Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2014 C&S Technical Resources, Inc.
cmcf SEBAST," "A111111111" LE 7-- �:; HOME OF PELICAN ISLAND CITY OF SEBASTIAN CONSTRUCTION SERVICES AGREEMENT FOR SEBASTIAN MUNICIPAL AIRPORT GOLF COURSE STORAGE BUILDING Project Manager: Joseph Griffin, Interim City Manager (772) 388 -8200 (Fay:) 772 -581 -0149 e -mail jgriffin( 6kyofsebastian.org '00tc■ AMERICAN - INFRASTRUCTURE DEVELOPMENT, INC. January 29, 2014 Joseph E. Ryan, LEED AP V.P. Construction Services C &S Technical Resources, Inc 605 E Robinson Street Suite 210 Orlando, Florida 32801 jryan cscos.com Subject: Sebastian Municipal Airport — Golf Course Storage Building Award Notification — Scope — Addendum 1 Dear Joe, On January 11, 2014, your firm was awarded the contract for the subject project. This notification is to advise you of the scope of the project, subject to the bid pricing as submitted on your November 15, 2013 Proposal. SCOPE The initial award will be summarized as follows: Base Bid Price, including design, permitting and construction of golf course storage building, Stormwater Pollution Prevention Plan, Site Drainage, Site Grading, Site Utilities, Foundation, and all associated fees. Utility Allowance: FPL and Comcast Service Additive Alternate 2: 325' of Water Supply Line connected to water main shown, parallel to driveway paving, including fire hydrant, design and permitting with Indian River County Water Utilities. Additive Alternate 5: Chemical Storage building design and construction, including foundation, building, fees, and associated work for a complete working facility. Additive Alternate 6: Chemical Mixing Center spill pad design and construction, including concrete and base work, drainage piping, collection /pump system and associated work for a complete working facility. Additive Alternate 8: Fuel tank pad and fuel transfer spill pad design and construction, including concrete and base work piping, oil spill valve and vault, and drainage piping. Total American Infrastructure Development, Inc. Phone 407.926.6611 37 N. Orange Ave., Suite 500, Orlando, Florida 32801 -2459 $443,745 $18,500 $13,600 $22,200 $6,900 $8,023 ;512,968 Sebastian Municipal Airport — Golf Storage Building Award Letter January 29, 2014 - Page 2 of 2 CLOSURE -� Please proceed with executing the contract in the amount shown above. Feel free to contact me at 407.926.6611 if you have any questions or require additional information regarding the project. Sincerely, American Infrastructure Development, Inc. Mark G Jansen, P.E., LEED BD +C Senior Consultant cc: Joseph Griffin, City of Sebastian Interim City Manager Debby Krueger, City of Sebastian Finance Director American Infrastructure Development, Inc. Phone 407.926.6611 37 N. Orange Ave., Suite 500, Orlando, Florida 32801 -2459 APPENDIX C: CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this day of C� �`` ,2014 by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ( "City ") and C & S Technical Resources Inc. 605 E. Robinson Street Suite 210 Orlando FL 32801, a Florida corporation authorized to do business in the State of Florida, ( "Contractor. ") WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing airfield signage, lighting and electrical services, and provide other improvements necessary to complete the Project hereunder; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with its procedure for selection of Contractor; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: Article I - The Contractual Relationship 1.0 EMPLOYMENT OF CONTRACTOR The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City in accordance with this Agreement. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations there - under, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Request for Bid Documents, Contract Proposal, Bond Forms, Plans and Technical Specifications, the Grant Agreement, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. �. Sebastian Municipal Airport Page 48 of 83 Golf Course Storage Building Addendum 1: October 21, 2013 2.1 Intent The Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently, The Specifications establish minimum standards of quality for this Project. They do not purport to cover all details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 Entire and Sole Agreement Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 Amendments The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 Construing Terms This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 Governing Law and Waiver of Trial by Jury This Agreement shall be governed by the laws of the State of Florida, and any venue for any hereunder. action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising 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. Sebastian Municipal Airport Golf Course Storage Building Page 49 of 83 Addendum 1: October 21, 2013 3.0 DEFINITION OF TERMS 3.1 General Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 Act Of God The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (Re: Bid Documents) A modification of the plans or other contract documents issued by the City and distributed to prospective Design -Build Proposers prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. 3.4 Agreement A written agreement between the Contractor and the City defining in detail the work to be performed. The words Agreement and Contract, are one and the same. 3.5 A. S. T. M. Designation Wherever the letters "A.S.T.M." are used in the Specifications, it shall be understood as referring to the American Society for Testing Materials. When reference is made to a certain Designated Number of a specification or test as set out or given by the American Society for Testing Materials, it shall be understood to mean the current, up -to -date standard specification or tentative specification for that particular process, material or test as currently published by that group. 3.6 BID or PROPOSAL The bid or proposal is the written offer of a Design -Build Proposer to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE: Design -Build Proposer shall submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. 3.8 Design -Build Proposer An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. Sebastian Municipal Airport Golf Course Storage Building Page SO of 83 Addendum 1: October 21, 2013 3.9 Change Order A written order issued to the Contractor by the City and covering changes in the plans, specifications or scope of work when the amount of work changed is not deemed sufficient to require a supplemental agreement, or adjustments in the Contract Price or Contract Time. 3.10 Contract Addendum A special written provision modifying or clarifying the terms and conditions of the Contract. The Contract Addendum shall be considered as part of the contract documents. 3.11 Contractor The word "Contractor" shall mean an individual, partnership, or corporation, and his, their or its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or his, their or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 Directed, Ordered, Approved & Etc. Wherever in the Agreement Document the words "directed" "ordered", "acceptable ", or words of similar import are used, it shall be understood that "approved" directi direction, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 Engineer A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as Engineer. The City may designate a staff member as Engineer who is not licensed. 3.14 General Conditions The directions, provisions and requirements contained within the Agreement Documents, all describing the general manner of performing the Work including detailed technical requirements relative to labor , material equipment, and methods by which the Work is to be performed and prescribing the relationship between the City and the Contractor. 3.15 Inspector A duly authorized representative of the City assigned to make official inspections of the materials furnished and of the work performed by the Contractor. 3.16 Laboratory Any licensed and qualified laboratory designated by or acceptable to the Owner (City) to erform necessary testing of materials. p 3.17 Owner City of Sebastian Sebastian Municipal Airport ® Golf Course Storage Building Page 51 of 83 Addendum 1: October 21, 2013 3.18 Performance and Payment Bonds Contractor shall submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment, each in the amount of 100% of the Contract Amount. 3.19 Plans The official, design plans will include all reproduction thereof, showing the site location, building character, dimensions and details of the work to be done for site and hanger building. The 100% deli plans will be signed and sealed by an Engineer or Architect licensed in the State of Florida. The city will approve the 100% design plans as the official construction plans for this project. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 Proposal The proposal or bid is the written offer of a Design -Build Proposer to perform the work described b the properly fine Contract Documents when made out and submitted on the prescribed proposal form signed y guaranteed. The proposal or bid shall be considered as part of the contract documents. d and 3.21 Special Conditions Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. The Design -Build proposer shall provide any special provisions as necessary to be included as part of the specifications. a 3.22 Specifications The directions, provisions, and requirements together with all written agreements made or to be m setting forth or relating to the method and manner of performing made, qualities of materials, labor and equipment to be furnished under the Agreement. he quantities Build Proposer shall prepare 100% specifications for the City to approve for construction. 3.23 Subcontractor An individual, partnership or corporation supplying labor, equipment or materials under a direct co with the contractor for work on the project site. Included is the one who supplies materials fabric formulated to a special design according to the plans and specifications for the Particular project. As articul contract mentioned, the City highly encourages the use of local subcontractors for this project. fabricated or 3.24 p � Supplemental Agreement °— A written understanding, or proposal and acceptance, executed between the Ci � and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's relating to the work covered by the Agreement and clarifying or furthering modification to the Agreement shall be made by Contract Addendum. rmg the terms thereof. A Surety, Sebastian Municipal Airport Golf Course Storage Building Page 52 of 83 Addendum 1: October 21, 2013 3.25 Surety Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK, (The) or PROJECT, (The) The public improvement contemplated in the design Plans and Specifications called the Golf Course Storage Building, and all actions necessary to construct the same. 3.27 Work Order Work orders are work instructions including specification and plans that show the location, character, dimensions and details to the work to be done. Work orders are specific instructions, of limited scope, that will be a part of this contract. Work orders shall be considered as part of the contract documents. Article II - Performance 4.0 PLANS SPECIFIC A TIONS AND RELATED DATA 4.1 Intent of Plans and Specifications The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the Plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, manner acceptable to the City. occupancy, or operation in a 4.2 Conflict In the event of any inconsistency, discrepancy or conflict between the Agreement, the Plans Specifications, and other Contract Documents, calculated dimensions will govern over scaled dimensions; Technical Specifications shall govern over the general contract provisions, plans, and cited standards ' FAA circulars; general contract provisions shall govern over plans, and cited standards or FAA circulars; and plans shall govern over cited standards or FAA circulars. culars; or 4.3 Discrepancies in Plans Any discrepancies found between the Plans and Specifications and site conditions, or any errors or omissions in the Plans or Specifications, shall be immediately reported to the Engineer and City. Engineer shall promptly determine the validity and seriousness of the claimed condition and correct such error or omission in writing, or otherwise direct Contractor. Any work done b the The his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. y Contractor after any Any correction or errors or omissions in Plans and Specifications may be made by the Engineer such correction is necessary for the proper fulfillment of their intention as construed by him. Where correction of errors or omissions, except as provided in the next two 2 g when amount of work to be done by the Contractor, compensation for said additional said the Paragraph 10.7 CHANGES IN THE WD �� paragraphs below, adds to the under some item of work for which a unit price below in the hro the additional worklmay be classed p proposal. Sebastian Municipal Airport Golf Course Storage Building Page 53 of Addendum 1: October 21, 201 o 3 The fact that specific mention of any part of work is omitted in the Specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consid eration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by both the Plans and Specifications. All work indicated on the Plans and not mentioned in the Specifications or vice versa, and all work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated on the Plans or mentioned in the Specifications, shall be furnished and executed the same as if they were called for by both the Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 Drawings and Specifications at Job Site One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and g during the construction process, and shall be available to the Engineer City at all times C A final copy thereof, along with "as- built" record drawings, operations and maintenance manuals, and data sheets shall be delivered to the Engineer upon the completion of the Work, py m, 4.5 Dimensions Dimensions shown on the Plans will be used. Where the work of the Contractor is affected by fmi dimensions, these shall be verified by the Contractor at site, and he shall assume the res on shed their use. p bili tY for 4.6 Sampling and Testing Except as otherwise provided, sampling and testing of all materials, and the laboratory testing equipment, required under the Specifications shall be in accordance with the latest standards od r tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except w indicated otherwise. The Contractor shall furnish any required samples without charge. The Contra ctor shall be given sufficient notification of the placing of orders for materials to permit testing. p here As an exception to the above, when the Contractor represents a material or an item of work as Specifications and under recognized test procedures it fails, any re- testing shall be at the Con tractor's expense, billed at the Testing Laboratory's standard rate for individual tests. meeting It is expected that all inspections and testing of materials and equipment will be done locally. Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. mthe 4.7 Shop Drawings The Contractor shall provide shop ec drawings, setting schedules and other drawings as ma y be for the prosecution of the Work in the shop and in the field as required by the Plans and Specifications or ' Engineer's instructions. Deviations from the Plans and Specifications shall be called to th e at ention of the necessary City at the time of s. Th the first submission of shop drawings and other drawin g e City's approval of any Sebastian Municipal Airport Golf Course Storage Building Page 54 of 83 Addendum 1: October 21, 2013 shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: 1. Three (3) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). 2. The City shall, within fourteen (14) days of the submittal of any shop drawings, return two (2) copies to the Contractor marked with any corrections and changes required and noting if the drawings are acceptable as noted, or if resubmittal is required. 3. The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit three (3) copies to the City. 4. Two (2) copies of Approved Shop Drawings shall be returned to the Contractor by the City. 4.8 Quality of Equipment and Materials In order to establish standards of quality, the Specifications may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. The Contractor shall furnish to the City a complete list of his proposed desired substitutions prior to the signing of the Contract, together with such engineering and catalog data as the City may require. Further substitutions may be submitted during the course of work in accordance with Paragraph 4.10 SUBSTITUTION OF EQUIPMENT AND /OR MATERIAL below. The Contractor shall abide by the City's judgment when proposed substitution of materials or items or equipment are judged to be unacceptable and shall furnish the specified material or item of equipment in such case. All proposals for substitutions shall be submitted to the City in writing by the Contractor and not by individual trades or material suppliers. The City will advise of approval or disapproval of proposed substitutions in writing within a reasonable time. No substitute materials shall be used unless approved by City in writing. 4.9 Equipment Approval Data The Contractor shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating; capacity, material gauge or thickness, brand name, catalog number and general type. This submission shall be compiled by the Contractor and submitted to the City for review and written approval before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written approval is received by the Contractor, submission shall become a part of the Contract and may not be deviated from except upon written approval of the City. Catalog data for equipment approved by the City does not in any case supersede the Contract Documents. The acceptance by the City shall not relieve the Contractor from responsibility for deviations from Plans or Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Sebastian Municipal Airport Golf Course Storage Building Page 55 of 83 Addendum 1: October 21, 2013 Contractor shall check the work described by the catalog data with the and errors. Contract Documents for deviations It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved,. it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Plans and Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 Substitution of Equipment and /or Material After the execution of the Contract Agreement, the substitution of equipment and /or material for that specified will be considered if + The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; + Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive than that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and + The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and /or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one designated in the Specifications by specific manufacturer's name and type, in which case one -third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the City. R and/or material which the Contractor cannot prove to the satisfacti neof the City sole discretion equipment and of be approved. judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not Sebastian Municipal Airport Golf Course Storage Building Page 56 of 83 Addendum 1; October 21, 2013 5.0 MATERIALS AND WORKMANSHIP 5.1 Materials Furnished By the Contractor All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the City. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. _ Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and the specified item becomes obsolete and is no longer available, the Contractor shall provide a substitute item of equal quality and performance which is acceptable to the Engineer and Cid is currently available, at no increase in Contract price. ty an 5.2 Storage of Materials Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment a shall be located so as to facilitate prompt inspection. Private property zoned for, or adjacent to land zoned for, residential uses shall not be utilized for storage purposes. ® 5.3 Rejected Work and Material Any materials, equipment or work which does not satisfactorily meet the Specifications may be condemned by the Engineer or City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. All materials and equipment which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the Engineer and City, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re- executed by the Contractor. The fact that the Engineer or the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. Satisfaction of warranty work after final payment shall be in accordance with Paragraph 10.15. 5.4 Manufacturer's Direction Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 5.5 Skill and Character of Workmen All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontractors who, the Engineer or the City does not perform his work in a skillful manner, or appears to be incom Lion of p ent or Sebastian Municipal Airport Golf Course Storage Building Page 57 of 83 Addendum 1: October 21, 2013 to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 5.6 Cutting and Patching The Contractor shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. He shall restore all such cut or patched work as directed by the Engineer or the City. Cutting of existing structures that could endanger the Work, adjacent property, workmen or the public shall not be done unless approved by the Engineer and under his surveillance. 5.7 Cleaning Up The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty -four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 5.8 City's Ownership of Materials Any and all materials, whether structural or natural, found within the limits of the project remain the property of the City unless City ownership is specifically conveyed to the Contractor. All material, equipment and work become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as to require the fulfillment of all the terms of the Contract. a waiver of right of the City 5.9 Guarantee The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Sebastian Municipal Airport Golf Course Storage Building Page 58 of 83 Addendum 1; October 21, 2013 Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of breach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTR UCTION STARING TO BE PERFORMED BY CONTRACTOR. 6.1 Personnel, Equipment and Record Requirements Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field ® notes or layout work by the City and the acceptance of all or an Contractor of his responsibility to achieve the lines, grades and dimensions shownain the the and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 Control Points Furnished by the City The City has provided in this RFP package a set of preliminary 1 information from previous projects. The Contractor will need to verifytand the obtain n the needed survey control points and benchmarks for this project. 6.3 Furnishing of Stake Materials The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 Layout of Work Utilizing the survey data furnished by the City in accordance with Paragraph 6.2 the Contractor obtain topographic surveying to establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all roadway, bridge and miscellaneous items. All survey notes indicating the information and measurements used in establishing locations and grades shall be kept in notebooks and furnished to the Engineer with the record drawings for the Project. 6.5 Specific Staking Requirements Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Preliminary Plans and for the final 100% Design Plans to be approved by the City. For construction stakes and other control, references shall be set at sufficiently frequent intervals to as that all components of a structure are constructed in accordance with the lines and grades shown in the Plans. Sebastian Municipal Airport Golf Course Storage Building Page 59 of 83 Addendum 1: October 21, 2013 6.6 Payment The cost of performing layout work as described above shall be included in the contract prices for the various items of work to which it is incidental. 6.7 Coordination with City The City's recorded subdivision plats shall be considered correct. The distance, bearing and curve ® information provided shall be used by the Contractor's surveyor to establish alignment throughout construction. All surveying activities will be coordinated with the City's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the City, that are disturbed or destroyed during construction shall be accurately replaced by the Contractor's surveyor to the satisfaction of the City's surveyor. 6.8 Location of Existing Utilities and Piping All existing underground utilities, such as telephone, cable television and electrical cables must be located by the Contractor prior to starting.work. The Contractor shall contact the Utilities at least 48 hours prior to commencing any work within the project area. There may be other utilities within the project area. The cost of substantiating the location of utilities shall be borne by the Contractor and included in the bid ® price. The Contractor shall be responsible for the repair and /or replacement of utilities which he damages during the course of construction. Utilities deemed to require relocation shall be identified by the Contractor prior to commencing work, The Contractor shall notice the City of the conflict and seek direction from the City prior to proceeding with work. Directions from the City may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the City. City reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another governmental agency, at any time during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been coordinated with the Ci authorized work is indicated on the plans, ty, such Except as indicated on the plans or contract documents, the Contractor shall not permit any individual, firm or corporation to excavate or otherwise disturb the utility service or facilities located within the limits of the work without written permission of the Engineer. Should the owner of a utility or facility be authorized to perform construction, reconstruction, or maintenance as per this section, during the progress of the work, the Contractor shall cooperate with such owners in arranging and performing the work in this contract so as to facilitate such construction, reconstruction, or maintenance by others whether or not such work by others is indicated on the drawings. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the work which are due to such authorized work by others, unless otherwise provided for in the contract, plans or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for dama such authorized work by others or for any delay to the work resulting from the same. ges due to Sebastian Municipal Airport Golf Course Storage Building Page 60 of 83 Addendum 1: October 21, 2013 7.0 PROGRESS AND COMPLETION OF WORK 7.1 Contractor's Obligation Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery , water, and other facilities and services necessary for the proper execution and completion of they Workp whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 Start of Construction The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. No work shall begin without all required permits obtained and submitted to the City and Engineer for approval. 7.3 Contract Time The contractor shall complete, in an acceptable manner, all of the Work in the time specified in the proposal, subject to any Addenda or Change Orders hereto. The Contract time is 195 calendar da s. 7.4 Schedule of Completion The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably reflect withheld, and shall a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules .shall be submitted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty -fifth (25th) day of eve gmonth with the Contractor's pay request. ry Sebastian Municipal Airport Golf Course Storage Building Page 61 of 83 Addendum 1: October 21, 2013 7.5 Coordination of Construction; Preconstruction Conference The Contractor shall coordinate his work with other contractors, the City and utilities to assure orderly and expeditious progress of work. The City shall hold a pre - construction conference at Sebastian City Hall at a time and date mutually agreed upon with the Contractor after the Contract has been awarded and fully executed. 7.6 Property of Others A. Public Ownership The Contractor shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and /or right -of -way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the Engineer in writing. The City shall remove and relocate all traffic control signs as required. B. Private Ownership Mail and newspaper boxes, sprinkler systems, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and relocated by the property owners. The City will not remove, relocate, or re- install mail boxes, sprinkler systems, ornamental shrubs, etc. belonging to a private property owner. However, should such items not be removed or relocated by the start of construction, the Contractor shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the City, which interfere with the construction of the Project and place them on the property owner's front lawn just outside the project limits. Otherwise, the Contractor shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where extensive intrusions upon private property are required for construction, the City and Contractor shall cooperate to obtain Temporary Construction Easements from the landowner. 7.7 Protection of Existing Utilities and Facilities All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the Contractor and shall not be disturbed or damaged by him during the progress of the Work; provided that, should the Contractor. disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the Contractor. 7.8 Crossing Public Facilities When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, city, or other public agency or private entity, the City through the Engineer shall secure written permission prior to the commencement of construction of such crossing. The Contractor will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by City. Road closures are governed by Paragraph 8.3 below. Sebastian Municipal Airport Golf Course Storage Building Page 62 of 83 Addendum 1: October 21, 2013 7.9 Changes in the Work The City may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work or substitution of materials shall require the written approval of the City. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. New and unforeseen items of work found to be necessary and which cannot be covered by any item or combination of items for which there is a contract price shall be classed as changes in the Work. The Contractor shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. In the absence of such written order, no claim for changes in the Work shall be considered. Changes in the Work shall be performed in accordance with the Specifications where applicable and work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the Contractor as required. 7.10 Extension of Contract Time No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. In the event that the City suspends the Work as provided in Paragraph 9.3, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 Correction of Work Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obli ations. g Sebastian Municipal Airport Golf Course Storage Building Page 63 of 83 Addendum 1: October 21, 2013 7.12 Liquidated Damages In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount stated in the advertisement per day beyond the agreed milestones completion dates. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. There will be $200 /day liquidated damages for days exceeding 195 calendar days It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HP A r 7'L 'AND SAFETY 8.1 Protection of Persons and Property The Contractor shall submit, for the City's approval, a project safety and security plan which describes the Contractor's plans and procedures to protect the safety and property of property owners, residents, and passers -by. The plan shall describe measures and precautions to be taken during working hours and non- working hours. A. Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, Pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to firefighting equipment at all times. as Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales ' gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except approved by the City. Sebastian Municipal Airport Golf Course Storage Building Page 64 of 83 Addendum 1: October 21, 2013 The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project which may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan which will adequately protect all property and the general public. 8.2 Traffic Control All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right -of -way shall be in strict accordance with SECTION 102, MAINTENANCE OF TRAFFIC, in the Florida Dept. of Transportation (FDOT) Std. The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition shall be used as minimum standards, as applicable. �. Further, the Contractor shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. �— As to air traffic, it is the explicit intention of the contract that the safety of aircraft, as well as the Contractor's personnel, is the most important consideration. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations area of the airport with respect to its own operations and the operations of all its subcontractors as specified in Paragraph 8.15 below. It is further agreed and understood that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from and upon the airport. With respect to its own operations and the operations of all its subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying storage areas, as well as any other work area that may be hazardous o the operation of aircraft, fire- rlescue equipment or maintenance vehicles at the airport. 8.3 Road Closure and Detours Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty -eight (48) hours notification to the City. Traffic detours shall be pre- approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 Provision of Access Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary to insure the use of sidewalks. The Contractor shall provid suitable provisions shall be made crossings at street bintersectio saand driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. ry Sebastian Municipal Airport Golf Course Storage Building Page 65 of 83 Addendum 1: October 21, 2013 On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 Warning Signs and Barricades A. Within Public Rights -Of- -Way. The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all safe ty of the public. All such other necessary precautions for the protection of the Work and the safe barricades and obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Documents, no direct payment for this work will be made, but the cost of providing, erecting Bid maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations, latest edition. The Contractor shall provide and maintain adequate barricades, construction signs, torches, flashers, guards and flagmen as required in pedestrian and vehicular traffic areas. Regulations of local authorities ® shall be compiled with. Advance warning signs are required on all streets where work is being conducted. Lane closures shall be signed and barricaded or coned as indicated in aforementioned FDOT Index. Flagmen may be required where traffic and length of lane closure warrant them. Where such a plan is needed, Contractor shall submit and obtain approval of their traffic control plan by the City. B. Within Airport Property. When the work requires closing an air operations area of the airport or a portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC 15015340 -1, marking of Paved Areas on Airports. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stockpiles, and its parked construction equipment that may be hazardous to the operation of emergency fire- rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370 -2D, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370 -2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work which requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their dismantling is directed by the Engineer. Open -flame type lights shall not be permitted within the air operations areas of the airport. 8.6 Open Trenches The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open en trenches during construction. The Contractor shall be place construction hazard fenc' g along any open trenches during the construction work -day, and shall leave no open trenches or excavations ove - P unless properly fenced and with the specific approval of the Engineer or the City. r night Sebastian Municipal Airport Golf Course Storage Building Page 66 of 83 Addendum 1: October 21, 2013 8.7 Placement of Heavy Equipment The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 Temporary Facilities and Controls The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 Sanitary Provision The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. The City shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 8.10 Water and Electric Supply The Contractor shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The Contractor shall provide and pay for any temporary piping and connections. 8.11 Noise Control The Contractor shall provide adequate protection against objectionable noise levels caused by the operation of construction equipment, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. 8.12 Dust Control The Contractor shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. Sebastian Municipal Airport Golf Course Storage Building Page 67 of 83 Addendum 1: October 21, 2013 8.13 Water Control The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for his review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 8.14 Pollution, Siltation and Erosion Control The Contractor shall provide for and take sufficient precautions to prevent pollution of private and public lands, reservoirs, ponds, rivers, streams, creeks, etc., by the disposal of surplus materials in the forms of solids, liquids or gases including, but not limited to, fuels, oils bitumen, calcium chloride or other harmful materials. Contractor shall conduct and schedule Work operations so as to avoid or otherwise minimize pollution or siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish where there is a high potential for erosion and subsequent water pollution. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The Contractor shall prepare a detailed description of Contractor's plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. The erosion and turbidity control shall meet the requirements of the St. John's River Water Management District for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. 8.15 Limitation of Operations The Contractor shall control its operations and the operations of its subcontractors and suppliers so as to provide for the free and unobstructed movement of aircraft in the AIR OPERATIONS AREAS of the airport. When the work requires the Contractor to conduct its operations within the Air Operations Area of the airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to commencement of such work. The Contractor shall not close an Air Operations Area until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place. When the contract work requires the Contractor to work within an Air Operations Area of the airport pecified; on an intermittent basis, the Contractor shall maintain constant communications as hereinafter s immediately obey all instructions to vacate the Air Operations Area, and immediately obey all instructions to resume work in the Air Operations Area. Failure to maintain the specified communications or to obey instructions shall be cause for suspensions of the Contractor's operations in the Air Operations Area until the satisfactory conditions are provided. The Air Operations Area that cannot be closed to operating aircraft on a continuous basis, and will therefore only be closed on an intermittent basis, are indicated on the drawings or will be designated by the Engineer. Article III - Supervision and Administration 9.0 ENGINEER CITY CONTRACTOR RELATIONS 9.1 Engineer's Responsibility and Authority All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the quality and .acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical questions as to the Sebastian Municipal Airport Golf Course Storage Building Page 68 of 83 Addendum 1: October 21, 2013 acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 Engineer's Decision All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 9.3 Suspension of Work The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 Construction Review of Work All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 Field Tests and Preliminary Operation The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. The Contractor shall provide construction labor required for preliminary operation of the equipment installed under this Contract. The Contractor shall notify the City when work is considered to be complete, in operating condition, and ready for inspection and tests. Further inspection requirements may be designated in the Technical Specifications. The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 Examination of Completed Work The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be a— Sebastian Municipal Airport Golf Course Storage Building Page 69 of 83 Addendum 1: October 21, 2013 directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 Contractor's Superintendent A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act ® on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 City's Right to Correct Deficiencies Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 City's Right to Terminate Contract and Complete Work In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty e for days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work take whatever method and means it may select. by It shall be considered a default by the Contractor whenever he shall: 1. Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. 2. Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. 3. Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment therefore. 9.10 Rights of Various Interests Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 Separate Contracts The City may let other contracts in connection with the Work of the Contractor. The Contractor shall ® cooperate with other Contractors with regard to storage of materials and execution of their work. It shall Sebastian Municipal Airport Golf Course Storage Building Page 70 of 83 Addendum 1: October 21, 2013 be the Contractor's responsibility to inspect all work by other contractors affecting his work and to report to the City any irregularities which will not permit him to complete his work in a satisfactory manner. His failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive his work. It shall be the responsibility of the Contractor to inspect the �., completed work in place and report to the Engineer immediately any difference between completed work by others and the Plans. 9.12 Subcontracts and Purchase Orders Prior to signing the Contract or at the time specified by the City, the Contractor shall submit in writing to the City the names of the subcontractor proposed for the Work. Subcontractor may not be changed except at the request or with the approval of the City. The Contractor is responsible to the City for the acts and omissions of his subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of his employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and facilitate the letting of contracts and subcontracts, the Specifications are -_ separated into title sections. Such separations shall not, however, operate to make the Engineer or City an arbiter to establish limits to the contracts between the Contractor and subcontractors. 9.13 Work During an Emergency The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Engineer and City of the emergency as soon as practicable, but he shall not wait for instructions before proceeding to properly protect both life and property. 9.14 Oral Agreements No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 9.15 Night, Saturday and /or Sunday Work No night or Sunday work will be permitted, except in case of emergency, or with prior approval from City, and then only to such extent as is absolutely necessary to protect life or property. Saturday work will be permitted. This clause shall not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. Sebastian Municipal Airport Golf Course Storage Building Page 71 of 83 Addendum 1: October 21, 2013 9.16 Unauthorized Work Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 Use Of Completed Portions Of The Work The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 Contractor's Responsibility For Work Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non - execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 W.A,4UREMENTA7' DPAYMENT 10.1 Detailed Breakdown Of Contract Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 Request For Payment The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the — substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard forms provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's .� invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not Sebastian Municipal Airport Golf Course Storage Building Page 72 of 83 Addendum 1: October 21, 2013 incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection ". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 10.3 City's Action On A Request For Payment Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 City's Right To Withhold Payment Of A Request For Payment The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (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 . Sebastian Municipal Airport Golf Course Storage Building Page 73 of 83 Addendum 1: October 21, 2013 (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other items entitling the City to a set -off against the amount recommended. Default of any of the provisions of the Contract Documents 10.5 Payment For Uncorrected Work Should the City direct, in writing, the Contractor not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the City for the uncorrected work. 10.6 Payment For Rejected Work And Materials The removal of work and materials rejected under Paragraph 5.3 and the re- execution of work by the Contractor shall be at the expense of the Contractor and the Contractor shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re- execution of that work. In the event that City incurs expenses related thereto, Contractor shall pay for the same within thirty (30) days after written notice to pay is given by the City. If the Contractor does not pay the expenses of such removal, after ten (10) days written notice being given by the City of its intent to sell the materials, the City may sell the materials and shall pay to the Contractor the net proceeds therefrom after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set -off against any payments due Contractor. 10.7 Changes In The Work Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. Sebastian Municipal Airport Golf Course Storage Building Page 74 of 83 Addendum 1: October 21, 2013 (d) By other methods as may be mutually agreed upon. (e) By force account wherein the Contractor provides the labor and materials at Contractor's direct cost plus 15% for overhead and profit. When the force account method is used, the Contractor shall provide full and complete records of all costs for review by the City. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is:not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. Differing Site Conditions Contractor shall promptly, and before such conditions are disturbed, notify City in writing of (a) Subsurface or latent physical conditions at the site differing materially from those indicated in this Agreement and its subparts; or (b) Unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in the work of the character provided for in this Agreement. If City finds that conditions materially differ and will cause an increase or decrease in the Contractor's cost or the time required to perform any part of the work under this Agreement, whether or not changed as a result of such conditions, the City shall approve an equitable adjustment and will according modify the Agreement in writing. Any claim for an equitable adjustment of the contract price based upon differing site conditions is specifically conditioned upon prior written approval of the additional compensation by City. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required herein. Further, no claim by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this Agreement. 10.8 Canceled Items Of Work The City shall have the right to cancel those portions of the contract relating.to the construction of any item provided therein. Such cancellation, when ordered by the City in writing, shall entitle the Contractor to the payment of a fair and equitable amount covering all costs incurred by him pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work ", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or Sebastian Municipal Airport Golf Course Storage Building Page 75 of 83 Addendum 1: October 21, 2013 suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 Payment For Work Suspended By The City If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 Payment For Work By The City The cost of the work performed by the City removing construction materials, equipment, tools and supplies in accordance with Paragraph 5.7 and in correcting deficiencies in accordance with Paragraph 9.8 shall be paid by the Contractor. 10.11 Payment For Work By City Following Termination Of Contract A. Termination by City for Cause Upon termination of the contract by the City for cause, including abandonment or termination by Contractor, the City may enter into an agreement with others for the completion of the Work under this Agreement and the Contractor shall be held harmless for the work of others. No further payments shall be due the Contractor until the Work is completed and accepted by the City. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, Contractor shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings,: plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by Cfty Without Cause In the event the City without cause abandons, terminates or suspends this Agreement,.the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done or documents generated by the Contractor shall remain the property of the City. 10.12 Termination of Contractor's Responsibility -. The Contract will be considered complete when all work has been finished, the final construction review is made by the Engineer, and the project accepted in writing by the City. 10.13 Release of Claims (Interim /Final) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. Sebastian Municipal Airport Golf Course Storage Building Page 76 of 83 Addendum 1: October 21, 2013 If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 Acceptance and Final Payment When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 Satisfaction of Warranty Work after Final Payment The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REOUIREMENTS 11.1 Covenant against Contingent Fees The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 11.2 Interest of Members Of City And Others No officers, members or employees of the City and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his .� personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Sebastian Municipal Airport Golf Course Storage Building Page 77 of 83 Addendum 1: October 21, 2013 11.3 Certification of Restrictions On Lobbying The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. Further, Contractor shall fully comply with the Federal Lobbying Disclosure Act of 1995. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any Agreement, the undersigned shall complete and submit the attached Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. Any and all subcontracts �^ executed by Contractor for the Work hereunder shall likewise certify and disclose accordingly 11.4 Interest of Contractor The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 11.5 Public Entity Crimes The Contractor shall file the attached sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. 11.6 Drug -Free Workplace The Agreement documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 Compliance With Laws Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11.988, 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 Co 88 -Act 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. Sebastian Municipal Airport Golf Course Storage Building Page 78 of 83 Addendum 1; October 21, 2013 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101 -336). 11.8 Insurance The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $5,000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations under Paragraph 9.18 for the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is the full responsibility of the contractor to insure that all sub- contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City and the Engineer as additional insured parties, prior to the start of construction as provided in the Contract. 11.9 Bond The Contractor shall provide bonds issued by companies holding certificates of authority as acceptable sureties in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of f 00% of the total contract amount. 11.10 Permits All City and St. John's River Water Management District (SJRWMD) permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations. Contractor shall secure a building permit if required by the City's Building Official. Sebastian Municipal Airport Golf Course Storage Building Page 79 of 83 Addendum 1: October 21, 2013 11.11 Laws to Be Observed The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by himself or his employees. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The Contractor shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the Engineer and City in writing. He shall at all times himself observe and comply with and cause all his agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the City and Engineer, their officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by himself or his employees. All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 11.12 Debarment and Suspension In accordance with Executive Order 12549, Debarment and Suspension (40 CPR 32), the Contractor sha agree and certify that neither it, nor its principals, is presently debarred, suspended 11 debarment, declared ineligible, or voluntarily .excluded from participation in the transact on by any Federal department or agency; and that the Contractor shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction without prior written approval of the City. Upon execution of this Agreement by the Contractor, the Contractor shall complete sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions" attached hereto, and shall include the language of this Paragraph and the attached form in all subcontracts executed to support the Contractor's work under this Agreement. 12.0 MISCELLANEOUS 12.1 Addresses for Notices All notices given under or in connection with any of the Contract Documents shall be delivered in person or by telegraph or registered or certified mail to the parties at the address as either a p designate. party may by notice Sebastian Municipal Airport Golf Course Storage Building Page 80 of 83 Addendum 1: October 21, 2013 Written Notice Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 Taxes Contractor shall pay all sales or other taxes of any type which may be incurred in connection with the Work hereunder, and shall reimburse the City for any such taxes paid by the City. 12.4 Time Is Of Vital Importance It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 No Waiver of Legal Rights Neither the payment for, nor acceptance of the whole or any part of the representatives of the City, nor any extension of time, nor the withholding ofopaymentse noryany or possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 Right To Work Product No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. 12.7 Public Records Form Contract Name: C & S Companies, 605 E. Robinson Street, Suite 210, Orlando, FL 32801 Project Description: Golf Course Storage Building In accordance with the requirements of Chapter 119 Florida statutes, as amended, the contract between the City of Sebastian and the Contractor shall require the contractor to: Sebastian Municipal Airport Golf Course Storage Building Page 1 of 84 Addendum 1: October 21, 2013 a) Comply with the public records law of the State of Florida, as the same may be amended from time to time. b) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform services, and C) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, and e) Meet all requirements of retaining public records and transfer, at no cost, to the City all public records in possession of the contractor upon termination of the contact and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Sebastian Municipal Airport Golf Course Storage Building Page 2 of 84 Addendum 1: October 21, 2013 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. ATTES : By: Name: Sally A. io, MMC Title: City Cl (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert Ginsburg, City Attorne THE CITY OF- IBIASPW By: Name: Joseph`Griffin Title: Interim City Manager CONTRACTOR ------- ____ - - - - -- -- Signed, sealed and delivered in the presence of: Signature: Name: Signature: Name: ko r(A M n Iry i Sebastian Municipal Airport Golf Course Storage Building C` 5 4sajrce� Lw--" Contractor By: Name: �N� jUt Ircw Title:Yt ✓`�(;�/�'lsf. Page 3 of 84 Addendum 1: October 21, 2013 on APPENDIX A: PRICE PROPOSAL FORM �• The undersigned, having become thoroughly familiar with all of the RFP Documents and information incorporated herein, hereby proposes to perform everything required to be performed in conformity with the requirements of these documents, meeting or exceeding the specifications as set forth for the price(s) quoted below. 'The price(s) quoted is (are) inclusive of any Addenda issued prior to this submittal. By the signature below, the Design -Build Proposer agrees that this Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same .. purpose and that the bid is in all respects fair and without collusion or fi•aud. If awarded any work under this proposal, the Design -Build Proposer agrees to enter into a conforming agreement within ten (10) consecutive calendar days' notice by the City, and agrees to all the terms and conditions of all documents ., stated herein with the City of Sebastian for the below stipulated price which shall remain firm for one hundred twenty (120) days following submittal deadline date. THE PROPOSED PRICE(S) PROVIDED BELOW ARE ALL - INCLUSIVE, GUARANTEED MAXIMUM unless otherwise stipulated. me No t�-i O m ow F9 Base Bid Price, including design, permitting and construction $ 443,745 Of golf course storage building, Stormwater Pollution Prevention Plan, Site Drainage, Site Grading, Site Utilities, Foundation, and all associated fees. Utility Allowance: FPL and Comcast Service S18,500 Additive Alternate 1: Asphalt Paving, base course, and S 67,800 subgrade work for area labeled "Storage Building Access Road1'M; i,. �, o. ildi Additive Alternate 2: 325' of Water Supply Line connected to $ 13,600 water main shown, parallel to driveway paving, including fire hydrant, design and permitting with Indian River County Water Utilities. Additive Alternate 3: Roadway lighting. Provide 4 fixtures as $ 16,000 shown on electrical drawings. Additive Alternate 4: Two Security Cameras, cabling, conduit, $ 24,100 etc. for a complete working system in place. Additive Alternate 5: Chemical Storage building design and $ 22,200 construction, including foundation, building, fees, and associated work for a complete working facility. Additive Alternate 6: Chemical Mixing Center spill pad $ 6,900 design and construction, including concrete and base work, drainage piping. collection /pump system and associated work for a complete working facility. Sebastian Municipal Airport Page 28 of 82 Golf Course Storage Building Addendum 1: October 821 2013 =0 a" Additive Alternate 7: Chemical Mixing Center canopy design $ 52,322 and construction, including foundation, building, fees, and associated work for a complete working facility. Additive Alternate 8: Fuel tank pad and fuel transfer spill pad $ 8,023 design and construction, including concrete and base work piping, oil spill valve and vault, and drainage piping. Additive Alternate 9: Spread and compact millings over areas $ 26,700 indicated. Total Project Cost $ 699,890 1 Award will be made to the lowest responsive and responsible Design -Build Proposer whose proposal, confirming to the specifications, Instructions for Design -Build Proposers, and Contract Documents, will be the most advantageous to the City in consideration of price, time of performance, and other factors as determined by the City. Further, the City reserves the right to award the contract based on any one or all of the "Additive Alternates;" therefore, each "Total Base Bid + Additive Alternate" price must be ready to stand on its own. The Design -Build Proposer must submit bids on the Base Bid including the "Additive Alternates" shown above. no ... CONSTRUCTION COMPLETION TIME: Design -Build Proposer warrants substantial completion of construction shall not exceed 195 calendar days. There will be $250 /day licluidated damages for days exceeding 195 calendar days. The breakout of phases is a follows: a. 60 calendar days design & permitting b. 120 calendar days construction c. 15 calendar days for final punch list. Sebastian Municipal Airport Page 29 of 82 GoIFCourse Storage Building .Addendum 1: October 821 2013 ,A W �9 ADDENDA It is agreed that the undersigned has received all addenda complete as issued by the Owner and that related costs are included in the proposal submitted. The undersigned acknowledges receipt of said addenda as follows: Addendum # 1 Dated: October 21, 2013 Addendum # 2 Dated: November 12, 2013 Addendum # Dated: Addendum # Dated: C &S Technicdl Resources, Inc. Firm Name Michael Caruso Printed Name Southern Regional Manager Title 11/13/14 (407) 422 -1118 Date Signed Phone Number mcaruso @cscos.com E -Mail Address End Appendix A: Price Proposal Form Sebastian Municipal Airport Page 30 of 82 Golf Course Storage Building October 8, 2013 CITY OF SEBASTIAN Golf Course Storage Building Sebastian Municipal Airport ADDENDUM # 1 DATE: October 21, 2013 TO: All Bidders This Addendum becomes hereby an integral part of the bid package under consideration by you as a respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bid package — including, all issued addenda. This Addendum is being sent to you via e -mail. If you have any questions pertaining to this Addendum, please contact Mark Jansen via e-mail at miansen a aidinc.us . ADDENDUM MESSAGE A. A list of questions has been received. B. Additional changes are included. C. Pre - Submittal Meeting Attendees and Minutes are included. D. A revised Bid Form is included. E. Submitted to the Cry must also include this addenda page submitted & signed as acknowledgement of receipt of same/ Receipt By (Bidders Signature) Oi-iginal Signed by Mark.Iansen Mark Jansen, Project Manager American Infrastructure Development, Inc. C &S Technical Resources, Inc. Firm Name U011 Course Storage Building Addendum 3 Sebastian Municipal Airport Pagel of4 August 8, 2013 CITY OF SEBASTIAN Golf Course Storage Building Sebastian Municipal Airport ADDENDUM # 2 DATE: November 12, 2013 TO: All Bidders This Addendum becomes hereby an integral part of the bid package Under consideration by you as a respondent. The City of Sebastian deems all sealed bids to have been proffered in recognition of the entire bid package — including all issued addenda. This Addendum is being sent to you via e -mail. If you have any questions pertaining to this Addendum, please contact Mark Jansen via e -mail at miansen a.aidine.us . ADDENDUM MESSAGE _.r. A. A list of questions has been received. B. Additional changes are included. C. Submitted to the ity must also include this addenda page submitted & signed as acknowledgement of receipt of me. } �✓ `�- _ C &S Technical Resources, Inc. Receipt A4—n-6-xvledged By (Bidders Signature) Firm Name Original Signed by Alfark Jansen Mark . lansen, Project Manager American Infrastructure Development, Inc. Golf Course Storage Building Addendum 2 Sebastian Municipal Airport Pa-e I of 5 November 12, 2013 put ATTACHMENT 9 (DESIGN - BUILDER INFORMATION FORM) Having carefully examined the Proposal Documents and Drawings entitled Golf Course Storage Building, Sebastian Municipal Airport, City of Sebastian, Florida, as well as the premises and conditions affecting the work, and confrm.ing that the sites were visited, as required, by Jack Thompson (Name of Person or Persons) on 10/10/13 (date or dates) the undersigned hereby seeks qualification to furnish all labor and material and to perform all work as required by and in strict accordance with the above - named documents. Principal Office Address: 605 East Robinson Street, Suite 210 Orlando, FL 32801 (1) How many years has your organization been in business as a contractor under your present name? 18 (2) How many years of experience in construction work has your organization had as a general contractor? "— 18 As a Subcontractor? 18 (3) List below the requested information concerning projects your organization has completed in the -last five (5) years for the type of work required in this project. (Use additional sheets if necessary). Include the type of work similar to the work included in this contract if possible. Project Contract Required Actual Name /Address/Tel Title Amount Completion Date Completion Date of Owner Please see attached PAR Sebastian Municipal Airport Page 33 of 82 Golf Course Storage Building October 8, 2013 Completed Projects The projects listed below demonstrate our team's ability to provide qualiry service on vari- ous types of design /build and construction projects. This experience illustrates that C &S is highly qualified for this project. C &S Technical Resources, Inc., has completed the following projects in Florida within the last five (5) years. s T" HOME OF PELICAN ISLAND Project / �•t 1 l Name/Address/Telephone 1 Amount Completio n Completion Date Date Conway Lakes Health and $325,500 May 2011 May 2011 Tino Man co Rehab Center Design/ 5201 Curry Ford Rd. Build Rehabilitation of Orlando, FL 32812 Northern Wing Structure (407) 384 -8838 City of Minneola Fire $50,000 July 2010 July 2010 Derryl O'Neal Station Addition (Design/ 800 N. US Hwy 27 Build) Minneola, FL 34715 (352) 394 -3598 Orlando Health Office $113,600 April 2012 April 2012 Felix Robinson Building Renovation 1414 Kuhl Ave. (Design/Build) Orlando, FL 32806 (321) 841 -1476 Sunrise Aviation Design/ $66,000 November 2010 November 2010 Devon Dorato Build of Aviation Fuel 740 Airport Road Facility Ormond Beach, FL 32174 (386) 677 -5724 Berhunc- Cookman $37,470 June 2012 June 2012 Wenda Williams University Computer/ 640 Dr. Mary McLeod Bethune Chemistry Lab Blvd. tNlodificarions Daytona Beach, FL 32114 (386) 481 -2660 City of Flagler Beach $50,000 January 2010 January 2010 Roberr Smith Portable Water PUMP 105 S. Second St. Station Generator Fuel Flagler Beach, FL 32136 Tink (683) 517 -2000 i�,lanatec County Fuel Tank $250,000 January 2010 January 2010 Deborah Carey -Reed Installation and Closure I 1 12 Manatee County W. Suite 803 Bradenton, FL 34205 (941) 749 -3074 Toho Water Authority $174,300 2010 2010 Lan Zhou Mold Remediation and 101 North Church St. Building Renovation Kissimmee, FL 34741 (407) 518 -2552 MW MR � =I0" •A "M No Ow Project • ReClUired + Name/Address/Teleplione of AmOLlut Completion . • Owner Date Date City of Winter Park Cady $90,000 March 2010 March 2010 Lena Petersen Way Restroom Facility 401 Park Avenue South Upgrades Winter Park, FL 32789 (407) 599 -3225 City of Edgewater Aerator $317,000 December 2011 December 2011 Robert Polizzi, Jr. and Access Improvements 104 N. Riverside Dr. Edgewater, FL 32132 (386) 424 -2490 City of Tampa Gomez $248,900 December 201 1 December 2011 John Walker, P.E. Avenue Pumping Station 306 E. Jackson St. 6 -N Rehabilitation Tampa, FL 33602 (813) 274 -7866 Seminole County Red $139,920 June 2011 June 2011 Diane Reed Willow Pump Station Con- 1101 E. 1st St., 3rd FI struction Sanford, FL 32771 (407) 665 -7120 City of Titusville High $258,450 August 2011 August 2011 Jimmy Gager Service Pump 7 2836 Garden Street Titusville, FL 32769 (321) 383 -5656 —M" —P" Sebastian Municipal Airport Page 34 of 82 �� Golf Course Storage Building October 8, 2013 (4) Have you ever failed to complete any work awarded to you? If so, where and why? A, No ,.. (5) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? If so, state name of individual, name of other organization, and reason therefore. No (6) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? If so, state name of individual, name of owner and reason therefor. No (7) Give below any information which would indicate the size and capacity of your organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. No. of employees - 25 �+ (8) What is your bonding capacity? 3,000,000 per project - $25,000,000 aggregate (9) What amount of your bonding capacity has been used as of the date of this bid? 15,000,000 —M" —P" Sebastian Municipal Airport Page 34 of 82 �� Golf Course Storage Building October 8, 2013 A. (10) How many applications for performance and payment bonds have you made in the last three s (3) years? 50 —� (11) How many of these applications were not approved? 0 (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) No (13) Have your company been in disputes or litigations in the last five (5) years over construction projects which are completed or still pending for completion? If so, describe the nature of the disputes or litigations and state the Owner's Name, Address, Telephone, and amount of disputes or litigations. (Use additional sheets if necessary.) No Sebastian Municipal Airport Page 35 of 82 Golf Course Storage Building October 8, 2013 pn —F" ibow-1 I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed in this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of non - responsibility with respect to such Design- Builder. Respectfully Submitted, C &S Technical Resources, Inc. (NamAoDe M-* roposer) (Autho'j gnature) 605 E. Robinson St. Suite 210 Orlando, FL 32801 Manager 11/14/13 (407) 422 -1118 (Title) (Date) (Address and Telephone No.) FLORIDA STATE CONTRACTOR DATA (Required): *Contractor's License Number: CGC037287 Classification: General Contractor Monetary Limit: *ATTACH A COPY OF APPROPRIATE LICENSES Sebastian Municipal Airport Page 36 of 82 Golf Course Storage Building October 8, 2013 PAPER AC# 6 4 7 317 8 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ# L12101901964 .. - LICENSE NBR 110/19/20121120149905 CGCO37287 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489. FS. Expiration date: AUG 31, 2014' CARUSO, MICHAEL LEWIS C &S TECHNICAL RESOURCES, INC., 605 E ROBINSON ST SUITE 210 ORLANDO FL 32801 RICK SCOTT GOVERNOR DISPLAY AS REQUIRED BY LAW KEN LAWSON SECRETARY atle of rt ba Department of ftte I certify from the records of this office that C &S TECHNICAL RESOURCES, INC. is a New York corporation authorized to transact business in the State of Florida, qualified on July 22, 2008. The document number of this corporation is F08000003222. I further certify that said corporation has paid all fees due this office through December 31, 2013, that its most recent annual report/uniform business report was filed on March 18, 2013, and its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. CR2EO22 (1.11) Given under my hand and the Great Sea] of the State of Florida at Tallahassee, the Capital, this the First day of April, 2013 VRA� �►iritrf�t x "I'mrtnru of *'t7ir *d ate, 0. ri a Boards' `f T'rofessional --E rn.eers Attests, hat g Jahn David Trimble ,.E. FBPE1. is licensed as a Professiwo gineer under Chapter 471, Florida Statutes Expiration: 2/28/2015 t r P.E. Lic. No: Audit No: 228201510487��' t" a 67746 State of Flort*da Board of Professional Engineers Attests that Matthew Philip) McQuinn, P.E. oI i \ I,b,Im d . r * 1 S<K .v NI I MANI I %S Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expiration: 2128/2015 P.E. Lic. No: Audit No: 228201514599 72488 State of Flort"da Board of Professional Engineers Attests that Alvin Craig James, P.E. Is licensed as a Professional Engineer under Chapter 471, Florida Statutes Expirotion: 2/28/2015 P.E. Lic. No: Audit No: 228201504905 62471 rte, F" ATTACHMENT 2 (DRUG -FREE WORKPLACE FORM) n The undersigned Design -Build Proposer, in accordance with Florida Statute 287.087 hereby certifies that C &S Technical Resources, Inc. does: �plot 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United Stated or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 11/14/13 Signature: Sebastian Municipal Airport Page 37 of 82 Golf Course Storage Building October 8, 2013 plq �a ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) r� SWORN STATEMENT UNDER SECTION 287.133(3)(a). FLORIDA STATUES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.01 This sworn statement is submitted with Proposal for Golf Course Storage BuildingError! Unknown document property name., Sebastian Municipal Airport, City of Sebastian, Florida. 1.02 This sworn statement is submitted by ^' C &S Technical Resources, Inc. (name of entity submitting sworn statement) whose business address is 605 E. Robinson Street, Suite 210, Orlando, FL 32801 and (if applicable) its Federal Employer Identification Number (FEIN) is 16- 1491783 . (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:(________). pal 1.03 My name is Michael Caruso and my relationship to the (please print name of Individual signing) entity named above is: Southern Regional Manager 1.04 I understand that a "public entity crime" is defined in Paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.05 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry plea of guilty or nolo contendere. 1.06 I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues, means: (1) A predecessor or successor of a person convicted of a public entity crime: or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, rw� directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls r«*t another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 1.07 I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. — F" — A, Sebastian Municipal Airport Page 39 of 82 Golf Course Storage Building October 8, 2013 1.08 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the " entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. .. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings, the final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) .. The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) SWORN STA MLNT POYIC ENTITY CRIMES (CONTINUED) r (Signature) Date: STATE OF FLORIDA COUNTY OF Orange •, , Tile foregoing instrument was acknowledged before me this � day of �•t U 2063 b �✓tp y %�jG%lAL' C�,rUSU 11 Oha.) it le) on behalf of •. (name of partnership), a partnership. He /she is personally known to me or has produced as identification and did () did not () take oath. My Commission Expires: _ � . Z- 6.17 Commission Number: CCU+ -7 glYO RY OR L-1 TERRI L. ADAMS END OF SWORN STATEMENT - PUBLIC ENTITY CRIMES NOTARY PUBLIC STATE OF FLORIDA Comm# EES79140 no ■w Expires 5/26/2017 . we .., .,, Sebastian Municipal Airport Page 40 of 82 Golf Course Storage Building October 8, 2013 L___1 am MR No no MR ATTACHMENT 4 (BID BOND) «.. (This form provided by City of Sebastian as an example of the form of Bond,• the actual bondform must conform to the standards required by Florida Statutes) ,., KNOWN ALL MEN BY THESE PRESENTS, that, we the undersigned, C &S Technical Resources, Inc., 605 East Robinson Street, Ste 210, Orlando, FL 32801 as Design -Build Proposer, and Fidelity and Deposit Company of Maryland as Surety, are hereby held and firmly bound unto the City of Sebastian, Florida, in the penal sum of five (5 %) percent of the Total Bid Amount which is $ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed this 15th day of November 2013. The Condition of the above obligation is such that whereas the Design -Build Proposer has submitted to the ••+ City of Sebastian a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in writing, for )Ifl�ifii� Golf Course Storage Building. NOW THEREFORE, If said BID shall be rejected, or If said BID shall be accepted and the Design -Build Proposer shall execute and deliver a contract in the form of Agreement attached hereto (property completed in accordance with said BID) and shall furnish a Performance Bond for faithful performance of said contract, and Payment Bond for the payment of all persons performing labor, furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety of any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid Bond shall be in no way impaired or affected by an extension of the time within which the City of Sebastian may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Design -Build Proposer and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their property officers, the day and year first set forth above. C &S Technical Fidelity and Deposit Company .. Design -Build Propospr Namc Resources, Inc. Surety of Maryland ' tcd 'vmd Printed or Typed ., ,. By: ems--- By: Design -B it P oposer - Authorized Signature R ?tXX X-XXA orizcd Signature « J4Ltt7, J Richard A. Lyons, Attorney -in -Fact +� Design -Build Proposer - Printed or typed Name and Title Surety - Printed or Typed Name and Title Sebastian Municipal Airport Page 41 of 82 �' Golf Course Storage Building October 8, 2013 -' ACKNOWL(BONDS) Individual Acknowledgment State of } SS. County of On this day of 19 before me personally came to me known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledge to me that he executed the same. My commission expires Notary Public . . . . . . . . . . . ... .... .. . .. . .. . ... . . .. .... .. .. .. . .. . . . ...... ... . ..... ...... . . Firm Acknowledgment .. . . . . .. ... ... . ... .. . . ... . ... ........... . . . . . . . .. . . . . . . . . . ....... .. . . . . . . . . . . . .. . .. . . . . . . . . . . . . . .. . . . . . . . . . . .... .. . . .. . . .. . . . . ... . . . . . . .. . . . ... .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State of SS. County of -- - -- On this day of 19 before me personally came , to me known, and known to me to be a member of the firm of described in and who executed the foregoing instrument, and he thereupon acknowledged to me that the executed the same as and for the act and deed of said firm. My commission expires i a- Notary Public .......... ......................... ....... ............................................................................................................................................................................ ............................... Corporation Acknowledgment f T—' State of t- Icy I C i Ci r } SS. County of Q✓drtq On this y 41, day of �� ;7Vt? Y}1 �' � r 20 before me personally came C 1•V r o to m_ e_known, who being by me duly sworn, did depose and say tha &she is the o t�-fl- •� rn r (;1 o�1c.1 ��{ Cw1Li t� �✓ _ ° of C &S Technical Resources, Inc. l7 the corporation described in and which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation,. and that helshe signed his /her name thereto by like order. My commission expires 0 tai � 6 u G h- qatc-z _ Notary ublic Surety o** ' w" ledgment ............................................................................................................................................................. ............................... t:^ 5 s:. State of New York jSS. County of Onondaga - - 4,, On this 15th day of November 20 13 before me personally came Richard A. Lyons , to me known, who, being by me duly sworn, did depose and say that he is an attorney -in -fact of Fidelity and Deposit Company of Maryland the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. x. My commission expires 2014 t 1 Lh �. 'L'k- r ?� Notary Public USA M WINTON Notary Public State of Now Yoo Qualified in Orion. Co. No. 6GA0551* My Commission Expires April 24, 20 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby Nq nominate, constitute, and appoint Roy S. MOORE, III, Richard A. LYONS and Linda C. SHULTS, all of Syracuse, New York, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section S, of the By -Laws of said Companies, and is now in force. r�r IN WITNESS WHEREOF, the said Vice- President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of September, A.D. 2013. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND io rte+ t� SiAL7 Assistant Secretary Vice President Eric D. Barnes Thomas 0. McClellan State of Maryland City of Baltimore On this I lth day of September, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. � �t�,�- Q . �..,..r -r� �`• a +`` �:; ;�' Constance A. Dunn, Notary Public r+t My Commission Expires: July 14, 2015 F" POA -F 132 -05468 EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attomeys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN PER CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. r� This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. N�-T d TIMONj(�WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of 20 PW � ��+ n+. l as� ,og SEAL Ar P, VA vz�� . Geoffrey Delisio, Vice President r;h n FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition F., As Of December 31, 2012 ASSETS Bonds................................................................................................................ ............................... $ 157,177,826 r=, Stocks ................................................................................................................ ............................... 23,000,311 Cash and Short Term Investments ..................................................................... ............................... 119,155 Reinsurance Recoverable .................................................................................. ............................... 17,923,564 r� Other Accounts Receivable ............................................................................... ............................... 35,473,256 TOTAL ADMrrrED ASSETS ......................................................................... ............................... $ 233,694,113 LIABILITIES, SURPLUS AND OTHER FUNDS Reservefor Taxes and Expenses ....................................................................... ............................... $ 74,782 Ceded Reinsurance Premiums Payable ............................................................. ............................... 48,323,524 Securities Lending Collateral Liability ............................................................. ............................... 1,716,240 TOTALLiABIims ..................................................................................... ............................... $ 50,114,546 wCapital Stock, Paid Up ......................................................... ............................... $ 5,000,000 Surplus................................................................................. ............................... 178,579,567 Surplusas regards Policyholders ....................................................................... ............................... 183,579,567 TOTAL........................................................................................................ ............................... $ 233,694,113 rah Securities carried at $59,468,002 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2012 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $243,518,971 and surplus as regards policyholders $193,404,425. 1, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2012. State of Illinois City of Schaumburg SS: r-r Subscribed and swam to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this I Sth day of March, 2013. Notary Public OFFICIAL SEAL DARRYL JOINER P' Notary Public - State of Illinois My Commission Expires May 3, 2014 Sebastian Municipal Airport Golf Course Storage Building Page 43 of 82 October 8, 2013 ATTACHMENT 5 (DESIGNATION OF SUBCONTRACTORS) THIS FORM MUST ACCOMPANY APPLICABLE. Use additional sheets PROPOSAL PRICE FORM AND MUST as necessary. BE COMPLETED AS Contract Amount Name, Address and Telephone Number of Subcontractor Type and Description of Work to be Performed 1•C &C Site Development Osteen, FL (407) 688 -2657 Sitework/slab /paving $ 184,000 2 Windsor Electric Orlando, FL Electrical $ (407) 468 -2017 43,000 3 Complete Electric Sebastian, FL Security $ (772) 388 -0533 24,000 4. 5. ,. 6 7. TOTAL DOLLAR VALUE OF SUBCONTRACTOR PARTICIPATION: $ PERCENT SUBCONTRACTOR PARTICIPATION: 251,000 36 % Name of DESIGN -BUILD C &S Technical Resources, PROPOSER: Inc. Sebastian Municipal Airport Golf Course Storage Building Page 43 of 82 October 8, 2013 ATTACHMENT 6 -FLORIDA TRENCH SAFETY ACT CERTIFICATION AND DISCLOSURE STATEMENT The undersigned acknowledges the requirements of the Florida Trench Safety Act., F.S., (Section 553.60 et. seq. Florida statutes), and hereby commits the Design-Build Proposer to the following in the performance of the work in the event that the subject contract is awarded to and executed by said Design - Build Proposer. The Design -Build Proposer further acknowledges that the Florida Trench Safety Act, (the Act) establishes the Federal excavation safety standards set forth at 29 CFR Part 1926, Subpart P as the Interim State Standard until such time as the State of Florida, through its Department of Labor and Employment Security, or any successor agency, adopts, updates or revises said interim standard. This State of Florida standard may be supplemented by special shoring requirements established by the State of Florida or any of its political subdivisions. 2. The Design-Build Proposer, as Contractor, shall comply with all applicable excavation/trench safety standards. The Contractor shall consider the geotechnical data available from the City, if any, the Contractor's own sources, and all other relevant information in providing the trench safety system to be employed on the subject Project. The Contractor acknowledges sole responsibility for the selection of the data on which he relies in providing the safety system, as well as for the system itself. 4. The amounts that the Design -Build Proposer has set forth for pipe installation includes the following excavation / trench safety measures and the linear feet of trench excavated under each safety measure. These units, costs, and unit prices shall be disclosed solely for the purpose of compliance with procedural requirements of the Act. No adjustment to the Contract time or price shall be made for any difference in the actual number of linear feet of trench excavation, except as may be otherwise provided in these Contract Documents, Trench Safety Units of Measure Unit Unit Cost Measure (Description) (LF, SF) (Quantity) a. Trench Box LS 1 $1,000 b. C. d. e. For Information Only, Not for Payment Purposes $ Design -Build Proposer may use additional sheets as necessary to extend this form. Failure to complete the above may result in the bid being declared non - responsive. 5. The amount disclosed is the cost of compliance with the applicable trench safety does not constitute the extent of the Contractor's obligation to comply with said Contractor shall expend additional sums at no additional cost to the County, if comply with the Act (except as may otherwise be provided). Sebastian Municipal Airport Golf Course Storage Building Extended Cost $1,000 requirements standards. necessary, to Page 45 of 82 October 8, 2013 Section 3— Preliminary Plans (30% Submittal) C &S has made no significant changes to the drawings provided. cars SEBASTaN HOME OF PELICAN 16" 3 -1 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 11/13/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Haylor, Freyer & Coon, Inc. 231 Salina Meadows Parkway P.O. Box 4743 NT NAMEACT Dawn Gaido PHONE FAX e MAIL. Ex-03-15--453-1730 (A/C, No):315- 362 -5761 ADDREss:dgaido @ha lor.com INSURER(S)AFFORDING COVERAGE NAIC # Syracuse NY 13221 INSURERA:We co Insurance man 25011 _ INSURED CSENGINEER INSURERB:Rochdale Insurance Company 2491 INSURERC:Merchants Mutual 23329 C &S Technical Resources, Inc. 605 East Robinson Street, Suite 210 Orlando, FL 32801 INSURERD:NaVI ators 42307 INSURER E :Allianz Global Risks US Ins. Co. h5300 $10,000 INSURER F $1,000,000 COVERAGES CERTIFICATE NUMBER: 1141679615 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY Y Y VVPP110394200 /1/2013 /1/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _GE]N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO- JECT X LOC $ A AUTOMOBILE LIABILITY Y Y WPP110394200 /1/2013 /1/2014 Ee COMBINED accident) $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ HIRED AUTOS X NON -OWNED AUTOS X PROPERTY DAMAGE Per accident $ C X UMBRELLA LIAB X OCCUR Y Y CUP0000528 /1/2013 711 /2014 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS -MADE DED X I RETENTION $10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I`7❑ N / A y RWC3300674 /1/2013 /1/2014 X WC STATU- OTH- T RY LIMIT ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYE $1,000,000 if in and If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS below D E Excess Liability Builders Risk/]nstallation Fltr Leased /Rented Equipment Y Y NY13EXC7874451V MZ193050973 /1/2013 /1/2013 /1/2014 /1/2014 Each Occurrence /Agg $5,000,000 $1,000,000 Limit $2,500 Deductible $750,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) See Attached Acord 101 RE: Golf Course storage building located at Sebastian Municipal Airport. City of Sebastian 1225 Main Street Sebastian FL 32958 <.NIY IrCLLN I IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /j © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AC R V AGENCY CUSTOMER ID: CSENGINEER LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Haylor, Freyer & Coon, Inc. NAMED INSURED C &S Technical Resources, Inc. 499 Col Eileen Collins Blvd. Syracuse, NY 13221 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Forms Enclosed: General Liability: GL9900078 (11/12)- Broadened Coverage for Contractors CG 20 10 (07/04)- Additional Insured- Owners, Lessees or Contractors- Scheduled Person or Organization CG 20 37 (07/04)- Additional Insured- Owners, Lessees or Contractors- Completed Operations CG 25 03 (05/09)- Designated Construction Project(s) General Aggregate Limit CG 25 04 (05/09)- Designated Location(s) General Aggregate Limit CG 02 24 (10/93)- Earlier Notice of Cancellation Provided by Us Automobile: CA 20 48 (02/99)- Designated Insured IL 12 01 (11/85)- Waiver of Transfer of Right of Recovery Against Others to Us Workers Compensation: WC 00 03 13 (4/84)- Waiver of our Right to Recover from Others Endorsement Umbrella: CU 00 01 (12/04)- Commercial Liability Umbrella Coverage Form MU 86 22 (05/09)- Primary and Non - Contributing Insurance (Third Party) MU 79 28 (07/03)- Follow Form Endorsement (Per Project Aggregate) CU 24 03 (09/00)- Waiver of Transfer of Rights of Recovery Against Others to Us At,UKU lUl (LUUt$ /Ul) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: WPP1103942 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. PROPERTY DAMAGE TO BORROWED EQUIPMENT Paragraph (1), of j. Damage To Property, under 2. Exclusions, of SECTION I — COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to add the following: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided that they are not being used to perform operations at the time of the loss. With respect to "property damage" to borrowed equipment the following additional provisions apply: 1. The most we will pay for "property damage" to borrowed equipment is $100,000 for any and all such losses regardless of the number of: a. Insureds; b. Claims or "suits" brought; or c. Persons or organizations bringing claims or "suits ". B. NON -OWNED WATERCRAFT EXTENSION Subparagraph (2) of g. Aircraft, Auto Or Watercraft, under 2. Exclusions, of SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following: This exclusion does not apply to: (2) a watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. C. DAMAGE TO PREMISES RENTED TO YOU The last paragraph of 2. Exclusions of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: 1. Fire; 2. Explosion; GL9900078 Page 1 of 6 Ed 1112 3. Lightning; 4. Smoke resulting from such fire, explosion or lightning; or 5. Water. A separate limit of insurance applies to this coverage as described in Section III Limits of Insurance. This insurance does not apply to damage to premises rented to you, or temporarily occupied by you, with permission of the owner caused by: 1. Rupture, bursting, or operation of pressure relief devices; 2. Rupture or bursting due to expansion or swelling of structural components or the contents of any building or structure, caused by or resulting from water; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines. Paragraph 6. of SECTION III LIMITS OF INSURANCE is d eleted and replaced w i t h the following: Subject to paragraph 5. of SECTION III — LIMITS OF INSURANCE, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. for the sum of all damages because of "property damage" to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion , or lightning; or water. The Damage To Premises Rented To You Limit will apply at all "property damage" proximately caused by the same "occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented to You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. Paragraph a. of 9. "Insured Contract', under SECTION V — DEFINITIONS, is deleted and replaced with the following: An "Insured contract' means a contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire: explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract". D. PROPERTY DAMAGE COVERAGE FOR PERSONAL PROPERTY WHILE IN YOUR POSSESSION Sub - paragraphs (3) and (4) of Paragraph j. Damage To Property, of 2. Exclusions. of SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY do not apply to "property damage" to the property of others while in your possession. With respect to the insurance provided by this section of the endorsement, the following provisions apply: The limit of this coverage is $25,000 per "occurrence" and $25,000 aggregate in any annual policy period starting with the beginning of the policy period in the Declarations, regardless of the number of: a. Insureds; GL9900078 Page 2 of 6 Ed 1112 b. Claims or "suits" brought; or C. Persons or organizations bringing claims or "suits ". We will pay for damages on your behalf, only to the amount of damages for each 'occurrence" on your behalf applies only to the amount of damages for each "occurrence" which are in excess of a $1,000 deductible. We may pay any part, or all of the deductible amount, to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount, as has been paid by us. E. PROPERTY DAMAGE COVERAGE FOR TENANTS — REAL PROPERTY Sub - paragraph j. (5) Damage To Property, of 2. Exclusions of SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following: While under your care, custody or control we will pay for "property damage" to property of others arising out of operations incidental to your business when: a. Damage is caused by the insured; Damage occurs while in the insured's possession The most we will pay under this provision for loss or damage during the policy period is $25,000 per "occurrence" and $25,000 aggregate in any annual policy period starting with the beginning of the policy period in the Declarations. We will pay damages on your behalf, only to the amount of damages for each 'occurrence" which are in excess of a $1,000 deductible. The limits of insurance will not be reduced by the application of such deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us; or F. SUPPLEMENTARY PAYMENTS Paragraphs 1.1b. and 1d. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B of SECTION I is amended as follows: In paragraph 1.b., the amount we will pay for the cost of bail bond is increased to $2,500 In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. G. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Paragraph 3.a. of SECTION II — WHO IS AN INSURED is deleted and replaced with the following: Coverage under this provision is afforded until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. PAST PARTNERSHIPS AND JOINT VENTURES The following is added to SECTION 11 — WHO IS AN INSURED: GL9900078 Page 3 of 6 Ed 1112 If you are an insured, as shown in the Declarations, you are an insured for your interest in a partnership or joint venture that ended prior to this policy - period. This insurance applies: Only to the extent of your interest in the partnership or joint venture. b. Only if no other similar insurance is available to you for your interest in the joint venture or partnership. The last paragraph of SECTION II — WHO IS AN INSURED is deleted and replaced with the following: Except as provided in H. PAST PARTNERSHIPS AND JOINT VENTURES, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. ADDITIONAL INSURED The following is added to SECTION II — WHO IS AN INSURED: Any person or organization with whom or with which you have agreed in writing in a contract or agreement that such person(s) or organization(s) shall be included as an additional insured on your policy is an additional insured. The contract must be executed before the "bodily injury or "property damage" occurs or the "personal and advertising injury" offense is committed, to name such person or organization as an additional insured, but only with respect to liability arising out any tenancy operation or use of equipment leased to you by such an additional insured. The following provisions apply to such additional insured: a. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations, whichever is less. b. The insurance afforded to the additional insured does not apply to: I_1 ny "bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense which is committed, after you cease to be a tenant in that premises; ii. Liability arising out of any premises for which coverage is excluded by endorsement; or iability arising out of structural alterations, new construction or demolition operations performed by or on behalf of such additional insured(s) The insurance afforded to the additional insured is excess over any valid and collectible insurance available to the insured, unless you have agreed in the written contract that this insurance must be primary or non - contributory with such other insurance. BROADENED NAMED INSURED Paragraph 1.d. of SECTION II — WHO IS AN INSURED is deleted and replaced with the following: The person or organization named in the Declarations, and any organization, other than a partnership, joint venture or limited liability company, of which you maintain ownership or in which you maintain the majority interest on the effective date of the policy. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. However, coverage for any such additional organization will cease as of the date, if any, during the policy GL9900078 Page 4 of 6 Ed 1112 period, that you no longer maintain ownership of, or the majority interest in, such organization. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to paragraph 6. Representations of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Based on our reliance on your representations as to existing hazards, if you unintentionally fail to disclose any such hazards prior to the beginning of the policy period of this coverage part, we shall not deny coverage under this coverage part because of such failure. However, the provision does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regulations. L. BROADENED NOTICE OF OCCURRENCE The following is added to paragraph 2 Duties in the Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice of an `occurrence" or of an offense which may result in a claim covered by this policy, the failure to report such "occurrence" to us at the time of the "occurrence shall not be deemed a violation of this condition unless such 'occurrence" or offense becomes known to. you, or one of the following if designated by you to give such notice: your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator)., However, you or your designated representative must give us notice as soon as practicable after being made aware that the particular claim. b. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. c. This provision does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. M. WAIVER OF SUBROGATION The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. N. BROADENED CONTRACTUAL LIABILITY — WORK WITHIN 50, OF RAILROAD PROPERTY Paragraph 9.c. of the definition "Insured Contract' under SECTION V — DEFINITIONS is deleted and replaced with the following: "Insured contract" means any easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad. GL9900078 Page 5 of 6 Ed 1112 Paragraph f.(1) of 9. "Insured contract' under SECTION V — DEFINITIONS is deleted. O. BODILY INJURY DEFINITION The definition of "bodily injury" in paragraph 3. of SECTION V — DEFINITIONS is deleted and replaced with the following: "Bodily injury" means bodily injury, mental anguish, mental shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. GL9900078 Page 6 of 6 Ed 1112 POLICY NUMBER: WPP1103942 00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Locations Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance is afforded by this policy for the benefit of the additional insured shown shall be primary insurance, and any other insurance maintained by the addi- tional insured(s) shall be excess and noncontributory as respects to any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's re- sponsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: WPP1103942 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by written contract. It is agreed that such insurance is afforded by this poli- cy for the benefit of the additional insured shown shall be primary insurance, and any other insurance main- tained by the additional insured(s) shall be excess and noncontributory as respects to any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negli- gence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: WPP1103942 00 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Your project(s) away from premises owned by or rented to you. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - completed Operations Aggregate Limit, whichever is applicable; and CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ POLICY NUMBER:WPP1103942 00 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Your location(s) as listed on this policy's location schedule. Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated "loca- tion" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damag- es because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Location General Aggre- gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be at- tributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 ❑ POLICY NUMBER: WPP1103942 00 COMMERCIAL GENERAL LIABILITY CG 02 24 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 POLICY NUMBER: WPP1103942 00 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 7/1/2013 Countersigned By:' / W Authorized Re resentative Named Insured: C &S Technical Resources, Inc. SCHEDULE Name of Person(s) or Organization(s): Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ POLICY NUMBER: WPP1103942 00 IL 12 01 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 0 POLICY NUMBER POLICY CHANGES EFFECTIVE COMPANY WPP1103942 00 7/1/2013 Wesco Insurance Company NAMED INSURED AUTHORIZED REPRESENTATIVE C &S Technical Resources, Inc. Barry Zyskind COVERAGE PARTS AFFECTED General Liability Commercial Auto Commercial Property CHANGE Named Insured Extension: C &S Technical Resources, Inc. C &S Design Build, Inc. C &S Plumbing & Mechanical LLC K &D Leasing, Inc. C &S Crane & Rigging, Inc. Approach Associates LLC Add Waiver of Transfer of Right of Recovery Against Others to Us. This endorsement modifies insurance provided under the business Auto Coverage Form and Business Auto Physical Damage Coverage Form. With respect to coverage provided by this endorsement, the provisions of the coverage form apply unless modified by the endorsement. This endorsement changes the policy effective the date indicated above. Name of Organization (s): "BLANKET AS REQUIRED BY WRITTEN CONTRACT" The Transfer of Rights of Recovery Against Others To Us Condition does not apply to the organization(s) shown above, but only to the extent that subrogation is waived prior to the "accident' or "loss" under a written contract with that organization. CG0224 10/93 - 30 day notice is added for: Name: Blanket as required by written contract. Address: As per list of names and addresses to be provided by retail broker at time of notice. IL 12 01 11 85 Copyright, Insurance Services Office, Inc., 1983 Page 1 of 1 ❑ Copyright, ISO Commercial Risk Services, Inc., 1983 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 00 03 13 POLICY (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required by written contract 3,085 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 7/1/2013 Policy No. RWC3300674 Endorsement No. WC 00 03 13 Insured C & S Technical Resources Inc Premium $ Insurance Company Rochdale Insurance Company Countersigned by © 1983 National Council on Compensation Insurance. M ERCHAIVTS SURANCE GROUP Policy Number CUP0000528 Policy Period 07/01/13 TO 07/01/14 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we ", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking damages for such "bodily injury" or "prop- erty damage" when the "underlying insurance" does not provide coverage or the limits of "under- lying insurance" have been exhausted. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other "suit" seeking damages to which this insurance may apply. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. At our discretion, we may investigate any "occurrence" that may involve this insurance and settle any resultant claim or "suit ", for which we have the duty to defend. But: (1) The amount we will pay for the "ultimate net loss" is limited as described in Section III - Umits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or per- form acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section 11 - Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" dur- ing or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section 11 - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage "; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include dam- ages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CU 00 01 12 04 © ISO Properties, Inc., 2003 Pagel of 15 ❑ K ERCHAIVTS SURANCE GROUP (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the owner- ship, maintenance, or use of "covered autos ": a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire, or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto ". This exception does not apply if the "covered auto" is a trailer or semi - traitor connected to a "covered auto" you own. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees ", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees ", while moving property to or from a "covered auto ". (5) A partner (if you are a partnership), or a mem- ber (if you are a limited liability company) for a "covered auto" owned by him or her or a mem- ber of his or her household. (6) "Employees" with respect to "bodily injury" to any fellow "employee" of the insured arising out of and in the course of the fellow "employ- ee's" employment or while performing duties related to the conduct of your business. c. Anyone liable for the conduct of an insured described above is also an Insured, but only to the extent of that liability. 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this insurance. If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance required by the contract, less any amounts payable by any "underlying insurance ". Additional Insured coverage provided by this insur- ance will not be broader than coverage provided by the "underlying insurance ". No person or organization is an insured with respect to the conduct of any current or past partnership,. joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Poiicv Number CUP0000528 Policy Period 07/01/13 TO 07/01/14 SECTION 111 - LIMITS of INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regard- less of the number of: a. Insureds; b. Claims made, "suits" brought, or number of vehicles involved; or c. Persons or organizations making claims or bring - ing "suits ". 2. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss" under: a. Coverage A, except "ultimate net loss" because of "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a "covered auto "; and b. Coverage B. 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occur- rence". 4. Subject to 2. above, the Personal and Advertising injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of ail "personal and advertising injury" sustained by any one person or organization. The Aggregate Limit, as described In Paragraph 2. above, applies separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COND17IONS 1. Appeals If the "underlying insurer" or insured elects not to appeal a judgment in excess of the "retained limit ", we may do so at our own expense. We will be liable for taxable costs, pre- and posijudgment interest and disbursements. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy of the "underlying insurer" will not relieve us of our obligations under this Coverage Part. CU 00 01 12 04 © iSO Properties, Inc., 2003 Page 9 of 15 ❑ Policv Number EACHA1\I7�S CUP0000528 Policy Period I9NS_URANCE GROUP 07/01/13 TO 07/01/14 Merchants Mutual Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Primary and Non - Contributing Insurance (Third Party) This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) INSURED: C & S TECHNICAL RESOURCES INC ENDORSEMENT EFFECTIVE: 07/01/13 (12:01 a.m.) This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Section IV Conditions, item 5, Other Insurance and all sub -parts thereof, is deleted and replaced with the following as respects the Additional Insured shown below: Section 1V - Conditions 5. Other Insurance With respect to the Additional Insured shown below, the insurance provided by this policy is excess only over such coverage as is provided the Additional Insured by 'underlying insurance' listed in the schedule of 'underlying Insurance" of this policy. No other insurance available to the Additional Insured shall be primary to or contributory with this insurance. Rather, any such other insurance shall be considered excess of the insurance provided by this policy. The Third Party to whom this endorsement applies is: Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work. All other terms and conditions of this policy remain the same. MU 86 22 05 09 Pagel of 1 ❑ Policy Number MCHANTS CUP0000528 Policy Period GROUP 07/01/13 TO 07/01/14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOW FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance applies to: PER PROJECT AGGREGATE, PER PRIMARY POLICY (WESCO INSURANCE) AND REQUIRED BY WRITTEN CONTRACT Coverage is provided only if valid "underlying insurance" for the above listed coverage exists or would have existed but for the exhaustion of the underlying limits for "bodily injury", "property damage ", and "personal injury". Coverage provided will follow the provisions, exclusions and limitations of the "underlying insurance ". MU 79 28 07 03 Pagel of 1 ❑ Policv Number gLACHANTS CUP0000528 Policy Periol l URANCE GROUP 07/01 /13 TO 07/01 /14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CU 24 03 09 00 Copyright, Insurance Services Office, Inc., 2000 Pagel of 1 ❑