HomeMy WebLinkAboutContract - 2011 Ahrens CompaniesCM OF
SEBASTMN
IS
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HOME OF PELICAN ISLAND)
CERTIFICATE OF PROJECT COMPLETION
Date Accepted:
Project Name & #:
Total Project Expenditures:
Project Location:
May 14 2012
Construct Hangar B C0951
$1,320,886.63
212 Airport Drive East Sebastian, FL 32958
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility except as
stipulated in the contract as is relates to bond performance, payment of subcontractors, release or
liens, maintenance and indemnity. All contractual obligations as to warranty, insurance,
indemnification and patents, shall remain in full effect for the contractually stipulated period of
time. In no way does the issuing of this certificate release the Contractor from all legal
obligations as stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept
the segment as being complete.
Adistrative erv' &L -tor
ublic VIs Director
Date
Date
Date
Date
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HOME OF PELICAN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: Nov 30.2011
Project Name & #: Construct Hangar B. C0951
Contractor Name: Ahrens Companies
Purchase Order #: PO#6434 Final Contract Price $1.136.567.97
Project Location: _Airport Drive East
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility except as
stipulated in the contract as is relates to bond performance, payment of subcontractors, release or
liens, maintenance and indemnity. All contractual obligations as to warranty, insurance,
indemnification and patents, shall remain in full effect for the contractually stipulated period of
time. In no way does the issuing of this certificate release the Contractor from all legal
obligations as stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept
the segment as being c plete.
Project Manage Date
Contractor Authorized Representative
Date
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HOME OF PELICAN ISLAND
CERTIFICATE OF PROJECT COMPLETION
Date Accepted: Nov 30 2011
Project Name & #: Construct Hangar B. C0951
Contractor Name: Ahrens Companies
Purchase Order #: PO#6434 Final Contract Price $1,136,567.97
Project Location: Airport Drive East
Pursuant to the above captioned contract and in compliance of same, we the undersigned do
hereby certify that this project is complete.
Issuance of this certificate releases the contractor from any further responsibility except as
stipulated in the contract as is relates to bond performance, payment of subcontractors, release or
liens, maintenance and indemnity. All contractual obligations as to warranty, insurance,
indemnification and patents, shall remain in full effect for the contractually stipulated period of
time. In no way does the issuing of this certificate release the Contractor from all legal
obligations as stipulated in Chapter 713 of the Florida Statutes.
Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept
/Z • /. /)
Date
IVL)U �
Date
Neel-Sch er
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City Attorney
Date
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Ad ldstTtive Services Director Date
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HOME OF PELICM ISLAND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: 16
PURCHASE ORDER # 6434 FY11
CONTRACTOR: Ahrens Enterprises, Inc.
ADDRESS: 1461 Kinetic Rd.
Lake Park, FL 33403
PROJECT NAME: Airport Hangar B
PROJECT #: C0951
PHONE #: 561-863-9004
CONTRACT NAME: Sebastian Municipal Airport
Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree io the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 16
A) Contract Price Prior to this Change Order $ 1,134,317.94
Net Increase (Decrease) Resulting from this Change Order $ 2,250.00
New Contract Price Including this Change Order $ 1,136,567.94
B) Contract Time Prior to the Change Order (Number of Days) 269 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0-
TOTAL (Number of Days) 269 days
New Completion Date Including this Change Order I October 2011
AGREED:
AC+MPANI,
Date: 7
Authorized Signature
Aaarovals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meetigg date )
IAN:
�I
Date: I
nay a��c�
Project Manager
Finance Director n%O T fimmba '"' _ 6� as to budget
City Attorney � as to legal
Administrative Services Director/4or compliance
ATTEST:
Sally A. MaiX MC, City Clerk
v
AAHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 16 PROJECT #: 10-000054 DATE: October 25, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
PAINTING OF FIRE CAULKING THROUGHOUT HANGAP AS AGREED FOR
50% OF PREVIOUS PAINTING PROPOSAL ($4,500.00). TOTAL COST
SHALL BE $2.250.00. OWNER SHALL PROVIDE THE REQUIRED LIFT.
TOTAL COST OF THIS PROPOSAL:
ADDITIONAL TIME: 0 WORKING DAY
AHRENS COMPANIES:
RICHARD C. AHRENS /
EXECUTIVE VICE PRESIDENT
DATE. OCTOBER 25, 2011
$2.250.00
DATE: 10 12'j 111
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWC (2) DAYS AND MAIL THE ORIGINAL
1-361 Kinetic Road, Lake Park, FL 33403-1911
Office (561) 863-9004 Fax (561) 863-900;
Contractor License # CBC006515
CO TOOWNER #16 Architect License # AA26000694
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HOME OF P111CM ISWVD
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: 15 PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 15
A) Contract Price Prior to this Change Order $ 1,137,862.94
Net Increase (Decrease) Resulting from this Change Order $ (3,545.00)
New Contract Price Including this Change Order $ 1,134,317.94
B) Contract Time Prior to the Change Order (Number of Days) 269 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0-
TOTAL (Number of Days) 269 days
New Completion Date Including this Change Order 1 October 2011
AGREED:
CO PANY ( 9�"v
Date:
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
ATTEST:
is to budget Sally A. Maio, MC, City Clerk
as to legal
'or compliance
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 15
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN. FL 32958
DESCRIPTION OF PROPOSED CHANGE:
PROJECT #: 10-000054 DATE: October 14, 2011
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
CREDIT FOR THE FENCING THAT WAS TO HAVE ENCLOSED THE WIND
TURBINE FANS. THIS WIND TURBINE SECTION HAS BEEN DELETED FROM
THE MAIN CONTRACT.
TOTAL CREDIT:
ADDITIONAL TIME: 0 WORKING DAY
JUSTIFICATION: AS DIRECTED BY THE CITY OF SEBASTIAN
AHRENS COMPANIES:
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
$ (3,545.00)
DATE; OCTOBER 14, 2011 DATEio
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic Road, Lake Park, FL 33403-1911
Office (561) 863-9004 Fax (561) £363-900?
CO TC OWNER #15 Contractor L icense # CBC006515
Architect License # A,-'',26000694
tm of
SEBASTIAN
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: 14 PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 14
A) Contract Price Prior to this Change Order $ 1,135,529.34
Net Increase (Decrease) Resulting from this Change Order $ 2,333.60
New Contract Price Including this Change Order $ 1,137,862.94
B) Contract Time Prior to the Change Order (Number of Days) 236 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days
TOTAL (Number of Days) 269 days
New Completion Date Including this Change Order 1 October 2011
AGREED: �1
CMNY � ��
��r% Date:
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
C Y S BAST[AN:
Date:
S
ATTEST:
Project Manager
Finance Director , l �-C, as to budget Sally A. Ma o, MMC, City Clerk
City Attorney 14 ft ' 4/( gy4-;� _as to legal
Administrative Services Director JJUd u /(�(,[�/iL,�r compliance
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 14 PROJECT #: 10-000054 DATE: September 29, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
PER FIELD MEETINGS AND DISCUSSIONS, THE AT&T WIRING MUST BE
COMPLETED AND THE COMPLETE ELECTRIC PROPOSAL OF 9/6/11 WILL
BE THE ONLY CHARGE FOR THIS WORK. 25 PAIR PE89 UNDERGROUND
COPPER BETWEEN HANGAR A AND HANGAR B. INSTALL SURGE
PROTECTION FOR ALL WIRING INSTALLED. GROUND ALL EQUIPMENT
AND MAKE READY FOR AT&T ACTIVATION.
TOTAL COST OF THIS PROPOSAL:
ADDITIONAL TIME
AHRENS COMPANIES:
0 WORKING DAY
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
DATE: SEPTEMBER 29, 2011
O ER'�ACCEPTANCE:
DATE: a
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic: koad, Lake Park, FL 33403-1911
Office (561) 863-9004 Fax (561) 863-9007
Contractor License # CBC006515
CO TO OWNER #14
Architect License # AA26000694
$2,333.60
REQUEST FOR CHANGE
DATE- 9/6/2011
RFC# 4
FROM: COMPLETE ELECTRIC, INC
COMPANY NAME AHRENS COMPANIES
ADDRESS. 1461 KINETIC ROAD
LAKE PARK, FL 33404-1911
PHONE. (561) 863-9004
FAX: (561) 863-9007
EMAIL:
PROJECT NAME: Sebastian Hangar (B)
This change must be signed and approved before any material is ordered and any associated work is completed.
SCOPE: Provide and install 25 pair pe$9 under ground copper between hangar A and B.
Install surge protection for all wire installed. Ground all equipment and make ready for At&T
" activation.
GRAND TOTAL: $2,333.60
DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days
Custumer Signature signifies authorization of quoted work and acceptance of payment liability Payment is due upon completion of work or satisfaclonly passing any required inspections.
II h,owe is not paid and ContraUors engages aitorney Io enforce collectioncustamer agrees to pay all a penses and court costs of litigation including coup costs and reasonable attorney
fees to be fed by any ,curt in which said all—y is requited to appear Customer further agrees that he may be sued in Indian Riser County, FI Court
Customer Signature
DATE
CRY OF
SEBASTKN
Z��
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN CHANGE ORDER
CHANGE ORDER #: 13
PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FYI I PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 13
A) Contract Price Prior to this Change Order $ 1,135,529.34
Net Increase (Decrease) Resulting from this Change Order $ -0-
New Contract Price Including this Change Order $ 1,135,529.34
B) Contract Time Prior to the Change Order (Number of Days) 236 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 33 days
TOTAL (Number of Days) 269 days
New Completion Date Including this Change Order 1 October 2011
AGREED:
CORIPA
Date:
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meet* g date )
Project Manager
Finance Director '
City Attorney
Administrative Set
FIAN:
Date: /�
EST:
to budget Sally A. Ma' , MMC, City Clerk
to legal
, compliance
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 13 PROJECT #: 10-000054 DATE. September 20, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
FLORIDA POWER, & LIGHT (FPL) ACTUAL CONNECTION FOR ELECTRICAL
SERVICE OCCURRED ON SEPTEMBER 7, 2011.
CERTAIN SUBCONTRACTORS WORK COULD NOT BE FINISHED UNTIL THE
POWER WAS TURNED ON AND THE FINISH FLOOR WORK COULD NOT BE
INSTALLED UNTIL THERE WAS POWER AND AIR CONDITIONING. AS DISCUSSED
PREVIOUSLY, WE REQUIRE APPROXIMATELY THREE WEEKS FROM THE DATE
OF RECEIVING POWER IN ORDER TO COMPLETE ALL CONTRACTED WORK.
IT HAS BEEN AGREED THAT THE COMPLETION DATE IS NOW OCTOBER 1, 2011.
ADDITIONAL TIME: 33 WORKING DAYS
JUSTIFICATION DELAY DAYS
AHRENS COMPANIES:
4 , A��- - a -k i.l
RICHARD C AHRENS
EXECUTIVE VICE PRESIDENT
DATE SEPTEMBER 20, 2011 DATE
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic Road, Lake Park, FL 33403-1911
))lice 15611 863-9004 Fax 6611 863-9007
Coni ractor License # CB0006515
OO TO OWNER #13 REVISED XLS
,architect License # AA26000694
CHANGE ORDER #: 12
PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FYI l PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 12
A) Contract Price Prior to this Change Order $ 1,170,239.34
Net Increase (Decrease) Resulting from this Change Order $ (34,710.00)
New Contract Price Including this Change Order $ 1,135,529.34
B) Contract Time Prior to the Change Order (Number of Days) 236 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 00 days
TOTAL (Number of Days) 236 days
New Completion Date Including this Change Order 29 August 2011
AGREED:
PAN
( I
XA—A�Date_
:
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization —cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(m eti�fg date
f
7Date —01,
'.
ger
roject Manager
Finance Director
City Attorney /) t
Administrative Services Direct r � `^+ •
nce
ATTEST:
Sally A. MMC, City Clerk
~ .
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 12 PROJECT #.- 10-000054 DATE: July 27, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
2O2AIRPORT DRIVE, EAST
SEBASTIAN, FL32858
DESCRIPTION OF PROPOSED CHANGE:
OWNER CITY OFSEBASTIAN
2U2AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
PER THE VARIOUS LETTER EXCHANGES, THE VERTICAL AXIS WIND TURBINES
WILL BEDELETED FROM THE CONTRACT. AHRENSCOMPANIES LETTER TO
THE AIRPORT DIRECTOR {}FMAY 1Q.2O11(ATTACHEO)OUTLINES THE COSTS
ASSOCIATED WITH THE WIND TURBINE.
THE AREA DFTHE ORIGINAL TURBINE PLACEMENT WILL BEMODIFIED AND
THE DRIVE ACCESS AREA WILL HAVE AROCK BASE AND SOIL FOR GRASS
AND BAH|ASOD. THIS AREA WILL BEADDRESSED UNDER SEPARATE COVER.
TOTAL CREDIT:
ADDITIONAL TIME. O WORKING DAY
JUSTIFICATION: AS DIRECTED BY THE CITY OFSEBASTIAN
AHRENSCOMPAN|ES:
RICHARD C.*HnswS
EXECUTIVE VICE PRESIDENT
1 -:/7 -7
PLEASE RETURN * SIGNED COPY evFAX WITHIN TWO (2)DAYS AND MAIL THE ORIGINAL
146 Kin(AbcRoad. LakoPud� FL 334(13-1911
()�ice(56l)86}-9OO4 Fax (S6l)O63-9007
coroOWNER #1 2.xLS Contractor License #[DCOO65l5
Architect License#AA26080694
CHANGE ORDER #: 11
PURCHASE ORDER # 6434 FY11
CONTRACTOR: Ahrens Enterprises, Inc.
ADDRESS: 1461 Kinetic Rd.
Lake Park, FL 33403
PROJECT NAME: Airport Hangar B
PROJECT #: C0951
PHONE #: 561-863-9004
CONTRACT NAME: Sebastian Municipal Airport
Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 11
A) Contract Price Prior to this Change Order $ 1,168,028.91
Net Increase (Decrease) Resulting from this Change Order
$ 2,210.43
New Contract Price Including this Change Order
$ 1,170,239.34
B) Contract Time Prior to the Change Order (Number of Days)
234 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days)
02 days
TOTAL (Number of Days)
236 days
New Completion Date Including this Change Order
29 August 2011
AGREED:
C9MPANY1
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
t (meting date )
Project Manager
Finance Director
City Attorney
Date �711tlt
M
Administrative Services Director
f� ATTEST:
budget Sally A. Maio, MMC, City Clerk
as to legal
1 1�.
or co plia ce
AHRENS
COMPANIES
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GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 11 PROJECT #: 10-000054 DATE: July 11, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
REVISIONS TO THE CURBING TYPE AND CURBING LOCATIONS AS DISCUSSED
BETWEEN THE PARTIES PER PARMENTER PROPOSAL.
ADD 90 LF TYPE "D" CURB:
$
765.00
ADD 152 LF TYPE "F" CURB:
$
736.00
PROJECT MANAGER (2 HOURS @ $82.00/HOUR):
$
164.00
PROJECT SUPERINTENDENT (2 HOURS @ $59.00,'HOUR):
$
118.00
PROJECT ADMINISTRATOR (2 HOURS @ $40.00/HOUR)
$
80.00
SUBTOTAL
$
1,863.00
1.15% INSURANCE FEE:
$
21,42
SUBTOTAL
$
1,884.42
15% OVERHEAD & PROFIT
$
282.66
SUBTOTAL
$
2,167.09
2% BOND FEE
$
43.34
TOTAL COST OF THIS PROPOSAL:
$
2,210.43
ADDITIONAL TIME: 2 WORKING DAYS
JUSTIFICATION: AS DIRECTED BY THE CITY
AHRENS COMPANIES:
w
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
DATE: JULY 11. 2011
DATE: / ~ ! 6y. /I
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
4o Linc fJ( Nua I, Lake i`zuk. FI i ;40;:3-1`)11
Contractor t .[sf " (:1)C 0E.?E i1 7
CO TO OWNER #11.XLS _16,000f 9-1
jz ;'11 07 6 7 6 7 7 C, 1
11 07:08;3 PARMENTER EXCAVATING
PARMENTEF.: EXCAVATING. -LLC
P.OBox RIM- � ALM SAY, FLORIDA 32906
TEL EPH9NE. 1421),L24 -816Q il
718-3033 FAX-0111§16—ZZ-04
-L 3? —
Greg Celentano
Ahrens Companies
1451 Kinetic Road
Lake Park, F! 33403-1911
Ju�y 71, 2041
Project: Sebastian Airport Hangar "B"
DESCRIPTION
Addoe "D_"' S 7" Curb:
all____..
Type "D" Curb
Type "F" Curb
Cc)!i;t Pnopov:fl Tot,�,M
Respectfully St ;miffed,
lil
'1)�
Arment f I- x
avating, I.E.0
CMANTITY UNIT
90) LF
152 LF
,Pz 3e I of
ERICE
$8,50
TOTAL
$765.00
$24--2"0
[ ---,I
11(rof
CHANGE ORDER #: 10
PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 10
A) Contract Price Prior to this Change Order $ 1,166.904.12
Net Increase (Decrease) Resulting from this Change Order $ 1,124.79
New Contract Price Including this Change Order $ 1,168,028.91 -
B) Contract Time Prior to the Change Order (Number of Days) 230 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 00 days
TOTAL (Number of Days) 234 days
New Completion Date Including this Change Order 27 August 2011
AGREED:
COMPANY,
Autdorizeg Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
_ City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
I(meeting cjWe )
X
," I ii
Date:
re
ect Manager
Finance Di
City Attorney
Administrative Services Director
as to budget
as to legal
for compliance
TTEST:
Sally A. M o, MMC, City Clerk
AHRENS
COMPANIES
- a.si.3.e,- C%SBddu a+RK�f�JA."9�d.,,_s.>�. :,: _ 3 dd�D CdA Y'a�,_ 2.-.�,,a -3'SY',x..�c.�<•,,v�
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 10 PROJECT #: 10-012.0054 DATE April 26, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
REPLACE THE SWING GATE IN THE DUMPSTER ENCLOSURE TO A SLIDE
GATE AND RELOCATE THE DUMPSTER ENCLOSURE BY FIVE FEET.
FENCING QUOTE: $ 500.00
CONCRETE QUOTE: $ 286.00
PROJECT MANAGER (1 HOUR @ $82.00/HOUR): $ 82.00
PROJECT ADMINISTRATOR (2 HOURS @ $40.00/HOUR) $ 80.00
SUBTOTAL
1.15% INSURANCE FEE:
SUBTOTAL
15% OVERHEAD & PROFIT
SUBTOTAL
2% BOND FEE
TOTAL COST OF THIS PROPOSAL:
ADDITIONAL TIME: 0 WORKING DAYS
JUSTIFICATION: OWNER REQUEST
AHRENS COMPANIES:
RICHARD C. AHRENS
$
948.00
$
10.90
$
958.90
$
143.84
$
1,102.74
$
22.05
ACCEPTANCE:
EXECUTIVE VICE PRESIDENT j
DATE: APRIL 26, 2011 DATE. 481i,
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic. Road, Lake Park, FL 33403-1911
Office (561 ) 863-3004 Fax (36L863-9007
CO TO OWNER 91 O.XLS
Contractor License #1 CBC006515
Architect License # AA26000694
1,124.79
A, -R-21-2011 16:41 FROM:
MGM Shall Contractors
D:Af :
Proposal To:
Ahrens Companies
14,61 Yjactir Road
Lake Park, FL 3340;3
Attn: Allen Bahl
Phone, 561-863-9004,
Trim: S61.-863-9007
Re: Sebastian Municipal Airport
Hanger B
TO: 36:390217 P. 1"i
Certified General Coutro,ecor Lic. 6.CGCO23861i
P,O, Box 31233
Palm Beach ("arders, P. 33420-12241
'I +clel)ho n e 561 691 5031 Fax 561691503' '
irgarriisron.angrua(u)gniaii.colml
Architect; Ahrens Companies Design/Build
land, 1.1-21-D8
Priicinz,
Labor and materials to add a 3' rlproa to tat front of the ntiv durnpster enclosure
286.00
'ka17k j -;7V frrr dh? 0,rpJ7,7rtumijy to Nd, we look fin-av,ard tr> work-hig, with yocr.
MC'.. hell nt ctoyes.Inc.
Frick Garrison, President Pate
Accepted by__
Ahrens Companies - Date
7.
8. The dumpster gate will be one (1) 20'x 6' galvanized chain link slide gate and will
be under a Change Order for $500 after execution of approval by the Owner.
9. Dispose of your debris into the common dumpster on a daily basis. Deposit your
workers paper, food, cans, etc. into the dumpster. A clean site is a safe site.
Failure to perform this work will result in a back charge.
10. Follow the directives of the Project Superintendent and cooperate with the other
subcontractor trades in the execution of their work.
11. Safety is paramount. Use safe work practices and safe operating tools and
equipment. Follow OSHA regulations for your trade. There will be no radios of any
kind allowed on the project site. Our insurance carrier considers them to be a
distraction and hence a safety issue.
12.Ahrens Companies is a Drug Free Workplace. This policy includes all
Subcontractors and their designated employees. This means that no person shall
be on the jobsite with any alcohol or illegal, mind altering or unauthorized controlled
substances (drugs) in their systems, on their person or in their vehicles. Violation of
this policy by any person(s) will terminate that individual(s) working onsite.
13.All of Ahrens Companies projects are to have a designated smoking area. Please
speak with the Project Manager or Project Superintendent for locations. No
smoking is permitted on the job site with the exception of the designated areas.
Strict adherence is required.
14. Firearms of any type are prohibited on or near Ahrens Companies projects. This
includes any vehicles located on the job site. Strict adherence is required.
Violation of this policy by any person(s) will terminate that individual(s) working
onsite.
INITIALS: Contractor Subcontractor
PSEBASTIAN HANGAR MENCLOSURES\ENC 92A\ -3D Fencing.doc
30
474 Autumn Terrace
Sebastian, FL 32958
Phone (772) 388-0844 Fax (772) 589-9989
Cell (772) 321-2051
.lob Information;
Ahrens Companies
Attn : Mike Fishkind
1461 Kinetic Rd.
Lake Park, FL 33403
Comments or special instructions
Date March 21, 2011
Quotation # 1508
Customer ID Ahrens
Quotation valid until: March 31, 2011
Prepared by. Dan Tumer
Sebastian Municipal Airport Hangar "B" (Revised 2/2/10)
(Change dumpster gate to slide gate)
Description AMOUNT
1 - 20'x 6' Galvanized Chain Link Slide Gate (Dumpster)
Fence built IAW provided details and specifications
To accept this quotation, sign/date below and return:
Price includes all materials & labor
Projected StartlCompletion Dates_
Daniel S. Turner, Owner, 3-D Fencing _
$ 500.00
AMOUNT DUE UPON COMPLETION 1$
Date:
TBD
Date:
3-D Fencing, LLC agrees to guarantee the above fence to be free from defects in materials and workmanship for one year. It does not
guarantee damage after installation caused by the owner, third party, or nature. 3-D Fencing, LLC will assist the customer,
upon request. In determining where the fence is to be erected, but does not assume any responsibility concerning
property lines or in any way guarantee their accuracy. 3-D Fencing wig ensure underground utilities are located and marked but assumes
no responsibility for unmarked sprinkler lines or any other unmarked buried lines or objects.
The full amount of this contract is due upon completion of all work. A finance charge of 1 12% per month, whick'i Is an annual percentage
rate of 18%, shall be applied to accounts that are not paid within 10 days after completion of work. Al materials will remain the property
of 3-D Fencing until all invoices are paid in full. The customer agrees to pay all interest and any costs incurred in the collection of this debt.
500.00
CHANGE ORDER #: 9
PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order 9: 09
A) Contract Price Prior to this Change Order $ 1,166.904.12
Net Increase (Decrease) Resulting from this Change Order $ -0-
New Contract Price Including this Change Order $ 1,166,904.12
B) Contract Time Prior to the Change Order (Number of Days) 230 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 04 days
TOTAL (Number of Days) 234 days
New Completion Date Including this. Change Order 27 August 2011
AGREED:
COMPAN)
f'
6 , Date:
Aut orized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
Project Manager
Finance Director
City Attorney
Administrative Si
T1AN:
�i
'—"
Date:
ATTEST:
/ I
o budget Sally A. M o, MMC, City Clerk
to legal
compliance
�AHRENS
AVI COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 09 PROJECT #: 10-000054 DATE: April 20, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE.-
THERE
HANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
THERE HAVE BEEN SEVERAL RAIN EVENTS THAT HAVE MODIFIED OUR
CONSTRUCTION WORK SCHEDULE.
1 MARCH 24, 2011 - AREA THAT HAD BEEN CLEARED AND GRUBBED FOR THE
BUILDING PAD WAS UNDERWATER AND THE BUILDING FILL COULD NOT BE
INSTALLED.
IMPACT = ONE (1) DAY
2 APRIL 4, 2011 - AREA WHERE THE BUILDING FILL WAS STOCKPILED ON THE
AIRPORT SITE WAS TOO WET TO OPERATE EQUIPMENT TO FILL THE TRUCKS
IMPACT = ONE (1) DAY
3 APRIL 15 - 18, 2011 - THE RAIN EVENT FLOODED THE SLAB FORM AREA AND
MATERIAL THAT HAD BEEN PUT INTO TRENCHES WERE IMPACTED BY THE
AMOUNT OF WATER COLLECTED IN THOSE AREAS, PLUMBING WORK HAD TO
BE RE -DONE ON APRIL 18, 2011.
IMPACT = TWO (2) DAYS
ADDITIONAL TIME: 4 WORKING DAY
JUSTIFICATION: RAIN DELAY DAYS
AHRENS COMPANIES:
44 0
*4j�'�
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
DATE: APRIL 20, 2011 DATE: 4 Z i lit
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic Read, Lake Park, FL 33403-1911
Office (561) 863-9004 Fax (561) 863-9007
Contractor License ## C.13C006515
CO TO ONJNER 49ALS Architect License #f AA26000694
CHANGE ORDER #: 8
PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 08
A) Contract Price Prior to this Change Order $ 1,270,694.12
Net Increase (Decrease) Resulting from this Change Order $ (103,790.00)
New Contract Price Including this Change Order $ 1,166,904.12
B) Contract Time Prior to the Change Order (Number of Days) 199 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) ays O;Anl
New Completion Date Including this Change Order 23 August 2011
AGREED:
COMPANY
LL"
Authorized Signature
C_.Vl 't CtiCI �5-7t�
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
AT7T: `
\l
to budget Sally A. M ' , MMC, City Clerk
to legal
• compliance
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 08 PROJECT #: 10-000054 DATE: April 20, 2011
PROJECT: SEBASTIAN MUNICIPAL OWNER: CITY OF SEBASTIAN
AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST
202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE.-
CREDIT
HANGE:CREDIT FOR THE COST FOR THE UNITED STRUCTURES OF AMERICA
BUILDING MATERIALS THAT WILL NOW BE PURCHASED DIRECTLY BY
THE CITY OF SEBASTIAN. THIS FIGURE INCLUDES TAX: $ (103,790.00)
TOTAL CREDIT:
ADDITIONAL TIME: 0 WORKING DAY
JUSTIFICATION: DIRECT OWNER PURCHASE TO PRELUDE SALES TAX AS
OWNER IS TAX EXEMPT.
AHRENS COMPANIES:
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
$ (103,790.00)
DATE: APRIL 20, 2011 DATE: �I
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic: Road, Lake Park, i -L .33403-1911
Office t'>61) 863-9004 Fax (5611 863-9t:Ki7
CO TO OWNER #a .xLs Contractor License 4 C:BC006515
Architect License # AA26000694
fil (wi
si
5 ic AiL
UNITED STRUCTURES of AMERICA, INC.
BIIITo:
CITY OF SEBASTIAN
1225 MAIN ST
SABASTIAN, FL 32958
MAIL ALL CHECKS TO:
DEPT CODE 003
PO BOX 3108
HOUSTON, TX 77253-3108
Pro Forma Invoice# 41009
Ship To: Date: 12/16/10
SEBASTIAN MUNICIPLE AIRPORT
202 AIRPORT DRIVE EAST
SEBASTIAN, FL 32958
Phone: 561.863.9004 Fax: 561.863-9007
Page I
Print Date: 04118111 14:39:55
W.
CHANGE ORDER #: 7
PROJECT NAME: Airport Hangar B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
See attached Ahrens Companies Change Order #: 07
A) Contract Price Prior to this Change Order $ 1,270,694.12
Net Increase (Decrease) Resulting from this Change Order $ -0-
New Contract Price Including this Change Order $ 1,270,694.12
B) Contract Time Prior to the Change Order (Number of Days) 199 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 28 days
New Completion Date Including this Change Order 23 August 2011
AGREED:
C NY
•
V_V'CV^Ce& QS _`7_1F�(
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
_ City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
Project Manager
Finance Director'
Administrative Services Director
as to budget
to legal
for compliance
ATTEST:
Sally A. Maio, MAIC, City Clerk
AHREHS
COMPANIES
,. .0 ., ..a, x. `�9 ,.-. � �. •.+� e cY.y.;� ,.,., . , a.. _.v - � . �. .r. _ s`F... �. .._ 35 _.. u, ue ,,t-:�z,.'� ' s.�., r., a .- FM3i ,,,�;;s.�»rr... .?.'Bad". ak.a .9..A kY Ksaftkt5"�3.aa:. `�i`��N 1�R+4. �� .r, ...t ,�
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 07 PROJECT #: 10-000054 DATE: April 11, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
THIS CHANGE ORDER REQUESTS AN EXTENSION OF THE CONTRACT TIME
DUE TO THE DELAY IN SECURING APPROVAL FOR THE VARIOUS PERMITS.
THE FAA AUTHORIZATION HAS NOT BEEN SECURED. WE CANNOT CONSTRUCT
VERTICALLY UNTIL THAT PERMIT IS SECURED. THE BUILDING STEEL ARRIVES
ON MAY 16TH. THE LAND CLEARING PERMIT WAS ISSUED ON MARCH 21, 2011
AND THE BUILDING PERMIT WAS ISSUED ON APRIL 6, 2011. WE HAD INITIALLY
SCHEDULED THE JOB START FOR FEBRUARY 14, 2011 AND THE ACTUAL START
WAS MARCH 23, 2011, A DELAY OF 28 WORKING DAYS (37 CALENDAR DAYS).
THIS CHANGE ORDER REQUEST A 28 WORKING DAY EXTENSION.
ADDITIONAL TIME: 28 WORKING DAY
JUSTIFICATION: DELAY DAYS
AHRENS COMPANIES:
!' ,17 ff
J I &OA
OCHXRD C. AHRENS -
EXECUTIVE VICE PRESIDENT
DATE: APRIL 11„ 2011 DATE: -1 / /i1
T
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinctic Read, Lake Park, Ft..:33403-1911
Office (761' 86:3-9004 Fax (.56 1) 863-900'
CO TO OWNER#7.XLS Contractor I.icense # CBC00651 5
Architect I-icense # AA26000694
CHANGE ORDER #: 6
PURCHASE ORDER # 6434 FY11
CONTRACTOR: Ahrens Enterprises, Inc.
ADDRESS: 1461 Kinetic Rd.
Lake Park, FL 33403
PROJECT NAME: Airport Hanger B
PROJECT #: C0951
PHONE #: 561-863-9004
CONTRACT NAME: Sebastian Municipal Airport
Hanger "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 06
A) Contract Price Prior to this Change Order $ 1,269,434.07
Net Increase (Decrease) Resulting from this Change Order $ 1,260.05
New Contract Price Including this Change Order $ 1,270,694.12
B) Contract Time Prior to the Change Order (Number of Days) 199 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0- days
New Completion Date Including this Change Order 26 July 2011
AGREED:
rMAN�-
Date: _��-� 1 \
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization —cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
ATI S
is to budget Sally A. Ma' 'MMC, City Clerk
as to legal
For compliance
Adv AHRENS
COMPANIES
.:." ,, p. �.,.....:dF'i. krs. k'-4�:✓�3tN,":.3dt�'&�4.Y _.'ts:�m,"�,nes?i_�o9U+t �.SF.*frR:e€:"- LS;ki43".. 8SCEa6%. `�%�n{F': ffi,a'.; = :._�^ .. r,.d .:-.:.. isa,�..t�.. "::a o`..=ry.
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 06 PROJECT #: 10-000054 DATE: March 9. 2011
PROJECT SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN. FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
SITE CONDITIONS REQUIRE THAT THE IRRIGATION PUMP BE RELOCATED
FROM IT'S ORIGINAL PLAN LOCATION. THIS PROPOSAL OF COMPLETE
ELECTRIC DATED MARCH 7, 2011 IS FOR THE ADDITIONAL CONDUIT AND
WIRE TO THAT NEW LOCATION: $ 900.00
PROJECT MANAGER i 1 HOUR @ $82 00!HOUR) $ 8200.
PROJECT ADMINISTRATOR (2 HOURS (§ $40.00/HOUR) $ 80.00
SUBTOTAL
$
1,062.00
1 15%o INSURANCE FEE:
$
12.21
SUBTOTAL
$
1,074.21
15",4) OVERHEAD & PROFIT
$
161.13
SUBTOTAL
$
1,235.34
2% BOND FEE
$
24.71
TOTAL COST OF THIS PROPOSAL:
$
1,260.05
ADDI l'ZONAL TIME: 0 WORKING DAY
JUSTIFICATION: SITE CONDITION
AHRENS COMPANIES: OW ER'S CEPTANCE:
RICHARD C AHRENS
EXECUTIVE VICE PRESIDENT
DATE. MARCH 9, 2011 DATE: �7
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic Road, Lake Park, FL 33403-1 ')1]
Office (561) 863-9004 Fax (.--)6 1) 863-9007
Contractor License # CBC:006515
71) 10 ovdNFR ter xtS Architect License '# :HA260006`:4
REQUEST FOR CHANGE
DATE 3/7/2011
RFC# 1
FROM: COMPLETE ELECTRIC, INC
COMPANY NAME:
AHRENS COMPANIES
ADDRESS:
1461 KINETIC ROAD
LAKE PARK, FL 33404-1911
PHONE:
(561)863-9004
FAX:
(561)863-9007
EMAIL:
PROJECT NAME: Sebastian Hangar (B)
This change must be signed and approved before any material is ordered and any associated work is completed.
SCOPE: " 1. Relocation of Irrigation Pump from original bid set.
GRAND TOTAL: $900.00
DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days
Costorner Signature sign:48es aaminzaf:on of quoted work end acceptance of payment liability. Payment is due upon completion or work or satisfactorly passing any required Inspectons.
If invoice is not paid and Cmuraclorc ongages aHomey to enforce collection, customer agrees to pay all expenses and court costs of litigation including court costs and reasonable attorney
fees to be fixed by any wurt n —oll said attorney is required to appear. Customer furtner agrees that he may be sued in Indian River County. FI Court
Customer Signature DATE
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CHANGE ORDER #: 5
PROJECT NAME: Airport Hanger B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hanger "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 05
A) Contract Price Prior to this Change Order $ 1,268,648.61
Net Increase (Decrease) Resulting from this Change Order $ 785.46
New Contract Price Including this Change Order $ 1,269,434.07
B) Contract Time Prior to the Change Order (Number of Days) 199 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0- days
New Completion Date Including this Change Order 26 July 2011
AGREED:
a
N
Date: - t -)Yc
Authorized Signature (CyC1 S S w \ V1, 1
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
CI Y OF BASTIAN:
Date:
001, 0fI
ger
ATT�ES�: 1
P ie Manager ,//
Finance Directo as to budget Sally A. Mai/'MMC, City Clerk
City Attorney l/` as to legal
Administrative Services Director for compliance
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 05 PROJECT #: 10-000054 DATE: March 9, 2011
PROJECT SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
ADD A 50 AMP FREEZER CIRCUIT BREAKER WIRE AND RECEPTACLE WITH
SINGLE POINT CONNECTION PER COMPLETE ELECTRIC PROPOSAL OF
MARCH 7, 2011:
PROJECT MANAGER (1 HOUR @ $82.00/HOUR):
PROJECT ADMINISTRATOR (2 HOURS @ $40.00/HOUR)
SUBTOTAL
1,15% INSURANCE FEE:
SUBTOTAL
15% OVERHEAD & PROFIT
SUBTOTAL
2`, BOND FEE
TOTAL COST OF THIS PROPOSAL:
ADDITIONAL TIME: 0 WORKING DAY
JUSTIFICATION: OWNER REQUEST
$
500.00
$
82.00
$
80.00
$
66200
$
7.61
$
669.61
$
100.44
$
770.05
S
15.40
$
785.46
AHRENS COMPANIES: OW ER' CCEPTANCE:
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
DATE
MARCH 9. 2011 DATE: 1-7
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
14()1 I<inetic Road, Lake Park, FL 3340-3-1911
Office (5611 863-9004 Fax (561) 863-9007
Contractor License # CBC006 15
CO TO OViNER #5 XLS Architect License n A;'Q6000694
REQUEST FOR CHANGE
DATE: 3/7/2011
RFC'# 2
FROM: COMPLETE ELECTRIC, INC
COMPANY NAME: AHRENS COMPANIES
ADDRESS: 1461 KINETIC ROAD
LAKE PARK, FL 33404-1911
PHONE: (561) 863-9004
FAX: (561)863-9007
EMAIL:
PROJECT NAME: Sebastian Hangar (B)
This change must be signed and approved before any material is ordered and any associated work is completed.
SCOPE: Addition of (50) Amp freezer circuit breaker, wire and receptacle with single point connection only.
GRAND TOTAL: $500.00
DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days
rim."i u,I.l.
Customer Signature signifies au:honzauon of quoted work and acceptance of payment liability. Payment is due upon compietlon of work or satisfactonty passing any required Inspections.
If invoice is not pati and Contra,^ors engages attorney to entorce collection, customer agrees to pay all expenses and court costs of litigation including murt costs and reasonable attorney
fees to be fxed by any ccuit I which said attorney is required tb appear. Customer further agrees that he may the, sued in Indian River County, FI Court
Customer Signature DATE
CHANGE ORDER #: 4 PROJECT NAME: Airport Hanger B
PURCHASE ORDER # 6434 FY11 PROJECT #: C0951
CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004
ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport
Lake Park, FL 33403 Hanger "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 04
A) Contract Price Prior to this Change Order $ 1,263,793.49
Net Increase (Decrease) Resulting from this Change Order $ 4,855.12
New Contract Price Including this Change Order $ 1,268,648.61
B) Contract Time Prior to the Change Order (Number of Days) 199 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 02 days
New Completion Date Including this Change Order 26 July 2011
GREED:
MP Y
Date: ?67A 1 av C: -r C C,
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(meeting date )
STIAN:
�-'—+ Date: /17/11
Vxoject Manager _
Finance Directory l
City Attorney
Administrative Services Director
as to budget
as to legal
for compliance
A ST:
Sally A. Maio, MMC, City Clerk
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 04 PROJECT #: 10-000054 DATE: March 15, 2011
PROJECT SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
WE HAVE BEEN REQUESTED TO PRICE OUT THE WORK ASSOCIATED WITH THE
AT&T SERVICE AND COMCAST SERVICE COMPLETE ELECTRIC HAS PROPOSED
IN THEIR MARCH 7 2011 CORRESPONDENCE:
1 AT&T $ 2,650.00
2 COMCAST (CONDUIT SUPPLIED BY OTHER/INSTALLED UNDER THIS ORDER): $ 1,280.00
PROJECT MANAGER (1 HOUR @ $82.00/HOUR): $ 82.00
PROJECT ADMINISTRATOR (2 HOURS @ $40.00/HOUR) $ 80.00
SUBTOTAL $ 4,092.00
1.15% INSURANCE FEE; $ 47.06
SUBTOTAL $ 4,139.06
15% OVERHEAD & PROFIT $ 620.86
SUBTOTAL $ 4,759.92
2% BOND FEE $ 95.20
TOTAL COST OF THIS PROPOSAL: $ 4,855.12
ADDITIONAL TIME: 2 WORKING DAY
JUSTIFICATION OWNER REQUEST
AHRENS COMPANIES
ER'S AECEPTANCE.
RICHARD C AHRENS t `/
`r / V1
EXECUTIVE VICE PRESIDENT
7li
DATEMARCH 15 2011 DATE:
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic Road, Lake Pari, FI. 33403-1011
Office (561) 863-9004 Fax (5611 863-900;
Contractor License 4 CBC006515
CO TO OV'VNER 44 XLS
Architect License. # ,A.A26000694
REQUEST FOR CHANGE
DATE: 3/7/2011
RFC# 3
FROM: COMPLETE ELECTRIC, INC
COMPANY NAME: AHRENS COMPANIES
ADDRESS: 1461 KINETIC ROAD
LAKE PARK, FL 33404-1911
PHONE: (561) 863-9004
FAX: (561)863-9007
EMAIL: _
PROJECT NAME: Sebastian Hangar (B)
This change must be signed and approved before any material is ordered and any associated work is completed.
SCOPE: 1. Provide and install 2" conduit for ATT&T service. $2650.00
` 2. Install 2 1/2" conduit (Conduit provided by others) for comcast service from the north side
` of the airport drive to Hangar B and from Hangar B to Hangar C. $1280.00
GRAND TOTAL: $3,930.00
DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days
Customer Signature signifies authorization of quoted work and acceptance of payment Lability. Payment m due upon completion of work or satisfactorily passing any required inspections.
;f invoice is not paid and CCgt actors engages attomey to enforce collection. customer agrees to pay ail expenses and court costs of titgation Inpuding court Costs and reasonable attorney
tees In he fixed by any or un .n which saic, altnmey Is rrvquvrvf to appear Customer further agrees flat ne. may be sued in Indian RIvP.r County, FI Court
Customer Signature
DATE
CHANGE ORDER #: 3
PURCHASE ORDER # 6434 FYI I
CONTRACTOR: Ahrens Enterprises, Inc.
ADDRESS: 1461 Kinetic Rd.
Lake Park, FL 33403
PROJECT NAME: Airport Hanger B
PROJECT #: C0951
PHONE #: 561-863-9004
CONTRACT NAME: Sebastian Municipal Airport
Hanger "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 03
A) Contract Price Prior to this Change Order $ 1,265,690.49
Net Increase (Decrease) Resulting from this Change Order $ (1,897.00)
New Contract Price Including this Change Order $ 1, 263,793.49
B) Contract Time Prior to the Change. Order (Number of Days) 199 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0- days
New Completion Date Including this Change Order 24 July 2011
A EED:
MANY
U _
Date:+r 1 1 w �(j c—, -E° c 1 C�. j 1 t� �� C�� C� 'T)
uthorized Signa ure rA C
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(mefyng date )
TIAN:
Date: 3.17. / t
Projdct Manager
Finance Director
City Attorney ` L
Administrative Services Directo
as to budget
to legal
for compliance
1`
A E
Sally A. .i0, MMC, City Clerk
AHRENS
COMPANIES
;,h' 'e.Y 4•ff u.a.':S«''R%�'f/�l6s�iM"';$�.1/s£.ai..Yr✓,A.'�,:r']l�Y.>'�'7.7.Eu fvXC�Gf/.. ri".�i�.,t, ,:.::�,.S:Aui:A::' .. u."StitT.Aih "ee'£6re�.9Xu".Ktt$'.:.s'b'.. RB,. '. .. ':btn 'n¢HJ�?�".�uM::", n;:�X;.?s r— >`.:.
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER 03 REVISED PROJECT #: 10-000054 DATE: March 16. 2011
PROJECT. SEBASTIAN MUNICIPAL OWNER: CITY OF SEBASTIAN
AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST
202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
CREDIT FOR ELIMINATING THE EXISTING ASPHALT TARMAC REMOVAL FROM
OUR SCOPE OF WORK. OWNER WILL BE RESPONSIBLE FOR MILLING THE
EXISTING ASPHALT AND REMOVING THE MATERIAL FROM THE PROJECT
SITE, COORDINATING AND PAYING FOR THIS DIRECTLY.
TOTAL CREDIT:
ADDITIONAL TIME: 0 WORKING DAY
JUSTIFICATION: DELETE FROM AHRENS COMPANIES SCOPE OF WORK
AHRENS COMPANIES:
RICHARD C AHRENS
EXECUTIVE VICE PRESIDENT
DATE. MARCH 16, 2011
$ (1,897.00)
NER YACCEPTANCE:
DATE- o /%% 1
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
1461 Kinetic Road, Lake Park, LL 33.303-1911
Office (561) 863-9004 Fax (561) 863-900'
se: XLS
Contractor License # CBC0065 15
CO TO OWNER #3 'e�
Architect License # AA26000694
From: jlylewpe@aim.com [mailto:jlylewpe@aim.com]
Sent: Thursday, March 03, 20113:14 PM
To: Greg Celentano
Subject: Re: Sebastian Hangar B - Tarmac Milling proposal
Greg,
On the demolition line item, $444.00 was for sawcutting & $1,897.00 was for asphalt removal. The total for the
milling would be
$4,957.00 minus (-) $1,897.00 which would give you a net add of $3,060.00.
Jeff Lyle
Estimator
Parmenter Excavating, LLC
Office (321) 724-8760
Fax (321) 676-7704
Cell (321) 298-6237
-----Original Message -----
From: Greg Celentano<GregCelentano@ahrenscompanies.com>
To: jlylewpe <jlylewpe@aim.com>
Sent: Thu, Mar 3, 2011 2:18 pm
Subject: Sebastian Hangar B - Tarmac Milling proposal
Jeff,
Per the contract, your scope includes taking up the existing asphalt tarmac per the plans and loading it into City
trucks. Joe would like a price to have it milled and then loaded into City trucks. He wants to use it for a parking lot
at the golf course.
Please let me know what this will cost.
Thank you,
3/9/2011
V
CHANGE ORDER #: 2
PURCHASE ORDER # 6434 FY11
CONTRACTOR: Ahrens Enterprises, Inc.
ADDRESS: 1461 Kinetic Rd.
Lake Park, FL 33403
PROJECT NAME: Airport Hanger B
PROJECT #: C0951
PHONE #: 561-863-9004
CONTRACT NAME: Sebastian Municipal Airport
Hanger "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 01
A) Contract Price Prior to this Change Order $1,261,063.18
Net Increase (Decrease) Resulting from this Change Order $ 4,627.31
New Contract Price Including this Change Order $1,265,690.49
B) Contract Time Prior to the Change Order (Number of Days)days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) I day(s)
TOTAL (Number of Days) 200 days
New Completion Date Including this Change Order /y� July 2011
AGREED:
C P NY
4/1'11/__
Date:
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(megtog date )
CI Y O A:
a ger
Project Manager
Finance Director
City Attorney
TIAN:
r
Date:
r
AT E' :
s to budget Sally A. A aio, MMC, City Clerk
as to legal
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 02 PROJECT #: 10-000054 DATE: January 24, 2011
PROJECT: SEBASTIAN MUNICIPAL OWNER: CITY OF SEBASTIAN
AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST
202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
ADDITION OF 10 INCH TIDE FLEX CHECK VALVE IN TRENCH DRAIN OVERFLOW
LINE AT DETENTION AREA (PER PARMENTER ATTACHED PROPOSAL): $
SUBTOTAL
1.15% INSURANCE FEE:
SUBTOTAL
15% OVERHEAD & PROFIT
SUBTOTAL
2% BOND FEE
TOTAL COST OF THIS PROPOSAL:
ADDITIONAL TIME: 1 WORKING DAY
JUSTIFICATION: OWNER REQUEST
AHRENS COMPANIES:
lm4v �, , Xwjj��
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
3,900.00
$
3,900.00
$
44.85
$
3,944.85
$
591.73
$
4,536.58
$
90.73
$ 4,627.31
DATE: JANUARY 24, 2011 DATE:
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
"1461 Kinetic Road, Lake Park, FL 33403-1911
C)ffice (i6 i 1 863-9004 Fax i561 863-9U0/
Contractor License # CBC006551 5
CO TO OWNER #2.XLS
Architect License: # A,12600()694
;�n 24 11 02:187
PARti1ENTER EXCAVATING
3216767704
PARMENTER EXCAVATING, LLC
P.O. Box 61885 - PALM BAY, FLORIDA 32906
TELEPHONE: (321) 724-8760 (321) 728-3033 FAX {321) 676-7704
Gregg Celentano
Ahrens Companies
1461 Kinetic Road
Lake "lark, FI 3 3403-1 91 1
January 24, 2011
Project: Sebastian Airport Hangar "B"
DESCRIPTION
Add check valve to 10" QIP line
(TideRex check valve)
Change Order #2 Total
Respectfully Submitted,
WArmenter Ex eating, LLC
Je le
r
el
cr
QUANTITY UNIT PRICE
1
Page 1 of 1
EA $3,900.00
P3
TOTAL
$3,900.00
$3,900.00
CHANGE ORDER #:
PURCHASE ORDER # 6434 FY11
CONTRACTOR: Ahrens Enterprises, Inc.
ADDRESS: 1461 Kinetic Rd.
Lake Park, FL 33403
PROJECT NAME: Airport Hanger B
PROJECT #: C0951
PHONE #: 561-863-9004
CONTRACT NAME: Sebastian Municipal Airport
Hanger "B" Project Design -Build Services Agreement
CONTRACT DATE: 16 December 2010
By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein.
Upon proper execution of this document, the Contractor is hereby notified to commence work. All
changes stated below are hereby incorporated and made a part of the Contract identified above, and all the
terms and conditions of said Contract are enjoined and in full force while executing the change(s)
stipulated as follows:
1. See attached Ahrens Companies Change Order #: 01
A) Contract Price Prior to this Change Order $1,247,102.00
Net Increase (Decrease) Resulting from this Change Order $ 13,961.18
New Contract Price Including this Change Order $1,261,063.18
B) Contract Time Prior to the Change Order (Number of Days) 195 days
Net Increase (Decrease) Resulting from the Change Order (Number of Days) 4 days
TOTAL (Number of Days) 199 days
New Completion Date Including this Change Order 2 3X1y 2011
tAR EWD:q
j
Date:
Authorized Signature
Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one):
X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order
_ City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order
(Wting date )
)JBASTIAN:
Date:
anager
Project Manager
Finance Director
City Attorney
AT ES N,
s to budget Sally A. M iIMC, City Clerk
as to legal
AHRENS
COMPANIES
GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER
CHANGE ORDER NUMBER: 01 PROJECT #: 10-000054 DATE: January 24, 2011
PROJECT: SEBASTIAN MUNICIPAL
AIRPORT HANGAR B
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DESCRIPTION OF PROPOSED CHANGE:
OWNER: CITY OF SEBASTIAN
202 AIRPORT DRIVE, EAST
SEBASTIAN, FL 32958
DRAINAGE REVISIONS REFERRED TO AS "OPTION 2" PER MBV PLANS
AS ITEMIZED IN ATTACHED PARMENTER PROPOSAL.
PARMENTER EXCAVATING QUOTE:
MBV ENGINEERING QUOTE:
ARCHITECT (3 HOURS @ $125.00/HOUR):
PROJECT MANAGER (2 HOURS @ $82.00/HOUR):
PROJECT SUPERINTENDENT (2 HOURS @ $59.00/HOUR):
PROJECT ADMINISTRATOR (2 HOURS @ $40.00/HOUR)
SUBTOTAL
1.15% INSURANCE FEE:
SUBTOTAL
15% OVERHEAD & PROFIT
SUBTOTAL
2% BOND FEE
TOTAL COST OF THIS PROPOSAL:
ADDITIONAL TIME: 4 WORKING DAYS
JUSTIFICATION: OWNER REQUEST
AHRENS COMPANIES:
RICHARD C. AHRENS
EXECUTIVE VICE PRESIDENT
$
9,029.80
$
2,000.00
$
375.00
$
164.00
$
118.00
$
80.00
$ 11,766.80
$
135.32
$
11,902.12
$
1,785.32
$
13,687.44
$
273.75
$ 13,961.18
DATE: JANUARY 24, 2011 DATE:
PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL
-1401, Kinetic Road, Lake Park. FL .33403-'1 X11 1
Office (561) £363-3004 Fax (561) 863-1)00
Contractor License # CBC00651 5
CO TO OWNER #1,XLS �, 1,f <)
;'tirchitec c;
L�F.n#;1
_e 1�c�Ct�.,6:4
.. Jan 24 11 02:18p PARMENTER EXCAVATING 3216767704 p.2
PARMENTER EXCAVATING, LLC
P.O. Box 61885 - PALM BAY, FLORIDA 32906
TELEPHONE: (321) 724-8760 (321) 728-3033 FAX (321) 676-7704
Greg Celentano
Ahrens Companies
1461 Kinetic Road
Lake Park, FI 33403-1911
January 24, 2011
Project: Sebastian Airport Hangar "B"
DESCRIPTION
Option #2:
QUANTITY UNIT PRICE
TOTAL
Add Type "C" inlets
3
EA
$1,155.00
$3,465.00
Delete 15" RCP pipe
72
LF
-$12.85
-$925.20
Add 15" HDPE pipe
140
LF
$11.50
$1,610.00
Add 18" HDPE pipe
100
LF
$15.00
$1,500.00
Add Type "D" curb
150
LF
$8.50
$1,275.00
Add 12" HDPE pipe
40
LF
$8.00
$320.00 -
Change S. side RWL to 15" HDPE
1
LS
$1,015.00
$1,015.00
Additional Survey/Lay-out/As-builts
1
LS
$770.00
$770.00
Change Order #1 Total
Respectfully Submitted,
rmenter Ex vating, LLC
J le
stim or
Page 1 of 1
[- $9,029.80
SEBASTIAN MUNICIPAL AIRPORT
202 AIRPORT DRIVE EAST — SEBASTIAN, FL 32958
PHONE 772-228-7001 — FAX 772-228-7078
trrt , if{in@cityofsebastian.org
NOTICE TO PROCEED
DESIGN/BUILD HANGER "B" PROJECT
at
SEBASTIAN MUNICIPAL AIRPORT
DATE: January 5, 2011
TO: Richard C. Ahrens, CEO
Ahrens Companies
1461 Kinetic Road
Lake Park, FL
33403-1911
You are hereby notified to commence work as soon as possible, per the
terms and conditions of the proposal submitted by you regarding the
SEBASTIAN MUNICIPAL AIRPORT HANGER "B" PROJECT
DESIGN/BUILD SERVICES AGREEMENT.
The project manager is Joe Griffin, Airport Director, Sebastian
Municipal Airport. All substantial communication pertaining to this
project should be directed to him at 772-633-0151. The construction
manager for the project is Wayne Eseltine, City Of Sebastian Building
Department Director. His contact number is: 772-388 8235.
We look forward to working with you on this project.
MY OF
HOME OF PELICAN ISLAND
SEBASTIAN MUNICIPAL AIRPORT HANGER "B" PROJECT
DESIGN -BUILD SERVICES AGREEMENT
THIS AGREEMENT made this 16th day of December, 2010, 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 DESIGN/BUILDER represents that it has such competence and
experience in providing these services; and,
WHEREAS, the CITY in reliance on such representation has selected the
DESIGN/BUILDER 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 DESIGN/BUILDER
The CITY hereby agrees that it engages the DESIGN/BUILDER and the
DESIGN/BUILDER hereby agrees to perform services for the CITY in accordance with this
Agreement for the DESIGN/BUILD 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
The Contract Documents which comprise the entire agreement between CITY and
DESIGN/BUILDER are incorporated herein and made a part hereof, and consist of the following:
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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 DESIGN/BUILDER 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.
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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 DESIGN/BUILDER 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 DESIGN/BUILDER, by joint venture, or by retention of a design professional
by the DESIGN/BUILDER.
3.4 The Plans and Specifications prepared by DESIGN/BUILDER, 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 DESIGN/BUILDER, in the manner set forth herein, One Million Two
Hundred Forty Seven Thousand One Hundred Two Dollars ($1,247,102) "Contract Price" for
performance of the Work, which shall comprise total compensation to DESIGN/BUILDER. The
indicated amount includes: Total Base Price; plus Additive Alternates 2, 5, 6, 7. The agreement of
the parties hereto is that the DESIGN/BUILDER 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.
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5.0 TIME OF COMMENCEMENT AND COMPLETION
5.1 Following execution of this Agreement and verification of compliance with all
submittals required of DESIGN/BUILDER 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
DESIGN/BUILDER'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 DESIGN/BUILDER 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 DESIGN/BUILDER hereby represents and warrants to CITY that
DESIGNBUILDER is skilled and experienced in the design and construction of projects of the
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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 DESIGN/BUILDER 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
DESIGN/BUILDER. All agreements between DESIGN/BUILDER 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 DESIGN/BUILDER under the Contract Documents.
6.2.3 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER'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
DESIGN/BUILDER cannot be held liable for any unknown or hidden hazards that could not have
been reasonably discovered by a DESIGN/BUILDER 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,
DESIGN/BUILDER shall identify any deviations from the Contract Documents and any previously
reviewed design submissions. Minutes of each meeting shall be maintained by
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DESIGN/BUILDER. 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, DESIGN/BUILDER 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,
DESIGN/BUILDER 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 DESIGN/BUILDER.
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
DESIGN/BUILDER 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,
DESIGN/BUILDER 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 DESIGN/BUILDER shall obtain from each of DESIGN/BUILDER'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, DESIGN/BUILDER shall carefully study
and compare the Proposal Documents and check and verify pertinent figures shown thereon and all
applicable field measurements. DESIGN/BUILDER shall promptly report in writing to CITY any
conflict, error or discrepancy which DESIGN/BUILDER or any of his Subcontractors or Suppliers
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), DESIGN/BUILDER 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, DESIGN/BUILDER 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. DESIGN/BUILDER 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 DESIGN/BUILDER and CITY for the remaining term of the Agreement.
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6.5 DUE DILIGENCE
6.5.1 Before ordering any material or doing any work, DESIGN/BUILDER 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 DESIGN/BUILDER and CITY shall identify the
preferred staging areas adjacent to the construction site. Upon completion of the Project, it is the
responsibility of DESIGN/BUILDER to restore the staging areas to an agreed-upon state.
7.0 DESIGN APPROVALS
7.1 The DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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, DESIGN/BUILDER or any member
of DESIGN/BUILDER or any subcontractor finds a gap, conflict, error or discrepancy in the
Contract Documents, DESIGN/BUILDER 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
M
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 DESIGN/BUILDER or any of its Subcontractors after the
discovery by the DESIGN/BUILDER of such gaps, conflicts, errors and discrepancies and without
the resolution thereof will be at the DESIGN/BUILDER'S own risk and it shall bear all costs arising
therefrom.
8.1.2 DESIGN/BUILDER shall ensure that the Contract Documents, which includes any
Drawings, Plans and Specifications prepared by DESIGNBUILDER or any member of
DESIGN/BUILDER or any Subcontractor, are in compliance with and complementary to the
Design Criteria. If during the performance of the Work, DESIGN/BUILDER 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 DESIGN/BUILDER. 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
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DESIGN/BUILDER, 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
DESIGN/BUILDER of all Shop Drawings, which shall have been checked by and stamped with the
approval of DESIGN/BUILDER and identified as CITY may require.
8.2.2 DESIGN/BUILDER 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 DESIGN/BUILDER'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 DESIGN/BUILDER 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 DESIGN/BUILDER
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
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DESIGN/BUILDER, 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 DESIGN/BUILDER'S submittal and any
resubmittal of a particular Shop Drawing or sample shall represent delays under the control of
DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER's
expense.
8.5 EQUIPMENT AND/OR MATERIAL APPROVAL DATA
8.5.1 The DESIGN/BUILDER 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.
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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 DESIGN/BUILDER
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
DESIGN/BUILDER from responsibility for errors of any sort in the items submitted. The
DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER. 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. DESIGN/BUILDER 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
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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 DESIGN/BUILDER 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. DESIGN/BUILDER
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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER. However,
ownership of any and all spoil material removed vests with DESIGN/BUILDER at the time of
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excavation. All material, equipment and work become the sole property of the CITY as installed.
These provisions shall not be construed as relieving the DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER
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 DESIGN/BUILDER'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 DESIGN/BUILDER 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.
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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 DESIGN/BUILDER'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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER'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
DESIGN/BUILDER'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.
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11.1.3 DESIGN/BUILDER 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 DESIGN/BUILDER shall be responsible to the CITY for the acts and omissions
of DESIGN/BUILDER'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 DESIGN/BUILDER 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 DESIGN/BUILDER'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. DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER and shall
not be disturbed or damaged by him during the progress of the Work; provided that, should the
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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 DESIGN/BUILDER 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 DESIGN/BUILDER 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.
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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 DESIGN/BUILDER will not be granted an extension of
time to complete the Work if the suspension was caused by a fault of the DESIGN/BUILDER.
11.8 CORRECTION OF WORK
11.8.1 DESIGN/BUILDER 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
DESIGN/BUILDER.
11.8.2 Nothing contained in this Paragraph shall be construed to establish a period of
limitation with respect to other obligations DESIGN/BUILDER might have under the Contract
Documents. Establishment of the time period above relates only to the specific obligation of
DESIGN/BUILDER 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 DESIGN/BUILDER's liability with respect to
DESIGN/BUILDER's remaining contractual obligations.
12.0 PUBLIC HEALTH AND SAFETY
12.1 PROTECTION OF PERSONS AND PROPERTY
12.1.1 The DESIGN/BUILDER shall conform to, and abide by, a project
safety/security/risk management plan that describes the DESIGN/BUILDER'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 DESIGN/BUILDER 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
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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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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.
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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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER shall maintain the sanitary facilities in a
satisfactory and sanitary condition at all times and shall enforce their use. DESIGN/BUILDER
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 DESIGN/BUILDER 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.
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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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER. 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
DESIGN/BUILDER, 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 DESIGN/BUILDER'S means, methods, techniques,
sequences or procedures of construction, or the safety precautions and programs incident thereto,
and CITY will not be responsible for DESIGN/BUILDER'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 DESIGN/BUILDER 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 DESIGN/BUILDER
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 DESIGN/BUILDER
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 DESIGN/BUILDER.
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
DESIGN/BUILDER 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 DESIGN/BUILDER'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
DESIGN/BUILDER, and all communications given to the superintendent shall be considered
given to the DESIGN/BUILDER. 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
DESIGN/BUILDER 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 DESIGN/BUILDER, the CITY may, without prejudice to any other remedy it may
have, correct such deficiencies. The DESIGN/BUILDER 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 DESIGN/BUILDER.
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 DESIGN/BUILDER 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.
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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 DESIGN/BUILDER. The DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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.
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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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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,
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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 DESIGN/BUILDER'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 DESIGN/BUILDER 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 DESIGN/BUILDER, informing the DESIGN/BUILDER in writing of the
reasons for paying the amended amount.
(c) Disapprove the request for payment, informing the DESIGN/BUILDER 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.
4.1
(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 DESIGN/BUILDER shall
be at the expense of the DESIGN/BUILDER, and the DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER
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 DESIGN/BUILDER provides the labor and
materials at DESIGN/BUILDER's direct cost plus 15% for overhead and profit. When the force
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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
DESIGN/BUILDER 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 DESIGN/BUILDER deems that extra compensation is due, the
DESIGN/BUILDER 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 DESIGN/BUILDER a method acceptable to the CITY for
keeping strict account of actual cost, then the DESIGN/BUILDER hereby waives its request for
such extra compensation. The CITY is not obligated to pay the DESIGN/BUILDER if the CITY
is not notified as described above. Such notice by the DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER will then be entitled to
submit a payment request for all work done.
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 DESIGN/BUILDER.
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 DESIGN/BUILDER, 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 DESIGN/BUILDER 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 DESIGN/BUILDER shall be compensated
for services rendered up to the time of such termination and any work done or documents
generated by the DESIGN/BUILDER 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 DESIGN/BUILDER'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 DESIGN/BUILDER 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.
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14.15.2 As a condition for Final payment, a DESIGN/BUILDER'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 DESIGN/BUILDER shall not relieve the
DESIGN/BUILDER 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 DESIGN/BUILDER shall purchase and maintain the liability insurance described
herein to provide protection from claims arising out of or resulting from DESIGN/BUILDER'S
performance of the Work and DESIGN/BUILDER'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
DESIGN/BUILDER'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.
DESIGN/BUILDER 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
ofinsurance:
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:
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(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 DESIGN/BUILDER 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 DESIGN/BUILDER 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, DESIGN/BUILDER shall provide certificates of insurance evidencing the specific
policies issued, the limits of coverage afforded, and the specific endorsements provided, all in
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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 DESIGN/BUILDER 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
DESIGN/BUILDER'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 DESIGN/BUILDER or DESIGN/BUILDER'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
DESIGN/BUILDER fails to obtain or renew insurance or fails to maintain insurance in a form
required by the Contract Documents, or if any insurance company DESIGN/BUILDER 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 DESIGN/BUILDER'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
DESIGN/BUILDER's services as provided in the Contract Documents. CITY's actions under this
paragraph shall not entitle DESIGN/BUILDER 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
DESIGN/BUILDER. If CITY elects to raise an objection to the coverage afforded by or the other
provisions of the insurance furnished, DESIGN/BUILDER shall promptly provide to CITY such
additional information as CITY may reasonably request, and DESIGN/BUILDER 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 DESIGN/BUILDER
warrants that he has not employed or retained any company or person, other than a bona fide
employee working solely for the DESIGN/BUILDER, 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 DESIGN/BUILDER to any person for influencing or attempting to influence
33
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 DESIGN/BUILDER 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,
DESIGN/BUILDER agrees to not lobby the governing body of CITY as to performance and
other matters related to this Agreement.
16.4 INTEREST OF DESIGN/BUILDER. 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 DESIGN/BUILDER shall
not undertake any professional work which conflicts with his duties as the CITY's
DESIGN/BUILDER without the prior written consent of the CITY during the term of this
Agreement. Any work where the DESIGN/BUILDER 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 DESIGN/BUILDER 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.
DESIGN/BUILDER 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. DESIGN/BUILDER 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 DESIGN/BUILDER, except for DESIGN/BUILDER's licenses and registrations.
DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER to adhere to any law or regulation
pertaining to furnishing services under this Agreement shall constitute a material breach of this
Agreement.
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 DESIGN/BUILDER 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. DESIGN/BUILDER 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, DESIGN/BUILDER 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 DESIGN/BUILDER 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 DESIGN/BUILDER'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
DESIGN/BUILDER 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 DESIGN/BUILDER, its officers, directors and
employees will be held harmless from such use.
17.6 NON -AGENCY DESIGN/BUILDER shall perform all Work under this Agreement
as an Independent Contractor and shall not be considered an agent of CITY, nor shall
DESIGN/BUILDER's DESIGNER, Subcontractors or Suppliers or employees be considered agents
of CITY. DESIGN/BUILDER 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 DESIGN/BUILDER 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:
Sally A. N�oI MMC, City Clerk
(SEAL)/
iBarbara Fleisher
President
CITX' OF SEBASTIAN
City Manager
Approved as to Form and Content for:
Reliance by the City of Sebastian Only
Robert A. Ginsburg, City Kttorney
DESIGNBUILDER---------------------------------------------
AHRENS COMPANIES
STATE OF FLORI A
COUNTY OF ,8 &OQ CA
4a C
r
� 4
Richard Ahrens
Executive Vice -President
Sworn to, subscribed, and acknowledged before me on this J day of December, 2010, by
BARBARA FLEISHER and RICHARD AHRENS, who ARE: [epersonally known to me or
] who have produced
Notary Public -State of Florida
38
(type of identification) as identification.
seal
a• MICIAME BALL VAU"
ni� MY COMMISSION # W 926807
EXPIRES: September 21, 2013
Bonded Tbru Notary Pub#c UnderwrfterS