Loading...
HomeMy WebLinkAboutR-2026-119 CDBG 49-50 - Agreement with Huurr Homes LLC - ITB 26-011RESOLUTION NO. 2026-119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HUURR HOMES, LLC FOR THE CONSTRUCTION OF ITB NO. 26‑011, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEARS 49 & 50 OASIS NEIGHBORHOOD IMPROVEMENT PROJECTS, IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THIRTY‑SIX THOUSAND THREE HUNDRED DOLLARS ($636,300.00); AUTHORIZING THE CITY TO EXCEED THE ANNUAL VENDOR PURCHASING THRESHOLD OF FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach is implementing the Community Development Block Grant (CDBG) Years 49 & 50 Oasis Neighborhood Improvement Projects to provide neighborhood improvements utilizing CDBG funding for Program Years 49 & 50; and WHEREAS, the project is intended to improve neighborhood infrastructure, pedestrian accessibility, residential driveway approaches, neighborhood signage, and drainage conditions within the designated project areas; and WHEREAS, the project includes the installation of permeable brick pavers to improve neighborhood drainage and stormwater management; and WHEREAS, pursuant to Resolution No, 2026-109, adopted August 25, 2026, the Commission authorized the award of ITB No. 26-011 to Huurr Homes, LLC; and WHEREAS, the Public Services Department recommends that the City enter into an agreement, which Agreement is attached as Exhibit “A” and incorporated into this Resolution by this reference, with Huurr Homes LLC. for the construction of the CDBG Years 49 & 50 Oasis Neighborhood Improvement Projects in an amount not to exceed Six Hundred Thirty-Six Thousand Three Hundred Dollars ($636,300.00); and WHEREAS, due to the nature of the work, the Public Services Department recommends establishing an Owner's Contingency in the amount of Twenty Thousand Dollars ($20,000.00) to address unforeseen conditions and minor changes that may arise during construction, with Ten Thousand Dollars ($10,000.00) allocated towards Year 49 and Ten Thousand Dollars ($10,000.00) allocated towards Year 50; and 2 RESOLUTION #2026-119 WHEREAS, the Public Services Department recommends establishing an allowance of Twenty Thousand Dollars ($20,000.00) for permitting and related fees necessary to complete the project, with Ten Thousand Dollars ($10,000.00) allocated towards Year 49 and Ten Thousand Dollars ($10,000.00) allocated towards Year 50; and WHEREAS, the City has received an extension of the Community Development Block Grant (CDBG) Years 49 & 50 grant period, extending the grant deadline through December 15, 2026, to allow sufficient time for completion of the project and fulfillment of all applicable grant requirements; and WHEREAS, the City finds that entering into an agreement with Huurr Homes LLC. is in the best interest of the City and its residents and will facilitate completion of the CDBG Years 49 & 50 Oasis Neighborhood Improvement Projects; and WHEREAS, funding for the project is available through the Community Development Block Grant (CDBG) Program Years 49 and 50, together with the appropriate City funding source. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission hereby authorizes the proper City officials to execute an agreement with Huurr Homes LLC. for the construction of the Community Development Block Grant (CDBG) Years 49 & 50 Oasis Neighborhood Improvement Projects, in an amount not to exceed Six Hundred Thirty-Six Thousand Three Hundred Dollars ($636,300.00), which agreement is attached hereto and incorporated herein as Exhibit “A.” Section 3. That the City Commission hereby authorizes the City to exceed the annual vendor purchasing threshold of Fifty Thousand Dollars ($50,000.00) for Huurr Homes LLC. in connection with the CDBG Years 49 & 50 Oasis Neighborhood Improvement Projects. Section 4. That funding for the project will be appropriated from the Capital Projects Fund Account No. 301-39-58-541-63-10. Upon approval, $108,000.00 will be reappropriated from Capital Fund Account No. 301-22-04-522-31-10 into Account No. 301-39-58-541-63-10. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 3 RESOLUTION #2026-119 Section 6. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on September 14, 2026. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HUURR HOMES, LLC FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEARS 49 & 50 OASIS NEIGHBORHOOD IMPROVEMENT PROJECTS INVITATION TO BID NO. 26-011 This Construction Agreement (“Agreement”) is entered into as of __________________, 2026 (the “Effective Date”), by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation, with an address of 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (the “City”), and HUURR HOMES, LLC, a Florida limited liability company, with an address of 2705 Burris Road, Unit 4A, Davie, Florida 33301 (the “Contractor”). The City and Contractor may each be referred to as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the City issued Invitation to Bid No. 26-011 for the Community Development Block Grant (CDBG) Years 49 & 50 Oasis Neighborhood Improvement Projects (the “Project”); WHEREAS, Contractor timely submitted a bid in response to the ITB and acknowledged Addenda Nos. 1 through 6; WHEREAS, by Resolution No. 2026-109, adopted August 25, 2026, the City Commission awarded the ITB to Contractor; and WHEREAS, the City Commission has authorized the proper City officials to execute this Agreement in an amount not to exceed Six Hundred Thirty-Six Thousand Three Hundred Dollars ($636,300.00). NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated into this Agreement. 2. CONTRACT DOCUMENTS; INCORPORATION; ORDER OF PRECEDENCE. The following documents are incorporated into and made part of this Agreement by this reference: (a) Agreement Exhibit 1: City Invitation to Bid No. 26-011, including its General Terms and Conditions, Special Conditions, Scope of Work, forms, attachments, and Addenda Nos. 1 through 6; (b) Agreement Exhibit 2: the CDBG Year 49 and Year 50 bid packages, plans, specifications, and the Boiler Plate for Dania Beach NW Oasis Neighborhood Improvements Phases 16 and 17; 2 (c) Agreement Exhibit 3: the applicable federal contract provisions and final Davis-Bacon wage determination; (d) Agreement Exhibit 4: Contractor’s bid response dated July 23, 2026, including the accepted schedule of unit prices; and (e) Agreement Exhibit 5: the required payment and performance bond forms. This Agreement, the foregoing exhibits, the Notice to Proceed, the executed payment and performance bonds, and all properly executed amendments and change orders are collectively referred to as the “Contract Documents.” If the Contract Documents conflict, they control in the following order: 1. properly executed amendments and change orders, with later documents controlling earlier documents only to the extent expressly stated; 2. this Agreement; 3. Addenda Nos. 1 through 6, with a later addendum controlling an earlier addendum; 4. the Special Conditions; 5. the General Terms and Conditions; 6. the plans, specifications, bid packages, and other technical requirements; 7. the accepted schedule of unit prices; and 8. the remainder of Contractor’s bid response. Contractor’s bid response does not modify, qualify, or take exception to a City requirement unless the modification is expressly accepted in this Agreement or a properly executed amendment. Where requirements can reasonably be read together, the more stringent requirement governs. No oral statement, course of dealing, email, field discussion, or other informal communication modifies the Contract Documents. 3. SCOPE OF WORK. 3.1 General Scope. Contractor shall furnish all labor, supervision, equipment, tools, transportation, materials not expressly identified as City-furnished, permits, testing, temporary facilities, traffic and pedestrian control, safety measures, services, and incidentals necessary to complete the Community Development Block Grant (CDBG) Years 49 and 50 Oasis Neighborhood Improvement Projects in strict accordance with the Contract Documents (the “Work”). 3.2 Project Areas. The Work will be performed within the project limits shown in the Contract Documents, including the following areas: (a) Year 49 Project Area: SW 5th Avenue, SW 6th Avenue, SW 7th Avenue, and SW 8th Avenue; and 3 (b) Year 50 Project Area: SW 46th Place, SW 46th Court, SW 47th Street, and SW 27th Avenue. The plans and specifications control the precise locations, dimensions, limits, and details of the Work. 3.3 Principal Improvements. The Work includes, as applicable to each project area: (a) mobilization, layout, coordination, and site preparation; (b) removal and lawful disposal of existing sidewalks, driveway approaches, pavement, unsuitable material, and other improvements designated for removal; (c) excavation, grading, compaction, placement of subbase and aggregate materials, installation of bedding sand, and other preparation required for the improvements; (d) installation of concrete sidewalks, concrete bumpers or curbing, asphalt, permeable paver driveway approaches, and associated improvements; (e) installation or replacement of Oasis neighborhood signs, street signs, stop signs, posts, foundations, hardware, and associated elements; (f) installation of sod, landscaping restoration, pavement restoration, and restoration of private and public property disturbed by the Work; (g) maintenance of drainage, pedestrian access, residential access, traffic control, and safe conditions throughout construction; (h) testing, inspections, permits, closeout documents, certified payrolls, releases, as-built information, warranties, and other documentation required by the Contract Documents or applicable CDBG requirements; and (i) all incidental and ancillary work reasonably necessary to provide complete, functional, code- compliant, and accepted improvements, whether or not every incidental item is separately identified in the Schedule of Prices. 3.4 City-Furnished Pavers. The City will furnish the pavers expressly identified in the accepted Schedule of Prices as City-purchased materials. Contractor shall coordinate delivery or pickup, inspect the pavers upon receipt, properly handle and store them, protect them from loss or damage while in Contractor’s custody or control, and install them in accordance with the Contract Documents. Contractor shall promptly notify the City in writing of any visible shortage, defect, or damage. Except for the pavers expressly identified as City-furnished, Contractor shall furnish all materials necessary to complete the Work. 4 3.5 Estimated Quantities. The quantities contained in the accepted Schedule of Prices are estimates and are not guaranteed. The City may increase, decrease, or eliminate quantities based on actual field conditions, available funding, grant requirements, and the City’s needs. Payment for unit-price Work will be based on the actual quantities incorporated into and accepted as part of the Work, multiplied by the applicable accepted unit prices. A change in an estimated quantity does not, by itself, entitle Contractor to an adjustment of a unit price or the Contract Time. 3.6 Contractor’s Review and Coordination. Contractor acknowledges that it has reviewed the Contract Documents and investigated the Project sites and existing conditions. Contractor shall verify field dimensions and conditions before performing affected Work and shall promptly notify the City in writing of any conflict, discrepancy, concealed condition, or omission before proceeding. Contractor shall coordinate the Work with the City, residents, utilities, other contractors, and governmental authorities and shall maintain safe pedestrian, residential, and emergency access as required by the Contract Documents. 3.7 No Unauthorized Work. Contractor shall perform only Work authorized by the Contract Documents, the Notice to Proceed, or a properly executed change order. Contractor shall not perform additional or changed work based on an oral direction, field discussion, email, or other informal communication. 4. CONTRACT SUM; UNIT PRICES; ALLOWANCES. The maximum amount payable under this Agreement is Six Hundred Thirty-Six Thousand Three Hundred Dollars ($636,300.00) (the “Contract Sum”), subject to authorized deductions and additions made in accordance with the Contract Documents. The Contract Sum is allocated as follows: Component Year 49 Year 50 The listed quantities are estimates. Payment for unit-price Work will be based on actual, accepted quantities multiplied by the applicable bid unit prices. The City does not guarantee any minimum quantity or expenditure. Permit allowances may reimburse only documented permit fees actually incurred for the Project. Owner’s contingency funds remain the City’s funds and may be used only at the City’s sole discretion through a written change order approved before the additional Work begins. Contractor has no entitlement to unused allowances or contingency funds. 5. CONTRACT TIME; NOTICE TO PROCEED; DELAY. 5.1 Notice to Proceed. Contractor shall not begin the Work before the City issues a written Notice to Proceed. Any work performed or cost incurred before the date stated in the Notice to 5 Proceed is at Contractor’s sole risk and expense, except as otherwise expressly provided in the Contract Documents. 5.2 Contract Time. The Contract Time begins on the commencement date stated in the Notice to Proceed. Contractor shall: (a) commence the Work no later than seven (7) calendar days after the commencement date; (b) achieve Substantial Completion within thirty (30) calendar days after the commencement date; and (c) achieve Final Completion within fifty (50) calendar days after the commencement date. Time is of the essence in Contractor’s performance of the Work. 5.3 Substantial Completion. “Substantial Completion” means the stage at which the Work, or a designated portion of the Work approved by the City, is sufficiently complete in accordance with the Contract Documents so that the City and the public may safely use the completed improvements for their intended purposes, subject only to minor corrective or incomplete items that do not materially interfere with such use. The City will determine the date of Substantial Completion after inspection of the Work. The City’s use or occupancy of any portion of the Work does not, by itself, constitute Substantial Completion or acceptance. 5.4 Final Completion. “Final Completion” means that: (a) all Work has been fully completed, inspected, and accepted by the City; (b) all punch-list and corrective work has been completed; (c) the Project sites and affected property have been restored and cleaned; (d) all required inspections and governmental approvals have been obtained; and (e) Contractor has delivered all required closeout documents, including certified payrolls, releases, warranties, as-built information, test results, permit closeouts, and other documents required by the Contract Documents or applicable CDBG requirements. 5.5 Construction Schedule. Before commencement of the Work, Contractor shall submit a detailed construction schedule showing the sequence and anticipated duration of the Work, including Substantial Completion, punch-list completion, document closeout, and Final Completion. Contractor shall update the schedule when requested by the City or whenever actual progress materially differs from the approved schedule. 6 Review of the schedule by the City does not relieve Contractor of responsibility for completing the Work within the Contract Time. 5.6 Grant Deadline. The Parties acknowledge that the Project is funded, in whole or in part, with CDBG funds subject to applicable expenditure and closeout deadlines, including the current December 15, 2026 deadline. The City will coordinate issuance of the Notice to Proceed with the applicable grant deadline. Contractor shall schedule and prosecute the Work diligently and shall promptly provide all payroll, closeout, and supporting documents necessary for the City to satisfy its grant obligations. Nothing in this subsection shortens the Contract Time established in subsection 5.2 unless the Parties expressly agree to a different completion date in a written amendment executed before issuance of the Notice to Proceed. 5.7 Contractor Delay; Recovery Schedule. If Contractor’s progress falls behind the approved schedule for reasons attributable to Contractor or its subcontractors, Contractor shall, without additional compensation, take all measures reasonably necessary to recover the schedule. Such measures may include increasing staffing, equipment, supervision, workdays, shifts, or hours, subject to applicable law and City requirements. Within three (3) calendar days after the City’s request, Contractor shall submit a written recovery schedule identifying the cause of the delay and the measures Contractor will implement to achieve timely completion. 5.8 Requests for Extension. Contractor is entitled to an extension of the Contract Time only to the extent that: (a) a delay affects the critical path of the Work; (b) the delay results from a cause beyond Contractor’s reasonable control and without Contractor’s fault or negligence; (c) Contractor could not reasonably have avoided or mitigated the delay; and (d) Contractor provides the City written notice describing the cause, anticipated duration, affected activities, and requested extension within five (5) calendar days after Contractor knew or reasonably should have known of the delay. Contractor shall provide supporting documentation and continue to mitigate the delay. Failure to provide timely notice waives the request to the extent the City is prejudiced by the delayed notice. An extension is effective only when approved in a written change order or amendment executed by an authorized City official. An extension of time is Contractor’s sole remedy for an excusable delay unless the delay is caused solely by the City’s material breach and the Contract Documents expressly authorize additional compensation. 7 5.9 Actual Delay Damages. If Contractor fails to achieve Substantial Completion or Final Completion within the applicable Contract Time, as properly adjusted, the City may recover its actual damages, costs, and expenses caused by the unexcused delay. The City may deduct such amounts from payments otherwise due, subject to applicable law. This remedy does not limit the City’s other rights under the Contract Documents. 6. PAYMENT. 6.1 Basis of Payment. The City will pay Contractor for Work properly performed and accepted in accordance with the Contract Documents. Unit-price Work will be paid based on the actual accepted quantities multiplied by the applicable unit prices in Contractor’s accepted Schedule of Prices. Lump-sum items will be paid based on the percentage satisfactorily completed. Permit allowances will reimburse only documented permit fees actually incurred for the Project. Owner’s contingency funds may be used only at the City’s discretion through a written change order approved before the additional Work begins. Contractor has no entitlement to unused allowances or contingency funds. 6.2 Applications for Payment. Contractor may submit an application for payment no more frequently than monthly. Each application must identify the Work completed, actual quantities, approved change orders, amounts previously paid, retainage, and the amount currently requested. Each application must include invoices, certified payrolls, quantity documentation, and other supporting records required by the City or applicable CDBG requirements. Contractor shall provide unconditional releases for amounts previously paid and, if requested by the City, conditional releases for amounts included in the current application. 6.3 Review and Payment. The City may inspect the Work, verify quantities, and request reasonably necessary supporting documentation before approving an application. Subject to applicable law, the City will pay an approved application within thirty (30) calendar days after receiving a complete and accurate application. If the City disputes only part of an application, it may pay the undisputed amount and withhold the disputed amount pending resolution. 6.4 Retainage and Withholding. The City will retain five percent (5%) from progress payments until Final Completion and acceptance of the Work. The City may withhold amounts reasonably necessary to protect against defective or incomplete Work, unsupported charges, claims, failure to pay subcontractors or suppliers, property damage, delay, failure to provide required records, or any other default under the Contract Documents. The City will release a properly withheld amount when the basis for withholding has been satisfactorily resolved. A surety bond, consent of surety, or other security does not excuse Contractor’s underlying obligation and may be accepted in place of withholding only in the City’s discretion. 8 6.5 Final Payment. Final payment is conditioned upon Final Completion and Contractor’s delivery of all required closeout documents, including final releases, consent of surety, certified payrolls, warranties, permit closeouts, inspection approvals, as-built information, and other documents required by the Contract Documents. No progress payment, final payment, inspection, use, or acceptance of the Work waives the City’s rights concerning defective Work, latent defects, warranties, payment errors, audit findings, grant disallowances, indemnification, or obligations that survive completion or termination. 7. BONDS AND INSURANCE. Within fourteen (14) calendar days after notice of award, and before commencement of the Work, Contractor shall furnish payment and performance bonds, each in the amount of one hundred percent (100%) of the Contract Sum, in the forms required by the Contract Documents and issued by a surety acceptable to the City. Contractor shall obtain and maintain all insurance required by the Contract Documents through completion and acceptance of the Work and for any additional period required by the applicable warranty or completed-operations provisions. All required insurance must be approved by the City before Contractor or any subcontractor begins Work. Contractor shall not begin or continue Work unless all required bonds and insurance remain in full force and effect. Any delay caused by Contractor’s failure to provide or maintain the required bonds or insurance is non-excusable and does not entitle Contractor to additional compensation or an extension of the Contract Time. 8. CHANGES IN THE WORK. The City may direct additions, deletions, or other changes within the general scope of the Work. A change to the Work, Contract Sum, or Contract Time is effective only when documented in a written change order or amendment approved by a City official with authority to approve the change. Contractor shall not perform changed or additional work based solely on an oral direction, field discussion, email, or other informal communication. Before performing such work, Contractor shall submit the cost, schedule impact, and supporting documentation required by the City. Unless otherwise approved in writing, applicable bid unit prices will be used to price changes. Work performed without prior written authorization is at Contractor’s sole risk and expense. Contractor’s acceptance of final payment does not preserve a claim for additional compensation or time unless Contractor previously submitted the claim in writing in accordance with the Contract Documents. 9 9. PROJECT ADMINISTRATION; RECORDS; FEDERAL COMPLIANCE. The City’s project representative is the Public Services Director or the Director’s written designee. The project representative may administer, inspect, and coordinate the Work but may not amend this Agreement or authorize an increase in the Contract Sum or Contract Time unless expressly authorized in writing by the City. Contractor shall comply with all recordkeeping, reporting, audit, labor, procurement, and other CDBG, HUD, federal, state, county, and City requirements contained in the Contract Documents or otherwise applicable to the Project. Contractor shall timely provide certified payrolls and all other documentation required for the City to demonstrate compliance with applicable funding requirements. Contractor shall include all required federal and grant provisions in its subcontracts and is responsible for compliance by its subcontractors and lower-tier subcontractors. An applicable legal or grant requirement is not waived merely because it is not repeated in this Agreement. 10. WARRANTY; CORRECTION; ACCEPTANCE. Contractor shall provide the warranties and perform all correction obligations required by the Contract Documents. The applicable warranty period, commencement date, scope of coverage, and Contractor’s correction responsibilities will be governed by the ITB, plans, specifications, and other incorporated Contract Documents. Contractor shall promptly correct defective or nonconforming Work covered by the Contract Documents at no additional cost to the City and shall restore property damaged in performing the corrective work. Payment, inspection, use, Substantial Completion, Final Completion, or acceptance of the Work does not waive Contractor’s warranty obligations or the City’s rights concerning defective Work, latent defects, fraud, or other obligations that survive under the Contract Documents or applicable law. 11. INDEMNIFICATION; SOVEREIGN IMMUNITY. The indemnification provisions in the ITB are incorporated into this Agreement. Nothing in this Agreement waives the City’s sovereign immunity or the limitations provided under section 768.28, Florida Statutes, or creates liability not otherwise imposed by law. Nothing in this Agreement is intended to benefit or create a cause of action in favor of a third party. 12. TERMINATION; NON-APPROPRIATION. The City may terminate this Agreement for cause or convenience in accordance with the Contract Documents. 10 Upon receipt of a termination notice, Contractor shall stop the affected Work as directed by the City, protect completed and partially completed Work, discontinue further commitments, and deliver to the City all Project records, materials, and other items for which the City has paid. Following termination, Contractor is entitled only to payment for conforming Work properly performed and accepted through the effective date of termination, together with any reasonable termination costs expressly recoverable under the Contract Documents, less amounts previously paid and amounts the City is entitled to withhold or recover. Contractor is not entitled to anticipated profit or overhead on unperformed Work. The City’s payment obligations are subject to lawful appropriation and availability of funds. If sufficient funds are not appropriated or become legally unavailable, the City may terminate this Agreement without further liability except for amounts properly payable under this section. 13. PUBLIC RECORDS. Contractor shall comply with the public-records requirements in the ITB and section 119.0701, Florida Statutes. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTRACTOR MUST CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS, ELORA RIERA, CITY CLERK, AT 954-924-6800, EXT. 3623, ERIERA@DANIABEACHFL.GOV, OR 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004. 14. E-VERIFY; LEGAL COMPLIANCE. Contractor shall comply with section 448.095, Florida Statutes, and use the E-Verify system as required by law. Contractor shall maintain all licenses and registrations required to perform the Work and shall comply with all applicable laws, codes, permits, and governmental requirements. 15. NOTICES. Formal notices under this Agreement must be in writing and delivered by hand, nationally recognized overnight courier, or certified United States mail, return receipt requested, to the addresses below. A copy may also be sent by email, but email alone is not formal notice unless receipt is acknowledged in writing. 11 CITY: City of Dania Beach Attn: Oscar Vasques, Public Services Director 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Eve A. Boutsis, City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CONTRACTOR: Huurr Homes, LLC Attn: Jaime Shlimbaum 2705 Burris Road, Unit 4A Davie, Florida 33301 jaime@huurrhomes.com 16. MISCELLANEOUS. 16.1 Entire Agreement. This Agreement and the incorporated Contract Documents constitute the entire agreement between the Parties concerning the Project and supersede all prior or contemporaneous discussions, negotiations, representations, and understandings concerning the Project. 16.2 Amendments. This Agreement may be amended only by a written document executed by authorized representatives of both Parties. Change orders must be approved in accordance with the Contract Documents and applicable City requirements. 16.3 Assignment. Contractor may not assign, transfer, or otherwise convey this Agreement or any right or obligation under it without the City’s prior written consent. Any unauthorized assignment is void. 16.4 Governing Law; Venue; Jury Waiver. Florida law governs this Agreement. Venue for any proceeding arising out of or relating to this Agreement lies exclusively in a court of competent jurisdiction in Broward County, Florida. To the extent permitted by law, the Parties knowingly and voluntarily waive trial by jury in any proceeding arising out of or relating to this Agreement. 16.5 Waiver; Severability. A waiver is effective only if made in writing by an authorized representative of the waiving Party. Waiver of one breach does not waive a later or different breach. If a provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law. 12 16.6 Survival. Provisions that by their nature should continue after completion or termination— including recordkeeping, audit, payment reconciliation, indemnification, warranty, public-records, and dispute provisions—survive completion or termination of this Agreement. 16.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original and all of which together constitute one agreement. Signatures transmitted or applied electronically have the same force and effect as original signatures to the extent permitted by law. SIGNATURES ON THE FOLLOWING PAGES 13 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 14 CONTRACTOR: WITNESSES: HURR HOMES LLC , a Florida limited liability company SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of Huurr Homes, LLC, a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida