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HomeMy WebLinkAbout2008 Ahrens AgreementThis instrument Prepared by: Name: Address: NOTICE OF COMMENCEMENT TAX FOLIO #: BUILDING PERMIT #: n V— 0 C7 / y Z 2 -- State State of Florida County of Indian River THE UNDERSIGNED hereby gives notice that improvement will be made to certain real property, and in accordance with Chapter 713, Florida Statutes, the following information is provided in this Notice of Commencement. of the ameertY. and street address if 2. General description of improvement: JY12 Q/lI>t/t/J✓�/lj,Cit/ 3. Owner information: /1 a. Name and Address: I 014�AS. %10� IZ%S /J/�91A).S%YLCC%�dt�I: C: b. Interest in property: O W N e JL d. Fee simple titleholder (if other than Owner): Name and Address: 4. Contractor: n t /J a. Name and Address: /t "e. b. Phone Number: q -r./ SiG7' 6. Surety 40A/%/t/PiLt0A.6 � ,tV� P-T—AJ &P a. Name and address: SyfJ1�J[ t b. Phone number: 00 7/c S• Z?� Z c. Amount of bond: .1 6. Lender: a. Name and Address: b. Lenders phone number: 7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes: a. Name and address: b. Phone numbers of designated persons: ^ 8 In addition to himself or herself, Owner designates the following person (s) to receive a copy of th �f Lienor's Notice as providedpp'n Se ti 713.1 1)( ), FlgQn a Statutes.Z�Z'Tr a. Name and Address: "YO t� (7QJ J�J J({r/1 J�n�,y"/�(i9AJJif7aG.ri, .Se JQS'i%b� b. Phone number. 7777 Tim /3 9. Expiration date of notice of commence�Ent ( e exp'nation date is 1 year from the date of recording unless a different date is specified) LP th / y O / Q WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER P NTS UNDER CHAPTER 713, PART 1, SECTION 713.13, FLORIDA STATUTES AND CAN RESULT YOUR P G TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST VE RE ED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBT BEFORE COMMENCE GING, CONSULT WITH YOUR LENDER OR AN ATTORNEY NG WORK OR RE IN � NOTICE OF COMMENCEMENT. The was )fieCwner or Owner's Authorized Officer/Director Parner/Manager .to ' itle/Off1icce: City Manager, City of Sebastian before me this L� ay of 204 by IV AillIPIL (type of authority, (e.g offie r, trustee, attorney in fact) for of party on behalf of whom instrument was executed). Sally A. Maio Signature of No;&y Public -State of Florida) A '• Commission # DD595269 ,;A, - ,,,. expires October 5, 2010 ,jork a, NT, Fain inwranw. mc Bm3011a19 Personally known or Produced Identification Verification Pursuant to Section 92.525, Florida Statues of perjury, I declare that I have read the foregoing and that the facts stated in it are we to nowledge and belief. Person Signing Above 1981420 THIN DOCUMENT HAS 3=EN RECORDED IN THE PLS 3_IC RE'_JOF US OF INDIAN RIVER COL IJTY FL BK: 2327 PG:681. Faget of 2 03/16/2009 at 11:50 AM. JEFFREY K BARTON, CLERK01- COURT see attached) 7iv.,J, Flims rc 3sYD� ,7— ik. E/�s7 GL 3 2,4 �t av ROSELAND SATELLITE FIELD UNNUMBERED LOT AS IN R BK 62 PP 255 LESS R/W FOR ROSELAND RD AS IN R BK 164 PP 273; LESS 16.63 ACRES OF LEASE PROPERTY OF WEST SIDE OF THE NORTH-SOUTH TAXIWAY,; LESS 1.91 ACRE LEASE PROPERTY ON EAST END OF EAST-WEST RUNWAY; LESS THAT PORTION IN OR BK 1255 PG 1466 & LESS PORTION LEASED TO SKYDIVE OF SEBASTIAN (PCL 22303800001000000007.0) & LESS THAT PARCEL LEASED TO KEATH E HOUSTON PER LEASE DATED 07/02/2002; & LESS PORTION LEASED TO ORANGE PEEL ENTERPRISES INC DATED 7/10/2001; & LESS THAT PORTION LEASED TO SHELTAIR SEBASTIAN IN OR BK 1550 PP 931. ALSO LESS THAT PORTION DESC IN LEASE TO STEVEN PHILLIPSON BEING MORE PART DESC AS FOLL; COMM AT A CONCRETE MONUMENT FOUND AT THE WLY COR OF SAID SEC 29; TH N 45 DEG 22 MIN 53 SEC E ALONG THE NLY LINE OF SAID SEC 29; A DIST OF 680.60 FT TO THE CL OF ROSELAND RD; TH S 04 DEG 47 MIN 02 SEC E ALONG THE SAID CL OF ROSELAND RD; A DIST OF 526.67 FT TO AN INT W/THE CL OF CENTRAL AIPORT DR; TH S 87 DEG 08 MIN 56 SEC E ALONG SAID CL OF CENTRAL AIRPORT DRIVE; A DIST OF 53.47 FT TO AN INT W/ THE NLY EXTENSION OF THE ELY RNV OF SAID ROSELAND ROAD; TH S 04 DEG 47 MIN 02 SEC E ALONG SAID NLY EXTENSION A DIST OF 50.45 FT TO AN INT W/ THE SLY RNV LINE OF SAID CENTRAL AIRPORT DR AND THE POB; TH S 87 DEG 08 MIN 56 SEC E ALONG SAID SLY RNV LINE; A DIST OF 489.33 FT TO A N INT W/ THE WLY RNV LINE OF AIRPORT WEST DR; TH S 00 DEG 09 MIN 14 SEC E ALONG SAID WLY RNV LINE AIRPORT WEST DRIVE; A DIST OF 1486.26 FT TO AN INT W/ THE NLY RNV LINE SAID AIRPORT WEST DR; TH N 81 DEG 11 MIN 44 SEC W ALONG SAID AIRPORT WEST DR; A DIST OF 375.53 FT TO AN INT W/SAID ELY RNV LINE OF ROSELAND ROAD; TN N 04 DEG 47 MIN 02 SEC W ALONG SAID ELY RNV LINE, A DIST OF 1458.20 FT TO POB; EXCEPT THE N 5 AC w. ~• J ( ~ ~ 1 ~ i I ~~~ r -Jy~ ~ ! -1\ 4 ~ µ~ 1'It~NfE ~~ PELItAt+l ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 23 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 23 A) Contract Price Prior to this Change Order $1,062,097.58 Net Increase (Decrease) Resulting from this Change Order $ 4,638.26 New Contract Price Including this Change Order $1,066,735.84 B) Contract Time Prior to the Change Order (Number of Days) 221 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 221 days New Completion Date Including this Change Order June 10, 2009 AGREED: O PA Authorized Signature Approvals By City of Sebastian in accm•dance with Cude Sec. 2-i0 fcheck 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 ) er Project Manager Finance Director City Attorney C ~ Date: ~~ ~~ AT ES ~ ~J to budget Sally A. M o, MMC, City Clerk to legal /' Date: ~ 18 AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 23 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: AHRENS COMPANIES: PROJECT #: 08-000024 DATE: July 15, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 THE CONTRACT FOR THIS PROJECT WAS EXECUTED ON OR ABOUT OCTOBER 22, 2008. FIRE DISTRICT REVIEW DID NOT OCCUR UNTIL MID-JANUARY 2009 AT WHICH TIME THEY ADDED AN OIL/WATER SEPARATOR SENSOR ALARM. ALL OF AHRENS COMPANIES CONTRACTS FOR THE ASSOCIATED WORK HAD BEEN EXECUTED BY THAT TIME AND THE SENSOR ALARM SYSTEM WAS NOT IN ANY SUBCONTRACT. THE COSTS OF THE SENSOR, THAT HAS NOW BEEN INSTALLED (JULY 2009), IS AS FOLLOWS PER ATTACHED: 1 H/D SUPPLY: 2 DELTA FIRE SPRINKLERS: 3 EDISON ELECTRIC: 4 PROJECT MANAGER - 2 HOURS @ $82.00/HOUR: 5 PROJECT SUPERINTENDENT - 2 HOURS @ $59.00/HOUR: 6 PROJECT ADMINISTRATOR - 2 HOURS @ $38.00/HOUR: SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: REQUIREMENT OF FIRE DISTRICT C, RICHARD C. AHRENS CEO $ 1,412.23 $ 1,391.00 $ 748.00 $ 164.00 $ 118.00 $ 76.00 $ 3,909.23 $ 44.96 $ 3,954.19 $ 593.13 $ 4,547.31 $ 90.95 $ 4,638.26 DATE: JULY 15, 2009 DATE: ~ /~ y' /O ~~ 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#23.XLS Architect License # AA26000694 I' t ~ ' ~~ ~--_ ~ `~' HOMY Ol: PELICIW I5tAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 22 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 22 A) Contract Price Prior to this Change Order $1,059,497.58 Net Increase (Decrease) Resulting from this Change Order $ 2,600.00 New Contract Price Including this Change Order $1,062,097.58 B) Contract Time Prior to the Change Order (Number of Days) 219 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 221 days New Completion Date Including this Change Order June 10, 2009 AGREED: C MP NY /~ Authorized Signature Approv^Is 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 (tgeyRing date ) Project l Finance City Atti ATT S / ,/ to budget Sally A. Ma , MMC, City Clerk to legal F SEBASTIAN: ,~ Date: G 7 ~~ z AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 22 PROJECT #: 08-000024 DATE: June 5, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: AS PER MEETING ON TUESDAY, JUNE 2nd, THE FOLLOWING CHANGES TO THE CONTRACT ARE BEING MADE. VOID CREDIT GIVEN ON CHANGE ORDER #7 FOR ONE (1) STANDARD MANHOLE: $ (SEE ATTACHED E-MAIL TO JOE GRIFFIN) ADDITIONAL CREDIT FOR LANDSCAPING CHANGES MADE ON PLANS DATED APRIL 2, 2009: $ TOTAL COST OF THIS PROPOSAL: $ ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: AGREEMENT MADE AT MEETING ON 6/2/09 AHRENS COMPANIES: (CHARD C. AHRENS CEO DATE: JUNE 5, 2009 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER #22.XLS Architect License # AA26000694 3,100.00 (500.00) 2,600.00 DATE: ~/~/o i f tlt4 OF ~~ ~~_ HOM>r Oi PEJ.IGN 15LAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 21 PROJECT NAME: Airport Hanger A PURCHASE ORDER # 5918 FY09 PROJECT #: C5505 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 21 A) Contract Price Prior to this Change Order $1,056,936.50 Net Increase (Decrease) Resulting from this Change Order $ 2,561.08 New Contract Price Including this Change Order $1,059,497.58 B) Contract Time Prior to the Change Order (Number of Days) 219 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 221 days New Completion Date Including this Change Order June 10, 2009 AGREED: OMPA C , ~ Date: ~, ~ ~ v l Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: 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 ~ (mee~ng date ) Manager Finance Director City Attorney AT ^ (/,l/~ to budget Sally A. Maio, MMC, City Clerk to legal d lAl\: ~~ Date• ~ Q/ ~ . 1 AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 21 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: PROJECT #: 08-000024 DATE: May 27, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 1 DEDUCT ONE HUNDRED TWENTY-SIX (126) VIBURNAM @ $7.50/EACH: $ 2 LANDSCAPE CONTRACTOR INSTALLED 10,500 SF OF FLORITAM SOD ONTO THE PROJECT AT OWNER'S DIRECTION. CREDIT CHANGE ORDER FOR PLANT REDUCTIONS INCLUDED A REDUCTION OF BAHIA SOD FROM THE BASE CONTRACT OF $1,615.00. INSTALLATION OF SOD, REGARDLESS OF TYPE/SPEC IES WOULD BE A CHANGE ORDER SINCE THE AREA WAS UNDEFINED. FLORITAM SOD COSTS $0.27 PER SF. THIS CHANGE ORDER IS FOR 10,500 SF @ $0.27/SF: $ THERE WILL BE ANOTHER SOD CHANGE ORDER COMING TO COMPLETE THE SOD IN THE SWALE AT THE END OF THE LARGE RETENTION POND. 3 PROJECT MANAGER - 1 HOUR @ $82.00/HOUR: $ 4 PROJECT ADMINISTRATOR - 1 HOUR @ $38.00/HOUR: $ SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE SUBTOTAL LESS CREDIT: TOTAL COST OF THIS PROPOSAL: ADDITIONAL I INIE: 2 WORKING DAYS JUSTIFICATION: OWNER DIRECTED CHANGE IN SOD TYPE/SPECIES AHRENS COMPANIES: C, RICHARD C. AHRENS CEO DATE: MAY 27, 2009 $ 2,988.98 $ 448.35 $ 3,437.33 $ 68.75 $ 3,506.08 $ (945.00) $ 2,561.08 O NER' ACCEPTANCE: DATE: `~Z'~~J 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#21.XLS Architect License # AA26000694 (s=~s.~c) 2,835.00 82.00 38.00 2,955.00 33.98 _ _ _ _ _ _~ -. ... u~a~~C . . -~~=~~~ BUS11C0 inc. 439 Franklyn Ave. lndialantic, FL 32903 1321) 768-1189 ocl - /CO-UUb~- p. C InvO~CE NO. DATE t~ PHONE NUMBER YOVR D, O. NUMBER TERMS SNIP VIA a=oe SALESMAN e QTY, UNIT QESCRIPTION UNIT AMOUNT PRISE La~,~x~°~.~ AS LN.d,vS.; c~~~~ ~ I ~ lS,~~c x. w i~ ~~.~ c~s~~ ~G 4'~ k~~ ; rte C~;~a~.~ ~s ~ .,~ 5~.~ ~~•~`7L~J ~-tom. ~ o~~~A>H ~:,~ AS y~~.~ri Fd~ ~•~ ~'r'~+~4. "7 2~~'oc; ~~ ~b ~: ,, ` ~ `` ..~~ V ;~_ ... ~ ~~~- ~ ~ nS~w ~' .~~ ~, ~ S~ ~ ~ ~ PLEASE PA FfiOIY! THIS INVOICE y~g TOTAL TAX TaTAL ~ ~7~ tL _ tYir! flt ~ ,, _,_ ``LY H{3iYtE OF PELICAN 15LA[dD CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 20 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 20 A) Contract Price Prior to this Change Order $1,044,225.50 Net Increase (Decrease) Resulting from this Change Order $ 12,711.00 New Contract Price Including this Change Order $1,056,936.50 B) Contract Time Prior to the Change Order (Number of Days) 213 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 6 days TOTAL (Number of Days) 219 days New Completion Date Including this Change Order June 8, 2009 AGREED: C MANY Authorized Signature approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one): X City Manager Authorization -cumulative amount less than IS% 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 (meetir)~ date ) TIAN: ` _~ Date: '6 Ia ~~ Project Manager/~ ~~'- I /~ Finance Directof l 'W ~ ` City Attorney ~/~ -" as to budget f (~'L Sally A. Maio, MMC, City Clerk _as to legal U .4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 20 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 AHRENS COMPANIES COSTS PER THE VARIOUS EMAILS THAT DESCRIBE THE SCOPE AND COSTS FOR THE NEW CANOPY: $ 12,711.00 TOTAL CREDIT: $ 12,711.00 ADDITIONAL TIME: 6 WORKING DAYS JUSTIFICATION: OWNER REQUESTED ADDITION AHRENS COMPANIES: RICHARD C. AHRENS CEO DATE: MAY 15, 2009 DATE: ~/~~~~ PLEASE RETURN A SIGNED COPY BY FAX WITHIN TVJO (2) DAYS AND (NAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER #19.XLS Architect License # AA26000694 PROJECT #: 08-000024 DATE: May 15, 2009 Page 1 of 3 Joseph Griffin From: Greg Celentano [GregCelentano@ahrenscompanies.com] Sent: Tuesday, May 05, 2009 6:01 PM To: Joseph Griffin Cc: Richard Ahrens; Allan Ball Subject: RE: Sebastian Walkway Canopy Joe, Thank you for the additional work. The following information shall serve as "back-up" to our Change Order for this walkway canopy. The steel building, including freight, is to be paid for directly by the City of Sebastian to Dean Steel Buildings and will not be part of our scope of work. The Dean Steel Buildings contact info is as follows: Val Guerrero (male) 2929 Industrial Avenue Fort Meyers, FL 33901 (o) 239-334-1051 x 114 (c) 239-633-9105 e: deanfmy~a deansteelbuildings.com Our price ($ 12,711.00) includes the following: 1. Unload canopy material. 2. Complete erection of canopy per Dean Steel Building drawings. 3. Paint exposed steel with one (1) coat Sherwin Williams Industrial Enamel or approved substitute. 4. Provide complete foundation plan and details as required for sidewalk and footings. 5. Existing sidewalk demolition adjacent to Admin. building is excluded. 6. Any required site preparation is excluded. 7. All concrete work is excluded, including reinforcement and concrete column piers . 8. Anchor bolts supply and installation excluded (we shall help coordinate sizes, locations and field verify placement}. 9. No lighting included. 10. No gutters or downspouts included. As per our phone conversation today, we have confirmed the following (which is now part of this scope of work): 1. The canopy will be level and the base plates will all be at the same elevation. Since the admin. building sits approx. 16 inches higher than the hangar, the base plates will be set on concrete piers that gradually get deeper as you move toward the hangar to make up the grade differential. The first pier near the Admin. side will only be a couple of inches high to keep the base plates above grade. Our foundation plans will show all pier details and elevations. The top of all piers shall be at the same elevation. 2. Adjacent to the Admin. building, we shall keep the canopy free-standing and we will minimize the gap between the canopy and the building to within 6 inches maximum. The two structures are skewed and the Admin. building has a recess which makes a watertight transition unfeasible. There will be no connection between the two structures. 3. Adjacent to the new hangar building, the canopy shall come within a couple of inches of the building downspout and be flashed as necessary for close the gap between the two structures. There will be no structural connection. We shall provide aroof-to-wall transition flashing up against the existing wall panel with a closure 5/18/2009 ~, Page 2 of 3 seal. We shall flash around the downspout as tight as possible, but cannot guarantee weather tightness. The two structures are not perfectly square with one another, so the flashing detail will be slightly skewed. 4. We shall field verify the exact length required based on the above information. 5. The canopy length shall be divided into four equal bays. 6. The canopy width shall be six feet, therefore the sidewalk width shall also be six feet. 7. We shall confirm there is no conflict with the existing gas main. 8. The canopy shall be designed as an "open structure" and shall meet the same wind loads as the hangar (135 mph, Exposure C, 1.0 Importance Factor). 9. The canopy shall have a 9'-6" high peak from base plate with a 3 on 12 roof slope. Minimum clear height shall be 8'-0" above base plate. The roof panels shall be similar to the hangar roof panels in gauge and color (26 gauge galvalume). Please let me know if you have any questions based on the above information. I will proceed with the design based on the above scope unless I hear otherwise. Once a floor plan, elevations and section are created, we will submit them for your review and approval prior to completing the engineering of the building. Thank you for your business. Sincerely, Greg Celentano Vice President Ahrens Companies 1461 Kinetic Road Lake Park, Florida 33403-191 1 Office: (561) 863-9004 Fax: (561) 863-9007 Cell: (561) 718-9961 From: Joseph Griffin [mailto:JGriffin@CityOfSebastian.org] Sent: Tuesday, May 05, 2009 12:43 PM To: Greg Celentano Cc: Alfred Minner Subject: RE: Sebastian Walkway Canopy Greg---Your proposal has been approved by the city attorney and city manager. Therefore, consider this mail as a 'notice to proceed' on the walkway project. It is understood that the city will receive a change order for $12,711 (total) from Ahrens. Also, the city will pay to Dean steel Buildings, $6,779 that represents the tax-free cost of the structure (includes freight). Please send me Dean's contact numbers. Please forward plans so I may deliver to our concrete contractor. Joe Griffin -----Original Message----- From: Greg Celentano [mailto:GregCelentano@ahrenscompanies.com] Sent: Monday, April 27, 2009 3:23 PM 5/18/2009 ". , .. To: Joseph Griffin Cc: Richard Ahrens Subject: Sebastian Walkway Canopy Joe, The metal building price, excluding tax but including freight, is $ 6,779.00. Painting of steel: $ 750.00 Balance of Proposal for erection, supervision, etc: $ 11,961.00 TOTAL: $ 19,490.00 Page 3 of 3 The total price per our original proposal remains the same. Your direct payment of $ 6,779 to Dean Steel Buildings will cover the building price delivered, including freight, excluding tax as discussed. The painting cost is a little higher than the tax savings offset, but we will absorb the difference into our price since we like you so much. Our change order shall be $ 12,711, which includes the painting and the design for the foundation as well as everything else stipulated in the cost breakdown you received from me on Wednesday. have confirmed with Dean Steel Buildings that we can make the timeframe you have requested. This canopy can be delivered, erected and painted in time for the June 6 grand opening, but we would have to act quickly so we do not lose any more time. Please let me know if you need anything else and thank you for your cooperation. Sincerely, Greg Celentano Vice President Ahrens Companies 1461 Kinetic Road Lake Park, Florida 33403-191 1 Office: (561) 863-9004 Fax: (561) 863-9007 Cell: (561) 718-9961 5/18/2009 tYtY Ot _s . ~ ~, ~~ HOME O~ rdLiC111~1 15i,AND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 19 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 19 A) Contract Price Prior to this Change Order $1,043,783.50 Net Increase (Decrease) Resulting from this Change Order $ 442.00 New Contract Price Including this Change Order $1,044,225.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 1 days TOTAL (Number of Days) 213 days New Completion Date Including this Change Order June 2, 2009 AGREED: C MAN C ~ Date: ~) Z1' ~, 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 _ (megtjng date E T: ~~~~~~~ Cm C u C~ C,lerk Finance City Att s to budget Ily A. Maio, MMC, City Clerk as to legal 5 -8~a'J ---. Date• ~AHRENS /I^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 19 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 ADD VINYL BASE IN THE SANDING ROOM AS DIRECTED BY OWNER: $ 404.00 PROJECT ADMINISTRATOR - 1 HOUR @ $38.00/HOUR: $ 38.00 TOTAL CREDIT: $ 442.00 ADDITIONAL TIME: 1 WORKING DAYS JUSTIFICATION: AS DIRECTED BY OWNER AHRENS COMPANIES: C, RICHARD C. AHRENS CEO DATE: MAY 15, 2009 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 # CB0006515 CO TO OWNER#19.XLS Architect License # AA26000694 PROJECT #: 08-000024 DATE: May 15, 2009 DATE: ~~ ~` 1 ~~' , ~ ~~ n._ HOME OF T'lI.ICAN I5L1tNl) CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 18 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 18 A) Contract Price Prior to this Change Order $1,049,105.50 Net Increase (Decrease) Resulting from this Change Order $ (5,322) New Contract Price Including this Change Order $1,043,783.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 I ~ ~ ate: ~~ I OR Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one1: 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 AT T: ~ ~i to budget Sally A. ~o, MMC, City Clerk to legal ,, .4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 18 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 AIR COMPRESSOR SYSTEM CONTRACT ALLOWANCE REDUCTION DUE TO THE WORK BEING CONTRACTED AFTER REVIEW WITH LOPRESTI SPEEDMERCHANTS, DAN LYNCH. ($15,000.00 - $9,320.00 = $5,680.00) $ (5,680.00) PROJECT MANAGER - 2 HOURS @ $82.00/HOUR: $ 164.00 PROJECT SUPERINTENDENT - 2 HOURS @ $59.00/HOUR: $ 118.00 PROJECT ADMINISTRATOR - 2 HOURS @ $38.00/HOUR: $ 76.00 TOTAL CREDIT: $ (5,322.00) ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: COST OF BASE WORK LESS THE ALLOWANCE AHRENS COMPANIES: RICHARD C. AHRENS CEO DATE: APRIL 20, 2009 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 # CB0006515 CO TO OWNER#18.XLS Architect License # AA26000694 PROJECT #: 08-000024 DATE: April 20, 2009 DATE: q' /~. ~ /~ tY11! Ot ~, r f , 1 „~ HoIN[E of plucwly rsutrtu CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 17 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 17 A) Contract Price Prior to this Change Order $1,046,657.50 Net Increase (Decrease) Resulting from this Change Order $ 2,448 New Contract Price Including this Change Order $1,049,105.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: C MPANY .~~o~ uthorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-YO (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 (rryeetigg date ) Project Manager Finance Director'Y City Attorney AT S n! \ to budget Sally A. M o, MMC, City Clerk to legal i iHiv: "+ Date: ~~~~ ~AHRENS /.~^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 17 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 PROJECT #: 08-000024 DATE: April 20, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: PER THE AGREEMENT BETWEEN GREG CELENTANO AND JOSEPH GRIFFIN, THREE PARTIES WILL SHARE IN THE COST TO PROVIDE THE OIL/WATER SEPERATOR EXTENSION COLLAR TO BE PROVIDED AND INSTALLED BY PARMENTER EXCAVATING. CITY OF SEBASTIAN SHARE: SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAYS 2,400.00 $ 2,400.00 $ - $ 2,400.00 $ - $ 2,400.00 $ 48.00 $ 2,448.00 JUSTIFICATION: THE LPA GROUP PLANS AND DETAILS WERE DEFICIENT IN ITS DIRECTIVE TO HAVE A PROPER "C" DIMENSION IDENTIFIED ABOVE THE ACTUAL ONV SEPERATOR UNIT. NO ONE PICKED UP ON THIS OVERSIGHT OF DETAILIDIRECTIVE. AHRENS COMPANIES: ~~ ICHARD C. AHRENS CEO DATE: APRIL 20, 2009 OW ER'S CEPTANCE: DATE: Z 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 # CB0006515 CO TO OWNER#17.XLS Architect License # AA26000694 ~~ HOME OF 1'~I.ICAIV 15IAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 16 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 $1,049,683.50 Net Increase (Decrease) Resulting from this Change Order $ (3,026) New Contract Price Including this Change Order $1,046,657.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: CO P NY ate: --~C(I~~ Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (checl: 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 AT ES ~~ is to budget Sally A. Ma' , MMC, City Clerk as to legal _ ~c , AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 16 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: PROJECT #: 08-000024 DATE: April 16, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 REDUCE THE LANDSCAPING PER THE CITY OF SEBASTIAN PLANS DATED APRIL 2, 2009. PRICE REDUCTION FROM THE BASE CONTRACT: THE TREES WILL BE PLANTED WITH A POTTING SOIL IN THE ROAD ROCK PER THE CITY OF SEBASTIAN DIRECTIVES. THERE WILL BE NO GUARANTEE THAT THESE NEW PLANTS CAN SURVIVE UNDER THAT DIRECTED CONDITION. IRRIGATION WILL BE SUPPLIED TO THOSE LOCATIONS. TOTAL CREDIT: ADDITIONAL TIME JUSTIFICATION 0 WORKING DAYS DIRECTED BY THE CITY OF SEBASTIAN AHRENS COMPANIES: IC ARD C. AHRENS CEO DATE: APRIL 16, 2009 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 # CB0006515 CO TO OWNER#16.XLS Architect License # AA26000694 (3,026.00) (3,026.00) DATE: "~ l2'~ ! ~ J ~ , ~. . ~~ ~~ ~~~ ~~~ a ~.~ . ~~ HoI~ of r~.trrw is~xrln CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 15 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 $1,054,683.50 Net Increase (Decrease) Resulting from this Change Order $ (5,000.00) New Contract Price Including this Change Order $1,049,683.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: O PA 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 / (meel~ng date ) Manager Finance Director City Attorney C ~ Date:~~~l~~ A'P'1~ T: - i ~ budget Sa11y A. aio, MMC, City Clerk to legal ~h~.. ~-~ Date: ~ ~~ ~~ t ~AHRENS //^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 15 PROJECT #: 08-000024 DATE: February 11, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: CRECIT TO RETURN FPL ALLOVb'ANCE LINE ITE!~1. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS $ (5,000.00) JUSTIFICATION: OWNER HAS HIRED OUT THIS WORK BETWEEN FPL DIRECTLY OR THROUGH ANOTHER DIRECTIONAL BORE CONTRACTOR. AHRENS COMPANIES: ~• RICHARD C. AHRENS CEO DATE: MARCH 16, 2009 DATE: ~~~3/0~ 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 # CB0006515 CO TO OWNER#15.XLS Architect License # AA26000694 ~ « ~~ ~_ - ~ FIOME C-F PELICAN VIStANb CITY OF SEBASTIAN CHANGE ORDER to budget to legal CHANGE ORDER #: 14 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 Revised (2) A) Contract Price Prior to this Change Order $1,052,395.50 Net Increase (Decrease) Resulting from this Change Order $ 2,288.00 New Contract Price Including this Change Order $1,054,683.50 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: AN Date: Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization -cumulative amount exceeds IS% of contract price or $15,000 single change order (meeting date ) ATT S Sally A. Maio, MMC, City Clerk LIAR-20-2009 FRI 11:34 AM AHRENS COMPANIES INC. FAX N0. 5618639007 ~. t , P, 02 ~~~~~~ %` COM'PANlES ._ __. ~. . .... ... GENERAL CONTRACTOR'S CHANGE ORDER TO 01AINER CHANGE ORDER NUMSER.14 REVISED (2) PROJECT#: 08-000024 DATE; March 20, 2009 PRQJECT; SEBASTIAN MUNICIPAL, OWNER; CITY OF SEBASTIAN AIRPORT NANGAl~ A 202 AIRPORT DRIVE, EAST 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: WHEN CHANGE QRDER #7 WAS PUT TOGETHER, THERE WERE SOME MISSING COMPONENTS THAT THE SUBCONTRACTORS DID NOT PRESENT WHEN THEY SHOULD HAVE. PARMI=NTER GAVE BACK A LARGE CREDIT FOR THE DRAINAGE CATEGORY aND THEN ADDED BACK THE NEW LPA GRauP REVIsIONS. THEY DID NOT INCLUDE THE REVISION OF THE ROOF DRAINAGE PIPING THAT INCREASED IN SIZE ON THE DISCHARGE LENGTH TO e" ADS PIPING, THEY CARRIED ONLY THE 6"ADS PIPING FOR THE ENTIRE LENGTH. THIS OMISSION IS FOR THE CHANGE " TO 8 ADS PIPING: EDISON ELECTRIC DID NOT PRICE OUT THE ELECTRICAL CHANGES FROM THE $1,603.00 LPA GROUP PLAN REVISIONS UNTIL ALL OF THE PLAN REVISIONS WERE ISSUED (APPROXIMATELY JANUARY 23, 2009). THE REVISIONS ARE FOR ADp1TIONAL CONDUIT AND WIRING FOIE THE REVISED PLACEMENT OF THE OIUWATER SEPARATOR AND THE FINAL PLACEMENT OF THE FPL TRANSFORMER. ADD 130' OF CONDUIT AND WIRING DUE TO THE OIL/WATER SEPARATOR LOCATION CHANGE; $685 Oo PROJECT MANAGER (2 HOURS @ $82.00/HOUR); . $0 00 PRQJECT SUPERINTENDENT (2 HOURS @ $59.00/HOUR): . $0 00 PRQJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) . $0.00 SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2°/a BOND FEE TaTAL. CAST QlF THIS PROPQSAL: ADDITfONAL TIME; 2 wQRKING DAYS JUSTfFICATION: LPA GROUPAND FIBER ONE REVISIONS AHRENS COMPANIES: ~~ RICHARD C. AHRENS eEo $2,288.00 $o.ao $2,2$~,aa $o.oo $2, 288.00 X0.00 $2,288.00 'ACCEPTANCE: DATE; MARCH 20, 2009 Ci47E: 3 i4GT Kinetic Road, Lake f'arl<, FL 33403-19ii Olfice (S61) 8b3-9004 Fax (SFii) 8[i3-9007 Contractor License tf CQC0065ia CO TD OWNfR #14REVISEf],XLS Architect License # AA? ~oao~~4 a ~r t71Y 01 ,.,~ ~,, ~_ ; t~on~ ol: e~ tst~lra CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 13 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 13 A) Contract Price Prior to this Change Order $1,047,208.00 Net Increase (Decrease) Resulting from this Change Order $ 5,187.50 New Contract Price Including this Change Order $1,052,395.50 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 -- ; -- -- ~ C.~~~!M~l-y-- Date: d y G~ Authorized Signature ~ni n ,,,~~s_ 7F'- Aparovals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order _ ity Counci Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order ~(meetin~~ate,~ ) Date: Z ! Z~f ~9 ect l Finance City Att. A E ~ ~~ to budget Sally A. aio, MMC, City Clerk to legal AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 13 PROJECT #: 08-000024 DATE: February 11, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: BREAKDOWN FOR THE AUTOMATIC SOLENOID VALVE FOR THE DIVERTING FIRE SPRINKLER WATER DISCHARGE. 134-05A SOLENOID FIRE DELUGE VALVE: X105LCW LIMIT SWITCH: 4" UNI-FLANGE: FREIGHT: SALES TAX: PARMENTER LABOR/OVERHEAD & PROFIT: AHRENS COMPANIES MARK-UP: LESS OPTION "B" VALUE: VALVE VALUE WAS DELETED FROM CHANGE ORDER #7 WITH IT'S ASSOCIATED MARK-UP. THIS CHANGE ORDER ADD BACK THAT COST TO THE VALVE COST. TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAYS AHRENS COMPANIES: C ~ .~---- RICHARD C. AHRENS CEO DATE: FEBRUARY 11, 2009 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 # CB0006515 CO TO OWNER#13.XLS Architect License # AR0010650 $ 2,288.25 $ 387.20 $ 150.00 $ 350.00 $ 190.52 $ 1,642.03 $ 954.50 $ (775.00) $ 5,187.50 DATE: ~~'~~~ J -r fITY OF ~~ . T NOME tN PEt,1CAIV 15IANb CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 12 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 12 A) Contract Price Prior to this Change Order $1,072,084.00 Net Increase (Decrease) Resulting from this Change Order $ (24,876.00) New Contract Price Including this Change Order $1,047,208.00 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 AGREED: C A Y Date: ~ c3 ~ d 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 ATT T: to budget Sally A. Maio, MMC, City Clerk to legal AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 12 PROJECT #: 08-000024 DATE: February 11, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DELETE THE WALKWAY CANOPY AND ASSOCIATED SIDEWALKS AND CONCRETE FOOTINGS. DELETE CANOPY: DELETE SIDEWALKS AND FOOTERS: ADMINISTRATIVE COSTS TO AFFECT THIS CHANGE: PROJECT MANAGER - 3 HOURS @ $82.00/HOUR: PROJECT ADMINISTRATOR - 2 HOURS @ $38.00/HOUR: TOTAL CREDIT: ADDITIONAL TIME JUSTIFICATION 0 WORKING DAYS $ (23,075.00) $ (2,123.00) $ 246.00 $ 76.00 $ (24,876.00) OWNER HAS DELETED THIS ELEMENT FROM THE CONTRACT AHRENS COMPANIES: ~~ RICHARD C. AHRENS CEO DATE: FEBRUARY 11, 2009 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 # CB0006515 CO TO OWNER#12.XLS Architect License # AR0010650 DATE: L~ J/~~ -~ ~~ ~~ I~I011AE t?F PF.LtCAN tst~i) CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 11 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 11 REJECTED ATT ST• n/ ` I ` ~s to budget Sally A. Maio, MMC, City Clerk as to legal A) Contract Price Prior to this Change Order $1,072,084.00 Net Increase (Decrease) Resulting from this Change Order $ -0- New Contract Price Including this Change Order $1,072,084.00 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 AGREED: P Y ~ '.` r Date: d-7 O Authorized Signature~l~~~~. Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: 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 .. ~ AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 11 PROJECT #: 08-000024 DATE: January 23, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: EXTEND THE WALKWAY CANOPY AND THE SIDEWALK DUE TO MOVING THE BUILDING 12' TO THE SOUTH PER PREVIOUS DISCUSSIONS AND DIRECTIVES TO LPA GROUP AND AHRENS COMPANIES. PERFECTION ARCHITECTURAL SYSTEMS: OGDEN BROTHERS CONSTRUCTION: PROJECT MANAGER (4 HOURS @ $82.00/HOUR): PROJECT SUPERINTENDENT (2 HOURS @ $59.00/HOUR): PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: $ 3,475.00 $ 1,513.00 $ 246.00 $ 118.00 $ 16.00 $ 5,428.00 $ 62.42 $ 5,490.42. $ 823.56 $ 0,313.99 $ 126.28 $ 6,440.27 ADDITIONAL TIME: 3 WORKING DAYS JUSTIFICATION: LPA GROUP RELOCATED THE BUILDING 12' TO THE SOUTH "THAT REQUIRED THE CANOPY TO BE EXTENDED AND CONCRETE FOOTERS ADDED. AHRENS COMPANIES: OWNEffPS A ANCE: ~,~J~~%' ` D~ ~~ RICHARD C. AHRENS CEO DATE: JANUARY 23, 2009 DATE: Z ~ l O 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 # CB0006515 CO TO OWNER#11.XLS Architect License # AA26000694 ~ {~ ~~ ~~ . ~. HOME f)F PEIICAN IStAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 10 PROJECT NAME: Airport Hanger A PURCHASE ORDER # 5918 FY09 PROJECT #: C5505 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 10 A) Contract Price Prior to this Change Order $1,038,863.48 Net Increase (Decrease) Resulting from this Change Order $ 33,220.52 New Contract Price Including this Change Order $1,072,084.00 B) Contract Time Prior to the Change Order (Number of Days) 205 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 5 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 CU Y NY l~~l/i Date: ~ 7 V Authorized Signature ,th, n .~,1. ~ f 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 (mee i date ) C O ASTIAN: Date: 2" ~ 9 0 9 Project l Finance City Attu ATT ST• L ~ ~ ~' to budget Sally A. Maio, MMC, City Clerk to legal • . AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 10 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DELTA FIRE SPRINKLER PIPING AND SPRINKLER HEADS REVISIONS: $ 27,500.00 PROJECT MANAGER (4 HOURS @ $82.00/HOUR): $ 246.00 ESTIMATOR (3 HOURS @ $59.00/HOUR): $ 177.00 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) $ 76.00 (CREDIT GIVEN ON CHANGE ORDER #2 FOR THE INTUMESCENT COATING) PLEASE NOTE: DESIGN/C E WILL ESENTED R A P GE ORDER WITH OTHER P JECT CHAN SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 5 WORKING DAYS JUSTIFICATION: CITY REQUEST AHRENS COMPANIES: ~' RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 $ 27,999.00 $ 321.99 $ 28,320.99 $ 4,248.15 $ 32,569.14 $ 651.38 $ 33,220.52 OWNER'S ACCEPTANCE: DATE: /~ ~ ~ ~ ` PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAI THE INAL 1461 Kinetic Road, Lake Park, FL 33403-191 Z~l~ld9' Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#10.XLS Architect License # AA26000694 cln of 4 ~~ ~~ .. Holtil>r of PELIGAI Isl~wn CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 9 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 $1,033,805.48 Net Increase (Decrease) Resulting from this Change Order $ 5,058.00 New Contract Price Including this Change Order $1,038,863.48 B) Contract Time Prior to the Change Order (Number of Days) 202 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 3 days TOTAL (Number of Days) 205 days New Completion Date Including this Change Order May 25, 2009 Authorized Signature ay ~y 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 Counci~~ Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order ~eetipe,Aate ) Date: Z ~9~~~ /~yyn~{ruago~ Project Manager Finance Director \ l ~ as to budget City Attorney as to legal ATT ---= Sally A. Maio, MMC, City Clerk ~~~ .4HRENS~ ~ /I^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 09 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: ADD TWO (2) WIND LOAD RATED ULTRA DOORS AT LOCATION G4 AND C1 FROM THE BASE PLAN OF SEPTEMBER 3, 2008. UNITED STRUCTURES OF AMERICA (USA): $ 2,444.50 CONCRETE SLAB: $ 148.50 EXTERIOR LIGHT: $ 376.00 ADD HOLLOW METAL DOOR FOR THE WATER HEATER ENCLOSURE IN THE BREAK AREA (DOOR, FRAME, HARDWARE AND INSTALLATION): $ 700.00 PROJECT MANAGER (2 HOURS @ $82.00/HOUR): $ 164.00 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR): $ 76.00 ESTIMATOR (6 HOURS @ $59.00/HOUR): $ 354.00 PLEASE NOTE: DESIGN/CAD TIME WILL BE PRESENTED UNDER A SEPARATE CHANGE ORDER WITH THE OTHER PROJECT CHANGES. SUBTOTAL $ 4,263.00 1.15% INSURANCE FEE: $ 49.02 SUBTOTAL $ 4,312.02 15% OVERHEAD $ 646.80 SUBTOTAL $ 4,958.83 2% BOND FEE $ 99.18 TOTAL COST OF THIS PROPOSAL: $ 5,058.00 ADDITIONAL TIME: 3 WORKING DAYS JUSTIFICATION: AS DIRECTED BY PLAN REVIEW AHRENS COMPANIES: c. RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 OWNER'S ACCEPTANCE: DATE: . / ~ O o 1461 Kinetic Road, Lake Park, FL 33403-191 Office (561) 863-9004 Fax (561) 863-900? Contractor License # CB0006515 CO TO OWNER#9.XLS Architect License # AA26000694 Y t• ~/~ {~ ~ ': ~.. I ~~-1 HU1NtE OF PEt,iUW iStllNb CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 8 PROJECT NAME: Airport Hanger A PURCHASE ORDER # 5918 FY09 PROJECT #: C5505 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 08 A) Contract Price Prior to this Change Order $1,200,480.68 Net Increase (Decrease) Resulting from this Change Order $ (166,675.20) New Contract Price Including this Change Order $1,033,805.48 B) Contract Time Prior to the Change Order (Number of Days) 202 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 202 days New Completion Date Including this Change Order May 22, 2009 AGREED: O P Y Date: d ~ C) ~' Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one): X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order (meetin~ date ) Date: Z ~~~~ to budget to legal ATT S ~~ Sally A. M o, MMC, City Clerk GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 08 PROJECT #: 08-000024 DATE: February 10, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: THE CITY OF SEBASTIAN HAS REQUESTED THAT THEY PAY UNITED STRUCTURES OF AMERICA (USA) DIRECTLY IN ORDER TO TAKE ADVANTAGE OF THEIR TAX EXEMPTION STATUS. USA HAS AGREED TO THIS CONDITION AND THE CITY OF SEBASTIAN MUST SIGN THEIR CONTRACT DOCUMENTS. WITH THIS ACTION, AHRENS COMPANIES GIVES CREDIT FOR THIS LINE ITEM (SEE ATTACHED USA BILL TO AHRENS COMPANIES). SEE ATTACHED USA CONTRACT TO CITY OF SEBASTIAN. ADMINISTRATIVE COSTS TO AFFECT THIS CHANGE: PROJECT MANAGER - 8 HOURS @ $82.00/HOUR: PROJECT ADMINISTRATOR - 3 HOURS @ $38.00/HOUR: TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: OWNER REQUESTED ACTION AHRENS COMPANIES: r RICHARD C. AHRENS CEO DATE: FEBRUARY 10, 2009 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 # CB0006515 CO TO OWNER#B.XLS Architect License # AR0010650 $ (167,445.20) $ 656.00 $ 114.00 $ (166,675.20) DATE: `~ ~~ ~~ ra ~' ;'. `~ x ; f ~~. ~`~° tiOM)r Ol~ PELiCAIV IStMID CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: See attached Ahrens Companies Change Order #: 7 Revised a~ rnntract Price Prior to this Change Order $1,188,639.22 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) $ 11,841.46 $1,200,480.68 200 days 2 days 202 days New Completion Date Including this Change Order May 22, 2009 Authorized Signature Date: ~ d- 7 ~ A royals 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~ date ) to budget to legal ATT+ ~~ Sally A. Ma' , MMC, City Clerk AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 7 REVISED PROJECT #: 08-000024 February 10, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 REVISIONS ASSOCIATED WITH THE RELOCATION OF THE BUILDING AND THE DECISIONS THAT REVISED THE TRENCH DRAIN SYSTEM AND ITS VARIOUS COMPONENTS. (REVISED AHRENS COMPANIES PLAN 501 AND ALL BASE REVISIONS RELATED TO SIDEWALK CHANGES AND LPA GROUP PLANS OF JANUARY 23, 2009). THIS ALSO INCLUDED ALL DESIGN MODIFICATIONS RELATED TO RE-ROUTING FPL, ATT, WATER AND SEWER LINES AS IT RELATED TO OUR PLANS PLUS REQUIRED REVISIONS FROM THE FIRE DEPARTMENT. THESE FIGURES ARE INTER-RELATED TO THE CONTRACT PROPOSAL "TRENCH DRAIN"/MISCELLANEOUS REVISION "B" OF SEPTEMBER 18, 2008. OPTION "B" -LOADED SUMMARY IN CONTRACT: $38,970.00. SUBCONTRACTOR LINE ITEM BUDGET FOR EACH LINE OF OPTION "B": $34,860.00. ADDITIONS AND DELETIONS WITH REVISED AHRENS COMPANIES PLAN 501 AND LPA GROUP PLANS OF JANUARY 23, 2009. ADDITIONS 1 ADDED TRENCH DRAIN PIPING AND ACCESSORIES: a. 26 LF 10" DIP: $1,280.50 b. 70 LF OF 4" AND 6" CAST IRON PIPING AND FITTINGS: $5,636.50 2 DELETE ONE (1) STANDARD MANHOLE: 3 DIFFERENCE IN CHANGE OF OIL/WATER SEPARATOR FROM CONCRETE TO STEEL ($9,428.00 - $6,000.00): $3,428.00 4 DELETE CONCRETE HEAD WALL: 5 D`LCTE ~~.'J~!. RETEn!T!ON P`~ND: 6 ADDITIONAL 4" PVC S.S. LINE: $543.00 7 ADDITIONAL 1" COPPER DOMESTIC WATER LINE IN SLAB: $187.00 8 ADDITIONAL TRAP PRIMER LIME: $520.00 1461 Kinetic Road, Lake Park, FL 33403-191" Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#7_revised.XLS Architect License # AR0010650 DELETIONS ($3,100.00) ($1,300.00) (¢3,75^ 0^i . ~. , 10 DIRECTIONAL BORE FOR S.S. LINE: 11 DESIGNER (3 HOURS @ $125.00/HOUR): 12 CADD (9.5 HOURS @ $75.00/HOUR): 13 PRINTS (162 SHEETS @ $2.00/EACH): 14 PROJECT MANAGER (8 HOURS @ $82.00/HOUR): 15 ESTIMATOR (8 HOURS @ $59.00/HOUR): 16 PROJECT SUPERINTENDENT (8 HOURS @ $59.00/HOUR): 17 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: TOTAL CREDIT FOR THIS PROPOSAL: NET COST ADDITION: ADDITIONAL TIME: 2 WORKING DAYS ADDITIONS $2,166.75 $375.00 $712.50 $324.00 $656.00 $472.00 $472.00 $76.00 $16,849.25 $193.77 $17,043.02 $2, 556.45 $19,599.47 $391.99 $19,991.46 DELETIONS ($8,150.00) $11,841.46 JUSTIFICATION: CHANGES IN LPA GROUP PLANS AND AHRENS COMPANIES PLAN 501 DUE TO BUILDING SHIFTING 12' TO THE SOUTH. AHRENS COMPANIES: OW R'S CEPTANCE: RICHARD C. AHRENS CEO ~ ~/ !Z DATE: FEBRUARY 10, 2005 DATE: I PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #7.revised.XLS ~~ HOINiIr Olt PIx,ICAN I5LAldb CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 6 A) Contract Price Prior to this Change Order $1,184,976.58 Net Increase (Decrease) Resulting from this Change Order $ 3,662.64 New Contract Price Including this Change Order $1,188,639.22 B) Contract Time Prior to the Change Order (Number of Days) 198 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 200 days New Completion Date Including this Change Order May 20, 2009 ~r ~. i `/ ~.- !j2~-Date: '~ c17 d ~1' Authorized Signature 3r1/~c.~~,sf 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 ATT T _ ~~ s to budget Sally A. Maio, MMC, City Clerk as to legal AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 6 PROJECT #: 08-000024 February 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: REVISION TO THE LOCATION OF THE DUMPSTER ENCLOSURE. ELIMINATE THE STAND ALONE DUMPSTER ENCLOSURE AND MODIFY THE EXISTING SINGLE ENCLOSURE TO MAKE IT A DOUBLE ENCLOSURE PER REVISIONS OF LPA GROUP PLANS OF JANUARY 23, 2009. 1 DELETE CONTRACT VALUES OF THE STAND ALONE DUMPSTER ENCLOSURE: a. CONTRACT -SLAB AND MASONRY: ($3,489.00) b. STUCCO: ($658.00) c. PAINT: ($216.00) d. GATE: ($200.00) TOTAL DEDUCT: ($4,563.00) 2 MODIFIED DUMPSTER ENCLOSURE: a. DEMOLITION AND DEBRIS REMOVAL: $864.00 b. SLAB AND MASONRY: $3,368.00 c. STUCCO: $658.00 d. PAINT: $312.00 e. :SATE AND RELOCATE GATE: $400.00 3 DESIGNER (1.0 HOURS @ $125.00/HOUR): $125.00 4 STRUCTURAL ENGINEER (0.5 HOURS @ $125.00/HOUR): $62.50 5 CADD (6.75 HOURS @ $75.00/HOUR): $506.25 6 PRINTS (28 SHEETS @ $2.00/EACH): $56.00 7 PROJECT MANAGER (4 HOURS @ $82.00/HOUR): $328.00 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#6.XLS Architect License # AR0010650 ADDITIONAL TIME: 2 WORKING DAYS JUSTIFICATION: SITE PLAN REVISION SUBTOTAL $7,012.48 15% OVERHEAD $1,051.87 SUBTOTAL $8,064.35 2% BOND FEE $161.29 TOTAL COST OF THIS PROPOSAL: $8,225.64 TOTAL CREDIT FOR THIS PROPOSAL: ($4,563.00) NET COST ADDITION: $3,662.64 8 PROJECT SUPERINTENDENT (3 HOURS @ $59.00/HOUR): 9 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) SUBTOTAL 1.15% INSURANCE FEE: AHRENS COMPANIES: O ER' C ~~ RICHARD C. AHRENS CEO DATE L ~ DATE: FEBRUARY 6, 2009 PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL $177.00 $76.00 $6, 932.75 $79.73 CEPTANCE: CO TO OWNER #6.XLS •• ~ r CHANGE ORDER #: ~~ . ~, ~~ 3 -~ ~.~ ~~~ ~, o~~~~~xx ~~scar~~ CITY OF SEBASTIAN CHANGE ORDER PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: OS REJECTED A) Contract Price Prior to this Change Order $1,184,976.58 Net Increase (Decrease) Resulting from this Change Order $ -0- New Contract Price Including this Change Order $1,184,976.58 B) Contract Time Prior to the Change Order (Number of Days) 198 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 198 days New Completion Date Including this Change Order May 18, 2009 C(,( Date: d~ ~~ Authorized Signature ~~~„~~;~- Aaprovals 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 ) Manager Finance Director' City Attorney ATTE T• ~ ~ ~~ to budget Sally A. Ma' MC, City Clerk to legal 1H1\ ~_.,, Date: ~9 6q ~~ ` • ;~~. ~ • ~4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 05 PROJECT #: 08-000024 DATE: December 30, 2008 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 COMPRESSOR ROOM ADD THE COMPRESSOR ROOM COMPONENTS.. i CONCRE T E SLAB/MASUIVRY: 2 USA STEEL AND FASTENERS/ERECTION: 3 STUCCO: 4 PAINTING: 5 GATES: 6 TRASH REMOVAL: 7 CHANGE ORDER ADMINISTRATION (ESTIMATOR/PROJECT MANAGER, PROJECT SUPERINTENDENT/PROJECT ADMINISTRATOR): (ELECTRICAL/SECOND COMPRESSOR WITH GFI OUTLETS) "*ELECTRICAL WORK WILL BE UNDER ANOTHER CHANGE ORDER WITH ALL OF THE ELECTRICAL CHANGES** SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 8 WORKING DAYS JUSTIFICATION: CHANGES OUTSIDE OF CONTRACT AHRENS COMPANIES: RICHARD C. AHRENS CEO DATE: DECEMBER 30, 2008 $ 3,590.00 $ 1,463.00 $ 1,869.00 $ 453.90 $ 1,000.00 $ 165.00 $ 2,384.50 $ 10,925.40 $ 125.64 $ 11,051.04 $ 1,657.66 $ 12,708.70 $ 254.17 $ 12,962.87 ~ ,~ /~ ~~~T v ~~ OWNER'S ACCEPTANCE: 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 # CB0006515 CO TO OWNER #S.XLS Architect License # AA26000694 QT4 of ..~ I w ~4:ti...y.... HOME OF P)rLtCAN 15t11N17 CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 04 A) Contract Price Prior to this Change Order $1,188,914.00 Net Increase (Decrease) Resulting from this Change Order $ (3,937.42) New Contract Price Including this Change Order $1,184,976.58 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 3 days TOTAL (Number of Days) 198 days New Completion Date Including this Change Order May 18, 2009 Authorized Signature Date: ot-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 ~ (mee~in~ date ) C OF LS er roject Manager i Finance Director City Attorney AT S < ~;~ ~~ to budget Sally A. M ~o, MMC, City Clerk to legal TIAN: q Date: Z l ~ 1 + AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 4 PROJECT #: 08-000024 February 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 SITEWORK REVISIONS FROM THE LPA GROUP PLAN REVISIONS OF JANUARY 23, 2009. DELETED PER ORDERS OF THE CITY OF SEBASTIAN ARE THE SITE TRAFFIC SIGNAGE, SYNTHETIC HAYBALES AND REVISIONS TO THE SILT FENCE LAYOUT. SILT FENCING AND LANDSCAPE REVISIONS WILL BE MADE UNDER SEPARATE CHANGE ORDER WHEN THOSE PLANS ARE REVISED BY THE CITY OF SEBASTIAN. ADDITIONS DELETIONS 1 DIRECTIONAL BORE FOR WATER LINE PLACEMENT REVISION: $2,520.00 2 WATER LINE REVISION (PIPING/VALVES/PLUGS): $2,380.00 3 REVISION FOR THE RE-CONFIGURATION OF THE SOUTHERLY DETENTION POND. a. STRIP GRASS + 65 CY: $390.00 b. CUT AND GRADE SWALE +3,525 SF: $2,467.50 c. CUT AND FILL, GRADE PAD + 225 CY: $1,350.00 d. ADDITIONAL GRADING AT WEST END OF POND +6,858 SF: $1,739.00 4 ADDITIONAL ASHPALT REMOVAL - 1,142 SY: $1,427.50 5 ADDITIONAL SIDEWALKS ON NORTH SIDE OF BUILDING AT DOOR 18 AND COLUMN LINE 4 - 210 SF: $900.00 6 PROJECT MANAGER (8 HOURS @ $82.00/HOUR): $656.00 7 PROJECT SUPERINTENDENT (8 HOURS @ $59.00/HOUR): $472.00 8 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) $76.00 9 PLANS TO SUBCONTRACTORS - 12 SETS: $264.00 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#4.XLS Architect License # AA26000694 .~ ~~ ADDITIONS DELETIONS 10 REVISION TO STORM DRAINAGE STRUCTURES AND PIPING -BASE CONTRACT: $23,549.00, NEW CONTRACT SUM: $10,528.00 -NET DIFFERENCE: ($13,021.00) 11 DELETE "F" CURB: ($8,289.00) SUBTOTAL $14,642.00 1.15% INSURANCE FEE: $168.38 SUBTOTAL $14,810.38 15% OVERHEAD $2,221.56 SUBTOTAL $17, 031.94 2% BOND FEE $340.64 TOTAL COST OF THIS PROPOSAL: $17,372.58 TOTAL CREDIT FOR THIS PROPOSAL: ($21,310.00) NET CREDIT: ($3,937.42) ADDITIONAL TIME: 3 WORKING DAYS JUSTIFICATION: REVISED LPA GROUP PLANS AHRENS COMPANIES: ~~ RICHARD C. AHRENS CEO DATE: FEBRUARY 6, 2009 "ANCE: PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #4.XLS v L~~ rr DATE: • 4 ~ Ylf fidML OF plrtJCMI 15LAF11) CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 3 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 REJECTED A) Contract Price Prior to this Change Order $1,188,914.00 Net Increase (Decrease) Resulting from this Change Order $ -0- New Contract Price Including this Change Order $1,188,914.00 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 195 days New Completion Date Including this Change Order May 15, 2009 ~l~ 1 Date: d"~ Q 7 Authorized Signature /~^„a , , _ ,~ X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order (meetigg date ) Project Manager Finance Director City Attorney AT T: ~ ~ ~~ to budget Sally A. io, MMC, City Clerk to legal -^ Date: z ~~~! ~ c, ~AHRENS• ~ /I^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 03 PROJECT #: OS-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 EXPOSE THE AVIATION FUEL LINE EXPOSE THE AVIATION FUEL LINE THAT HAD BEEN REPRESENTED AS A "GAS" LINE ON THE PLANS. AS HAD BEEN DISCUSSED, IT IS CRUCIAL THAT THE AVIATION FUEL LINE IS IDENTIFIED BY ALL PARTIES WORKING ON THE SITE. THE PIPE DEPTH AT THE SIDE OF THE ROAD IS 30" AND NOT 60", AND THE PIPE DEPTH GOING TO THE DISPENSER IS 27" AND NOT 36". PROJECT SUPERINTENDENT (17 HOURS @ $59.00/HOUR): PROJECT MANAGER (6 HOURS @ $82.00/HOUR): PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR): EQUIPMENT AND MATERIAL (SUNBELT RENTAL): PLEASE NOTE: PLAN REVISIONS HAVE BEEN AFFECTED DUE TO THE LOCATION AND ELEVATION OF THIS AVIATION FUEL LINE. SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: $ 1,003.00 $ 492.00 $ 76.00 $ 208.06 $ 1,779.06 $ 20.46 $ 1,799.52 $ 269.93 $ 2,069.45 $ 41.39 2,110.84 ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: NOT PROPERLY CLARIFIED BY LPA GROUP ON THEIR PLANS. „Q~ C AHRENS COMPANIES: OWNER'S ACCEPT RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 DATE: 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#3.XLS Architect License # AA26000694 atr tx ~' ~` ~~ liOlVllr OF P1+LIC~1N ISUWI~ CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 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 #: 02 A) Contract Price Prior to this Change Order $1,238,321.00 Net Increase (Decrease) Resulting from this Change Order $ (49,407) New Contract Price Including this Change Order $1,188,914.00 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 195 days New Completion Date Including this Change Order May 15, 2009 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 Project Manager/_~ Finance Director" l as to budget AT E Sally A. Mai , MMC, City Clerk City Attorney to legal 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 ~ ~ti~.: %~_. Date: ~ l~/~ A ~ f • • Y ~ - AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 02 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: INTUMESCENT COATING CREDIT: PLEASE NOTE: DESIGN/CAD TIME WILL BE PRESENTED UNDER A SEPARATE CHANGE ORDER WITH THE OTHER PROJECT CHANGES. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: CITY REQUEST AHRENS COMPANIES: ~~ RICHARD C. AHRENS CEO $ (49,407.00) $ (49,407.00) OWNER'S ACCEPTANCE: DATE: JANUARY 6, 2009 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 # CB0006515 CO TO OWNER #2.XLS Architect License # AA26000694 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 CREDIT FOR BUILDING COLUMN PROTECTION . , rnr a ~ ~,, ~,: FiOlNilr t3F PI:LiCMI TStHIVD CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 1 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: O1 A) Contract Price Prior to this Change Order $1,241,265.00 Net Increase (Decrease) Resulting from this Change Order $ (2,944) New Contract Price Including this Change Order $1,238,321.00 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 195 days New Completion Date Including this Change Order May 15, 2009 Authorized Signatu Date: C~ ~ ~ X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order _ City Co ncil Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order (meetj~g date ) ect Manage: Finance Directo City Attorney AT ~~ to budget Sally A. Maio, MMC, City Clerk to legal .-~"~ Date: ~" ~ / bC~ +~ F '• ' ~ ~4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 01 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DRYWALL CREDIT DRYWALL CREDIT WITH THE ASSOCIATED ADJUSTMENTS PER PREVIOUS DISCUSSIONS FOR PLAN DEVELOPMENT. DRYWALL AND DOOR CREDIT (67 BOARDS @ $70.00/BOARD): PAINTING CREDIT (3,216 SF @ $0.70/SF): VINYL BASE CREDIT (230 LF @ $1.00/LF): ADDITIONAL FENCING (21 LF @ 15' - 16' H): UPGRADE VINYL INSULATION TO 4": PROJECT MANAGER (5 HOURS @ $82.00/HOUR): ESTIMATOR (5 HOURS @ $59.00/HOUR): PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR): PLEASE NOTE: DESIGN/CAD TIME WILL BE PRESENTED UNDER A SEPARATE CHANGE ORDER WITH THE OTHER PROJECT CHANGES. THESE REQUESTED REVISIONS HAVE ALREADY BEEN ILLUSTRATED ON THE PLANS DATED NOVEMBER 21, 2008. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: CITY/TENANT REQUEST AHRENS COMPANIES: ~. RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 (2,944.00) OWNER'S ACCEPTANCE: ./_ -~ ~" DATE: l ~ D . o 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 # CB0006515 CO TO OWNER#1.XLS Architect License # AA26000694 $ (4,690.00) $ (2,251.00) $ (230.00) $ 3,246.00 $ 200.00 $ 410.00 $ 295.00 $ 76.00 crrvoF :: HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST ~ SEBASTIAN, FL 32958 PHONE 772-228-7001 ~ FAX 772-228-7078 jgriffin(a~cityofsebastian.or~ NOTICE TO PROCEED DESIGNBUILD HANGER "A" PROJECT at SEBASTIAN MUNICIPAL AIRPORT DATE: October 29, 2008 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 "A" PROJECT DESIGNBUILD SERVICES AGREEMENT. The project manager is Joe Griffin, 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. SEBASTIAN MUNICIPAL AIRPORT HANGER "A" PROJECT DESIGN-BUILD SERVICES AGREEMENT THIS AGREEMENT made this ZZ~lay of October, 2008, 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"). 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 "A" AT SEBASTIAN MUNICIPAL AIRPORT PROJECT. 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. 1 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: a. This Design-Build Hanger Building "A" at Sebastian Municipal Airport Agreement; b. Request for Proposal & Technical Criteria Package for Design-Build Services for the Design-Build Hanger Building "A" at Sebastian Municipal Airport project dated 28 July 2008, with Addendum No. 1 dated 30 July 2008, Addendum No. 2 dated 13 August 2008, Addendum No. 3 dated 26 August 2008, and Addendum No. 4 dated 28 August 2008; c. Proposal Package dated 3 September, 2008 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 "A" 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 Application: # 40-061-68172-11. h. FDOT grants: FN 409863-1-94-01 & 418164-1-94-01; i. Any written modifications, including Change Orders and Work Orders; j. Any other documents referenced in these Contract Documents; and, k. October 10, 2008 City Manager Agenda Transmittal describing negotiated base bid and selected alternatives for final cost. 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, 2 discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY. This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Contract Documents, or otherwise involving the Project, shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 THE WORK 3.1 Subject to and in accordance with the terms and provisions of the Contract Documents, the DESIGNBUILDER agrees to design and construct the Project for the CITY. 3.2 The DESIGNBUILDER agrees to provide all the professional design services, labor, material, supplies, equipment, transportation, apparatus, light, energy, temporary facilities and systems, scaffolding and tools necessary for the proper design, construction and completion of the Work described in the Contract Documents. 3.3 The DESIGNBUILDER shall remain fully liable to CITY for the adequacy of the Plans and Specifications and other documents, the ultimate and acceptable design and construction of the PROJECT, and for any errors and omissions that may exist thereon, whether the work is done in house by the DESIGNBUILDER, by joint venture, or by retention of a design professional by the DESIGNBUILDER. 3.4 The Plans and Specifications prepared by DESIGNBUILDER, DESIGNER, and Subcontractors in connection with the Project shall be a "work made for hire" and the CITY shall be vested with all rights of ownership thereto. Any use by the CITY of such Plans and Specifications for other projects unrelated to this Project shall be at the CITY's sole risk. 4.0 COMPENSATION CITY shall pay DESIGNBUILDER, in the manner set forth herein, a lump sum Contract Price of One million two hundred forty-one thousand two hundred sixty-five dollars ($1,241,265) for performance of the Work, which shall comprise total compensation to DESIGNBUILDER. 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 3 specified in the Contract Documents, which upon completion and delivery, shall be satisfactory to the CITY and all governmental authorities having jurisdiction thereof. 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 pursue modification 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'SbUTIES AND STATUS 6.1 PROFESSIONAL FIDUCIARY RELATIONSHIP TO CITY 6.1.1 The DESIGNBUILDER recognizes the relationship of trust and confidence established between it and the CITY by the Contract Documents. It covenants with the CITY to furnish its best skill and judgment, to cooperate with the CITY to incorporate in the Work only materials which shall be new and of the best of the kind of grades specified to insure that all workmanship shall be to the best of the recognized standard known to the various trades, to furnish efficient business administration and supervision, to keep at all times an adequate supply of workers and materials at the site, and to prosecute the completion of the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the CITY. 4 6.1.2 The DESIGNBUILDER hereby represents and warrants to CITY that DESIGNBUILDER is skilled and experienced in the design and construction of projects of the type depicted in the Proposal Documents, and that the DESIGNBUILDER by careful examination has satisfied itself as to the general area in which the improvements are to be located, including, but not by way of limitation, soil conditions, climate conditions, surrounding neighborhood and structures, local utilities, available labor supply and cost, all local governmental requirements, and available equipment supply and cost as well as all other items which in the DESIGNBUILDER's judgment could in any manner affect the timely performance of the Work. 6.2 DESIGN WORK 6.2.1 DESIGNBUILDER shall engage qualified, licensed design professionals (hereinafter collectively called "DESIGNER") to provide design services (including, without limitation, engineering, architectural, and other professional design services) for the preparation of Drawings, Specifications and other design submittals for the construction and compilation of the Work in accordance with the Contract Document. 6.2.2 The DESIGNER and other design professionals shall be engaged solely by DESIGNBUILDER. All agreements between DESIGNBUILDER and the DESIGNER and other design professionals, and any modifications thereof, shall be in writing. Copies of these agreements shall be furnished to CITY promptly upon CITY's request. DESIGNBUILDER shall be responsible to CITY for the acts and omissions of DESIGNBUILDER's employees, agents and independent contractors (including, without limitation, the DESIGNER, other design professionals and all Subcontractors), and their agents and employees, and all other persons or entities performing the obligations of DESIGNBUILDER under the Contract Documents. 6.2.3 DESIGNBUILDER shall carefully review the Contract Documents and other information relative to the Design Criteria, shall carefully evaluate existing conditions related to the Work (utilizing such tests and measurements as DESIGN/BUILDER deems advisable), shall carefully evaluate the site and related field conditions and shall report promptly to CITY any errors, inconsistencies or omissions. It shall be the DESIGNBUILDER's sole responsibility to evaluate any additional topographical surveys, soil tests, drainage plans and any other engineering reports, plans or tests that, in its professional opinion, are required to insure that sufficient information is available for the completion of the Work. Any additional work, regardless of its nature and scope, required as a result of said surveys, tests, reports or plans in order to complete the Work shall be performed at DESIGNBUILDER's sole cost and expense. However, it is understood that DESIGNBUILDER cannot be held liable for any unknown or hidden hazards that could not have been reasonably discovered by a DESIGNBUILDER similarly situated in the design/build industry. 6.2.4 DESIGNBUILDER shall provide design documents sufficient to establish the size, quality and character of the Project, the architectural, structural, mechanical and electrical systems of the Project, and the materials and such other elements of the Project as are required by the Contract Documents. The design documents may be prepared in a series of design submissions. In the process of preparing the interim design documents, DESIGN/BUILDER and CITY shall meet 5 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 DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and other persons designated by CITY. The design documents and all interim design submissions shall be subject to CITY's written approval. 6.2.5 After CITY has approved the design documents in writing, DESIGNBUILDER shall provide construction documents setting forth in detail the requirements for the construction of the Project. The construction documents shall include Drawings and Specifications and be consistent with the approved design documents. In the process of preparing the construction documents, DESIGNBUILDER and CITY shall meet and review the status and progress thereof based upon an agreed upon schedule. Minutes of each meeting shall be maintained by DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and those persons designated by CITY. The construction documents shall be subject to the written approval of CITY and no construction Work shall be performed prior to receipt of such written approval. 6.2.6 CITY's review and approval of design documents and the construction documents is intended to assure they are compatible with the Design Criteria and other expectations of CITY with respect to the Project. CITY's review and approval of any design documents or construction documents shall not be construed or deemed to either transfer any design liability from DESIGNBUILDER to CITY or to otherwise release DESIGN/BUILDER from liability in connection with the design of the Project. 6.2.7 Upon receipt of CITY's written approval of the construction documents, DESIGNBUILDER shall prepare and file all applications and accompanying documentation required to obtain the building permit and other governmental permits and approvals required for construction of the Project. This responsibility for performance would not apply to the documents required by The LPA Group, Inc., the airport's engineering/planning consultant. 6.2.8 DESIGNBUILDER shall obtain from each of DESIGNBUILDER's design and engineering professionals and furnish to CITY certifications with respect to the documents and services provided by such professionals as follows: A. That, to the best of their knowledge, information and belief, 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 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. DESIGNBUILDER shall promptly report in writing to CITY any conflict, error or discrepancy which DESIGNBUILDER or any of his Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from CITY before proceeding with any Work affected thereby; provided, however, DESIGNBUILDER shall not be liable to CITY for failure to report any conflict, error or discrepancy unless DESIGNBUILDER or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof. 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 provided 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 aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for Applications for Payment during construction. DESIGNBUILDER shall confirm in writing at the time of submission that an appropriate amount of direct costs, supplemental costs, administrative expenses, contingencies and profit have been allocated to each item of Work. 6.3.4 CITY will review and return the schedules submitted in accordance with this Article and DESIGNBUILDER, if required, shall revise, adjust or modify and resubmit acceptable schedules within the time periods required, and if none are required, at least ten (10) days before submission of the first Application for Payment. 6.4 PRE-DESIGN AND PRE-CONSTRUCTION CONFERENCE 6.4.1 No later than ten (10) days after the effective date of the Agreement, a conference will be held for the review of the Design Criteria and to establish procedures and schedules for the design phase of the Project, to review any required professional liability insurance coverage required with respect to the design Work and to establish a working understanding among the parties regarding the design Work, DESIGNBUILDER as well as the DESIGNER and other design professionals engaged by DESIGNBUILDER shall attend the conference. 6.4.2 Pre-Construction Conference -Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work and to the management of all aspects of the Project. DESIGNBUILDER shall attend such conference and shall require any or all of its Subcontractors and Suppliers, as CITY directs, to attend the conference. 7 6.4.3 Unless otherwise stated at the Pre-Construction Conference or a Project Meeting, the CITY's Project Manager as assigned in writing by CITY will be the single authorized representative of CITY assigned the duty of, and authorized to, transmit or receive communications between DESIGNBUILDER and CITY for the remaining term of the Agreement. 6.5 DUE DILIGENCE 6.5.1 Before ordering any material or doing any work, DESIGNBUILDER shall verify all measurements and conditions at the existing site and ensure the accuracy and suitability of same. No additional compensation will be allowed or paid on account of any difference between actual dimensions and measurements indicated in the Proposal Documents. Any differences which may be found shall be submitted to the CITY for instructions before proceeding with the Work. 6.5.2 DESIGN/BUILDER shall purchase all materials in accordance with the accepted Work Schedule so as to avoid delays and substitutions when such materials are to be incorporated in the Work; said materials are to be stored in designated locations in a manner secure from all identifiable risks. 6.6 STAGING AREAS The DESIGNBUILDER and CITY shall identify the preferred staging areas adjacent to the construction site. Upon completion of the Project, it is the responsibility of DESIGNBUILDER to restore the staging areas to an agreed-upon state. 7.0 DESIGN APPROVALS 7.1 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Preliminary Design documents including, but not limited to, elevations, sections and an outline of specifications that are based on and comply with the Design Criteria and the Proposal Documents. 7.2 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Design Development documents including, but not limited to, elevations, miscellaneous details and an updated set of specifications which are based on and comply with the Design Criteria, the Proposal documents and the CITY-approved Preliminary Design documents. 7.3 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Final Plans and Specifications that shall be based on compliance with the Design Criteria, the Proposal Documents and the previously approved Design Development documents. 8.0 PLANS, SPECIFICATIONS AND RELATED DATA 8.1 INTENT OF PLANS AND SPECIFICATIONS 8.1.1 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, DESIGNBUILDER or any member of DESIGNBUILDER or any subcontractor finds a gap, conflict, error or discrepancy in the Contract Documents, DESIGNBUILDER shall report it to CITY in writing at once and before proceeding with the Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after its discovery of such gap, conflict, error, or discrepancy, which is directly or indirectly affected by such gap, conflict, error, or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors and discrepancies between the Contract Documents, the documents shall be given preference in the following order: Change Orders, Design Criteria, DesignBuild Agreement, Notice to Proceed, Approved Plans and Specifications, Approved Shop Drawings, Proposal, remaining portions of the Request for Proposals Package, Performance and Payment Bonds, Insurance Certificates and Endorsements, Affidavits and Certifications. Any Work done by the DESIGNBUILDER or any of its Subcontractors after the discovery by the DESIGNBUILDER of such gaps, conflicts, errors and discrepancies and without the resolution thereof will be at the DESIGNBUILDER's own risk and it shall bear all costs arising therefrom. 8.1.2 DESIGNBUILDER shall ensure that the Contract Documents, which includes any Drawings, Plans and Specifications prepared by DESIGNBUILDER or any member of DESIGNBUILDER or any Subcontractor, are in compliance with and complementary to the Design Criteria. If during the performance of the Work, DESIGN/BUILDER or any member of DESIGNBUILDER or any Subcontractor finds a gap, conflict, error or discrepancy between the Design Criteria and the remaining Contract Documents, the DESIGN/BUILDER shall report it to CITY in writing at once and before proceeding with any Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after his discovery of such gap, conflict, error or discrepancy, which is directly or indirectly affected by such gap, conflict, error or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors or discrepancies between the Design Criteria and Contract Documents, the Design Criteria shall be given precedence unless modified in writing. 8.1.3 Specifications have precedence over drawings. Figured dimensions on drawings shall govern, but Work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large-scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancies between any drawings and the figures thereon, the figures shall be taken as correct. 8.1.4 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words having awell-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 9 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 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 DESIGNBUILDER has in writing called DESIGNER'S and CITY'S attention to each such variation at the time of submission and CITY has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by DESIGNER or CITY relieve DESIGNBUILDER from responsibility for errors or omissions in the Shop Drawings or from responsibility for verifying dimensions, measurements, field conditions, and compliance with the Design Criteria. 70 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 DESIGNBUILDER, including any consultants charges to CITY for the same. CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 8.2.8 In reviewing Shop Drawings or samples, CITY shall be allowed seven (7) 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. 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 12 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 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. Any foreman or worker employed by the DESIGN/BUILDER or subcontractors who, in the opinion of the CITY does not perform in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the CITY, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the CITY. The DESIGN/BUILDER shall at all times be responsible for the conduct and discipline of its employees and any subcontractor or person employed by subcontractors. 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 times 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 13 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 properly 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 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. 74 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. 10.5 SPECIFIC STAKING REQUIREMENTS. Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. 10.6 COORDINATION WITH CITY. The CITY'S recorded subdivision plats are not guaranteed to be correct. The distance, bearing and curve information shall be established by the DESIGNBUILDER's surveyor to control alignment throughout construction. All surveying activities will be coordinated with the CITY's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the CITY, that are disturbed or destroyed during construction shall be accurately replaced by the DESIGN/BUILDER'S surveyor to the satisfaction of the CITY'S surveyor. 10.7 LOCATION OF EXISTING UTILITIES AND PIPING 10.7.1 All existing underground utilities, such as telephone, cable television and electrical cables must be located by the DESIGN/BUILDER prior to starting work in accordance with established local procedures, and 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 DESIGNBUILDER 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. 15 11.0 PROGRESS AND COMPLETION OF WORK 11.1 DESIGNBUILDER'S OBLIGATION 11.1.1 DESIGN/BUILDER shall supervise and direct the Work, using DESIGN/BUILDER'S best skill and attention. DESIGN/BUILDER shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. 11.1.2 DESIGN/BUILDER shall enforce strict discipline and good order among 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. 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 DESIGNBUILDER's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with DESIGNBUILDER. 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 16 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 DESIGNBUILDER 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 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 DESIGNBUILDER 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 DESIGNBUILDER 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. 17 11.7.2 A delay beyond the DESIGN/BUILDER'S control occasioned by a natural disaster or other significant event may entitle the DESIGNBUILDER to an extension of time in which to complete the Work as determined by the CITY provided, however, the DESIGNBUILDER 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. 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 DESIGNBUILDER. 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 DESIGNBUILDER to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish DESIGN/BUILDER'S liability with respect to DESIGNBUILDER's remaining contractual obligations. 12.0 PUBLIC HEALTH AND SAFETY 12.1 PROTECTION OF PERSONS AND PROPERTY 12.1.1 The DESIGNBUILDER shall conform to, and abide by, a project safety/security/risk management plan that describes the DESIGN/BUILDER's plans and procedures to protect the safety and property of property owners, passers-by and all other aspects 18 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 Pro rg ams. 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 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 DESIGNBUILDER 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 19 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 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. 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 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 DESIGNBUILDER shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Envirorunental 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 20 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. 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 DESIGNBUILDER RELATIONS 13.1 CONSTRUCTION REVIEW. 13.1.1 All work done shall be subject to the construction review of the CITY. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The CITY shall be allowed access to all parts of 21 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 changes to the final Plans and Specifications or the Shop Drawings for the Work shall require that they be reviewed and initialed by DESIGNER. 13.3 SUSPENSION OF WORK. The CITY shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the DESIGN/BUILDER to carry out the provisions of the Contract or to supply materials meeting the requirements of the Plans and Specifications, or the action of a governmental agency, by serving written notice of suspension to the DESIGN/BUILDER. The DESIGN/BUILDER shall not suspend operations under the provisions of this Paragraph without the CITY's permission. 13.4 LIMITATION TO RESPONSIBILITY 13.4.1 Neither CITY's authority to act under this Article or elsewhere in the Contract Documents nor any decision or determination made by CITY or its representatives in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of CITY to DESIGN/BUILDER, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 13.4.2 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of CITY as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the .Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CITY or its representative any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 22 13.4.3 CITY will not be responsible for DESIGNBUILDER's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CITY will not be responsible for DESIGNBUILDER's failure to perform or furnish the Work in accordance with the Contract Documents. 13.4.4 CITY will not be responsible for the acts or omissions of DESIGNBUILDER or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 13.5 FIELD TESTS AND PRELIMINARY OPERATION. The 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 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 DESIGNBUILDER 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. 23 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. 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. 24 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. 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. 25 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, 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. 26 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. (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 27 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 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 DESIGNBUILDER shall notify the CITY in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the CITY is not afforded by the 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 28 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 DESIGNBUILDER by the CITY at actual cost and shall thereupon become the property of the CITY or, if returnable, at the option of the CITY the materials may be returned and CITY shall pay any applicable delivery or cancellation charges. 14.10 PAYMENT FOR WORK SUSPENDED BY THE CITY. If the Work or any part thereof shall be suspended by the CITY, the DESIGN/BUILDER will then be entitled to submit a payment request for all work done. 14.11 PAYMENT FOR WORK DONE BY THE CITY. The cost of the work performed by the CITY removing construction materials, equipment, tools and supplies, cleaning up, or in correcting deficiencies in shall be paid by the DESIGN/BUILDER. 14.12 PAYMENT FOLLOWING TERMINATION OF CONTRACT 14.12.1 Termination by CITY for Cause. Upon termination of the contract by the CITY for cause, including abandonment or termination by DESIGN/BUILDER, the CITY may enter into an agreement with others for the completion of the Work under this Agreement. No further payments shall be due the DESIGN/BUILDER until the Work is completed and accepted by the CITY. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, DESIGN/BUILDER shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the 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 considered 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 on a quantum meruit basis 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 DESIGNBUILDER and outstanding claimants. 29 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 DESIGNBUILDER 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. 14.15.2 As a condition for Final payment, aDESIGN/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 DESIGNBUILDER shall purchase and maintain the liability insurance described herein to provide protection from claims arising out of or resulting from DESIGNBUILDER's performance of the Work and DESIGNBUILDER's other obligations under the Contract Documents, whether such performance is by DESIGNBUILDER, by any Subcontractor or Supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 15.1.2 The liability insurance shall include liability insurance applicable to all of 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. 30 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: (1) Comprehensive Form Including Loading and Unloading. (2) Owned. (3) Hired. (4) Non-Owned. 15.2 PROFESSIONAL LIABILITY INSURANCE. The DESIGNBUILDER, or in the event the DESIGNBUILDER subcontracts the design services, then the DESIGNER shall provide and maintain a professional liabilities/errors and omissions insurance policy having minimum limits of $1,000,000 per claim with a maximum deductible of $100,000. Any professional liability shall delete any design build exclusion that could adversely affect coverage because of the design/build format of the Contract Documents. Coverage shall be provided for full resultant damages. Such professional liability insurance certificates shall be provided to the CITY prior to commencement of design Work. 15.3 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. DESIGNBUILDER shall obtain full Worker's Compensation Insurance coverage for no less than the statutory limits and Employer's Liability Insurance coverage in limits not less than $100,000 for each employee for all persons whom it employs or may employ in carrying out the Work under the Agreement. This insurance shall be in strict accordance with the requirements of the most current and applicable state Worker's Compensation laws. 15.4 GENERAL REQUIREMENTS 15.4.1 DESIGNBUILDER shall not commence or continue to perform any Work unless it, at its own expense, has in full force and effect all required insurance, and until all insurance Certificates and Endorsements have been filed evidencing the specific insurance coverage required, nor shall any payment for Work performed become due and payable until such Certificates and Endorsements have been filed. The 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 31 other person or organization. 15.4.2 Worker's Compensation and Employer's Liability Insurance shall be maintained in effect for the full Warranty Period, even as extended. Should any coverage approach expiration during the period in which it is to remain in full force and effect, it shall be renewed prior to its expiration. 15.4.3 Insurance coverage shall be placed with satisfactory carriers licensed to do business in the State of Florida and countersigned by a resident agent. Insurers shall have at least an "A" Best's Rating and a Class XI or better financial category in accordance with the most current A. M. Best Company ratings. 15.4.4 At the time indicated in the Contract Documents, as evidence of specified insurance coverage, DESIGNBUILDER shall provide certificates of insurance evidencing the specific policies issued, the limits of coverage afforded, and the specific endorsements provided, all in accordance with forms prescribed by CITY. No alteration or substitution of said insurance certificate forms will be allowed, unless approved by CITY in writing. 15.4.5 If so requested in writing by CITY, DESIGNBUILDER shall deliver one (1) copy to CITY of each insurance policy purchased by DESIGNBUILDER pursuant to this Article within thirty (30) days of the request. 15.4.6 All the policies of insurance required of DESIGNBUILDER in the Contract Documents shall be endorsed to include CITY, each of its directors, officers, employees, representatives, agents or volunteers as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of insurance provided under DESIGNBUILDER's policies of insurance shall not be reduced or prorated by the existence of the other insurance. 15.4.7 All the policies of insurance so required of DESIGNBUILDER in this Article shall be endorsed to expand coverage as required in this Article. 15.4.8 Deductible/self-insured retention amounts shall be subject to approval by CITY, and shall be reduced or eliminated upon written request from CITY. The insurer's cost of defense including attorney's fees (and attorney's fees on appeal) shall not be included within the policy coverage but shall remain the responsibility of insurer. 15.4.9 Nothing contained in these insurance requirements is to be construed as limiting the liability of DESIGNBUILDER or DESIGNBUILDER's insurance carriers. It is to be understood that CITY does not in any way represent that the insurance (or the limits of insurance) specified in this Article is sufficient or adequate to protect DESIGNBUILDER's interests or liabilities, but are merely minimums. 15.4.10 Umbrella Liability Insurance shall not be more restrictive than the underlying 32 insurance policy coverages. 15.4.11 All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by DESIGNBUILDER in accordance with the Contract Documents will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. 15.5 CITY'S INSURANCE. CITY shall have the option of purchasing and maintaining its own insurance without prejudice to its rights hereunder. Further, iIf DESIGNBUILDER fails to obtain or renew insurance or fails to maintain insurance in a form required by the Contract Documents, or if any insurance company 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 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 DESIGNBUILDER. If CITY elects to raise an objection to the coverage afforded by or the other provisions of the insurance furnished, DESIGNBUILDER shall promptly provide to CITY such additional information as CITY may reasonably request, and DESIGNBUILDER shall remedy any deficiencies in the policies of insurance at once. 15.6.2 CITY'S authority to object to insurance shall not in any way whatsoever give rise to any duty on the part of CITY to exercise this authority for the benefit of DESIGNBUILDER or any other party. 16.0 PUBLIC CONTRACT REQUIREMENTS 16.1 COVENANT AGAINST CONTINGENT FEES. The DESIGN/BUILDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGNBUILDER, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the DESIGN/BUILDER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the CITY shall have the 33 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 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 DESIGNBUILDER 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 DESIGNBUILDER without the prior written consent of the CITY during the term of this Agreement. Any work where the DESIGNBUILDER can reasonably anticipate that it may be called to testify as a witness against the CITY in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 16.5 PUBLIC ENTITY CRIMES. The 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. 34 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 DESIGNBUILDER 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. All CITY and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the CITY, except for DESIGN/BUILDER's licenses and registrations. DESIGN/BUILDER shall secure a building permit if required by the CITY's Building Official, however fees are waived. 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. 35 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 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 36 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 shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the CITY. Any use of any plans and specifications by the CITY except the use reasonably contemplated by the CITY at the time the CITY entered this Agreement will be at the CITY's risk and DESIGN/BUILDER, its officers, directors and employees, will be held harmless from such use. 17.6 NON-AGENCY. DESIGNBUILDER shall perform all Work under this Agreement as an Independent Contractor and shall not be considered an agent of CITY, nor shall DESIGNBUILDER's DESIGNER, Subcontractors or Suppliers or employees be considered agents of CITY. DESIGNBUILDER and not the CITY shall be solely responsible to the DESIGNER, any and all Subcontractors and Suppliers, and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work. 17.7 COMPUTATION OF TIME. When any period of time is referred to in the Contract Documents by days, it shall mean calendar days 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 37 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. ATTEST: Sally A. Ma' , MMC, City Clerk (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert A. Ginsburg, Interim ity Attorney THE ~ITY,O~' SEBASTIAN III, City Manager --------------------------- DESIGN/BUILDER ------------------------- Signed, sealed and delivered in the presence of: n NAME: Z~y2,~--- NAME: q ~,,~ ~OSe.rYlGnu 1~Gtw~~SS AHRENS COMPANIES DESIGN/BUILDER /~ , Name: ,C7-~1fZ,~Rl~1- ~/~E'~-.S Title: ~f, j p s ~~~~ 38 CITY OF SEBASTIAN MUNICIPAL AIRPORT-REQUEST FOR PROPOSALS DESIGN BUII.D SERVICES FOR HANGAR BUII.DING "A" APPENDIX A: PRICE PROPOSAL FORM The undersigned, having become thoroughly familial with alI of the RFP Documents and information incorporated herein, hereby proposes to perform everything required to be performed in conformity with the requirer~rts of these documents, meeting or exceeding the specifications as set forth for the price(s) quoted below. The price(s) quoted is (are) inclusive of arty Addenda issued prior to this submittal. • • By the signature below, the Proposer agrees that this Proposal is made without airy other understanding, agraeruent, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this proposal, the Proposer agrees to enter into a conforming agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the tams and conditions of all documents stated herein with the City of Sebastian forthe-below-stipulated.price whieh~.H remain:firm for one hundred twenty (120) days .... foIlowing submittal deadline date: ~THE~PRDPOSED PRICE(S') PROVIDED BELOW ARE ALIT INCLUSIVE. GUARANTEED ]yZA7~JM unless otherwise stipulated. Total Base Price S . 1, - Sq, 33S-ov Additive Alternate 1: Crenerstor, enclosure, concrete $ , 1~ 51,743.00. Additive Alternate 2; Hydro-Swing Door $ 22,913.00 Additive Alternate 3: Sliding Hangar Door $ . b9,000.00 Additive Alternate 4: Bi-Fold Hangar Door $ 26,236.00 Additive Alternate 5: Additional (differential) cost for $ hurricane- window at the office location. 475.00 . Additive Alternate 6: NetworldT-10 lines and drops. $ 2,565.00 Additive Alternate 7: lntumescetit Coating.l hr fire $ raiing ~ 55,668.00 Award will be made to the lowest responsive and responsible Proposer whose proposal, confirming to the specifications, Inst<uctions For Proposers, and' Contract Documents, will be the most advantageous to the City in cAnsider~tion of price, time of performance, and other factors as deternnined by the City. Further, the City reserves the right to award the contract baxd on any one or ail of the "Additive Ahemates;" therefore, each "Total Base Bid+Additive alternate" price must be ready to stand on its own. The Proposer must submit bids on the Base Bid including the "Additive Alterna#es" shown above. CONSTRUCTION COMPLETION TIME: Proposer warrants substantial completion of construction snail not exceed I95 aleadar days. There will be 5200/day liquidated damages for days exceeding 195 calendar days. The breakout of phases is a follows: a . 60 calendar days design 8t peraritting b. 120 calendar days construction c. 15 calendar days for final punc~r list. Page 25 ad'8f Addbndum 2 13AUG-08 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES FOR HANGAR BUILDING "A" ATTACHMENT 2 !DRUG-FREE WORKPLACE FORA~II The undersigned Proposer, in accordance with Florida Statute 287.087 hereby certifies that Ahrens Enterprises, Inc. DBlA/ Ahrens Companies does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employce will abide by the temps of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United Stated or any state, for a violation occurring in the workplace no later than five (5) days after • such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted 6. Make a good faith effort to continue to maintain a drug floe workplace through implementation of Paragraph 1 through 5. As the person authorised to sign this statement, I certify that this firm complies fully with the above requirements. Date; September 3, 2008 Si `~ ,,~(~~(JL, '(~ • Page 33 018! 28,1!1!-08 ITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES FOR HANGAR BUILDING "A" • ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) SWORN STATEMENT UNDER SECTION 287.133(3)(a). FLORIDA STATUES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.~1 This sworn statement is submitted with Proposal for Error! Unknown document property name., Sebastian Municipal Airport, City of Sebastian, Florida. 1.02 This sworn statement is submitted by Ahrens Enterprises, Inc. D/B/A/ Ahrens Companies name of entity submittin sworn statement) whose business address is 1461 Kinetic Road, Lake Park, FL 33403-1911 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0297589 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:(n/a ). 1.03 My name is BARBARA AHRENS and my relationship to the (please print name of Individual signing) entity named above is :President 1.04 I understand that a "public entity crime" is defined in Paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the • United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.05 I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonj ury trial, or entry plea of guilty or nolo contendere. 1.06 I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues, means: (1) A predecessor or successor of a person convicted of a public entity crime: or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm~slength agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 1.07 I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. • Pag 35 of ~~ ~8-JUL- CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES FOR HANGAR BUILDING "A" 1.08 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings, the final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) SWORN STATEMENT -PUBLIC EN TY CRIMES (CONTINUED) / , ~~ (Signature) ~_ ate: September 3, 2008 STATE OF FLORIDA COUNTY OFPaIm Beach The foregoing instrument was acknowledged before me this 3rd BARBARA AHRENS President day of September 2008 , 2007 by (title) on behalf of uua,:e~,~e~ds~s,m~.~~ninive„scompm~t~s (name of partnership), a partnership. He/she is personally known to me or has produced n/a My Commission Expires: July 7, 2011 Commission Number: DD 678134 as identification and did Odid not (X) take an oath. (acG~ OTARY PUBLI END OF SWORN STATEMENT -PUBLIC ENTITY CRIMES ~. `r' YU~~ r 3 ~ MY COMMMIBKnV ;~ pp 87E 134 EXPIPIES: July 7, 201 t ~ B'"~ n'ti ~' Po61ic unde,,,.M,q Page 36 of 81 28-JUL-08 ACORD~, CERTIFICATE OF LIABILITY INSURANCE 3/6%200 ~~~~ (561) 746-4546 FAX: (561j 746-9599 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY .AND CONFERS Np RIGHTS UPON THE CERTIFICATE uesta A enc Inc Te g q y, . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 218 S . US Highway dne ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 T ester FL 33469 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Trans ortation Ins Co Ahrens Enterprises, Inc., INSURERB:Valle Fore Ins Co DBA:Ahrens Companies 1NSURERC:SOCluB Ins Services, Inc 1461 ICinet].C Road INSURER D: Lake Park FL 33403 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. INSR ADD'L TYPE OF WSURANCE POLICY NUMBER DMA EYM~Cn~ PDATE MM/D ~ LIMA GENERAL LIABILITY EA H URREN E $ 1,000,000 X COMMERCIAL GENERAL LIABILITY _ PREM ET EaENCC~urtDn e $ 100,000 A CLAIMS MADE aOCCUR 2075808864 1/30/2008 1/30/2009 MEOEXPAn one $ 5,000 X R, C, U INCLUDED OANERS S CONTRACTORS PERS AL&ADVI RY $ 1,000,000 X CONTRACTUAL LIAR. PROTECTIVE INCLUDED GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIM ITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000 ~~ POUCY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acadent) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-0WNED AUTOS (PeracGdeM) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN $ AUTO ONLY: A $ EXCESSNMBREI.LAL1ABItJTY $ 5, 000, 000 X OCCUR ~ CLAIMS MADE AGGRE T $ 5, 000, 000 $ A DEDUCTIBLE 207580890 1/30/2008 1/30/2009 g X ET NTION 10 000 $ WORKERS COMPENSATION AND ' , OTH- X WC1Sf LAMij~ EMPLOYERS LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE . E.L. EACH ACCIDENT $ 500 , 000 - OFFK:ER/MEMBEREXCLUDED? 20755809481 1/30/2008 1/30/2009 E.L. DISEASE-EA EMPLOYE $ 500,000 If yes, describe under SPE I PROVISION below E.L. DISEASE -POLICY LIMIT a 500 , 000 C Dr+ER PROFESSIONAL 80065048503 9/8/2007 9/8/2008 r>,x czau~ 1,000,000 LIABILITY AccxEC,a+,xE 1, 000, 000 DESCR~TK)N OF OPERAT70NSA.OCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISKMIS CONTRACTORS EQUIPMENT: AMERICAN CASUALTY INSURANCB 1102075808664 EFF. 01/30/2008 TO 01/30/2009 - 2$ DEDUCTIBLE WITB M]T1I2~A>id $2,500 AND $25,000 MARIMUM - 5$ TPINDJBAIL SUBJECT TO $10,000 MINIMUM; COVERAGE INCLUDES LEASED RENTED EQUIPMENT SiITB A LIMIT OF $300,000 CERTIFICATE HOLDER CANCELLATION (561)233-5554 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PAIM BEACH COUNTY EXPIRATKNJ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CONTRACTORS CERTIFICATION 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 2300 NORTH JOG ROAD FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ., WEST PALM BEACH, FL 33411-2741 INSURE ITS AGENTS OR REPRESENTATNES. AUTHORI~D REPRESENTATNE I ~~~ ~ y°~ Mark Kasten/AVERY - l ^-- ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IIUC~19~. IM nog nCw Donn 1 n/ 7 APR -16-2009 THU 09:16 AM AHRENS COMPANIES INC. FAX NO, 5618639007 P. 02 ��.;' '`.. �C"<'�7': ' _ .tet ...,. N,•S?�� PAYMENT AND PERFORMANCE BOND (This form provided by Owner as an example of the form of bond; the actual bond form must conform to the standards required byFYortda Statues) KNOWN ALL PERSONS BY THESE PRESENTS: that Ahrens Enterprises dba Ahrens Companies (Narne of Contractor) 1461 Kinetic Road, Lake Park, FL 33403 (Address of Contractor) a Corporation , hereinafter called Principal and (Corporation, Parmemhip or Individual) Contractors Bonding and Insurance Company (Name or Surety) P.O Box 9271, SeattleJ_WA 98109-0271 (Address of Surety) hereinafter called Surety, arc held and firmly bound unto City Of Sebastian (460%%mer"), whose address shall be lmow-n as 1225 MainStreet, Sebastian FL 32959 . in the total aggregate pcnal stun of 100% of the contract amount equivalent to ' One Million Two Hundred Fortv One Thousand Two Hundred Sixtv Five Dollars (witten amount of contract) '$1241265.00 (numerical amount) in lawfid money of the United States, for the pa}7nent of which sun well And truly to be made, we bindourselves, our heirs, executors, administrators, successors, and assigns jointly and severally f rmly by these prescnts. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal enterod into a certain Agrcm=t with the Owner, dated the 22nd day of October , 2408, a copy of which is hareto attached and made a part hereof, for Hangar Buiidinq'!A" at Sebastian Municial Airport NOW THEREFORE, irthe Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, And agreements of stud contracts during the original term thereof, and any►wansion APR -16-2009 THU 09;16 AM AHRENS COMPANIES INC. FAX NO. 5618639007 P. 03 Y \� thereof which muy be granted by the Owner, with or without notice to the SURETY and during the one year guaranty period and if the PRINCIPAL shall satisfy all claims and demands incurred under such contract, and shall fullyindmmify and save harmless the Owner frorn all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner for all costs which it may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and affect. PROVIDED, FURTHER, that the said SURETY, for value mccivcd hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying some shall in any way affect its obligation on this BOND, and it does hereby waivo notice of any such changes, extension of time, alteration or addition to the tcrTns of contract or to the WORK or to the SPECIFICATIONS, PROVIDED, 1; URTHER, that it is expressly agreed that the BOND shall be deemed amendcd, automatically and immediately, without formal quid separate amendments hereto, upon amendment to the Contract notincreasing the contract price more than 20 percent, so as to bind the PRINCIPAL and the SURETY to the full and faithful performance of the contract as so amended, the term "Amendmcnt", wherever used in this BOND, and whether re(brring to this BOND, or the Contract shall include any alteration, addition, extension, or modification of any character whatsoever. PROVIDED, FURTHER, that no final settlement between the Owner and the PRINCIPAL shall abridge the right of the other beneftciaryhercunder, whose claim may be unsatisfied. The Owner is the only benefieiaryhe=ndcr. IN WITNESS WHEREOF, this instrument is executed in counterparts, each of which shall be deemed an original, this tho 2nd day of December, 2008. ATTEST: Ahrens Enterprises dba Ahrens Companies nci al) (Principal) Teeretary Signature a_ (SEAL) ` Printed Name &'title 16'A tm t Re slbav fitness as t Principal) Address 14 e pAk W 3 3 V6 PROVIDED, FURTHER, that no final settlement between the Owner and the CONTRACTOR shall abridgc the right of any beneficiary hereunder, whose claim may be unsatisfied. APR -16-2009 THU 09:17 AM AHRENS COMPANIES INC. FAX NO. 5618639007 P. 04 WITNESS WHEREOF, this Inst runient is omuted in counterparts, each of which shall be deemed an original, this the tad -day of December , 2008. AT'T'EST: (Principal Sccmtary) (SEAL) (Witness as to Principal) ! r4 tkA?- &14-a (A dross) LAL ATTEST: Q".Al 6&� (Witness as to Sure 800 Bricked Avenue (Address) -- Miami, FL 33131 i Ahrens Enterprises dba Ahrens Companies (Principal) /JAj A (Signattue) 94k&AM A64aus (Printed Name and Title /q(Olej oog.�r c X6.4&_ (Address) 3 Contractors Bonding and Insurance Company (Surety Typed or Printed) (Attorney -in Fact" Signatu}� , _ ; •�_ Georgina C. Serio, AttoreM=r,�Ct (Printed Name and�tic� S00 Bricked Avenue, Miami;FL.3s,1'Tt-'f.%' (Address) Now Date of Bond must not be prior to ditto of the Agreement, IF Contractor is it part imhip, all partners should execute the Bond. IMPORTANT: SURETY COMPANIES EXECUTING BONDS MUST APPEAR ON THE TREASURY DEPARTMENT'S MOST CURRENT LIST (CIRCULAR 570 AS AMENDED) AND BE AUTHORIZED TO TRANSACT BUSINESS IN THE STATE OF FLORIDA. 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond Bond No. SEIFSU0538109 KNOW ALL MEN BY THESE PRESENTS: that Ahrens Enterprises, Inc. d/b/a Ahrens Companies 1461 Kinetic Rd., Lake Park, FL 33403 (Here Insert full name and address or legal title of contractor) as Principal, hereinafter called Contractor, and, International Fidelity Insurance Company (Here insert full name and address or legal title of Surety) One Newark Center, 20th Floor, Newark, NJ 07102-5207 as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian 1225 Main St., Sebastian, FL 32958 (Here insert full name and address or legal iitte of Owner) as Obligee, hereinafter called Owner, in the amount of One Million Two Hundred Forty Seven Thousand One Hundred Two Dollars and 001100 Dollars ($1,247,102.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated December 16, 2010 , entered into a contract with Owner for (Here insert full name, address and description of projed) Sebastian Municipal Airport Hangar "B" Project Design Build Services in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal We of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - A1A FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 7 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS Obligation is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any, alteration or extension of time made by the Owner. Whenever .Contractor shall be, and declared by Owner to be In default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 17th Elizabeth Tanner defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth In the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under, the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. day of December, 2010 Ahrens Enterprises, Inc. d/b/a Ahrens Companies (Pdndpaq (Seaq rel e International Fidelity Insurance Company (SUMW (S01 Brett Rosenhaus MO) Attorney -in -Fact AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA ® �f FEBRUARY 1970 ED. 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 N. Y. AVE., N. W., WASHINGTON, D. C. 20006 G FRONT PAGE OF PUBLIC PAYMENT BOND, Florida Statute 255.05 BOND NO. SEIFSU0538109 CONTRACTOR: Ahrens Enterprises, Inc. d/b/a Ahrens Companies 1461 Kinetic Road Lake Park, FL 33403-1911 561-863-9004 SURETY: International Fidelity Insurance Company One Newark Center, 20th Floor Newark, NJ 07102 973-624-7200 AGENT: Nielson, Rosenhaus & Associates 4000 South 57th Avenue, Suite 201 Lake Worth, FL 33463 (561) 432-5550 OBLIGEE: City of Sebastian 1225 Main Street Sebastian, FL 32958 772-633-0151 PROJECT: Sebastian Municipal Airport Hangar "B" Project Design -Build Services THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. SEIFSU0538109 AIA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Ahrens Enterprises, Inc. d/b/a Ahrens Companies 1461 Kinetic Rd., Lake Park, FL 33403 (Here Insert full name and address or legal tine of Contractor) as Principal, hereinafter called Contractor, and, International Fidelity Insurance Company One Newark Center, 20th Floor, Newark, NJ 07102-5207 (Here Insert full name and address or legal tifle of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto City of Sebastian 1225 Main St., Sebastian, FL 32958 (Here Insert full name and address or legal bile of owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Million Two Hundred Forty Seven Thousand One Hundred Two Dollars and 001100 (Here Insert sum equal to at least one-half of the contract price) Dollars ($1,247,102.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated December 16, 2010 , entered into a contract with Owner for (Here Insert full name, address and description of project) Sebastian Municipal Airport Hangar "B" Project Design Build Services In accordance with Drawings and Specifications prepared by (Here Insert lull name and address or legal We of Architect) which contract is by reference made a -part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA ® 3 FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power. light. heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated. or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Signed and sealed this 17th day of December, 2010 Ahrens Enterprises, Inc. d/b/a Ahrens Companies (Principao (seaq J� (witness) V (Title) (witness) Elizabeth Tanner Intemational Fidelity Insurance Compan, (surety) (sea/) Brett Rosenhaus (Title) Attorney -in -Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA a 4, FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N. W., WASHINGTON, D. C. 20006 Tel (973) 624 7200 W. ER :OF AT l.:ORY 777 :INTERNATIONAL FIDELITY NSURANCE COMPANY HOME OFFICE: ONE NEWARKCENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW: ALL MEN BY THESE PRESENTS; That INTERNATIONAL FIDELITY INSURANCE COMPANY, a,,corporation organized and existing laws of the State of:New Jersey, and haying its principal office in the City of Newark, New Jersey, .does hereby constitute and appoint *JASON KATZ, BRETT ROSENHAUS. ... ..... .. ............ ............. ... ... ...................,..................................................................z x x x Lakeworth, FL. z -... .. ............... . ....... .......................... ............................................................................................................. .... ........> .. ......... ..... .... .......... ..... . . ............... ... .... ... ........... .... its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required orpermitted by law,. stature rule regulation, contract or otherwise therwi Afi and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTtRNATIONAL FIDELITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney+ is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings; contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attomey-in-fact and revoke the authority given. Further this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. DE1.1TY /NJ. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY c SEAL r" 1904STATE OF NEW JERSEY County of Essex �/ Secretary w. ~• J ( ~ ~ 1 ~ i I ~~~ r -Jy~ ~ ! -1\ 4 ~ µ~ 1'It~NfE ~~ PELItAt+l ISLAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 23 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 23 A) Contract Price Prior to this Change Order $1,062,097.58 Net Increase (Decrease) Resulting from this Change Order $ 4,638.26 New Contract Price Including this Change Order $1,066,735.84 B) Contract Time Prior to the Change Order (Number of Days) 221 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 221 days New Completion Date Including this Change Order June 10, 2009 AGREED: O PA Authorized Signature Approvals By City of Sebastian in accm•dance with Cude Sec. 2-i0 fcheck 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 ) er Project Manager Finance Director City Attorney C ~ Date: ~~ ~~ AT ES ~ ~J to budget Sally A. M o, MMC, City Clerk to legal /' Date: ~ 18 AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 23 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: AHRENS COMPANIES: PROJECT #: 08-000024 DATE: July 15, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 THE CONTRACT FOR THIS PROJECT WAS EXECUTED ON OR ABOUT OCTOBER 22, 2008. FIRE DISTRICT REVIEW DID NOT OCCUR UNTIL MID-JANUARY 2009 AT WHICH TIME THEY ADDED AN OIL/WATER SEPARATOR SENSOR ALARM. ALL OF AHRENS COMPANIES CONTRACTS FOR THE ASSOCIATED WORK HAD BEEN EXECUTED BY THAT TIME AND THE SENSOR ALARM SYSTEM WAS NOT IN ANY SUBCONTRACT. THE COSTS OF THE SENSOR, THAT HAS NOW BEEN INSTALLED (JULY 2009), IS AS FOLLOWS PER ATTACHED: 1 H/D SUPPLY: 2 DELTA FIRE SPRINKLERS: 3 EDISON ELECTRIC: 4 PROJECT MANAGER - 2 HOURS @ $82.00/HOUR: 5 PROJECT SUPERINTENDENT - 2 HOURS @ $59.00/HOUR: 6 PROJECT ADMINISTRATOR - 2 HOURS @ $38.00/HOUR: SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: REQUIREMENT OF FIRE DISTRICT C, RICHARD C. AHRENS CEO $ 1,412.23 $ 1,391.00 $ 748.00 $ 164.00 $ 118.00 $ 76.00 $ 3,909.23 $ 44.96 $ 3,954.19 $ 593.13 $ 4,547.31 $ 90.95 $ 4,638.26 DATE: JULY 15, 2009 DATE: ~ /~ y' /O ~~ 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#23.XLS Architect License # AA26000694 I' t ~ ' ~~ ~--_ ~ `~' HOMY Ol: PELICIW I5tAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 22 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 22 A) Contract Price Prior to this Change Order $1,059,497.58 Net Increase (Decrease) Resulting from this Change Order $ 2,600.00 New Contract Price Including this Change Order $1,062,097.58 B) Contract Time Prior to the Change Order (Number of Days) 219 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 221 days New Completion Date Including this Change Order June 10, 2009 AGREED: C MP NY /~ Authorized Signature Approv^Is 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 (tgeyRing date ) Project l Finance City Atti ATT S / ,/ to budget Sally A. Ma , MMC, City Clerk to legal F SEBASTIAN: ,~ Date: G 7 ~~ z AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 22 PROJECT #: 08-000024 DATE: June 5, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: AS PER MEETING ON TUESDAY, JUNE 2nd, THE FOLLOWING CHANGES TO THE CONTRACT ARE BEING MADE. VOID CREDIT GIVEN ON CHANGE ORDER #7 FOR ONE (1) STANDARD MANHOLE: $ (SEE ATTACHED E-MAIL TO JOE GRIFFIN) ADDITIONAL CREDIT FOR LANDSCAPING CHANGES MADE ON PLANS DATED APRIL 2, 2009: $ TOTAL COST OF THIS PROPOSAL: $ ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: AGREEMENT MADE AT MEETING ON 6/2/09 AHRENS COMPANIES: (CHARD C. AHRENS CEO DATE: JUNE 5, 2009 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER #22.XLS Architect License # AA26000694 3,100.00 (500.00) 2,600.00 DATE: ~/~/o i f tlt4 OF ~~ ~~_ HOM>r Oi PEJ.IGN 15LAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 21 PROJECT NAME: Airport Hanger A PURCHASE ORDER # 5918 FY09 PROJECT #: C5505 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 21 A) Contract Price Prior to this Change Order $1,056,936.50 Net Increase (Decrease) Resulting from this Change Order $ 2,561.08 New Contract Price Including this Change Order $1,059,497.58 B) Contract Time Prior to the Change Order (Number of Days) 219 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 221 days New Completion Date Including this Change Order June 10, 2009 AGREED: OMPA C , ~ Date: ~, ~ ~ v l Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: 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 ~ (mee~ng date ) Manager Finance Director City Attorney AT ^ (/,l/~ to budget Sally A. Maio, MMC, City Clerk to legal d lAl\: ~~ Date• ~ Q/ ~ . 1 AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 21 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: PROJECT #: 08-000024 DATE: May 27, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 1 DEDUCT ONE HUNDRED TWENTY-SIX (126) VIBURNAM @ $7.50/EACH: $ 2 LANDSCAPE CONTRACTOR INSTALLED 10,500 SF OF FLORITAM SOD ONTO THE PROJECT AT OWNER'S DIRECTION. CREDIT CHANGE ORDER FOR PLANT REDUCTIONS INCLUDED A REDUCTION OF BAHIA SOD FROM THE BASE CONTRACT OF $1,615.00. INSTALLATION OF SOD, REGARDLESS OF TYPE/SPEC IES WOULD BE A CHANGE ORDER SINCE THE AREA WAS UNDEFINED. FLORITAM SOD COSTS $0.27 PER SF. THIS CHANGE ORDER IS FOR 10,500 SF @ $0.27/SF: $ THERE WILL BE ANOTHER SOD CHANGE ORDER COMING TO COMPLETE THE SOD IN THE SWALE AT THE END OF THE LARGE RETENTION POND. 3 PROJECT MANAGER - 1 HOUR @ $82.00/HOUR: $ 4 PROJECT ADMINISTRATOR - 1 HOUR @ $38.00/HOUR: $ SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE SUBTOTAL LESS CREDIT: TOTAL COST OF THIS PROPOSAL: ADDITIONAL I INIE: 2 WORKING DAYS JUSTIFICATION: OWNER DIRECTED CHANGE IN SOD TYPE/SPECIES AHRENS COMPANIES: C, RICHARD C. AHRENS CEO DATE: MAY 27, 2009 $ 2,988.98 $ 448.35 $ 3,437.33 $ 68.75 $ 3,506.08 $ (945.00) $ 2,561.08 O NER' ACCEPTANCE: DATE: `~Z'~~J 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#21.XLS Architect License # AA26000694 (s=~s.~c) 2,835.00 82.00 38.00 2,955.00 33.98 _ _ _ _ _ _~ -. ... u~a~~C . . -~~=~~~ BUS11C0 inc. 439 Franklyn Ave. lndialantic, FL 32903 1321) 768-1189 ocl - /CO-UUb~- p. C InvO~CE NO. DATE t~ PHONE NUMBER YOVR D, O. NUMBER TERMS SNIP VIA a=oe SALESMAN e QTY, UNIT QESCRIPTION UNIT AMOUNT PRISE La~,~x~°~.~ AS LN.d,vS.; c~~~~ ~ I ~ lS,~~c x. w i~ ~~.~ c~s~~ ~G 4'~ k~~ ; rte C~;~a~.~ ~s ~ .,~ 5~.~ ~~•~`7L~J ~-tom. ~ o~~~A>H ~:,~ AS y~~.~ri Fd~ ~•~ ~'r'~+~4. "7 2~~'oc; ~~ ~b ~: ,, ` ~ `` ..~~ V ;~_ ... ~ ~~~- ~ ~ nS~w ~' .~~ ~, ~ S~ ~ ~ ~ PLEASE PA FfiOIY! THIS INVOICE y~g TOTAL TAX TaTAL ~ ~7~ tL _ tYir! flt ~ ,, _,_ ``LY H{3iYtE OF PELICAN 15LA[dD CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 20 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 20 A) Contract Price Prior to this Change Order $1,044,225.50 Net Increase (Decrease) Resulting from this Change Order $ 12,711.00 New Contract Price Including this Change Order $1,056,936.50 B) Contract Time Prior to the Change Order (Number of Days) 213 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 6 days TOTAL (Number of Days) 219 days New Completion Date Including this Change Order June 8, 2009 AGREED: C MANY Authorized Signature approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one): X City Manager Authorization -cumulative amount less than IS% 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 (meetir)~ date ) TIAN: ` _~ Date: '6 Ia ~~ Project Manager/~ ~~'- I /~ Finance Directof l 'W ~ ` City Attorney ~/~ -" as to budget f (~'L Sally A. Maio, MMC, City Clerk _as to legal U .4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 20 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 AHRENS COMPANIES COSTS PER THE VARIOUS EMAILS THAT DESCRIBE THE SCOPE AND COSTS FOR THE NEW CANOPY: $ 12,711.00 TOTAL CREDIT: $ 12,711.00 ADDITIONAL TIME: 6 WORKING DAYS JUSTIFICATION: OWNER REQUESTED ADDITION AHRENS COMPANIES: RICHARD C. AHRENS CEO DATE: MAY 15, 2009 DATE: ~/~~~~ PLEASE RETURN A SIGNED COPY BY FAX WITHIN TVJO (2) DAYS AND (NAIL THE ORIGINAL 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER #19.XLS Architect License # AA26000694 PROJECT #: 08-000024 DATE: May 15, 2009 Page 1 of 3 Joseph Griffin From: Greg Celentano [GregCelentano@ahrenscompanies.com] Sent: Tuesday, May 05, 2009 6:01 PM To: Joseph Griffin Cc: Richard Ahrens; Allan Ball Subject: RE: Sebastian Walkway Canopy Joe, Thank you for the additional work. The following information shall serve as "back-up" to our Change Order for this walkway canopy. The steel building, including freight, is to be paid for directly by the City of Sebastian to Dean Steel Buildings and will not be part of our scope of work. The Dean Steel Buildings contact info is as follows: Val Guerrero (male) 2929 Industrial Avenue Fort Meyers, FL 33901 (o) 239-334-1051 x 114 (c) 239-633-9105 e: deanfmy~a deansteelbuildings.com Our price ($ 12,711.00) includes the following: 1. Unload canopy material. 2. Complete erection of canopy per Dean Steel Building drawings. 3. Paint exposed steel with one (1) coat Sherwin Williams Industrial Enamel or approved substitute. 4. Provide complete foundation plan and details as required for sidewalk and footings. 5. Existing sidewalk demolition adjacent to Admin. building is excluded. 6. Any required site preparation is excluded. 7. All concrete work is excluded, including reinforcement and concrete column piers . 8. Anchor bolts supply and installation excluded (we shall help coordinate sizes, locations and field verify placement}. 9. No lighting included. 10. No gutters or downspouts included. As per our phone conversation today, we have confirmed the following (which is now part of this scope of work): 1. The canopy will be level and the base plates will all be at the same elevation. Since the admin. building sits approx. 16 inches higher than the hangar, the base plates will be set on concrete piers that gradually get deeper as you move toward the hangar to make up the grade differential. The first pier near the Admin. side will only be a couple of inches high to keep the base plates above grade. Our foundation plans will show all pier details and elevations. The top of all piers shall be at the same elevation. 2. Adjacent to the Admin. building, we shall keep the canopy free-standing and we will minimize the gap between the canopy and the building to within 6 inches maximum. The two structures are skewed and the Admin. building has a recess which makes a watertight transition unfeasible. There will be no connection between the two structures. 3. Adjacent to the new hangar building, the canopy shall come within a couple of inches of the building downspout and be flashed as necessary for close the gap between the two structures. There will be no structural connection. We shall provide aroof-to-wall transition flashing up against the existing wall panel with a closure 5/18/2009 ~, Page 2 of 3 seal. We shall flash around the downspout as tight as possible, but cannot guarantee weather tightness. The two structures are not perfectly square with one another, so the flashing detail will be slightly skewed. 4. We shall field verify the exact length required based on the above information. 5. The canopy length shall be divided into four equal bays. 6. The canopy width shall be six feet, therefore the sidewalk width shall also be six feet. 7. We shall confirm there is no conflict with the existing gas main. 8. The canopy shall be designed as an "open structure" and shall meet the same wind loads as the hangar (135 mph, Exposure C, 1.0 Importance Factor). 9. The canopy shall have a 9'-6" high peak from base plate with a 3 on 12 roof slope. Minimum clear height shall be 8'-0" above base plate. The roof panels shall be similar to the hangar roof panels in gauge and color (26 gauge galvalume). Please let me know if you have any questions based on the above information. I will proceed with the design based on the above scope unless I hear otherwise. Once a floor plan, elevations and section are created, we will submit them for your review and approval prior to completing the engineering of the building. Thank you for your business. Sincerely, Greg Celentano Vice President Ahrens Companies 1461 Kinetic Road Lake Park, Florida 33403-191 1 Office: (561) 863-9004 Fax: (561) 863-9007 Cell: (561) 718-9961 From: Joseph Griffin [mailto:JGriffin@CityOfSebastian.org] Sent: Tuesday, May 05, 2009 12:43 PM To: Greg Celentano Cc: Alfred Minner Subject: RE: Sebastian Walkway Canopy Greg---Your proposal has been approved by the city attorney and city manager. Therefore, consider this mail as a 'notice to proceed' on the walkway project. It is understood that the city will receive a change order for $12,711 (total) from Ahrens. Also, the city will pay to Dean steel Buildings, $6,779 that represents the tax-free cost of the structure (includes freight). Please send me Dean's contact numbers. Please forward plans so I may deliver to our concrete contractor. Joe Griffin -----Original Message----- From: Greg Celentano [mailto:GregCelentano@ahrenscompanies.com] Sent: Monday, April 27, 2009 3:23 PM 5/18/2009 ". , .. To: Joseph Griffin Cc: Richard Ahrens Subject: Sebastian Walkway Canopy Joe, The metal building price, excluding tax but including freight, is $ 6,779.00. Painting of steel: $ 750.00 Balance of Proposal for erection, supervision, etc: $ 11,961.00 TOTAL: $ 19,490.00 Page 3 of 3 The total price per our original proposal remains the same. Your direct payment of $ 6,779 to Dean Steel Buildings will cover the building price delivered, including freight, excluding tax as discussed. The painting cost is a little higher than the tax savings offset, but we will absorb the difference into our price since we like you so much. Our change order shall be $ 12,711, which includes the painting and the design for the foundation as well as everything else stipulated in the cost breakdown you received from me on Wednesday. have confirmed with Dean Steel Buildings that we can make the timeframe you have requested. This canopy can be delivered, erected and painted in time for the June 6 grand opening, but we would have to act quickly so we do not lose any more time. Please let me know if you need anything else and thank you for your cooperation. Sincerely, Greg Celentano Vice President Ahrens Companies 1461 Kinetic Road Lake Park, Florida 33403-191 1 Office: (561) 863-9004 Fax: (561) 863-9007 Cell: (561) 718-9961 5/18/2009 tYtY Ot _s . ~ ~, ~~ HOME O~ rdLiC111~1 15i,AND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 19 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 19 A) Contract Price Prior to this Change Order $1,043,783.50 Net Increase (Decrease) Resulting from this Change Order $ 442.00 New Contract Price Including this Change Order $1,044,225.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 1 days TOTAL (Number of Days) 213 days New Completion Date Including this Change Order June 2, 2009 AGREED: C MAN C ~ Date: ~) Z1' ~, 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 _ (megtjng date E T: ~~~~~~~ Cm C u C~ C,lerk Finance City Att s to budget Ily A. Maio, MMC, City Clerk as to legal 5 -8~a'J ---. Date• ~AHRENS /I^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 19 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 ADD VINYL BASE IN THE SANDING ROOM AS DIRECTED BY OWNER: $ 404.00 PROJECT ADMINISTRATOR - 1 HOUR @ $38.00/HOUR: $ 38.00 TOTAL CREDIT: $ 442.00 ADDITIONAL TIME: 1 WORKING DAYS JUSTIFICATION: AS DIRECTED BY OWNER AHRENS COMPANIES: C, RICHARD C. AHRENS CEO DATE: MAY 15, 2009 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 # CB0006515 CO TO OWNER#19.XLS Architect License # AA26000694 PROJECT #: 08-000024 DATE: May 15, 2009 DATE: ~~ ~` 1 ~~' , ~ ~~ n._ HOME OF T'lI.ICAN I5L1tNl) CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 18 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 18 A) Contract Price Prior to this Change Order $1,049,105.50 Net Increase (Decrease) Resulting from this Change Order $ (5,322) New Contract Price Including this Change Order $1,043,783.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 I ~ ~ ate: ~~ I OR Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one1: 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 AT T: ~ ~i to budget Sally A. ~o, MMC, City Clerk to legal ,, .4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 18 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 AIR COMPRESSOR SYSTEM CONTRACT ALLOWANCE REDUCTION DUE TO THE WORK BEING CONTRACTED AFTER REVIEW WITH LOPRESTI SPEEDMERCHANTS, DAN LYNCH. ($15,000.00 - $9,320.00 = $5,680.00) $ (5,680.00) PROJECT MANAGER - 2 HOURS @ $82.00/HOUR: $ 164.00 PROJECT SUPERINTENDENT - 2 HOURS @ $59.00/HOUR: $ 118.00 PROJECT ADMINISTRATOR - 2 HOURS @ $38.00/HOUR: $ 76.00 TOTAL CREDIT: $ (5,322.00) ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: COST OF BASE WORK LESS THE ALLOWANCE AHRENS COMPANIES: RICHARD C. AHRENS CEO DATE: APRIL 20, 2009 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 # CB0006515 CO TO OWNER#18.XLS Architect License # AA26000694 PROJECT #: 08-000024 DATE: April 20, 2009 DATE: q' /~. ~ /~ tY11! Ot ~, r f , 1 „~ HoIN[E of plucwly rsutrtu CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 17 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 17 A) Contract Price Prior to this Change Order $1,046,657.50 Net Increase (Decrease) Resulting from this Change Order $ 2,448 New Contract Price Including this Change Order $1,049,105.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: C MPANY .~~o~ uthorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-YO (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 (rryeetigg date ) Project Manager Finance Director'Y City Attorney AT S n! \ to budget Sally A. M o, MMC, City Clerk to legal i iHiv: "+ Date: ~~~~ ~AHRENS /.~^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 17 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 PROJECT #: 08-000024 DATE: April 20, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: PER THE AGREEMENT BETWEEN GREG CELENTANO AND JOSEPH GRIFFIN, THREE PARTIES WILL SHARE IN THE COST TO PROVIDE THE OIL/WATER SEPERATOR EXTENSION COLLAR TO BE PROVIDED AND INSTALLED BY PARMENTER EXCAVATING. CITY OF SEBASTIAN SHARE: SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAYS 2,400.00 $ 2,400.00 $ - $ 2,400.00 $ - $ 2,400.00 $ 48.00 $ 2,448.00 JUSTIFICATION: THE LPA GROUP PLANS AND DETAILS WERE DEFICIENT IN ITS DIRECTIVE TO HAVE A PROPER "C" DIMENSION IDENTIFIED ABOVE THE ACTUAL ONV SEPERATOR UNIT. NO ONE PICKED UP ON THIS OVERSIGHT OF DETAILIDIRECTIVE. AHRENS COMPANIES: ~~ ICHARD C. AHRENS CEO DATE: APRIL 20, 2009 OW ER'S CEPTANCE: DATE: Z 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 # CB0006515 CO TO OWNER#17.XLS Architect License # AA26000694 ~~ HOME OF 1'~I.ICAIV 15IAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 16 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 $1,049,683.50 Net Increase (Decrease) Resulting from this Change Order $ (3,026) New Contract Price Including this Change Order $1,046,657.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: CO P NY ate: --~C(I~~ Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (checl: 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 AT ES ~~ is to budget Sally A. Ma' , MMC, City Clerk as to legal _ ~c , AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 16 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: PROJECT #: 08-000024 DATE: April 16, 2009 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 REDUCE THE LANDSCAPING PER THE CITY OF SEBASTIAN PLANS DATED APRIL 2, 2009. PRICE REDUCTION FROM THE BASE CONTRACT: THE TREES WILL BE PLANTED WITH A POTTING SOIL IN THE ROAD ROCK PER THE CITY OF SEBASTIAN DIRECTIVES. THERE WILL BE NO GUARANTEE THAT THESE NEW PLANTS CAN SURVIVE UNDER THAT DIRECTED CONDITION. IRRIGATION WILL BE SUPPLIED TO THOSE LOCATIONS. TOTAL CREDIT: ADDITIONAL TIME JUSTIFICATION 0 WORKING DAYS DIRECTED BY THE CITY OF SEBASTIAN AHRENS COMPANIES: IC ARD C. AHRENS CEO DATE: APRIL 16, 2009 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 # CB0006515 CO TO OWNER#16.XLS Architect License # AA26000694 (3,026.00) (3,026.00) DATE: "~ l2'~ ! ~ J ~ , ~. . ~~ ~~ ~~~ ~~~ a ~.~ . ~~ HoI~ of r~.trrw is~xrln CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 15 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 $1,054,683.50 Net Increase (Decrease) Resulting from this Change Order $ (5,000.00) New Contract Price Including this Change Order $1,049,683.50 B) Contract Time Prior to the Change Order (Number of Days) 212 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: O PA 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 / (meel~ng date ) Manager Finance Director City Attorney C ~ Date:~~~l~~ A'P'1~ T: - i ~ budget Sa11y A. aio, MMC, City Clerk to legal ~h~.. ~-~ Date: ~ ~~ ~~ t ~AHRENS //^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 15 PROJECT #: 08-000024 DATE: February 11, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: CRECIT TO RETURN FPL ALLOVb'ANCE LINE ITE!~1. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS $ (5,000.00) JUSTIFICATION: OWNER HAS HIRED OUT THIS WORK BETWEEN FPL DIRECTLY OR THROUGH ANOTHER DIRECTIONAL BORE CONTRACTOR. AHRENS COMPANIES: ~• RICHARD C. AHRENS CEO DATE: MARCH 16, 2009 DATE: ~~~3/0~ 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 # CB0006515 CO TO OWNER#15.XLS Architect License # AA26000694 ~ « ~~ ~_ - ~ FIOME C-F PELICAN VIStANb CITY OF SEBASTIAN CHANGE ORDER to budget to legal CHANGE ORDER #: 14 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 Revised (2) A) Contract Price Prior to this Change Order $1,052,395.50 Net Increase (Decrease) Resulting from this Change Order $ 2,288.00 New Contract Price Including this Change Order $1,054,683.50 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 212 days New Completion Date Including this Change Order June 1, 2009 AGREED: AN Date: Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization -cumulative amount exceeds IS% of contract price or $15,000 single change order (meeting date ) ATT S Sally A. Maio, MMC, City Clerk LIAR-20-2009 FRI 11:34 AM AHRENS COMPANIES INC. FAX N0. 5618639007 ~. t , P, 02 ~~~~~~ %` COM'PANlES ._ __. ~. . .... ... GENERAL CONTRACTOR'S CHANGE ORDER TO 01AINER CHANGE ORDER NUMSER.14 REVISED (2) PROJECT#: 08-000024 DATE; March 20, 2009 PRQJECT; SEBASTIAN MUNICIPAL, OWNER; CITY OF SEBASTIAN AIRPORT NANGAl~ A 202 AIRPORT DRIVE, EAST 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: WHEN CHANGE QRDER #7 WAS PUT TOGETHER, THERE WERE SOME MISSING COMPONENTS THAT THE SUBCONTRACTORS DID NOT PRESENT WHEN THEY SHOULD HAVE. PARMI=NTER GAVE BACK A LARGE CREDIT FOR THE DRAINAGE CATEGORY aND THEN ADDED BACK THE NEW LPA GRauP REVIsIONS. THEY DID NOT INCLUDE THE REVISION OF THE ROOF DRAINAGE PIPING THAT INCREASED IN SIZE ON THE DISCHARGE LENGTH TO e" ADS PIPING, THEY CARRIED ONLY THE 6"ADS PIPING FOR THE ENTIRE LENGTH. THIS OMISSION IS FOR THE CHANGE " TO 8 ADS PIPING: EDISON ELECTRIC DID NOT PRICE OUT THE ELECTRICAL CHANGES FROM THE $1,603.00 LPA GROUP PLAN REVISIONS UNTIL ALL OF THE PLAN REVISIONS WERE ISSUED (APPROXIMATELY JANUARY 23, 2009). THE REVISIONS ARE FOR ADp1TIONAL CONDUIT AND WIRING FOIE THE REVISED PLACEMENT OF THE OIUWATER SEPARATOR AND THE FINAL PLACEMENT OF THE FPL TRANSFORMER. ADD 130' OF CONDUIT AND WIRING DUE TO THE OIL/WATER SEPARATOR LOCATION CHANGE; $685 Oo PROJECT MANAGER (2 HOURS @ $82.00/HOUR); . $0 00 PRQJECT SUPERINTENDENT (2 HOURS @ $59.00/HOUR): . $0 00 PRQJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) . $0.00 SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2°/a BOND FEE TaTAL. CAST QlF THIS PROPQSAL: ADDITfONAL TIME; 2 wQRKING DAYS JUSTfFICATION: LPA GROUPAND FIBER ONE REVISIONS AHRENS COMPANIES: ~~ RICHARD C. AHRENS eEo $2,288.00 $o.ao $2,2$~,aa $o.oo $2, 288.00 X0.00 $2,288.00 'ACCEPTANCE: DATE; MARCH 20, 2009 Ci47E: 3 i4GT Kinetic Road, Lake f'arl<, FL 33403-19ii Olfice (S61) 8b3-9004 Fax (SFii) 8[i3-9007 Contractor License tf CQC0065ia CO TD OWNfR #14REVISEf],XLS Architect License # AA? ~oao~~4 a ~r t71Y 01 ,.,~ ~,, ~_ ; t~on~ ol: e~ tst~lra CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 13 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 13 A) Contract Price Prior to this Change Order $1,047,208.00 Net Increase (Decrease) Resulting from this Change Order $ 5,187.50 New Contract Price Including this Change Order $1,052,395.50 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 -- ; -- -- ~ C.~~~!M~l-y-- Date: d y G~ Authorized Signature ~ni n ,,,~~s_ 7F'- Aparovals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order _ ity Counci Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order ~(meetin~~ate,~ ) Date: Z ! Z~f ~9 ect l Finance City Att. A E ~ ~~ to budget Sally A. aio, MMC, City Clerk to legal AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 13 PROJECT #: 08-000024 DATE: February 11, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: BREAKDOWN FOR THE AUTOMATIC SOLENOID VALVE FOR THE DIVERTING FIRE SPRINKLER WATER DISCHARGE. 134-05A SOLENOID FIRE DELUGE VALVE: X105LCW LIMIT SWITCH: 4" UNI-FLANGE: FREIGHT: SALES TAX: PARMENTER LABOR/OVERHEAD & PROFIT: AHRENS COMPANIES MARK-UP: LESS OPTION "B" VALUE: VALVE VALUE WAS DELETED FROM CHANGE ORDER #7 WITH IT'S ASSOCIATED MARK-UP. THIS CHANGE ORDER ADD BACK THAT COST TO THE VALVE COST. TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 0 WORKING DAYS AHRENS COMPANIES: C ~ .~---- RICHARD C. AHRENS CEO DATE: FEBRUARY 11, 2009 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 # CB0006515 CO TO OWNER#13.XLS Architect License # AR0010650 $ 2,288.25 $ 387.20 $ 150.00 $ 350.00 $ 190.52 $ 1,642.03 $ 954.50 $ (775.00) $ 5,187.50 DATE: ~~'~~~ J -r fITY OF ~~ . T NOME tN PEt,1CAIV 15IANb CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 12 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 12 A) Contract Price Prior to this Change Order $1,072,084.00 Net Increase (Decrease) Resulting from this Change Order $ (24,876.00) New Contract Price Including this Change Order $1,047,208.00 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 AGREED: C A Y Date: ~ c3 ~ d 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 ATT T: to budget Sally A. Maio, MMC, City Clerk to legal AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 12 PROJECT #: 08-000024 DATE: February 11, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DELETE THE WALKWAY CANOPY AND ASSOCIATED SIDEWALKS AND CONCRETE FOOTINGS. DELETE CANOPY: DELETE SIDEWALKS AND FOOTERS: ADMINISTRATIVE COSTS TO AFFECT THIS CHANGE: PROJECT MANAGER - 3 HOURS @ $82.00/HOUR: PROJECT ADMINISTRATOR - 2 HOURS @ $38.00/HOUR: TOTAL CREDIT: ADDITIONAL TIME JUSTIFICATION 0 WORKING DAYS $ (23,075.00) $ (2,123.00) $ 246.00 $ 76.00 $ (24,876.00) OWNER HAS DELETED THIS ELEMENT FROM THE CONTRACT AHRENS COMPANIES: ~~ RICHARD C. AHRENS CEO DATE: FEBRUARY 11, 2009 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 # CB0006515 CO TO OWNER#12.XLS Architect License # AR0010650 DATE: L~ J/~~ -~ ~~ ~~ I~I011AE t?F PF.LtCAN tst~i) CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 11 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 11 REJECTED ATT ST• n/ ` I ` ~s to budget Sally A. Maio, MMC, City Clerk as to legal A) Contract Price Prior to this Change Order $1,072,084.00 Net Increase (Decrease) Resulting from this Change Order $ -0- New Contract Price Including this Change Order $1,072,084.00 B) Contract Time Prior to the Change Order (Number of Days) 210 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 AGREED: P Y ~ '.` r Date: d-7 O Authorized Signature~l~~~~. Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check onel: 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 .. ~ AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 11 PROJECT #: 08-000024 DATE: January 23, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: EXTEND THE WALKWAY CANOPY AND THE SIDEWALK DUE TO MOVING THE BUILDING 12' TO THE SOUTH PER PREVIOUS DISCUSSIONS AND DIRECTIVES TO LPA GROUP AND AHRENS COMPANIES. PERFECTION ARCHITECTURAL SYSTEMS: OGDEN BROTHERS CONSTRUCTION: PROJECT MANAGER (4 HOURS @ $82.00/HOUR): PROJECT SUPERINTENDENT (2 HOURS @ $59.00/HOUR): PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: $ 3,475.00 $ 1,513.00 $ 246.00 $ 118.00 $ 16.00 $ 5,428.00 $ 62.42 $ 5,490.42. $ 823.56 $ 0,313.99 $ 126.28 $ 6,440.27 ADDITIONAL TIME: 3 WORKING DAYS JUSTIFICATION: LPA GROUP RELOCATED THE BUILDING 12' TO THE SOUTH "THAT REQUIRED THE CANOPY TO BE EXTENDED AND CONCRETE FOOTERS ADDED. AHRENS COMPANIES: OWNEffPS A ANCE: ~,~J~~%' ` D~ ~~ RICHARD C. AHRENS CEO DATE: JANUARY 23, 2009 DATE: Z ~ l O 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 # CB0006515 CO TO OWNER#11.XLS Architect License # AA26000694 ~ {~ ~~ ~~ . ~. HOME f)F PEIICAN IStAND CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 10 PROJECT NAME: Airport Hanger A PURCHASE ORDER # 5918 FY09 PROJECT #: C5505 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 10 A) Contract Price Prior to this Change Order $1,038,863.48 Net Increase (Decrease) Resulting from this Change Order $ 33,220.52 New Contract Price Including this Change Order $1,072,084.00 B) Contract Time Prior to the Change Order (Number of Days) 205 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 5 days TOTAL (Number of Days) 210 days New Completion Date Including this Change Order May 30, 2009 CU Y NY l~~l/i Date: ~ 7 V Authorized Signature ,th, n .~,1. ~ f 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 (mee i date ) C O ASTIAN: Date: 2" ~ 9 0 9 Project l Finance City Attu ATT ST• L ~ ~ ~' to budget Sally A. Maio, MMC, City Clerk to legal • . AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 10 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: DELTA FIRE SPRINKLER PIPING AND SPRINKLER HEADS REVISIONS: $ 27,500.00 PROJECT MANAGER (4 HOURS @ $82.00/HOUR): $ 246.00 ESTIMATOR (3 HOURS @ $59.00/HOUR): $ 177.00 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) $ 76.00 (CREDIT GIVEN ON CHANGE ORDER #2 FOR THE INTUMESCENT COATING) PLEASE NOTE: DESIGN/C E WILL ESENTED R A P GE ORDER WITH OTHER P JECT CHAN SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 5 WORKING DAYS JUSTIFICATION: CITY REQUEST AHRENS COMPANIES: ~' RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 $ 27,999.00 $ 321.99 $ 28,320.99 $ 4,248.15 $ 32,569.14 $ 651.38 $ 33,220.52 OWNER'S ACCEPTANCE: DATE: /~ ~ ~ ~ ` PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAI THE INAL 1461 Kinetic Road, Lake Park, FL 33403-191 Z~l~ld9' Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#10.XLS Architect License # AA26000694 cln of 4 ~~ ~~ .. Holtil>r of PELIGAI Isl~wn CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 9 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 $1,033,805.48 Net Increase (Decrease) Resulting from this Change Order $ 5,058.00 New Contract Price Including this Change Order $1,038,863.48 B) Contract Time Prior to the Change Order (Number of Days) 202 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 3 days TOTAL (Number of Days) 205 days New Completion Date Including this Change Order May 25, 2009 Authorized Signature ay ~y 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 Counci~~ Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order ~eetipe,Aate ) Date: Z ~9~~~ /~yyn~{ruago~ Project Manager Finance Director \ l ~ as to budget City Attorney as to legal ATT ---= Sally A. Maio, MMC, City Clerk ~~~ .4HRENS~ ~ /I^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 09 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: ADD TWO (2) WIND LOAD RATED ULTRA DOORS AT LOCATION G4 AND C1 FROM THE BASE PLAN OF SEPTEMBER 3, 2008. UNITED STRUCTURES OF AMERICA (USA): $ 2,444.50 CONCRETE SLAB: $ 148.50 EXTERIOR LIGHT: $ 376.00 ADD HOLLOW METAL DOOR FOR THE WATER HEATER ENCLOSURE IN THE BREAK AREA (DOOR, FRAME, HARDWARE AND INSTALLATION): $ 700.00 PROJECT MANAGER (2 HOURS @ $82.00/HOUR): $ 164.00 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR): $ 76.00 ESTIMATOR (6 HOURS @ $59.00/HOUR): $ 354.00 PLEASE NOTE: DESIGN/CAD TIME WILL BE PRESENTED UNDER A SEPARATE CHANGE ORDER WITH THE OTHER PROJECT CHANGES. SUBTOTAL $ 4,263.00 1.15% INSURANCE FEE: $ 49.02 SUBTOTAL $ 4,312.02 15% OVERHEAD $ 646.80 SUBTOTAL $ 4,958.83 2% BOND FEE $ 99.18 TOTAL COST OF THIS PROPOSAL: $ 5,058.00 ADDITIONAL TIME: 3 WORKING DAYS JUSTIFICATION: AS DIRECTED BY PLAN REVIEW AHRENS COMPANIES: c. RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 OWNER'S ACCEPTANCE: DATE: . / ~ O o 1461 Kinetic Road, Lake Park, FL 33403-191 Office (561) 863-9004 Fax (561) 863-900? Contractor License # CB0006515 CO TO OWNER#9.XLS Architect License # AA26000694 Y t• ~/~ {~ ~ ': ~.. I ~~-1 HU1NtE OF PEt,iUW iStllNb CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 8 PROJECT NAME: Airport Hanger A PURCHASE ORDER # 5918 FY09 PROJECT #: C5505 CONTRACTOR: Ahrens Enterprises, Inc. PHONE #: 561-863-9004 ADDRESS: 1461 Kinetic Rd. CONTRACT NAME: Sebastian Municipal Airport Lake Park, FL 33403 Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 08 A) Contract Price Prior to this Change Order $1,200,480.68 Net Increase (Decrease) Resulting from this Change Order $ (166,675.20) New Contract Price Including this Change Order $1,033,805.48 B) Contract Time Prior to the Change Order (Number of Days) 202 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 202 days New Completion Date Including this Change Order May 22, 2009 AGREED: O P Y Date: d ~ C) ~' Authorized Signature Approvals By City of Sebastian in accordance with Code Sec. 2-10 (check one): X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order (meetin~ date ) Date: Z ~~~~ to budget to legal ATT S ~~ Sally A. M o, MMC, City Clerk GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 08 PROJECT #: 08-000024 DATE: February 10, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: THE CITY OF SEBASTIAN HAS REQUESTED THAT THEY PAY UNITED STRUCTURES OF AMERICA (USA) DIRECTLY IN ORDER TO TAKE ADVANTAGE OF THEIR TAX EXEMPTION STATUS. USA HAS AGREED TO THIS CONDITION AND THE CITY OF SEBASTIAN MUST SIGN THEIR CONTRACT DOCUMENTS. WITH THIS ACTION, AHRENS COMPANIES GIVES CREDIT FOR THIS LINE ITEM (SEE ATTACHED USA BILL TO AHRENS COMPANIES). SEE ATTACHED USA CONTRACT TO CITY OF SEBASTIAN. ADMINISTRATIVE COSTS TO AFFECT THIS CHANGE: PROJECT MANAGER - 8 HOURS @ $82.00/HOUR: PROJECT ADMINISTRATOR - 3 HOURS @ $38.00/HOUR: TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: OWNER REQUESTED ACTION AHRENS COMPANIES: r RICHARD C. AHRENS CEO DATE: FEBRUARY 10, 2009 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 # CB0006515 CO TO OWNER#B.XLS Architect License # AR0010650 $ (167,445.20) $ 656.00 $ 114.00 $ (166,675.20) DATE: `~ ~~ ~~ ra ~' ;'. `~ x ; f ~~. ~`~° tiOM)r Ol~ PELiCAIV IStMID CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: See attached Ahrens Companies Change Order #: 7 Revised a~ rnntract Price Prior to this Change Order $1,188,639.22 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) $ 11,841.46 $1,200,480.68 200 days 2 days 202 days New Completion Date Including this Change Order May 22, 2009 Authorized Signature Date: ~ d- 7 ~ A royals 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~ date ) to budget to legal ATT+ ~~ Sally A. Ma' , MMC, City Clerk AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 7 REVISED PROJECT #: 08-000024 February 10, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 REVISIONS ASSOCIATED WITH THE RELOCATION OF THE BUILDING AND THE DECISIONS THAT REVISED THE TRENCH DRAIN SYSTEM AND ITS VARIOUS COMPONENTS. (REVISED AHRENS COMPANIES PLAN 501 AND ALL BASE REVISIONS RELATED TO SIDEWALK CHANGES AND LPA GROUP PLANS OF JANUARY 23, 2009). THIS ALSO INCLUDED ALL DESIGN MODIFICATIONS RELATED TO RE-ROUTING FPL, ATT, WATER AND SEWER LINES AS IT RELATED TO OUR PLANS PLUS REQUIRED REVISIONS FROM THE FIRE DEPARTMENT. THESE FIGURES ARE INTER-RELATED TO THE CONTRACT PROPOSAL "TRENCH DRAIN"/MISCELLANEOUS REVISION "B" OF SEPTEMBER 18, 2008. OPTION "B" -LOADED SUMMARY IN CONTRACT: $38,970.00. SUBCONTRACTOR LINE ITEM BUDGET FOR EACH LINE OF OPTION "B": $34,860.00. ADDITIONS AND DELETIONS WITH REVISED AHRENS COMPANIES PLAN 501 AND LPA GROUP PLANS OF JANUARY 23, 2009. ADDITIONS 1 ADDED TRENCH DRAIN PIPING AND ACCESSORIES: a. 26 LF 10" DIP: $1,280.50 b. 70 LF OF 4" AND 6" CAST IRON PIPING AND FITTINGS: $5,636.50 2 DELETE ONE (1) STANDARD MANHOLE: 3 DIFFERENCE IN CHANGE OF OIL/WATER SEPARATOR FROM CONCRETE TO STEEL ($9,428.00 - $6,000.00): $3,428.00 4 DELETE CONCRETE HEAD WALL: 5 D`LCTE ~~.'J~!. RETEn!T!ON P`~ND: 6 ADDITIONAL 4" PVC S.S. LINE: $543.00 7 ADDITIONAL 1" COPPER DOMESTIC WATER LINE IN SLAB: $187.00 8 ADDITIONAL TRAP PRIMER LIME: $520.00 1461 Kinetic Road, Lake Park, FL 33403-191" Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#7_revised.XLS Architect License # AR0010650 DELETIONS ($3,100.00) ($1,300.00) (¢3,75^ 0^i . ~. , 10 DIRECTIONAL BORE FOR S.S. LINE: 11 DESIGNER (3 HOURS @ $125.00/HOUR): 12 CADD (9.5 HOURS @ $75.00/HOUR): 13 PRINTS (162 SHEETS @ $2.00/EACH): 14 PROJECT MANAGER (8 HOURS @ $82.00/HOUR): 15 ESTIMATOR (8 HOURS @ $59.00/HOUR): 16 PROJECT SUPERINTENDENT (8 HOURS @ $59.00/HOUR): 17 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: TOTAL CREDIT FOR THIS PROPOSAL: NET COST ADDITION: ADDITIONAL TIME: 2 WORKING DAYS ADDITIONS $2,166.75 $375.00 $712.50 $324.00 $656.00 $472.00 $472.00 $76.00 $16,849.25 $193.77 $17,043.02 $2, 556.45 $19,599.47 $391.99 $19,991.46 DELETIONS ($8,150.00) $11,841.46 JUSTIFICATION: CHANGES IN LPA GROUP PLANS AND AHRENS COMPANIES PLAN 501 DUE TO BUILDING SHIFTING 12' TO THE SOUTH. AHRENS COMPANIES: OW R'S CEPTANCE: RICHARD C. AHRENS CEO ~ ~/ !Z DATE: FEBRUARY 10, 2005 DATE: I PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #7.revised.XLS ~~ HOINiIr Olt PIx,ICAN I5LAldb CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: 6 A) Contract Price Prior to this Change Order $1,184,976.58 Net Increase (Decrease) Resulting from this Change Order $ 3,662.64 New Contract Price Including this Change Order $1,188,639.22 B) Contract Time Prior to the Change Order (Number of Days) 198 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 2 days TOTAL (Number of Days) 200 days New Completion Date Including this Change Order May 20, 2009 ~r ~. i `/ ~.- !j2~-Date: '~ c17 d ~1' Authorized Signature 3r1/~c.~~,sf 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 ATT T _ ~~ s to budget Sally A. Maio, MMC, City Clerk as to legal AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 6 PROJECT #: 08-000024 February 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: REVISION TO THE LOCATION OF THE DUMPSTER ENCLOSURE. ELIMINATE THE STAND ALONE DUMPSTER ENCLOSURE AND MODIFY THE EXISTING SINGLE ENCLOSURE TO MAKE IT A DOUBLE ENCLOSURE PER REVISIONS OF LPA GROUP PLANS OF JANUARY 23, 2009. 1 DELETE CONTRACT VALUES OF THE STAND ALONE DUMPSTER ENCLOSURE: a. CONTRACT -SLAB AND MASONRY: ($3,489.00) b. STUCCO: ($658.00) c. PAINT: ($216.00) d. GATE: ($200.00) TOTAL DEDUCT: ($4,563.00) 2 MODIFIED DUMPSTER ENCLOSURE: a. DEMOLITION AND DEBRIS REMOVAL: $864.00 b. SLAB AND MASONRY: $3,368.00 c. STUCCO: $658.00 d. PAINT: $312.00 e. :SATE AND RELOCATE GATE: $400.00 3 DESIGNER (1.0 HOURS @ $125.00/HOUR): $125.00 4 STRUCTURAL ENGINEER (0.5 HOURS @ $125.00/HOUR): $62.50 5 CADD (6.75 HOURS @ $75.00/HOUR): $506.25 6 PRINTS (28 SHEETS @ $2.00/EACH): $56.00 7 PROJECT MANAGER (4 HOURS @ $82.00/HOUR): $328.00 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#6.XLS Architect License # AR0010650 ADDITIONAL TIME: 2 WORKING DAYS JUSTIFICATION: SITE PLAN REVISION SUBTOTAL $7,012.48 15% OVERHEAD $1,051.87 SUBTOTAL $8,064.35 2% BOND FEE $161.29 TOTAL COST OF THIS PROPOSAL: $8,225.64 TOTAL CREDIT FOR THIS PROPOSAL: ($4,563.00) NET COST ADDITION: $3,662.64 8 PROJECT SUPERINTENDENT (3 HOURS @ $59.00/HOUR): 9 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) SUBTOTAL 1.15% INSURANCE FEE: AHRENS COMPANIES: O ER' C ~~ RICHARD C. AHRENS CEO DATE L ~ DATE: FEBRUARY 6, 2009 PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL $177.00 $76.00 $6, 932.75 $79.73 CEPTANCE: CO TO OWNER #6.XLS •• ~ r CHANGE ORDER #: ~~ . ~, ~~ 3 -~ ~.~ ~~~ ~, o~~~~~xx ~~scar~~ CITY OF SEBASTIAN CHANGE ORDER PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: OS REJECTED A) Contract Price Prior to this Change Order $1,184,976.58 Net Increase (Decrease) Resulting from this Change Order $ -0- New Contract Price Including this Change Order $1,184,976.58 B) Contract Time Prior to the Change Order (Number of Days) 198 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 198 days New Completion Date Including this Change Order May 18, 2009 C(,( Date: d~ ~~ Authorized Signature ~~~„~~;~- Aaprovals 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 ) Manager Finance Director' City Attorney ATTE T• ~ ~ ~~ to budget Sally A. Ma' MC, City Clerk to legal 1H1\ ~_.,, Date: ~9 6q ~~ ` • ;~~. ~ • ~4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 05 PROJECT #: 08-000024 DATE: December 30, 2008 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 COMPRESSOR ROOM ADD THE COMPRESSOR ROOM COMPONENTS.. i CONCRE T E SLAB/MASUIVRY: 2 USA STEEL AND FASTENERS/ERECTION: 3 STUCCO: 4 PAINTING: 5 GATES: 6 TRASH REMOVAL: 7 CHANGE ORDER ADMINISTRATION (ESTIMATOR/PROJECT MANAGER, PROJECT SUPERINTENDENT/PROJECT ADMINISTRATOR): (ELECTRICAL/SECOND COMPRESSOR WITH GFI OUTLETS) "*ELECTRICAL WORK WILL BE UNDER ANOTHER CHANGE ORDER WITH ALL OF THE ELECTRICAL CHANGES** SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: ADDITIONAL TIME: 8 WORKING DAYS JUSTIFICATION: CHANGES OUTSIDE OF CONTRACT AHRENS COMPANIES: RICHARD C. AHRENS CEO DATE: DECEMBER 30, 2008 $ 3,590.00 $ 1,463.00 $ 1,869.00 $ 453.90 $ 1,000.00 $ 165.00 $ 2,384.50 $ 10,925.40 $ 125.64 $ 11,051.04 $ 1,657.66 $ 12,708.70 $ 254.17 $ 12,962.87 ~ ,~ /~ ~~~T v ~~ OWNER'S ACCEPTANCE: 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 # CB0006515 CO TO OWNER #S.XLS Architect License # AA26000694 QT4 of ..~ I w ~4:ti...y.... HOME OF P)rLtCAN 15t11N17 CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 By the signature affixed below, both the City and the Contractor agree to the changes as stipulated herein. Upon proper execution of this document, the Contractor is hereby notified to commence work. All changes stated below are hereby incorporated and made a part of the Contract identified above, and all the terms and conditions of said Contract are enjoined and in full force while executing the change(s) stipulated as follows: 1. See attached Ahrens Companies Change Order #: 04 A) Contract Price Prior to this Change Order $1,188,914.00 Net Increase (Decrease) Resulting from this Change Order $ (3,937.42) New Contract Price Including this Change Order $1,184,976.58 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 3 days TOTAL (Number of Days) 198 days New Completion Date Including this Change Order May 18, 2009 Authorized Signature Date: ot-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 ~ (mee~in~ date ) C OF LS er roject Manager i Finance Director City Attorney AT S < ~;~ ~~ to budget Sally A. M ~o, MMC, City Clerk to legal TIAN: q Date: Z l ~ 1 + AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 4 PROJECT #: 08-000024 February 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 SITEWORK REVISIONS FROM THE LPA GROUP PLAN REVISIONS OF JANUARY 23, 2009. DELETED PER ORDERS OF THE CITY OF SEBASTIAN ARE THE SITE TRAFFIC SIGNAGE, SYNTHETIC HAYBALES AND REVISIONS TO THE SILT FENCE LAYOUT. SILT FENCING AND LANDSCAPE REVISIONS WILL BE MADE UNDER SEPARATE CHANGE ORDER WHEN THOSE PLANS ARE REVISED BY THE CITY OF SEBASTIAN. ADDITIONS DELETIONS 1 DIRECTIONAL BORE FOR WATER LINE PLACEMENT REVISION: $2,520.00 2 WATER LINE REVISION (PIPING/VALVES/PLUGS): $2,380.00 3 REVISION FOR THE RE-CONFIGURATION OF THE SOUTHERLY DETENTION POND. a. STRIP GRASS + 65 CY: $390.00 b. CUT AND GRADE SWALE +3,525 SF: $2,467.50 c. CUT AND FILL, GRADE PAD + 225 CY: $1,350.00 d. ADDITIONAL GRADING AT WEST END OF POND +6,858 SF: $1,739.00 4 ADDITIONAL ASHPALT REMOVAL - 1,142 SY: $1,427.50 5 ADDITIONAL SIDEWALKS ON NORTH SIDE OF BUILDING AT DOOR 18 AND COLUMN LINE 4 - 210 SF: $900.00 6 PROJECT MANAGER (8 HOURS @ $82.00/HOUR): $656.00 7 PROJECT SUPERINTENDENT (8 HOURS @ $59.00/HOUR): $472.00 8 PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR) $76.00 9 PLANS TO SUBCONTRACTORS - 12 SETS: $264.00 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#4.XLS Architect License # AA26000694 .~ ~~ ADDITIONS DELETIONS 10 REVISION TO STORM DRAINAGE STRUCTURES AND PIPING -BASE CONTRACT: $23,549.00, NEW CONTRACT SUM: $10,528.00 -NET DIFFERENCE: ($13,021.00) 11 DELETE "F" CURB: ($8,289.00) SUBTOTAL $14,642.00 1.15% INSURANCE FEE: $168.38 SUBTOTAL $14,810.38 15% OVERHEAD $2,221.56 SUBTOTAL $17, 031.94 2% BOND FEE $340.64 TOTAL COST OF THIS PROPOSAL: $17,372.58 TOTAL CREDIT FOR THIS PROPOSAL: ($21,310.00) NET CREDIT: ($3,937.42) ADDITIONAL TIME: 3 WORKING DAYS JUSTIFICATION: REVISED LPA GROUP PLANS AHRENS COMPANIES: ~~ RICHARD C. AHRENS CEO DATE: FEBRUARY 6, 2009 "ANCE: PLEASE RETURN A SIGNED COPY BY FAX WITHIN TWO (2) DAYS AND MAIL THE ORIGINAL CO TO OWNER #4.XLS v L~~ rr DATE: • 4 ~ Ylf fidML OF plrtJCMI 15LAF11) CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 3 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 REJECTED A) Contract Price Prior to this Change Order $1,188,914.00 Net Increase (Decrease) Resulting from this Change Order $ -0- New Contract Price Including this Change Order $1,188,914.00 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 195 days New Completion Date Including this Change Order May 15, 2009 ~l~ 1 Date: d"~ Q 7 Authorized Signature /~^„a , , _ ,~ X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order City Council Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order (meetigg date ) Project Manager Finance Director City Attorney AT T: ~ ~ ~~ to budget Sally A. io, MMC, City Clerk to legal -^ Date: z ~~~! ~ c, ~AHRENS• ~ /I^ COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 03 PROJECT #: OS-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 EXPOSE THE AVIATION FUEL LINE EXPOSE THE AVIATION FUEL LINE THAT HAD BEEN REPRESENTED AS A "GAS" LINE ON THE PLANS. AS HAD BEEN DISCUSSED, IT IS CRUCIAL THAT THE AVIATION FUEL LINE IS IDENTIFIED BY ALL PARTIES WORKING ON THE SITE. THE PIPE DEPTH AT THE SIDE OF THE ROAD IS 30" AND NOT 60", AND THE PIPE DEPTH GOING TO THE DISPENSER IS 27" AND NOT 36". PROJECT SUPERINTENDENT (17 HOURS @ $59.00/HOUR): PROJECT MANAGER (6 HOURS @ $82.00/HOUR): PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR): EQUIPMENT AND MATERIAL (SUNBELT RENTAL): PLEASE NOTE: PLAN REVISIONS HAVE BEEN AFFECTED DUE TO THE LOCATION AND ELEVATION OF THIS AVIATION FUEL LINE. SUBTOTAL 1.15% INSURANCE FEE: SUBTOTAL 15% OVERHEAD SUBTOTAL 2% BOND FEE TOTAL COST OF THIS PROPOSAL: $ 1,003.00 $ 492.00 $ 76.00 $ 208.06 $ 1,779.06 $ 20.46 $ 1,799.52 $ 269.93 $ 2,069.45 $ 41.39 2,110.84 ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: NOT PROPERLY CLARIFIED BY LPA GROUP ON THEIR PLANS. „Q~ C AHRENS COMPANIES: OWNER'S ACCEPT RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 DATE: 1461 Kinetic Road, Lake Park, FL 33403-1911 Office (561) 863-9004 Fax (561) 863-9007 Contractor License # CB0006515 CO TO OWNER#3.XLS Architect License # AA26000694 atr tx ~' ~` ~~ liOlVllr OF P1+LIC~1N ISUWI~ CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 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 #: 02 A) Contract Price Prior to this Change Order $1,238,321.00 Net Increase (Decrease) Resulting from this Change Order $ (49,407) New Contract Price Including this Change Order $1,188,914.00 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 195 days New Completion Date Including this Change Order May 15, 2009 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 Project Manager/_~ Finance Director" l as to budget AT E Sally A. Mai , MMC, City Clerk City Attorney to legal 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 ~ ~ti~.: %~_. Date: ~ l~/~ A ~ f • • Y ~ - AHRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 02 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE: INTUMESCENT COATING CREDIT: PLEASE NOTE: DESIGN/CAD TIME WILL BE PRESENTED UNDER A SEPARATE CHANGE ORDER WITH THE OTHER PROJECT CHANGES. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: CITY REQUEST AHRENS COMPANIES: ~~ RICHARD C. AHRENS CEO $ (49,407.00) $ (49,407.00) OWNER'S ACCEPTANCE: DATE: JANUARY 6, 2009 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 # CB0006515 CO TO OWNER #2.XLS Architect License # AA26000694 OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 CREDIT FOR BUILDING COLUMN PROTECTION . , rnr a ~ ~,, ~,: FiOlNilr t3F PI:LiCMI TStHIVD CITY OF SEBASTIAN CHANGE ORDER CHANGE ORDER #: 1 PURCHASE ORDER # 5918 FY09 CONTRACTOR: Ahrens Enterprises, Inc. ADDRESS: 1461 Kinetic Rd. Lake Park, FL 33403 PROJECT NAME: Airport Hanger A PROJECT #: C5505 PHONE #: 561-863-9004 CONTRACT NAME: Sebastian Municipal Airport Hanger "A" Project Design-Build Services Agreement CONTRACT DATE: 10/22/08 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 #: O1 A) Contract Price Prior to this Change Order $1,241,265.00 Net Increase (Decrease) Resulting from this Change Order $ (2,944) New Contract Price Including this Change Order $1,238,321.00 B) Contract Time Prior to the Change Order (Number of Days) 195 days Net Increase (Decrease) Resulting from the Change Order (Number of Days) 0 days TOTAL (Number of Days) 195 days New Completion Date Including this Change Order May 15, 2009 Authorized Signatu Date: C~ ~ ~ X City Manager Authorization -cumulative amount less than 15% of contract price or $15,000 single change order _ City Co ncil Authorization -cumulative amount exceeds 15% of contract price or $15,000 single change order (meetj~g date ) ect Manage: Finance Directo City Attorney AT ~~ to budget Sally A. Maio, MMC, City Clerk to legal .-~"~ Date: ~" ~ / bC~ +~ F '• ' ~ ~4HRENS COMPANIES GENERAL CONTRACTOR'S CHANGE ORDER TO OWNER CHANGE ORDER NUMBER: 01 PROJECT #: 08-000024 DATE: January 6, 2009 PROJECT: SEBASTIAN MUNICIPAL AIRPORT HANGAR A 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DESCRIPTION OF PROPOSED CHANGE OWNER: CITY OF SEBASTIAN 202 AIRPORT DRIVE, EAST SEBASTIAN, FL 32958 DRYWALL CREDIT DRYWALL CREDIT WITH THE ASSOCIATED ADJUSTMENTS PER PREVIOUS DISCUSSIONS FOR PLAN DEVELOPMENT. DRYWALL AND DOOR CREDIT (67 BOARDS @ $70.00/BOARD): PAINTING CREDIT (3,216 SF @ $0.70/SF): VINYL BASE CREDIT (230 LF @ $1.00/LF): ADDITIONAL FENCING (21 LF @ 15' - 16' H): UPGRADE VINYL INSULATION TO 4": PROJECT MANAGER (5 HOURS @ $82.00/HOUR): ESTIMATOR (5 HOURS @ $59.00/HOUR): PROJECT ADMINISTRATOR (2 HOURS @ $38.00/HOUR): PLEASE NOTE: DESIGN/CAD TIME WILL BE PRESENTED UNDER A SEPARATE CHANGE ORDER WITH THE OTHER PROJECT CHANGES. THESE REQUESTED REVISIONS HAVE ALREADY BEEN ILLUSTRATED ON THE PLANS DATED NOVEMBER 21, 2008. TOTAL CREDIT: ADDITIONAL TIME: 0 WORKING DAYS JUSTIFICATION: CITY/TENANT REQUEST AHRENS COMPANIES: ~. RICHARD C. AHRENS CEO DATE: JANUARY 6, 2009 (2,944.00) OWNER'S ACCEPTANCE: ./_ -~ ~" DATE: l ~ D . o 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 # CB0006515 CO TO OWNER#1.XLS Architect License # AA26000694 $ (4,690.00) $ (2,251.00) $ (230.00) $ 3,246.00 $ 200.00 $ 410.00 $ 295.00 $ 76.00 crrvoF :: HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST ~ SEBASTIAN, FL 32958 PHONE 772-228-7001 ~ FAX 772-228-7078 jgriffin(a~cityofsebastian.or~ NOTICE TO PROCEED DESIGNBUILD HANGER "A" PROJECT at SEBASTIAN MUNICIPAL AIRPORT DATE: October 29, 2008 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 "A" PROJECT DESIGNBUILD SERVICES AGREEMENT. The project manager is Joe Griffin, 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. SEBASTIAN MUNICIPAL AIRPORT HANGER "A" PROJECT DESIGN-BUILD SERVICES AGREEMENT THIS AGREEMENT made this ZZ~lay of October, 2008, 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"). 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 "A" AT SEBASTIAN MUNICIPAL AIRPORT PROJECT. 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. 1 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: a. This Design-Build Hanger Building "A" at Sebastian Municipal Airport Agreement; b. Request for Proposal & Technical Criteria Package for Design-Build Services for the Design-Build Hanger Building "A" at Sebastian Municipal Airport project dated 28 July 2008, with Addendum No. 1 dated 30 July 2008, Addendum No. 2 dated 13 August 2008, Addendum No. 3 dated 26 August 2008, and Addendum No. 4 dated 28 August 2008; c. Proposal Package dated 3 September, 2008 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 "A" 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 Application: # 40-061-68172-11. h. FDOT grants: FN 409863-1-94-01 & 418164-1-94-01; i. Any written modifications, including Change Orders and Work Orders; j. Any other documents referenced in these Contract Documents; and, k. October 10, 2008 City Manager Agenda Transmittal describing negotiated base bid and selected alternatives for final cost. 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, 2 discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 2.4 CONSTRUING TERMS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 2.5 GOVERNING LAW AND WAIVER OF TRIAL BY JURY. This Agreement shall be governed by the laws of the State of Florida, and any venue for any action pursuant to the Contract Documents, or otherwise involving the Project, shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 2.6 TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete unless terminated in accordance with the terms hereunder. 3.0 THE WORK 3.1 Subject to and in accordance with the terms and provisions of the Contract Documents, the DESIGNBUILDER agrees to design and construct the Project for the CITY. 3.2 The DESIGNBUILDER agrees to provide all the professional design services, labor, material, supplies, equipment, transportation, apparatus, light, energy, temporary facilities and systems, scaffolding and tools necessary for the proper design, construction and completion of the Work described in the Contract Documents. 3.3 The DESIGNBUILDER shall remain fully liable to CITY for the adequacy of the Plans and Specifications and other documents, the ultimate and acceptable design and construction of the PROJECT, and for any errors and omissions that may exist thereon, whether the work is done in house by the DESIGNBUILDER, by joint venture, or by retention of a design professional by the DESIGNBUILDER. 3.4 The Plans and Specifications prepared by DESIGNBUILDER, DESIGNER, and Subcontractors in connection with the Project shall be a "work made for hire" and the CITY shall be vested with all rights of ownership thereto. Any use by the CITY of such Plans and Specifications for other projects unrelated to this Project shall be at the CITY's sole risk. 4.0 COMPENSATION CITY shall pay DESIGNBUILDER, in the manner set forth herein, a lump sum Contract Price of One million two hundred forty-one thousand two hundred sixty-five dollars ($1,241,265) for performance of the Work, which shall comprise total compensation to DESIGNBUILDER. 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 3 specified in the Contract Documents, which upon completion and delivery, shall be satisfactory to the CITY and all governmental authorities having jurisdiction thereof. 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 pursue modification 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'SbUTIES AND STATUS 6.1 PROFESSIONAL FIDUCIARY RELATIONSHIP TO CITY 6.1.1 The DESIGNBUILDER recognizes the relationship of trust and confidence established between it and the CITY by the Contract Documents. It covenants with the CITY to furnish its best skill and judgment, to cooperate with the CITY to incorporate in the Work only materials which shall be new and of the best of the kind of grades specified to insure that all workmanship shall be to the best of the recognized standard known to the various trades, to furnish efficient business administration and supervision, to keep at all times an adequate supply of workers and materials at the site, and to prosecute the completion of the Work in the best and soundest way and in the most expeditious and economical manner consistent with the interests of the CITY. 4 6.1.2 The DESIGNBUILDER hereby represents and warrants to CITY that DESIGNBUILDER is skilled and experienced in the design and construction of projects of the type depicted in the Proposal Documents, and that the DESIGNBUILDER by careful examination has satisfied itself as to the general area in which the improvements are to be located, including, but not by way of limitation, soil conditions, climate conditions, surrounding neighborhood and structures, local utilities, available labor supply and cost, all local governmental requirements, and available equipment supply and cost as well as all other items which in the DESIGNBUILDER's judgment could in any manner affect the timely performance of the Work. 6.2 DESIGN WORK 6.2.1 DESIGNBUILDER shall engage qualified, licensed design professionals (hereinafter collectively called "DESIGNER") to provide design services (including, without limitation, engineering, architectural, and other professional design services) for the preparation of Drawings, Specifications and other design submittals for the construction and compilation of the Work in accordance with the Contract Document. 6.2.2 The DESIGNER and other design professionals shall be engaged solely by DESIGNBUILDER. All agreements between DESIGNBUILDER and the DESIGNER and other design professionals, and any modifications thereof, shall be in writing. Copies of these agreements shall be furnished to CITY promptly upon CITY's request. DESIGNBUILDER shall be responsible to CITY for the acts and omissions of DESIGNBUILDER's employees, agents and independent contractors (including, without limitation, the DESIGNER, other design professionals and all Subcontractors), and their agents and employees, and all other persons or entities performing the obligations of DESIGNBUILDER under the Contract Documents. 6.2.3 DESIGNBUILDER shall carefully review the Contract Documents and other information relative to the Design Criteria, shall carefully evaluate existing conditions related to the Work (utilizing such tests and measurements as DESIGN/BUILDER deems advisable), shall carefully evaluate the site and related field conditions and shall report promptly to CITY any errors, inconsistencies or omissions. It shall be the DESIGNBUILDER's sole responsibility to evaluate any additional topographical surveys, soil tests, drainage plans and any other engineering reports, plans or tests that, in its professional opinion, are required to insure that sufficient information is available for the completion of the Work. Any additional work, regardless of its nature and scope, required as a result of said surveys, tests, reports or plans in order to complete the Work shall be performed at DESIGNBUILDER's sole cost and expense. However, it is understood that DESIGNBUILDER cannot be held liable for any unknown or hidden hazards that could not have been reasonably discovered by a DESIGNBUILDER similarly situated in the design/build industry. 6.2.4 DESIGNBUILDER shall provide design documents sufficient to establish the size, quality and character of the Project, the architectural, structural, mechanical and electrical systems of the Project, and the materials and such other elements of the Project as are required by the Contract Documents. The design documents may be prepared in a series of design submissions. In the process of preparing the interim design documents, DESIGN/BUILDER and CITY shall meet 5 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 DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and other persons designated by CITY. The design documents and all interim design submissions shall be subject to CITY's written approval. 6.2.5 After CITY has approved the design documents in writing, DESIGNBUILDER shall provide construction documents setting forth in detail the requirements for the construction of the Project. The construction documents shall include Drawings and Specifications and be consistent with the approved design documents. In the process of preparing the construction documents, DESIGNBUILDER and CITY shall meet and review the status and progress thereof based upon an agreed upon schedule. Minutes of each meeting shall be maintained by DESIGNBUILDER. Copies of the minutes shall be promptly provided to CITY and those persons designated by CITY. The construction documents shall be subject to the written approval of CITY and no construction Work shall be performed prior to receipt of such written approval. 6.2.6 CITY's review and approval of design documents and the construction documents is intended to assure they are compatible with the Design Criteria and other expectations of CITY with respect to the Project. CITY's review and approval of any design documents or construction documents shall not be construed or deemed to either transfer any design liability from DESIGNBUILDER to CITY or to otherwise release DESIGN/BUILDER from liability in connection with the design of the Project. 6.2.7 Upon receipt of CITY's written approval of the construction documents, DESIGNBUILDER shall prepare and file all applications and accompanying documentation required to obtain the building permit and other governmental permits and approvals required for construction of the Project. This responsibility for performance would not apply to the documents required by The LPA Group, Inc., the airport's engineering/planning consultant. 6.2.8 DESIGNBUILDER shall obtain from each of DESIGNBUILDER's design and engineering professionals and furnish to CITY certifications with respect to the documents and services provided by such professionals as follows: A. That, to the best of their knowledge, information and belief, 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 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. DESIGNBUILDER shall promptly report in writing to CITY any conflict, error or discrepancy which DESIGNBUILDER or any of his Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification from CITY before proceeding with any Work affected thereby; provided, however, DESIGNBUILDER shall not be liable to CITY for failure to report any conflict, error or discrepancy unless DESIGNBUILDER or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof. 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 provided 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 aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for Applications for Payment during construction. DESIGNBUILDER shall confirm in writing at the time of submission that an appropriate amount of direct costs, supplemental costs, administrative expenses, contingencies and profit have been allocated to each item of Work. 6.3.4 CITY will review and return the schedules submitted in accordance with this Article and DESIGNBUILDER, if required, shall revise, adjust or modify and resubmit acceptable schedules within the time periods required, and if none are required, at least ten (10) days before submission of the first Application for Payment. 6.4 PRE-DESIGN AND PRE-CONSTRUCTION CONFERENCE 6.4.1 No later than ten (10) days after the effective date of the Agreement, a conference will be held for the review of the Design Criteria and to establish procedures and schedules for the design phase of the Project, to review any required professional liability insurance coverage required with respect to the design Work and to establish a working understanding among the parties regarding the design Work, DESIGNBUILDER as well as the DESIGNER and other design professionals engaged by DESIGNBUILDER shall attend the conference. 6.4.2 Pre-Construction Conference -Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work and to the management of all aspects of the Project. DESIGNBUILDER shall attend such conference and shall require any or all of its Subcontractors and Suppliers, as CITY directs, to attend the conference. 7 6.4.3 Unless otherwise stated at the Pre-Construction Conference or a Project Meeting, the CITY's Project Manager as assigned in writing by CITY will be the single authorized representative of CITY assigned the duty of, and authorized to, transmit or receive communications between DESIGNBUILDER and CITY for the remaining term of the Agreement. 6.5 DUE DILIGENCE 6.5.1 Before ordering any material or doing any work, DESIGNBUILDER shall verify all measurements and conditions at the existing site and ensure the accuracy and suitability of same. No additional compensation will be allowed or paid on account of any difference between actual dimensions and measurements indicated in the Proposal Documents. Any differences which may be found shall be submitted to the CITY for instructions before proceeding with the Work. 6.5.2 DESIGN/BUILDER shall purchase all materials in accordance with the accepted Work Schedule so as to avoid delays and substitutions when such materials are to be incorporated in the Work; said materials are to be stored in designated locations in a manner secure from all identifiable risks. 6.6 STAGING AREAS The DESIGNBUILDER and CITY shall identify the preferred staging areas adjacent to the construction site. Upon completion of the Project, it is the responsibility of DESIGNBUILDER to restore the staging areas to an agreed-upon state. 7.0 DESIGN APPROVALS 7.1 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Preliminary Design documents including, but not limited to, elevations, sections and an outline of specifications that are based on and comply with the Design Criteria and the Proposal Documents. 7.2 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Design Development documents including, but not limited to, elevations, miscellaneous details and an updated set of specifications which are based on and comply with the Design Criteria, the Proposal documents and the CITY-approved Preliminary Design documents. 7.3 The DESIGNBUILDER shall timely submit to the CITY, for review and approval, Final Plans and Specifications that shall be based on compliance with the Design Criteria, the Proposal Documents and the previously approved Design Development documents. 8.0 PLANS, SPECIFICATIONS AND RELATED DATA 8.1 INTENT OF PLANS AND SPECIFICATIONS 8.1.1 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If, during the performance of the Work, DESIGNBUILDER or any member of DESIGNBUILDER or any subcontractor finds a gap, conflict, error or discrepancy in the Contract Documents, DESIGNBUILDER shall report it to CITY in writing at once and before proceeding with the Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after its discovery of such gap, conflict, error, or discrepancy, which is directly or indirectly affected by such gap, conflict, error, or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors and discrepancies between the Contract Documents, the documents shall be given preference in the following order: Change Orders, Design Criteria, DesignBuild Agreement, Notice to Proceed, Approved Plans and Specifications, Approved Shop Drawings, Proposal, remaining portions of the Request for Proposals Package, Performance and Payment Bonds, Insurance Certificates and Endorsements, Affidavits and Certifications. Any Work done by the DESIGNBUILDER or any of its Subcontractors after the discovery by the DESIGNBUILDER of such gaps, conflicts, errors and discrepancies and without the resolution thereof will be at the DESIGNBUILDER's own risk and it shall bear all costs arising therefrom. 8.1.2 DESIGNBUILDER shall ensure that the Contract Documents, which includes any Drawings, Plans and Specifications prepared by DESIGNBUILDER or any member of DESIGNBUILDER or any Subcontractor, are in compliance with and complementary to the Design Criteria. If during the performance of the Work, DESIGN/BUILDER or any member of DESIGNBUILDER or any Subcontractor finds a gap, conflict, error or discrepancy between the Design Criteria and the remaining Contract Documents, the DESIGN/BUILDER shall report it to CITY in writing at once and before proceeding with any Work affected thereby. The CITY upon receipt of any such notice will promptly investigate the circumstances and give appropriate instructions to the DESIGNBUILDER. Until such instructions are given, any Work done by the DESIGNBUILDER after his discovery of such gap, conflict, error or discrepancy, which is directly or indirectly affected by such gap, conflict, error or discrepancy, will be at its own risk and it shall bear all costs arising therefrom. In resolving any gaps, conflicts, errors or discrepancies between the Design Criteria and Contract Documents, the Design Criteria shall be given precedence unless modified in writing. 8.1.3 Specifications have precedence over drawings. Figured dimensions on drawings shall govern, but Work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large-scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. In the event of any discrepancies between any drawings and the figures thereon, the figures shall be taken as correct. 8.1.4 It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words having awell-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 9 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 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 DESIGNBUILDER has in writing called DESIGNER'S and CITY'S attention to each such variation at the time of submission and CITY has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by DESIGNER or CITY relieve DESIGNBUILDER from responsibility for errors or omissions in the Shop Drawings or from responsibility for verifying dimensions, measurements, field conditions, and compliance with the Design Criteria. 70 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 DESIGNBUILDER, including any consultants charges to CITY for the same. CITY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 8.2.8 In reviewing Shop Drawings or samples, CITY shall be allowed seven (7) 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. 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 12 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 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. Any foreman or worker employed by the DESIGN/BUILDER or subcontractors who, in the opinion of the CITY does not perform in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the CITY, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the CITY. The DESIGN/BUILDER shall at all times be responsible for the conduct and discipline of its employees and any subcontractor or person employed by subcontractors. 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 times 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 13 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 properly 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 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. 74 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. 10.5 SPECIFIC STAKING REQUIREMENTS. Stakes to establish lines and grades shall be set at appropriate intervals to assure that the Project is constructed to meet the lines and grades shown on the Plans. 10.6 COORDINATION WITH CITY. The CITY'S recorded subdivision plats are not guaranteed to be correct. The distance, bearing and curve information shall be established by the DESIGNBUILDER's surveyor to control alignment throughout construction. All surveying activities will be coordinated with the CITY's surveyor as needed for proper completion of all work on the site. Primary control monuments, originally set by the CITY, that are disturbed or destroyed during construction shall be accurately replaced by the DESIGN/BUILDER'S surveyor to the satisfaction of the CITY'S surveyor. 10.7 LOCATION OF EXISTING UTILITIES AND PIPING 10.7.1 All existing underground utilities, such as telephone, cable television and electrical cables must be located by the DESIGN/BUILDER prior to starting work in accordance with established local procedures, and 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 DESIGNBUILDER 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. 15 11.0 PROGRESS AND COMPLETION OF WORK 11.1 DESIGNBUILDER'S OBLIGATION 11.1.1 DESIGN/BUILDER shall supervise and direct the Work, using DESIGN/BUILDER'S best skill and attention. DESIGN/BUILDER shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. 11.1.2 DESIGN/BUILDER shall enforce strict discipline and good order among 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. 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 DESIGNBUILDER's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contract with DESIGNBUILDER. 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 16 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 DESIGNBUILDER 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 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 DESIGNBUILDER 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 DESIGNBUILDER 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. 17 11.7.2 A delay beyond the DESIGN/BUILDER'S control occasioned by a natural disaster or other significant event may entitle the DESIGNBUILDER to an extension of time in which to complete the Work as determined by the CITY provided, however, the DESIGNBUILDER 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. 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 DESIGNBUILDER. 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 DESIGNBUILDER to correct the Work, and has no effect on the time within which the obligations of the Contract Documents may be enforced, nor to the time within which proceedings may be commenced to establish DESIGN/BUILDER'S liability with respect to DESIGNBUILDER's remaining contractual obligations. 12.0 PUBLIC HEALTH AND SAFETY 12.1 PROTECTION OF PERSONS AND PROPERTY 12.1.1 The DESIGNBUILDER shall conform to, and abide by, a project safety/security/risk management plan that describes the DESIGN/BUILDER's plans and procedures to protect the safety and property of property owners, passers-by and all other aspects 18 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 Pro rg ams. 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 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 DESIGNBUILDER 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 19 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 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. 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 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 DESIGNBUILDER shall provide controls for sanitary facilities, environmental protection and safety controls on site acceptable to the Florida Department of Health and Rehabilitative Services, Department of Envirorunental 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 20 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. 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 DESIGNBUILDER RELATIONS 13.1 CONSTRUCTION REVIEW. 13.1.1 All work done shall be subject to the construction review of the CITY. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The CITY shall be allowed access to all parts of 21 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 changes to the final Plans and Specifications or the Shop Drawings for the Work shall require that they be reviewed and initialed by DESIGNER. 13.3 SUSPENSION OF WORK. The CITY shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, to include but not be limited to, unsuitable weather or such other conditions as are considered unfavorable for prosecution of the Work, failure on the part of the DESIGN/BUILDER to carry out the provisions of the Contract or to supply materials meeting the requirements of the Plans and Specifications, or the action of a governmental agency, by serving written notice of suspension to the DESIGN/BUILDER. The DESIGN/BUILDER shall not suspend operations under the provisions of this Paragraph without the CITY's permission. 13.4 LIMITATION TO RESPONSIBILITY 13.4.1 Neither CITY's authority to act under this Article or elsewhere in the Contract Documents nor any decision or determination made by CITY or its representatives in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of CITY to DESIGN/BUILDER, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 13.4.2 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of CITY as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the .Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CITY or its representative any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 22 13.4.3 CITY will not be responsible for DESIGNBUILDER's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CITY will not be responsible for DESIGNBUILDER's failure to perform or furnish the Work in accordance with the Contract Documents. 13.4.4 CITY will not be responsible for the acts or omissions of DESIGNBUILDER or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 13.5 FIELD TESTS AND PRELIMINARY OPERATION. The 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 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 DESIGNBUILDER 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. 23 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. 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. 24 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. 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. 25 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, 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. 26 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. (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 27 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 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 DESIGNBUILDER shall notify the CITY in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the CITY is not afforded by the 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 28 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 DESIGNBUILDER by the CITY at actual cost and shall thereupon become the property of the CITY or, if returnable, at the option of the CITY the materials may be returned and CITY shall pay any applicable delivery or cancellation charges. 14.10 PAYMENT FOR WORK SUSPENDED BY THE CITY. If the Work or any part thereof shall be suspended by the CITY, the DESIGN/BUILDER will then be entitled to submit a payment request for all work done. 14.11 PAYMENT FOR WORK DONE BY THE CITY. The cost of the work performed by the CITY removing construction materials, equipment, tools and supplies, cleaning up, or in correcting deficiencies in shall be paid by the DESIGN/BUILDER. 14.12 PAYMENT FOLLOWING TERMINATION OF CONTRACT 14.12.1 Termination by CITY for Cause. Upon termination of the contract by the CITY for cause, including abandonment or termination by DESIGN/BUILDER, the CITY may enter into an agreement with others for the completion of the Work under this Agreement. No further payments shall be due the DESIGN/BUILDER until the Work is completed and accepted by the CITY. If the unpaid balance of the contract amount shall exceed the cost of completing the Work including all overhead costs, DESIGN/BUILDER shall be paid up to the amount of the excess balance on a quantum meruit basis for the work done prior to termination. If the cost of completing the Work shall exceed the unpaid balance, the 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 considered 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 on a quantum meruit basis 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 DESIGNBUILDER and outstanding claimants. 29 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 DESIGNBUILDER 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. 14.15.2 As a condition for Final payment, aDESIGN/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 DESIGNBUILDER shall purchase and maintain the liability insurance described herein to provide protection from claims arising out of or resulting from DESIGNBUILDER's performance of the Work and DESIGNBUILDER's other obligations under the Contract Documents, whether such performance is by DESIGNBUILDER, by any Subcontractor or Supplier, by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. 15.1.2 The liability insurance shall include liability insurance applicable to all of 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. 30 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: (1) Comprehensive Form Including Loading and Unloading. (2) Owned. (3) Hired. (4) Non-Owned. 15.2 PROFESSIONAL LIABILITY INSURANCE. The DESIGNBUILDER, or in the event the DESIGNBUILDER subcontracts the design services, then the DESIGNER shall provide and maintain a professional liabilities/errors and omissions insurance policy having minimum limits of $1,000,000 per claim with a maximum deductible of $100,000. Any professional liability shall delete any design build exclusion that could adversely affect coverage because of the design/build format of the Contract Documents. Coverage shall be provided for full resultant damages. Such professional liability insurance certificates shall be provided to the CITY prior to commencement of design Work. 15.3 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. DESIGNBUILDER shall obtain full Worker's Compensation Insurance coverage for no less than the statutory limits and Employer's Liability Insurance coverage in limits not less than $100,000 for each employee for all persons whom it employs or may employ in carrying out the Work under the Agreement. This insurance shall be in strict accordance with the requirements of the most current and applicable state Worker's Compensation laws. 15.4 GENERAL REQUIREMENTS 15.4.1 DESIGNBUILDER shall not commence or continue to perform any Work unless it, at its own expense, has in full force and effect all required insurance, and until all insurance Certificates and Endorsements have been filed evidencing the specific insurance coverage required, nor shall any payment for Work performed become due and payable until such Certificates and Endorsements have been filed. The 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 31 other person or organization. 15.4.2 Worker's Compensation and Employer's Liability Insurance shall be maintained in effect for the full Warranty Period, even as extended. Should any coverage approach expiration during the period in which it is to remain in full force and effect, it shall be renewed prior to its expiration. 15.4.3 Insurance coverage shall be placed with satisfactory carriers licensed to do business in the State of Florida and countersigned by a resident agent. Insurers shall have at least an "A" Best's Rating and a Class XI or better financial category in accordance with the most current A. M. Best Company ratings. 15.4.4 At the time indicated in the Contract Documents, as evidence of specified insurance coverage, DESIGNBUILDER shall provide certificates of insurance evidencing the specific policies issued, the limits of coverage afforded, and the specific endorsements provided, all in accordance with forms prescribed by CITY. No alteration or substitution of said insurance certificate forms will be allowed, unless approved by CITY in writing. 15.4.5 If so requested in writing by CITY, DESIGNBUILDER shall deliver one (1) copy to CITY of each insurance policy purchased by DESIGNBUILDER pursuant to this Article within thirty (30) days of the request. 15.4.6 All the policies of insurance required of DESIGNBUILDER in the Contract Documents shall be endorsed to include CITY, each of its directors, officers, employees, representatives, agents or volunteers as additional insureds. The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance which might be applicable to any loss, the amount of insurance provided under DESIGNBUILDER's policies of insurance shall not be reduced or prorated by the existence of the other insurance. 15.4.7 All the policies of insurance so required of DESIGNBUILDER in this Article shall be endorsed to expand coverage as required in this Article. 15.4.8 Deductible/self-insured retention amounts shall be subject to approval by CITY, and shall be reduced or eliminated upon written request from CITY. The insurer's cost of defense including attorney's fees (and attorney's fees on appeal) shall not be included within the policy coverage but shall remain the responsibility of insurer. 15.4.9 Nothing contained in these insurance requirements is to be construed as limiting the liability of DESIGNBUILDER or DESIGNBUILDER's insurance carriers. It is to be understood that CITY does not in any way represent that the insurance (or the limits of insurance) specified in this Article is sufficient or adequate to protect DESIGNBUILDER's interests or liabilities, but are merely minimums. 15.4.10 Umbrella Liability Insurance shall not be more restrictive than the underlying 32 insurance policy coverages. 15.4.11 All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by DESIGNBUILDER in accordance with the Contract Documents will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CITY by certified mail. 15.5 CITY'S INSURANCE. CITY shall have the option of purchasing and maintaining its own insurance without prejudice to its rights hereunder. Further, iIf DESIGNBUILDER fails to obtain or renew insurance or fails to maintain insurance in a form required by the Contract Documents, or if any insurance company 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 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 DESIGNBUILDER. If CITY elects to raise an objection to the coverage afforded by or the other provisions of the insurance furnished, DESIGNBUILDER shall promptly provide to CITY such additional information as CITY may reasonably request, and DESIGNBUILDER shall remedy any deficiencies in the policies of insurance at once. 15.6.2 CITY'S authority to object to insurance shall not in any way whatsoever give rise to any duty on the part of CITY to exercise this authority for the benefit of DESIGNBUILDER or any other party. 16.0 PUBLIC CONTRACT REQUIREMENTS 16.1 COVENANT AGAINST CONTINGENT FEES. The DESIGN/BUILDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGNBUILDER, to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the DESIGN/BUILDER, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the CITY shall have the 33 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 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 DESIGNBUILDER 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 DESIGNBUILDER without the prior written consent of the CITY during the term of this Agreement. Any work where the DESIGNBUILDER can reasonably anticipate that it may be called to testify as a witness against the CITY in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 16.5 PUBLIC ENTITY CRIMES. The 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. 34 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 DESIGNBUILDER 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. All CITY and St. John's River Water Management District permits and other permits necessary for the prosecution of the Work shall be secured by the CITY, except for DESIGN/BUILDER's licenses and registrations. DESIGN/BUILDER shall secure a building permit if required by the CITY's Building Official, however fees are waived. 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. 35 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 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 36 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 shall have the unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, programs or other material prepared under this Agreement. All tracings, plans, specifications, maps, computer programs and data prepared or obtained under this Agreement shall remain the property of the CITY. Any use of any plans and specifications by the CITY except the use reasonably contemplated by the CITY at the time the CITY entered this Agreement will be at the CITY's risk and DESIGN/BUILDER, its officers, directors and employees, will be held harmless from such use. 17.6 NON-AGENCY. DESIGNBUILDER shall perform all Work under this Agreement as an Independent Contractor and shall not be considered an agent of CITY, nor shall DESIGNBUILDER's DESIGNER, Subcontractors or Suppliers or employees be considered agents of CITY. DESIGNBUILDER and not the CITY shall be solely responsible to the DESIGNER, any and all Subcontractors and Suppliers, and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work. 17.7 COMPUTATION OF TIME. When any period of time is referred to in the Contract Documents by days, it shall mean calendar days 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 37 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. ATTEST: Sally A. Ma' , MMC, City Clerk (SEAL) Approved as to Form and Content for: Reliance by the City of Sebastian Only Robert A. Ginsburg, Interim ity Attorney THE ~ITY,O~' SEBASTIAN III, City Manager --------------------------- DESIGN/BUILDER ------------------------- Signed, sealed and delivered in the presence of: n NAME: Z~y2,~--- NAME: q ~,,~ ~OSe.rYlGnu 1~Gtw~~SS AHRENS COMPANIES DESIGN/BUILDER /~ , Name: ,C7-~1fZ,~Rl~1- ~/~E'~-.S Title: ~f, j p s ~~~~ 38 CITY OF SEBASTIAN MUNICIPAL AIRPORT-REQUEST FOR PROPOSALS DESIGN BUII.D SERVICES FOR HANGAR BUII.DING "A" APPENDIX A: PRICE PROPOSAL FORM The undersigned, having become thoroughly familial with alI of the RFP Documents and information incorporated herein, hereby proposes to perform everything required to be performed in conformity with the requirer~rts of these documents, meeting or exceeding the specifications as set forth for the price(s) quoted below. The price(s) quoted is (are) inclusive of arty Addenda issued prior to this submittal. • • By the signature below, the Proposer agrees that this Proposal is made without airy other understanding, agraeruent, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this proposal, the Proposer agrees to enter into a conforming agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the tams and conditions of all documents stated herein with the City of Sebastian forthe-below-stipulated.price whieh~.H remain:firm for one hundred twenty (120) days .... foIlowing submittal deadline date: ~THE~PRDPOSED PRICE(S') PROVIDED BELOW ARE ALIT INCLUSIVE. GUARANTEED ]yZA7~JM unless otherwise stipulated. Total Base Price S . 1, - Sq, 33S-ov Additive Alternate 1: Crenerstor, enclosure, concrete $ , 1~ 51,743.00. Additive Alternate 2; Hydro-Swing Door $ 22,913.00 Additive Alternate 3: Sliding Hangar Door $ . b9,000.00 Additive Alternate 4: Bi-Fold Hangar Door $ 26,236.00 Additive Alternate 5: Additional (differential) cost for $ hurricane- window at the office location. 475.00 . Additive Alternate 6: NetworldT-10 lines and drops. $ 2,565.00 Additive Alternate 7: lntumescetit Coating.l hr fire $ raiing ~ 55,668.00 Award will be made to the lowest responsive and responsible Proposer whose proposal, confirming to the specifications, Inst<uctions For Proposers, and' Contract Documents, will be the most advantageous to the City in cAnsider~tion of price, time of performance, and other factors as deternnined by the City. Further, the City reserves the right to award the contract baxd on any one or ail of the "Additive Ahemates;" therefore, each "Total Base Bid+Additive alternate" price must be ready to stand on its own. The Proposer must submit bids on the Base Bid including the "Additive Alterna#es" shown above. CONSTRUCTION COMPLETION TIME: Proposer warrants substantial completion of construction snail not exceed I95 aleadar days. There will be 5200/day liquidated damages for days exceeding 195 calendar days. The breakout of phases is a follows: a . 60 calendar days design 8t peraritting b. 120 calendar days construction c. 15 calendar days for final punc~r list. Page 25 ad'8f Addbndum 2 13AUG-08 CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES FOR HANGAR BUILDING "A" ATTACHMENT 2 !DRUG-FREE WORKPLACE FORA~II The undersigned Proposer, in accordance with Florida Statute 287.087 hereby certifies that Ahrens Enterprises, Inc. DBlA/ Ahrens Companies does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employce will abide by the temps of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United Stated or any state, for a violation occurring in the workplace no later than five (5) days after • such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted 6. Make a good faith effort to continue to maintain a drug floe workplace through implementation of Paragraph 1 through 5. As the person authorised to sign this statement, I certify that this firm complies fully with the above requirements. Date; September 3, 2008 Si `~ ,,~(~~(JL, '(~ • Page 33 018! 28,1!1!-08 ITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES FOR HANGAR BUILDING "A" • ATTACHMENT 3 (PUBLIC ENTITY CRIMES FORM) SWORN STATEMENT UNDER SECTION 287.133(3)(a). FLORIDA STATUES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1.~1 This sworn statement is submitted with Proposal for Error! Unknown document property name., Sebastian Municipal Airport, City of Sebastian, Florida. 1.02 This sworn statement is submitted by Ahrens Enterprises, Inc. D/B/A/ Ahrens Companies name of entity submittin sworn statement) whose business address is 1461 Kinetic Road, Lake Park, FL 33403-1911 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0297589 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:(n/a ). 1.03 My name is BARBARA AHRENS and my relationship to the (please print name of Individual signing) entity named above is :President 1.04 I understand that a "public entity crime" is defined in Paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the • United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 1.05 I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonj ury trial, or entry plea of guilty or nolo contendere. 1.06 I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statues, means: (1) A predecessor or successor of a person convicted of a public entity crime: or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm~slength agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 1.07 I understand that a "person" as defined in Paragraph 287.133(1)(c), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. • Pag 35 of ~~ ~8-JUL- CITY OF SEBASTIAN MUNICIPAL AIRPORT- REQUEST FOR PROPOSALS DESIGN-BUILD SERVICES FOR HANGAR BUILDING "A" 1.08 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings, the final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administration Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) SWORN STATEMENT -PUBLIC EN TY CRIMES (CONTINUED) / , ~~ (Signature) ~_ ate: September 3, 2008 STATE OF FLORIDA COUNTY OFPaIm Beach The foregoing instrument was acknowledged before me this 3rd BARBARA AHRENS President day of September 2008 , 2007 by (title) on behalf of uua,:e~,~e~ds~s,m~.~~ninive„scompm~t~s (name of partnership), a partnership. He/she is personally known to me or has produced n/a My Commission Expires: July 7, 2011 Commission Number: DD 678134 as identification and did Odid not (X) take an oath. (acG~ OTARY PUBLI END OF SWORN STATEMENT -PUBLIC ENTITY CRIMES ~. `r' YU~~ r 3 ~ MY COMMMIBKnV ;~ pp 87E 134 EXPIPIES: July 7, 201 t ~ B'"~ n'ti ~' Po61ic unde,,,.M,q Page 36 of 81 28-JUL-08 ACORD~, CERTIFICATE OF LIABILITY INSURANCE 3/6%200 ~~~~ (561) 746-4546 FAX: (561j 746-9599 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY .AND CONFERS Np RIGHTS UPON THE CERTIFICATE uesta A enc Inc Te g q y, . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 218 S . US Highway dne ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 300 T ester FL 33469 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Trans ortation Ins Co Ahrens Enterprises, Inc., INSURERB:Valle Fore Ins Co DBA:Ahrens Companies 1NSURERC:SOCluB Ins Services, Inc 1461 ICinet].C Road INSURER D: Lake Park FL 33403 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. INSR ADD'L TYPE OF WSURANCE POLICY NUMBER DMA EYM~Cn~ PDATE MM/D ~ LIMA GENERAL LIABILITY EA H URREN E $ 1,000,000 X COMMERCIAL GENERAL LIABILITY _ PREM ET EaENCC~urtDn e $ 100,000 A CLAIMS MADE aOCCUR 2075808864 1/30/2008 1/30/2009 MEOEXPAn one $ 5,000 X R, C, U INCLUDED OANERS S CONTRACTORS PERS AL&ADVI RY $ 1,000,000 X CONTRACTUAL LIAR. PROTECTIVE INCLUDED GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIM ITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000 ~~ POUCY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acadent) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-0WNED AUTOS (PeracGdeM) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN $ AUTO ONLY: A $ EXCESSNMBREI.LAL1ABItJTY $ 5, 000, 000 X OCCUR ~ CLAIMS MADE AGGRE T $ 5, 000, 000 $ A DEDUCTIBLE 207580890 1/30/2008 1/30/2009 g X ET NTION 10 000 $ WORKERS COMPENSATION AND ' , OTH- X WC1Sf LAMij~ EMPLOYERS LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE . E.L. EACH ACCIDENT $ 500 , 000 - OFFK:ER/MEMBEREXCLUDED? 20755809481 1/30/2008 1/30/2009 E.L. DISEASE-EA EMPLOYE $ 500,000 If yes, describe under SPE I PROVISION below E.L. DISEASE -POLICY LIMIT a 500 , 000 C Dr+ER PROFESSIONAL 80065048503 9/8/2007 9/8/2008 r>,x czau~ 1,000,000 LIABILITY AccxEC,a+,xE 1, 000, 000 DESCR~TK)N OF OPERAT70NSA.OCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISKMIS CONTRACTORS EQUIPMENT: AMERICAN CASUALTY INSURANCB 1102075808664 EFF. 01/30/2008 TO 01/30/2009 - 2$ DEDUCTIBLE WITB M]T1I2~A>id $2,500 AND $25,000 MARIMUM - 5$ TPINDJBAIL SUBJECT TO $10,000 MINIMUM; COVERAGE INCLUDES LEASED RENTED EQUIPMENT SiITB A LIMIT OF $300,000 CERTIFICATE HOLDER CANCELLATION (561)233-5554 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PAIM BEACH COUNTY EXPIRATKNJ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL CONTRACTORS CERTIFICATION 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 2300 NORTH JOG ROAD FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE ., WEST PALM BEACH, FL 33411-2741 INSURE ITS AGENTS OR REPRESENTATNES. AUTHORI~D REPRESENTATNE I ~~~ ~ y°~ Mark Kasten/AVERY - l ^-- ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IIUC~19~. IM nog nCw Donn 1 n/ 7