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HomeMy WebLinkAbout2016 - ContractCERTIFICATE OF PROJECT COMPLETION Date Accepted: 09/01/17 Project Name & #: Hangar C #A1451 Total Project Expenditures: $ 1,707,919.37 Project Location: Airport — 214 Airport Drive East Contractor(s): Ahrens Enterprises / Misc — see attached list Contract Amount(s): $ 1,225,511.80 / $ 482,407.57 Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility as stipulated in the contract as it relates to bond performance, payment of subcontractors, release of liens, maintenance and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being complete. 11/ 1 Project Manager Date Building Of' al if applicable) Date City Cbfk Date FPOI[Cin ,MI,FIYMT.NC FWi1Nrv)AI-0[91 it; i,IM.W ,6YSOJfim6,1.fi11FMiOiNY M [YO)PY119RI.5111[MUYneNSImm PSiI 6imr 51.>a[Mw 4sbmm]3m r.Y511auYami .m.rwlM1r+rwr.v.rwn .YOKWWI,I[SIIWbb6FWnivX1 vT oqn .n]. n«�[r«,r.rrv«n. r.Y.rae. b.. n. warm mamf5 «)QErmlwam i mmY i aemtl i r.Yl.n emn« mm'n mY) n«xarcaw.rr vrxssv WrlPaevb..Ye. .anm .mem WWnENJ.tlmia«I t nel[Ar ) FYrT S xaitl mxu« 9 sY.M1 ..Z M1. )Ea.m r ry nannwM • r«ro rn�ar. suFy� .YY wnnrs Yrtl nu .�aorrw�rrre.n .Mmrarbb_k. 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Ys,on.m s w.m,. smrml.r. mrzsrn Y.n Er« 1.. ~ EiWrr.etlM1T.unCru w.nr-wen M.. FrwpwG alls.Y Y«fr4 M. Wn c e[P.vq run. dnl rM.M1N raN .1.WµeF]us MiFrp...p mvu« «u aEa r«.rar�brv..c u.sErrr.w rIIY1m IRKumi Flo'Ew.YnvrrT ) ae.«am t rYlfras t YIDm «Sp)4) «ln.« rgarxx I}KTFA] Al«AYfI VMVJ ioiw {r rvaure ar {a»'�_.�+« {Nl,wm { rpany ,rra.nM1M1 m cyerrs{v rlh.wgl { srmrtl« nn mf N rmtK.m Ynr.n wvnm unen.0 r.nr.orur aTV0F HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772-388-8200 — FAX 772-581-0149 igriffin gckyofsebastian.org — www.cityofsebastian.org 23 August 2016 Richard Ahrens Ahrens Companies 1461 Kinetic Rd. Lake Park, FL 33403 RE: Sebastian Municipal Airport; Hangar "C" Construction Project NOTICE TO PROCEED Mr. Ahrens: This letter serves as your Notice to Proceed on the subject project. The effective date of the NTP is Monday, the 29th August 2016. You have 200 consecutive calendar days (until 13 March 2017) to complete the project. The City Project Manager is Frank Watanabe, P.E. His office number is 772-388-8228; Email: FWatanabe@cityofsebastian.org. The project overseer and Airport Manager is Scott Baker. His cell number is 772-633-0897; Email: RBaker@cityofsebastian.org. I look forward to the efficient, safe and expeditious completion of this project. With Regards, Joe Griffin City Manager aTV0F HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225 MAIN STREET — SEBASTIAN, FL 32958 PHONE 772-388-8200 — FAX 772-581-0149 igriffin gckyofsebastian.org — www.cityofsebastian.org 23 August 2016 Richard Ahrens Ahrens Companies 1461 Kinetic Rd. Lake Park, FL 33403 RE: Sebastian Municipal Airport; Hangar "C" Construction Project NOTICE TO PROCEED Mr. Ahrens: This letter serves as your Notice to Proceed on the subject project. The effective date of the NTP is Monday, the 29th August 2016. You have 200 consecutive calendar days (until 13 March 2017) to complete the project. The City Project Manager is Frank Watanabe, P.E. His office number is 772-388-8228; Email: FWatanabe@cityofsebastian.org. The project overseer and Airport Manager is Scott Baker. His cell number is 772-633-0897; Email: RBaker@cityofsebastian.org. I look forward to the efficient, safe and expeditious completion of this project. With Regards, Joe Griffin City Manager NIELSON, HOOVER & COMPANY, INC. August 8, 2016 �, R Mr. Jim Romanek :L Procurement/Contract Manager 2 The City of Sebastian 1225 Main Street z Sebastian, FL 32958 0 r UJ RE: Ahrens Enterprises, Inc. d jb/a Ahrens Com aanies CLI Bid Extension for: Citv of Sebastian Municipal Airnort Hanear "C" 7_ Dear Mr. Romanek: 0 C6 Please be advised that we, Berkley Insurance Company, as surety honor and do CC LU hereby concur with the validity of the captioned bid bond and therefore, it is o hereby extended for an additional ninety (go) days from August 8, 2016 to s November 8, 2016. z 0 LLJ It is our understanding that Ahrens Enterprises, Inc. d/b/a Ahrens Companies w will adhere to their prices set forth in their April 12, 2016 bid. Thank you and if you have any questions or need additional information, please feel free to contact LL our office any time. LLLU LU Very truly yours, f- z z ° Brett Rosenhaus, Attorney -in -Fact r_ ° Berkley Insurance Company z a BR:km cc: Mr. Richard Ahrens Ahrens Enterprises, Inc. d/b/a Ahrens Companies 8000 Governors Square Boulevard Suite 101 Miami Lakes, FL 33016 P: 305.722.2663 F: 305.558.9650 r 1cl5v^b. -117 - corn No. BI -282a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles A Nielson; Charles D. Nielson; or Joseph P. x Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars G (U.S.S100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected -D officers of the Company at its principal office in their own proper persons. J This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following CJ resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 20I0: ° RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief r c Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the :~ manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and c further o RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any a power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any .� person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have aceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has ca ed th se presents to be signed and attested by its appropriate officers and its 0 o corporate seal hereunto affixed thi42 day of � ,x , 2016. U Attest: Berkley Insurance Company .a (Seal) By By AliL, o ' . ra S. LedermanJe Rafter Senior Vice President & Secretary S i e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY' SECURITY PAPER. y STATE OF CONNECTICUT) a•� 2 ) ss: CU ° COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this Away of 2016, Ira S. Lederman and Jeffrey M. Hafler who are sworn to me to be the Senior Vice President and Secreta, and The Senior Vice esi nt, respectively, of c `� Berkley Insurance Company. MARIA C. RUNDBAKEN C'.* NOTARY PUBLIC a MY COMMISSION EXPIRES APRIL 30, 2019 ate Notary Public, Stof Connecticut U —CZ CERTIFICATE z. I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded 3 and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this ::V day of (Seal) Andr u CONSTRUCTION SERVICES AGREEMENT THIS AGREEMENT made this I04,h day of 2016, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, and ("City") and Ahrens Enterprises, Inc. d/b/a Ahrens Companies, 1461 Kinetic Rd., Lake Park, FL 33403 ("Contractor.") authorized to do business in the State of Florida. WHEREAS, the City desires to engage a Florida licensed contractor who has special and unique competence and experience in providing construction services 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 win 0161 al►`ft�i]aTiZi7►llY7:L 1 i�7 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 to provide construct a prefabricate metal Hangar at the Sebastian Municipal Airport. This Agreement is not an exclusive agreement and the City may employ other contractors, professional or technical personnel to furnish services for the City as the City in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the City and the Subcontractor(s), or, between any person or firm other than the City and Contractor. The Contractor shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 AGREEMENT DOCUMENTS The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Notice of Invitation to Bid, Instructions for Bidders, Bid Proposal, Bond Forms, Bid Specifications and Scooe of Work, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. 2.1 INTENT 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 A-/ otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. 2.3 AMENDMENTS The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 DEFINITION OF TERMS 3.1 GENERAL Whenever the following terms appear in these Agreement Documents, their intent and meaning shall, unless specifically stated otherwise, be interpreted as shown. 3.2 ACT OF GOD The words "Act of God" mean an earthquake, flood, hurricane (or other named tropical event), tornado or other cataclysmic phenomenon of nature. Rain, Wind or other natural phenomenon (including tropical waves and depressions) of normal intensity for the locality shall not be construed as an Act of God. 3.3 ADDENDUM (re: bid documents) A modification of the plans or other contract documents issued by the Owner and distributed to prospective bidders prior to the opening of bids. All Addenda shall be considered as part of the Contract Documents. A-2 3.4 AGREEMENT A written agreement is between the Contractor and the City of Sebastian 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 The bid or proposal is the written offer of a Bidder to perform work described by the contract documents when made out and submitted on the prescribed proposal form properly sealed and guaranteed. The bid or proposal shall be considered as part of the Contract Documents. 3.7 BID BOND or PROPOSAL GUARANTEE Bidder is required to submit a Bid Bond or Proposal Guarantee in the amount of 5% of the Base Bid, in the form of a Cashier's Check, Unconditional Irrevocable Letter of Credit drawn in favor of the City of Sebastian on a National Bank, or a bond from a surety company duly licensed in the State of Florida. 3.8 BIDDER An individual, partnership, or corporation submitting a proposal for the work contemplated; acting directly or through a duly authorized representative. 3.9 CHANGE ORDER A written order issued to the Contractor by the City 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, and/or to cover 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 its heirs, executors, administrators, successors and assigns, or the lawful agent of any such individual, firm, partnership, covenant or corporation, or its surety under any contract bond, constituting one of the principals to the Contract and undertaking to perform the work herein. 3.12 DIRECTED, ORDERED, APPROVED & ETC. Wherever in the Agreement Document the words "directed", 'ordered", "approved", "permitted", "acceptable", A-3 or words of similar import are used, it shall be understood that the direction, order, approval or acceptance of the Owner is intended unless otherwise stated. 3.13 ENGMER A Professional Engineer duly licensed and registered in the State of Florida and designated by the City as the Engineer -of -Record. 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 independent laboratory designated by, or acceptable to the City to perform necessary testing of materials for this project. All testing will be the responsibility of the contractor to hire a licensed testing firm to conduct any testing which is included in the price of various bid items. 3.17 OWNER City of Sebastian 3.18 PERFORMANCE AND PAYMENT BONDS Contractor is required to submit bonds in the form prescribed by State Law, and generally as shown on sample forms herein, for Performance and Payment. 3.19 PLANS The official approved engineering plans, including reproduction thereof, showing the location, character, dimensions and details of the work to be done. All shop drawings submitted by the Contractor shall be considered as part of the contract documents. 3.20 PROPOSAL The proposal or bid is the written offer of a Bidder to perform the work described by the Contract Documents when made out and submitted on the prescribed proposal form, properly signed and guaranteed. The proposal or bid shall be considered as part of the contract documents. 3.21 SPECIAL CONDITIONS Special clauses or provisions, supplemental to the Plans, Standard Specifications and other contract documents, setting forth conditions varying from or additional to the Standard Specifications for a specific project. A-4 3.22 SPECIFICATIONS The directions, provisions, and requirements together with all written agreements made or to be made, setting forth or relating to the method and manner of performing the Work, or to the quantities and qualities of materials, labor and equipment to be furnished under the Agreement. 3.23 SUBCONTRACTOR An individual, partnership or corporation supplying labor, equipment or materials under a direct contract with the contractor for work on the project site. Included is the one who supplies materials fabricated or formulated to a special design according to the plans and specifications for the particular project. 3.24 SUPPLEMENTAL AGREEMENT A written understanding, or proposal and acceptance, executed between the City and the Contractor subsequent to execution of the Agreement herein with the written consent of the Contractor's Surety, relating to the work covered by the Agreement and clarifying or furthering the terms thereof. A modification to the Agreement shall be made by Contract Addendum. 3.25 SURETY Surety is a corporation qualified to act as surety under the laws of Florida, who executes the Contractor's Performance and Payment Bonds and is bound with the Contractor for the acceptable performance of the contracted work and for the payment of all debts pertaining thereto. 3.26 WORK, (The) or PROJECT, (The) The public improvement contemplated in the Plans and Specifications, and all actions necessary to construct the same. 3.27 WORK ORDER Work orders are work instructions including specifications 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. Any Work Orders considered to be Change Orders of any kind shall be in writing and address, at a minimum, any changes in the scope of work and the related impact on Contract Price / Cost and Time / Schedule. A -S ARTICLE II - Performance 4.0 PLANS, SPECIFICATIONS AND RELATED DATA 4.1 INTENT OF THE SPECIFICATIONS The intent of the Plans, Specifications, Work Orders and other Contract Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work shown on the plans and described in the Specifications and other Contract Documents and all incidental work considered necessary to substantially complete the Work ready for use, occupancy, or operation in a manner acceptable to the City. 4.2 CONFLICT In the event of any inconsistency, discrepancy or conflict between the Agreement, Plans, Specifications, and other Contract Documents, the Agreement shall prevail and govern over all except a subsequently executed Contract Addendum; in the event of an inconsistency, discrepancy or conflict between the Plans and Specifications, the Specifications shall prevail and govern. 4.3 DISCREPANCIES IN PLANS Any discrepancies found between the Plans, the Specifications and site conditions, or any errors or omissions in the Plans and Specifications, shall be immediately reported to the Engineer and City. The City Engineer shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in the Plans and Specifications may be made by the Engineer when such correction is necessary for the proper fulfillment of their intention as construed by the City Engineer. Where said correction of errors or omissions, except as provided in the next two (2) paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the Paragraph 10.7 CHANGES IN THE WORK below, except where the additional work may be classed under some item of work for which a unit price is included in the proposal. The fact that specific mention of any part of work omitted in the Specifications, whether intentionally or otherwise, when the same clearly shown on the Plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for in the Plans and Specifications. All work indicated on the Plans and not mentioned on the Specification or vice versa, all work and material usual and necessary to make the Work complete in all its parts, whether or not they are mentioned in the Specifications, shall be furnished and executed the same as if they were called for in both Plans and Specifications. The Contractor will not be allowed to take advantage of any errors or omissions in the Plans and technical provisions of the Specifications. The Engineer will provide full information when errors or omissions are discovered. 4.4 PLANS AND SPECIFICATIONS AT JOB SITE One (1) complete set of the Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings and samples shall be maintained at the job site, in good order and annotated to show all changes made during the construction process, and shall be available to the Engineer and City at all times. A final copy thereof, A-6 along with "as -built" record drawings, operations and maintenance manuals, and data sheets, shall be delivered to the Engineer upon the completion of the Work. 4.5 DIMENSIONS Dimensions and project limits will be field measured in advance of the project with city staff from the projects limits of the golf course. Where the work of the Contractor is affected by finished dimensions, these shall be verified by the Contractor at site, and he shall assume the responsibility for their use. 4.6 SAMPLING AND TESTING Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the Contractor, except where indicated otherwise. The Contractor shall furnish any required samples without charge. The Contractor shall be given sufficient notification of the placing of orders for materials to permit testing. As an exception to the above, when the Contractor represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re -testing shall be at the Contractor's expense, billed at the Testing Laboratory's standard rate for individual tests. It is expected that all inspections and testing of materials and equipment will be done locally. If the Contractor desires that inspections for tests be made outside of the local area, all expenses, including per diem for the Engineer or Inspectors, shall be borne by the Contractor. 4.7 SHOP DRAWINGS (If Required) The Contractor shall provide shop drawings, setting schedules, and other drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Specifications or Engineer's instructions. Deviations from the Plans and Specifications shall be called to the attention of the City at the time of the first submission of shop drawings and other drawings. The City's approval of any shop drawings shall not release the Contractor from responsibility for errors, corrections of details, or conformance with the Contract. Shop drawings shall be submitted according to the following schedule: (a) Seven (7) copies shall be submitted to the City at least thirty (30) days before the materials indicated thereon are to be needed or earlier if required to prevent delay of work or to comply with subparagraph (b). (b) The City shall, within fourteen (14) days of the submittal of any shop drawings, return three (3) 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. (c) The Contractor shall then correct the shop drawings to conform to the corrections and changes requested by the City and resubmit six (6) copies to the City. (d) Three (3) 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. A-7 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 the Specifications, unless he has called the City's attention, in writing, to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The Contractor shall check the work described by the catalog data with the Contract Documents for deviations and errors. It shall be the responsibility of the Contractor to insure that items to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the Contractor to install the equipment to operate properly, and in harmony with the intent of the Specifications, and to make all changes in the Work required by the different arrangement of connections at his own expense. 4.10 SUBSTITUTION OF EQUIPMENT AND/OR MATERIAL After the execution of the Contract Agreement, the substitution of equipment and/or material for that specified will be considered if: (a) The equipment and/or materials proposed for substitution is determined by the City to be equal or superior to that specified in the Contract; (b) Unless determined to be of superior quality, the equipment and/or material proposed for substitution is less expensive than that specified and that such savings to the City, as proposed by the Contractor, are submitted with the request for substitution. If the substitution is approved, the Contract price shall be reduced accordingly; and A-8 (c) The equipment and/or material proposed for substitution is readily available and its delivery and use, if approved as a substitution, will not delay the scheduled start and completion of the specified work for which it is intended or the scheduled completion of the entire work to be completed under the contract. No request will be considered unless submitted in writing to the City and approval by the City must also be in writing. To receive consideration, requests for substitutions must be accompanied by documentary proof of the actual difference in cost to the Contractor in the form of quotations to the contractor covering the original equipment and/or material, and also equipment and/or material proposed for substitution or other proof satisfactory to the City. It is the intention that the City shall receive the full benefit of the saving in cost involved in any substitution unless the item is substituted for one designated in the Specifications by specific manufacturer's name and type, in which case one-third of the savings shall accrue to the benefit of the Contractor. In all cases, the burden of proving adequate proof that the equipment and/or material offered for substitution is equal or superior in construction and/or efficiency to that named in the Contract shall rest on the Contractor and the proof will be submitted to the City. Request for substitution of equipment and/or material which the Contractor cannot prove to the satisfaction of the City, at its sole discretion and judgment, to be equal or superior in construction and/or efficiency to that named in the Contract will not be approved. 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 or superior quality and performance which is acceptable to the Engineer and City and is currently available, at no increase in Contract price. 5.2 STORAGE OF MATERIALS Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property zoned for or adjacent to land zoned for residential uses shall not be utilized for storage purposes without special prior arrangement. 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 or superior 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 A-9 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 WORKERS All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any supervisor or worker employed by the Contractor or subcontractors who, in the opinion of the Engineer or the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of its 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. Contractor 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 Engineer's surveillance. 5.7 CLEANING UP The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. At the completion of the Work, contractor shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the Work "broom clean" or its equivalent, unless more exactly specified, and shall 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 A-10 become the sole property of the City as installed. These provisions shall not be construed as relieving the Contractor from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the City to require the fulfillment of all the terms of the Contract. 5.9 GUARANTEE The Contractor shall warrant all its material and equipment furnished and work performed for a period of one (1) year from the date of final written acceptance of the Work by City. Satisfaction of warranty work after final payment shall be as per Paragraph 10.15. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the Engineer for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 6.0 CONSTRUCTION STAKING TO BE PERFORMED BY CONTRACTOR 6.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS Adequate field notes and records shall be available for review by the City and Engineer as the Work progresses and copies shall be available if necessary. Any inspection or checking of the Contractor's field notes or layout work by the City and the acceptance of all or any part thereof, shall not relieve the Contractor the responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the Contractor shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 6.2 CONTROL POINTS FURNISHED BY THE CITY The City will provide boundary or other control points and bench marks as shown on the Plans as "Contractor's Survey Control Point", if any is provided. The Contractor shall be responsible for all survey control of his work during construction. The Contractor shall preserve all reference points and benchmarks furnished by the City. 6.3 FURNISHING OF STAKE MATERIALS The Contractor shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 6.4 LAYOUT OF WORK Utilizing the control points furnished by the City in accordance with Paragraph 6.2, the Contractor shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the 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 contract items. 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 records for the Project. A-11 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 grade per Specifications. For construction stakes and other control, references shall be set at sufficiently frequent intervals to assure that all components of a structure are constructed in accordance with the lines and grades. 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. 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 any damage caused to utilities by Contractor forces 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. 7.0 PROGRESS AND COMPLETION OF WORK 7.1 CONTRACTOR'S OBLIGATION Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. Contractor currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract A-12 Documents. Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with Contractor. Contractor shall indemnify, defend and hold City harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the City. 7.2 START OF CONSTRUCTION The Contractor shall commence work on the date specified in the Notice to Proceed subsequently issued by the City, or as specifically noted in any Contract Addendum. However, in no case shall the Contractor commence work until the City has been furnished and acknowledges receipt of the Contractor's Certificates of Insurance and a properly executed performance and payment bond as required. 7.3 CONTRACT TIME The contractor shall complete, in an acceptable manner, all of the Work in the time stated in the Contract Agreement and any Addenda or Change Orders thereto. The contract time is 200 consecutive calendar days from start of work date. 7.4 SCHEDULE OF COMPLETION The Contractor's schedules are subject to the approval of the City, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. Said schedules shall be submitted within ten (10) days of the execution of the agreement by the City except when requested otherwise and shall be updated and resubmitted to the City on the twenty-fifth (25th) day of every month with the Contractor's pay request. 7.5 COORDINATION OF CONSTRUCTION/PRECONSTRUCTION CONFERENCE The Contractor shall coordinate its 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 A-13 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 Contractor forces 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. 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 A -I4 extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 7.11 CORRECTION OF WORK Contractor shall, at no cost to the City, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of Contractor. Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations which Contractor might have under the Contract Documents. Establishment of the time period of one (1) year as described in Subparagraph 7.11(a) above relates only to the specific obligation of Contractor to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's remaining contractual obligations. 7.12 LIQUIDATED DAMAGES In the event Contractor violates or fails to perform any provision of the Contract Documents, then the City may elect to receive, and Contractor agrees to pay, liquidated damages in the amount of five hundred dollars ($500) per day beyond the agreed completion date. Inspection of the Work by the City and the subsequent issuance of a notice by the City indicating substantial completion will be the date used to signify work completion. If completion is beyond the schedule agreed upon, liquidated damages may be imposed by the City on the Contractor and will be withheld from payment. It is expressly acknowledged by Contractor that said payment shall not be interpreted nor construed as a penalty but is in fact a good faith attempt to fix damages which the City will suffer in the event Contractor fails to perform as required hereunder or violates any provision of the Contract Documents. 8.0 PUBLIC HEALTH AND SAFETY 8.1 PROTECTION OF PERSONS AND 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. A-15 B. Safety of Persons and Property The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. Fire hydrants on or adjacent to the Work shall be kept accessible to fire fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the City. The Contractor acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The Contractor will be required to conduct excavations for the Project that may be hazardous to person and property. The Contractor shall develop and implement a job safety and security plan that will adequately protect all property and the general public. Contractor shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the City or an adjacent property. 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. 8.3 ROAD CLOSURE AND DETOURS Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel of more than two (2) consecutive blocks, including the cross street intersected will not be permitted without specific authorization of the City. No road or street shall be closed to the public except with the permission of the City and proper governmental authority. When closing of roads is permitted, it shall require forty-eight (48) hours notification to the City. Traffic detours shall be pre -approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the Contractor when the job is located in a public or private street. 8.4 PROVISION OF ACCESS Where traffic must cross open trenches, the contractor shall provide adequate ingress and egress to dwellings, business facilities, utilities and service. Temporary provisions shall be made by the Contractor to insure the use of sidewalks. The Contractor shall provide suitable crossings at street intersections and driveways, and supply such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the Contractor shall remove all debris, excess materials, barricades and temporary Work leaving walkways and roads in said area clear of obstructions. 8.5 WARNING SIGNS AND BARRICADES The Contractor shall provide adequate signs, barricades, warning lights and flagmen, as required, and all such other necessary precautions for the protection of the Work and the safety of the public. All barricades and A-16 obstructions shall be protected at night by regulatory signal lights which shall be kept in operation from sunset to sunrise. Barricades shall be of substantial construction and shall be reflective to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades or detours exist. Unless so designated in the Bid Documents, no direct payment for this work will be made, but the cost of providing, erecting and maintaining such protection devices, including guards, watchmen and/or flagmen as required shall be considered as included and paid for in the various contract prices of the Work. Warning signs and barricades shall be in conformance with the State of Florida, Manual of Trac 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. 8.6 OPEN TRENCHES The Contractor shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches during construction. The Contractor shall be place construction hazard fencing along any open trenches during the construction work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the Engineer or the City. 8.7 PLACEMENT OF HEAVY EQUIPMENT The Contractor shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. All keys shall be removed from the machines during those times. 8.8 TEMPORARY FACILITIES AND CONTROLS The Contractor shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 8.9 SANITARY PROVISION The Contractor shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, and as may be necessary to comply with the requirements and regulations of the local and state departments of health. Such facilities shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The Contractor shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. 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. A-! 7 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 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 review prior to initiation and implementation of the plan. 8.13 WATER CONTROL The Contractor shall provide for satisfactory disposal of surplus water and shall submit a plan to the Engineer for 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 silting 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 and the applicable City's NPDES program for control of discharge of Total Suspended Matter, and shall prevent water and wind erosion of open excavations and swales. A -I8 ARTICLE III - Supervision and Administration 9.0 ENGINEER. CITY, CONTRACTOR RELATIONS 9.1 ENGINEER'S RESPONSIBILITY AND AUTHORITY All work done shall be subject to the construction review of the Engineer and City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Plans and Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Engineer who will resolve such questions. 9.2 ENGINEER'S DECISION All claims of a technical nature of the City or Contractor shall be presented to the Engineer for resolution. 9.3 SUSPENSION OF WORK The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the Contractor to carry out the provisions of the Contract or to supply materials meeting the requirements of the Specifications, or the action of a governmental agency, by serving written notice of suspension to the Contractor. In the event that the Engineer shall become aware of any condition which may be cause for suspension of the Work, the Engineer shall immediately advise the City of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. 9.4 CONSTRUCTION REVIEW OF WORK All materials and each part or detail of the Work shall be subject at all times to construction review by the Engineer and the City. The Engineer and the City may appoint inspectors. The Contractor will be held strictly to the true intent of the Specifications in regard to quality of materials, workmanship, and the diligent execution of the Contract. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer and the City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 9.5 FIELD TESTS AND PRELIMINARY OPERATION The Contractor shall perform the work of placing in operation all equipment installed under this Contract, except as specifically noted hereinafter. The Contractor shall make adjustments necessary for proper operation. 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. A-19 The City will conduct tests it deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be made by the City. Payment for testing to show compliance with specified requirements will be paid for by the City. The cost of retesting when materials and workmanship fail to meet specified requirements will be deducted from moneys due the Contractor. 9.6 EXAMINATION OF COMPLETED WORK The City may request an examination of completed work of the Contractor at any time before acceptance by the City of the Work and shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the Contractor's expense. 9.7 CONTRACTOR'S SUPERINTENDENT A qualified superintendent, who is acceptable to the City, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be considered given to the Contractor. In general, such communications shall be confirmed in writing and always upon written request from the Contractor. 9.8 CITY'S RIGHT TO CORRECT DEFICIENCIES Upon failure of the contractor to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the Contractor, the City may, without prejudice to any other remedy he may have, correct such deficiencies. The Contractor shall be charged all costs incurred to correct deficiencies. 9.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK In the event of any default by the Contractor, the City shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the Contractor stating the cause for such action. This Agreement may be terminated by the City without cause provided at least thirty (30) days written notice of such termination shall be given to the Contractor. In the event of termination, the City may take possession of the Work and of all materials, tools and equipment thereon and may finish the Work by whatever method and means it may select. It shall be considered a default by the Contractor whenever Contractor shall: (a) Declare bankruptcy, become insolvent or assign his assets for the benefit of his creditors. (b) Disregard or violate the provisions of the Contract Documents or City's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workmen or subcontractors, or proper materials, or fail to make prompt payment for same. A-20 9.10 RIGHTS OF VARIOUS INTERESTS Wherever work being done by the City's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the City, to secure the completion of the various portions of the Work in general harmony. 9.11 SEPARATE CONTRACTS The City may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting Contractor's work and to report to the City any irregularities that will not permit completion of work in a satisfactory manner. Contractor's failure to notify the City of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive related 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 subcontractors proposed for the Work. Subcontractors 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 its subcontractors and their direct or indirect employees, to the same extent as he is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors and the City. The Contractor shall bind every subcontractor by the terms of the Contract Documents. For convenience of reference and to 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, Contractor shall notify the Engineer and City of the emergency as soon as practicable, but 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 Saturday and Sunday work will be permitted, except in case of emergency, or with prior approval A-21 from City, and then only to such extent as is absolutely necessary to protect life or property. This clause shall not pertain to crews organized to perform restoration work which needs no verifying inspection, maintenance work on equipment, or to operate and maintain special equipment such as dewatering pumps which may be required to work 24 hours per day. All such night, Saturday and/or Sunday work must be authorized by the City. 9.16 UNAUTHORIZED WORK Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the Contractor's risk and will be considered unauthorized, and, at the option of the City, may not be measured and paid for. 9.17 USE OF COMPLETED PORTIONS OF THE WORK The City shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by the Engineer. If such use, occupancy, or operation increases the cost of or delays the Work, the Contractor shall be entitled to extra compensation, or an extension of time, or both, as determined by the Engineer. However, if Contractor has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 9.18 CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. 10.0 MEASUREMENT AND PAYMENT 10.1 DETAILED BREAKDOWN OF CONTRACT Except in cases where unit prices form the basis for payment under the Contract, the Contractor shall submit a complete breakdown of the contract amount showing the value assigned to each part of the Work, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. Upon approval of the breakdown of the contract amount by the Engineer and the City, it shall be used as the basis for all requests for payment. 10.2 REQUEST FOR PAYMENT The Contractor may submit to the City not more than once each month a request for payment for work completed. Where applicable, the Contractor may choose to submit a request for payment at the substantial completion of each work order. The City may elect to provide its own form for the Contractor to submit progress payment requests. The standard form provided by the City, or a form presented by the Contractor having received prior approval from the City, can be used for the submittal of a progress payment. The Contractor shall furnish the Engineer and the City all reasonable facilities required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. Each request for payment shall be computed from the work completed to date on all items listed in the detailed A-22 breakdown of the contract amount less previous payments and back charges. Progress payments on account of Unit Price Work will be based on the number of units completed at the time the payment request was dated by the Contractor. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the City has received the materials and equipment free and clear of all liens, charges, security interests and encumbrances, all of which shall be satisfactory to the City. No payments shall be made for materials stored on site without approval of the City. An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the City. Payment of the retainage shall be included in the Contractor's final pay request in accordance with Paragraph 10.14. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the City, but in no case earlier than completion of the Engineer's "punch list inspection". Any request for payment shall be accompanied by claim releases for work done or materials furnished in accordance with Paragraph 10.13. Prior to submission of any request for payment by the Contractor, the Engineer shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 10.3 CITY'S ACTION ON A REQUEST FOR PAYMENT Within thirty (30) days from the date of receipt of a request for payment the City shall do one of the following: (a) Approve and pay the request for payment as submitted. (b) Approve and pay such other amount of the request for payment in accordance with Paragraph 10.4 as the City shall decide is due the Contractor, informing the Contractor in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment in accordance with Paragraph 10.4 informing the Contractor in writing of the reasons for withholding payment. 10.4 CITY'S RIGHT TO WITHHOLD PAYMENT OF A REQUEST FOR PAYMENT The City may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the City, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and/or inspections the work is defective or has been damaged requiring correction or replacement. (c) In the event of a filing of a claim or lien, or information received by City of a potential filing of a claim or lien against the Contractor or City. (d) Failure of the Contractor to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The City has had to correct a defect in the Work, or there are other items entitling the City to a set-off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. A-23 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 there from after deducting all the costs and expenses that are incurred by the City. If the proceeds do not cover the expenses incurred by the City, such additional amounts may be set-off against any payments due Contractor. 10.7 CHANGES IN THE WORK A. Change Orders If conditions require a change in the scope of work or additional work varying from the original Plans or Specifications, such change shall be effected by the Contractor when the City issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, the change in the compensation to be paid the Contractor and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by the Engineer. All Change Orders shall address the impact of the change on both Contract Price / Cost and Contract Time / Schedule. Compensation to be paid to the Contractor for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the Contractor and accepted by the City. (b) By unit prices established and agreed to. (c) By unit prices established for additional kinds of work. (d) By other methods as 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. B. Claims Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the A-24 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. 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 Contractor pertaining to the canceled items before the date of cancellation or suspension of the Work. The Contractor shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Changes in the Work", but no allowance will be made for anticipated profits. Acceptable materials ordered by the Contractor or delivered on the site before the date of such cancellation or suspension shall be purchased from the Contractor by the City at actual cost and shall thereupon become the property of the City. 10.9 PAYMENT FOR WORK SUSPENDED BY THE CITY If the Work or any part thereof shall be suspended by the City as provided in Paragraph 9.3, the Contractor will then be entitled to payment for all work done except as provided in Paragraph 10.4. 10.10 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 merit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the Contractor or its Surety shall pay the difference to the City. The cost incurred by the City as herein provided shall include the cost of the replacement contractor and other expenses incurred by the City through the Contractor's default. In either event, all work done, tracings, plans, specifications, maps, computer programs and data prepared by the Contractor under this Agreement shall be considered property of the City. B. Termination by City Without Cause In the event the City without cause abandons, terminates or suspends this Agreement, the Contractor shall be compensated for services rendered up to the time of such termination 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. A-25 10. 13 RELEASE OF CLAIMS (INTERIM/FINAL) The Contractor shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by the City. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid, potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the City will notify Contractor of the outstanding claims of record and, if said completed form(s) are not supplied within thirty (30) days, the City shall make joint payments to the Contractor and outstanding claimants. 10.14 ACCEPTANCE AND FINAL PAYMENT When it is determined, as a result of a joint inspection of the Work by the Contractor, City, and Engineer that the Work has been completed in accordance with the terms of the Contract Documents, the Engineer shall certify completion of the Work to the City. At that time, the Contractor may submit the Contractor's final request for payment. The Contractor's final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. As a condition for Final payment, a Contractor's Final Affidavit must be received by the City along with his Final Payment Request and any as -built drawings which may be required. The Contractor shall furnish full and final releases of Claim for labor, materials and equipment incurred in connection with the Work, following which the City will release the Contractor except as to the conditions of the performance bond, any legal rights of the City, required guarantees and satisfaction of all warranty work, and shall authorize payment of the Contractor's final request for payment. 10.15 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. 11.0 PUBLIC CONTRACT REQUIREMENTS 11.1 COVENANT AGAINST CONTINGENT FEES The Contractor warrants that it 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 it 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 such A-26 person's personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 11.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. 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 this Agreement, the undersigned shall complete and submit Standard Form- "Disclosure Form to Report Lobbying" in accordance with its instructions. 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 will 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 its 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 include the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 11.7 COMPLIANCE WITH LAWS Contractor shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC § 1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85-624), The Safe Water Drinking Act Section 1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL 90-542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88-352),' The Age Discrimination Act (PL 94-135), Section 13 of The Federal Water Pollution Control Act (PL 92-500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101-336). A-27 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 $1,000,000. (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 Contractor 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 a 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 Contractor 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 Contractor 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 as an additional insured party, prior to the start of construction as provided in the Contract. 11.9 BOND (Required) The Contractor shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 11.10 PERMITS All City and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the City, except for Contractor's licenses and registrations, and dewatering permits that may be required by St. Johns River Water Management District (SJRWMD). Contractor shall secure a building permit if required by the City's Building Official. 11.11 LAWS TO BE OBSERVED The Contractor shall give all notices and comply with all federal, state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the City and Engineer against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by Contractor or its employees. The failure of the Contractor to adhere to any known law or regulation pertaining to famishing services under this Agreement shall constitute a material breach of this Agreement. The Contractor shall keep fully informed of all existing and pending state and national laws and municipal A-28 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, Contractor shall forthwith report the same to the Engineer and City in writing. Contractor shall at all times himself observe and comply with and cause all its 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 Contractor or its 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. 12.0 NHSCELLANEOUS 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 email (confirmed) or registered or certified mail to the parties at the address as either party may by notice designate. 12.2 WRITTEN NOTICE Written notice shall be considered as served when delivered to the designated representative of the Contractor and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in Bid Proposal. Change of Address: It shall be the duty of each party to advise the other parties to the Contract as to any changes in his business address until completion of the Contract. 12.3 TAXES Contractor shall pay all sales or other taxes of any type which 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 MIPORTANCE It is agreed and understood that time is of vital importance with respect to the completion date for the Work and all other provisions of the Contract Documents. 12.5 NO WAIVER OF LEGAL RIGHTS Neither the payment for, nor acceptance of the whole or any part of the Work by the City or representatives of the City, nor any extension of time, nor the withholding of payments, nor any possession taken by the City, nor the termination of employment of the Contractor shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the City of any of the Contractor's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 12.6 RIGHT TO WORK PRODUCT No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the Contractor, in the United States or in any other country. The City or its assigns shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the City. Any use of any plans and specifications by the City except the use reasonably contemplated by the City at the time the City entered this Agreement will be at the City's risk and Contractor, its officers, directors and employees, will be held harmless from such use. A-29 12.7 PUBLIC RECORDS FORM Contract Name: Project Description: 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: 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 aa�f�orm�at that is compatible with the information technology systems of the City. n n `/ Y w' Authorized Signature: (�(/('G,/�fn,�,jj(I ' Date: I 0 / ip Print K k c J pA Ji ID C ' ht Ef ti.FNS Title: Company/Firm: �k4(was Cd Ina / (jam CE -0 f) IF CONTRACTOR HAS A QUESTION REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 1-772- 388-8215 / E-MAIL jwilliams@cityofsebastian.org CITY OF SEBASTIAN, 1225 MAIN STREET, SE A TIAN,, FLORIDA. Authorized Signature: y� G Date: O �j b /ta/l Print 0� / 0� C • %� ff �� S Title: C�-(3 Company/Firm: 4ft2 NS CoppzA IN WITNESS WHEREOF the parties hereto have executed these presents this M4 day of uSf 2016. A-30 "EST-�-E�-��-' Annette, Williams;. MMC AppE;ved as ta-forri and legality for reli ce-by the City of Sebastian only: Robert A. Ginsburg, City Attorney Attest: (seal) THE CITY O=BA,STL4,N By:/41 � 4,/ r Joseph ri n, Ci anager CONTRACTOR AFm-ti�tS Compfw t �S Title: C -16b A-31 Construction of Hangar C Bid Due: No Later Than 2:00 P.M. on April 12, 2016 Bid Opening: Beginning at 2:00 P.M. on April IL 2016 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein and having attended a Pre -Bid Conference / Meeting, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is (are) inclusive of any Addenda which may have been issued prior to this submittal. By the signature below, the Vendor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Vendor agrees to enter into said 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 sixty (60) days following bid opening date. The City shall be entitled to liquidated damages in the amount of three hundred Dollars ($500.00) per day for every day that the Contractor is late in completing the work as stipulated in the agreement, and bidding documents. Said damages shall be deducted by the City from monies due Contractor. The contract time for the construction is 200 consecutive calendar days from start of work date. The Bid Items on the Project will be authorized for construction at the discretion of the City of Sebastian. Please complete the bid form sheet on the following page and submit. XAt.1 V-4m)rta, Rd, LAV -r- parK, YL 33LW3 Finn's Address: ,sy- A&3- °two 'stol - W0001 Telephone Number(s): Fu Nu nber(s): Arbara\6SY x esS*4e &7r,01 wrvtdR tattve (Please Type or Print) rgnatum o u ve LARC bigned A-9 Rii�nre�S O p�nrehStnts��anlnS.eoh. Email Address (es): Bid Proposal Form Construction of Hangar C Spec Description UOM Quantity Unit Value Extended Value Section Line No. GENERAL CONDITIONS 0100 insurance and Bonds LS 1 Sar. 3� aa•� 01000'S Mobilization, General Requirements, and LS 1 General Conditions 01500 Temporary Facilities and LS 1 Controls/Barricades bac . jai. ad HANGAR "C" BUILDING AND SITEWORK 02000's Improvements and Incidental Renovations LS 1 Complete to Provide for Construction of "C" Sebastian Municipal Airport Hangar - "Sitework" 01810 to Improvements and Incidental Renovations LS 1 13000 Complete to Provide for Construction of Sebastian Municipal Airport Hangar "C" - So.rL 5:9S41 100 -at d$41100 - "Vertical "Vertical Construction" 15000's Mechanical Systems LS 1 l01., y5,0.06 16000's Electrical Systems LS 1 1E 11% ci9y.o6 TOTAL BID I $ f, to S, ws A-10 AHRENS COMPANIES August 2, 2016 Scott Baker/Airport Manager Via email: sbaker(a)citvofsebastian.oro Joe Griffin/City Manager iariffin@citvofsebastian.orq City of Sebastian, Florida Sebastian Municipal Airport — Hangar C — Revised pricing based on value engineering After our meeting of July 25, 2016, we discussed design changes which include the following: A. Change building height to 23'-4". B. Change door system to an 80'-0"w x 22'-0"h hydraulic door system. C. Revised the foundation design. D. Change masonry wall to a one (1) hour masonry wall. Please note the fire sprinkler is on the attached list, Item #20. The pricing does not include sales tax on the pre-engineered building and hangar door system. These will be direct purchases by the City of Sebastian. Revised base, not including items on attached list unless.noted: ONE MILLION THREE HUNDRED THIRTEEN THOUSAND ONE HUNDRED DOLLARS EVEN ($1,313,100.00). We appreciate the opportunity and look forward to working with you and the City of Sebastian on this upcoming project. Please feel free to call us if you have questions or to discuss the matter further. Sincerely Ahrens Companies C.X'ft�� Richard C. Ahrens, CEO C: Jim Romanek via email: iromanek@citvofsebastian.oro Frank Watanabe, P.E. via email: fwatanabe@citvofsebastian.ora 1461 Kinetic Road, Lake Park, FL 33403-191 1 Office (561) 863-9004 Fax (561) 863-9007 Contractor License #CBC006515 ! } E | z - -§ |, ! ] �/« J }... L-1-5 ` !`z z ! ! ! |1. - E - t# _ _- -_/o ,!)/ 4z § E }\�/�� `'2 `\\ 1 \ j-// ) _ ! ; \\ §»k ) \ R { { ) ))) ) | - )§ §§) - { _ eqw1 DRUG-FREE WORKPLACE FORK[ The undersigned Contractor, in Mrdan�cp with Florida Statute 287.087 hereby certifies 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 bid 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 States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to 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: -70, Signature A•11 /O� I'ftN PUBLIC ENTITY CRUMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), F ORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the spaces) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 -133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process bemuse they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as 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 in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $ 10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENTOR AFFIDAVIT SHALL BE 3UBMIZ"TED CONCURRENTLY WITS YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION. OF YOUR QUOTE OR BID. A-!2 /44*\ SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. 14 ` &A for THE CITY OF SEBASTIAN. l t- -- - 2. This sworn statement is submitted by � � (name of en mittin sworn statement whose business address is �Y � g _L t� and (if applicable) its Federal Employer Iden ' cation (FW is, _ (If the entity has no FEIN, include the Social Sec 'ty Number of the uidvtdua s gams g this sworn statement: i1d d� •) 3. My name is (please print name of individual signing) and my relationship to the entity named above is 1 4. 1 understand that a "public entity crime" as defused in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement 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. S. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial 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 of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1Xa), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1Xe), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal e"111) power to enter into a binding Agreement and which bids or applies to bid on Agreements for the A-13 Q2 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. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) ✓ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative 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 theDepa G eral Servi - (Signature) Date: S / STATE OF FLORIDA COUNTY WeS /M & :6 The fore oing instrument was acknowledged before me this �rJ day of 2016 by �t��v�OGYCC3'.lc ��1r��ct'stc��— (title) on behalf of (name of partnership), a partnership. He/she is persona known to me or has produced as identification and did ( ) did not ()take an oath. —r Name: My Commission Expires: Commission Number: A-!4 MICHELE M-VAUCHN =' L MY COMMISSION # FF 048984 EXPIRES: September 21, 2017 �,�r, • � eonaed tnti Notary Public 11nde�wsiters I^1 /o""� BIDDER QUALIFICATION QUESTIONNAIRE ('Rus featri uued to be iccchcded ict the bid proposal atcbcnittaL However, oto arty cctcact Award, such Bidder Qualifccatim � the City.) Submitted by Name of General Contractor's License it ( ) An Individual ( ) A Partnership („),A Corporation Federal Identification # Principal Office Address: JAW Kire-14e. RimA_ .LAIAr- Pgrk, FL Ics (1) How many years has your organization been in business as a contractor under your present name? (2) How many years experience in road and utility construction work has your organization had as a contractofl e "J afs As a (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 Tie AmEountCoamletion Date Completion Date of Qwner (4) Have you ever failed to complete any work awarded to you? If so, where and why? A -IS O U v � SO o � _ cl O 3 ii¢� 'a 0© 3 o ON 00 110 C%4 U a47 dc • 0a0w tn c� oc�Vo 1�? • 00 M 4% O °ate° U i o o a,0 � o .0 N 2�i[� MO ' (o C114 4-4 • •.� �O v+3 ' .d 4 U rA O O b U o U 'O iii fl• a� M ~ O � � SO � _ cl 3 ii¢� 'a 0© o ON 00 110 C%4 a47 dc • 0a0w tn c� oc�Vo 1�? • 00 M 4% O �v� 9 U ,C14 �► en MC' . N 2�i[� MO ' (o C114 a� c G iii fl• M M ~ ^' O V m O Am O N .�.. � , CL IE cn OC O V o o V a c^ kn " N 69 � by c� ca� ~i w N c��•U 1.00 �+ Q co� O c•� �tn <Z a y r' . Aw �.� Uro �� 60 L.00 r " O o,� AQ •� ��� W'y c ? o y, bA 4) r••. O "pb • U wxNGn QTYV)ww"% tf'V 03 �N-*o laft1 (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. (6) Has any officer or partner of your organization ever failed to complete any construction contract handled in his own name? U so, state name of individual, name of owner and reason therefore. no (7) Give below any information which would indicate the size and capacity ofyour organization, including number of employees, equipment owned by your organization, etc., which are available for utilization on this Contract. Z) �N dao i s What is your bonding capacity? _ id �' _ � (9) What amount of your bonding capacity has been used as of the date of this bid? Al. 3 F 'Y S'a 0 o/P s I o d (10) How many applications for performance and payment bonds have you made in the last three (3) years? /a (11) How many of these applications were not approved? IVO Me— A.11 laetee- ��Ay.&hye„r (12) Have any claims been filed against your surety bond company in the last five (5) years? If so, describe the A-!6 ka /i"11% nature of the claims and give the names of the surety companies, dates of each claim, identifying numbers of each claim, amounts of each claim, and the status of each claim. (Use additional sheets if necessary.) (13) Have your company been in disputes or litigations in the last five (S) 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.) T)(W-6e— See I, the undersigned, do hereby declare that the foregoing statements are true and correct, all as of the date hereinafter set forth, and that those examining this document have my permission to contact any or all of those parties listed In this questionnaire. Incorrect or misleading statements in this questionnaire shall be grounds for a determination of non -responsibility with respect to such contractor. ################################################################################# (TYPE OR PRINT COMPANY Nrlt. , IPL !F6-�qOS (TYPE OR PRINT ADDRESS) A-17 A-COMPANIES . ,r "y a kn z �.-eo% April 13, 2016 Sebastian Municipal Airport Storage Building Bidder Qualification Question #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 sheet if necessary.) Ahrens Companies was recently involved in a lawsuit with a client regarding a roofing issue. On February 3rd 2016 the case was mediated and settled. Owner's NamelAddress/Phone # Thomas Gonzales TG Investments Cypress Creek Florida, LLC 1200 Cypress Creek Road Ft. Lauderdale, FL 33309 (561) 954-670-1500 /O%► 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-0007 Contractor License # CBC00651 7 Architect License # AA26000694 ® DATE {M1WDDIYYYY) AcoRV CERTIFICATE OF LIABILITY INSURANCE 12/28/2015 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS THIS HE POLICIES RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND R ALTER THE N OTHEEIISSUING NSURER(S)RDED BY TAUTHORIZED OW. THIS CERTIFICATE OF INSURANCE CERTIFICATE HOLDER.CONSTITUTE A CONTRACT BETWEEN ..cPRESENTATIVE OR PRODUCER, AND THE IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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). CONTACT Jodie Eber PRODUCER NAME: PHONE Extio(561) 746-4546 FAX p. (561)746-9599 Tequesta Agency, Inc. dba No.E-DMAIL jeber@te4uestainsurance.com Tequesta Insurance Advisors NAIc# 218 S US Hwy 1 , Ste 300 INSURER(S) AFFORDING COVERAGE Tequesta FL 33469 INSURER VALLEY FORGE INSURANCE A XV 120508 INSURED INSURER B :GREAT AMERICAN INSURANCE I A+ XIII Ahrens Enterprises, Inc . , DHA: dba Ahrens COMPanies lNsuRrm c :COLUMBTA CASUALTY INSURANCE A XV 1461 Kinetic Road INBURER D Lake Park FL 33403 1 INSURER F COVERAGES CERTIFICATE NUMBER:16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO DOCED NAMED MENT WITH RESPECT POTOLICY WHICHRTH IOD S INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 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. DD UBR( PO lyr EFF POUCY EXP LIMITS tLR I TYPE OF INSURANCE ! POLICY NVMasR 1,000,00 EACH OCCURRENCE S X COMMERCIAL GENERAL LIABILITY i DANA E T6 RERM s 100,00 A CLAIMS -MADE U OCCUR ! PREMISES a 1 1/1/2016 1/1/2017 M,iD pCP one S 5,00 R X, C , U INCLUDED 1 C40350055I3 j` PERSONAL 8 ADV INJURY S 1,000,00 X CONTRACTURAL LIABILITY 2,000,00 GENERAL AGGREGATE 5 j GEN'LAGGREGATE LIMrr APPLIES PER: 1,000,00 POLICY CE jECOT- u LOC PRODUCTS - COMPIOP AGG S l Deductible per Clatm Is 2,00 AUTOMOBILE LIABILITY ANY AUTO AUTOS SVNESCHEDULED D AUTOS NON-OWNED HIRED AUTOS H AUTOS g UMBRELLA UAB X OCCUR B EXCESS LIAR CLAIMS -MADE DED RF-TNTION S ISBI30252738 04 WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERrr- CECUTIVE W=75809481OFFICERIMEMBER EXCLUDED7 � N ! A A (Mandatory in NH) If yea. describe utter --- C i PROFESSICML LIABILITY j j ICS099429892 COM81 G SINGLE LIMITs BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE $ (Per accident) S 1/1/2016 1 1/1/2017 1/1/2016{ 1/1/2017 liz: L. 11 TE S 10 000 0C s Rw Lrrr ACCIDENT 5 1 000 O( SE - EA EMPLOYEd 3 1 000 0 ( sr_- anLtcY uklrT I s 1.00010( 4/28/2015 4/26/2016 $1,000,000 b1,000,0D0 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space Is rsqulred) FOR BID PURPOSES Each CZa: Ea Aggrega• SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 11 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE k Basten/JODIE� ©198&2014 ACORD CORPORATION. All ngnts resery ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) /O*Al1 KEN LAWSON, SECRETARY RICK SCOTT, GOVERNOR STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL LICENSING BOARD CATION CONSTRUCTION The BUILDING CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2016 AHRENS, RICHARD C AHRENS COMPANIES 1461 KINETIC ROAD LAKE PARK FL 33403-1911 ISSUED: 08/18/2014 DISPLAY AS REQUIRED BY LAW W SEQ # L1408180001201 KEN LAWSON. SECRETARY RICK SCOTT, GOVERNOR STATE OF FLORIDA. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BOARD OF ARCHITECTURE & INTERIOR DESIGN T r A w /� "x •_ �� ` � :tea '.' rAA28000894 r ^` The ARCHITECT CORPORATION Named below IS CERTIFIED Under the provisions of Chapter 481 FS. Expiration date: FEB 28, 2017 AHRENS ENTERPRISES, INC 1461 KINETIC ROAD LAKE PARK FL 33403 ISSUED: 01113=16 DISPLAY AS REQUIRED BY LAW /o*) SEQ # L1 501130001269 Issued to: AHRENS COMPANIES 1461 KINETIC ROAD LAKE. PARK FL 33408 Total Paid 148.05 r�'�i'. �� ..`•J :.i �-tea f A TAX RECEIPT MUST BE CONSPICUOUSLY DISPLAYED AT BUSINESS BUSINESS TAX OFFICIAL i TOWN OF LAKE PARK AHRENS, RICHARD C LOCAL BUSINESS TAX RECEIPT No: 03280 (561)863-9004 535 PARK AVENUE, LAKE PARK, FL. 33403 Date: 9/01115 ti2016 THIS TAX RECEIPT EXPIRES SEPTEMBER 30, 2016 Tax 49.35 r%-- A 16.. TOWN OF LAKE PARK AHRENS, RICHARD C LOCAL BUSINESS TAX RECEIPT N0' 03280 (561)863-9004 1 I 535 PARK AVENUE, LAKE PARK, FL. 33403 Date: 9/01/15 2016 THIS TAX RECEIPT EXPIRES SEPTEMBER 30, 2016 Tax 69.30 �AMAI�I l . Moore"; 1401 MIN= I Me KU LAKE PARK FL 33403 A0v1ty: WA010 WAREHOUSE - 5,000 SF OR LESS Issued to: AHRENS COMPANIES i 1461 KINETIC ROAD LAKE P6RK F.I. 33403. ,%& y Transfer Total Paid 69.30 TOWN OF LAKE PARK , No: AHRENS, RICHARD C LOCAL BUSINESS TAX RECEIPT 03280 (561)863-9004 535 PARK AVENUE, LAKE PARK, FL. 33403 Date: 9/011'15 0"2 6 THIS TAX RECEIPT EXPIRES SEPTEMBER 30, 2016 Tax 148.05 i Address: 1461 KINETIC RDPenalty _ Transfer LAKE PARK FL 33403 _ Activity: C0108 BUILDING CONTRACTORS, GENERAL _ Issued to: AHRENS COMPANIES 1461 KINETIC ROAD LAKE. PARK FL 33408 Total Paid 148.05 r�'�i'. �� ..`•J :.i �-tea f A TAX RECEIPT MUST BE CONSPICUOUSLY DISPLAYED AT BUSINESS BUSINESS TAX OFFICIAL i TOWN OF LAKE PARK AHRENS, RICHARD C LOCAL BUSINESS TAX RECEIPT No: 03280 (561)863-9004 535 PARK AVENUE, LAKE PARK, FL. 33403 Date: 9/01115 ti2016 THIS TAX RECEIPT EXPIRES SEPTEMBER 30, 2016 Tax 49.35 r%-- A 16.. TOWN OF LAKE PARK AHRENS, RICHARD C LOCAL BUSINESS TAX RECEIPT N0' 03280 (561)863-9004 1 I 535 PARK AVENUE, LAKE PARK, FL. 33403 Date: 9/01/15 2016 THIS TAX RECEIPT EXPIRES SEPTEMBER 30, 2016 Tax 69.30 �AMAI�I l . Moore"; 1401 MIN= I Me KU LAKE PARK FL 33403 A0v1ty: WA010 WAREHOUSE - 5,000 SF OR LESS Issued to: AHRENS COMPANIES i 1461 KINETIC ROAD LAKE P6RK F.I. 33403. ,%& y Transfer Total Paid 69.30 State of Florida Donartment of State I certify from the records of this office that AHRENS ENTERPRISES, INC. is a corporation organized under the laws of the State of Florida, filed on January 9, 1992. The document number of this corporation is V05323. I further certify that said corporation has paid all fees due this office through December 31, 2016, that its most recent annual report/uniform business report was filed on January 5, 2016, and that its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Fifth day of January, 2016 &0,4 11*MS046 -- 19 Secretary of'State Tracking Number: CC5864619788 To authenticate this certificatevisit the following site,enter this number, and then follow the instructions displayed. bttps:llservices.suabiz.org/Filings/Cerdficateofstatus/Certif cateAuthentication Qa CROF lipCity of Sebastian 1225 Main Street Sebastian, FL 32958 ___ •»� (772) 388-8228 HOME OF PELICAN ISLAND fax: (772) 388-8248 .:-..:.i.i..a.�.L•.l...r.:...'_.N.Y.i•'a�.....�:.SJY'�.".i-'[J�'Y_es:l`::w:�\::.�1..'-�.TalcLYt-:::�'_::Y'ii^::�:.;.�!..«:1.J'.':i'_1:::�:1/.�.13f�-il=ya:Ci..T.^.�::3 �L:�.:�.�::..:Y..-�.�'�'_ '.:_li'.=-::1'. �.�S.l'Jr... �: �T�:Y�C'.�.. �-�:SS:.+D...::...��..%w..•..: L':.G.e..�:..: April 8, 2016 ADDENDUM NO.2 Sebastian Municipal Airport Hangar C Construction The following will be considered as Addendum No.2 to the bid documents and specifications for the Bid 16-04 Construction of Hangar C The submittal due date has been extended to Friday April 15, 2015 at 2 nm. 1. Per the attached sketch, could you confirm the paving section detail to be used at the two locations shown where the storm drainage crosses the road. Is this pavement replacement to use the same paving section details as shown for the parking lot? Response: Yes. This pavement shall use the same pavement section as the parking lot. 2. Plans do not clearly specify the specifications for the Window. It appears from one detail that it is a storefront window. Based on size of the storefront frame shown it would only hold a %" glass. Not sure what the energy calcs require for the energy efficiency of the glazing at this window. Also, I would think you would want to specify an impact rated unit. Please provide complete specification with allowable manufacturers, frame specs, glazing specs, etc. Response: Specification 084113 Aluminum framed entrances and store fronts has been added and specification 08800 Glazing will replace 08800 Interior Glazing. 3. Is there any Federal Funding related to this project? Will Davis Bacon prevailing wage rates be required, we assume not if no Federal funding? Response: This project will not receive federal funding. Davis Bacon rates do not apply. 4. Plans do not call out any fire sprinkler or other fire suppression type systems. Please confirm this is correct. If not please provide design documents and specs. Response: No sprinkler system is included with this project. 5. During the pre-bid meeting it was mentioned that the project would have 200 calendar days from Notice to Proceed. It was further noted that Notice to proceed would be presented asap after City Council approval and that the necessary permitting would be the contractors responsibility and obtain within in the 200 calendar day duration. We do not find this reasonable as we have no control over the various agencies and their ability to expedite permitting. It is customary that the project duration starts once all permits are received, contract fully executed, and a NTP is provided. We would ask that the City acknowledge this concern and agree to commencement after receipt of all required permits. Response: The project construction period is 200 calendar days. Page 1 of 2 (AMN 6. Are the estimate earthwork figures listed in the table on sheet C3.1 inclusive of fluff and compaction? Response: These figures do not include provisions for shrinkage or expansion. 7. Does any of the exposed Primary and secondary steel get painted, or does it stay with the factory primer it comes with prior to erecting? Response: These will stay with factory primer. 8. Will the rolling doors get painted or do they stay factory finish. Response: Yes, these should be painted Please sign and return this Addendum No. 1 with the bid package due on or before Friday, April 15, 2016 at 2 pm at City Hall. ,ALI, Signature Date Page 2 of 2 CJTYOF City of Sebastian SLOASTKN 1225 Main Street ~ Z--:- Sebastian, FL 32958 (772) 388 -8228_ -_ fax: (772) 388-8248 HOME OF PELICAN ISLAND - - .rs: �:camas..�..a»,rn.�s.s:.tc::_��.r.�-c. o _.,, �._.: ;... aa� .-...•+a.:�_::�..o::.,,.s:a �.:..�:..:c... s.:+a:r..r_.c.rtorrTrr:s+:.....s::s-�.r:.s.-__r ..,._+r..:...r.:. s...-.�» ��:�..vt.�.......�..-.ca.+.....-s...i�s�..�..,..r.n.�.:-.._.. April 7, 2016 ADDENDUM NO.1 Sebastian Municipal Airport Hangar C Construction The following will be considered as Addendum No.1 to the bid documents and specifications for the Bid 16-04 Construction of Hangar C The submittal due date has been extended to Friday April 15, 2015 at 2 nm. 1. There is a conflicting size shown between the plumbing fixture schedule showing 6" TD and plumbing detail showing 12" TD. Please verify size to be used. Response: Trench Drain will be 12". 2. Is the Contractor required to provide the Builder's Risk Insurance for the project? Response: Builder's Rick Insurance is required for the project 3. Please confirm the correct liquidated damages amount per day. $500 or $300? Response: Per discussion at the pre-bid meeting, liquidated damages will be $500/day. 4. Is the Contractor be required to include "impact fees" in the bid proposal price? Response: Yes, contractor will include all impact fees for construction. S. Is there a requirement for DBE participation in this project? Response: We recommend bidders be "strongly encouraged" to attempt meeting the DBE goal of 9.91%. 6. There is a spec section 03360 for "Polished Concrete". There is sealed concrete in the finish schedule but, I do not see any indication of polished concrete in this project? Please clarify. Response: Disregard spec section, sealed concrete is correct. 7. Please clarify the intent of spec section 07811 Sprayed Fire Resistive Materials. Where will this material be required? Response: Disregard Spec section, Sprayed fire resistive materials is not required. 8. The hangar door spec section 08 34 20 indicates the hangar door opening is approximately 28'- 0" high. At the pre-bid meeting it was indicated that the hangar door would be 22'-10" high. Please confirm. Response: The Hangar door is 22'-10" tall. Specification 08 34 20 has been revised accordingly. 9. There is a spec section 08620 "Unit Skylights". There are no "skylights" indicated on the plans. The roof plan indicates translucent roof panels per the PEMB. Please confirm unit skylights are not part of this project. Response: Disregard Unit Skylight spec section, provide translucent panel as per PEMB manufacturer. 10. Sheet A1.2 Roof Plan: Detail 2 indicates interlocking standing seam profile. Roof Key Note #1 indicates an "R" panel. Please clarify which panel is to be provided? Response: Provide "R" panel as per PEMB manufacturer. Page 1 of 7 eaft� 11. Sheet P1.2 and P3.1: Both plans indicate 1" copper for the compressed air piping. There are two details on Sheet P-5.1 that indicate galvanized piping. Is the piping for the compressed air system to be copper or galvanized? Response: Compressed air piping shall be copper. 12. The room finish schedule calls for drywall at the Storage room. Is this correct and if so then to what height should the drywall be taken? Response: Provide GWB, not painted, to protect insulation in walls. Top of GWB to bottom of roof structure. 13. Spec 13 34 19 - 17 Section 2.9 A.1. says that the material be .0269 inch thick. This calculates out as a 23 gage material which the manufacturer's don't have. Do you want the roof to be manufacturer's standard 24 gage or a special 22 gage? Response: Standard 24 gage is acceptable. 14. Spec 13 34 19 - 18 & 19 Section 2.10, 2.11, 2.12 calls for the walls, liners, and soffits to be .0209 thick. This calculates out to a 25 gage which the manufacturer's don't have. Do you want these panels to be 24 gage or 26 gage? Response: 24 gage is acceptable. 15. Spec 13 34 19 - 19 Section 2.12 C.3. calls for the soffit panels to be 16" wide and 1.5" deep. Some manufacturer's only offer a soffit that is 12" wide and 1" deep. Is this acceptable? Response: Yes, this is acceptable. 16. Spec 13 34 19 - 17 Section 2.9 call for the roof to be a Standing Seam Type. Sheet A1.2 of drawings in Roof Key Notes #1, it calls for a Galvalume "R" panel roof. A "R" panel roof is not a standing seam, it is a exposed fastener. Is the roof to be a Painted (Kynar) Standing Seam Roof? Response: No, the roof is to be a R -panel roof system. 17. Sheet A1.2 of the plans show a total of 12 skylights on the drawing, but note 9 on Roof Key Notes say a total of 24. It also calls for them to be Tx 10' in size, which is not a standing seam size. What quantity of skylight do you want and do we use our standard translucent standing seam skylights? Response: Provide translucent panels as shown on plan. Quantity will be adjusted in Addendum. R -style metal panels available in 36" panel widths. As well as "Light Transmitting" R -style panels. 18. Sheet S0.0 under the Pre-engineered Metal Building notes (MB -4) Collateral Loads. Do you want the collateral load for the Hanger to be 6 psf and the collateral load for the offices to be 14.5 psf? Response: Yes, see below DESIGN THE ROOF FOR ADDITIONAL DEAD LOAD AS FOLLOWS: COLLATERAL HANGAR: MECHANICAL ALLOWANCE: 4.0 PSF SPRINKLER LOADS: 2.0 PSF COLLATERAL OFFICE: MECHANICAL ALLOWANCE: 4.0 PSF SPRINKLER LOADS: 2.0 PSF MISCELLANEOUS: 8.5 PSF 19. Sheet S4.0 shows spandrel beams at two locations supporting the masonry walls. The spandrel beam is shown as a vertical member with Gusset plates under for attachment to the masonry. Page 2 of 7 /Omwl� This places the loads on the weak axis of the beams. The pre-engineered metal building companies design their spandrels horizontal so that the load is in the strong axis (which is also more ecconomical), which will require a different attachment to the masonry. Is this acceptable and if so, how would you like the attachment to the masonry? Response: Refer to detail A/S4.0 attached 20. Sheet S0.0 MB -5 calls for a Building Drift of H/400. This will most likely cause the building to be designed as a fixed base in order to meet. Standard is usually a H/100 or H/200 in these conditions. Is the H/400 something that we must design too? Response: Do not fix base (foundation not designed for fixed base), see below SERVICEABILITY LIMITATIONS (50 YR. RETURN): BUILDING DRIFT: H/400 ROOF BEAMS: L/240 (OF TOTAL LOAD) fOw� 21. Sheet C6.1 "Landscaping Plan" indicates only sod and irrigation is by the Contractor. Please confirm. Response: The Contractor is responsible for providing the irrigation system in accordance with the performance specification included in the plans, and for providing the sod. The remaining landscaping work will be performed by the City. Note the Contractor shall also coordinate with the City with regard to the City's installation of the landscaping and the Contractor's installation of the irrigation well and system. 22. Referencing the question above. Please confirm that relocation of the oak trees indicated on Sheet C6.1 is to be provided by Others. Response: The relocation of the oak trees will be performed by the City. 23. Sheet A3.1, Detail 2, indicates "3 -HOUR FIRE RATED CMU WALL PER UL #U90412" REINF. CMU - CONFIRM WITH STRUCTURAL DWGS." Sheet S4.0, Detail A, Section At CMU Wall, indicates an 8" CMU block. Per UL #U904 the CMU block is indicated to be 7 5/8" min (8") block but, would require a 2 -hour rated CMU plus "loose masonry fill" (vermiculite/perlite) to achieve a 3 -hour rating. Please clarify if this wall will be 8" or 12" CMU. Response: All walls will be 8" cmu. 24. Does Contractor Staging and Parking area need to be silt fenced? Response: Yes. 25. Grass parking stabilization/base material specifications? Response: Refer to Specification P-152 for compaction requirements. 26. Interior stud wall sections call out Type 'X' drywall full height, no fire wall designations, is type 'X' required? Response: Type 'X' GWB is not required on interior partitions. 27. Provide height and material specification for bathroom wall tile. Response: Contractor to provide manufacturer color samples. Wall tile to be 12" x 12" tile full height on wet walls as shown in Toilet Room elevations 4/ A-1.4 and S/ A- 1.4. 28. Request to exclude Owner building signage installation. No schedule, type, weight, size, fastening, backing/support provided, Sign manufacturer shall install. GC to coordinate requirements of metal building only. Response: No sign is to be installed on the side of the hangar. Page 3 of 7 29. There is a clearance issue with OH door #115b and lean-to frame rafter. Response: Door to remain current height, once project is bid and metal building shop drawings are produced, we will coordinate between the door, steel frame and necessary door height. 30. Confirm OH doors '110d' and '115b' are manual or motorized, insulated or non -insulated. No designation on drawings, specifications show both in each case. Response: OH doors are insulated slat doors with electric motor operated, as per specification 08330. 31. Exterior component design pressures not provided. Please provide to confirm compliance with selected Product Approvals and/or the additional structural framed opening requirements. Response: Components and cladding ultimate wind pressures provided on sheet S0.0. 32. OH door recess/water stops not shown. Please provide detail on acceptable method/detail. Response: Details added to sheet A1.5. 33. Per A-3.1 1-1/2" steel angle shown along slab edge at OH door, is this required at both doors, provide acceptable anchoring method. Response: Details added to sheet A1.5. 34. Hangar door rail drainage shown, but no detail on construction, material, piping, or quantity given. If required for this application is a acceptable method to provide a small catch basin at the Northwest end of the door rail recesses, which can be extended to drain directly into the catch basin, the catch basin can be directly connected to 6" HDPE RWL system at the NW corner of the building. Response: 4" pipes shall be provided to connect rail drainage to the building downspout drains on the sides of the building. Sheet C3.1 has been revised to show the drain locations. 35. Confirm discrepancies between Floor Plan designations of Future Build outs vs. MEP plans. Provide further detail of limit of work, stubs, junction boxes. Response: Discrepancies are not evident between the plumbing and architectural drawings. Plumbing provides for future bathrooms and kitchen area. Limit of work, stubs and boxes is described in plumbing and architectural drawings. 36. Future bathrooms '113'and'114' exhaust fans cannot be installed yet, are the wall louvers to be provided/installed under this contract. Response: Yes, provide wall louvers at this time. 37. Provide further details for metal building wall acceptable installation methods for Impact -rated wall louvers and exhaust fans. Response: Metal building manufacturer to provide anchoring details that they find acceptable for impact -rated wall louvers. 38. Sheet P-0.1 indicates a 6" wide trench Sheet P-5.2 indicates a 12" wide trench, please indicate correct size. Response: A 12" wide trench shall be provided. 39. P-5.2 Trench Drain Inlet Detail indicates 10" DIP, confirm 4" DIP or Cl is acceptable as indicated thru balance of set. Response: A 4" DIP shall be provided. 40. Please confirm/add United Structures of America and Dean Steel Buildings as acceptable Pre- engineered Metal Building Manufacturers. Response: A substitution request will need to be filed for their consideration. Page 4 of 7 41. Vulcan Steel Structures respectfully requests your consideration in approving Vulcan as an approved pre-engineered metal building supplier for this project. Response: A substitution request will need to be filed for their consideration. 42. What areas are to have polished concrete floors? Response: No polished concrete floors in the building. Disregard specification. 43. Is there a lightning protection plan? Response: No lightning protection plan is provided. 44. The plans are calling for 3'x10' skylights in a 24" panel? Response: R -panel is also available in 36" wide by certain manufacturers. 45. Is 24 ga for the roof panel acceptable? Response: Yes, this is acceptable. 46. Your spec book has a section 07 18 00 "Traffic Coatings". What specifically are the traffic coatings. Are these the graffics that will be applied over the resinous flooring in the hanger? Response: Yes. 47. Your spec book has a section 07811 "Sprayed Fire Resistive Material. Is this applicable to this project. The plans do not show where it would be applicable. If it is applicable to the project please show specific locations where applicable and detail sketch. Response: Disregard the specification. 48. Your plan sheet G0.02, note #21 infers there is a wet fire sprinkler system. Please confirm your statement at the pre bid is still correct, which stated no wet fire sprinkler system nor any other fire suppression systems such as foam. Response: No sprinkler system is included with this project. 49. Are privacy slats required at any of the chain link gates? Response: No. 50. Provide a detail drawing showing how to terminate and firestop the 3 hr. CMU wall at the perpendicular pre-engineered metal building structure. Response: Firestop to terminate at top of CMU wall. Intent of 3 hour fire rated wall is to create barrier between hangar bay and spaces to either side. Top of CMU wall is to exterior. 51. Is any fire stopping required at the top of the 3 hr wall where it meets roof deck & related structural steel? If so provide detail drawing showing how to handle this detail. Response: Firestop to terminate at top of cmu waII. Intent of 3 hour fire rated wail is to create barrier between hangar bay and spaces to either side. Top of CMU wall is to exterior. 52. In the pre-bid meeting Disadvantaged/Small/Minority Business participation was mentioned, please clarify if there is a D/S/MB requirement. Response: We recommend bidders be "strongly encouraged" to attempt meeting the DBE goal of 9.91%. 53. The plans indicate the hanger is to have fire sprinklers, however, it was mentioned this will not be required, please clarify if we are to include fire sprinklers. Response: No sprinkler system is included with this project. 54. If fire sprinklers are to be provided; a. Is the water supply located at the fire hydrant at NW corner? b. What is the flow rate? c. Where is riser to be located? d. Is the sprinkler piping to be painted? Response: These items do not apply. Page 5 of 7 55. Section 3/A3.1 shows a drain detail for the hanger door rail system. Please clarify the location, number and where the drains shall be routed. Response: Sheet C3.1 has been revised to show location of rail drains. 56. Trench drain detail on P/5.2 indicates a 10" diameter DIP drain line. Trench drain riser & floor plan P-1.1 show a 4" DIP drain line, please clarify. Also, if a sprinkler system is installed with an 8" supply, 4" drain will be insufficient to handle the water flow. Please advise. Response: A 4" DIP drain shall be provided. No sprinkler system is included with this project. 57. Oil water separator does not indicate a bypass valve and/or piping necessary to re-route water away from oil water separator tank in the event fire sprinklers are activated. Please advise. Response: No sprinkler system is included with this project. 58. Will we be required to install a fire alarm system and if so what are the requirements and specifications? Response: No, a fire alarm system will not be required. 59. Regarding the project duration of 200 days, we feel this shall be sufficient exclusive of any time required to obtain permits and other approvals required by city and other agencies. Response: The project duration is 200 days. 60. Specification section 03360 Mechanically Ground and Polished Concrete, where is this concrete finish to be used? Response: Disregard the specification. 61. On page C2.1, is the section on the taxilane side, (east) of building supposed to be C -C/4.1? Response: Sheet C2.1 has been revised to clarify the locations of the sections shown on sheet C4.1. 62. Are bidders to include the Impact Fees? Response: Yes, contractor will include all impact fees for construction. 63. Will the city be responsible for removing the gate located at the southeast corner of the project? Response: No. The Contractor will remove the gate, motor, and key pad and turn them over to the City. 64. Page E-2.1 shows a sump pump for the trench drain catch basin, however the plumbing drawings do not show this pump. Please clarify if plumber is to provide a pump or is this for a removable pump by others. Response: A sump pump is not required. 65. Regarding the signs to be installed by GC on the east & west elevations, can you provide us information on the approximate size & weight of the signs? Response: No sign is to be installed on the side of the hangar. 66. Please provide clarification for the drywall partitions at; a. Office side of CMU masonry wall — Is it per H/A-1.3 on pg A-1.5? b. Office exterior of metal building walls — Is per A/A-1.3 on pg A-1.5? Response: Please provide more information. H/ A-1.3 and A/A-1.3 do not exist in Bid documents. 67. Please provide information and specifications for the surge pump noted on pg E-2.1 as A-34, we cannot find this pump in the Schier OS -100 details or on the plumbing plans. Response: A sump pump is not required. Page 6 of 7 (0011 Please sign and return this Addendum No. 1 with the bid package due on or before Friday, April 15, 2016 at 2 pm at City Hall. Signature Date Page 7 of 7 STATE OF FLORIDA) COUNTY OF INDIAN RIVER) CITY OF SEBASTIAN) BID BOND KNOWN ALL HIEN BY THESE PRESENTS, that Ahrens Enterprises, Inc. d/b/a Ahrens Companies As Principal, and Berkley Insurance Company as Surety, are held and firmly bound unto the City of Sebastian, in the penal sum of Five Percent of Amount Bid (Do)larS) $ 5% , lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF TI[IS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid dated April 12, 2016 , for: City of Sebastian Municipal Airport Hangar "C' NOW THEREFORE, e4*11) (a) The Principal shall not withdraw said bid within ninety (90) days after date of opening the same and shall within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written contract with the City, in accordance with the proposal as accepted, and give bond with good and sufficient surety of sureties, as required, for the faithful performance and proper fulfillment of such contract; and, (b) In the event of the withdrawal of said bid within the period specified, or the failure to enter into such contract and sive bond within the time specified, if the prutcipal shall pay the City the difference between the amount specified in said bid and the amount for which the city may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN `A11TNESS WHEREOF, the above -bounded parties have executed this instrument under their several seals, this 12th day of April 2016 The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative. Pursuant to authority of its governing body. WITNESS: A44 If Sole Ownership or Partner ship, one (1) Witness is required. If Corporation, Secretary only will attest & affix seat.) PRINCIPAL: Ahrens Enterprises Inc d/b/a Ahrens Companies Mame of Firm Affix Seal , By: C43i ((Signature of Authorized Officer) 1461 Kinetic Rd. (Business Address) Lake Park, FL 33403 (City) (State) (Zip) As per Attached Polder of Attorney By: Surety Secretary The rate of premium of this bond is per thousand, Total amount of premium charges NIA ME SURETY: Berkley Insurance Company (Corpop"urety) O Aff x 1 (Signature of Authorized Officer) Charles J. Nielson Attorney -in -Fact (Title) 475 Steamboat Road (Business Address) Greenwich, CT 06830 (City) (State) (Zip) Nielson, Hoover & Associates (Name of Local Insurance Agency) 8000 Governors Square Blvd. #101, , FL 33016 (Address) (The above must be filled in by Corporate Surety.) 03.2 CERTIFICATES AS TO CORPORATE PRINCIPAL � _ &Oezw,&A_ /Pi -&A , certify that I am the Secretary of the Corporation nam d as Principal in the within bond, that igg, 6,4 gA j6who signed the said bond on behalf of the principal, was then p%/r: I e, of said corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fro and on behalf of said corporation of its governing body. (Corporate Seal) State of Florida County of Indian River City of Sebastian Before me, a Notary Public duly commissioned, qualified and acting, personally appeared; Charles J Nielson to me well known, who being by me first duly sworn upon oath, says that he is the attorney in fact for the Berkley Insurance Company "and that he has been authorized by Contractor named therein favor of the City of Sebastian, Florida. _ Subscribed and sworn to before me this 12th day of April , 2016 , Notary Public Kristi Messel d� PYq Notary Public State of Florida November 14, 2017 �; Kristi Messel M Commission Ex ires ' My Commission FF 064531 Y p ?CW Ro Cxplres 11114/2017 8B-3 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. e0'* NOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson, Charles D. Nielson or Joseph P. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. T J This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: f RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further • ° RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and -a further CZ RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 2 . power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or L other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have Ei a- ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its r- r L corporate seal hereunto affixed this -LO day of 12013. 76 .s Attest: Berkley Insurance Company t B t ' (Seal) By Y E✓ Ira . LedermanffeniNice I•iafter Senior Vice President & Secretary President U WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. o STATE OF CONNECTICUT) i✓ .^ ) ss: c COUNTY OF FAIRFIELD ) � c Sworn to before me, a Notary Public in the State of Connecticut, this day of 2413, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary and the enior Vice resident, respectively, of Berkley Insurance Company. NOTARYyAnumPUBW WM otary Public, State of Cobfcli BOt7 CERTIFICATE 2 I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a ? ` true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in ful l force and effect as of this date. 3 Given under my hand and seal of the Company, this 12th day of April2016 (Seal) Tum L a C x o CL a cc �unowd ori00 V --4W) .- c 0 c 0 00 00 t� •-� o� jesodo.id PES C> ON o 00 r- %0 0 0 qt, Wn W) W) cn 00 W o. m cv •-� W) 0000 tn nt � � � kn "I" F V � a, o F U O Q 'v 0 rn 'v � rn ~ ^ � c� C � Q • U u > U U o v] c A U V �; c U U U CA 0 Q a N n 00 a AdAHRENS COMPANIES August 2, 2016 Scott Baker/Airport Manager Via email: sbaker0cityofsebastian.org Joe Griffin/City Manager jgriffin@citvofsebastian.org City of Sebastian, Florida Sebastian Municipal Airport — Hangar C — Revised pricing based on value engineering After our meeting of July 25, 2016, we discussed design changes which include the following: A. Change building height to 23'-41' . B. Change door system to an 80'-011w x 22'-0"h hydraulic door system. C. Revised the foundation design. D. Change masonry wall to a one (1) hour masonry wall. Please note the fire sprinkler is on the attached list, Item #20. The pricing does not include sales tax on the pre-engineered building and hangar door system. These will be direct purchases by the City of Sebastian. Revised base, not including items on attached list unless.noted: ONE MILLION THREE HUNDRED THIRTEEN THOUSAND ONE HUNDRED DOLLARS EVEN ($1,313,100.00). We appreciate the opportunity and look forward to working with you and the City of Sebastian on this upcoming project. Please feel free to call us if you have questions or to discuss the matter further. Sincerely Ahrens Companies IL " C. Xo� � Richard C. Ahrens, CEO C: Jim Romanek via email: jromanek@citvofsebastian.org Frank Watanabe, P.E. via email: fwatanabe0citvofsebastian.ora 1461 Kinetic Road, Lake Park, FL 3 3403-191 1 Office (561) 863-9004 Fax (561) 863-9007 Contractor License #CBC0065 IS } 6 - ! - f{f § . ! ! ° - - - - > -__�- § `|)�{ --- -))) Z5 a k \ z :EL () ,,)){\//\ Bond -No. 0191449 Document A312 TM —2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: Nmne, legal status and address) Ahrens Enterprises, Inc. d/b/a Ahrens Companies 1461 Kinetic Rd. Lake Park, FL 33403 OWNER: Nmne, legal states and address) The City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: August 10, 2016 Amount:$ 1,425,658.00 SURETY: nrame, legal slants and principal place of business) Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 Mailing Address for Notices 475 Steamboat Road Greenwich, CT 06830 This document has Important legal consequences. Consultation Wlth an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 Description: Nmne and location) City of Sebastian Municipal Airport Hangar "C" - Site Improvements, Site Work, Erection & Provision of a Pre -Engineered Metal Hangar Structure BOND Date: August 16, 2016 Not earlier than Construction Contract Date) Amount:`$ 1,425,658.00 Modifcations to this Bond: © None CONTRACTOR AS PRINCIPAL One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 Sec Section 16 Company: (Corporate Seal) Ahrens Enterprises, Inc. d/b/a Ahrens Companies i` SignamreSl Name aiii Qfi2fl {rS/e/d and'fitle: ResiD 14 Any additional signatures appear on the last page ofthis Perjonnance Bond.) FOR LYF02LIATTO)VONLY —Nmne, address and telephone) AGENT or BROKER: Nielson, Hoover&Associates 8000 Governors Square Blvd. #101 Miami Lakes, FL 33016 305-722-2663 S-18521AS 8110 SURETY Company: (Corporate Seal) Berkley Ins 21e Compo Signature: 0 Name Charles J. Aelson and Title: Attorney -in -Fact , OWNER'S REPRESENTATIVE: Architect, Engineer or other parry:) 3120160049883 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2961 PG: 1329 Page 1 of 6 8292016 9:36 AM 1 The Contractor and Surety, jointly and severally, bind themselves, their helm, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 I there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if my, subsequently to declare a Contractor Default; 2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through Its agents or independent contractors; 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 6.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or 2 Deny liability In whole or in part and notify lite Owner, citing the reasons for denial. 6 If the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 5-1852/AS 8/10 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities or the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for A the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract; 2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of lite Surely under Section 5; and 3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to tire amount of this Bond. 9 The Surety shall not be liable to the Owner or other; for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance orthe Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its hairs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after Ute Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law'bond. 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to die Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claim for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf orthe Contractor under the Construction Contract. 14.2 Construction Contract. "!he agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract, 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the Lem Owner shall be deemed to be Contractor. S-1852/AS 8/10 16 Modifications to this bond are as follows: Space is provided below for additional signatra-es of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: _ Name and Title: Name and Title: Address Address S-18521AS 8/10 No. BI -282a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson; Charles D. Nielson; or Joseph A Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected 1 officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, a = without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the IF manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or r other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has ca ed thFse presents to be signed and attested by its appropriate officers and its c corporate seal hereunto affixed thiYQay of ( < C- 2016. r, o_ 1 Attest: Berkley Insurance Company r, F (Seal) By / BY XW Ira S. Lederman JHafter Senior Vice President & Secretary SIM. e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: v ° COUNTY OF FAIRFIELD ) V Sworn to before me, a Notary Public in the State of Connecticut, this 7aday of ( ^ 2016, by Ira S. Lederman and Jeffrey M. Hafter who are swom to me to be the Senior Vice President and STV, and the Senior Vice esu nt, respectively, of Berkley Insurance Company. MARIA C. RUNDBAKEN /J T NOTARY PUBLIC 71f •C - e/ l c MY COMMISSION EXPIRES Notary Public, State of Connecticut y- APRIL 30, 2019 CERTIFICATE z _ - I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a ti true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authgrity of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Att=6n is. attacfied;wis in full force and effect as of this date. Given under my hand and seal of the Company, thisl6th day of August 2016 i Sear). Andr u Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. Bond No. 0191449 Document A312 TM —2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: nratne, legal starts and address) Ahrens Enterprises, Inc. d/b/a Ahrens Companies 1461 Kinetic Rd. Lake Park, FL 33403 OWNER: Marne, legal starts and address) The City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: August 10, 2016 Amount: 51,425, 658.00 SURETY: Nance, legal status and principal place of business) Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 Mailing Address for Notices 475 Steamboat Road Greenwich, CT 06830 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 Description: Nance and location) City of Sebastian Municipal Airport Hangar "C" - Site Improvements, Site Work, Erection & Provision of a Pre -Engineered Metal Hangar Structure BOND Date: August 16, 2016 Not earlier than Construction Contract Date) Amount: $1,425,658.00 Modifications to this Bond: One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 None X See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Ahrens Enterprises, Inc. d/b/a Ahrens Companies Signature: Name 4P e /L and Title: SURETY Company: (Corporate Seal) - Berkley Insult r C mpan Signature: ' Name Charles J. NAson and Tide: Attorney -in -Fact 3120160049882 PUBLIC RECORDS Any addi!ional signatures appear on the fast page of this Payment Bond.) RECORDED EFREYR SMI HE CLERK OF COURT OF FOR INFOkILIT10NONLY —Nance, address and telephone) INDIAN RIVER COUNTY FLBK: 2961 PG: 1324 Page 1 of 5 8/29/2016 9:36 AM AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates(Archirec6Engineer a•otherparrv.) 8000 Governors Square Blvd. #101 Miami Lakes, FL 33016 RECORDED 13 RECOIN THE PUBLIC RECORDS OF 305-722-2663 JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL S•2149/AS 8110 BK: 2961 PG: 1024 Page 1 of 2 8262016 3:02 PM 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executurs, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 31f there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner tinder this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract and tendered defense of such claims, demands, licus or suits to the Contractor and the Surety. 4 When Ore Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: 6.1 Claimants, who do not have a direct contract with the Contractor, 1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last famished materials or equipment included in the Claim; and 2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surely shall promptly and ul the Surety's expense lake the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7,1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 6 The Surety's total obligation shall not exceed the amount or this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 5-2149/AS 8110 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 52, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (i) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcrefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of. this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: 1 the name of the Claimant; 2 the name of the person for whom the labor was done, or materials or equipment furnished; 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; 4 a brief description of the labor, materials or equipment furnished; 6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 6 the total amount Gamed by the Claimant for labor, materials or equipment furnished as of the date of the Claim; 7 the total amount ofprovious payments received by the Claimant; and 6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's Gen or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that par of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Constructlon Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S•2149/AS 8110 16.4 Owner Default. Failure of the Omer, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. 16.6 Contract Documents. All the documents that comprise We agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: The provisions and limitations of section 255.05 Florida Statutes. including but not limited to the notice and time limitations inSections255.05(2) and 255.05(10), are incorporated in this bond n'i•rCt:iC Space !s provided below for additional signatures ofadded parties, other Than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (CorporateSeall Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5-2149/AS 8110 No. BI -282a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson; Charles D. Nielson; or Joseph P. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 001100 U.S. Dollars U.S.$100,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has ca ed thf se presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thiQSM ay of ( X C' 2016. Attest: / Berkley Insurance Company Seal) By / By Ax ra S. LedermanJe . Hafter Senior Vice President & Secretary S i e President WARNING; THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this.A'7 day of l , 2016, by\Ira S. Lederman and Jeffrey M. Haller who are sworn to me to be the Senior Vice President and Secretary, and the Senior Viceeisnt, respectively, of Berkley Insurance Company. MARIA C. RUNDBAKEN— Gy NOTARY PUBLICi MY COMMISSION EXPIRES Notary Public, State of Connecticut APRIL 30, 2019 CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true. correct'and, complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is, attached; is 'full force and effect as of this date. Given under my hand and seal of the Company, this76th day of August 2016 Seal) Andrew u