Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2010 Hangar B
Date Accepted: Project Name & #: Contractor Name: Purchase Order #: Project Location: HOME OF PELICAN ISLAND CERTIFICATE OF PROJECT COMPLETION Nov 30, 2011 Construct Hangar B, C0951 Ahrens Companies PO #6434 Airport Drive East Final Contract Price $1,136,567.97 Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as is relates to bond performance, payment of subcontractors, release or liens, maintenance and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being c• plete. Project Manage Contractor Authorized Representative Neel -Sc ffer c Work • ector /2 • i. Date Date Date z 2 // Dat Date Date Dat /2 -7 -// Date Gil Of HOME OF PELICAN ISLAND CERTIFICATE OF PROJECT COMPLETION Date Accepted: Nov 30, 2011 Project Name & #: Construct Hangar B, C0951 Contractor Name: Ahrens Companies Purchase Order #: PO #6434 Final Contract Price $1,136,567.97 Project Location: Airport Drive East Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility except as stipulated in the contract as is relates to bond performance, payment of subcontractors, release or liens, maintenance and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being cgfnplete. Pro' ct ana% t` -'' ontractor Authorized Representative Neel- Schaffer Bui1•; Official City Attorney Cif Clerk,' anger Administrative Services Director Public Works Director Date Date Date Date' Date Date m SE�ra 'MN HOME Of PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 16 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hangar B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 16 A) Contract Price Prior to this Change Order $ 1,134,317.94 Net Increase (Decrease) Resulting from this Change Order $ 2,250.00 New Contract Price Including this Change Order $ 1,136,567.94 B) Contract Time Prior to the Change Order (Number of Days) 269 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0- TOTAL (Number of Days) New Completion Date Including this Change Order 269 days 1 October 2011 AGREED: C ! MPAN c. Authorized Signature Date: Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount Tess than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeti g date ) BASTIAN: 4( 4/ 44 . t i a tiger Project Manager Finance Director City Attorney as to budget as to legal or compliance Administrative Services Director 1 ,1 AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 16 PROJECT #: 10- 000054 DATE: October 25, 2011 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 PAINTING OF FIRE CAULKING THROUGHOUT HANGAR AS AGREED FOR 50% OF PREVIOUS PAINTING PROPOSAL ($4,500.00), TOTAL COST SHALL BE $2,250.00. OWNER SHALL PROVIDE THE REQUIRED LIFT. TOTAL COST OF THIS PROPOSAL: $2,250.00 ADDITIONAL TIME: 0 WORKING DAY AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: OCTOBER 25, 2011 CO TO OWNER #16 DATE: 11114 ti PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWC (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License # CBC006515 Architect License # AA26000694 r C r N co to CD e' 0 I- C.) 1N 0 4a d W N O °- d m o 0 0 � Q c`QQQQQQQQQQQQQQ < o- Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z UQ 3 aa)) E O u) c co v a) > 2 3 a0 a c c a) co N -0 w c Q O 0 O L as CL C CD O U • O N 2 N w N 0 a) CD O) N O c co y C a) >. •a'O + u) O 'e 'O 0> O) � C °.o c) co C 'O O -0 O Y M (0 (a u) TS L C 1:2 0 �) E C) o c a) U O T N w (o a (a G X C .0 L1 r:1-4; Ty O w 4...- 0) = E"0 E (o C -O N yy — L c N 1.8"cp 4-7-09 v to o �•c R • E O co V O H C O P C C p L . N L o 0.2 0 ul O u)03 rn « c m o, N fO 3 c o cg C 4 7 O u . a ) N U CE (I) E 0 o 2-° y ai d a) C0aca0W 0I -.�WH =i�U to !° c E U va ER Initial Contract Price 00000000000000"0 N O) Tr M co co M O O O C) e- N t► VI 7 00 OO Nt N O O OD O) CQ CI? V? V?C? OO Of Op 00 CD O) '- Fs. CO CO mr (17 N N N N N N 7 s! Tr (O O (O VD M M UD to 0 0 O r- (O N CO (O M M O aD 6 O- O) O (O CO 0) M O O OD OD 1 't (0 10 N fO O) 10 (O 0) M OD OD CO (A 00 CO 01 01 O 0) C CM OO (O .- CV (V (V O O 6 n CV CV O ( ,- N NN OD CO v� ER CR y, CR CR(R CO ER ER ER ER ER ER ER ER ER Oo .-004(00) O a)0)0 000 ef° C? o v O 0 N...70 000 O) I"- P..: ui u'i O ' O ' Ti O O ' 0)00 r. (0 ( CD UlOD D O) N CA (O OD OD (� N r. ' N r• ('1 Al N 10 M v� r" N v N `,N M (R ER 69ER(R (ft E9ERER Eft ERERERERE9E9 O 1- NM etUl� V Q 4; W W ig gt ;k ;t ;k # ;t a) O) m a) a) 0) a) a) a) a) 0 a) 0 0 d al 'O 'O 'D 'C V V 'C "O '6 'O 'O 'O '0 '0 0000000000000000 a) a) a) a) a) a) a) a) N a) a) a) a) a) ID N c c c c c c c c c c c c G G (o m (o (o (o m (o (o (o (o (o (o (o (o co RI 0000000000000000 Updated Contract Price ana S�'ruW HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 15 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hangar B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 15 A) Contract Price Prior to this Change Order $ 1,137,862.94 Net Increase (Decrease) Resulting from this Change Order $ (3,545.00) New Contract Price Including this Change Order $ 1,134,317.94 B) Contract Time Prior to the Change Order (Number of Days) 269 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0- TOTAL (Number of Days) New Completion Date Including this Change Order 269 days 1 October 2011 AGREED: COMPANY C uthorized Signature Date: / °7 // Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) CI BA$TIAN: ger Project Manager Finance Directo City Attorney Date: 10f 14711 4k44— .001011111:4 Aqi Administrative Services Director as to budget as to legal for compliance TTEST: Sally A. Maio, MC, City Clerk AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 15 PROJECT #: 10- 000054 DATE: October 14, 2011 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 CREDIT FOR THE FENCING THAT WAS TO HAVE ENCLOSED THE WIND TURBINE FANS. THIS WIND TURBINE SECTION HAS BEEN DELETED FROM THE MAIN CONTRACT. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAY JUSTIFICATION: AS DIRECTED BY THE CITY OF SEBASTIAN $ (3,545.00) AHRENS COMPANIES: O E' - ACCEPTANCE: 74-400-k C RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: OCTOBER 14, 2011 CO TO OWNER #15 DATE: I0/- 6/i • PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License # CBC006515 Architect License # AA26000694 atOF SEBASTIAN HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 14 PROJECT NAME: Airport Hangar B PURCHASE ORDER # 6434 FYI1 PROJECT #: C0951 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561- 863 -9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 14 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) TOTAL (Number of Days) New Completion Date Including this Change Order $ 1,135,529.34 $ 2,333.60 $ 1,137,862.94 236 days 0 days 269 days 1 October 2011 AGREED: Cl. P NY C Authorized Signature Date: / %/`.7 /i Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount Tess than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) C S BASTIAN: ager Date: °%`791 (r Project Manager Finance Director City Attorney as to budget as to legal r compliance Administrative Services Director ATTEST: Sally A. Ma o, MMC, City Clerk AHRENS AIN COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 14 PROJECT #: 10- 000054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: September 29, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 PER FIELD MEETINGS AND DISCUSSIONS, THE AT &T WIRING MUST BE COMPLETED AND THE COMPLETE ELECTRIC PROPOSAL OF 9/6/11 WILL BE THE ONLY CHARGE FOR THIS WORK. 25 PAIR PE89 UNDERGROUND COPPER BETWEEN HANGAR A AND HANGAR B. INSTALL SURGE PROTECTION FOR ALL WIRING INSTALLED. GROUND ALL EQUIPMENT AND MAKE READY FOR AT &T ACTIVATION. TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAY AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: SEPTEMBER 29, 2011 CO TO OWNER #14 ER' 'ACCEPTANCE: DATE: $2,333.60 PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License # CBC006515 Architect License # AA26000694 REQUEST FOR CHANGE DATE: 9/6/2011 RFC# 4 FROM. COMPLETE ELECTRIC, INC COMPANY NAME: AHRENS COMPANIES ADDRESS: 1461 KINETIC ROAD LAKE PARK, FL 33404 -1911 PHONE: (561) 863 -9004 FAX. (561) 863-9007 EMAIL: PROJECT NAME: Sebastian Hangar (B) This change must be signed and approved before any material is ordered and any associated work is completed. SCOPE. * Provide and install 25 pair pe89 under ground copper between hangar A and B. * Install surge protection for all wire installed. Ground all equipment and make ready for At&T * activation. GRAND TOTAL: $2,333.60 DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days Customer Signature signifies authorization of quoted work and acceptance of payment liability. Payment i5 due upon completion o1 work or satisfactorily passing any requiree inspections. 11 invoice i5 not paid and Contractors engages altomey to enforce coneaio, customer agrees to pay all expenses and court costs of litigation including court costs and reasonable attorney tees to be fixed by any court in which said attorney is required to appear. Customer further agrees that he may be sued in Indian River Courtly. Ft Court Customer Signature DATE mrn SEs�+suAN HOME OF PELIC AN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 13 PROJECT NAME: Airport Hangar B PURCHASE ORDER # 6434 FY11 PROJECT #: C0951 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561- 863 -9004 ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 13 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) TOTAL (Number of Days) New Completion Date Including this Change Order $ 1,135,529.34 $ -0- $ 1,135,529.34 236 days 33 days 269 days 1 October 2011 Authorized Signature Date: Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or, $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meet' g date ) ASTIAN: Date: 9I2i /i� er Project Manager Finance Director City Attorney EST: as to budget Sally A. Ma'., MMC, City Clerk Administrative Services Director as to legal for compliance AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 13 PROJECT #: 10- 000054 DATE: September 20, 2011 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 FLORIDA POWER & LIGHT (FPL) ACTUAL CONNECTION FOR ELECTRICAL SERVICE OCCURRED ON SEPTEMBER 7, 2011. CERTAIN SUBCONTRACTORS WORK COULD NOT BE FINISHED UNTIL THE POWER WAS TURNED ON AND THE FINISH FLOOR WORK COULD NOT BE INSTALLED UNTIL THERE WAS POWER AND AIR CONDITIONING. AS DISCUSSED PREVIOUSLY, WE REQUIRE APPROXIMATELY THREE WEEKS FROM THE DATE OF RECEIVING POWER IN ORDER TO COMPLETE ALL CONTRACTED WORK. IT HAS BEEN AGREED THAT THE COMPLETION DATE IS NOW OCTOBER 1, 2011. ADDITIONAL TIME: 33 WORKING DAYS JUSTIFICATION: DELAY DAYS AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: SEPTEMBER 20, 2011 OW ER' CCEPTANCE: DATE: ')/2-Vri PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #13.REVISEDXLS 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License # CBC006515 Architect License # AA26000694 SEBaTIAN ,•t��. HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 12 PROJECT NAME: Airport Hangar B PURCHASE ORDER # 6434 FY11 PROJECT #: C0951 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561- 863 -9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 12 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) TOTAL (Number of Days) New Completion Date Including this Change Order $ 1,170,239.34 $ (34,710.00) $ 1,135,529.34 236 days 00 days 236 days 29 August 2011 AGREED: PAN C1 ARAA"--------Date-: Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeti , g date ) C_IYO`.E: STIAN: • • • ger Date: 7/277 ;` roject Manager Finance Director City Attorney as to budget as to legal . '.nce Administrative Services Director ATTEST: Sally A. M s, MMC, City Clerk ° ����������U� ������������ ���N��:�x������N�^� �m����� ��nwrm�mm—u��m`�mmapm GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 12 PROJECT #: 10'000054 DATE: July 27, 2011 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 PER THE VARIOUS LETTER EXCHANGES, THE VERTICAL AXIS WIND TURBINES WILL BE DELETED FROM THE CONTRACT. AHRENS COMPANIES LETTER TO THE AIRPORT DIRECTOR OF MAY 19, 2011 (ATTACHED) OUTLINES THE COSTS ASSOCIATED WITH THE WIND TURBINE. THE AREA OF THE ORIGINAL TURBINE PLACEMENT WILL BE MODIFIED AND THE DRIVE ACCESS AREA WILL HAVE A ROCK BASE AND SOIL FOR GRASS AND BAHIA SOD, THIS AREA WILL BE ADDRESSED UNDER SEPARATE COVER. TOTAL CREDIT: ADDMONAL TIME: 0 WORKING DAY JUSTIFICATION: AS DIRECTED BY THE CITY OF SEBASTIAN AHRENS COMPANIES: RICHARD C. AHREN EXECUTIVE VICE PRESIDENT DATE: JULY 27, 2011 ACCEPTANCE: DATE: PLEASE RETURN A SIGNED COPY BY FAX WITHN TWO (2) DAYS AND MAIL THE ORGINAL CO TO OWNER #12.xLS 7461 Kinehc: Road, Lake Park, FL 33403-1911 Office (56l)R6]-9OO4 Fax (561) 863-9007 Contractor License #[BCO06515 Architect License # AA26000694 HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 11 PURCHASE ORDER# 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hangar B PROJECT #: C0951 PHONE it 561 -863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: I. See attached Ahrens Companies Change Order #: 11 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) 02 days $ 1,168,028.91 $ 2,210.43 $ 1,170,239.34 234 days TOTAL (Number of Days) New Completion Date Including this Change Order Date: 236 days 29 August 2011 AGREED: COMPANY C • uthorized Signature -11.0-112 k 1 l Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (me ting date EBASTI.AN: ager Project Manager Date: 77eIA ATTEST: tN Finance Director City Attorney Administrative Services Director p [e Sally 4. %1aio, MMC, City Clerk AAHRENS COMPANIES JUL 2 1 zn;l GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER. 11 PROJECT # 10- 000054 DATE: July 11, 2011 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER. CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 REVISIONS TO THE CURBING TYPE AND CURBING LOCATIONS AS DISCUSSED BETWEEN THE PARTIES PER PARMENTER PROPOSAL. ADD 90 LF TYPE "D" CURB: $ 765.00 ADD 152 LF TYPE "F" CURB: $ 736.00 PROJECT MANAGER (2 HOURS @ $82.00/HOUR): $ 164.00 PROJECT SUPERINTENDENT (2 HOURS @ $59.00 /HOUR): $ 118.00 PROJECT ADMINISTRATOR (2 HOURS @ $40.00 /HOUR) $ 80.00 SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD & PROFIT SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME. 2 WORKING DAYS JUSTIFICATION: AS DIRECTED BY THE CITY AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VIDE PRESIDENT DATE. JULY 11,2011 $ 1.863.00 $ 21.42 $ 1.884.42 $ 282.66 $ 2,167.09 5 43.34 $ 2,210.43 0 NER'. SCCEPTANCE. DATE: PLEASE RETURN A SIGNED DOPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL Co TO OWNER Nn XLS ! d6: 6 i cunt Road, Lake Park. Fl .13-103 - I n! I t)mCe r5( I) 861P((4 Fv 56',c H611a0- Contlaclor I ease a t H( JU651 i L LuonsL" AA260006k1 •7 11 07:08a PARMIENTER EXCAVPTNG 72167577P: PARMENTER EXCAVATING, LLC P.O. Box 61005 F ALM BAY, FLORIDA 32906 TELEPHONE: (321( 724.8760 J21) 72B -3033 FAX (321) 676.7704 Greg Cesentano Ahrens Companies 1451 Kinetic Road Lake Park, FI 33403 -1911 Juiy 7, 2011 Project: Sebastian Airport Hangar "B" DESCRIPTION CUANTITY UNIT PRICE TOTAL Add Tina "V: "F" curb: Type "LD" Curb 90 LF $8.50 $765.03 Type "F" Curb 152 LF $1J4 ' V.174.2Fre0 634 Cost Proposal Total Respectfully S�mitted P1rmenatt Ex avatinp , LLC tc Pzle 1 of 1 5.50 HOME Of PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 10 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hangar B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 10 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) TOTAL (Number of Days) New Completion Date Including this Change Order $ 1,166.904.12 $ 1,124.79 $ 1,168,028.91 230 days 00 days 234 days 27 August 2011 AGREED: COMPANY "Aut orize s Signature Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting • . e ) CI f y er STIAN: /I Date: Project Manager Finance Director City Attorney as to budget as to legal for compliance Administrative Services Director TTEST: Sally A. o, MMC, City Clerk ����������o� ��������0��� ��������N�N��� nm�n�'m�mm-m�.m`mmmaw� AYR GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 10 PROJECT#: 10-005054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: April 26, 2011 � OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 REPLACE THE SWING GATE IN THE DUMPSTER ENCLOSURE TO A SLIDE GATE AND RELOCATE THE DUMPSTER ENCLOSURE BY FIVE FEET. FENCING QUOTE: 500.00 CONCRETE QUOTE: G 286.00 PROJECT MANAGER (1 HOUR © $82.00HOUR): 82,00 PROJECT ADMINISTRATOR (2 HOURS ©84O.O0HOUR) 80.00 SUBTOTAL 1.1596 INSURANCE FEE: SUBTOTAL 15% OVERHEAD & PROFIT SUBTOTAL 2% BOND FEE TOTAL COST OF THJS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: OWNER REQUEST AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE. APRIL 26, 2011 948.00 � 10.90 � 958.90 S 143.84 S 1,102.74 � 22.05 1,124.79 PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #10 XLS 1461 Kinetic Road, Lake Park, FL}]4OJ-l9l} Office (56l)86]'9UO4 Fax (561) 863-9007 Contractor License #[8[0065l5 Architect License # AA26000694 APR -21 -2011 16:41 FROM: MGM Shell Contractors i)aito. 04- 21 -1.1. TO:86:39007 P.1/1 Certified General Contractor Lie. #CGCO23868 P.O, Box 31230 Palm Beach C irdefss, FL 33420 -1230 Telephone 561 691 5031 Fax 561 691 50 :31' rgarrnon.tngin gnaail.eoimi Proposal To: Ahrens Companies 1461 Kinetic Road Lake Park, PL, 33403 Attn: Aden Ball Phone: 561- 863.,9004. F2tX ;; 61. -863 -9007 Re: Sebastian Municipal Airport Architect; Ahrens Companies Design/Build Hanger 13 Tani,: Dfat:pd: 1.1 -21 -08 T'r icing; Labor and materials to add a 3' Capron to he front of the new tlumpster enclosure $ 286.00 .2'leamfc pur fir the opportun iiy to bid, we !co* forward to i4 o a'JIzg with yacr. MC hell ent cctors, Inc. Me. al ■Me M. Fick Garrison, President Date Accepted by Ahrens Companies - Date 7. 432 LF of 6' Chain link Fencing with two (2) 3' x 6' galvanized chain Zink swing gates, one (1) 10' x 6' galvanized chain link double drive swing gate, one (1) 22' x 6' galvanized chain link motor operator slide gate, one (1) 12' x 6' galvanized double swing gate (compressor room). Electric for gate operator by others. All per plans and specifications for detail and accessories. 8. The dumpster gate will be one (1) 20' x 6' galvanized chain link slide gate and will be under a Change Order for $500 after execution of approval by the Owner. 9. Dispose of your debris into the common dumpster on a daily basis. Deposit your workers paper, food, cans, etc. into the dumpster. A clean site is a safe site. Failure to perform this work will result in a back charge. 10. Follow the directives of the Project Superintendent and cooperate with the other subcontractor trades in the execution of their work. 11. Safety is paramount. Use safe work practices and safe operating tools and equipment. Follow OSHA regulations for your trade. There will be no radios of any kind allowed on the project site. Our insurance carrier considers them to be a distraction and hence a safety issue. 12.Ahrens Companies is a Drug Free Workplace. This policy includes all Subcontractors and their designated employees. This means that no person shall be on the jobsite with any alcohol or illegal, mind altering or unauthorized controlled substances (drugs) in their systems, on their person or in their vehicles. Violation of this policy by any person(s) will terminate that individual(s) working onsite. 13.All of Ahrens Companies projects are to have a designated smoking area. Please speak with the Project Manager or Project Superintendent for locations. No smoking is permitted on the job site with the exception of the designated areas. Strict adherence is required. 14. Firearms of any type are prohibited on or near Ahrens Companies projects. This includes any vehicles located on the job site. Strict adherence is required. Violation of this policy by any person(s) will terminate that individual(s) working onsite. INITIALS: Contractor Subcontractor F:\SEBASTIAN HANGAR B \ENCLOSURES\ENC #2A\3D Fencing.doc l'I ail Z T/ ZYJll 17: 3S T T ZOSJ°1757 474 Autumn Terrace Sebastian, FL 32958 Phone (772) 388 -0844 Fax (772) 589 -9989 Cell (772) 321 -2051 Job Information: Ahrens Companies Attn : Mike Fishkind 1461 Kinetic Rd. Lake Park, FL 33403 U I' tINL IN r'Hl]t 171 / [Di Date March 21, 2011 Quotation # 1508 Customer ID Ahrens Quotation valid until: March 31, 2011 Prepared by: Dan Tumer Comments or special instructions: Sebastian Municipal Airport Hangar "B" (Revised 2/2/10) (Change dumpster gate to slide gate) Description AMOUNT 1 - 20' x 6' Galvanized Chain Link Slide Gate (Dempster) Fence built IAW provided details and specifications $ 500.00 To accept this quotation, sign /date below and return: Price includes all materials & labor Projected Start/Completion Dates: AMOUNT DUE UPON COMPLETION Date: TBD Date: Daniel S. Turner, Owner, 3 -D Fencing 500.00 3 -D Fencing, LLC agrees to guarantee the above fence to be free from defects In materials and workmanship for one year. It does not guarantee damage after Installation caused by the owner, third party, or nature. 3 -D Fencing, LLC will assist the customer, upon request, in determining where the fence is to be erected, but does not assume any responsibility concerning property lines or in any way guarantee their accuracy. 3 -D Fencing will ensure underground utilities are located and marked but assumes no responsibility for unmarked sprinkler lines or any other unmarked buried lines or objects. The full amount of this contract is due upon completion of all work. A finance charge of 1 12% per month, which Is an annual percentage rate of 18 %, shall be applied to accounts that are not paid within 10 days after completion of work. Ali materials will remain the property of 3 -0 Fencing until all invoices are paid in full. The customer agrees to pay all interest and any costs incurred in the collection of this debt. HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 9 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hangar B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 09 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) TOTAL (Number of Days) New Completion Date Including this Change Order $ 1,166.904.12 $ -0- $ 1,166,904.12 230 days 04 days 234 days 27 August 2011 AGREED: COMPAN fLfr Au t i nature g Date: Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount Tess than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) C EBASTIAN: nager 4/21/' Date: Project Manager Finance Director City Attorney as to budget as to legal or compliance Administrative Services Director ATTEST: Sally A. M o, MMC, City Clerk AHRENS COMPANIES 6 +.'1i%. l 4Kx t%dl/;N,W,. /G,.- -V Ru.MM,MM ,%••S<IT''.....Y:F ; i':=7,_- Lk+rAVD MAM 'H:F. 'lffiK£ M.GSg tr.MM . 1i1 ^a.... AaIK ,u''GN.R. . ,'' GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 09 PROJECT #: 10- 000054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: April 20, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 THERE HAVE BEEN SEVERAL RAIN EVENTS THAT HAVE MODIFIED OUR CONSTRUCTION WORK SCHEDULE. 1 MARCH 24, 2011 - AREA THAT HAD BEEN CLEARED AND GRUBBED FOR THE BUILDING PAD WAS UNDERWATER AND THE BUILDING FILL COULD NOT BE INSTALLED. IMPACT = ONE (1) DAY 2 APRIL 4, 2011 - AREA WHERE THE BUILDING FILL WAS STOCKPILED ON THE AIRPORT SITE WAS TOO WET TO OPERATE EQUIPMENT TO FILL THE TRUCKS IMPACT = ONE (1) DAY 3 APRIL 15 - 18, 2011 - THE RAIN EVENT FLOODED THE SLAB FORM AREA AND MATERIAL THAT HAD BEEN PUT INTO TRENCHES WERE IMPACTED BY THE AMOUNT OF WATER COLLECTED IN THOSE AREAS. PLUMBING WORK HAD TO BE RE -DONE ON APRIL 18, 2011. IMPACT = TWO (2) DAYS ADDITIONAL TIME: 4 WORKING DAY JUSTIFICATION: RAIN DELAY DAYS AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: APRIL 20, 2011 0 NER' ;; ACCEPTANCE: DATE: 4lz 1 dt PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #9.XLS 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License # CBC006315 Architect License # AA26000694 MT Of HOME OF PEUCAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 8 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hangar B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 08 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order $ 1,270,694.12 $ (103,790.00) $ 1,166,904.12 199 days acs U 1`} 23 August 2011 AGREED: COMPANY ate: lStk 1 l GO D-% .ca C 1 � Authorized Signature C- - CxCl c1 ` \c Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) Project Manager Finance Director City Attorney as to legal AT as to budget Sally A. M Administrative Services Director for compliance 4( , MMC, City Clerk ����0�����U� ����0�|����� �������0�N��� mm�n�'�nrmmr��m`�mn��� GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 08 PROJECT #: 10-000054 DATE: Apd2U.2O11 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL32gS8 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 CREDIT FOR THE COST FOR THE UNITED STRUCTURES OF AMERICA BUILDING MATERIALS THAT WILL NOW BE PURCHASED DIRECTLY BY THE CITY OF SEBASTIAN. THIS FIGURE INCLUDES TAX: $ (103.790.00) $ (103,790.00) TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAY JUSTIFICATION: DIRECT OWNER PURCHASE TO PRELUDE SALES TAX AS OWNER IS TAX EXEMPT AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: APRIL 20, 2011 CO TO OWNER #8zm OW ER'S ACCEPTANCE: DATE: 4140 PLEASE RETURN A SIGNED COPV B'( FAX WITHN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL]]4O3'l91l Office (56l)86]-9DU4 Fa\ (561) 863-9007 Contractor License #CR{O065l5 Architect License #AA260UO694 if UNITED STRUCTURES of AMERICA, INC. Bill To: CITY OF SEBASTIAN 1225 MAIN ST SABASTIAN, FL 32958 MAIL ALL CHECKS TO: DEPT CODE 003 PO BOX 3108 HOUSTON, TX 77253-3108 Pro Forma Invoice # 41009 Date: 12/16/10 Ship To: SEBASTIAN MUNICIPLE AIRPORT 202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 Phone: 561.863.9004 Fax: 561.863.9007 st ei Jo el % • TRUCK Dave Robb PLANT Malrir"V'lk 4140:4101AVEZEP toast*, .4*Sa36 SAMAR& Alf 1 METAL BUILDING PER CONTRACT EA jv Sub-Total Tax Amount 0 Total Ordered Page 1 Print Date: 04/18/11 14:39:55 97,000.00 0.00 Had HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 7 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hangar B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hangar "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 07 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order $ 1,270,694.12 $ -0- $ 1,270,694.12 199 days 28 days 23 August 2011 C • � 1.1(s:), 1 i Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) C Y SEBASTIAN: nager Project Manager � Finance Director'} 1 City Attorney Date: 4/0/11 a 4 Administrative Services Director as to budget as to legal for compliance ATTEST: Sally A. -Maio, MAMC, City Clerk AHRENS COMPANIES PPa"l// M3 ,llh'MV,fee.€sz�1d:4tVP,, /?/0?" '4 ^:A;tiX,,A N31.aggs't?-i: 9'rie',..iC,ESO- 0.:.Ei0X,WW .3a erge rAO .. GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 07 PROJECT #: 10- 000054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: April 11, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 THIS CHANGE ORDER REQUESTS AN EXTENSION OF THE CONTRACT TIME DUE TO THE DELAY IN SECURING APPROVAL FOR THE VARIOUS PERMITS. THE FM AUTHORIZATION HAS NOT BEEN SECURED. WE CANNOT CONSTRUCT VERTICALLY UNTIL THAT PERMIT IS SECURED. THE BUILDING STEEL ARRIVES ON MAY 16TH. THE LAND CLEARING PERMIT WAS ISSUED ON MARCH 21, 2011 AND THE BUILDING PERMIT WAS ISSUED ON APRIL 6, 2011. WE HAD INITIALLY SCHEDULED THE JOB START FOR FEBRUARY 14, 2011 AND THE ACTUAL START WAS MARCH 23, 2011, A DELAY OF 28 WORKING DAYS (37 CALENDAR DAYS). THIS CHANGE ORDER REQUEST A 28 WORKING DAY EXTENSION. ADDITIONAL TIME: 28 WORKING DAY JUSTIFICATION: DELAY DAYS AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: APRIL 11„ 2011 CO TO OWNER #7.XLS 0 NE'''. ACCEPTANCE: DATE: PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FI.. 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License # C3C006515 Architect License # AA26000694 HOME OF PELICAN ISIAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 6 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 06 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order $ 1,269,434.07 $ 1,260.05 $ 1,270,694.12 199 days -0- days 26 July 2011 c Date: '-3\ al' 1 \ Q \Dust C "(e6 CZ ¢ , X` \C G' C> 1 l Authorized Signature T ('a'Cl" f1N. \ Ci\ Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) CI Y OFp BASTIAN: I Ai i1jr7N', ger Date: s3, Project Manager Finance Director City Attorney Administrative Services Director WW ..4 as to budget as to legal for compliance Sally A. Ma i6, MMC, City Clerk AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 06 PROJECT #: 10- 000054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: March 9, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 SITE CONDITIONS REQUIRE THAT THE IRRIGATION PUMP BE RELOCATED FROM ITS ORIGINAL PLAN LOCATION. THIS PROPOSAL OF COMPLETE ELECTRIC DATED MARCH 7, 2011 IS FOR THE ADDITIONAL CONDUIT AND WIRE TO THAT NEW LOCATION: $ 900.00 PROJECT MANAGER (1 HOUR @ $82 001HOUR): $ 82.00 PROJFCT ADMINISTRATOR (2 HOURS @ $40.00 /HOUR) $ 80.00 SUBTOTAL 1 15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD & PROFIT SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAY JUSTIFICATION: SITE CONDITION AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE. MARCH 9; 2011 CO TO OWNER #5 XIS $ 1,062.00 $ 12.21 1,074,21 $ 161.13 $ 1,235.34 $ 24.71 $ 1,260.05 OW ER'S , CEPTANCE: DATE: PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863 -9004 Fax (561) 863 -9007 Contractor License # CBC006315 Architect License # AA26000694 DATE: 3/7/2011 RFC# 1 FROM: COMPLETE ELECTRIC, INC COMPANY NAME: ADDRESS: PHONE: FAX: EMAIL: PROJECT NAME: AHRENS COMPANIES 1461 KINETIC ROAD LAKE PARK, FL 33404 -1911 (561) 863 -9004 (561) 863 -9007 REQUEST FOR CHANGE Sebastian Hangar (B) This change must be signed and approved before any material is ordered and any associated work is completed. SCOPE: " 1. Relocation of Irrigation Pump from original bid set. GRAND TOTAL: $900.00 DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days r..mwr uomnm Customer Signature signifies autnom_ation of quoted work and acceptance of payment liability. Payment is due upon completion of work or satisfactorily passing any required Inspections. 0 invoice is not paid and Contractors engages attorney to enforce collection, customer agrees to pay at expenses and coup costs of litigation including court costs and reasonable attorney tees to be fixed by any court in which said attorney is required to appear. Customer furtne, agrees that he may be sued in Indian River County. Fl Court Customer Signature DATE r V) 1 cn N o L O eo 0 'W N W r c M CO W (1,1 • .0 G 0 0 Q m Q E E 1,247,102.00 ER Initial Contract Price = C • o Q Q Q Q Q Q 'o aZZZZZz U f3 Q > 0) ID 3 N O • a w > 3 O EQ 0 O 0 0 0 0 0 N O) ct M O) CO M M ti CO CO CO 0) O r l"- CO CO 7v cr. (000OCO OCi r CO CV (O CO CO 000)vMOO tf) O LC) M CO CO M 00 CO r N N r r N N N N CO r O N C0 In ✓ M o r o • r-:r-:uiuio CO N O) U1 00 CO O) CO CO 00 ti N M r � • ER ER ER ER ER ER 4 O 000000 0) 0) 0) 0) 0) 0) 0) m m m CD m m CD s s c c t O 0 0 0 0 0 0 1,270,694.12 Updated Contract Price HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 5 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 05 A) Contract Price Prior to this Change Order $ 1,268,648.61 Net Increase (Decrease) Resulting from this Change Order $ 785.46 New Contract Price Including this Change Order $ 1,269,434.07 B) Contract Time Prior to the Change Order (Number of Days) 199 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) -0- days New Completion Date Including this Change Order 26 July 2011 AGREED: AN Authorized Signature Date: -31 )e;'t \ C \OD C " E'6 Ct S C`>i` 'C\, 6 c) Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (meeting date ) CI Y OF BASTIAN: Date: ger P • ject Manager Finance Directo City Attorney Administrative Services Director as to budget as to legal for compliance Sally A. Mai6, MMC, City Clerk AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 05 PROJECT #: 10- 000054 DATE: March 9, 2011 PROJECT SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER. CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 ADD A 50 AMP FREEZER CIRCUIT BREAKER WIRE AND RECEPTACLE WITH SINGLE POINT CONNECTION PER COMPLETE ELECTRIC PROPOSAL OF MARCH 7, 2011: $ 500.00 PROJECT MANAGER (1 HOUR @ $82.00/HOUR): $ 82.00 PROJECT ADMINISTRATOR (2 HOURS @ $40.00 /HOUR) $ 80.00 SUBTOTAL 1,15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD & PROFIT SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAY JUSTIFICATION: OWNER REQUEST AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: MARCH 9. 2011 $ 662 00 $ 7.61 $ 669.61 $ 100.44 $ 770.05 $ 15.40 $ 785.46 OW ER ' CCEPTANCE: DATE: PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL ;O TO OWNER m5.XLS 1461 Kinetic Road, Lake Park, FL 33403 -1911 Office (561) 863- 9004 Fax (561) 863 -9007 Contractor License # C3C006515 Architect License # A, 26000694 REQUEST FOR CHANGE DATE: 3/7/2011 RFC# 2 FROM: COMPLETE ELECTRIC, INC COMPANY NAME: AHRENS COMPANIES ADDRESS: 1461 KINETIC ROAD LAKE PARK, FL 33404 -1911 (561) 863 -9004 (561) 863 -9007 PHONE: FAX: EMAIL: PROJECT NAME: Sebastian Hangar (B) This change must be signed and approved before any material is ordered and any associated work is completed. SCOPE: ' Addition of (50) Amp freezer circuit breaker, wire and receptacle with single point connection only. GRAND TOTAL: $500.00 DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days itslmqs um,ain Customer Signature signifies authorization of quoted work and acceptance of payment liability. Payment is due upon completion of work or satisfactorily passing any required inspections. If invoice a not paid and Contractors engages attomey to enforce collection. customer agrees to pay all expenses and court costs of IAigation including court costs and reasonable attorney fees to be fixed by any court in which said attorney is required to appear. Customer further agrees that he maybe sued in Indian River County. 01 Court Customer Signature DATE HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 4 PROJECT NAME: Airport Hanger B PURCHASE ORDER # 6434 FY11 PROJECT #: C0951 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561- 863 -9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 04 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order $ 1,263,793.49 $ 4,855.12 $ 1,268,648.61 199 days 02 days 26 July 2011 GREED: MP .4i Y Authorized Signature Date: :a1\ \■ CAp0- t`fi C : AHRENS A61 COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 04 PROJECT #: 10- 000054 PROJECT SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: March 15, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 WE HAVE BEEN REQUESTED TO PRICE OUT THE WORK ASSOCIATED WITH THE AT &T SERVICE AND COMCAST SERVICE. COMPLETE ELECTRIC HAS PROPOSED IN THEIR MARCH 7 2011 CORRESPONDENCE: 1 AT &T 2 COMCAST (CONDUIT SUPPLIED BY OTHER /INSTALLED UNDER THIS ORDER): PROJECT MANAGER (1 HOUR @ $82.00 /HOUR): PROJECT ADMINISTRATOR (2 HOURS @ $40.00 /HOUR) SUBTOTAL 1,15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD & PROFIT SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME 2 WORKING DAY JUSTIFICATION: OWNER REQUEST AHRENS COMPANIES. RICHARD C AHRENS EXECUTIVE VICE PRESIDENT DATE MARCH 15: 2011 00 TO OWNER 44 XLS 2,650.00 1,280.00 82.00 80.00 4,092.00 47.06 4,139.06 620.86 4,759.92 95.20 4,855.12 PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403 -1 911 Office (561) 863 -9004 Fax (361) 863 -9007 Contractor License 4 CBC006515 Architect License i AA 26000694 REQUEST FOR CHANGE DATE: 3/7/2011 RFC# 3 FROM: COMPLETE ELECTRIC, INC COMPANY NAME: AHRENS COMPANIES ADDRESS: 1461 KINETIC ROAD LAKE PARK, FL 33404 -1911 PHONE: (561) 863-9004 FAX: (561) 863 -9007 EMAIL: PROJECT NAME: Sebastian Hangar (B) This change must be signed and approved before any material is ordered and any associated work is completed. SCOPE: * 1. Provide and install 2" conduit for ATT &T service. $2650.00 * 2. Install 2 1I2" conduit (Conduit provided by others) for comcast service from the north side * of the airport drive to Hangar B and from Hangar B to Hangar C. $1280.00 GRAND TOTAL: $3,930.00 DUE TO THE EXTENT OF THIS CHANGE; WE REQUEST THE JOB SCHEDULE INCREASE BY 0 days Pevn,est 41.11. Customer Signature signifies authorization of quoted work and acceptance of payment liability. Payment is due upon completion of work or satisfactorily passing any required inspections. if invoice is not paid and Contractors engages attorney to enforce collection. Customer agrees to pay all expenses and court costs of litigation including court costs and reasonable attorney tees to he fixed by any court in which said attorney is regwre6t to appear Customer further agrees that he may be sued in Indian River County, Fl Court Customer Signature DATE art Of HOME OF PELICAN NAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 3 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 03 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days) New Completion Date Including this Change Order $ 1,265,690.49 $ (1,897.00) $ 1, 263,793.49 199 days -0- days 24 July 2011 A EED: uthorized Signa ure Date: 31,7;1), x4 C: , ed CaS CX -: \�C. Or) A- v ca \Th cs‘J... Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount Tess than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (m . ng date ) STIAN: Date: 3./7. /1 Pro ct Manager Finance Director City Attorney Administrative Services Director as to budget as to legal for compliance Sally A. aio, MMC, City Clerk A AHRENS A1411 COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 03 REVISED PROJECT #: 10- 000054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: March 16, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 CREDIT FOR ELIMINATING THE EXISTING ASPHALT TARMAC REMOVAL FROM OUR SCOPE OF WORK. OWNER WILL BE RESPONSIBLE FOR MILLING THE EXISTING ASPHALT AND REMOVING THE MATERIAL FROM THE PROJECT SITE, COORDINATING AND PAYING FOR THIS DIRECTLY. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAY JUSTIFICATION: DELETE FROM AHRENS COMPANIES SCOPE OF WORK AHRENS COMPANIES: /l ,1 RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: MARCH 16, 2011 0 NE $ (1,897.00) ACCEPTANCE: DATE: K. %7 1i PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #3 rev see XLS 1461 Kinetic Road, Lake Park, IL 33403 -1911 Office (561) 863-9004 Fax 1561) 863 -9007 Contractor License # CBC006515 Architect License # AA26000694 From: jlylewpe ©aim.com [mailto:jlylewpe ©aim.com] Sent: Thursday, March 03, 2011 3:14 PM To: Greg Celentano Subject: Re: Sebastian Hangar B - Tarmac Milling proposal Greg, On the demolition line item, $444.00 was for sawcutting & $1,897.00 was for asphalt removal. The total for the milling would be $4,957.00 minus ( -) $1,897.00 which would give you a net add of $3,060.00. Jeff Lyle Estimator Parmenter Excavating, LLC Office (321) 724 -8760 Fax (321) 676 -7704 Cell (321) 298 -6237 Original Message From: Greg Celentano < GregCelentano @ahrenscompanies.com> To: jlylewpe <jlylewpe @aim.com> Sent: Thu, Mar 3, 2011 2:18 pm Subject: Sebastian Hangar B - Tarmac Milling proposal Jeff, Per the contract, your scope includes taking up the existing asphalt tarmac per the plans and loading it into City trucks. Joe would like a price to have it milled and then loaded into City trucks. He wants to use it for a parking lot at the golf course. Please let me know what this will cost. Thank you, 3/9/2011 HOME Of PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 2 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger B PROJECT #: C0951 PHONE #: 561- 863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 01 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days TOTAL (Number of Days) New Completion Date Including this Change Order $1,261,063.18 $ 4,627.31 $1,265,690.49 .l-9$ days 1 day(s) 200 days .7,,,tbe my 2011 A SEED: uthorized Signature Date: ,/ 3/ // Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order (me t' g date ) CI Y O ' . : ASTIAN: I A/IV ger Date: i774'71 Project Manager Finance Director' /� t City Attorney as to budget as to legal Sally A. aio, MMC, City Clerk ti AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 02 PROJECT #: 10- 000054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: January 24, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 ADDITION OF 10 INCH TIDE FLEX CHECK VALVE IN TRENCH DRAIN OVERFLOW LINE AT DETENTION AREA (PER PARMENTER ATTACHED PROPOSAL): $ 3,900.00 SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD & PROFIT SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 1 WORKING DAY JUSTIFICATION: OWNER REQUEST AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: JANUARY 24, 2011 CO TO OWNER #2.XLS $ 3,900.00 $ 44.85 $ 3,944.85 $ 591.73 $ 4,536.58 $ 90.73 $ 4,627.31 OW ER' ' CCEPTANCE: DATE: 12,51" PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 334011911 Office (361) 863 -9004 Fax (561) 863 -9007 Contractor License # CBCOO6515 Architect License # AA26000694 a9n 24 11 02:16p PARMENTER EXCAVATING 3216767704 PARMENTER EXCAVATING, LLC P.O. Box 61885 - PALM BAY, FLORIDA 32906 TELEPHONE: (321) 724 -8760 (321) 728 -3033 FAX (321) 676 -7704 Greg Celentano Ahrens Companies 1461 Kinetic Road Lake Park, Fl 33403 -1911 p.3 January 24, 2011 Project: Sebastian Airport Hangar "B" DESCRIPTION QUANTITY UNIT PRICE TOTAL Add check valve to 10" DIP line 1 EA $3,900.00 S3,900,00 (TideFlex check valve) ( Change Order #2 Total I $3,900.00 Respectfully Submitted, F renter Ex r eating, LLC Je tima or Page 1 of 1 HOME OF PELICAN ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 1 PURCHASE ORDER # 6434 FY11 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger B PROJECT #: C0951 PHONE #: 561 -863 -9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "B" Project Design -Build Services Agreement CONTRACT DATE: 16 December 2010 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 01 A) Contract Price Prior to this Change Order Net Increase (Decrease) Resulting from this Change Order New Contract Price Including this Change Order B) Contract Time Prior to the Change Order (Number of Days) Net Increase (Decrease) Resulting from the Change Order (Number of Days TOTAL (Number of Days) New Completion Date Including this Change Order $1,247,102.00 $ 13,961.18 $1,261,063.18 195 days 4 days 199 days /L3 )-9-fu1y 2011 A _ REED: 1 Authorized Signature Date: 14.3 Approvals By City of Sebastian in accordance with Code Sec. 2 -10 (check one): X City Manager Authorization — cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization — cumulative amount exceeds 15% of contract price or $15,000 single change order ( ting date ) BASTIAN: anager Date: 1774n1 t Project Manager Finance Director City Attorney as to budget as to legal A T x Sally A. M "s, MMC, City Clerk AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 01 PROJECT #: 10- 000054 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR B 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DATE: January 24, 2011 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DRAINAGE REVISIONS REFERRED TO AS "OPTION 2" PER MBV PLANS AS ITEMIZED IN ATTACHED PARMENTER PROPOSAL. PARMENTER EXCAVATING QUOTE: $ 9,029.80 MBV ENGINEERING QUOTE: $ 2,000.00 ARCHITECT (3 HOURS @ $125.00 /HOUR): $ 375.00 PROJECT MANAGER (2 HOURS © $82.00 /HOUR): $ 164.00 PROJECT SUPERINTENDENT (2 HOURS @ $59.00 /HOUR): $ 118.00 PROJECT ADMINISTRATOR (2 HOURS @ $40.00 /HOUR) $ 80.00 SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD & PROFIT SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 4 WORKING DAYS JUSTIFICATION: OWNER REQUEST AHRENS COMPANIES: RICHARD C. AHRENS EXECUTIVE VICE PRESIDENT DATE: JANUARY 24, 2011 CO TO OWNER #1.XLS $ 11, 766.80 $ 135.32 $ 11,902.12 $ 1,785.32 $ 13,687.44 $ 273.75 $ 13,961.18 OW ER' CCEPTANCE: DATE: PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403- 191.1 Office (561) 863 -9004 Fax (361) 863 -9007 Contractor License # CBC006515 Architect License # AA26000694 '` Jan 24 11 02:18p PARMENTER EXCAVATING 3216767704 p.2 PARMENTER EXCAVATING, LLC P.O. Box 61885 - PALM BAY, FLORIDA 32906 TELEPHONE: (321) 724-8760 (321) 728-3033 FAX (321) 676-7704 Greg Celentano Ahrens Companies 1461 Kinetic Road Lake Park, R 33403-1911 January 24, 2011 Project: Sebastian Airport Hangar "B" DESCRIPTION QUANTITY UNIT PRICE TOTAL Option #2: Add Type "C" inlets Delete 15" RCP pipe Add 15' HDPE pipe Add 18" HDPE pipe Add Type "D" curb Add 12" HOPE pipe Change S. side RWL to 15" HDPE Additional Survey/Lay-outtAs-builts Change Order #1 Total Respectfully Submitted, rmenter Ex vating, LLC stim. or 3 EA $1,155.00 $3,465.00 72 LF -$12.85 -$925.20 140 LF $11.50 $1,610.00 100 LF $15.00 $1,500.00 150 LF $8.50 $1,275.00 40 LF $8.00 $320,00 1 LS $1,015.00 $1,015.00 1 LS $770.00 $770.00 Page 1 of 1 $9,029.80 Cf1Y OF HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST — SEBASTIAN, FL 32958 PHONE 772 - 228 -7001 — FAX 772 - 228 -7078 jgriffinna cityofsebastian.org NOTICE TO PROCEED DESIGN/BUILD HANGER "B" PROJECT at SEBASTIAN MUNICIPAL AIRPORT DATE: January 5, 2011 TO: Richard C. Ahrens, CEO Ahrens Companies 1461 Kinetic Road Lake Park, FL 33403 -1911 You are hereby notified to commence work as soon as possible, per the terms and conditions of the proposal submitted by you regarding the SEBASTIAN MUNICIPAL AIRPORT HANGER "B" PROJECT DESIGNBUILD SERVICES AGREEMENT. The project manager is Joe Griffin, Airport Director, Sebastian Municipal Airport. All substantial communication pertaining to this project should be directed to him at 772 - 633 -0151. The construction manager for the project is Wayne Eseltine, City Of Sebastian Building Department Director. His contact number is: 772 -388 8235. We look forward to working with you on this project. • A ' in er C. Manager CITY OF HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT HANGER "B" PROJECT DESIGN -BUILD SERVICES AGREEMENT THIS AGREEMENT made this 16th day of December, 2010, by and between the CITY OF SEBASTIAN, (hereinafter "City ") a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ( "CITY ") and Ahrens Companies, a Florida corporation, whose address is 1461 Kinetic Road, Lake Park, FL 33403 -1911 (hereinafter "DESIGN /BUILDER "). This document contains thirty -eight (38) pages. WHEREAS, the CITY desires to engage a Florida licensed contractor who has special and unique competence and experience in providing design -build construction services necessary to complete the Project hereunder; and, WHEREAS, the DESIGN /BUILDER represents that it has such competence and experience in providing these services; and, WHEREAS, the CITY in reliance on such representation has selected the DESIGN /BUILDER in accordance with its procedure for selection of DESIGN /BUILDER; and, WHEREAS, the CITY and the DESIGN /BUILDER desire to reduce to writing their understanding and agreements on such professional services. IT IS, THEREFORE, AGREED as follows: 1.0 EMPLOYMENT OF DESIGN /BUILDER The CITY hereby agrees that it engages the DESIGN/BUILDER and the DESIGN /BUILDER hereby agrees to perform services for the CITY in accordance with this Agreement for the DESIGN /BUILD HANGER BUILDING `B" AT SEBASTIAN MUNICIPAL AIRPORT. This Agreement is not an exclusive agreement and the CITY may employ other contractors, professional or technical personnel to furnish services for the CITY as the CITY in its sole discretion finds is in the public interest. The Agreement shall not be construed to create a contractual relationship of any kind between the CITY and Subcontractor(s), or, between any person or firm other than the CITY and DESIGN /BUILDER. The DESIGN /BUILDER shall not sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of his right, title of interest therein or his obligations thereunder, or moneys due or to become due under this Contract. 2.0 CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY and DESIGN /BUILDER are incorporated herein and made a part hereof, and consist of the following: 1 a. This Design -Build Hanger Building "B" at Sebastian Municipal Airport Agreement; b. Request for Proposal & Technical Criteria Package (Bid Documents) for Design -Build Services for the Design -Build Hanger Building "B" at Sebastian Municipal Airport project dated October 15, 2010, with Addendum No. 1 dated October 28, 2010, and Addendum No. 2 dated November 2, 2010; c. Ahrens Enterprises Proposal Package dated November 12, 2010 with Proposal Price Form Summary of Costs, Affidavits, Certification and Design Criteria; d. Plans, Specifications and other design documents prepared and approved in accordance with this Design -Build Hanger Building "B" at Sebastian Municipal Airport Agreement; e. Certificates of Insurance and Endorsements; f. Performance and Payment Bonds; g. St. Johns River Water Management District Stormwater Environmental Resource Permit; h. FDOT grant: FPN 416287- 1- 94 -01; i. Any written modifications, including Change Orders and Work Orders; and j. Any other documents referenced in these Contract Documents. 2.1 INTENT. The intent of the Contract Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, tools and equipment, temporary facilities and systems, and transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the DESIGN /BUILDER. Performance by the DESIGN /BUILDER shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. 2.2 ENTIRE AND SOLE AGREEMENT. Except as specifically stated herein, the Contact Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Contact Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Contact Documents. 2.3 AMENDMENTS. The parties may modify this Agreement at any time by written agreement. Neither the Contract Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY. This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Contract Documents, or otherwise involving the Project, shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 THE WORK 3.1 Subject to and in accordance with the terms and provisions of the Contract Documents, the DESIGNBUILDER agrees to design and construct the Project for the CITY. 3.2 The DESIGNBUILDER agrees to provide all the professional design services, labor, material, supplies, equipment, transportation, apparatus, light, energy, temporary facilities and systems, scaffolding and tools necessary for the proper design, construction and completion of the Work described in the Contract Documents. 3.3 The DESIGN /BUILDER shall remain fully liable to CITY for the adequacy of the Plans and Specifications and other documents, the ultimate and acceptable design and construction of the PROJECT, and for any errors and omissions that may exist thereon, whether the work is done in house by the DESIGN /BUILDER, by joint venture, or by retention of a design professional by the DESIGN /BUILDER. 3.4 The Plans and Specifications prepared by DESIGN /BUILDER, DESIGNER, and Subcontractors in connection with the Project shall be a "work made for hire" and the CITY shall be vested with all rights of ownership thereto. Any use by the CITY of such Plans and Specifications for other projects unrelated to this Project shall be at the CITY's sole risk. 4.0 COMPENSATION CITY shall pay DESIGN /BUILDER, in the manner set forth herein, One Million Two Hundred Forty Seven Thousand One Hundred Two Dollars ($1,247,102) "Contract Price" for performance of the Work, which shall comprise total compensation to DESIGN /BUILDER. The indicated amount includes: Total Base Price; plus Additive Alternates 2, 5, 6, 7. The agreement of the parties hereto is that the DESIGNBUILDER shall bear all costs and expenses of any kind, type or nature for Work specified in the Contract Documents and such additional work as may be reasonably inferred therefrom, and deliver to CITY at the Contract Price, the Project as specified in the Contract Documents, which upon completion and delivery, shall be satisfactory to the CITY and all governmental authorities having jurisdiction thereof 3 5.0 TIME OF COMMENCEMENT AND COMPLETION 5.1 Following execution of this Agreement and verification of compliance with all submittals required of DESIGNBUILDER hereunder, CITY shall issue a Notice to Proceed to begin the Work. 5.2 CITY shall promptly and diligently assist DESIGN /BUILDER pursue the acquisition of all required permits to allow construction of the Project in the manner proposed by DESIGN /BUILDER under the Contract Documents. 5.3 The time of Substantial Completion of the Work shall be one hundred ninety -five (195) days following issuance of the Notice to Proceed. 5.4 The Work shall be completed, ready for final payment within thirty-five (35) days after the actual date of Substantial Completion. In no event shall the Work to be performed under the Contract Documents be considered completed until all construction items required by the drawings, plans and specifications have been fully completed and approved by the CITY and all governmental authorities having jurisdiction thereof, and a Certificate of Final Inspection and DESIGNBUILDER's Release have been issued. 5.5 LIQUIDATED DAMAGES. The CITY and DESIGNBUILDER recognize that time is of essence of this Agreement and that CITY will suffer financial loss if the Work is not completed within 195 days, plus any extensions thereof allowed in accordance with the Contract Documents. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, CITY and DESIGNBUILDER agree that as liquidated damages for delay (but not as a penalty) DESIGNBUILDER shall pay CITY two hundred dollars ($200) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. 6.0 DESIGNBUILDER'S DUTIES AND STATUS 6.1 PROFESSIONAL FIDUCIARY RELATIONSHIP TO CITY 6.1.1 The DESIGN /BUILDER recognizes the relationship of trust and confidence established between it and the CITY by the Contract Documents. It covenants with the CITY to furnish its best skill and judgment, to cooperate with the CITY to incorporate in the Work only materials which shall be new and of the best of the kind of grades specified to insure that all workmanship shall be to the best of the recognized standard known to the various trades, to furnish efficient business administration and supervision, to keep at all times an adequate supply of workers and materials at the site, and to prosecute the completion of the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the CITY. 6.1.2 The DESIGN /BUILDER hereby represents and warrants to CITY that DESIGNBUILDER is skilled and experienced in the design and construction of projects of the 4 type depicted in the Proposal Documents, and that the DESIGN /BUILDER by careful examination has satisfied itself as to the general area in which the improvements are to be located, including, but not by way of limitation, soil conditions, climate conditions, surrounding neighborhood and structures, local utilities, available labor supply and cost, all local governmental requirements, and available equipment supply and cost as well as all other items which in the DESIGNBUILDER's judgment could in any manner affect the timely performance of the Work. 6.2 DESIGN WORK 6.2.1 DESIGNBUILDER shall engage qualified, licensed design professionals (hereinafter collectively called "DESIGNER ") to provide design services (including, without limitation, engineering, architectural, and other professional design services) for the preparation of Drawings, Specifications and other design submittals for the construction and compilation of the Work in accordance with the Contract Document. 6.2.2 The DESIGNER and other design professionals shall be engaged solely by DESIGNBUILDER. All agreements between DESIGNBUILDER and the DESIGNER and other design professionals, and any modifications thereof, shall be in writing. Copies of these agreements shall be furnished to CITY promptly upon CITY's request. DESIGNBUILDER shall be responsible to CITY for the acts and omissions of DESIGNBUILDER's employees, agents and independent contractors (including, without limitation, the DESIGNER, other design professionals and all Subcontractors), and their agents and employees, and all other persons or entities performing the obligations of DESIGN /BUILDER under the Contract Documents. 6.2.3 DESIGN /BUILDER shall carefully review the Contract Documents and other information relative to the Design Criteria, shall carefully evaluate existing conditions related to the Work (utilizing such tests and measurements as DESIGNBUILDER deems advisable), shall carefully evaluate the site and related field conditions and shall report promptly to CITY any errors, inconsistencies or omissions. It shall be the DESIGN /BUILDER's sole responsibility to evaluate any additional topographical surveys, soil tests, drainage plans and any other engineering reports, plans or tests that, in its professional opinion, are required to insure that sufficient information is available for the completion of the Work. Any additional work, regardless of its nature and scope, required as a result of said surveys, tests, reports or plans in order to complete the Work shall be performed at DESIGN /BUILDER's sole cost and expense. However, it is understood that DESIGN /BUILDER cannot be held liable for any unknown or hidden hazards that could not have been reasonably discovered by a DESIGN /BUILDER similarly situated in the design/build industry. 6.2.4 DESIGN /BUILDER shall provide design documents sufficient to establish the size, quality and character of the Project, the architectural, structural, mechanical and electrical systems of the Project, and the materials and such other elements of the Project as are required by the Contract Documents. The design documents may be prepared in a series of design submissions. In the process of preparing the interim design documents, DESIGNBUILDER and CITY shall meet and review the status and progress thereof based upon an agreed upon schedule. At such meetings, DESIGNBUILDER shall identify any deviations from the Contract Documents and any previously reviewed design submissions. Minutes of each meeting shall be maintained by 5 DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and other persons designated by CITY. The design documents and all interim design submissions shall be subject to CITY's written approval. 6.2.5 After CITY has approved the design documents in writing, DESIGN /BUILDER shall provide construction documents setting forth in detail the requirements for the construction of the Project. The construction documents shall include Drawings and Specifications and be consistent with the approved design documents. In the process of preparing the construction documents, DESIGN /BUILDER and CITY shall meet and review the status and progress thereof based upon an agreed upon schedule. Minutes of each meeting shall be maintained by DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and those persons designated by CITY. The construction documents shall be subject to the written approval of CITY and no construction Work shall be performed prior to receipt of such written approval. 6.2.6 CITY' s review and approval of design documents and the construction documents is intended to assure they are compatible with the Design Criteria and other expectations of CITY with respect to the Project. CITY's review and approval of any design documents or construction documents shall not be construed or deemed to either transfer any design liability from DESIGN /BUILDER to CITY or to otherwise release DESIGNBUILDER from liability in connection with the design of the Project. 6.2.7 Upon receipt of CITY's written approval of the construction documents, DESIGN /BUILDER shall prepare and file all applications and accompanying documentation required to obtain the building permit and other governmental permits and approvals required for construction of the Project. 6.2.8 DESIGNBUILDER shall obtain from each of DESIGN /BUILDER's design and engineering professionals and furnish to CITY certifications with respect to the documents and services provided by such professionals as follows: A. That the documents and/or services to which such certifications relate (i) are consistent with the Design Criteria set forth in the Contract Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable practice standards and standards of care, and (iii) comply with all applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and B. That CITY and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. 6.3 BEFORE CONSTRUCTION 6.3.1 Before undertaking each part of the Work, DESIGN /BUILDER shall carefully study and compare the Proposal Documents and check and verify pertinent figures shown thereon and all applicable field measurements. DESIGN /BUILDER shall promptly report in writing to CITY any conflict, error or discrepancy which DESIGN /BUILDER or any of his Subcontractors or Suppliers 6 may discover and shall obtain a written interpretation or clarification from CITY before proceeding with any Work affected thereby. 6.3.2 Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), DESIGNBUILDER shall submit to CITY for review a Preliminary Progress Schedule indicating the starting and completion dates of the various stages of the Work and a proposed schedule of Shop Drawing submissions, and within ten (10) days after completion of final design, a proposed Schedule of Values of the Work on the form approved by CITY, and a listing of manpower and cash flow projections through the Contract Time. 6.3.3 The Schedule of Values shall include prices of items not exceeding the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for Applications for Payment during construction. DESIGNBUILDER shall confirm in writing at the time of submission that an appropriate amount of direct costs, supplemental costs, administrative expenses, contingencies and profit have been allocated to each item of Work. 6.3.4 CITY will review and return the schedules submitted in accordance with this Article and DESIGNBUILDER, if required, shall revise, adjust or modify and resubmit acceptable schedules within the time periods required, and if none are required, at least ten (10) days before submission of the first Application for Payment. 6.4 PRE- DESIGN AND PRE- CONSTRUCTION CONFERENCE 6.4.1 No later than ten (10) days after the effective date of the Agreement, a conference will be held for the review of the Design Criteria and to establish procedures and schedules for the design phase of the Project, to review any required professional liability insurance coverage required with respect to the design Work and to establish a working understanding among the parties regarding the design Work, DESIGNBUILDER as well as the DESIGNER and other design professionals engaged by DESIGN /BUILDER shall attend the conference. 6.4.2 Pre - Construction Conference - Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work and to the management of all aspects of the Project. DESIGNBUILDER shall attend such conference and shall require any or all of its Subcontractors and Suppliers, as CITY directs, to attend the conference. 6.4.3 Unless otherwise stated at the Pre - Construction Conference or a Project Meeting, the CITY's Project Manager as assigned in writing by CITY will be the single authorized representative of CITY assigned the duty of, and authorized to, transmit or receive communications between DESIGN /BUILDER and CITY for the remaining term of the Agreement. 7 6.5 DUE DILIGENCE 6.5.1 Before ordering any material or doing any work, DESIGN /BUILDER shall verify all measurements and conditions at the existing site and ensure the accuracy and suitability of same. No additional compensation will be allowed or paid on account of any difference between actual dimensions and measurements indicated in the Proposal Documents. Any differences which may be found shall be submitted to the CITY for instructions before proceeding with the Work. 6.5.2 DESIGN /BUILDER shall purchase all materials in accordance with the accepted Work Schedule so as to avoid delays and substitutions when such materials are to be incorporated in the Work; said materials are to be stored in designated locations in a manner secure from all identifiable risks. 6.6 STAGING AREAS The DESIGN /BUILDER and CITY shall identify the preferred staging areas adjacent to the construction site. Upon completion of the Project, it is the responsibility of DESIGN /BUILDER to restore the staging areas to an agreed -upon state. 7.0 DESIGN APPROVALS 7.1 The DESIGN /BUILDER shall timely submit to the CITY, for review and approval, Preliminary Design documents including, but not limited to, elevations, sections and an outline of specifications that are based on and comply with the Design Criteria and the Proposal Documents. 7.2 The DESIGN /BUILDER shall timely submit to the CITY, for review and approval, Design Development documents including, but not limited to, elevations, miscellaneous details and an updated set of specifications which are based on and comply with the Design Criteria, the Proposal documents and the CITY - approved Preliminary Design documents. 7.3 The DESIGN /BUILDER shall timely submit to the CITY, for review and approval, Final Plans and Specifications that shall be based on compliance with the Design Criteria, the Proposal Documents and the previously approved Design Development documents. 8.0 PLANS, SPECIFICATIONS AND RELATED DATA 8.1 INTENT OF PLANS AND SPECIFICATIONS 8.1.1 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, DESIGN /BUILDER or any member of DESIGN /BUILDER or any subcontractor finds a gap, conflict, error or discrepancy in the Contract Documents, DESIGN /BUILDER shall report it to CITY in writing at once and before proceeding with the Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after its discovery of such gap, conflict, error, or discrepancy, which is directly or indirectly affected by such gap, conflict, error, or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors and discrepancies between the Contract 8 Documents, the documents shall be given preference in the following order: Change Orders, Design Criteria, Design/Build Agreement, Notice to Proceed, Approved Plans and Specifications, Approved Shop Drawings, Proposal, remaining portions of the Request for Proposals Package, Performance and Payment Bonds, Insurance Certificates and Endorsements, Affidavits and Certifications. Any Work done by the DESIGNBUILDER or any of its Subcontractors after the discovery by the DESIGN /BUILDER of such gaps, conflicts, errors and discrepancies and without the resolution thereof will be at the DESIGNBUILDER's own risk and it shall bear all costs arising therefrom. 8.1.2 DESIGN /BUILDER shall ensure that the Contract Documents, which includes any Drawings, Plans and Specifications prepared by DESIGNBUILDER or any member of DESIGN /BUILDER or any Subcontractor, are in compliance with and complementary to the Design Criteria. If during the performance of the Work, DESIGNBUILDER or any member of DESIGN /BUILDER or any Subcontractor finds a gap, conflict, error or discrepancy between the Design Criteria and the remaining Contract Documents, the DESIGNBUILDER shall report it to CITY in writing at once and before proceeding with any Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGN /BUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after his discovery of such gap, conflict, error or discrepancy, which is directly or indirectly affected by such gap, conflict, error or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors or discrepancies between the Design Criteria and Contract Documents, the Design Criteria shall be given precedence unless modified in writing. 8.1.3 Specifications have precedence over drawings. Figured dimensions on drawings shall govern, but Work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large -scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancies between any drawings and the figures thereon, the figures shall be taken as correct. 8.1.4 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words having a well -known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Proposals except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract or Proposal Documents) shall change the duties and responsibilities of CITY or 9 DESIGNBUILDER, or any of their agents or employees from those set forth in the Contract or Proposal Documents. 8.2 SHOP DRAWINGS AND SAMPLES 8.2.1 After checking and verifying all field measurements and conditions, and after complying with applicable procedures specified in the General Requirements, DESIGNBUILDER shall submit to CITY for review and approval in accordance with the accepted schedule of Shop Drawing submissions, two (2) copies for use by CITY, plus additional copies as required by DESIGNBUILDER of all Shop Drawings, which shall have been checked by and stamped with the approval of DESIGN /BUILDER and identified as CITY may require. 8.2.2 DESIGNBUILDER shall also submit to CITY for review and approval, with such promptness as to cause no delay in the Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of DESIGNBUILDER, identified clearly as to material, manufacturer, any pertinent data such as catalog numbers, and the use for which it is intended. 8.2.3 DESIGNBUILDER's stamp of approval on any Shop Drawing or sample shall specifically indicate in writing, or if not indicated in writing, shall constitute a representation that DESIGNBUILDER has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, specified performance criteria, and similar data or assumes full responsibility for doing so, and that DESIGNBUILDER has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 8.2.4 At the time of each submission, DESIGN /BUILDER shall in writing call CITY's and DESIGNER's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted of each such variation. 8.2.5 DESIGNER's and CITY's review and approval of Shop Drawings or samples shall not relieve BUILDER from responsibility for any variation from the requirements of the Contract Documents unless DESIGN /BUILDER has in writing called DESIGNER's and CITY's attention to each such variation at the time of submission and CITY has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by DESIGNER or CITY relieve DESIGNBUILDER from responsibility for errors or omissions in the Shop Drawings or from responsibility for verifying dimensions, measurements, field conditions, and compliance with the Design Criteria. 8.2.6 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been returned by CITY and noted "Approved" or" Approved As Corrected ". 8.2.7 All costs incurred in connection with CITY's review and return of a particular Shop Drawing or sample submission after CITY's second time review shall be borne by 10 DESIGN /BUILDER, including any consultants' charges to CITY for the same. CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 8.2.8 In reviewing Shop Drawings or samples, CITY shall be allowed seven (7) business days from the date CITY receives the submittal or resubmittal from DESIGNER BUILDER to return the submittal in accordance with this Article, unless otherwise provided in the Contract Documents, or where the construction schedule will conflict. CITY's review and return of a Shop Drawing or sample within the time allowed shall not justify an increase in Contract Price or an extension in Contract Time. Any delay in connection with DESIGNBUILDER's submittal and any resubmittal of a particular Shop Drawing or sample shall represent delays under the control of DESIGNBUILDER and shall not justify an increase in Contract Price or an extension in Contract Time. 8.3 RECORD COPY OF DOCUMENTS AT JOB SITE. One (1) complete set of all Plans, Specifications, Work Orders, Addenda, Change Orders, Shop Drawings, samples and project information shall be maintained at the job site as a record copy, in good order and annotated to show all changes made during the construction process, and shall be available to the CITY at all times. A final copy thereof, along with "as- built" record drawings, operations and maintenance manuals, test results and certifications, and information/data sheets, shall be delivered to the CITY upon the completion of the Work. 8.4 SAMPLING AND TESTING. Except as otherwise provided, sampling, testing and certification of all materials, and the laboratory methods and testing equipment, required under the Specifications shall be in accordance with the latest standards or tenets of the American Society for Testing Materials. The testing of samples and materials shall be made at the expense of the CITY, except where indicated otherwise. The DESIGN /BUILDER shall furnish any required samples without charge. The CITY shall be given sufficient notification of the placing of materials to permit testing and certification. As an exception to the above, when the DESIGN /BUILDER represents a material or an item of work as meeting Specifications and under recognized test procedures it fails, any re- testing shall be at the DESIGN /BUILDER's expense. 8.5 EQUIPMENT AND /OR MATERIAL APPROVAL DATA 8.5.1 The DESIGN /BUILDER shall furnish one (1) copy of complete catalog data for every manufactured item of equipment and all components to be used in the Work, including specific performance data, material description, rating, capacity, material gauge or thickness, composition, testing results and certification, brand name, catalog number and general type. This submission shall be compiled by the DESIGN /BUILDER and submitted to the CITY for review and written approval before any of the equipment is ordered. 8.5.2 Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. 11 8.5.3 After written approval is received by the DESIGN /BUILDER, submission shall become a part of the Contract and may not be deviated from except upon written approval of the CITY. 8.5.4 Catalog data for equipment approved by the CITY does not in any case supersede the Contract Documents. The acceptance by the CITY shall not relieve the DESIGN /BUILDER from responsibility for deviations from Plans or Specifications, unless it has called the CITY's attention, in writing, to such deviations at the time of submission, nor shall it relieve DESIGN /BUILDER from responsibility for errors of any sort in the items submitted. The DESIGN /BUILDER shall check the work described by the catalog data with the Contract Documents for deviations and errors. 8.5.5 It shall be the responsibility of the DESIGN /BUILDER to insure that items to be furnished fit the space available. It shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the field installation shall suit the true intent and meaning of the Plans and Specifications. 8.5.6 Where materials or equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the DESIGN /BUILDER to install the material or equipment to operate properly, and in harmony with the intent of the Plans and Specifications, and to make all changes in the Work required by the different arrangement of connections at its own expense. 9.0 MATERIALS AND WORKMANSHIP 9.1 MATERIALS FURNISHED BY THE DESIGN /BUILDER. All materials and equipment used in the Work shall meet the requirements of the respective Specifications, and shall not be used until it has been approved in writing by the CITY. Wherever the specifications call for an item of material or equipment by a manufacturer's name and type, and additional features of the item are specifically required by the specifications, the additional features specified shall be provided whether or not they are normally included in the standard manufacturer's item listed. 9.2 STORAGE OF MATERIALS. Materials and equipment shall be stored so as to ensure the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and /or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. DESIGN /BUILDER shall submit for review and approval by CITY a storage plan prior to construction. 9.3 REJECTED WORK AND MATERIAL. All material, equipment or work which do not conform to the requirements of the Contract Documents, are not equal to samples approved by the CITY, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall be rejected. Any such rejected item shall be removed within ten (10) days after 12 written notice is given by the CITY, and the work shall be re- executed by the DESIGN /BUILDER. The fact that the CITY may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the DESIGN /BUILDER fail to remove rejected work or materials within ten (10) days after written notice to do so, the CITY may remove them and may store the materials and equipment. 9.4 MANUFACTURER'S DIRECTION. Manufactured articles, materials and equipment shall be applied, installed, erected, used, cleaned, and conditioned as directed by the manufacturer unless herein specified to the contrary. 9.5 SKILL AND CHARACTER OF WORKERS. Any person employed must have sufficient knowledge, skill and experience to perform properly the work assigned to them. 9.6 CUTTING AND PATCHING. The DESIGN /BUILDER shall do all necessary cutting and patching of the Work that may be required to properly receive the work of the various trades or as required by the Plans and Specifications to complete the Work. DESIGN /BUILDER shall restore all such cut or patched work in a manner meeting the approval of the CITY. Cutting of existing structures that could endanger the Work, adjacent property, workers or the public shall not be done unless approved by the CITY and under its surveillance. 9.7 CLEANING UP. 9.7.1 The DESIGN /BUILDER shall, at all time, keep the premises free from accumulation of waste materials or rubbish caused by its employees or work. During and at the completion of the Work, DESIGN /BUILDER shall remove all rubbish, tools, scaffolding and surplus materials and shall leave the work "broom clean" or its equivalent, unless more exactly specified, and shall ensure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the CITY, the DESIGN /BUILDER will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed 9.7.2 The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the CITY. In the event the CITY finds that the DESIGN /BUILDER has not complied in keeping the job site clean, the CITY may, after twenty -four (24) hours written notice to the DESIGN /BUILDER to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the DESIGN /BUILDER. 9.8 CITY'S OWNERSHIP OF MATERIALS. Any and all materials, whether structural or natural, found within the limits of the project remain the property of the CITY unless CITY ownership is specifically conveyed to the DESIGN /BUILDER. However, ownership of any and all spoil material removed vests with DESIGN /BUILDER at the time of 13 excavation. All material, equipment and work become the sole property of the CITY as installed. These provisions shall not be construed as relieving the DESIGN /BUILDER from the sole responsibility for all materials and work for which payments have been made, for the restoration of damaged work, or as a waiver of right of the CITY to require the fulfillment of all the terms of the Contract. 9.9 GUARANTEES 9.9.1 The DESIGN /BUILDER shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by CITY. 9.9.2 Such guarantee shall in no way limit or relieve the DESIGN /BUILDER of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. 9.9.3 All equipment and material warranties or guarantees shall be drawn in favor of the CITY and the originals thereof furnished to the CITY for review and acceptance prior to final payment. 10.0 CONSTRUCTION LAYOUT TO BE PERFORMED BY DESIGN/BUILDER 10.1 PERSONNEL, EQUIPMENT AND RECORD REQUIREMENTS. Adequate field notes and records shall be available for review by the CITY as the Work progresses and copies shall be available if necessary. Any inspection or checking of the DESIGN /BUILDER's field notes or layout work by the CITY and the acceptance of all or any part thereof, shall not relieve the DESIGN /BUILDER of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the project, the DESIGN /BUILDER shall mark in a permanent manner on the surface of the completed Work all control points shown on the Plans. 10.3 FURNISHING OF STAKE MATERIALS. The DESIGN /BUILDER shall furnish all stakes, templates and other materials necessary for establishing and maintaining the lines and grades necessary for control and construction of the Work. 10.4 LAYOUT OF WORK 10.4.1 Utilizing the control points furnished by the CITY, the DESIGN /BUILDER shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines and grades for construction of all items. 14 10.5 SPECIFIC STAKING REQUIREMENTS. Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. 10.6 COORDINATION WITH CITY. The CITY's recorded subdivision .plats are not guaranteed to be correct. The distance, bearing and curve information shall be established by the DESIGN /BUILDER's surveyor to control alignment throughout construction. All surveying activities will be coordinated with the CITY's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the CITY, that are disturbed or destroyed during construction shall be accurately replaced by the DESIGN /BUILDER's surveyor to the satisfaction of the CITY's surveyor. 10.7 LOCATION OF EXISTING UTILITIES AND PIPING 10.7.1 All existing underground utilities, such as telephone, cable television and electrical cables must be located by the DESIGN /BUILDER prior to starting work in accordance with established local procedures, and DESIGN /BUILDER shall contact the Utilities in accordance with established local procedures prior to commencing any work within the project area. There may be other utilities within the project area. 10.7.2 The cost of substantiating the location of utilities shall be borne by the DESIGN /BUILDER and included in the bid price. The DESIGN /BUILDER shall be responsible for the repair and /or replacement of utilities that it damages during the course of construction. 10.7.3 Utilities deemed to require relocation shall be identified by the DESIGN /BUILDER prior to commencing work. The DESIGN /BUILDER shall notice the CITY of the conflict and seek direction from the CITY prior to proceeding with work. Directions from the CITY may be to proceed despite conflict, place work order on hold and commence work at a different location, or relocate utilities under separate contract with the utility or a change order to be directed by the CITY. 11.0 PROGRESS AND COMPLETION OF WORK 11.1 DESIGN /BUILDER'S OBLIGATION 11.1.1 DESIGN /BUILDER shall supervise and direct the Work, using DESIGN /BUILDER's best skill and attention. DESIGN /BUILDER shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. 11.1.2 DESIGN /BUILDER shall enforce strict discipline and good order among DESIGN /BUILDER's employees and other persons carrying out the Work. DESIGN /BUILDER shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 15 11.1.3 DESIGN /BUILDER currently holds and shall maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11.1.4 DESIGN /BUILDER shall be responsible to the CITY for the acts and omissions of DESIGN /BUILDER's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with DESIGN /BUILDER. 11.1.5 DESIGN /BUILDER shall indemnify, defend and hold CITY harmless from all claims arising out of or related to its performance of the Work except for acts arising solely from the active negligence of the CITY. 11.2 SCHEDULE OF COMPLETION. The DESIGN /BUILDER's schedules are subject to the approval of the CITY, which shall not be unreasonably withheld, and shall reflect a logical sequence of the various components of work and the anticipated rates of production necessary to complete the Work on or before the completion date. DESIGN /BUILDER shall submit timely progress reports, and invoices therewith, on a no less than monthly basis. 11.3 PROPERTY OF OTHERS 11.3.1 Public Ownership. The DESIGN /BUILDER shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and /or right -of -way, and shall use every precaution necessary to prevent damage or injury thereto. It shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until a land surveyor has witnessed or otherwise referenced their location and shall not remove them until so directed by the CITY in writing. 11.3.2 Private Ownership. Mail and newspaper boxes, sprinkler systems, docks, ornamental shrubs, lawn ornaments, house numbers, fences, etc. may be removed and /or relocated by the property owners. However, should such items not be removed or relocated by the start of construction, the DESIGN /BUILDER shall remove the objects, in a manner which does not damage or injure the objects at no extra cost to the CITY, which interfere with the construction of the Project and relocate the same as shown in or implied by the Plans. Otherwise, the DESIGN /BUILDER shall not enter upon private property for any purpose without obtaining permission from the property Owner thereof. Where extensive intrusions upon private property are required for construction, the CITY and DESIGN /BUILDER shall cooperate to obtain permission and /or a Temporary Construction Easements from the landowner. 11.4 EXISTING UTILITIES AND FACILITIES. 11.4.1 Protection. All utilities and all structures of any nature, whether below or above ground, that may be affected by the Work but are not required to be disturbed or relocated by the very nature of the project, shall be protected and maintained by the DESIGN /BUILDER and shall not be disturbed or damaged by him during the progress of the Work; provided that, should the 16 DESIGN /BUILDER disturb, disconnect or damage any utility or any structure, all expenses of whatever nature arising from such disturbance or the replacement or repair and testing thereof shall be borne by the DESIGN /BUILDER. 11.4.2 Crossing Public Facilities. When new construction crosses highways, railroads, streets or similar public facilities under the jurisdiction of state, county, CITY, or other public agency or private entity, the DESIGN /BUILDER shall secure written permission prior to the commencement of construction of such crossing. The DESIGN /BUILDER will be required to furnish evidence of compliance with conditions of the permit from the proper authority before final acceptance of the Work by CITY. 11.5 CONDITION AND STREETS. DESIGN /BUILDER shall maintain streets and local roads utilized during construction in a manner addressing impacts of the Project to the condition of the same 11.6 CHANGES IN THE WORK. The CITY may order changes in the Work through additions, deletions or modifications without invalidating the Contract; however, any change in the scope of work shall require the written approval of the CITY. Compensation and time of completion affected by the change shall be adjusted at the time of ordering such change. The DESIGN /BUILDER shall do such changes in the Work and furnish such materials, labor and equipment as may be required for the proper completion of construction of the work contemplated. Changes in the Work not covered by the specifications or special provisions shall be done in accordance with specifications issued for this purpose. Changes in the Work required in an emergency to protect life and property shall be performed by the DESIGN /BUILDER as required. Each change order shall address impacts, if any, to the contract time and the contract price. In the absence of a written order, no claim for changes in the Work shall be considered. 11.7 EXTENSION OF CONTRACT TIME. 11.7.1 No extension of time shall be valid unless given in writing by the CITY. No monetary compensation shall be given for delay under any circumstances. 11.7.2 A delay beyond the DESIGN /BUILDER's control occasioned by a natural disaster or other significant event may entitle the DESIGN /BUILDER to an extension of time in which to complete the Work as determined by the CITY provided, however, the DESIGN /BUILDER shall immediately give written notice to the CITY of the cause of such delay. 11.7.3 "Rain day" extensions shall be granted upon written request of the DESIGN /BUILDER to the CITY's Project Manager when said Project Manager determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. 17 11.7.4 In the event that the CITY suspends the Work, the DESIGN /BUILDER shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except, however, that the DESIGN /BUILDER will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the DESIGN /BUILDER. 11.8 CORRECTION OF WORK 11.8.1 DESIGN /BUILDER shall, at no cost to the CITY, promptly correct Work failing to conform to requirements of the Contract Documents, whether observed before or after completion of the Work and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one (1) year from the date of completion of the Work or by the terms of an applicable special warranty required by the Contract Documents. The provisions of this Paragraph apply to the Work done by Subcontractors as well as to the Work done by direct employees of DESIGN /BUILDER. 11.8.2 Nothing contained in this Paragraph shall be construed to establish a period of limitation with respect to other obligations DESIGN /BUILDER might have under the Contract Documents. Establishment of the time period above relates only to the specific obligation of DESIGN /BUILDER to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish DESIGN /BUILDER'S liability with respect to DESIGN /BUILDER's remaining contractual obligations. 12.0 PUBLIC HEALTH AND SAFETY 12.1 PROTECTION OF PERSONS AND PROPERTY 12.1.1 The DESIGN /BUILDER shall conform to, and abide by, a project safety /security /risk management plan that describes the DESIGN /BUILDER's plans and procedures to protect the safety and property of property owners, passers -by and all other aspects of the Work. The plan shall be submitted by CONSULTANT and describes measures and precautions to be taken during working hours and non - working hours. 12.1.2 Safety Precautions and Programs. The DESIGN /BUILDER shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. The failure of DESIGN /BUILDER or any subcontractor hired by the DESIGN /BUILDER to comply with the Act constitutes a failure to perform. The DESIGN /BUILDER agrees to reimburse the CITY for any fines and /or court costs arising from penalties charged to the CITY for violations of OSHA committed by the DESIGN /BUILDER or any and all subcontractors. 12.1.3 Safety of Persons and Property. The DESIGN /BUILDER shall take all reasonable precautionary measures for the safety of, and shall provide all reasonable protection to 18 prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the DESIGN /BUILDER or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 12.1.4 The DESIGN /BUILDER shall be held fully responsible for such safety and protection until final written acceptance of the Work. 12.1.5 Temporary provisions shall be made by the DESIGN /BUILDER to insure the proper functioning of all swales, gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed except as approved by the CITY. This includes all provisions necessary for compliance with any regulatory requirements (such as NPDES) relating to erosion and turbidity control with such measures being indicated on a specifically dedicated project plan/drawing. 12.1.6 The DESIGN /BUILDER acknowledges that, in executing the Project, it will operate machinery and equipment that may be dangerous to the adjacent property owners and the general public. The DESIGN /BUILDER will be required to conduct excavations for the Project that may be hazardous to person and property. The DESIGN /BUILDER shall develop and implement a job safety and security plan that will adequately protect all property and the general public. 12.2 TRAFFIC CONTROL. 12.2.1 DESIGN /BUILDER shall carry on the Work in a manner that will cause the least possible obstruction and interruption in traffic, and the least inconvenience to the general public and the residents in the vicinity of the work. All safety precautions, traffic control, and warning devices necessary to protect the public and workmen from hazards within the right -of -way shall be enacted by DESIGN /BUILDER in strict accordance with The State of Florida Manual of Traffic Control and Safe Practices for Street and Highway Construction, Maintenance and Utility Operations Specifications for Road and Bridge Construction, latest edition. Where such a plan is needed, DESIGN /BUILDER shall submit and obtain approval of their traffic control plan by the CITY. 12.2.2 Road Closure and Detours. Local traffic shall be maintained within the limits of the Project for the duration of the construction period. Closing to through travel will not be permitted without specific authorization of the CITY. No road or street shall be closed to the public except with the permission of the CITY and proper governmental authority. When the closing of roads are permitted, it shall require forty -eight (48) hours notification to the CITY. Traffic detours shall be pre- approved prior to closing. "Street Closed to through Traffic" signs and "Detour" routes shall be indicated and maintained by the DESIGN /BUILDER when the job is located in a public or private street. 19 12.2.3 Provision of Access. The DESIGN /BUILDER shall provide such aid as may be required for pedestrians and motorists, including delivery vehicles, to safely negotiate the construction areas. On completion of Work within any area, the DESIGN /BUILDER shall remove all debris, excess material, barricades and temporary Work signs, leaving walkways and roads in said area clear of obstructions. 12.3 OPEN TRENCHES AND EXCAVATIONS. The DESIGN /BUILDER shall fully comply with Florida Statutes and OSHA regulations with regard to open trenches and excavations during construction. The DESIGN /BUILDER shall place construction hazard fencing along any open trenches and excavations during the work -day, and shall leave no open trenches or excavations over -night unless properly fenced and with the specific approval of the CITY. 12.4 PLACEMENT OF HEAVY EQUIPMENT. The DESIGN /BUILDER shall not leave construction equipment parked in front of or on a residential lot overnight or on weekends without advance specific permission. At the close of work each day, the equipment shall be driven to and stored in a designated area so that the equipment will not become an "attractive nuisance" to neighborhood children. All equipment left unattended during the course of working day, such as during lunch hours or work breaks, shall not be left in a condition or location which would create a safety hazard to the general public. Keys shall be removed from machines during those times. 12.5 TEMPORARY FACILITIES AND CONTROLS. The DESIGN /BUILDER shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Environmental Protection, and St. Johns River Water Management District. 12.5.1 Sanitary Provision. The DESIGN /BUILDER shall provide and maintain such sanitary accommodations adequate for the use of his employees and those of his subcontractors, which shall be made available when the first employees arrive on site of the Work, shall be properly secluded from public observation, and shall be constructed and maintained during the progress of the Work in suitable numbers and at such points and in such manner as may be required or approved. The DESIGN /BUILDER shall maintain the sanitary facilities in a satisfactory and sanitary condition at all times and shall enforce their use. DESIGN /BUILDER shall rigorously prohibit the committing of nuisances on the site of the Work, on the lands of the CITY or an adjacent property. The CITY shall have the right to inspect such facilities at all times to determine whether or not they are being properly and adequately maintained. Following the period of necessity for such accommodations, they and all evidence affixed thereto shall be removed. 12.5.2 Water and Electric Supply. The DESIGN /BUILDER shall make all necessary applications and arrangements, and pay all fees and charges for water and electrical service necessary for the proper completion of the Project up to the time of final acceptance. The DESIGN /BUILDER shall provide and pay for any temporary piping and connections. 20 12.5.3 Noise and Vibration Control. The DESIGN /BUILDER shall provide adequate protection against objectionable noise and vibration levels caused by the operation of construction equipment, and shall submit a plan to the CITY for review prior to initiation and implementation of the plan. 12.5.4 Dust Control. The DESIGN /BUILDER shall provide for adequate protection against raising objectionable dust clouds caused by moving construction equipment, high winds or any other cause, and shall submit a plan to the CITY for review prior to initiation and implementation of the plan. 12.5.5 Water Control. The DESIGN /BUILDER shall provide for satisfactory disposal of surplus water and shall submit a plan to the CITY for review prior to initiation and implementation of the plan. Prior approval shall be obtained from the proper authorities for the use of public or private lands or facilities for such disposal. 12.5.6 Pollution, Siltation and Erosion Control. In accordance with current NPDES standards, the DESIGN /BUILDER shall provide for and take sufficient precautions to prevent pollution of private and public lands. Erosion control features shall be constructed concurrently with other work and at the earliest practicable time. The DESIGN /BUILDER shall conform to the plan established by CONSULTANT'S plan for Erosion and Turbidity Control, including location of erosion control and turbidity control devices, marked on a plan set as needed for clarity. 13.0 CITY AND DESIGN /BUILDER RELATIONS 13.1 CONSTRUCTION REVIEW. 13.1.1 All work done shall be subject to the construction review of the CITY. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The CITY shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the DESIGN /BUILDER and the DESIGNER as is required to make a complete and detailed review. 13.1.2 Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work performed, or work to be performed, interpretation of Contract Documents and all questions as to the acceptable fulfillment of the Contract on the part of the DESIGN /BUILDER shall be referred to the designated representative of the CITY who will resolve such questions. The CITY may appoint inspectors. The DESIGN /BUILDER will be held strictly to the true intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Work. 13.2 TECHNICAL DECISIONS. All claims or conflicts of a technical nature shall be presented to the designated representative of the CITY for resolution. In making the determination, CITY shall be provided free access to consult with DESIGNER. Any material 21 changes to the final Plans and Specifications or the Shop Drawings for the Work shall require that they be reviewed and initialed by DESIGNER. 13.3 SUSPENSION OF WORK. The CITY shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the DESIGN /BUILDER to carry out the provisions of the Contract or to supply materials meeting the requirements of the Plans and Specifications, or the action of a governmental agency, by serving written notice of suspension to the DESIGN /BUILDER. The DESIGN /BUILDER shall not suspend operations under the provisions of this Paragraph without the CITY's permission. 13.4 LIMITATION TO RESPONSIBILITY 13.4.1 Neither CITY's authority to act under this Article or elsewhere in the Contract Documents nor any decision or deteiniination made by CITY or its representatives in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of CITY to DESIGN /BUILDER, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 13.4.2 Whenever in the Contract Documents the terms "as ordered ", "as directed ", "as required ", "as allowed ", "as approved" or terms of like effect or import are used, or the adjectives "reasonable ", "suitable ", "acceptable ", "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of CITY as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CITY or its representative any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 13.4.3 CITY will not be responsible for DESIGN /BUILDER's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CITY will not be responsible for DESIGNBUILDER's failure to perform or furnish the Work in accordance with the Contract Documents. 13.4.4 CITY will not be responsible for the acts or omissions of DESIGNBUILDER or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 13.5 FIELD TESTS AND PRELIMINARY OPERATION. The DESIGN /BUILDER shall perform the work of placing in operation all material and equipment installed under this Contract, and shall make adjustments necessary for proper operation. The DESIGN /BUILDER shall notify the CITY when work is considered to be complete, in operating condition, and ready for inspection and tests. The CITY will require such tests as it reasonably deems necessary to determine if the Work functions properly. Arrangements for testing laboratory services will be 22 coordinated with the CITY. The cost of the initial testing, and retesting when materials and workmanship fail to meet specified requirements, will be bourn by DESIGN /BUILDER. 13.6 EXAMINATION OF WORK. The CITY may request an examination of work of the DESIGN /BUILDER at any time before acceptance by the CITY of the Work, and DESIGN /BUILDER shall remove or uncover such portions of the work as may be directed. After examination, the DESIGN /BUILDER shall restore said portions of the Work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be paid for as extra work unless CITY had not been provided a reasonable opportunity to examine the same prior to it being covered, but should the work so exposed or examined prove unacceptable, the uncovering, removing and replacing shall be at the DESIGN /BUILDER's expense. 13.7 DESIGN /BUILDER'S SUPERINTENDENT. A qualified superintendent, who is acceptable to the CITY, shall be maintained on the project and give sufficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the DESIGN /BUILDER, and all communications given to the superintendent shall be considered given to the DESIGN /BUILDER. In general, such communications shall be confirmed in writing and always upon written request from the DESIGN /BUILDER. 13.8 CITY'S RIGHT TO CORRECT DEFICIENCIES. Upon failure of the DESIGN /BUILDER to perform the work in accordance with the Contract Documents, including any requirements with respect to the Schedule of Completion, and after five (5) days written notice to the DESIGN /BUILDER, the CITY may, without prejudice to any other remedy it may have, correct such deficiencies. The DESIGN /BUILDER shall be charged all costs incurred to correct the same. 13.9 CITY'S RIGHT TO TERMINATE CONTRACT AND COMPLETE WORK. 13.9.1 This Agreement may be terminated by the CITY without cause provided at least thirty (30) days written notice of such termination shall be given to the DESIGN /BUILDER. 13.9.2 In the event of any default by the DESIGN /BUILDER, the CITY shall have the right to immediately terminate the Contract upon issuance of written notice of termination to the DESIGN /BUILDER stating the cause for such action. 13.9.3 It shall be considered a default by the DESIGN /BUILDER whenever it shall: (a) Declare bankruptcy, become insolvent or assign assets for the benefit of creditors. (b) Disregard or violate the provisions, or otherwise commit a material breach, of the Contract Documents or CITY's written instructions, or fail to prosecute the Work according to the agreed schedule of completion including extensions thereof. (c) Fail to provide a qualified superintendent, competent workers or subcontractors, or proper materials, or fail to make prompt payment therefore. 23 13.9.4 In the event of termination, the CITY may take possession of the Work and of all materials thereon and may finish the Work by whatever method and means it may select. 13.10 RIGHTS OF VARIOUS INTERESTS. Wherever work being done by the CITY's forces or by other contractors is contiguous to work covered by the Contract, the respective rights of the various interests involved shall be established by the CITY, to secure the completion of the various portions of the Work in general harmony. 13.11 SEPARATE CONTRACTS. The CITY may let other contracts in connection with the Work of the DESIGN /BUILDER. The DESIGN /BUILDER shall cooperate with other Contractors with regard to storage of materials and execution of their work. It shall be the DESIGN /BUILDER's responsibility to inspect all work by other contractors affecting its work and to report to the CITY any irregularities that will not permit it to complete work in a satisfactory manner. Failure to notify the CITY of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive DESIGN /BUILDER'S work. It shall be the responsibility of the DESIGN /BUILDER to inspect the completed work in place and report to the CITY immediately any difference between completed work by others and the Plans. 13.12 SUBCONTRACTS AND PURCHASE ORDERS. Prior to signing the Contract or at the time specified by the CITY, the DESIGN /BUILDER shall submit in writing for approval by CITY the names of the subcontractor and suppliers proposed for the Work. Subcontractors and suppliers may not be changed except at the request or with the approval of the CITY. The DESIGN /BUILDER is responsible to the CITY for the acts and omissions of its subcontractors and suppliers, and their direct or indirect employees, to the same extent as it is responsible for the acts and omissions of its employees. The Contract Documents shall not be construed as creating a contractual relation between any subcontractors or suppliers and the CITY. The DESIGN /BUILDER shall bind every subcontractor and supplier by the terms of the Contract Documents. 13.13 WORK DURING AN EMERGENCY. The DESIGN /BUILDER shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, it shall notify CITY of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. 13.14 ORAL AGREEMENTS. No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 13.15 NIGHT, SATURDAY AND /OR SUNDAY WORK. Night, Saturday, and Sunday work will be permitted. 24 13.16 UNAUTHORIZED WORK. Work done without lines and grades having been established, work done without proper inspection, or any changes made or extra work done without written authority will be done at the DESIGN /BUILDER'S risk and will be considered unauthorized, and, at the option of the CITY, may not be measured and paid for. 13.17 USE OF COMPLETED PORTIONS OF THE WORK. The CITY shall have the right to use, occupy, or place into operation any portion of the Work that has been completed sufficiently to permit safe use, occupancy, or operation, as determined by CITY. If such use, occupancy, or operation increases the cost of or delays the Work, the DESIGN /BUILDER shall be entitled to extra compensation, or an extension of time, or both, as reasonably determined by CITY. However, if DESIGN /BUILDER has failed to complete the Work in accordance with the time requirements of the Agreement, no compensation (including set -offs to liquidated damages) shall be allowed for such use or occupancy. 13.18 DESIGN /BUILDER'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the CITY, it shall be under the charge and care of the DESIGN /BUILDER, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non - execution of the Work. The DESIGN /BUILDER shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the CITY, before its completion and acceptance. 14.0 MEASUREMENT AND PAYMENT 14.1 DETAILED BREAKDOWN OF CONTRACT. The DESIGN /BUILDER shall submit a complete breakdown of the contract amount showing the schedule values assigned to each part of the Work as provided for in other sections of this agreement, including an allowance for profit and overhead within ten (10) days of the execution of the Contract by the parties. 14.2 REQUEST FOR PAYMENT 14.2.1 The DESIGN /BUILDER may submit to the CITY not more than once each month a request for payment for work completed. The DESIGN /BUILDER shall furnish the CITY all reasonable facilities and access required for obtaining the necessary information relative to the progress and execution of the Work. In addition to each month's invoice, an updated project schedule shall be submitted. 14.2.2 Each request for payment shall be computed from the work completed to date on all items listed in the detailed breakdown of the contract amount less previous payments and back charges. If payment is requested on the basis of materials and equipment not incorporated in the project but delivered and suitably stored at the site or at another location agreed to in writing, the payment request shall also be accompanied by a bill of sale, invoice or other documentation warranty that the CITY has received the materials and equipment free and clear of all liens, 25 charges, security interests and encumbrances, all of which shall be satisfactory to the CITY. No payments shall be made for materials stored on site without approval of the CITY. 14.2.3 An amount of 10% of each monthly pay request shall be retained until final completion and written acceptance of the Work by the CITY. For these purposes approval of final design and construction documents shall be deemed as final completion of design work and retainage for that portion of the project shall be released. Payment of any outstanding portion of the retainage shall be included in the DESIGN /BUILDER's final pay request. Any deviation in the release or partial release of the 10% retainage shall be at the sole discretion of the CITY. 14.2.4 Any request for payment shall be accompanied by claim releases for work done and thereby releases DESIGN /BUILDER from the previous application. 14.3 CITY'S ACTION ON A REQUEST FOR PAYMENT 14.3.1 CITY shall review the request for payment to determine the following: (a) That the work covered by the request for payment has been completed in accordance with the intent of the Plans and Specifications. (b) That the quantities of work have been completed as stated in the request for payment, whether for a unit price contract or for payment on a lump -sum contract. 14.3.2 Within ten (10) calendar days from the date of receipt of a request for payment the CITY shall do one of the following: (a) Approve the request for payment as submitted. (b) Approve and pay such other amount of the request for payment as the CITY shall decide is due the DESIGN /BUILDER, informing the DESIGN /BUILDER in writing of the reasons for paying the amended amount. (c) Disapprove the request for payment, informing the DESIGN /BUILDER in writing of the reasons for withholding payment. 14.4 CITY'S RIGHT TO WITHHOLD PAYMENT. The CITY may withhold payment in whole or in part on a request for payment to the extent necessary for any of the following reasons: (a) Work not performed but included in the request for payment, or the contract Price has been reduced by written change order. (b) Work covered by the request for payment which is not in accordance with the Plans, Specifications and generally accepted construction practices, including if, in the opinion of the CITY, there is sufficient evidence that the Work has not been satisfactorily completed, or based upon tests and /or inspections the work is defective or has been damaged requiring correction or replacement. (c) In the event of a filing of a claim or lien, or information received by CITY of a potential filing of a claim or lien against the DESIGN /BUILDER or CITY. 26 (d) Failure of the DESIGN /BUILDER to make payments to subcontractors, material suppliers or labor. (e) Damage to another contractor. (f) The CITY has had to correct a defect in the Work, or there are other items entitling the CITY to a set -off against the amount recommended. (g) Default of any of the provisions of the Contract Documents. 14.5 PAYMENT FOR UNCORRECTED WORK. Should the CITY direct, in writing, the DESIGN /BUILDER not to correct work that has been damaged or that was not performed in accordance with the Contract Documents, an equitable deduction from the contract amount shall be made to compensate the CITY for the uncorrected work. 14.6 PAYMENT FOR REJECTED WORK AND MATERIALS. The removal of work and materials duly rejected and the re- execution of work by the DESIGN /BUILDER shall be at the expense of the DESIGN /BUILDER, and the DESIGN /BUILDER shall pay the cost of replacing the destroyed or damaged work of other contractors by the removal of the rejected work or materials and the subsequent re- execution of that work. In the event that CITY incurs expenses related thereto, DESIGN /BUILDER shall pay for the same within thirty (30) days after written notice to pay is given by the CITY. If the DESIGN /BUILDER does not pay the expenses of such removal, after ten (10) days written notice being given by the CITY of its intent to sell the materials, the CITY may sell the materials and shall pay to the DESIGN /BUILDER the net proceeds therefrom after deducting all the costs and expenses that are incurred by the CITY. If the proceeds do not cover the expenses incurred by the CITY, such additional amounts may be set -off against any payments due DESIGN /BUILDER. 14.7 CHANGE ORDERS 14.7.1 If conditions require a change in the scope of work or additional work varying from the original Contract Documents, such change shall be effected by the DESIGN /BUILDER when the CITY issues a written Change Order. The Change Order shall set forth in complete detail the nature of the change, any impact on the project schedule, the change in the compensation to be paid the DESIGN /BUILDER and whether it is an addition or a reduction of the original total contract cost. Should additional or supplemental drawings be required, they will be furnished by DESIGN /BUILDER. 14.7.2 Compensation to be paid to the DESIGN /BUILDER for accomplishing the work of a Change Order shall be established in one of the following ways: (a) By lump sum proposed by the DESIGN /BUILDER and accepted by the CITY. (b) By unit prices established and agreed to. (c) By other methods as may be mutually agreed upon. (d) By force account wherein the DESIGN /BUILDER provides the labor and materials at DESIGN /BUILDER's direct cost plus 15% for overhead and profit. When the force 27 account method is used, the DESIGN /BUILDER shall provide full and complete records of all costs for review by the CITY. 14.8. CLAIMS 14.8.1 Claims arising from changes, additional costs or revisions made by the DESIGN /BUILDER at the CITY's request, or due to the actions of the CITY or its agents, shall be presented to the CITY before work starts on the changes or revisions. 14.8.2 If the DESIGN /BUILDER deems that extra compensation is due, the DESIGN /BUILDER shall notify the CITY in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the CITY is not afforded by the DESIGN /BUILDER a method acceptable to the CITY for keeping strict account of actual cost, then the DESIGN /BUILDER hereby waives its request for such extra compensation. The CITY is not obligated to pay the DESIGN/BUILDER if the CITY is not notified as described above. Such notice by the DESIGN /BUILDER and the fact that the CITY has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 14.8.3 The DESIGN /BUILDER may refuse to perform additional work requested by the CITY, or the CITY may suspend work, until an appropriate agreement is executed by the parties. 14.9 CANCELLED ITEMS OF WORK 14.9.1 The CITY shall have the right to cancel those portions of the contract relating to the construction of any item provided therein. Such cancellation, when ordered by the CITY in writing, shall entitle the DESIGN /BUILDER to the payment of a fair and equitable amount covering all costs incurred by him pertaining to the canceled items before the date of cancellation or suspension of the Work. The DESIGN /BUILDER shall be allowed a profit percentage on the materials used and on construction work actually done, at the same rates as provided for "Change Orders ", but no allowance will be made for anticipated profits. 14.9.2 Acceptable materials ordered by the DESIGN /BUILDER or delivered on the site before the date of such cancellation or suspension shall be purchased from the DESIGN /BUILDER by the CITY at actual cost and shall thereupon become the property of the CITY or, if returnable, at the option of the CITY the materials may be returned and CITY shall pay any applicable delivery or cancellation charges. 14.10 PAYMENT FOR WORK SUSPENDED BY THE CITY. If the Work or any part thereof shall be suspended by the CITY, the DESIGN /BUILDER will then be entitled to submit a payment request for all work done. 28 14.11 PAYMENT FOR WORK DONE BY THE CITY. The cost of the work performed by the CITY removing construction materials, equipment, tools and supplies, cleaning up, or in correcting deficiencies in shall be paid by the DESIGN /BUILDER. 14.12 PAYMENT FOLLOWING TERMINATION OF CONTRACT 14.12.1 Termination by CITY for Cause. Upon termination of the contract by the CITY for cause, including abandonment or termination by DESIGN /BUILDER, the CITY may enter into an agreement with others for the completion of the Work under this Agreement. No further payments shall be due the DESIGN /BUILDER until the Work is completed and accepted by the CITY. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, DESIGN /BUILDER shall be paid up to the amount of the excess balance for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the DESIGN /BUILDER or its Surety shall pay the difference to the CITY. All work done, tracings, plans, specifications, maps, computer programs and data prepared by the DESIGN /BUILDER under this Agreement shall be property of the CITY. 14.12.2 Termination by CITY Without Cause. In the event the CITY without cause abandons, terminates or suspends this Agreement, the DESIGN /BUILDER shall be compensated for services rendered up to the time of such termination and any work done or documents generated by the DESIGN /BUILDER shall remain the property of the CITY. 14.13 RELEASE OF CLAIMS. The DESIGN /BUILDER shall deliver, with each request for payment, a completed Affidavit and Release of Claim on a form supplied by CITY. Also, a Claimant's Sworn Statement of Account executed by each supplier or subcontractor who has notified the CITY of his right to file a Claim, or who is listed in the DESIGN /BUILDER's Affidavit and Release of Claim as an unpaid potential Claimant, must be attached to each request for payment. If the completed forms are not supplied with the request for payment, the CITY will notify DESIGN /BUILDER of the outstanding claims of record and, if said completed forms are not supplied within thirty (30) days, the CITY shall make joint payments to the DESIGN /BUILDER and outstanding claimants. 14.14 FINAL COMPLETION. The Contract will be considered complete when all work has been finished, the final construction review is made by the CITY, as -built plans and documentation has been submitted, and the Project accepted in writing by the CITY. 14.15 ACCEPTANCE AND FINAL PAYMENT. 14.15.1 When it is determined, as a result of a joint inspection of the Work by the DESIGN /BUILDER and CITY, that there is Final Completion of the Work in accordance with the terms of the Contract Documents, the DESIGN /BUILDER may submit the DESIGN /BUILDER's final request for payment. The DESIGN /BUILDER'S final request for payment shall be the contract amount plus all approved written additions less all approved written deductions and less previous payments made. 29 14.15.2 As a condition for Final payment, a DESIGN /BUILDER's Final Affidavit must be received by the CITY along with conditional final releases of Claim for labor, materials and equipment incurred in connection with the Work. Thereafter, CITY will release the DESIGN /BUILDER except as to the conditions of the performance bond, any legal rights of the CITY, required guarantees and satisfaction of all warranty work, and shall authorize payment of the DESIGN /BUILDER's final request for payment. 14.16 SATISFACTION OF WARRANTY WORK AFTER FINAL PAYMENT. The making of the final payment by the CITY to the DESIGN /BUILDER shall not relieve the DESIGN /BUILDER of responsibility for faulty materials or workmanship, or from the obligation to perform warranty work. 15.0 INSURANCE 15.1 LIABILITY INSURANCE 15.1.1 DESIGN /BUILDER shall purchase and maintain the liability insurance described herein to provide protection from claims arising out of or resulting from DESIGNBUILDER's performance of the Work and DESIGN /BUILDER's other obligations under the Contract Documents, whether such performance is by DESIGNBUILDER, by any Subcontractor or Supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 15.1.2 The liability insurance shall include liability insurance applicable to all of DESIGN /BUILDER's obligations under the Contract Documents. DESIGNBUILDER agrees to pay on behalf of CITY, and to provide and pay a legal defense for, all such claims applicable to DESIGNBUILDER's obligations under the indemnification provisions herein. DESIGNBUILDER accepts as adequate compensation for the contractual liability insurance the amount contained in the Contract Documents. 15.1.3 Liability insurance coverage shall include as a minimum each of the following types of insurance: A. General Liability policy with limits for not less than $1,000,000 for each occurrence and not less than $1,000,000 aggregate with the following coverage: (1) Comprehensive Form. (2) Premises - Operations. (3) Explosion and Collapse Hazard. (4) Underground Hazard. (5) Products /Completed Operations Hazard. (6) Contractual Insurance. (7) Broad Form Property Damage Including Completed Operations. (8) Independent Contractors. (9) Personal Injury [with Employment Exclusion deleted.] B. Automobile Liability policy with limits for not less than $1,000,000 for each occurrence and not less than $1,000,000 aggregate with the following coverage: 30 (1) Comprehensive Form Including Loading and Unloading. (2) Owned. (3) Hired. (4) Non - Owned. 15.2 PROFESSIONAL LIABILITY INSURANCE. The DESIGNBUILDER, or in the event the DESIGN /BUILDER subcontracts the design services, then the DESIGNER shall provide and maintain a professional liabilities /errors and omissions insurance policy having minimum limits of $1,000,000 per claim with a maximum deductible of $100,000. Any professional liability shall delete any design/build exclusion that could adversely affect coverage because of the design/build format of the Contract Documents. Coverage shall be provided for full resultant damages. Such professional liability insurance certificates shall be provided to the CITY prior to commencement of design Work. 15.3 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. DESIGN /BUILDER shall obtain full Worker's Compensation Insurance coverage for no less than the statutory limits and Employer's Liability Insurance coverage in limits not less than $100,000 for each employee for all persons whom it employs or may employ in carrying out the Work under the Agreement. This insurance shall be in strict accordance with the requirements of the most current and applicable state Worker's Compensation laws. 15.4 GENERAL REQUIREMENTS 15.4.1 DESIGN /BUILDER shall not commence or continue to perform any Work unless it, at its own expense, has in full force and effect all required insurance, and until all insurance Certificates and Endorsements have been filed evidencing the specific insurance coverage required, nor shall any payment for Work performed become due and payable until such Certificates and Endorsements have been filed. The DESIGN /BUILDER shall not permit any Subcontractor, Supplier or other person or organization to perform Work on the Project unless the Worker's Compensation Insurance requirements have been complied with by such Subcontractor, Supplier or other person or organization. 15.4.2 Worker's Compensation and Employer's Liability Insurance shall be maintained in effect for the full Warranty Period, even as extended. Should any coverage approach expiration during the period in which it is to remain in full force and effect, it shall be renewed prior to its expiration. 15.4.3 Insurance coverage shall be placed with satisfactory carriers licensed to do business in the State of Florida and countersigned by a resident agent. Insurers shall have at least an "A" Best's Rating and a Class XI or better financial category in accordance with the most current A. M. Best Company ratings. 15.4.4 At the time indicated in the Contract Documents, as evidence of specified insurance coverage, DESIGN /BUILDER shall provide certificates of insurance evidencing the specific policies issued, the limits of coverage afforded, and the specific endorsements provided, all in 31 accordance with forms prescribed by CITY. No alteration or substitution of said insurance certificate forms will be allowed, unless approved by CITY in writing. 15.4.5 If so requested in writing by CITY, DESIGNBUILDER shall deliver one (1) copy to CITY of each insurance policy purchased by DESIGN /BUILDER pursuant to this Article within thirty (30) days of the request. 15.4.6 All the policies of insurance required of DESIGNBUILDER in the Contract Documents shall be endorsed to include CITY, each of its directors, officers, employees, representatives, agents or volunteers as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of insurance provided under DESIGNBUILDER's policies of insurance shall not be reduced or prorated by the existence of the other insurance. 15.4.7 All the policies of insurance so required of DESIGN /BUILDER in this Article shall be endorsed to expand coverage as required in this Article. 15.4.8 Deductible /self - insured retention amounts shall be subject to approval by CITY, and shall be reduced or eliminated upon written request from CITY. The insurer's cost of defense including attorney's fees (and attorney's fees on appeal) shall not be included within the policy coverage but shall remain the responsibility of insurer. 15.4.9 Nothing contained in these insurance requirements is to be construed as limiting the liability of DESIGN /BUILDER or DESIGNBUILDER's insurance carriers. It is to be understood that CITY does not in any way represent that the insurance (or the limits of insurance) specified in this Article is sufficient or adequate to protect DESIGNBUILDER's interests or liabilities, but are merely minimums. 15.4.10 Umbrella Liability Insurance shall not be more restrictive than the underlying insurance policy coverages. 15.4.11 All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by DESIGN /BUILDER in accordance with the Contract Documents will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. 15.5 CITY'S INSURANCE. CITY shall have the option of purchasing and maintaining its own insurance without prejudice to its rights hereunder. Further, if DESIGN /BUILDER fails to obtain or renew insurance or fails to maintain insurance in a form required by the Contract Documents, or if any insurance company DESIGN /BUILDER has procured insurance from declares bankruptcy, is declared bankrupt, or if the Insurer loses its "A" policyholder's rating or if its financial size category rating falls below Class XI in the most current A. M. Best's rating, CITY may procure insurance at DESIGN /BUILDER's expense in the 32 coverage amounts required by the Contract Documents and shall be entitled to deduct CITY'S resultant costs from the Contract Price by issuing a Change Order. In lieu of procuring insurance at DESIGN /BUILDER'S expense, CITY has the option to stop or suspend the Work or terminate DESIGN /BUILDER's services as provided in the Contract Documents. CITY's actions under this paragraph shall not entitle DESIGN /BUILDER to an increase in Contract Price or an extension of Contract Time. 15.6 OBJECTION TO INSURANCE 15.6.1 Neither CITY's review of the coverage afforded by or the provisions of the policies of insurance purchased and maintained by DESIGNBUILDER, nor CITY's decisions to raise or not to raise any objections about either or both, shall in any way relieve or decrease the liability of DESIGN /BUILDER. If CITY elects to raise an objection to the coverage afforded by or the other provisions of the insurance furnished, DESIGNBUILDER shall promptly provide to CITY such additional information as CITY may reasonably request, and DESIGNBUILDER shall remedy any deficiencies in the policies of insurance at once. 15.6.2 CITY's authority to object to insurance shall not in any way whatsoever give rise to any duty on the part of CITY to exercise this authority for the benefit of DESIGN /BUILDER or any other party. 16.0 PUBLIC CONTRACT REQUIREMENTS 16.1 COVENANT AGAINST CONTINGENT FEES. The DESIGN /BUILDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGN /BUILDER, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the DESIGN /BUILDER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the CITY shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 16.2 INTEREST OF MEMBERS OF CITY AND OTHERS. No officers, members or employees of the CITY and no member of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 16.3 CERTIFICATION OF RESTRICTIONS ON LOBBYING. The DESIGN /BUILDER agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the DESIGN /BUILDER to any person for influencing or attempting to influence 33 any officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the DESIGN /BUILDER to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Project, the undersigned shall complete and submit Standard Form - "Disclosure Form to Report Lobbying" in accordance with its instructions. Further, DESIGN /BUILDER agrees to not lobby the governing body of CITY as to performance and other matters related to this Agreement. 16.4 INTEREST OF DESIGN /BUILDER. The DESIGN /BUILDER covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The DESIGN /BUILDER further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The DESIGN /BUILDER shall not undertake any professional work which conflicts with his duties as the CITY's DESIGN /BUILDER without the prior written consent of the CITY during the term of this Agreement. Any work where the DESIGN /BUILDER can reasonably anticipate that it may be called to testify as a witness against the CITY in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 16.5 PUBLIC ENTITY CRIMES. The DESIGN /BUILDER has filed the sworn statement which is entitled PUBLIC ENTITY CRIMES, stating whether a person or affiliate as defined in Section 287.133 (1) Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of said statute. DESIGN /BUILDER has a continuous obligation to inform CITY if the status of compliance under this statement changes. 16.6 DRUG -FREE WORKPLACE. The Agreement documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed and instituted. 16.7 COMPLIANCE WITH GRANTS. DESIGN /BUILDER shall perform the Work in conformance with the terms and conditions of any and all grants obtained by CITY for the funding of the Project. 16.8 BOND. The DESIGN /BUILDER shall provide Bonds in the form prescribed by State Law, and generally as shown in these Documents, for Performance and Payment, each in the amount of 100% of the total contract amount. 16.9 PERMITS & FEES All CITY, state, county, FDOT, FAA, St. John's River Water Management District permits, utility permits, impact fees, and any /all other permits, and 34 or fees, necessary for the prosecution of the Work shall be drafted, applied for, paid for, and secured by the DESIGN /BUILDER, except for DESIGN /BUILDER's licenses and registrations. DESIGN /BUILDER shall secure a building permit if required by the CITY's Building Official. 16.10 LAWS TO BE OBSERVED 16.10.1 The DESIGN /BUILDER shall give all notices and comply with all state and local laws, ordinances, permit requirements and regulations in any manner affecting the conduct of the Work, and all such orders and decrees as enacted by bodies or tribunals having any jurisdiction or authority over the Work, and shall indemnify and save harmless the CITY and its agents and representatives against any expense, claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, permit requirements, order or decree, whether by himself or his employees. 16.10.2 DESIGN /BUILDER shall comply with all applicable federal laws that in any way regulate or impact the Work, including, but not limited to, The Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC §1531, et seq.), Executive Order No. 11593, Executive Order No. 11988, Executive Order No. 11990, The Fish and Wildlife Coordination Act (PL 85 -624), The Safe Water Drinking Act Section 1424(e) (PL 93 -523, as amended), The Wild and Scenic Rivers Act (PL 90 -542, as amended), The Demonstration Cities and Metropolitan Development Act of 1966 (PL 89 -754), Section 306 of The Clean Air Act, Section 508 of The Clean Water Act, Executive Order No. 11738, The Civil Rights Act of 1964 (PL 88- 352), The Age Discrimination Act (PL 94 -135), Section 13 of The Federal Water Pollution Control Act (PL 92 -500), Executive Order No. 11246, Executive Order No. 11625, Executive Order No. 12138, Executive Order No. 12549, The Davis Bacon Act (40 USC §276), the Occupational Safety and Health Act and applicable regulations, and the Americans with Disabilities Act (PL 101 -336), and shall indemnify and save harmless the CITY and its agents and representatives against any expense, claim or liability arising from, or based on, the violation of any such law or regulation, whether by himself or his employees. 16.10.3 The DESIGN /BUILDER shall keep himself fully informed of all existing and pending state and national laws and municipal ordinances and regulations in any manner affecting those engaged or employed in the Work, or in any way affecting the conduct of tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Plans, Specifications, or Contract Documents for this work in relation to any such law, ordinance, regulations, order or decree, he shall forthwith report the same to the CITY in writing. He shall at all times himself observe and comply with and cause all his agents, subcontractors and employees to observe and comply with decrees; and shall protect and indemnify the CITY, its officers, employees and agents against any expense, claim or liability arising from or based upon violation of any such law, ordinance, regulations, orders or decree, whether by himself or his employees. 16.10.4 All building construction work alterations, repairs or mechanical installations and appliances connected therewith shall comply with the applicable building rules and 35 regulations, restrictions and reservations of record, local ordinances and such other statutory provisions pertaining to this class of work. 16.10.5 The failure of the DESIGN /BUILDER to adhere to any law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 17.0 MISCELLANEOUS 17.1 ADDRESSES FOR NOTICES. All notices given under or in connection with any of the Contract Documents shall be delivered in person or by e -mail, telegraph, or registered or certified mail to the parties at the address as either party may by notice designate. 17.2 WRITTEN NOTICE. Written notice shall be considered as served when delivered to the designated representative of the DESIGN /BUILDER and receipt acknowledged or sent by registered mail to the individual, firm, or corporation to the business address stated in the Proposal unless a notice of address change has been delivered. It shall be the duty of each party to advise the other parties to the Agreement as to any changes in his business address until completion of the Agreement. 17.3 TAXES. DESIGN /BUILDER shall pay all sales or other taxes of any type that may be incurred in connection with the Work hereunder, and shall reimburse the CITY for any such taxes paid by the CITY. However, DESIGN /BUILDER agrees to cooperate with any direct purchase program that CITY, in its sole discretion, decides to implement, and will provide for direct invoicing of the CITY by its suppliers with the invoiced amount and the tax savings thereupon being processed as a deduction from the Contract Price. 17.4 NO WAIVER OF LEGAL RIGHTS. Neither the payment for, nor acceptance of the whole or any part of the Work by the CITY or representatives of the CITY, nor any extension of time, nor the withholding of payments, nor any possession taken by the CITY, nor the termination of employment of the DESIGN /BUILDER shall operate as a waiver of any portion of the Contract or any power therein reserved or any right therein reserved or any right therein provided, nor shall the waiver by the CITY of any of the DESIGN /BUILDER's obligations or duties under this Agreement constitute a waiver of any other obligation or duty of the DESIGN /BUILDER under this Agreement. 17.5 RIGHT TO WORK PRODUCT. No reports, data, programs or other material produced in whole or in part under this Agreement shall be subject to copyright by the DESIGN /BUILDER in the United States, or in any other country. The CITY, or its assigns and agents, shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, designs, specifications, programs, other material and/or any /all intellectual property prepared under this Agreement. All tracings, plans, specifications, reports, maps, permit applications, computer programs /AutoCAD, and data prepared or obtained under this Agreement shall remain the property of the CITY. Any use of any plans and specifications by the CITY, except the use reasonably contemplated by the CITY at the time the CITY entered 36 this Agreement, will be at the CITY's risk and DESIGN /BUILDER, its officers, directors and employees will be held harmless from such use. 17.6 NON - AGENCY DESIGN /BUILDER shall perform all Work under this Agreement as an Independent Contractor and shall not be considered an agent of CITY, nor shall DESIGN /BUILDER's DESIGNER, Subcontractors or Suppliers or employees be considered agents of CITY. DESIGNBUILDER and not the CITY shall be solely responsible to the DESIGNER, any and all Subcontractors and Suppliers, and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work. 17.7 COMPUTATION OF TIME. When any period of time is referred to in the Contract Documents by days, it shall mean calendar days, unless otherwise stated, and be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a Holiday, such day shall be omitted from the computation. 17.8 PARTIAL INVALIDITY. If any provision of this contract is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Proposal if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this contract is declared severable. 17.9 CONSEQUENTIAL DAMAGES. In no event shall DESIGNBUILDER be entitled to recover from CITY any indirect, incidental, or consequential damages in any proceeding arising out of or relating to this Agreement or breach thereof. 17.10 SURVIVABILITY. All representations, indemnities, warranties and guarantees required by the Contract Documents, including the Warranty Period shall survive Final Payment and termination or completion of this Agreement. 17.11 DISPUTE RESOLUTION. Prior to initiating litigation as to any issue related to this Agreement, a party must offer in writing, absent exigent circumstances, to mediate the disputed issues with a certified mediator. If the offer to mediate is not accepted within one week, the offer to mediate shall be deemed rejected and the parties may proceed with available legal remedies. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. 37 ATTEST: Sally A. (SEAL) o, MMC, City Clerk T E CI OF SEBASTIAN , City Manager Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert A. Ginsburg, City ttorney DESIGNBUILDER AHRENS COMPANIES Barbara Fleisher President STATE OF FLORIplA ,�!! COUNTY OF ,8/m L'74 cI C �'ctiti Richard Ahrens Executive Vice - President Sworn to, subscribed, and acknowledged before me on this f }day of December, 2010, by BARBARA FLEISHER and RICHARD AHRENS, who ARE: [personally known to me or [ ] who have produced (type of identification) as identification. Notary Public -State of Florida 38 seal 1,4- • "'" MICHELE BALL- VAU(H1 • ,:- MY COMMISSION # DD 926807 14 ' . EXPIRES: September 21, 2013 4,4 Fy Bonded Thru Notary Public Underwriters