13 WORK DURING AN EMERGENCY. The DESIGN /BUILDER shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, it shall notify CITY of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 13.14 ORAL AGREEMENTS. No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 13.15 NIGHT, SATURDAY AND /OR SUNDAY WORK. Night, Saturday, and Sunday work will be permitted. 24 13.16 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 DESIGN /BUILDER's risk and will be considered unauthorized, and, at the option of the CITY, may not be measured and paid for. 13.17 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 CITY. If such use, occupancy, or operation increases the cost of or delays the Work, the DESIGNBUILDER shall be entitled to extra compensation, or an extension of time, or both, as reasonably determined by CITY. However, if DESIGN /BUILDER 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. 13.18 DESIGN /BUILDER'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the CITY, it shall be under the charge and care of the DESIGN /BUILDER, 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 DESIGN /BUILDER 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. 14.0 MEASUREMENT AND PAYMENT 14.1 DETAILED BREAKDOWN OF CONTRACT. The DESIGNBUILDER shall submit a complete breakdown of the contract amount showing the schedule values assigned to each part of the Work as provided for in other sections of this agreement, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. 14.2 REQUEST FOR PAYMENT 14.2.1 The DESIGN /BUILDER may submit to the CITY not more than once each month a request for payment for work completed. The DESIGNBUILDER shall furnish the CITY all reasonable facilities and access 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. 14.2.2 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. 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, 25 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. 14.2.3 An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the CITY. For these purposes approval of final design and construction documents shall be deemed as final completion of design work and retainage for that portion of the project shall be released. Payment of any outstanding portion of the retainage shall be included in the DESIGNBUILDER's final pay request. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the CITY. 14.2.4 Any request for payment shall be accompanied by claim releases for work done and thereby releases DESIGNBUILDER from the previous application. 14.3 CITY'S ACTION ON A REQUEST FOR PAYMENT 14.3.1 CITY 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. 14.3.2 Within ten (10) calendar days from the date of receipt of a request for payment the CITY shall do one of the following: (a) Approve the request for payment as submitted. (b) Approve and pay such other amount of the request for payment as the CITY shall decide is due the DESIGNBUILDER, informing the DESIGNBUILDER in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment, informing the DESIGNBUILDER in writing of the reasons for withholding payment. 14.4 CITY'S RIGHT TO WITHHOLD 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 DESIGN /BUILDER or CITY. 26 (d) Failure of the DESIGN /BUILDER 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. 14.5 PAYMENT FOR UNCORRECTED WORK. Should the CITY direct, in writing, the DESIGN /BUILDER 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. 14.6 PAYMENT FOR REJECTED WORK AND MATERIALS. The removal of work and materials duly rejected and the re- execution of work by the DESIGNBUILDER shall be at the expense of the DESIGNBUILDER, and the DESIGNBUILDER 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, DESIGN /BUILDER shall pay for the same within thirty (30) days after written notice to pay is given by the CITY. If the DESIGN /BUILDER 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 DESIGNBUILDER 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 DESIGN /BUILDER. 14.7 CHANGE ORDERS 14.7.1 If conditions require a change in the scope of work or additional work varying from the original Contract Documents, such change shall be effected by the DESIGNBUILDER when the CITY issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, any impact on the project schedule, the change in the compensation to be paid the DESIGN /BUILDER 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 DESIGN /BUILDER. 14.7.2 Compensation to be paid to the DESIGN /BUILDER for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the DESIGN /BUILDER and accepted by the CITY. (b) By unit prices established and agreed to. (c) By other methods as may be mutually agreed upon. (d) By force account wherein the DESIGNBUILDER provides the labor and materials at DESIGN /BUILDER' s direct cost plus 15% for overhead and profit. When the force 27 account method is used, the DESIGN /BUILDER shall provide full and complete records of all costs for review by the CITY. 14.8. CLAIMS 14.8.1 Claims arising from changes, additional costs or revisions made by the DESIGNBUILDER at the CITY's request, or due to the actions of the CITY or its agents, shall be presented to the CITY before work starts on the changes or revisions. 14.8.2 If the DESIGNBUILDER deems that extra compensation is due, the DESIGNBUILDER 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 DESIGNBUILDER a method acceptable to the CITY for keeping strict account of actual cost, then the DESIGNBUILDER hereby waives its request for such extra compensation. The CITY is not obligated to pay the DESIGNBUILDER if the CITY is not notified as described above. Such notice by the DESIGNBUILDER 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. 14.8.3 The DESIGNBUILDER may refuse to perform additional work requested by the CITY, or the CITY may suspend work, until an appropriate agreement is executed by the parties. 14.9 CANCELLED ITEMS OF WORK 14.9.1 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 DESIGNBUILDER 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 DESIGNBUILDER shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Change Orders but no allowance will be made for anticipated profits. 14.9.2 Acceptable materials ordered by the DESIGN /BUILDER or delivered on the site before the date of such cancellation or suspension shall be purchased from the DESIGN /BUILDER by the CITY at actual cost and shall thereupon become the property of the CITY or, if returnable, at the option of the CITY the materials may be returned and CITY shall pay any applicable delivery or cancellation charges. 14.10 PAYMENT FOR WORK SUSPENDED BY THE CITY. If the Work or any part thereof shall be suspended by the CITY, the DESIGNBUILDER will then be entitled to submit a payment request for all work done. 28 14.11 PAYMENT FOR WORK DONE BY THE CITY. The cost of the work performed by the CITY removing construction materials, equipment, tools and supplies, cleaning up, or in correcting deficiencies in shall be paid by the DESIGNBUILDER. 14.12 PAYMENT FOLLOWING TERMINATION OF CONTRACT 14.12.1 Termination by CITY for Cause. Upon termination of the contract by the CITY for cause, including abandonment or termination by DESIGNBUILDER, the CITY may enter into an agreement with others for the completion of the Work under this Agreement. No further payments shall be due the DESIGN /BUILDER 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, DESIGN /BUILDER shall be paid up to the amount of the excess balance for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the DESIGNBUILDER or its Surety shall pay the difference to the CITY. All work done, tracings, plans, specifications, maps, computer programs and data prepared by the DESIGN /BUILDER under this Agreement shall be property of the CITY. 14.12.2 Termination by CITY Without Cause. In the event the CITY without cause abandons, terminates or suspends this Agreement, the DESIGNBUILDER shall be compensated for services rendered up to the time of such termination and any work done or documents generated by the DESIGNBUILDER shall remain the property of the CITY. 14.13 RELEASE OF CLAIMS. The DESIGN /BUILDER shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by CITY. Also, a Claimant's Sworn Statement of Account executed by each supplier or subcontractor who has notified the CITY of his right to file a Claim, or who is listed in the DESIGNBUILDER's Affidavit and Release of Claim as an unpaid potential Claimant, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the CITY will notify DESIGN /BUILDER of the outstanding claims of record and, if said completed forms are not supplied within thirty (30) days, the CITY shall make joint payments to the DESIGN /BUILDER and outstanding claimants. 14.14 FINAL COMPLETION. The Contract will be considered complete when all work has been finished, the final construction review is made by the CITY, as -built plans and documentation has been submitted, and the Project accepted in writing by the CITY. 14.15 ACCEPTANCE AND FINAL PAYMENT. 14.15.1 When it is determined, as a result of a joint inspection of the Work by the DESIGN /BUILDER and CITY, that there is Final Completion of the Work in accordance with the terms of the Contract Documents, the DESIGNBUILDER may submit the DESIGN /BUILDER's final request for payment. The DESIGN /BUILDER'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. 29 14.15.2 As a condition for Final payment, a DESIGNBUILDER's Final Affidavit must be received by the CITY along with conditional final releases of Claim for labor, materials and equipment incurred in connection with the Work. Thereafter, CITY will release the DESIGN /BUILDER 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 DESIGN /BUILDER's final request for payment. 14.16 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT. The making of the final payment by the CITY to the DESIGNBUILDER shall not relieve the DESIGNBUILDER of responsibility for faulty materials or workmanship, or from the obligation to perform warranty work. 15.0 INSURANCE 15.1 LIABILITY INSURANCE 15.1.1 DESIGNBUILDER shall purchase and maintain the liability insurance described herein to provide protection from claims arising out of or resulting from DESIGNBUILDER's performance of the Work and DESIGNBUILDER's other obligations under the Contract Documents, whether such performance is by DESIGNBUILDER, by any Subcontractor or Supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 15.1.2 The liability insurance shall include liability insurance applicable to all of DESIGNBUILDER's obligations under the Contract Documents. DESIGNBUILDER agrees to pay on behalf of CITY, and to provide and pay a legal defense for, all such claims applicable to DESIGNBUILDER's obligations under the indemnification provisions herein. DESIGNBUILDER accepts as adequate compensation for the contractual liability insurance the amount contained in the Contract Documents. 15.1.3 Liability insurance coverage shall include as a minimum each of the following types of insurance: A. General Liability policy with limits for not less than $1,000,000 for each occurrence and not less than $1,000,000 aggregate with the following coverage: (1) Comprehensive Form. (2) Premises Operations. (3) Explosion and Collapse Hazard. (4) Underground Hazard. (5) Products /Completed Operations Hazard. (6) Contractual Insurance. (7) Broad Form Property Damage Including Completed Operations. (8) Independent Contractors. (9) Personal Injury [with Employment Exclusion deleted.] B. Automobile Liability policy with limits for not less than $1,000,000 for each occurrence and not less than $1,000,000 aggregate with the following coverage: 30 (1) Comprehensive Form Including Loading and Unloading. (2) Owned. (3) Hired. (4) Non Owned. 15.2 PROFESSIONAL LIABILITY INSURANCE. The DESIGNBUILDER, or in the event the DESIGNBUILDER subcontracts the design services, then the DESIGNER shall provide and maintain a professional liabilities /errors and omissions insurance policy having minimum limits of $1,000,000 per claim with a maximum deductible of $100,000. Any professional liability shall delete any design/build exclusion that could adversely affect coverage because of the design/build format of the Contract Documents. Coverage shall be provided for full resultant damages. Such professional liability insurance certificates shall be provided to the CITY prior to commencement of design Work. 15.3 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. DESIGN /BUILDER shall obtain full Worker's Compensation Insurance coverage for no less than the statutory limits and Employer's Liability Insurance coverage in limits not less than $100,000 for each employee for all persons whom it employs or may employ in carrying out the Work under the Agreement. This insurance shall be in strict accordance with the requirements of the most current and applicable state Worker's Compensation laws. 15.4 GENERAL REQUIREMENTS 15.4.1 DESIGNBUILDER shall not commence or continue to perform any Work unless it, at its own expense, has in full force and effect all required insurance, and until all insurance Certificates and Endorsements have been filed evidencing the specific insurance coverage required, nor shall any payment for Work performed become due and payable until such Certificates and Endorsements have been filed. The DESIGNBUILDER shall not permit any Subcontractor, Supplier or other person or organization to perform Work on the Project unless the Worker's Compensation Insurance requirements have been complied with by such Subcontractor, Supplier or other person or organization. 15.4.2 Worker's Compensation and Employer's Liability Insurance shall be maintained in effect for the full Warranty Period, even as extended. Should any coverage approach expiration during the period in which it is to remain in full force and effect, it shall be renewed prior to its expiration. 15.4.3 Insurance coverage shall be placed with satisfactory carriers licensed to do business in the State of Florida and countersigned by a resident agent. Insurers shall have at least an "A" Best's Rating and a Class XI or better financial category in accordance with the most current A. M. Best Company ratings. 15.4.4 At the time indicated in the Contract Documents, as evidence of specified insurance coverage, DESIGNBUILDER shall provide certificates of insurance evidencing the specific policies issued, the limits of coverage afforded, and the specific endorsements provided, all in 31 accordance with forms prescribed by CITY. No alteration or substitution of said insurance certificate forms will be allowed, unless approved by CITY in writing. 15.4.5 If so requested in writing by CITY, DESIGNBUILDER shall deliver one (1) copy to CITY of each insurance policy purchased by DESIGNBUILDER pursuant to this Article within thirty (30) days of the request. 15.4.6 All the policies of insurance required of DESIGNBUILDER in the Contract Documents shall be endorsed to include CITY, each of its directors, officers, employees, representatives, agents or volunteers as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of insurance provided under DESIGNBUILDER's policies of insurance shall not be reduced or prorated by the existence of the other insurance. 15.4.7 All the policies of insurance so required of DESIGNBUILDER in this Article shall be endorsed to expand coverage as required in this Article. 15.4.8 Deductible /self insured retention amounts shall be subject to approval by CITY, and shall be reduced or eliminated upon written request from CITY. The insurer's cost of defense including attorney's fees (and attorney's fees on appeal) shall not be included within the policy coverage but shall remain the responsibility of insurer. 15.4.9 Nothing contained in these insurance requirements is to be construed as limiting the liability of DESIGNBUILDER or DESIGNBUILDER's insurance carriers. It is to be understood that CITY does not in any way represent that the insurance (or the limits of insurance) specified in this Article is sufficient or adequate to protect DESIGNBUILDER's interests or liabilities, but are merely minimums. 15.4.10 Umbrella Liability Insurance shall not be more restrictive than the underlying insurance policy coverages. 15.4.11 All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by DESIGNBUILDER in accordance with the Contract Documents will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. 15.5 CITY'S INSURANCE. CITY shall have the option of purchasing and maintaining its own insurance without prejudice to its rights hereunder. Further, if DESIGNBUILDER fails to obtain or renew insurance or fails to maintain insurance in a form required by the Contract Documents, or if any insurance company DESIGNBUILDER has procured insurance from declares bankruptcy, is declared bankrupt, or if the Insurer loses its "A" policyholder's rating or if its financial size category rating falls below Class XI in the most current A. M. Best's rating, CITY may procure insurance at DESIGNBUILDER's expense in the 32 coverage amounts required by the Contract Documents and shall be entitled to deduct CITY'S resultant costs from the Contract Price by issuing a Change Order. In lieu of procuring insurance at DESIGN /BUILDER's expense, CITY has the option to stop or suspend the Work or terminate DESIGNBUILDER's services as provided in the Contract Documents. CITY's actions under this paragraph shall not entitle DESIGNBUILDER to an increase in Contract Price or an extension of Contract Time. 15.6 OBJECTION TO INSURANCE 15.6.1 Neither CITY's review of the coverage afforded by or the provisions of the policies of insurance purchased and maintained by DESIGNBUILDER, nor CITY's decisions to raise or not to raise any objections about either or both, shall in any way relieve or decrease the liability of DESIGNBUILDER. If CITY elects to raise an objection to the coverage afforded by or the other provisions of the insurance furnished, DESIGNBUILDER shall promptly provide to CITY such additional information as CITY may reasonably request, and DESIGNBUILDER shall remedy any deficiencies in the policies of insurance at once. 15.6.2 CITY's authority to object to insurance shall not in any way whatsoever give rise to any duty on the part of CITY to exercise this authority for the benefit of DESIGNBUILDER or any other party. 16.0 PUBLIC CONTRACT REQUIREMENTS 16.1 COVENANT AGAINST CONTINGENT FEES. The DESIGNBUILDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGNBUILDER, 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 DESIGN /BUILDER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the CITY shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 16.2 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. 16.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING. The DESIGN /BUILDER agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the DESIGNBUILDER to any person for influencing or attempting to influence 33 (3 any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the DESIGNBUILDER 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 this Project, the undersigned shall complete and submit Standard Form "Disclosure Form to Report Lobbying" in accordance with its instructions. Further, DESIGNBUILDER agrees to not lobby the governing body of CITY as to performance and other matters related to this Agreement. 16.4 INTEREST OF DESIGNBUILDER. The DESIGN /BUILDER 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 DESIGN /BUILDER further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The DESIGNBUILDER shall not undertake any professional work which conflicts with his duties as the CITY's DESIGNBUILDER without the prior written consent of the CITY during the term of this Agreement. Any work where the DESIGNBUILDER 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. 16.5 PUBLIC ENTITY CRIMES. The DESIGNBUILDER has filed the 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. DESIGNBUILDER has a continuous obligation to inform CITY if the status of compliance under this statement changes. 16.6 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. 16.7 COMPLIANCE WITH GRANTS. DESIGNBUILDER shall perform the Work in conformance with the terms and conditions of any and all grants obtained by CITY for the funding of the Project. 16.8 BOND. The DESIGN /BUILDER shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 16.9 PERMITS FEES All CITY, state, county, FDOT, FAA, St. John's River Water Management District permits, utility permits, impact fees, and any /all other permits, and 34 or fees, necessary for the prosecution of the Work shall be drafted, applied for, paid for, and secured by the DESIGNBUILDER, except for DESIGN /BUILDER's licenses and registrations. DESIGNBUILDER shall secure a building permit if required by the CITY's Building Official. 16.10 LAWS TO BE OBSERVED 16.10.1 The DESIGN /BUILDER shall give all notices and comply with all 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 its agents and representatives 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. 16.10.2 DESIGNBUILDER 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), and shall indemnify and save harmless the CITY and its agents and representatives against any expense, claim or liability arising from, or based on, the violation of any such law or regulation, whether by himself or his employees. 16.10.3 The DESIGNBUILDER 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 Documents for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the 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, its 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. 16.10.4 All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and 35 regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 16.10.5 The failure of the DESIGNBUILDER to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 32g 17.0 MISCELLANEOUS 17.1 ADDRESSES FOR NOTICES. All notices given under or in connection with any of the Contract Documents shall be delivered in person or by e -mail, telegraph, or registered or certified mail to the parties at the address as either party may by notice designate. 17.2 WRITTEN NOTICE. Written notice shall be considered as served when delivered to the designated representative of the DESIGNBUILDER and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in the Proposal unless a notice of address change has been delivered. It shall be the duty of each party to advise the other parties to the Agreement as to any changes in his business address until completion of the Agreement. 17.3 TAXES. DESIGNBUILDER shall pay all sales or other taxes of any type that may be incurred in connection with the Work hereunder, and shall reimburse the CITY for any such taxes paid by the CITY. However, DESIGNBUILDER agrees to cooperate with any direct purchase program that CITY, in its sole discretion, decides to implement, and will provide for direct invoicing of the CITY by its suppliers with the invoiced amount and the tax savings thereupon being processed as a deduction from the Contract Price. 17.4 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 DESIGNBUILDER 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 DESIGNBUILDER's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the DESIGN /BUILDER under this Agreement. 17.5 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 DESIGNBUILDER in the United States, or in any other country. The CITY, or its assigns and agents, shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, designs, specifications, programs, other material and/or any /all intellectual property prepared under this Agreement. All tracings, plans, specifications, reports, maps, permit applications, computer programs /AutoCAD, 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 36 this Agreement, will be at the CITY's risk and DESIGNBUILDER, its officers, directors and employees will be held harmless from such use. 17.6 NON AGENCY DESIGNBUILDER shall perform all Work under this Agreement as an Independent Contractor and shall not be considered an agent of CITY, nor shall DESIGNBUILDER's DESIGNER, Subcontractors or Suppliers or employees be considered agents of CITY. DESIGNBUILDER and not the CITY shall be solely responsible to the DESIGNER, any and all Subcontractors and Suppliers, and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work. 17.7 COMPUTATION OF TIME. When any period of time is referred to in the Contract Documents by days, it shall mean calendar days, unless otherwise stated, and be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a Holiday, such day shall be omitted from the computation. 17.8 PARTIAL INVALIDITY. If any provision of this contract is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Proposal if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this contract is declared severable. 17.9 CONSEQUENTIAL DAMAGES. In no event shall DESIGNBUILDER be entitled to recover from CITY any indirect, incidental, or consequential damages in any proceeding arising out of or relating to this Agreement or breach thereof. 17.10 SURVIVABILITY. All representations, indemnities, warranties and guarantees required by the Contract Documents, including the Warranty Period shall survive Final Payment and termination or completion of this Agreement. 17.11 DISPUTE RESOLUTION. Prior to initiating litigation as to any issue related to this Agreement, a party must offer in writing, absent exigent circumstances, to mediate the disputed issues with a certified mediator. If the offer to mediate is not accepted within one week, the offer to mediate shall be deemed rejected and the parties may proceed with available legal remedies. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. 37 ATTEST: THE CITY OF SEBASTIAN Sally A. Maio, MMC, City Clerk Al Minner, City Manager (SEAL) Barbara Fleisher President STATE OF FLORIDA COUNTY OF Notary Public -State of Florida Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert A. Ginsburg, City Attorney DESIGNBUILDER AHRENS COMPANIES Richard Ahrens Executive Vice President Sworn to, subscribed, and acknowledged before me on this day of December, 2010, by BARBARA FLEISHER and RICHARD AHRENS, who ARE: personally known to me or who have produced (type of identification) as identification. 38 seal