HomeMy WebLinkAboutR-2006-117 MEF Bid Award RESOLUTION NO. 2006-117
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE AWARD OF BID TO MEF
CONSTRUCTION, INC. FOR CONSTRUCTION ACTIVITES ASSOCIATED
WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE I
PROJECT — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE
CITY WATER SYSTEM IN THE AMOUNT OF $1,944,405.00;
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission adopted Resolution 2002-120 approving the Water,
Wastewater and Stormwater Facilities Plan; and
WHEREAS, construction of the Water Main Looping Phase I Project — Water Plant To
Downtown Water Main was among the projects identified in the Water, Wastewater and
Stormwater Facilities Plan; and
WHEREAS, on May 10, 2006, the City received bids for the construction of the Water
Main Looping Phase I Project—Water Plant To Downtown Water Main; and
WHEREAS,there were four bidders for the project; and
WHEREAS, one Bidder asked to withdraw their bid due to an error, withdrawal of
which was agreed to by staff, the City Attorney and FDEP Staff, and
WHEREAS, the remaining three bids were evaluated as follows:
Total Base Bid Bid Item A
MEF Construction, Inc. $1,794,405.00 $150,000.00
GlobeTec Construction, LLC $1,975,665.00 $450,000.00
Intercounty Engineering, Inc $2,431,915.00 $100,000.00; and
WHEREAS, the City bid selection team, including the project management consultant
recommend that the low bidder, MEF Construction, Inc., be selected to perform the work and the
bid be awarded to that company in the amount of$1,794,405.00, plus Bid Item A of$150,000.00
for a total amount of$1,944,405.00;
• NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing findings are incorporated by this reference.
Section 2: That the bid shall be awarded to the low bidder, MEF Construction, Inc. in the
amount of$1,944,405.00 and the proper City officials are authorized to execute the contract for
the work; provided, however that no contract will become effective unless and until City officials
complete execution of it. Funding for the contract shall be derived from SRF loan monies (loan
amendment will be forthcoming to meet full funding needs).
Section 3. That the City Manager is designated as the authorized representative to
provide the assurances and commitments required by the loan application.
Section 4. That the City Manager is authorized to delegate responsibility to appropriate
City staff to carry out technical, financial, and administrative activities associated with the loan
agreement.
Section 5. That all resolutions or part of Resolutions in conflict with any of the
provisions of this Resolution are repealed.
• Section 6. That if any Section or portion of a Section of this Resolution proves to be
invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
force or effect of any other Section or part of this Resolution.
Section 7. That this Resolution shall become effective immediately upon its passage and
adoption.
PASSED AND ADOPTED on June 27, 2006.
TTEST: G
PATRICIA FLURY
MAYOR—COMMISSIONER
LOUISE STILSON, CMC
,WC--CITY CLERK
APPROVED AS TO AND CORRECTNESS:
BY: f" -)
THOMA, J. ANSBRO
CITY ATTORNEY
2 RESOLUTION #2006-1 17
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CONTRACTOR AGREEMENT
-� THIS AGREEMENT (the "Agreement") is entered into and effective on
k `% , 200L, between the CITY OF DANIA BEACH, a Florida municipal
corporation ("City"), having an address at 100 W. Dania Beach Blvd., Dania Beach,
Florida 33004 and MEF CONSTRUCTION,INC. ("Contractor").
RECITALS
1. City is the owner of certain real property located in the vicinity of 100
West Dania Beach Boulevard in the City of Dania Beach, Florida.
2. The City duly advertised and issued bid documents for the Project, and
Contractor submitted a proposal to construct the proposed Project.
3. City desires to retain the services of Contractor, and Contractor agrees to
perform the work required in the Project as defined in the bid documents, all as set forth
below.
. NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth below, and other good and valuable consideration, the adequacy and receipt of
which are acknowledged and agreed upon, the parties, intending to be legally bound,
covenant and agree as follows:
1. PROJECT SUMMARY.
The following summary (the "Project Summary") provides the pertinent facts
and certain general terms with regard to the Project, which is the subject of this
Agreement. Capitalized terms which are not defined in the text shall have the meanings
ascribed to them in Section 2 of this Agreement.
1.1 Project Description. The "Project" consists of the work as outlined in
Section 01010, Summary of Work.
1.2 Project Representatives. For purposes of this Project, the following •
shall serve as contact persons and as the Project Representatives for each party:
City's Project Dominic Orlando, PE Phone 954-924-3740
Representative Public Services Director No:
Contractor's Project Phone
Representative No:
Engineers Danny Weiss, P.E. Phone
Camp Dresser& McKee No: 954-776-1731
1.3 Services. The Contractor shall complete the construction of the Project
in accordance with the terms and conditions of the Contract Documents. The parties
acknowledge and agree that nothing in this Agreement shall be construed so as to provide,
grant or confer any rights to Contractor and its Subcontractors with respect to the
provision of any other services not expressly set forth in the Scope of Work and Contract
Documents.
1.4 Schedule for Performance. The Contractor shall complete the
construction of the Project pursuant to the schedule set forth in the bid documents,
which are made a part to this Agreement (the "Contract Time"). The Contract Time is
set at one hundred and eighty (180) days for Substantial Completion and two hundred
and ten (210) days for Final Completion after the Notice to Proceed is given, on the day •
indicated in the Notice to Proceed.
1.5 Compensation. It is the intent and agreement of the parties that the City
shall pay the Contractor for its performance of its obligations under this Agreement a
single Contract Sum for the Work. It is also the intent and agreement of the parties that
the Contract Sum for the construction services of the total Project shall not exceed One
Million Nine Hundred Forty-Four Thousand Four Hundred and Five Dollars
($1,944,405).
2. DEFINITIONS.
For the purposes of this Agreement, the following terms are defined:
2.1 "Change Order" means a written modification to this Agreement or the
Contract Documents or both, executed by the Contractor and City covering changes,
additions, or reductions in the terms of this Agreement.
2.2 "Attachments" means the written documents attached to the RFP by the
City.
2.3 "Building Division"means the City of Dania Beach Building Division.
2.4 "City" means the City of Dania Beach.
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• 2.5 City's Project Representative — The person(s) designated in Section 1.2,
above.
2.6 "Construction Documents" means the complete set of drawings and
documents that establish and describe the size and character of the Project as to, but not
limited to labor, materials and such other elements as may be appropriate. These
documents are sufficient in nature to accurately construct the Project.
2.7 "Contract Documents" means the RFP and its attachments, as well as all
documents related to the RFP, including but not limited to this Agreement, the Plans
and Specifications and all exhibits and documents related to them and contemplated by
them, as well as all Addenda and amendments related to each with respect to the Project
and all changes to the documents issued by City after execution of this Agreement.
2.8 "Construction Work" means the construction of the Project required of
the Contractor under the terms of this Agreement and the Contract Documents.
2.9 "Contract Sum" means the total amount to be paid by the City for the
construction services of the Project, in accordance with terms and conditions of this
Agreement.
• 2.10 "County"means Broward County.
2.11 "Day" or"Days" means a calendar day or days.
2.12 "Contractor" means MEF Construction, a Florida corporation.
2.13 "Design Services" are all design services performed by the City's
Engineer.
2.14 "Field Office" means the field office at the Project Location provided by
the Contractor.
2.15 "Final Completion" means that all Work required under the Contract
Documents has been fully and properly completed, including punch list items, issuance
of certificates of final occupancy and use, delivery of record drawings, electronic files
manuals, and performance of all required training.
2.16 "Materials" means materials, supplies, apparatus, appliances, equipment,
fixtures, machinery, tools and all other items furnished or delivered in connection with
the Project.
2.17 "Notice to Proceed" means written notification by City to the Contractor
® authorizing commencement of any phase of the Work as may be required by this
Agreement in the form attached to this Agreement as Exhibit"K".
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2.18 "Owner" means the City of Dania Beach, Florida.
2.19 "Project"means the work outlined in "Exhibit A".
2.20 "Project Location" or "Project Site" means the site where the Project is
to be constructed.
2.21 "Project Representative" means each of the professional persons selected
by City and the Contractor to act as the parties' respective representatives and to
interact with each other.
2.22 "RFP" means the City Request for Proposals, No. 05-003, including all
documents included within, attached to, and referenced in it.
2.23 "Schedule of Values" means a statement furnished by the Contractor to
the City's Project Representative, reflecting the portions of the Contract Sum allocated
to the various portions of the Work and used as the basis for reviewing the Contractor's
requisitions for payment.
2.24 "Subcontractor" means any person or entity, other than the Contractor's
own employees, employed or retained by, or under contract with the Contractor to
perform any portion of the Work.
2.25 "Subcontractor Contract" means any contract in writing between the
Contractor and a Subcontractor.
2.26 "Substantial Completion" means and includes all Work (exclusive of
items of unfinished "punch list" Work that do not preclude beneficial use of the project
site) required to complete the Work as set forth in the Contract Documents.
2.27 "Work" means the Construction Work of the Project required of the
Contractor under the terms of this Agreement and the Contract Documents.
3. ADMINISTRATION OF THE CONTRACT.
3.1 The City's Project Representative will have the authority to act on behalf of the
City to the extent provided in the Contract Documents, unless otherwise
modified by written instrument which will be issued to the Contractor. All
instructions to the Contractor shall usually be issued through the City's Project
Representative, except under special circumstances when instructions may be
issued by the City directly.
3.2 City personnel and the City's Project Representative shall at all times have
access to the Work whenever it is in preparation or progress. The Contractor
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• shall provide safe facilities for such access so the City's personnel and the City's
Project Representative may perform their functions under the contract.
3.3 The City's Project Representative will make periodic visits to the site to become
familiar generally with the progress and quality of the Work and to determine in
general if the Work is proceeding in accordance with the Contract Documents.
On the basis of on-site observations the City's Project Representative will keep
the City informed of the progress of the Work, and will endeavor to guard the
City against defects and deficiencies in the Work of the Contractor.
3.4 The City's Project Representative shall take, prepare, and distribute minutes of
all Project meetings. Communications by and with any subcontractors and
material suppliers shall be made through the Contractor. Communications by
and with any separate contractors,the City's Public Services Department, or any
City staff shall be made through the City's Project Representative.
3.5 Neither the City nor the City's Project Representative will be responsible for
construction means, methods, techniques, sequences, or procedures, or for safety
precautions and programs in connection with the Work, and neither will be
responsible for the Contractor's failure to carry out the Work in accordance with
the Contract Documents.
3.6 The City's Project Representative will have the authority to reject Work which
does not conform to the Contract Documents and to require special inspection or
testing, but shall take such action only after consultation with the City. The
City's inspectors will have the authority to reject Work which does not conform
to the Contract Documents. When the City's Project Representative considers it
necessary or advisable to insure the proper implementation of the Contract
Documents, the City's Project Representative will have the authority to require
special inspection or testing of the Work, whether or not such Work is then
fabricated, installed or completed. Neither the City or the City Project
Representative's authority to act under this subparagraph, nor any decision made
by them in good faith either to exercise or not to exercise such authority shall
give rise to any duty or responsibility of the City or the City's Project
Representative to the Contractor, any Subcontractor, any of their agents or
employees, or any other person performing any of the Work.
3.7 All interpretations and recommendations of the City's Project Representative
shall be consistent with the intent of the Contract Documents. In this capacity as
interpreter, the City's Project Representative will exercise best efforts to insure
faithful performance by both the City and the Contractor and will not show
partiality to either.
3.8 The Contractor shall forward all communications to the City's Project
Representative with copies to the City.
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3.9 The City will assist the City's Project Representative in conducting inspections •
to determine the date or dates of Substantial Completion and Final Completion,
and will receive and review written guarantees and related documents required
by the Contract. The City's Project Representative will approve Project Payment
Certificates.
3.10 The duties, responsibilities and limitations of authority of the City's Project
Representative during performance of the work as set forth in these Contract
Documents will not be modified nor extended without written consent of the
Contractor, the City's Project Representative, and the City.
3.11 Neither the City's Project Representative nor the City will be responsible for the
acts or omissions of the Contractor, any Subcontractors, or any of their agents or
employees, or any other persons performing any of the Work.
3.12 In case of termination of employment of the City Project Representative, the
City may appoint a City Project Representative whose status under the Contract
Documents shall be that of the former City Project Representative.
4. GENERAL RESPONSIBILITIES.
4.1 Overall •
4.1.1 The Contractor agrees that all design and construction documents
prepared or furnished, including, without limitation, the Plans and Specifications, have
been reviewed by Contractor and they comply with all applicable laws, statutes, codes,
rules and regulations including, without limitation, those adopted by the City, all
Environmental Laws as defined in Section 20.4 and all design requirements established
by the Florida Building Code.
4.1.2 The City has been advised by its Engineer that the design services related
to this Agreement were performed in conformance with the standards of care and
quality adopted or accepted by nationally recognized architectural and engineering
organizations, and other applicable professional organizations for similar applications
and in accordance with the Florida Building Code. Any designs, drawings, or
specifications furnished to the Contractor that are defective or contain errors, conflicts
or omissions, will be promptly corrected by the Engineer.
4.1.3 The Contractor shall be fully responsible for coordinating all the Work
required under this Agreement regardless of whether performed by its own employees
or a Subcontractor so as to insure that the services required are performed in an
efficient, timely and economical manner. The Contractor shall be responsible to City
for the services furnished to the Contractor by a Subcontractor to the same extent as if
the Contractor had furnished the service itself. The Contractor shall require in such
Contracts that the Subcontractor be bound to, and to assume toward, the Contractor all
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O the obligations and responsibilities which the Contractor, by this Agreement, assumes
toward City. Failure by the Subcontractor to comply with all of the Contractor's
obligations and responsibilities set forth in this Agreement shall be a material breach of
the Subcontractor's Contract. The Contractor also agrees to reasonably cooperate and
reasonably coordinate with the City's Project Representative and Engineers retained
directly by City.
4.1.4 The Contractor shall not specify any changes to the Plans and
Specifications so that a particular design, process or product might infringe upon any
patent. The Contractor shall indemnify and hold City, its officers and employees
harmless to the extent specified in Section 12.1 of this Contract if the Contractor
violates the requirements of this Section 4.1.4.
4.1.5 The Contractor shall construct the Project or cause it to be constructed
for City at the Project Location with supporting improvements,facilities and equipment
as described or reasonably inferable from the Contract Documents. The Contractor shall
provide, furnish and install all Materials and all Services except to the extent
specifically indicated in the Contract Documents to be furnished by or which are the
responsibility of others, as and when required for, or in connection with the design,
construction, furnishing or equipping of, or for inclusion or incorporation into, the
Project in accordance with the Contract Documents. Without limiting the foregoing, the
Contractor's Work shall be in compliance with the Contract Documents.
4.1.6 The Contractor agrees and represents that it possesses the requisite skills
to perform the Work and that the Work shall be executed in a good and workmanlike
manner, free from defects, and that all Materials shall be new and approved by or
acceptable to City, except as otherwise expressly provided for in the Contract
Documents. The Contractor shall cause all Materials and other parts of the Work to be
readily available as and when required or needed for or in connection with the
construction, furnishing and equipping of the Project.
4.1.7 The Contractor shall provide competent supervision of all phases of the
Work. The Contractor's Project Representative is identified in Section 1.2. Any
change in the Contractor's Project Representative must be approved by City, such
approval not to be unreasonably withheld. The Contractor's Project Representative
shall represent the Contractor and communications given to the Project Representative
shall be as binding as if given to the Contractor.
4.1.8 Neither City nor the City's Project Representative or Engineer makes
any warranties to the Contractor, express or implied, that the Contract Documents are
free of errors or omissions. Rather, the Contractor shall carefully study and compare
Contract Documents with each other, with information furnished by City, and shall
carefully inspect and verify field conditions, and shall at once report to the City all
errors, inconsistencies or omissions discovered. The Contractor shall not be liable for
. damages resulting from errors, inconsistencies or omissions in the information provided
by the City unless Contractor should have reasonably recognized an error, inconsistency
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or omission or knowingly failed to report it to the City. If the Contractor proceeds with
the design and performs any construction activity knowing, or with the exercise of
reasonable care, should have known that it involves a recognized or recognizable error,
inconsistency or omission without such notice, the Contractor shall assume appropriate
responsibility for such performance and shall bear an appropriate amount of the
corresponding costs for correction. The intent of the Contract Documents is to include
all items necessary for the proper performance and completion of the Work. The
Contract Documents are complementary, and what is required by any one shall be as
binding as if required by all. Work not covered in the Contract Documents shall not be
required unless it is reasonably inferable as being necessary to produce the intended
results.
4.1.9 If conditions are encountered at a site, which are (1) subsurface or
otherwise concealed physical conditions which differ materially from those indicated in
the Contract Documents or (2) unknown physical conditions of an unusual nature,
which differ materially from those ordinarily found to exist and generally recognized as
inherent in construction activities of the character provided for in the Contract
Documents, then written notice by the Contractor shall be given to City promptly before
such conditions are disturbed. If the conditions differ materially from those indicated in
the Contract Documents and were not known to the Contractor at the time this
Agreement was executed, and cause a material increase or decrease in the Contractor's
cost of, or time required for, performance of any part of the Work, an equitable
adjustment in the Contract Sum or Contract Time, or both, will be made with the
approval of City.
4.1.10 The Contractor shall prepare or cause to be prepared, as part of the
Work, all shop drawings, samples, submittals and detail drawings not made a part of the
Plans and Specifications, and Addenda which are required in the performance of the
Contractor's obligations under this Agreement. All such items shall be submitted to the
City's Project Representative. Although the City's Project Representative will review
all such items, the City's Project Representative shall not be responsible to the
Contractor for any failure of such items to comply with the Contract Documents or any
governing codes, laws or ordinances. The Contractor shall maintain copies of all such
items and maintain all samples at the Project Site and shall afford City's Project
Representative access to them at all times during regular working hours.
4.1.11 Prior to submitting the first Requisition for Payment, the Contractor shall
submit a Schedule of Submittals to the City's Project Representative for approval. The
Schedule of Submittals shall indicate the Contractor's proposed submittal dates for all
shop drawings, samples, descriptive literature, and other submittals required by the
Contract documents. Submittal dates shall be established so as not to delay any aspect
of the Work and to allow for sufficient review of submittals by the City's Project
Representative.
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At the intervals established on the approved submittal schedule, the Contractor
® shall submit six (6) copies of all shop drawings, brochures, and schedules required for
the Work of the various trades to the City's Project Representative.
These shop drawings shall be carefully checked in every respect and signed by
the Contractor before submitting them to the City's Project Representative. The City
and the City's Project Representative shall utilize the shop drawings and other
submittals for their observation and inspection of the Work, the Contractor being
responsible for all dimensions, quantities, etc., necessary to make a complete job in
compliance with Contractor's plans and specifications.
4.1.12 The Contractor shall maintain one record set of Contract Documents in
good order and marked currently to record all changes made during construction and an
accurate location of all portions of the Work sufficient to prepare accurate as-built Plans
and Specifications. All of these, including the as-built Plans and Specifications, shall be
delivered to the City's Project Representative upon Final Completion of the Work for
review and incorporation into the record set of documents.
4.1.13 The Contractor shall deliver to the City's Project Representative all
equipment data, along with its recommended spare parts list, maintenance manuals,
manufacturers' warranties and operations manuals as may be required for City's
employees, agents or contractors to maintain and operate any equipment delivered as
• part of the Work.
4.1.14 Required certificates of inspection, testing or approval shall be obtained
by the Contractor and promptly delivered to City's Project Representative. If City or
the City Project Representative desires to observe the inspections, tests or approvals
required by the Contract Documents, City shall notify the Contractor of that desire, and
the Contractor shall notify the City and the Engineer of the dates and times of the
inspections, tests or other approvals.
4.1.15 The Contractor shall pay all sales, consumer, use and other similar taxes
for the Work or portions of each that are legally required at any time during the
Contractor's performance of the Work.
4.1.16 The Contractor shall pay all royalties and license fees that are legally
required at any time during the Contractor's performance of the Work. The Contractor
shall defend all suits or claims for infringement of any patent, copyright and trademark
rights and shall indemnify and hold City harmless from any loss, liability or expense
related in any way to them, including attorneys' fees (at both the trial and appellate
levels) except that City shall be responsible for all such loss when a particular design,
process or the product of a particular manufacturer or manufacturers is specified by City
itself, but if the Contractor has reason to believe that the design, process or product
specified is an infringement of a patent, copy right or trademark, the Contractor shall be
responsible for such loss, liability or expense unless the Contractor promptly gives such
information in writing to City and the City's Project Representative; provided, however,
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that Contractor's maximum liability for such loss, liability or expense shall be the limits •
of the professional liability insurance policy provided by Contractor pursuant to Section
11 of this Agreement.
4.1.17 The Contractor and any Subcontractors shall use their best efforts to
cooperate with the City during the period of construction of the Project in order to
minimize disruption of services.
4.1.18 Minimum Wages. This Agreement is subject to the following provisions
of Section 8.141, "Rate of Wages, fringe benefits on city construction contracts":
Sec. 8-141 Rate of wages, fringe benefits on city construction contracts.
(a) Establishment of minimum wages. Every construction contract in
excess of fifty thousand dollars ($50,000.00) to which Dania Beach is a
party shall include a provision that the rate of wages and fringe benefits,
or cash equivalent, for all laborers, mechanics and apprentices and
similar jobs (i.e., non-office), listed by the department of labor,
employment standards administration, wage and hour division and
employed by any contractor or subcontractor on the work covered by the
contract shall not be less than the prevailing rate of wages and fringe
benefit payments or cash equivalent for similar skills or classifications of
work as established by the general wage determinations issued under the
Davis-Bacon and Related Acts, U.S. Department of Labor, Employment
Standards Administration, Wage and Hour Division, for Broward
County, Florida.
(b) Implementation of the department of labor general wage
determinations. The prevailing wage rate and fringe benefit payments to
be used in the implementation of this section shall be those last published
by the U.S. Department of Labor as noticed in the federal register and
reported in the general wage determinations issued under the Davis-
Bacon and Related Acts prior to the date of issuance of specifications by
Dania Beach in connection with its invitation for bids.
(c) Notice requirement. On the date an employee commences work on
a construction contract to which this section applies, the contractor shall
be required to post a notice in a prominent place at the work site stating
the requirements of this section.
4.2 Schedule, Cost Breakdown and Contractor's Team List
4.2.1 The Contractor, as a part of its proposal is required to develop and
submit, in a digital format, acceptable to the City, a detailed description of the
construction schedule for the Work, and a list of Contractor's team members.
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4.2.2 The construction schedule shall indicate all of the Contractor's activities
(including those necessary for approval of construction documents, and
construction) necessary for the completion within the time limits
established by the Contract Documents.
4.2.3 An updated schedule shall be revised and submitted to the City's Project
Representative on a monthly basis (unless otherwise mutually agreed in
writing by the City's Project Representative and Contractor) to reflect
actual progress and changing conditions encountered during the Work.
4.2.4 The construction schedule shall be related to the Project as described
previously in this Agreement, and shall be related to the Work required
by any phases of Work defined by the Contract Documents, as well as
any Work completed by the City using its own forces or separate
Contractors.
4.2.5 The construction schedule shall coincide with the time limits stipulated
by the Contractor's proposal and as issued within the Notice to Proceed
(NTP) authorizing the Contractor's commencement of Work. If the
Contractor's schedule does not entail the full performance period of the
Work, the remaining time or "float" shall be used at the discretion of the
City and shall not serve as the basis for any delay claim.
4.2.6 The Schedule of Values shall serve as the basis for the Contractor's
applications for payment.
4.2.7 The Subcontractor's list shall be based upon and include names of
Subcontractors, persons or entities (including those who are to furnish
materials or equipment fabricated to a special design proposed for all
portions of the Work as submitted to the City's Project Representative
with the Contractor's proposal) and shall reflect any additions for those
elements of Work further identified during the Contractor's review of
construction documents. Changes to the list of Subcontractors submitted
with the Contractor's proposal shall only be made with the approval of
the City's Project Representative and shall not be based upon the
Contractor's bidding of principal portions of the Work subsequent to the
date of the Contract.
5. CONSTRUCTION SERVICES.
5.1 Basic Services.
5.1.1 The Contractor shall be provided a complete set of plans and
• specifications for the permitting and construction of the Project (collectively referred to
as the "Plans and Specifications" or "Construction Documents"). The Contractor will
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review the Plans and Specifications to ensure that they are adequate and fit to •
accomplish the intended purpose of the Project.
5.1.2 The Contractor shall be responsible for preparing and filing the
documents required for approval of governmental and governing authorities having
jurisdiction over the Project to ensure that final approval and permits for the
performance of the Work will be obtainable prior to the Construction Phase. Such
documents shall be submitted to City's Project Representative for review and approval
prior to filing with such authorities. The Contractor shall coordinate with permitting
agencies and shall participate in meetings with appropriate agencies and respond to and
incorporate appropriate preliminary and final permit review comments.
5.1.3 The Contractor shall procure surveys as required describing
physical characteristics, legal limitations and utility locations for the Project Location.
The surveys may include, as applicable, grades and lines of streets, alleys, pavements
and adjoining structures; adjacent drainage; rights-of-way, restrictions, easements,
encroachments, boundaries and contours of the site; locations, dimensions and
necessary data pertaining to existing buildings, other improvements and information
concerning available utility services and lines, both public and private, above and below
grade, including inverts and depths. All the information on the survey shall be
referenced to a Project benchmark.
5.1.4 The Contractor shall furnish to City's Project Representative for
review and approval, a description of key personnel to be used on the Project. Such
description shall include a current resume of academic training and professional
experience. Contractor represents to the best of its knowledge that the descriptions and
resumes submitted to City pursuant to this Agreement shall be true in all material
respects. The Contractor shall not substitute any personnel without City's prior written
consent. Before any such substitution, Contractor shall submit to City a detailed
justification supported by the qualifications of any proposed replacement.
5.2 Construction Phase.
5.2.1 The Contractor shall be responsible for coordinating with the
City's Project Representative in order to prepare and file the documents required for the
approval of governmental authorities having jurisdiction over the Project.
5.2.2 Throughout the course of construction, the Contractor shall
maintain an up-to-date set of Plans and Specifications and reproducible drawings, which
show and describe all clarifications, addenda, substitutions and approved Change
Orders. Upon Final Completion, the Contractor shall provide the City's Project
Representative with a set of record drawings and electronic files, as directed by the
City's Project Representative, showing the complete Project as built (incorporating data
concerning as-built conditions) as well as specifications and other documents as may be
required by the City's Project Representative. This shall include all changes in the
Work during the Construction Phase.
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• 5.2.3 During the construction phase, the Contractor shall reasonably cooperate
with, and respond to, any reasonable requests or requirements of the City's Project
Representative.
6. PROJECT REPRESENTATIVE'S RESPONSIBILITIES
If requested by City, the Project Representative shall prepare proposed Change
Orders with supporting detailed cost documentation and data for City's approval and
execution in accordance with the Contract Documents. If requested by City, the Project
Representative shall evaluate the detailed cost estimate and scope of the Contractor's
proposals with respect to proposed Change Orders and substitutions proposed by a
Contractor and make recommendations to City. The Project Representative has no
authority to authorize changes in the Contract Documents of any kind or to modify any
deadlines for completion of Work specified in the Contract Documents.
7. TIME FOR PERFORMANCE FOR CONSTRUCTION.
7.1 The Contractor shall commence performance of the construction phase
of the Work and shall diligently proceed with the performance of the construction phase
of the Work to completion, and agrees to complete the performance of the entire Work
within two hundred and ten (210) days (the "Contract Times") following Contractor's
receipt of the Notice to Proceed. If the Contractor is delayed in the performance of the
• Work by fire or unavoidable casualties not the fault of the Contractor or other causes
beyond the Contractor's control, then the "Substantial Completion Date" (defined as the
date occurring within the number of days equal to the Contract Time after Contractor's
receipt of the applicable Notice to Proceed), shall be extended for a period equal to the
length of such delay to the extent that such delay impacts an activity of the Contractor
that is a critical path activity and only if within ten (10) calendar days after the
Contractor knows or should have known of any such delay the Contractor delivers to
the City's Project Representative, a written request for extension for such delay, and
such request is approved by the City's Project Representative, which approval shall not
be unreasonably withheld by the City's Project Representative. In case of a continuing
cause of delay of a particular nature, the Contractor shall be required to make only one
such request.
7.2 The applicable Substantial Completion Date and the applicable Contract
Time take into full consideration the effect of inclement weather during the construction
period and such effect on both cost and time for completing the Work is accounted for
in the Contract Sum, and the Substantial Completion Date (as defined in Section 7.1).
The Substantial Completion Date incorporates the Contractor's expectation that it will
experience a number of working days of weather delay during construction of the
Project. An extension of a Contract Time for weather delays may be requested only for
delays caused by adverse weather which affects scheduled working hours on scheduled
work days (but excluding any legal holiday unless previously scheduled) and only after
• the Contractor has previously been delayed by weather for at least the number of
anticipated working days of weather delays as first mentioned above and then only to
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the extent of the actual number of days' delay in those activities which are critical path
activities. The Contractor shall provide City with written notice of all delays claimed 40
due to weather, and such written notice shall identify the critical path activity(ies)
affected and shall be delivered within five (5) days of the delay. City shall determine
whether extension of the Contract Time is justified. Extension of time shall be the
Contractor's sole remedy for any such delay.
7.3 Delays that affect those activities not identified on the Project's critical
path shall not be considered for a Contract Time extension unless the delay shall have
been caused by acts constituting intentional interference by City or the City's Project
Representative, which shall include, but not be limited to, the failure of the City's
Project Representative to timely respond to approval requests of the Contractor's
Project Representative about the Contractor's performance of the Work, and then, only
to the extent that such acts continue after the Contractor has provided written notice to
City of such interference. City's exercise of any of its rights under Section 7, regardless
of the extent or number of such changes, or City's exercise of any of its remedies of
suspension of the Work, or requirement of correction or replacement of any defective
Work, or its strict adherence to the Contract Documents shall not under any
circumstances be construed as intentional interference with the Contractor's
performance of the Work.
7.4 Substantial Completion
7.4.1 When the Contractor considers that the Work, or portion of it which the
City's Project Representative agrees to accept separately, is substantially complete, the
Contractor shall prepare and submit to the City's Project Representative a Certificate of
Substantial Completion (in the standard AIA form) along with a comprehensive list of
items to be completed or corrected. The Contractor shall proceed promptly to complete
and correct items on the list. Failure to include an item on such list does not alter the
responsibility of the Contractor to complete all Work in accordance with the Contract
Documents.
7.4.2 Project Close-out submittals required by the Contract documents for the
Work, or portion of it, shall be submitted by the Contractor at the time of the request for
the City's Project Representative inspection. The City's Project Representative will
review Project closeout submittals with the City for content, accuracy, and format. If the
City's Project Representative disapproves or rejects any Project closeout submittal, it
shall be returned to the Contractor for correction and modification. The Contractor shall
then submit the revised and corrected Project closeout submittals to the City's Project
Representative for review and approval. The Contractor shall continue to revise and
resubmit Project closeout submittals until all required submittals have been accepted by
the City's Project Representative. The City's Project Representative will forward
approved Project closeout submittals to the City prior to the Final Completion.
Corrections or modifications of Project closeout submittals shall not be used as
justification for a time extension.
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• 7.4.3 Upon receipt of the Contractor's Request for Substantial Completion
Inspection, the City's Project Representative will make a preliminary inspection to
determine whether the Work or designated portion of it is ready for a Substantial
Completion inspection.
7.4.4 If the City's Project Representative inspection discloses any item,
whether or not included on the Contractor's list, which is not in accordance with the
requirements of the Contract Documents and which would preclude beneficial
occupancy and would render the Work not Substantially Complete, the Contractor shall
correct such item upon receipt of a list provided to it by the City's Project
Representative. The Contractor shall then submit another request for inspection by the
City's Project Representative to determine the completion status of the Work or
designated portion of it.
7.5 The City's Project Representative may direct the Contractor to expedite
the Work by whatever means the Contractor may use, including, without limitation,
increasing manpower or working overtime to bring the Work back within the then
currently submitted and approved Progress Schedule. If the expediting of Work is
required due to reasons within the control or responsibility of the Contractor, then the
additional costs incurred shall not result in an increase in the Contract Sum.
7.6 Delays and Damages
7.6.1 If the Contractor shall neglect, fail, or refuse to complete the Work by
the Substantial Completion Date,subject to any proper extension granted by City, then
the Contractor agrees to pay to City, or to cause the Contractor's surety to pay to City,
One Thousand Dollars ($1,000.00) per day, not as a penalty, but as liquidated damages
for the damages ("Liquidated Damages") that would be suffered by City as a result of
delay for each and every calendar day that the Contractor shall have failed to complete
the Work by the Substantial Completion Date. The same amount shall be paid for each
and every calendar day that the Contractor shall have failed to complete the Work by
the Final Completion Date. The amounts are fixed and agreed upon by and between the
Contractor and City because of the difficulty of fixing and ascertaining the actual
damages City would in such event sustain, and the amount is agreed to be the amount of
damages that City would sustain. The amount may be retained by City from periodic
pay estimates or from retainage, but if the amount owing or retained is insufficient to
fully pay City Liquidated Damages, the Contractor agrees to pay, or cause the
Contractor's surety to pay, the insufficiency to City.
7.6.2 The Contract shall not be terminated nor the Contractor charged with
liquidated damages because of any delays due to unforeseeable causes beyond the fault
or negligence of the Contractor, including, but not restricted to acts of God, acts of
Government, acts of the City, fires, floods, epidemics, strikes with which the Contractor
has no direct connections, and unusually severe weather (does not include normal
• average number of days of inclement weather which were anticipated and did occur
within the period of the Contract time limit). The Contractor shall, within ten (10) days
15
from the beginning of such delay, notify the City's Project Representative in writing of •
the causes of delay.
7.6.3 The Contractor shall take into account all contingent work which has to
be done by other parties, arising from any cause whatsoever, and shall not plead want of
knowledge of such contingent work as an excuse for delay in the Work, or for the
nonperformance of Work.
7.6.4 No damages, including costs for additional home office expenses and
extended job overhead, shall accrue to the Contractor for delay. Provisions of this
Contract concerning delays shall provide solely for extensions of time for the
acceptance of the Project.
8. CHANGE ORDERS.
8.1 From time to time, the City's Project Representative may authorize changes
in the Work, issue additional instructions, require additional Work or direct the
omission of Work previously ordered. Only those changes in the Work that are
approved on a Change Order in the form of Exhibit "B" and executed by an authorized
representative of City ("Change Order"), shall be binding on City.
8.2 The City's Project Representative may order changes in the Work by
initiating a change order request ("Change Order Request"), setting forth in detail the
nature of the requested change. Upon receipt of a Change Order Request, the
Contractor shall prepare a statement setting forth in detail, with a suitable detailed
breakdown by trades and work classifications with respect to a change in the scope of
the construction and a detailed breakdown of the time and expenses related to the design
phase, the Contractor's estimate (the "Contractor's Estimate") of the changes in the
Contract Sum attributable to the changes set forth in such Change Order Request and
proposed adjustments, if any, to the Substantial Completion Date resulting from such
Change Order Request. If the City and the Contractor agree on a cost ("Agreed Cost"),
a Change Order shall be processed by the City and the City's Project Representative and
delivered to the Contractor for signature. Contractor shall not commence changes in the
Work until it receives City's written Notice to Proceed and the Change Order is
executed. Agreement on any Change Order shall constitute a final settlement on all
items in it, including without limitation any adjustment in the Contract Sum, the
Substantial Completion Date, subject to performance and payment therefor pursuant to
the terms of this Agreement and such Change Order. Work provided by unit price may
be increased or decreased in quantity as directed by City approval, provided that the
basis for adjustment of the Contract Sum shall be the unit prices agreed upon by the
City upon the date of this Agreement.
8.3 In the event the City's Project Representative and the Contractor cannot
agree on any adjustment in the Contract Sum, extensions to the Contract Time, or
adjustment to the Substantial Completion Date, the Contractor shall nevertheless •
proceed to perform the Work required by City's Change Order Request upon receipt of
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• City's written Notice to Proceed. The Contractor shall keep separate records of all costs
and time required to perform the Work required by the Change Order Request, and an
equitable adjustment will be made upon written agreement between the Contractor and
the City. The Contractor shall submit its time and material costs that accrue as a result
of the Change Order Request on a weekly basis. If the City's Project Representative
does not approve such submittals within seven (7) days following submission, the
Contractor may cease the work related to such Change Order Request until the parties
agree upon the terms and conditions of such Change Order Request.
8.4 In the event that changes in the Work are required on an emergency basis
in order to protect the health and safety of the public, the Contractor shall proceed at the
direction of the City's Project Representative without a written Change Order from
City. The Contractor shall keep separate records of all costs and time required to
perform the Work. After review and approval by the City's Project Representative, the
Contractor shall invoice City based on a time and materials basis. In the event that the
Work can be stopped without any further harm to the public but additional Work is
necessary, the Contractor shall deliver the Contractor's Estimate to the City's Project
Representative as soon as practical and the requirements of Sections 8.2 or 8.3 as
applicable shall be met before the Contractor resumes the changes to the Work.
8.5 It is understood and agreed that refinement and detailing will be
accomplished from time to time with respect to the Plans and Specifications. No
adjustment in the Contract Sum or the Substantial Completion Date shall be made
unless (a) such refinement or detailing results in material changes in the scope, quality,
function or intent of the Plans and Specifications, and Addenda not reasonably inferable
or expected by a Contractor of the Contractor's experience and expertise, (b) the
Contractor advises the City's Project Representative in writing within seven (7)
calendar days of the Contractor's receipt of the refinements and details that an
adjustment is required, and (c) the City's Project Representative agrees, in writing, to
the adjustment.
8.6 Should the Contractor or any of its Subcontractors commence with Work
without making a claim in writing for extra time or compensation, it will be construed
as an acceptance and agreement by such person that any such Work is required under
the contract and no future claim for such extras will be considered or allowed by the
City.
9. PAYMENTS.
9.1 In full consideration of the full and complete performance of the Work
and all other obligations of the Contractor, City shall pay to the Contractor the Contract
Sum for the Construction Work, subject to additions and deductions as provided in this
Agreement.
• 9.2 On or before the first day of each month during the performance of the
Work, or such other day of the month agreed to by the parties, the Contractor shall
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submit to the City's Project Representative for its approval an original Request for
Payment in the form attached as Exhibit "C" or in a form as otherwise approved by
City, such as a standard A.I.A. form. Submission of any original certificates, waivers of
liens and claims, or other documents required in this Agreement to be submitted, is a
condition precedent to City's obligation to pay Contractor. Fifteen (15) days prior to
the first Request for Payment, the Contractor shall prepare, and submit to the City's
Project Representative for its approval a schedule of values allocating the various
portions of the Work (the "Schedule of Values"). The Schedule of Values approved by
the City's Project Representative shall be used as a basis for reviewing the Contractor's
Request for Payment. The Request for Payment shall show a complete breakdown of
(a) the Cost of the Work for all requested costs for construction of the Project
components including all labor and Materials, (b) the actual portion of the Work
completed and the amount due, (c) the share of the Cost of the Work allocated to that
portion of the Work as set forth in Schedule of Values, (d) the percentage of the
Contract Sum attributable to the actual portion of the Construction Work completed (e)
an itemization of all disbursements to Subcontractors, materialmen, vendors and
miscellaneous suppliers and shall be accompanied by originals of vendors' original
invoices, certified payrolls and payroll registers (when requested by the City's Project
Representative), and (f) such supporting evidence as may be required by the City's
Project Representative including, but not limited to, the documents set forth in Section
9.9 below, all in a form and substance acceptable to the City's Project Representative.
The Request for Payment shall constitute a representation to the City's Project
Representative that (i) the Work has progressed to the point indicated, (ii) the quality of
the Work is in accordance with the Plans and Specifications, and (iii) all monies
previously reimbursed by the City to the Contractor have been disbursed to the
appropriate Subcontractors, materialmen, vendors and miscellaneous suppliers based
upon the prior Request for Payment. Provided that the Contractor submits all required
documentation as required in this Section, City shall tender all payments to the
Contractor within thirty (30) calendar days of receipt of the Request for Payment or
sooner if practicable less any retainage required by Section 9.5 below and minus
amounts, if any, for which City has withheld funds pursuant to its rights under any
portion of the Contract Documents. Inadequately supported charges are subject to
disallowance, however, City will make payments of the balance of the Request for
Payment when such amounts are approved.
9.3 The City and the City Project Representative shall review each such
Request for Payment and may make such exceptions as the City reasonably deems
necessary or appropriate under the state of circumstances then existing. In no event
shall City be required to make payment for items to which City reasonably takes
exception.
9.4 City shall make payment to the Contractor in the amount approved,
subject to the provisions of Section 9.2. The payment of any Request for Payment by
City, including the Final Request, does not constitute approval or acceptance by City of
any item of the Work in such Request for Payment, nor shall it be construed as a waiver •
of any of City's rights under this Agreement or at law or in equity.
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• 9.5.1 The Contractor agrees that ten percent (10%) of the amount due for
Work as set forth in each Request for Payment where such Work is performed under a
Subcontractor Contract that authorizes Contractor to hold retainage shall be retained by
City until fifty percent (50%) completion of such Work. After 50% completion of such
Work, the City will reduce retainage to five percent (5%) of the amount of retainage
withheld from each subsequent Request for Payment made by the Contractor. 50%
completion is the point at which the City has expended 50% of the total cost of the
Work as identified in the contract, together with all costs associated with existing
change orders and other additions or modifications to the construction services provided
for in the contract.
9.5.2 After 50% completion of the Work, the Contractor may elect to withhold
retainage from payments to its subcontractors at a rate higher than 5%. The specific
amount to be withheld must be determined on a case-by-case basis and must be based
on the Contractor's assessment of the subcontractor's past performance, the likelihood
that such performance will continue, and the contractor's ability to rely on other
safeguards. The Contractor shall notify the subcontractor, in writing, of its
determination, and the Contractor may not request the release of such retained funds
from the City.
9.5.3 After 50% completion of Work, the Contractor may present to the City, a
• Request for Payment for up to one—half of the retainage held by the City. In this case,
the City has no obligation to release such retainage but may do so in its sole and
absolute discretion. However, the Contractor shall remain liable for Subcontractor Work
and for any unpaid laborers, vendors, materialmen, suppliers or Subcontractors in the
event it is later discovered that' Work is deficient or that any laborers, vendors,
materialmen, suppliers., or Subcontractors did not receive payment due to them on the
project. The above conditions do not apply to construction services purchased by the
City which are paid for, in whole or in part, with federal funds and are subject to federal
grantor laws and regulations or requirements that are contrary to any provision of the
Florida Prompt Payment Act.
The above conditions do not apply to construction services purchased by the
City which are paid for, in whole or in part, with federal funds and are subject to federal
grantor laws and regulations or requirements that are contrary to any provision of the
Florida Prompt Payment Act.
The City is not prohibited from withholding retainage at a rate less than 10
percent of each request for payment, or from incrementally reducing the rate of
retainage pursuant to a schedule provided for in the Contract, or from releasing at any
point all or a portion of any retainage withheld by the City which is attributable to the
labor, services, or materials supplied by the Contractor or by one or more
Subcontractors or Suppliers. If the City makes any payment of retainage to the
Contractor which is attributable to the labor, services, or materials supplied by one or
19
more Subcontractors or Suppliers, the Contractor shall timely remit payment of such •
retainage to those Subcontractors and Suppliers.
The City is not required to pay or release any amounts that are the subject of
good faith dispute, the subject of a claim brought pursuant to Florida Statute 255.05; or
otherwise the subject of a claim or demand by the City or Contractor.
The same limits for payment of a payment request apply regardless of whether
the payment request is for, or includes, retainage.
Sections 9.5.1, 9.5.2 and 9.5.3 do not apply to construction services purchased
by a public entity which are paid for, in whole or in part, with federal funds and are
subject to federal grantor laws and regulations or requirements that are contrary to any
provision of the Florida Prompt Payment Act.
The above does not apply to any construction services purchased by a public
entity if the total cost of the construction services purchased as identified in the contract
is $200,000 or less.
9.6 Within thirty (30) days after Final Completion of the Work and
acceptance by City or as soon thereafter as possible, the Contractor shall submit a final
request for payment ("Final Request"), which shall set forth all amounts due and
remaining unpaid to the Contractor (including the unpaid portion of the retainage) and •
upon approval by the City's Project Representative, City shall pay to the Contractor the
amount due under such Final Request ("Final Payment") within thirty (30) days of the
satisfaction of requirements for Final Payment as set forth in Section 9.7 below.
9.7 The Final Request shall not be made until the Contractor delivers to the
City complete original releases of all liens and claims signed by all Subcontractors,
materialmen, suppliers, and vendors on the form Certificate of Subcontractor & Final
Waiver of Liens and Claims attached as Exhibit "D" and an affidavit that so far as the
Contractor has knowledge or information, the releases include and cover all Materials
and Work for which a lien or claim could be filed. The Contractor may, if any
Subcontractor, materialman, supplier or vendor refuses to furnish the required Final
Waiver of Lien, furnish a bond satisfactory to City's Project Representative to defend
and indemnify City and any other property owner, person or entity City may be required
to indemnify against any lien or claim. In addition, and as a condition precedent to
City's obligations to make Final Payment, the Contractor shall execute and deliver to
the City's Project Representative (a) a Certificate of Contractor & Final Waiver of
Liens and Claims of the Contractor on the form attached as Exhibit "E" and (b) the
written consent of Contractor's surety. Notwithstanding the foregoing, provided the
Contractor's surety provides the City with its unqualified consent to Final Payment, the
following method for Final Payment shall be followed. Within thirty (30) days
following the City's approval of the Final Request, City shall pay the Contractor the
amount due under such Final Request less (i) the remaining portion of the Contract •
Sum, (ii) any retainage of Contract Sum held by City, and (iii) cost savings, if any.
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• Following delivery by Contractor to the City's Project Representative of the original
releases of all liens and claims signed by all Subcontractors, materialmen, suppliers and
vendors, as well as the documents set forth in subsections (a) and (b) above, the City
shall pay the Contractor the remaining amounts in the Final Request for items (i), (ii),
and (iii) above.
9.8 Any provision of this Agreement to the contrary notwithstanding, City
shall not be obligated to make full payment to the Contractor if any one or more of the
following conditions exists:
a. the Contractor is in default of any of its obligations under any of
the Contract Documents or is in default of any other obligation
owed by Contractor to City under this Agreement or any other
agreement or transaction between the Contractor and City in
connection with the Project; or
b. any Work is defective or not performed in accordance with the
Contract Documents; or
C. the Contractor has failed to make payments within ten (10) days
of receipt of payment from City to any Subcontractor or for
Material or labor used in the Work for which City has made
• payment to the Contractor; or
d. if City, in its good faith judgment, determines that the portion of
the Contract Sum then remaining unpaid will not be sufficient to
complete the Work in accordance with the Contract Documents
whereupon no additional payments will be due the Contractor
unless and until the Contractor, at its sole cost, performs a
sufficient portion of the Work so that such portion of the Contract
Sum then remaining unpaid is determined by City to be sufficient
to so complete the Work.
The City's Project Representative, in the exercise of reasonable discretion, shall
determine the value associated with such conditions and shall act to reduce Contractor's
payment by the determined amount.
9.9 Contractor shall use the sums paid to it pursuant to this Article 9 solely
for the purpose of performance of the Work and the construction, furnishing, and
equipping of the Work in accordance with the Plans, Specifications, and Addenda and
payment of bills incurred by the Contractor in performance of the Work. With the
submission of each Request for Payment the Contractor shall furnish to the City's
Project Representative a Certificate of Contractor & Partial Waiver of Lien on the form
attached as Exhibit "F" and a certified statement accounting for the disbursement of
• funds received from City. Such statement shall itemize all disbursements to
Subcontractors, materialmen, and vendors, and if required by City, shall be
21
accompanied by copies of subcontract payment vouchers, vendors' invoices, payrolls •
and other data substantiating actual expenditures, as well as a Certificate of
Subcontractor & Partial Waiver of Lien, from each Subcontractor, materialman, or
vendor, on the form attached as Exhibit "G" As a condition precedent to the receipt of
Final Payment, all such parties shall submit a full and final waiver and release of
mechanic's lien rights for all sums due under their respective Subcontractor Contracts,
purchase orders or other agreements. However, no provision in this Agreement shall be
construed to require the City's Project Representative to see to the proper disposition or
application of the monies so advanced to the Contractor, except to the extent provided
in Section 9.7.
9.10 Contractor shall promptly pay all bills for labor and material performed
and furnished by its Subcontractors, suppliers, vendors, and materialmen, in connection
with the construction, furnishing and equipping of the Project and the performance of
the Work.
9.11 The term "Cost of the Work" shall mean those actual costs necessarily
incurred and paid or payable by the Contractor in connection with the proper
performance of all the Work excluding those items set forth in Section 9.12, and shall
include the following items:
9.11.1 Wages paid for labor in the direct employ of the Contractor in the
performance of the Work at the Project location including actual effective FICA, state
and federal unemployment taxes, group insurance, Workers' Compensation insurance,
and benefits required by law or collective bargaining agreements, and for personnel not
covered by collective bargaining agreements, customary benefits such as sick leave,
medical and health benefits, holidays, vacations, and pensions provided such costs are
based on the actual wages and salaries of such employees. Any overtime premium or
shift differential expense to be incurred by the Contractor shall require the City's
advance written approval if the incremental cost of the overtime premium or shift
differential will be considered a part of Cost of the Work. Overtime premium will not
be considered part of the Cost of the Work unless the individual has worked forty (40)
hours during that same pay period (not to exceed one (1) week) on the Project or the
individual worked on the weekend at the City's request. Overtime wages paid to
salaried personnel (if approved in advance in writing by the City's Project
Representative) will be limited to the actual rate of overtime paid to the individual. No
payroll charges or other reimbursements for overtime hours worked on the Project will
be allowed if the individual is not paid for the overtime work. Payroll labor charges
shall list individual employee names, employee numbers (i.e. social security numbers),
titles/classifications, actual hourly base rates, and included benefits. Payroll labor
charges shall be compiled on a weekly basis, substantiated by a certified payroll
register. Although the Contractor will submit its billings for payroll and benefits on a
percentage basis, prior to final payment the Contractor shall adjust its billing to reflect
the lower of actual or effective payroll tax and insurance rates.
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• 9.11.2 Salaries and actual benefits (as described in Section 9.11.1
above) of the Contractor's supervisory or administrative personnel stationed at a field
office, or with City's prior written agreement at the Contractor's home office, for the
Work and employees engaged, at shops or on the road, in expediting the inspection,
production or transportation of the material or equipment for the Work. The number of
employees in these classifications, and the rates of pay, shall be subject to prior written
approval of the City's Project Representative. All associated labor charges must be
detailed and•substantiated by certified payrolls.
9.11.3 If approved in advance in writing by the City's Project
Representative, reasonable transportation, traveling and lodging expenses of
representatives of the Contractor incurred in the discharge of duties related to the Work.
9.11.4 The cost (including transportation, storage, operating and normal
maintenance costs) of all materials, equipment, temporary structures which house
equipment, materials, and supplies purchased or rented for use on the Project. For
qualified tools and equipment to be rented by the Contractor from its own stock or the
stock of its affiliates, subsidiaries or related parties (collectively, "Contractor's Stock"),
the Contractor shall submit to the City's Project Representative a detailed listing of such
tools and equipment, together with the applicable rental rates (on an hourly, daily,
weekly and monthly basis), the estimated total rentals (based on the most economical
rental period), the proposed use of the tools and equipment, the original purchase price
® and the date of purchase and the estimated current fair market value; provided,
however, the parties acknowledge and agree that rentals from Contractor's Stock is not
expected. No rental costs for tools and equipment rented from Contractor's Stock shall
be included in the Cost of the Work unless the City's Project Representative is provided
with the foregoing information and City gives advance written approval of such rental.
For equipment and tools rented from Contractor's Stock, the Contractor shall maintain
daily equipment usage reports noting the hours and usage, as well as idle and standby
time. Such equipment usage reports shall be used to determine whether hourly, daily,
weekly or monthly rates shall apply, and Contractor's billings shall be based upon the
most economical rates to City. Rental rates for vehicles shall include insurance, and
shall not exceed $650 (Six Hundred and Fifty Dollars) per month for vehicles three
years or more of age. Rental rates for equipment shall not exceed the current market
rental rates from local third party equipment rental companies.
The Contractor shall maintain and submit to the City's Project Representative on
a monthly basis a detailed inventory of all rented equipment with a market value of
$500.00 (Five Hundred Dollars) or more used on the Project, including equipment
owned by the Contractor, if any. For each piece of such rented equipment, such
inventory shall contain: (a) the rental rate for the piece of equipment, (b) the anticipated
duration of the rental period, and (c) the total anticipated rental to be paid for the
equipment. Based on such inventory, the City's Project Representative shall have the
option to purchase such equipment with any increase between the anticipated rental rate
• and the purchase price added to the Contract Sum for Construction Work by Change
Order.
23
Equipment rented or supplied by the Contractor must be initially rented or
supplied in good working condition. Capital improvements and overhauls are not
chargeable to City. Daily, weekly or monthly rental rates are to be billed when they
result in cost savings to City. City reserves the right to dispose of all such materials,
equipment, temporary structures, tools and supplies which shall have been purchased,
when no longer required for the Work.
9.11.5 Amounts due under all Subcontractor Contracts made in
accordance with the provisions of the Contract Documents. All contracts issued to
Subcontractors must be let in accordance with the Contract Documents. Any deviations
must have prior written approval from the City's Project Representative.
9.11.6 The cost of telephone, postage, photographs, blueprints, office
supplies, first aid supplies and related miscellaneous costs reasonably incurred in direct
support of the Work at the Project Location.
9.11.7 Premiums (Net) on bonds and insurance, if any, that the
Contractor is obligated to secure and maintain under the terms of the Contract
Documents and such other insurance and bonds as may be required, subject to the
written approval of the City's Project Representative, including bonds for Subcontractor
Contracts in excess of$50,000.00 (Fifty Thousand Dollars). Premiums paid as part of
the Cost of Work Cost shall be net of trade discounts, volume discounts, dividends, and
other adjustments.
9.11.8 The cost of obtaining and using all utility services required for
the Work.
9.11.9 The cost of all fees and assessments for any building permit and
for other permits, licenses, and inspections, which the Contractor is required by the
Contract Documents to pay.
9.11.10 The cost of prompt removal of all of the Contractor's debris.
All Subcontractor Contracts shall require the prompt removal of all debris created by
Subcontractor activities and the Contractor shall exercise its best efforts to enforce such
requirements or to effect an appropriate back charge to those Subcontractors who fail to
meet their requirements in this regard.
9.11.11 The cost and expenses, actually sustained by the Contractor in
connection with the Work, of protecting and repairing adjoining property, if required
(the City Project Representative's prior approval for repairs must be obtained except in
emergencies), and of settlements for same made with the written consent of City, except
to the extent that any such cost or expense is due to the failure of the Contractor to
comply with the requirements of the Contract Documents with respect to insurance, or
due to the failure of any officer of the Contractor or of any of its representatives having
supervision or direction of the Work to exercise good faith or the highest standard of
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• care normally exercised in the conduct of the business of a general Contractor
experienced in the performance of work of magnitude, complexity and type
encompassed by the Contract Documents, in any of which events any such expenses
shall not be included in the Cost of the Work.
9.11.12 Federal, state, municipal, sales, use and other taxes, as
applicable to the Project, all with respect to services performed or materials furnished
for the Work, it being understood that none of the foregoing includes federal, state or
local income or franchise taxes.
9.11.13 All reasonable costs and expenditures necessary for the
operation of a Project job site office, including cost of field computer services (quantity
and rates are subject to the City Project Representative's prior written approval),
including job site terminal (ownership to City), for purposes of field payroll preparation
and control and such progress photos as required by City; copies of all such photos to be
dated, identified and furnished directly to City.
9.11.14 The cost of secured off-site storage space or facilities, which
have been approved by the City's Project Representative. For all materials listed off-
site, City shall be listed as owner with a Bill of Sale issued to City for these items.
9.11.15 Any other expenses or charges incurred, with the prior written
® approval of the City's Project Representative, in the performance of the Work.
9.11.16 All cash and trade discounts, credits for early payment if funded
by the City, rebates, volume discounts, reduced payments or other benefits accruing to
the Contractor in connection with the purchase or rental of materials, equipment,
services or other goods required under this Agreement shall accrue to City.
9.11.17 Legal fees and expenses required for the prosecution of the
Work provided the same are approved in writing by the City prior to being incurred.
The foregoing specifically excludes legal fees and costs incurred in preparing and
negotiating this Agreement and any Change Orders as well as any legal fees and costs
relative to any matters between the Contractor and City.
9.11.18 Costs of correction of the Work under Section 27.1 below, if the
costs are not attributable to the fault or negligence of the Contractor and its
Subcontractors, but this inclusion shall not imply any responsibility of the Contractor or
its Subcontractors to correct any Work after expiration of the limitation period provided
in Section 27.1 below.
9.12 The Cost of the Work shall not include the following:
9.12.1 The services and related expenses, except as otherwise provided
• in Section 9.11.1 above, of any officers or general office supervisory personnel of the
Contractor and of personnel in the Contractor's personnel, legal, advertising, data
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processing, scheduling, labor relations, insurance and tax departments and all other •
costs of doing business (including, but not limited to, copying, fax and computer
charges), services and related expenses required to maintain and operate the
Contractor's general offices and any established branch offices, other than a field office
for the Work.
9.12.2 The services and related expenses of the Contractor's purchasing,
secretarial, estimating and accounting departments and clerical staff at the Contractor's
general offices or any established branch offices. These services shall include all costs
associated with computer equipment and related expenses, copying equipment, fax
charges (either by page or machine costs), CADD equipment (unless approved in
writing by the City's Project Representative prior to invoicing for same), signage,
professional association costs (including, but not limited to, AGC/ABC Fees), bonding
charges (including, but not limited to, Fidelity Bonds on office and job site personnel),
and other related expenses.
9.12.3 The use of capital including interest employed for the Work.
9.12.4 Amounts required to be paid by the Contractor for federal, state
or local income or franchise taxes.
9.12.5 Except as set forth in Section 9.11.18 above, costs due to the
negligence of the Contractor, any Subconsultant or Subcontractor or supplier employed
by the Contractor or anyone directly or indirectly employed by any of them, or for whose
acts any of them may be liable, including but not limited to the correction of defective
Work, disposal of materials and equipment wrongfully supplied, or making good any
damage to property.
9.12.6 Costs in excess of the sum of the Contract Sum for the design and
construction of the Work.
9.12.7 Entertainment and meal expenses and charges of a personal
nature.
9.12.8 Travel charges unless approved in advance of trip in writing by
City. If travel is authorized the charges are to be billed as a separate line item listing
employee name, purpose of trip, dates traveled and the daily cost of individual items for
which reimbursement is sought.
9.12.9 Bonuses, profit-sharing or other special labor charges unless
approved in writing by the City's Project Representative prior to being incurred.
9.12.10 Except as set forth in Section 9.11.7, any legal fees and
accounting fees.
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9.12.11 All losses resulting from lost, damaged, or stolen tools and
equipment.
9.12.12 Any cost not specified in Section 9.11 above.
10. CONTRACTS AND PURCHASE ORDERS.
10.1 Thirty (30) calendar days after execution of the Agreement, the
Contractor shall prepare and submit for the City Project Representative's approval the
names of the persons or entities proposed by the Contractor to furnish materials,
equipment, or services for each portion of the Work. The Contractor shall contract
solely in its own name and behalf, and not in the name or behalf of City with each
selected Subcontractor. The Contractor's form of Subcontractor Contract shall be
subject to approval of the City's Project Representative, and once approved may be
utilized by Contractor without further approval by the City's Project Representative
provided that no substantial deviations are made to the approved form of Subcontractor
Contract. At a minimum, the Subcontractor Contract shall provide that the
Subcontractor shall perform its portion of the Work in accordance with all applicable
provisions of this Agreement and the other Contract Documents, that Subcontractor is
bound to the Contractor to the same extent as the Contractor is bound to City, shall
provide for a ten percent (10%) retainage for labor and materials, shall provide for
termination of the Subcontractor Contract by the Contractor in the same manner and
method as provided in Section 38 of this Agreement, and shall further provide that, in the
event this Agreement is terminated for any reason, the Subcontractor shall, at City's
• option, perform its Subcontractor Contract for City without additional or increased cost,
provided the Subcontractor is paid in accordance with its Subcontractor Contract. The
Contractor shall sign and cause each Subcontractor to sign an Assignment of Rights
Agreement in the form attached as Exhibit "H" (any cost for execution of such
assignment will be borne by the Contractor and included in the Contract Sum). Nothing
contained in this Agreement shall, however, create any obligation on City to assume any
Subcontractor Contract or make any payment to any Subcontractor unless City chooses
to request Subcontractor to perform pursuant to this Section 10.1 or as otherwise
provided in this Agreement, and nothing contained in this Agreement shall create any
contractual relationship between City and any Subcontractor.
10.2 The Contractor shall not contract with any Subcontractor, materialman,
vendor, or supplier to whom or to which the City or the City's Project Representative
has made reasonable objection or with whom or with which the City could not lawfully
enter into a contract.
10.3 All Subcontractor Contracts shall, so far as practicable, contain unit
prices and any other feasible formula for use in determination of the cost of changes in
the Work.
11. Insurance
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11.1 UPON EXECUTION OF THIS AGREEMENT, CONTRACTOR
AND ITS SUBCONTRACTORS SHALL SUBMIT
CERTIFICATE(S) OF INSURANCE TO THE CITY
EVIDENCING THE REQUIRED COVERAGES AND
SPECIFICALLY PROVIDING THAT CITY IS AN ADDITIONAL
NAMED INSURED WITH RESPECT TO THE REQUIRED
COVERAGES AND THE WORK OPERATIONS.
The certificates of insurance shall not only name the types of policies
provided, but shall also specifically refer to this Agreement. Contractor
(including all Subcontractors) shall not commence Work until after all of
the insurance described below has been obtained and the policies of such
insurance detailing the provisions of coverage have been received and
approved by the City. Contractor shall not permit any Subcontractors to
begin Work until their insurance has also been obtained and approved.
In the event any insurance certificate provided indicates that the
insurance shall terminate and lapse during the period of this Agreement,
then in that event, Contractor shall furnish, at least thirty (30) calendar
days prior to expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal coverage for the balance of
that period of the Agreement and any extension of it is in effect. Work
required by this Agreement shall not continue unless all required
insurance remains in full force and effect.
11.2 Insurance companies selected must be acceptable to City or its designated •
insurance consultant. All insurance policies required of the Contractor
and each Subcontractor shall be written by a company with an A.M. Best
rating of A-VII or better, duly authorized and licensed to do business in
the State of Florida and shall be executed by agents that are duly licensed
as agents in Florida. All of the policies of insurance so required to be
purchased and maintained shall contain a provision or endorsement that
the coverage afforded shall not be canceled, materially changed or
renewal refused until at least thirty (30) calendar days' of advance
written notice has been given to the City by certified mail.
11.3 Contractor and each Subcontractor shall each procure and maintain at its
own expense and keep in effect during the full term of the Agreement a policy or
policies of insurance which must include the following coverages and minimum
limits of liability:
11.3.1 Workers' Compensation
Statutory Limits Part A, and $1,000,000.00, Part B, Employer's
Liability, coverage.
11.3.2 General Liability
Commercial General Liability insurance with limits of not less
than $2,000,000.00 ($1,000,000.00 for any Subcontractors) each i
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• occurrence combined single limit for Bodily Injury and Property
Damage including coverage for contractual liability, personal
injury, broad form property damage, products and completed
operations. This policy of insurance shall be written in an
"occurrence"based format.
11.3.3 Automobile Liability
Comprehensive or Business Automobile Liability insurance with
limits not less than $1,000,000.00 each occurrence combined
single limit for Bodily Injury and Property Damage including
coverages for owned, hired, and non-owned vehicles, equipment
or both as applicable. This policy of insurance shall be written in
an "occurrence" based format.
11.3.4 Contractor and each Subcontractor shall each provide their own
Property or inland marine type policy to cover their equipment
and supplies.
11.3.5 General
Should any required insurance lapse during the Contract term,
requests for payments originating after such lapse shall not be
processed until the City receives satisfactory evidence of
reinstated coverage as required by this Agreement, effective as of
the lapse date. If insurance is not reinstated, City may, at its sole
option, terminate this Agreement effective on the date of such
lapse of insurance.
Liability policies shall be endorsed to provide the following:
a) Name as additional insureds the City of Dania
Beach and its officers, agents, employees and City
Commission members.
b) That such insurance is primary to any other
insurance available to the City with respect to
claims covered under the policy and that such
insurance applies separately to each insured
against whom claims are made or suit is brought,
but the inclusion of more than one insured shall
not operate to increase the insurer's limit of
liability.
All policies shall be endorsed to provide thirty (30) days' prior
written notice of cancellation, non-renewal or reduction in
coverage or limits to:
City of Dania Beach
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Attention: Risk Manager
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
The issuing agency shall include its full name, address and
telephone number in each insurance certificate issued.
Certificates of Insurance, evidencing all required insurance and
endorsements, shall be submitted with the executed Agreement.
The City will purchase Builder's Risk insurance coverage for the
Proj ect.
12. INDEMNITY.
12.1 Contractor shall indemnify and hold harmless City, Engineer and the City's
Project Representative, their employees, officers, directors and agents, from liabilities,
damages, losses, and costs, including, but not limited to reasonable attorney fees, to the extent
caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and
persons employed or utilized by Contractor in the performance of this Agreement, including
any Subcontractor. As specified by Section 725.06(3), Florida Statutes, this Agreement does
not require the Contractor to indemnify, defend or hold harmless City and the City's Project
Representative, its Engineer, employees, officers, directors, and agents from "any" liability,
damage, loss, claim, action, or proceeding. The indemnification shall survive the term of this
Agreement.
12.2 To the extent considered necessary by City, any sums due Contractor under
this Agreement may be retained by City until all of City's claims for indemnification pursuant
to this Agreement have been settled or otherwise resolved, and any amount withheld shall not
be subject to payment of interest by City.
12.3 To the extent this indemnification clause does not comply with Chapter 725,
Florida Statutes, this provision and all aspects of the Contract Documents shall be interpreted
as the parties' intention for the indemnification provisions and Contract Documents to
comply with Chapter 725, Florida Statutes, as it may be amended from time to time.
13. BONDS.
13.1 Pursuant to and in accordance with Section 255.05, Florida Statutes, the
Contractor shall obtain or cause to be obtained and thereafter at all times during the
performance of the Construction Work maintain a Public Construction Bond as
specified in the statute mentioned above or a separate performance bond and labor and
material payment bond for the Construction Work (collectively referred to as the
"Bonds") each in an amount equal to one hundred percent (100%) of the Contract Sum
in form satisfactory to the City Attorney. The surety providing such Bonds must be
licensed, authorized and admitted to do business in the State of Florida and must be
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listed in the Federal Register (Department of U.S. Treasury, Circular 570). The cost of
the premiums for such Bonds is included in the Contract Sum. Within ten (10) days of
issuance, Contractor shall record all bonds required by the Agreement in the Public
Records of Broward County.
13.2 Prior to performing any portion of the Construction Work, the Contractor
shall deliver to City the bonds required to be provided by Contractor as set forth in
Section 13.1.
14. INDEPENDENT CONTRACTOR. In performing its obligations under
this Agreement, the Contractor shall be deemed an independent Contractor and not an
agent or employee of City. The Contractor shall be solely responsible for and have
control over construction means, methods, techniques, sequences and procedures and
for coordinating all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these matters.
15. INSPECTIONS AND AUDIT.
15.1 The Contractor represents that it has inspected the Project and is satisfied
as to its condition and that the Contract Sum is just and reasonable compensation for all
Work, including all foreseen or foreseeable risks, hazards, and difficulties in connection
with such Work.
15.2 City and the City's Project Representative at all times shall have access
to the Work for inspection; but shall not be obligated to conduct any such inspection
other than as required by law. The Contractor shall provide proper and safe facilities
for such access and inspection by City and the City's Project Representative. If any of
the Work is required to be inspected or approved by any public authority, the Contractor
shall cause such inspection or approval to be performed.
15.3 No inspection performed or failed to be performed by City, the City's
Project Representative, or both shall be a waiver of any of the Contractor's obligations
or be construed as an approval or acceptance by City of the Work or any part of it.
15.4 To ascertain if the Scope of Work as detailed under this Agreement has
been performed, City shall have access to the Work and the right to audit all of the
Contractor's major Subcontractors' books, records, correspondence, instructions,
drawings, receipts, payment records, vouchers and memoranda relating to the Work,
and the Contractor and all major Subcontractors shall preserve all such records and
supporting documentation for a period of six (6) years after the Final Payment. The
Contractor further grants to City the authority to enter its premises for the purpose of
inspection of such records and supporting documentation or, at the Contractor's option,
Contractor may make such records and supporting documentation available to City at a
location satisfactory to the City's Project Representative. For purposes of this
Agreement, a major Subcontractor is a Subcontractor that performs more than ten
percent (10%) of the Construction Work.
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15.5 Although the Contractor and the other parties are required to maintain
records, as set forth in Section 15.4, for a period of six (6) years from the date of Final
Payment under this Agreement, City will audit Contractor's and Subcontractor records
for purpose of adjustment to Contractor's payments under this Agreement, if at all,
within three (3) years after Final Payment under this Agreement.
16. AS-BUILT PLANS AND SPECI>F'ICATIONS. Concurrent with the Final
Request for Payment, the Contractor shall furnish a final report documenting all
portions of the work to the City's Project Representative in a format acceptable to the
City's Project Representative.
17. NO LIENS.
17.1 Contractor acknowledges and agrees that the Project Location is owned
by the City and is therefore excluded from the definition of"real property" upon which
liens may be placed as set forth in Section 713.01(25), Florida Statutes. Contractor
further acknowledges and agrees that the Work to be performed under this Agreement is
for the construction of .public buildings or structures and that the Contractor shall
comply with the requirements of Section 255.05, Florida Statues, including but not
limited to, the provision of bonds and payment of claims. The Contractor waives,
releases, and relinquishes any right to claim or file a mechanic's or materialmen's lien
against the Work or any portion of it and the Project Location including, but not limited
to, any rights the Contractor may have under Chapter 713, Florida Statutes. This waiver
and relinquishment of Contractor's rights to claim a mechanic's lien is made for good
and valuable consideration and in recognition that City would not enter into this
Agreement without such waiver and relinquishment. The Contractor shall include a
provision substantially similar to this Section 17.1 in each of its Subcontractor
Contracts and purchase orders, requiring Subcontractors, materialmen, vendors and
suppliers to waive any claim or entitlement to a mechanic's or materialmen's lien on or
against the Project Location and to look solely to the credit of the Contractor or its
surety for payment of any sums due on the Project.
17.2 The Contractor shall not voluntarily permit any laborer's, materialmen's,
mechanic's, or other similar lien to be filed or otherwise imposed on any part of the
Work or the City's property. If any laborer's, materialmen's, mechanic's, or other
similar lien or claim is filed and if the Contractor does not cause such lien to be
promptly released and discharged, or file a bond in lieu of such lien, City shall have the
right to pay all sums necessary to obtain such release and discharge and deduct all
amounts so paid from the next payment due the Contractor under this Agreement. If
any such lien is filed or otherwise imposed, at the request of City, the Contractor shall
cause such lien to be released and otherwise discharged. The Contractor indemnifies
and holds harmless City from all claims, losses, demands, causes of action, and
expenses including attorneys' fees, or suits of whatever nature arising out of any such
lien.
•
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• 18. TITLE TO WORK. Immediately upon delivery and payment by the City to
Contractor or supplier, as applicable, of Materials to the Project Location or the
performance of any part of the Work, as between the Contractor and City, title to them
shall vest in City; provided, however, the vesting of such title shall not impose any
obligations on City or relieve the Contractor from any of its obligations under this
Agreement.
19. WORK IN PROGRESS. The Contractor shall protect and prevent damage to
all phases of the Work, and any existing facilities or improvements, including but not
limited to protection from damage by the elements, theft, or vandalism. During the
course of the Construction Work, the Contractor shall remain responsible for the risk of
loss of the Work and shall promptly remedy, repair and replace all damage and loss
(other than damage or loss insured under insurance required by the Contract
Documents) to the Work caused in whole or in part by the Contractor, a Subcontractor,
or anyone directly or indirectly employed or controlled by any of them, or by anyone
for whose acts they may be liable and for which the Contractor is responsible, except to
the extent such damage or loss is attributable to the negligence of the City or anyone
directly or indirectly employed by the City, or by anyone for whose acts the City may
be liable, and not attributable to the fault or negligence of the Contractor.
20. HAZARDOUS SUBSTANCES.
• 20.1 The Contractor agrees that it shall not transport to, use, generate, store,
dispose of, or install any Hazardous Substance, as defined in Section 20.4, except in
accordance with applicable Environmental Laws, as defined below in Section 20.4.
Further, in performing the Work, the Contractor shall not cause any release of
hazardous substances into, or contamination of, the environment, including the soil, the
atmosphere, any watercourse or ground water, except in accordance with applicable
Environmental Laws. In the event the Contractor engages in any of the activities
prohibited in this Section 20.1, to the fullest extent permitted by law, the Contractor
indemnifies and holds harmless City and its officers, agents and employees to the extent
specified in Section 12.1, above from and against claims, damages, losses, causes of
action, suits and liabilities arising out of, incidental to or resulting from the activities
prohibited in this Section 20.1 (collectively "Environmental Claims"); provided,
however, the Contractor shall not be responsible for any Environmental Claims arising
from Hazardous Substances existing at the Project Location as of the date of this
Agreement except to the extent the Environmental Claims result from the acts or
omissions of Contractor or Contractor's failure to comply with the requirements of
Sections 20.1 and 20.2.
20.2 In the event the Contractor encounters any Hazardous Substance, or what
the Contractor reasonably believes to be a Hazardous Substance, in the course of the
Work, or if said hazardous material is being introduced to the Work in a manner
violative of any applicable Environmental Laws, the Contractor shall immediately stop
• Work in the area affected and report the condition to the City's Project Representative
in writing. The Work in the affected area shall not thereafter be resumed except by
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written authorization of the City's Project Representative if a Hazardous Substance has
been encountered and has not been rendered harmless. In the event the Contractor fails
to stop the Work upon encountering a Hazardous Substance at the Project, to the fullest
extent permitted by law, the Contractor indemnifies and holds harmless City and its
officers, agents and employees from and against all claims, damages, losses, causes of
action, suits and liabilities to the extent specified in Section 12.1 above, which arise out
of, are incidental to, or resulting from the Contractor's failure to stop the Work.
20.3 An extension of time plus payment of reasonable itemized general
conditions including demobilization costs shall be the Contractor's sole remedy for any
delay arising out of the encountering or rendering harmless of any Hazardous
Substance, if not attributable to a negligent act or violation of Contractor or any
Subcontractor. City and the Contractor may enter into an agreement for the Contractor
to remediate or render harmless the Hazardous Substance, but the Contractor shall not
be required to remediate or render harmless the Hazardous Substance absent such
agreement, unless .attributable to a negligent act or violation of Contractor or any
Subcontractor. Contractor shall not be required to resume Work in any area affected by
the Hazardous Substance until such time as the Hazardous Substance has been
remediated or rendered harmless.
20.4 For purposes of this Agreement, the term "Hazardous Substance" shall
mean and include, but shall not be limited to, any element, constituent, chemical,
substance, compound, or mixture, defined in or included under or regulated by any
local, state, or federal law, rule, ordinance, by-law, or regulation pertaining to
environmental regulation, contamination, clean-up or disclosure, including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability
Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"),
the Toxic Substances Control Act ("TSCA"), the Clean Water Act ("CWA"), the Clean
Air Act ("CAA"), and the Marine Protection Research and Sanctuaries Act
("MPRSA"), the Occupational Safety and Health Act ("OSHA"), the Superfund
Amendments and Reauthorization Act of 1986 ("SARA"), Chapters 161, 253, 373, 376
and 403, Florida Statutes, the rules and regulations of the Florida Department of
Environmental Protection, or other state superlien or environmental clean-up or
disclosure statutes and agencies including all state and local counterparts of such
agencies and laws (all such laws, rules and regulations being referred to collectively as
"Environmental Laws"). It is the Contractor's responsibility to comply with this
Section 20 based on the law in effect at the time its services are rendered and to comply
with any amendments to those laws for all services rendered after the effective date of
any such amendments.
21. COMPLIANCE WITH LAWS.
21.1 The Contractor shall notify the City's Project Representative in writing
of all conflicts between the Contract Documents and any laws, ordinances, rules,
regulations and restrictions that come to the attention of the Contractor or should have •
come to the Contractor's attention with the exercise of due care. If the Contractor
34
• performs any of the Work knowing, or when with the exercise of due care the
Contractor should have known, it to be contrary to any such laws, ordinances, rules,
regulations or restrictions and fails to give the City's Project Representative written
notice of such matter prior to performance, the Contractor shall bear all related costs,
liabilities, and expenses arising from such noncompliance including reasonable attorney
fees and costs.
21.2 The Contractor, at its sole cost, shall obtain all necessary licenses,
building and other permits, and similar authorizations from governmental authorities
required or necessary to perform its obligations under this Agreement, and shall give all
notices required by, and otherwise comply with, all applicable laws, ordinances, rules,
regulations and restrictions.
21.3 The Contractor agrees that all of the Contractor's Work shall comply
with all applicable laws, statutes, ordinances, codes, executive orders, rules and
regulations including without limitation, those adopted by the City, all Environmental
Laws as defined in Section 20.4, and the federal and State of Florida "Right to Know"
laws related to Hazardous Substances in the workplace.
22. PERSONNEL.
22.1 All personnel used or employed by the Contractor in the.performance of
the Work shall to the best of Contractor's knowledge be qualified by training and
experience to perform their assigned tasks. At the request of the City's Project
Representative, the Contractor shall not use in the performance of the Work any
personnel deemed by the City's Project Representative to be incompetent, careless or
unqualified to perform the Work assigned, or in any way otherwise unsatisfactory to the
City's Project Representative.
22.2 The Contractor agrees that in the performance of the Work called for by
this Agreement, it will employ only such labor, and engage Subcontractors that employ
only such labor, as will not delay or interfere with the speedy and lawful progress of the
Project, and as will be acceptable to and work in harmony with all other workers
employed at the Project Location or on any other building, structure, or other
improvement which the Contractor or any other Contractor may then be erecting or
altering on behalf of City. The Contractor agrees that it shall not employ any labor that
will interfere with labor harmony at the Project Location or with the introduction and
storage of materials and the execution of work by other Subcontractors. In the event of
a strike or stoppage of work resulting from a dispute involving or affecting the labor
employed by the Contractor or any of its Subcontractors, City may, at its option and
without demand, terminate this Agreement for default unless the Contractor shall
remedy the strike or work stoppage or other disruption within ten (10) calendar days
after the dispute arises.
22.3 Contractor shall furnish the City's Project Representative, on request,
• resumes of Contractor's key personnel involved in the day-to-day Work on the Project.
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23. SAFETY AND PROTECTION.
23.1 Contractor shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work.
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or loss to:
23.1.1 All persons on a Project Location who may be affected by the
construction;
23.1.2 All Work and Materials and equipment to be incorporated in the
Work, whether in storage on or off the Project Site; and
23.1.3 other property at a Project Site or adjacent to such a site,
including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and
underground facilities not designated for removal, relocation or replacement in the
course of construction.
23.2 Contractor shall comply with applicable laws and regulations of any
public body having jurisdiction for safety of persons or property to protect them from
damage, injury or loss and shall erect and maintain all necessary safeguards for such
safety and protection including, without limitation, compliance with the Florida Trench
Safety law. Contractor shall notify owners of adjacent property and of underground
facilities and utility owners when prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal, relocation and replacement of property.
All damage, injury or loss to any property caused, directly or indirectly, in whole or in
part, by Contractor, any Subcontractor, materialman, supplier, vendor, or any other
individual or entity directly or indirectly employed by any of them to perform or furnish
any of the Work or anyone for whose acts any of them may be liable, shall be remedied
by Contractor. Contractor's duties and responsibilities for safety and for protection of
the construction shall continue until such time as all the Work is completed and the
City's Project Representative has issued a notice to Contractor that the Work is
acceptable (except as otherwise expressly provided in connection with Substantial
Completion in Section 7).
23.3 Safety Representative. Contractor shall designate a qualified and
experienced safety representative at the Project Site whose duties and responsibilities
shall be the prevention of accidents and the maintaining and supervising of safety
precautions and programs.
23.4 Hazard Communication Programs. Contractor shall be responsible
for coordinating any exchange of any hazard communication information required to be
made available to or exchanged between or among employees at the Project Site in
accordance with laws or regulations.
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• 23.5 Emergencies. In emergencies affecting the safety or protection of
persons or property at the Project Site or adjacent to the Site, Contractor, without
special instruction or authorization from the City or the City's Project Representative, is
obligated to act to prevent threatened damage, injury or loss. Contractor shall give the
City's Project Representative prompt written notice if Contractor believes that any
significant changes in the construction or variation from the Contract Documents have
occurred. If a change in the Contract Documents is required because of the action taken
by Contractor in response to such an emergency, a Change Order will be issued to
document the consequences of such action.
24. USE OF SITE AND OTHER AREAS.
24.1 Contractor shall confine construction equipment, the storage of materials
and equipment and the operations of construction workers to those lands and areas
permitted by the City and other land and area permitted by laws and regulations, rights-
of-way, permits and easements, and shall not unreasonably encumber any such land or
area with construction equipment or other materials or equipment. Contractor shall
assume full responsibility for any damage to any such land or area, or to any owner or
occupant of such land or area or any adjacent land or areas, resulting from the
performance of the construction. Should any claim be made by any such owner or
occupant because of the performance of the Work, Contractor shall promptly settle with
such other party by negotiation or otherwise resolve the claim by arbitration or other
dispute resolution proceedings or at law. Contractor shall, to the fullest extent
permitted by law and regulations, indemnify and hold harmless the City, Engineer and
anyone directly or indirectly employed by any of them from and against all claims,
costs, losses and damages (including, but not limited to, fees of engineers, architects,
attorneys and other professionals and court and arbitration or other dispute resolution
costs) arising out of or resulting from any claim or action, legal or equitable, brought by
any such owner or occupant against City, or any other party indemnified under this
Agreement to the extent caused by or based on Contractor's, or any Subcontractor's
performance of the Work.
24.2 During the performance of the Work, Contractor shall keep the Project
Location free from accumulations of waste materials, rubbish and other debris resulting
from the construction. At the completion of the construction Contractor shall remove
all waste materials, rubbish and debris from and about the premises as well as all tools,
appliances, construction equipment, temporary construction and machinery and surplus
materials. Contractor shall leave the Project Location clean and ready for occupancy by
City at Substantial Completion. Contractor shall restore to original condition all
property not designated for alteration by the Contract Documents.
24.3 Contractor shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall Contractor subject any
part of the Work or adjacent property to stresses or pressures that will result in
® endangerment.
37
25. RELATED CONSTRUCTION AT SITE.
25.1 City may perform other work at the Project Location by City's own
forces, or let other direct contracts therefor or have other work performed by utility
owners. If the fact that such other work is to be performed was not noted in the
Contract Documents then (a) written notice will be given to Contractor prior to starting
any such other work and (b) Contractor may make a request for a Change Order as
provided in Section 8 if Contractor believes and can demonstrate to the City that such
performance will involve additional time and the parties are unable to agree as to its
amount or extent.
25.2 Contractor shall afford each other contractor who is a party to such a
direct contract with City and each utility owner (and City, if City is performing the
additional work with its employees) proper and safe access to the Project Site and a
reasonable opportunity for the introduction and storage of materials and equipment and
the execution of such other work and shall properly coordinate the construction with
theirs. Such contractors and utility owners shall be required to comply with
Contractor's rules and regulations applicable to the Project Site including without
limitation all safety requirements. Unless otherwise provided in the Contract
Documents, Contractor shall do all cutting, fitting, and patching of the Work that may
be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger any work of others by cutting, excavating or
otherwise altering their work and will only cut or alter their work with the written
consent of City and the others whose work will be affected. The duties and
responsibilities of Contractor under this Section 25 are for the benefit of such utility
owners and other contractors to the extent that there are comparable provisions for the
benefit of Contractor in the direct contracts between City and such utility owners and
other contractors.
25.3 If the proper execution or results of any part of Contractor's Work
depends upon work performed or services provided by others under this Section 25,
Contractor shall inspect such other work and promptly report to the City's Project
Representative in writing any delays, defects or deficiencies in such other work or
services that render it unavailable or unsuitable for the proper execution and results of
Contractor's Work. Contractor's failure so to report will constitute an acceptance of
such other work as fit and proper for integration with Contractor's Work except for
latent or nonapparent defects and deficiencies in such other work.
25.4 Coordination. If City contracts with others for the performance of other
work on the Project at the Project Site, the following information will be provided in
writing to Contractor prior to the commencement of such work:
25.4.1 the individual who or entity which will have authority and
responsibility for coordination of the activities among the various prime contractors will
be identified;
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• 25.4.2 the specific matters to be covered by such authority and
responsibility will be itemized; and
25.4.3 the extent of such authority and responsibilities will be provided.
26. CONTRACTOR'S WARRANTIES. The Contractor represents and warrants
to the City:
26.1 That it is financially solvent, able to pay its debts as they mature, and is
possessed of sufficient working capital to perform this Agreement; that it is able to
furnish the Materials and Services; that it is experienced in and competent to perform
the Work contemplated by this Agreement; and that it is qualified to do the Work and is
authorized to do business in Florida.
26.2 That the Contractor holds a license, permit or other special license to
perform the services included in this Agreement, as required by law, or employs or
works under the general supervision of the holder of such license, permit or special
license if authorized by law.
26.3 That the Work shall be constructed in a good and workmanlike manner,
free from defects, and in strict compliance with the Contract Documents.
27. DEFECTS.
27.1 The Contractor shall at its sole cost (a) replace any parts of the Work that
fail to conform with the requirements of this Agreement that appear during progress of
the Work on the Project; (b) remedy any defects in the Work due to faulty materials or
workmanship which appear within a period of one (1) year from the time of Final
Completion of the Work or within such longer period of time as may be set forth in the
Plans, Specifications, and Addenda or other Contract Documents or as may be required
by law; and (c) replace, repair or restore any parts of the Project or associated furniture,
fixtures, equipment or other items (whether placed at the Project Location by City or
any other party) that are damaged by any such parts of the Work that do not conform to
the requirements of this'Agreement or are due to defects in the Work. The provisions of
this Section 27 apply to Work performed by Subcontractors as well as Work performed
directly by employees of the Contractor. In addition to the Contractor's responsibility
to make repairs or redo Work under this Section 27, the Contractor shall also be
responsible to City for any damages suffered by City as a result of defects. The
Contractor shall commence any Work required under this Section 27 promptly after
notice from the City's Project Representative and shall diligently complete such Work
in a good and workmanlike manner in compliance with the terms of this Agreement
applicable to the Work generally.
27.2 If the City's Project Representative and the Contractor deem it
• inexpedient to require the correction of Work damaged or not performed in accordance
with the Contract Documents, an equitable deduction from the Contract Sum shall be
39
made by agreement between the Contractor and the City's Project Representative. If
the City's Project Representative and the Contractor fail to reach a settlement or the
Contractor fails to perform and is not protected by surety (or the surety fails to
perform), City retains the right to perform the Work after seven (7) days written notice
to the Contractor or surety. The City's Project Representative may withhold the cost of
such Work as deemed just and reasonable from monies, if any, due the Contractor. If
no monies are held by City, reimbursement shall be made to City within thirty (30) days
by the Contractor.
27.3 The Contractor's express warranty in this Agreement shall be in addition
to, and not in lieu of, any other warranties or remedies City may have under this
Agreement, at law, or in equity for defective Work.
27.4 If City elects to perform the Work described in this Section 27, this shall
not void or otherwise impair the Bonds required by this Agreement. If City elects to
enforce the Bonds, the surety shall cause the Work to be commenced within seven (7)
days after notice from the City's Project Representative and diligently completed
thereafter in a good and workmanlike manner in accordance with the terms of this
Agreement applicable to the Work generally.
28. SIGNAGE. Except for safety signage required by applicable laws, which
shall be installed in compliance with applicable laws, all construction signage,
including, but not limited to that appearing on cranes and other construction equipment
located at the Project Location, shall be subject to the prior written approval of the
City's Project Representative. The Contractor recognizes that all signage (except safety
signage required by applicable laws) may be disallowed, in the City Project
Representative's sole discretion, and that existing signage or advertising on construction
equipment, field'offices, trailers, construction fences, etc., may be required to be
masked or deleted, all at no cost or expense to City. Notwithstanding the foregoing, the
parties intend to erect Project signs identifying the City, Contractor and key participants
in the Project. Such Project signs shall be installed in compliance with the City's sign
ordinance.
29. PRESS RELEASES. The Contractor shall coordinate any public
announcement or publicity releases relating to the Project through the City. The
Contractor shall also require Subcontractors, materialmen, suppliers, and vendors to
comply with this requirement.
30. OWNERSHIP OF CONTRACT DOCUMENTS. All Plans, Specifications,
Detail Drawings and other Drawings prepared by Contractor in connection with the
Project, upon payment by City to Contractor, shall be and remain the property of City
and are not to be used by the Contractor on any other project and shall be relinquished
to the City's Project Representative at Final Completion or sooner if otherwise required
by this Agreement, provided, however, that the Contractor may maintain one record set
of as-built drawings. Such Plans and Specifications shall be provided by Contractor to •
the City's Project Representative with an authorization in a form and substance
40
• acceptable to the City's Project Representative authorizing the City and its architects
and engineers to use the Plans and Specifications and related documents for the Project.
31. REPRESENTATIVES.
31.1 The name of the party who is the City's Project Representative is shown
in Section 1.2, above. City's Project Representative is only authorized to recommend
approval of Change Orders and increases in the Contract Sum, but Change Orders and
increases in the Contract Sum shall be binding on City only if executed by City after
having been approved in advance in writing by the City.
31.2 The name of the party who is to be the "Contractor's Project
Representative" is shown in Section 1.2, above. Unless another corporate officer or
agent of the Contractor advises City and the Engineer, in writing, of any limitations on
the authority of Contractor's Project Representative, such Representative shall have full
authority to execute any and all instruments requiring the Contractor's signature and to
act on behalf of the Contractor with respect to all matters arising out of this Agreement.
32. ASSIGNMENT. The Contractor shall not assign or sublet this Agreement
in part or as a whole without the advance written consent of City, which consent may be
withheld or conditioned by the City in its sole discretion; nor shall the Contractor assign
any monies due or to become due to it, without the previous written consent of City,
• which consent may be withheld or conditioned by the City in its sole discretion.
Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on
the parties and their respective successors and assigns.
33. NONDISCRIMINATION. The Contractor agrees that it will not knowingly
violate any applicable laws or regulations prohibiting discrimination in employment in
the performance of its Work under this Agreement.
34. WAIVER. No consent or waiver, express or implied, by either party to this
Agreement to or of any breach or default by the other in the performance of any
obligations under this Agreement shall be deemed or construed to be a consent or
waiver to or of any other or future breach or default by such party. Failure on the part
of any party to,complain of any act or failure to act of the other party or to declare the
other party in default under this Agreement, irrespective of how long such failure
continues, shall not constitute a waiver of the rights of such party. Inspection by,
payment by, or tentative approval or acceptance by the City's Project Representative, or
the failure of the City's Project Representative to perform any inspection shall not
constitute a final acceptance of the Work or any part of it and shall not release the
Contractor from any of its obligations under this Agreement.
35. CONSTRUCTION OF TERMS; CONFLICTS.
• 35.1 Unless the context clearly intends to the contrary, words singular or
plural in number shall be deemed to include the other and pronouns having a masculine
41
or feminine gender shall be deemed to include the other. The term "person" shall be •
deemed to include an individual, corporation, unincorporated organization, partnership,
trust, government and governmental agency or subdivision, as the context shall require.
35.2 The Contract Documents shall be interpreted so as to eliminate
inconsistencies or conflicts, but in the event of any conflict, requirements for greater
quantity or more expensive work shall govern; the terms of this Agreement shall
prevail; and anything shown on the Plans and not mentioned in the Specifications or
mentioned in the Specifications and not shown on the Plans shall have the same effect
as if shown or mentioned respectively in both.
36. CAPTIONS. The captions used for the Sections in this Agreement are inserted
only as a matter of convenience and for reference and in no way define, limit or
describe the scope of the intent of this Agreement or any Section of it.
37. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS. The written
Contract Documents constitute the only and the entire agreement between the parties
with respect to the matters covered by them. All prior negotiations, representations and
agreements with respect to them and not incorporated in such Contract Documents are
canceled. This Agreement can be modified or amended only by a document duly
executed on behalf of the parties. In the event any provision of the Contract Documents
shall be determined to be illegal, invalid or otherwise unenforceable, the remainder of
this Agreement shall not be affected and each remaining provision, term, covenant or
condition of the Contract Documents shall be enforced to the fullest extent permitted by
law.
38. TERMINATION.
38.1 City shall have the right at any time, on not less than seven (7) days prior
written notice to the Contractor, to terminate this Agreement without cause or for City's
convenience including, but not limited to termination in the event that (a) the Project is
abandoned by City; or the City Commission terminates, suspends or modifies the
Project. Upon receipt by the Contractor of such notice of termination (the "Date of
Termination"), the Contractor shall immediately discontinue the Work and remove its
equipment and employees from the Project Location. In the event of termination under
this Section 38.1, the Contractor shall have the right, as its sole and exclusive remedy,
to recover from City payment of the Contract Sum for Work performed up to the Date
of Termination (less any payment made to the Contractor by City). In addition, without
terminating this Agreement as a whole, City may, for convenience, terminate a portion
of this Agreement (by reducing, in such manner as City deems appropriate, the scope of
the Work to be performed by the Contractor). In such event such termination of a
portion of this Agreement shall be treated as a reduction in the scope of the Work, to
which an equitable reduction shall be made to the Contract Sum.
38.2 In addition to City's right to terminate this Agreement for default under •
the terms of Section 22.2 and elsewhere in this Agreement, if the Contractor shall fail to
42
commence the Work in accordance with the provisions of this Agreement, fail to
perform the Work or portions of it to completion in a diligent, efficient, workmanlike,
skillful and careful manner and in strict accordance with the provisions of the Contract
Documents, fail to use an adequate quantity or quality of personnel, equipment, or
material to complete the Work within the Contract Time, fail to perform any of its
obligations under the Contract Documents, be adjudged a bankrupt, make a general
assignment for the benefit of its creditors, permit a receiver to be appointed on account
of its insolvency, become otherwise insolvent, or fail to make prompt payments to its
Subcontractors, materialmen or laborers, City shall provide the Contractor with written
notice of such event, stating the nature of the default complained of. If Contractor does
not cure such default within seven (7) days after receipt of such notice (or such longer
period agreed to by the parties if the nature of the default is such that it cannot be cured
within seven (7) days and Contractor has commenced and is diligently proceeding to
cure within the original seven (7) day period), the City shall have the right, upon forty-
eight (48) hours written notice to the Contractor to terminate this Agreement.
In the event of termination under this.Section 38.2, City shall notify the Contractor's
surety, and the Contractor's surety shall take over and perform this Agreement. The
Contractor's surety shall continue to perform, on at least an interim basis, until such
time as it makes other satisfactory arrangements for completion of the Work pursuant to
the Bond obligations. If the Contractor's surety does not commence performance with
adequate quantity and quality of personnel, equipment, and material to maintain the
• Contract Time, within five (5) days from the date of receipt of such notice of
termination, City may, without further notice to the Contractor or its surety, take
possession of and use, without any rental obligation to the Contractor or any third party,
all or any part of the Contractor's Materials and other property of every kind used by
the Contractor in the performance of the Work and use such property in the completion
of the Work, and complete the Work with its own forces or by engaging the services of
other parties therefor. Any such act by City shall not be deemed a waiver of any other
right or remedy of City under this Agreement, the Bonds or otherwise. If after
exercising any such remedy the cost to City of the performance of the balance of the
Work is in excess of Contract Sum, which has not previously been paid to the
Contractor, the Contractor and the Contractor's surety shall be liable for and shall
reimburse City for such excess costs and all delay and damages suffered by City as a
result thereof. If after termination of this Agreement under this Section 38.2, it is
determined that the Contractor was not in default or that sufficient cause to terminate
under Section 38.2 did not exist, the rights and obligations of the parties shall be the
same as if the termination had been issued for the convenience of City under Section
38.1, and that the Contractor agreed to City's use of its materials and other property, in
which case the Contractor shall be entitled to be paid a reasonable sum for City's use of
the Contractor's Materials and other property of the Contractor.
38.3 If City fails to perform any of its obligations under this Agreement, the
Contractor shall have the right to give City written notice to that effect, stating the
• nature of the default complained of. If City does not cure such default within fifteen
(15) days after receipt such notice (or such longer period agreed to by the parties if the
43
nature of the default is such that it cannot be cured within fifteen (15) days and City has •
commenced and is diligently proceeding to cure within the original fifteen (15 day
period), the Contractor shall have the right, on forty-eight (48) hours written notice to
City, to terminate this Agreement. The Contractor shall have the right to terminate this
Agreement upon thirty (30) days' written notice if the Work is suspended for a period
of ninety (90) consecutive days or more due to causes not the fault of the Contractor.
38.4 City may, if the Contractor neglects to perform the Work properly or to
perform any obligation specified in the Contract Documents, or does, or omits to do,
anything whereby safety or proper construction may be endangered or whereby damage
or injury may result to person or property, after forty-eight (48) hours' written notice to
the Contractor, without prejudice to any other remedy City may have, make good all
Work, material, omissions or deficiencies, and may deduct the cost therefor from the
amount included in the Contract Sum due or which may thereafter become due the
Contractor, but no action taken by City under this provision shall affect any of the other
rights or remedies of City granted by this Agreement or by law relieve the Contractor or
the Contractor's surety from any consequences or liabilities arising from such acts or
omissions.
38.5 The rights and remedies of City under this Section 38 shall be non-
exclusive, and shall be in addition to all the other remedies available to City at law or in
equity.
39. DISPUTE RESOLUTION.
39.1 This Agreement shall be governed by the laws of the State of Florida and
the applicable laws of the United States of America. Any proceeding seeking to enforce
any provision of, or based on any rights arising out of, this Agreement may be brought
against any of the parties in the courts of the State of Florida, County of Broward, or if
it has or can acquire jurisdiction in the United States District Court of the Southern
District of Florida and each of the parties consents to the jurisdiction of such courts (and
of the appropriate appellate courts) in any such action. THE PARTIES WAIVE ANY
RIGHTS TO A JURY TRIAL OR PROCEEDING AND WAIVE ANY OBJECTION
TO VENUE, PROVIDED, HOWEVER, THAT SUCH VENUE SHALL BE
CONSISTENT WITH THE REQUIREMENTS OF SECTION 47.025, FLORIDA
STATUTES.
39.2 Pending resolution of any dispute arising under this Agreement, other
than its termination, the Contractor shall diligently proceed with performance of this
Agreement and City shall continue to make payments in accordance with the Contract
Documents, except for performance and payment related to the disputed matter.
40. NOTICES. All notices to be given under this Agreement shall be in writing,
and shall be given, served, or made by facsimile transmission followed by one of the
following methods: (a) depositing the same in the United States Mail addressed to the •
party to be notified, postage pre-paid and first class mail (b) by nationally recognized
44
• overnight courier service such as Federal Express or United Parcel Service, or (c) by
delivering the same in person to such party. . Notices of an alleged default or any
termination of this Agreement shall be hand-delivered or sent by certified mail, return
receipt requested, postage pre-paid, to the recipient party. Notice given in any other
manner shall be effective only if and when received by the party to be notified. All
notices to be given to the parties shall be sent to or made to the addresses shown in
Section 49 below. By giving the other party at least fifteen (15) days written notice, the
parties shall have the right to change their respective addresses and specify as its
address any other address in the United States of America.
41. COUNTERPARTS. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
42. RECORD DRAWINGS AND FINAL SURVEY.
42.1 A marked up set of plans and specifications will be kept up to date by the
Contractor on the Project Site at all times. The Contractor shall record all construction
and any and all variances to the plans as the Work progresses. These records will be
given to the City's Project Representative at the completion of the Work, and properly
labeled "Record Drawings". Final submittals of record documents shall include one set
of complete reproducible drawings on 3 Mil Mylar, 1 set of blackline prints of those
drawings and specifications.
42.2 In addition to the Record Drawings", the Contractor will cause to have,
prepared by a Surveyor, registered in the State of Florida, a site survey which shall
clearly represent all Work done under this contract. This site survey shall show all
fences, walls, walks, building(s) and appurtenances, fire hydrant(s), manholes, catch
basins, meters, valve boxes, parking, drives, curbs, trees and shrubs. Based upon the
mean sea level datum, elevations to the 0.01 foot will be shown in sufficient number of
points to clearly indicate the scope of parking, sidewalks, floor and other improved
areas. A benchmark will be set at a location selected by City. The grate and invert
elevation will be shown for all manholes and catch basins. Elevations to 0.01 foot will
be indicated at all changes in ground level, such as ditches, and at intervals not
exceeding 100 feet including all adjacent rights-of-way, Contractor shall replace all
permanent corner markers which have been removed. An existing survey shall be
furnished to the Contractor by the City and the final survey should update and correct
the existing survey to illustrate the Work's relationships to the previously existing site
and its improvements and appurtenances.
43. OWNERSHIP OF DRAWINGS. In addition to and not as a substitute for
Section 30 of this Agreement, all drawings, specifications,'and copies of them furnished
by the Contractor become the property of the City.
44. GUARANTEE. In addition to and not as a substitute for Sections 26 and
27 of this Agreement, the Contractor shall guarantee the Work for a period of at least
45
one year (and for additional periods where extended or special warranties are required
by the Contract Documents) from the date of Substantial Completion. Neither the final t
certificate of payment nor any provision in the Contract Documents shall relieve the
Contractor of the responsibility for negligence or faulty materials, workmanship, or
latent defects within the extended period provided by law and upon written notice, the
Contractor shall remedy any defects and pay all expenses for any damages to other
Work.
45. TEMPORARY UTILITIES.
45.1 Water. The Contractor shall provide a temporary water line sufficient to
supply all water needed for the construction Work contemplated under this contract, and
shall pay for all water it uses and its Subcontractors use under this Contract.
45.2 Electricity. The Contractor shall provide temporary electrical service
sufficient to supply all electrical power needed for the construction Work contemplated
under this contract, and shall pay for all electricity it uses and its Subcontractors use
under this Contract.
45.3 Sanitary Facilities. The Contractor shall provide and maintain in a
neat and sanitary condition such accommodations for the use of its employees as may
be necessary to comply with the regulations of the State Board of Health and the local
health department. No nuisance will be permitted. Upon completion of Work, such
facilities shall be removed and the premises left in a sanitary condition.
46. DRAWINGS AND SPECIFICATION ON THE SITE. In addition to and
not as a substitute for Section 42 of this Agreement, the Contractor shall keep one copy
of the specifications and one copy of the drawings on the building site in good order
available to the City's Project Representative. The Contractor will constantly update the
specifications and drawings to reflect the "as-built" condition of the Work.
47. CLEANING UP. `
47.1 The Contractor shall keep the premises free from accumulation of waste
material and rubbish and at the completion of the Work, shall remove from the premises
all rubbish, implements, and surplus materials and leave the building(s) broom clean.
47.2 Any salvage resulting from clearing, grubbing, grading, draining,
remodeling or altering any existing facilities on the Project site shall be the property of
the City and this material shall be piled or stacked on the site if the City desires this
material. If this material is not desired by the City, it shall be disposed of by the
Contractor at its expense.
47.3 The Contractor is responsible for any permits required for cleanup
activities and shall conform to the municipal and Broward County ordinances governing
removal and disposal of waste material and rubbish.
46
• 48. CORRECTION OF WORK. In addition to and not as a substitute for
Section 27 of this Agreement, the Contractor shall re-execute any Work that fails to
conform to the requirements of the Contract and that appears during the progress of the
Work, and shall remedy any defects due to faulty materials or workmanship. The
provisions of this article apply to work done by Subcontractors as well as Work done by
direct employees of the Contractor.
49. ADDRESSES. All invoices, contracts, copies of notices and other
correspondence should be addressed to City and the Contractor as follows:
If to City:
City Manager
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
Fax No.: (954) 921-2604
With a copy to:
Thomas J. Ansbro, City Attorney
100 West Dania Beach Blvd.
• Dania Beach, FL 33004
Fax No. (954) 924-3702
If to Contractor:
Mr. Miguel Ocana
MEF Construction,Inc.
782 N.W. 42nd Avenue, Suite 640
Miami, FL 33124
47
IN WITNESS OF THE FOREGOING, this Agreement is executed and effective as of •
the date first above set forth.
CITY:
CITY OF DANIA BEACH
A Florida Municipal Corporation
ATTEST:
LOUISE STILSON, CITY CLERK PAT FLURY, MAYOR
APPROVED FOR FORM AND
CORRECTNESS: A '
I
I N PA O, MTY MANAGER
BY: f
THOMAS J. AP6B- Oi CIT V TTORNEY
CONTRACTOR:
MIE F <2,D N s, rcvc,,o1rj, T c •
CORPORATE SEAL: By:_
(IF APPLICABLE SIGNATURE
M tC,ctL,L O.A IJ A
PRINT NAME
TITLE
48
• STATE OF FLORIDA )
COUNTY OF BROWARD )
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared Mvz,uE L IZ)CA N A , as
�tCIcS��EbT respectively, of Contractor, MEF Cp#yWtzytnta, :rjjS a
corporation and acknowledged execution of the foregoing
Agreement for the use and purposes mentioned in it and that the instrument is the act
and deed of the Contractor. Such person(s) is (are p�((or
lly knMa
Moath.
(or
produced as identification) and ddid no
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on 3 Lt" -1 Z , 200�p.
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My Commission Expires:
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49
EXHIBIT A •
CONTRACT TIMES
A. Construction Work. Unless otherwise agreed to in writing by the parties, the
Construction Work shall be commenced pursuant to a Notice to Proceed issued by the City's
Project Representative to Contractor's Project Representative with Substantial Completion to
occur within one hundred and eighty (180) days after issuance of such Notice. Final Completion
(inclusive of all "punch list" items) shall occur within thirty (30) calendar days following
Substantial Completion. Time is of the essence in the performance of the Construction Work.
B. Liquidated Damages. Pursuant to Section 7.6 of the Agreement, if the
Contractor shall neglect, fail, or refuse to complete the Work by the applicable Substantial
Completion Date or the applicable Final Completion Date, subject to any proper extension
granted by City, then the Contractor agrees to pay to City, or to cause the Contractor's surety to
pay to City, Liquidated Damages in the amount of(a) One Thousand Dollars ($1,000.00)per diem
commencing upon the first day following expiration of the Substantial Completion Date and
continuing until the actual date of Substantial Completion, if applicable and (b) One Thousand
Dollars ($1,000.00) per diem commencing upon the first day following expiration of the Final
Completion Date and continuing until the actual date of Final Completion as applicable.
•
Page 1 of 1
EXHIBIT B
CHANGE ORDER
TO: City of Dania Beach,Florida
PROJECT:
CONTRACTOR:
DATE: ,200_
This Change Order will authorize the following change to the Agreement:
The Work as set forth in the Agreement is amended to include the items set forth on
Exhibit"A"attached and by this reference made a part of this document.
This Change Order constitutes full, final, and complete authorization for compensation to the Contractor
for all costs, expenses, overhead, and profit, and any damages of every kind that the Contractor may incur
in connection with the above referenced change(s) in the Work, and any other effect on any of the Work
under this Agreement. The Contractor acknowledges and agrees that (a)the Guaranteed Maximum Price
of$ under the Agreement will be [unchanged] [changed] by this Change Order,
and (b) the schedule for performance of Work will be [unchanged] [changed] by this Change Order.
• Contractor expressly waives any claims for any additional compensation, damages or time extensions in
connection with the above-referenced clange(s). Except as modified by this document, all terms of the
Agreement shall remain in full force and effect and shall cover the performance of, and payment for, any
work authorized under this document. Any defined terms not defined in this Change Order shall have the
meanings set forth in the Agreement.
By signing below the parties indicate acceptance of this Change Order as set forth in it.
CONTRACTOR CITY OF DANIA BEACH,
a Florida municipal corporation
a Florida
By:
Ivan Pato, City Manager
By:
Name: Authorized by action of City
Title: Commission of the City of
Dania Beach on , 200 .
Page 1 of 1
EXHIBIT C •
REQUEST FOR PAYMENT
TO: City of Dania Beach,Florida
PROJECT:
CONTRACTOR:
DATE: ,200_
Invoice #: Date:
Application is made for payment as shown below, in connection with the Agreement
(additional sheets are attached to provide a complete breakdown of the requested payment):
1. Original Contract Sum $
2. Net Change by Change Orders $
3. Contract Sum to date (Line 1 + 2) $
4. Total Completed and Stored to date
p $
(see continuation sheet)
5. Retainage to date (see continuation sheet) $
6. Total Earned less Retainage (Line 4 less Line 5 total) $
7. Less Previous Requests for Payment $
(line 6 from previous Request)
8. Current Payment Due $
9. Balance to Finish (Line 1 less Line 4) $
•
Page 1 of 2
• The undersigned Contractor certifies that to the best of the Contractor's knowledge,
information and belief, the Work covered by this Request for Payment has been completed in
strict accordance with the Contract Documents, that all amounts have been paid by the
Contractor for Work for which previous Requests for Payment were issued and payment
received from the City and that the current payment requested represents a just estimate of
reimbursements to the contractors, subcontractors, materialmen, vendors, and suppliers for Work
performed and material delivered. The Contractor further certifies that there are no known
mechanic's or materialmen's liens outstanding at the date of this request, that all due and payable
bills with respect to the Work and materials have been paid to date or are included in the amount
requested and that, except for such bills not paid but so included, there is no known basis for the
filing of any mechanic's or materialmen's liens on the Work, and that waivers from all
contractors, subcontractors, materialmen, vendors and suppliers have been obtained in such form
as required by the Agreement.
CONTRACTOR
a Florida
By:
Name:
Title:
•
STATE OF FLORIDA )
COUNTY OF BROWARD )
This instrument was acknowledged before me on 200 by
who [ ] is personally know to me or [ ]
produced as identification.
Notary Public:
My Commission Expires:
•
Page 2 of 2
EXHIBIT D •
CERTIFICATE OF SUBCONTRACTOR &
FINAL WAIVER OF LIEN
TO: City of Dania Beach,Florida
PROJECT:
CONTRACTOR:
DATE: ,200_
The undersigned, being duly sworn, on oath deposes and says under penalty of perjury:
I am the of the corporation or other entity identified below as the
Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the
Subcontractor has paid all employees, contractors and materialmen in full for all labor and
materials supplied by them to, for or under the Subcontractor in connection with the above
described Project through and including the date of this instrument, except for such persons
listed on the attached sheet in the amount indicated opposite their names, who shall be paid in
full within ten (10) days after the date of this document. •
On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that
should any claim or lien be filed against the City of Dania Beach, a Florida municipal
corporation (the "City"), or the Project, the real property upon which the Project is located or
against the Contractor for material or labor supplied by, to, for or under the Subcontractor in
connection with the Subcontractor's participation in the construction of the Project, the
Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond,
pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens
and furnish the City and the Contractor a signed instrument fully releasing any such liens. The
Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and
employees, and the Contractor, its sureties, agents and employees, for any loss, cost or damage,
including but not limited to attorneys' fees, which they may incur by reason of any such claim or
lien by, through or under the Subcontractor.
I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has
complied with all federal, state and local tax laws, including social security laws, and
unemployment compensation laws and Workers' Compensation laws, insofar as same are
applicable to the performance of the Subcontractor's obligations in connection with the Project.
THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of
all sums due the undersigned for labor and materials supplied prior to, through and including the
date of this release, and in connection with the Project, which Project is owned by the City, does •
fully and finally waive and release any and all liens, claims, actions, and demands, and all-rights
Page 1 of 2
to same, against the City, the Project, the real property upon which the Project is located and any
and all other property owned by the City, in connection with labor, supplies, Materials and
services supplied by the undersigned to the Project prior to and through the date of this
document; and
THAT the undersigned Subcontractor does acknowledge and represent that:
1. Through the date of this document, the undersigned has received total
payments in the amount of $ for labor and
materials supplied to or for the Project; and
2. The undersigned Subcontractor acknowledges receipt of payment in full of
all sums agreed and required to be paid to the undersigned in connection
with the Project for all labor and materials supplied by the undersigned to
or for the Project prior to, through and including the date of this document.
This instrument has been executed on , 200_.
SUBCONTRACTOR:
By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF BROWARD )
This instrument was acknowledged before me on 200_ by
who [ ] is personally know to me or [ ]
produced as identification.
Notary Public:
My Commission Expires:
•
Page 2 of 2
EXHIBIT E
CERTIFICATE OF CONTRACTOR &
FINAL WAIVER OF LIEN
TO: City of Dania Beach,Florida
PROJECT:
CONTRACTOR:
DATE: ,200
The undersigned, being duly sworn, on oath deposes and says under penalty of perjury:
I am the of the corporation or other entity identified as the
Contractor, which entity has executed the attached Release and Waiver, and I certify that the
Contractor has paid all employees, subcontractors and materialmen in full for all labor and
materials supplied by them to, for or under the Contractor in connection with the above described
Project through and including the date of this instrument, except for such persons listed on the
attached sheet in the amount indicated opposite their names, who shall be paid in full within ten
(10) days after the date of this document.
On behalf of and in the name of the Contractor, I further covenant, warrant and represent that
should any claim or lien be filed against the City of Dania Beach, a Florida municipal
corporation (the "City"), or the Project, the real property upon which the Project is located or any
other property owned by the City of Dania Beach for material or labor supplied by, to, for or
under the Contractor in connection with the Contractor's participation in the construction of the
Project, the Contractor will immediately pay and satisfy such claim or lien or furnish a sufficient
bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a
signed instrument fully releasing any such liens. The Contractor further agrees to fully
indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage,
including but not limited to attorneys' fees, which they may incur by reason of any such claim or
lien by, through or under the Contractor.
I further certify on behalf of and in the name of the Contractor that the Contractor has complied
with all federal, state and local tax laws, including social security laws, and unemployment
compensation laws and Workers' Compensation laws, insofar as same are applicable to the
performance of the Contractor's obligations in connection with the Project.
THAT the undersigned Contractor, in consideration of payment made to the undersigned of all
sums due the undersigned for labor and materials supplied prior to, through and including the
date of this release, and in connection with the Project,
which Project is owned by the City, does fully and finally waive and release any and all liens,
claims, actions, and demands, and all rights to same, against the City, the Project, the real •
property upon which the Project is located and any and all other property owned by the City, in
Page 1 of 2
® connection with labor, supplies, Materials and services supplied by the undersigned to the
Project prior to and through the date of this document; and
THAT the undersigned Contractor does acknowledge and represent that:
1. Through the date of this document, the undersigned has received total
payments in the amount of $ for labor and materials
supplied to or for the Project; and
2. The undersigned Contractor acknowledges receipt of payment in full of all
sums agreed and required to be paid to the undersigned in connection with the
Project for all labor and materials supplied by the undersigned to or for the ;
Project prior to, through and including the date of this document.
This instrument has been executed on , 200_.
CONTRACTOR:
By:
Name:
Title:
• STATE OF FLORIDA )
COUNTY OF BROWARD )
This instrument was acknowledged before me on 200 by
who signed it on behalf of the corporation identified above s
and who [ ] is personally know to me or [ ] produced as
identification.
Notary Public:
My Commission Expires:
Page 2 of 2
EXHIBIT F is
CERTIFICATE OF CONTRACTOR &
PARTIAL WAIVER OF LIEN
TO: City of Dania Beach,Florida`
PROJECT:
CONTRACTOR:
DATE: ,200_
The undersigned, being duly sworn, on oath deposes and says under penalty of perjury:
I am the of the corporation or other entity identified as the
Contractor, which entity has executed the attached Release and Waiver, and I certify that the
Contractor has paid all employees, subcontractors and materialmen in full for all labor and
materials supplied by them to, for or under the Contractor in connection with the above described
Project through and including the date of this instrument, except for such persons listed on the
attached sheet in the amount indicated opposite their names, who shall be paid in full within ten
(10) days after the date of this document.
On behalf of and in the name of the Contractor, I further covenant, warrant and represent that
should any claim or lien be filed against the City of Dania Beach, a Florida municipal
corporation (the "City"), or the Project, the real property upon which the Project is located or any
other property owned by the City of Dania Beach for material or labor supplied by, to, for or
;;under the Contractor in connection with the Contractor's participation in the construction of the
,; roject, the Contractor will immediately pay and satisfy such claim or lien or furnish a sufficient
bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a
signed instrument fully releasing any such liens. The Contractor further agrees to fully
indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage,
including but not limited to attorneys' fees, which they may incur by reason of any such claim or
lien by, through or under the Contractor.
I further certify on behalf of and in the name of the Contractor that the Contractor has complied
with all federal state and local tax laws, including social security laws, and unemployment
compensation laws and Workers' Compensation laws, insofar as same are applicable to the
performance of the Contractor's obligations in connection with the Project.
THAT the undersigned Contractor, in consideration of payment made to the undersigned of all
sums due the undersigned for labor and materials supplied prior to, through and including the
date of this release, and in connection with the Project, which Project is owned by the City, does
fully and finally waive and release any and all liens, claims, actions, and demands, and all rights
to same, against the City, the Project, the real property upon which the Project is located and any
and all other property owned by the City, in connection with labor, supplies, Materials and
Page 1 of 2
services supplied by the undersigned to the Project prior to and through the date of this
document; and
THAT the undersigned Contractor does acknowledge and represent that:
3. Through the date of this document, the undersigned has received total
payments in the amount of$ for labor and materials supplied
to or for the Project; and
4. The undersigned Contractor acknowledges receipt of payment in full of all
sums agreed and required to be paid to the undersigned in connection with the
Project for all labor and materials supplied by the undersigned to or for the
Project prior to, through and including the date below, it being understood that
retainage in the amount $ of is being withheld pursuant to
the terms of the Agreement.
This instrument has been executed on , 200 .
CONTRACTOR:
a Florida
By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF BROWARD )
This instrument was acknowledged before me on 200 by
who signed it on behalf of the corporation identified above
and who [ ] is personally know to me or [ ] produced as
identification.
Notary Public:
My Commission Expires:
Page 2 of 2
EXHIBIT G •
CERTIFICATE OF SUBCONTRACTOR &
PARTIAL WAIVER OF LIEN
TO: City of Dania Beach,Florida
PROJECT:
CONTRACTOR:
DATE: ,200_
The undersigned, being duly sworn,on oath deposes and says under penalty of perjury:
I am the of the corporation or other entity identified below as the
Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the
Subcontractor has paid all employees, contractors and materialmen in full for all labor and
materials supplied by them to, for or under the Subcontractor in connection with the above
described Project through and including the date of this instrument, except for such persons
listed on the attached sheet in the amount indicated opposite their names, who shall be paid in
full within ten (10) days after the date of this document.
On behalf of and in the name of the Subcontractor,I further covenant, warrant and represent that •
should any claim or lien be filed against the City of Dania Beach, a Florida municipal
corporation (the "City"), or the Project, the real property upon which the Project is located or
against the Contractor for material or labor supplied by, to, for or under the Subcontractor in
connection with the Subcontractor's participation in the construction of the Project, the
Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond,
pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens
and furnish the City and the Contractor a signed instrument fully releasing any such liens. The
Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and
employees, and the Contractor, its sureties, agents and employees, for any loss, cost or damage,
including but not limited to attorneys' fees, which they may incur by reason of any such claim or
lien by, through or under the Subcontractor.
I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has
complied with all federal, state and local tax laws, including social security laws, and
unemployment compensation laws and Workers' Compensation laws, insofar as same are
applicable to the performance of the Subcontractor's obligations in connection with the Project.
THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of
all sums due the undersigned for labor and materials supplied prior to, through and including the
date of this release, and in connection with the Project, which Project is owned by the City, does
waive and release any and all liens, claims, actions, and demands, and all rights to same, against
the City, the Project, the real property upon which the Project is located and any and all other
Page 1 of 2
• property owned by the City, in connection with labor and services supplied by the undersigned to
the Project prior to and through the date of this document; and
THAT the undersigned Subcontractor does acknowledge and represent that:
1. Through the date of this document, the undersigned has received total
payments in the amount of$ for labor and materials
supplied to or for the Project; and
2. The undersigned Subcontractor acknowledges receipt of payment in full of
all sums agreed and required to be paid to the undersigned in connection
with the Project for all labor and materials supplied by the undersigned to
or for the Project prior to, through and including the date of this document,
it being understood that retainage in the amount of$ is
being withheld pursuant to the terms of the Agreement.
This instrument has been executed on , 200
SUBCONTRACTOR:
By:
Name:
• Title:
STATE OF FLORIDA )
COUNTY OF BROWARD )
This instrument was acknowledged before me on 200 by
who [ ] is personally know to me or [ ] produced
as identification.
Notary Public:
My Commission Expires:
Page 2 of 2
EXHIBIT H
ASSIGNMENT
TO: City of Dania Beach,Florida
PROJECT:
CONTRACTOR:
DATE: ,200_
ASSIGNMENT OF RIGHTS UNDER
SUBCONTRACTOR CONTRACT
For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, whose mailing address is
(the "Contractor"), does TRANSFER,
ASSIGN and CONVEY to the CITY OF DANIA BEACH, a Florida municipal corporation,
whose mailing address is 100 West Dania Beach Blvd., Dania Beach, Florida 33004 (the "City"),
all of the rights, interests, benefits and privileges of the Contractor under (a) that certain
Subcontractor Contract (the "Subcontract") dated 200_, by and between the
Contractor and ("the Subcontractor"), a copy of which
Subcontract is attached as Exhibit "A" and made a part of this document, providing for a portion •
of the services, labor and materials that the Contractor is obligated to provide the City under that
certain Agreement (the "Agreement") dated 200 , for the construction, of a
Project and related improvements in Broward County, Florida (the "Project"), and (b) any and all
payment and performance bonds issued in conjunction with the Subcontract. However, the City
does not assume any of the Contractor's liabilities, duties or obligations under the Subcontract.
The foregoing Assignment constitutes a part of the security given to the City by the
Contractor to secure the Contractor's performance of the Agreement. Notwithstanding anything
in this instrument to the contrary, the City shall not exercise any rights under this instrument
unless an event of default or other termination shall have occurred under the provisions of the
Agreement. The City shall have the right, but not the duty, in the event of a default or
termination pursuant to the terms of the Agreement, to exercise all of its rights, interests, benefits
and privileges under the Subcontract.
Subcontractor agrees with the City as follows:
That Subcontractor consents to the foregoing assignment and agrees to notify the City in
writing at the same time Subcontractor notifies the Contractor of the occurrence of any failure of
payment under the provisions of the Subcontract or of the occurrence of any other default by the
Contractor under the provisions of the Subcontract.
That if the City notifies the Subcontractor in writing that an event of default by the
Contractor, or other termination, has occurred under the Agreement, the Subcontractor shall, at
Pagel of 3
• the City's request, waive the Contractor's default and continue performance on the City's behalf
under the Subcontract in accordance with its terms, provided that the Subcontractor shall be paid
in accordance with the Subcontract for the following as and when they are due under the
Subcontract:
(a) all services, work, labor and materials rendered on the Contractor's behalf prior to
the City's request;
(b) all services, work, labor and materials rendered on the City's behalf following the
City's request; and
(c) the amount of retainage, if any, withheld by the City from payments to the
Contractor made by the City prior to the City's request.
That in the event any Subcontract proceeds are disbursed by the City directly to the
Subcontractor, the Subcontractor will receive any such advances and will hold the same as a trust
and for the purpose of paying the costs of the labor performed and equipment and supplies used
in connection with the Project, and the Subcontractor will apply the same only to payment of
such costs and for no other purpose.
That upon the City's request, the Subcontractor shall furnish to the City a current list of
all persons or firms with whom or with which the Subcontractor has entered into subcontracts or
• other agreements relating to the performance of work or furnishing of materials in connection
with the Project which have a value of$1,000 or more, together with a statement as to the status
of each of such subcontract or agreement and the respective amounts, if any, owed by the
Subcontractor. The Contractor consents to the furnishing to the City of such list and statement.
Subcontractor consents to the City assigning the City's rights under this document to
anyone whom the City may choose to complete the Contractor's obligations, including without
limitation, the Contractor's surety.
That the City has no obligation to exercise its rights under this Assignment and
furthermore has no obligation to pay Subcontractor unless the City exercises its rights as set forth
in this document.
That this Assignment does not create third party beneficiary rights under the Agreement
in favor of anyone, including Subcontractor.
•
Page 2 of 3
IN WITNESS OF THE FOREGOING, this instrument shall be effective as of the date of the •
Subcontract.
CONTRACTOR:
a Florida corporation
By:
Name:
Title:
Date:
STATE OF FLORIDA )
COUNTY OF BROWARD )
This instrument was acknowledged before me on 200 by
who signed it on behalf of the corporation identified above
and who [ ] is personally know to me or [ ] produced as
identification. •
Notary P ublic:
My Commission Expires:
By the signature below of an authorized agent of Subcontractor, the foregoing Assignment is
acceptable.
SUBCONTRACTOR:
By: Name:
Title:
Date:
Page 3 of 3
• EXHIBIT I
PERFORMANCE BOND Bond No. 5326760
TO: City of Dania Beach,Florida
PROJECT: Water Main Looping-Downtown Water Main Improvements Project-Phase I
CONTRACTOR: MEF Construction, Inc.
DATE: ,200
CONTRACTOR (name and principal place of SURETY(name and principal place of
business): business):
MEF Construction, Inc. Great American Insurance Company
782 N.W. 42nd Avenue, Ste. 640 1060 Maitland Center Commons Blvd. , Ste. 100
Miami, FL 33126 Maitland, FL 32751
•
OWNER:
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
CONSTRUCTION CONTRACT
Date:
Amount: One Million Nine Hundred Fourty Four Thousand
Four Hundred Five and XX/100 ($1,944,405.00)
Description (name and location): Water Main Looping-Downtown Water Main Improvements
Project - Phase I
City Bid No. 05-003
•
Page 1 of 7
BOND
Date (not earlier than
Construction Contract
Date):
Amount: One Million Nine Hundred ($1,944,40 .00
Fourty Four Thousand Four Hundred Five and XX/100 Dollars
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal if applicable) Company: (Corporate Seal)
MEF Construction, Inc. Great American Insurance Company
_ n
Signature *gnature
MLrnUEL �C—AOA Michael Bonet
Name Name
T V-ESLOENT Attorney-In-Fact
Title Title
FLORIDA RESIDENT AGENT •
_8000 Governors Sq. Blvd. , Ste 400
Address Miami Lanes, FL 33016 #aae'lone Florida Resident .Agent
305-364-7800
Phone
305-822-5687
Fax
Page 2 of 7
• STATE OF FLORIDA )
COUNTY OF Broward )
KNOW ALL PERSONS BY THESE PRESENTS: That MEF Construction, Inc.
of the County of Babel , and State of Florida, as Principal, and Great American Insurance Company
authorized, licensed and admitted to do business under the laws of the State of Florida to act as
surety on bonds, as Surety, are held and firmly bound to the City of Dania Beach, a Florida
municipal corporation (the "Owner") as obligee, in the penal sum o££one Million Nine Hundred Fourt,,, :Foi
Yhousand F-ilr u,. arod Five and ,'
Dollars ($ 1,944,405)Olbr the payment of which, the Principal and Surety bind XX/100
themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, by these presents:
WHEREAS, the Principal has entered into that certain Agreement with the Owner, dated
, 200 , for the construction of certain improvements known as the Water Main
Looping — Downtown Water Main Improvements Program, Phase I (the "Agreement"), which
Agreement is by reference made a part of this document as fully and to the same extent as if
copied at length in it;
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the
Principal shall faithfully perform the Agreement and shall in all respects duly and faithfully
observe and perform each of the covenants, conditions, warranties and agreements in and by the
• Agreement agreed and covenanted by the Principal to be observed and performed, and according
to the true intent and meaning of the Agreement, then this obligation shall be void; otherwise to
remain in full force and effect.
Whenever Principal shall be, and declared by the Owner to be in default under the Agreement,
the Owner having performed the Owner's obligations under it, the Surety may promptly remedy
the default, or shall promptly:
1. The Contractor and the Surety, jointly and severally bind themselves, their heirs,
executors, administrators, successors and assigns to the Owner for the performance of the
Construction Contract, which is incorporated into this document by this reference.
2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall
have no obligation under this Bond, except to participate in conferences.
3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after:
(A) The Owner has notified the Contractor and the Surety at the addresses listed
above that the Owner is considering declaring a Contractor Default and has
requested and attempted to arrange a conference with the Contractor and the
Surety to be held not later than fifteen (15) days after receipt of such notice to
discuss methods of performing the Construction Contract. If the Owner, the
® Contractor and the Surety agree, the Contractor shall be allowed a reasonable time
Page 3 of 7
to perform the Construction Contract, but such an agreement shall not waive the •
Owner's right, if any, subsequently to declare a Contractor Default; and
(B) The Owner has declared a Contractor Default and formally terminated the
Contractor's right to complete the Contract. Such Contractor Default shall not be
declared earlier than twenty (20) days after the Contractor and the Surety have
received Notice of a Contractor Default; and
(C) The Owner has agreed to pay the Balance of the Contract Price to the Surety in
accordance with the terms of the Construction Contract or to a Contractor selected
to perform the Construction Contract in accordance with the terms of the Contract
with the Owner.
4. When the Owner has satisfied the conditions of paragraph 3, the Surety shall promptly
and at the Surety's expense take one of the following actions:
(A) Arrange for the Contractor, with consent of the Owner, to perform and complete
the Construction Contract; or
(B) Undertake to perform and complete the Construction Contract itself, through its
agents or through independent contractors determined to be qualified by Owner;
or
(C) Obtain bids or negotiated proposals from qualified Contractors acceptable to the •
Owner for a Contract for performance and completion of the Construction
Contract, arrange for a Contract to be prepared for execution by the Owner and
the Contractor selected with the Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified Surety equivalent to the
bonds issued on the Construction Contract, and pay to the Owner the amount of
damages as described in paragraph 6 below in excess of the Balance of the
Contract Price incurred by the Owner resulting from the Contractor's default; or
(D) Waive its right to perform and complete, arrange for completion, or obtain a new
Contractor acceptable to the Owner and with reasonable promptness under the
circumstances:
1. After investigation, determine the amount for which it may be liable to the
Owner and, tender payment therefor to the Owner; or
2. Deny liability in whole or in part and notify the Owner citing reasons
therefor.
5. If the Surety does not proceed as provided in paragraph 4 with reasonable promptness,
the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety demanding that the Surety
Page 4 of 7
perform its obligations under this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner.
6. After the Owner has terminated the Contractor's right to complete the Construction
Contract, and if the Surety elects to act, then the responsibilities of the Surety to the
Owner shall not be greater than those of the Contractor under the Construction Contract,
and the responsibilities of the Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the amount of this Bond, but
subject to commitment by the Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Surety is obligated without
duplication for:
(A) The responsibilities of the Contractor for correction of defective work and
completion of the Construction Contract;
(B) Additional legal, design professional and delay costs resulting from the
Contractor's Default, and resulting from the actions or failure to act of the Surety
under paragraph 4; and
(C) Liquidated damages, or if no liquidated damages are specified in the Construction
Contract, actual damages caused by delayed performance or non-performance of
the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that
are unrelated to the Construction Contract, and the Balance of the Contract Price shall not
be reduced or set off on account of any such unrelated obligations. No right of action
shall accrue on this Bond to any person or entity other than the Owner or its heirs,
executors, administrators or successors.
8. The Surety waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts,purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of
competent jurisdiction in the location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default or within two years after the
Contractor ceased working or within two years after the Surety refuses or fails to perform
its obligations under this Bond, whichever occurs first. If the provisions of this paragraph
are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the
addresses shown above.
11. When this Bond has been furnished to comply with a statutory or other legal requirement
in the location where the construction was to be performed, any provision in this Bond
• conflicting with such statutory or legal requirement shall be deemed deleted from this
Page 5 of 7
document and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated into this document. The intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
12. DEFINITIONS
(A) Balance of the Contract Price: The total amount payable by the Owner to the
Contractor under the Construction Contract after all proper adjustments have been
made including allowance to the Contractor of any amounts received or to be
received by the Owner in settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
(B) Construction Contract: The agreement between the Owner and the Contractor
identified on the first page of this document, including all Contract Documents
and changes to them.
(C) Contractor Default: Failure of the Contractor, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Construction
Contract.
(D) Owner Default: Failure of the Owner, which has neither been remedied nor
waived, to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms of such Contract.
Page 6 of 7
IN WITNESS OF THE FOREGOING, the Principal and Surety have signed and sealed this
• instrument on L}L�:>j /U , 200 L, .
PRINCIPAL SURE Y
Gr a eri n surapae Company
CONTRACTOR By: a
MEF Construction, Inc. Na Michael Bonet
Title: Attorney-In-Fact & Florida Resident Agent
Date:
By:
Name: Mt c ue t p
Title: Tg.Es tDEN-T
Date:
•
Page 7 of 7
•
This is the front page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Surety Name: GREAT AMERICAN INSURANCE COMPANY
1060 MAITLAND CENTER COMMONS BLVD., STE. 100
MAITLAND, FL 32751
866-768-5959
Bond Number: 5326760
Contractor Name: MEF CONSTRUCTION INC
782 NW LEJEUNE ROAD STE 640
MIAMI, FL, 33126 •
305-216-0977
Owner Name: CITY OF DANIA BEACH
100 W. DANIA BEACH BLVD.
DANIA BEACH, FL 33004
954-924-3742
Project Number: 05-003
Project Description: WATER MAIN LOOPING—DOWNTOWN WATER
MAIN IMPROVEMENTS PROJECT—PHASE I
Project Address: CITY OF DANIA BEACH, BROWARD COUNTY, FL
Legal Description of Property: WATER MAIN LOOPING—DOWNTOWN WATER
MAIN IMPROVEMENTS PROJECT—PHASE I
This is the front page of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
• EXHIBIT J
LABOR AND MATERIAL, PAYMENT BOND Bond No. 5326760
TO: City of Dania Beach, Florida /
PROJECT: Water Main Looping-Downtown Water Main Improvements Project - Phase I
CONTRACTOR: MEF Construction, Inc.
DATE: ,200
CONTRACTOR (name and principal place of SURETY(name and principal place of
business): business):
MEF Construction, Inc. Great American Insurance Company
782 N.W. 42nd Avenue, Ste. 640 1060 Maitland Center Commons Blvd. , Ste. 100
Miami, FL 33126 Maitland, FL 32751
• OWNER:
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach, FL 33004
CONSTRUCTION CONTRACT
Date:
Amount: One Million Nine Hundred Fourty Four Thousand
our Hundred Five an ($1,944,405.00)
Description (name and location) Water Main Looping-Downtown Water Main Improvements
rod ec -F h ase
City Bid No. 05-003
•
Page 1 of 5
BOND
Date (not earlier than
Construction Contract
Date):
One Million Nine Hundred Fourty Four Thousand
Amount: Four Hundred Five and XX/100 ($1,944,40 .00
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal if applicable) Company: (Corporate Seal)
MEF Construction, , Inc. Great American Insurance Company
Signature Si nature
LQ Lj-L O CA 1J A Michael Bonet
Name Name
T{S WEM'r Attorney-In-Fact
Title Title
FLORIDA RESIDENT AGENT •
, n
8000 Governors Sq. Blvd. , Ste. 400 , .
Address Miami Lakes, FL 33016 Mi ael Bonet, Florida Resident Agent
305-364-7800
Phone
305-822-5687
Fax
Page 2 of 5
1. The Contractor and the Surety, jointly and severally bind themselves, their heirs,
• executors, administrators, successors and assigns to the Owner to pay for labor, materials
and equipment furnished for use in the performance of the Construction Contract, which
is incorporated into this document by reference.
2. With respect to the Owner, this obligation shall be null and void if the Contractor:
(A) Promptly makes payment, directly or indirectly, for all sums due Claimants, and
(B) Defends, indemnifies and holds harmless the Owner, its elected officials,
employees, agents and Consultant from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is for the payment for labor,
materials or equipment furnished for use in the performance of the Work,
pursuant to the Construction Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the addresses first described above) of any
claims, demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is no Owner
Default.
3. With respect to Claimants, this obligation shall be null and void if the Contractor
promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to any Claimant under this Bond until:
(A) Any Claimants who are employed by or have a direct Contract with the
Contractor have given notice to the Surety (at the address first described above)
and sent a copy of notice of such claim, to the Owner, stating that a claim is being
made under this Bond and, with substantial accuracy, the amount of the claim.
(B) Claimants who do not have a direct Contract with the Contractor:
1. Have furnished written notice to the Contractor and sent a copy, or notice
of such claim, to the Owner, within 90 days after having last performed
labor or last furnished materials or equipment included in the claim
stating, with substantial accuracy, the amount of the claim and the name of
the party to whom or to which the materials were furnished or supplied or
for whom or for which the labor was done or performed; and
2. Have either received a rejection in whole or in part from the Contractor, or
not received within 30 days of furnishing the above notice any
communication from the Contractor by which the Contractor has indicated
the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written notice
to the Surety (at the address first described above) and sent a copy, of
• notice of such claim to the Owner, stating that a claim is being made under
Page 3 of 5
this Bond and enclosing a copy of the previous written notice furnished to
the Contractor. •
5. When the Claimant has satisfied the conditions of paragraph 4, the Surety shall promptly
and, at the Surety's expense, take the following actions:
(A) Send an answer to the Claimant, with a copy to the Owner, within 45 days after
receipt of the claim, stating the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
(B) Pay or arrange for payment of any undisputed amounts.
6. The Surety's total obligation shall not exceed the amount of this Bond.
7. Amounts owed by the Contractor under the Construction Contract shall be used for the
performance of the Construction Contract and to satisfy claims, if any, under any
Construction Performance Bond. By the Contractor furnishing and the Owner accepting
this Bond, they agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to, satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for the
completion of the work.
8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the
Contractor that are unrelated to the Construction Contract. The Owner shall not be liable •
for payment of any costs or expenses of any Claimant under this Bond, and shall have
under this Bond no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
9. The Surety waives notice of any change, including changes of time, to the Construction
Contract or to related subcontracts, purchase orders and other obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other than in a court
of competent jurisdiction in the location in which the work or part of the work is located
or after the expiration of one year from the date (1) on which the Claimant gave the
notice as required above or (2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the
addresses first shown above. Actual receipt of notice by Surety, the Owner or the
Contractor, however accomplished, shall be sufficient compliance as of the date received
at the addresses first described above.
•
Page 4 of 5
12. When this Bond has been furnished to comply with a statutory or other legal requirement
• in the location where the construction was to be performed, any provision in this Bond
conflicting with such statutory or legal requirement shall be deemed deleted from this
document and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated into this document. The intent is that this Bond shall be construed
as a statutory bond and not as a common law bond.
13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,
the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be
made.
14. DEFINITIONS
(A) Claimant: An individual or entity having a direct Contract with the Contractor or
with a Subcontractor of the Contractor to furnish labor, materials or equipment for
use in the performance of the Contract. The intent of this Bond shall be to include
without limitation in the terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in
the Construction Contract, architectural and engineering services required for
performance of the work of the Contractor and the Contractor's Subcontractors,
and all other items for which a mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were furnished..
• (B) Construction Contract: The agreement between the Owner and the Contractor
identified on the first page of this document, including all Contract Documents
and changes to them.
(C) Owner Default: Failure of the Owner, which has neither been remedied nor
waived, to pay the Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms of the Contract.
Page 5 of 5
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET ® CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 •
The number of persons authorized by
this power of attorney is not more than ONE
No.0 18051
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing
under and by virtue of the laws of the State of Ohio,does hereby nominate.constitute and appoint the person or persons named below its true and lawful attorney-
in-fact.for it and in its name,place and stead to execute in behalf of the said Company,as surety.any and all bonds,undertakings and contracts of suretyship,or
other written obligations in the nature thereof:provided that the liability of the said Company on any such bond.undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name Address Limit of Power
MICHAEL BONET MIAMI LAKES,FLORIDA UNLIMITED
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 3RD day of JANUARY . 2004
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHiO.COUNTY OF HAMILTON-ss: DAVID C.KITCHIN(513-412-4602)
On this 3RD day of JANUARY,2004 ,before me personally appeared DAVID C.KiTCHIN,tome known,being
duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great America
Insurance Company,the Company described in and which executed the above instrument,that he knows the seal of the said Company:that the seal affixed t
0
the said instrument is such corporate seal: that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name
thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March 1. 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is
authorized, from rime to tune, to appoint one or more Atorne-vs-in-Fact to ececure on behalf of the Company, as surety, anty and all bonds, undertakings and
contracts of.surehvship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to
revoke any such appointment at anv time.
RESOLVED FURTHER: That the Companv seal and the signature of any of the aforesaid o�cers and am,Secretary or Assistant Secretary of the
Cuntpnniv may be awed by facsimile to anv porter of attorney or certificate of either given for the execution of an bond, untdertaking,contract nr sureh"Ship,
or other written obligation in the nature thereof such signature and seal when so used being herehv adopted lw the Company as the original signature of such
officer and the original sea!of the Company, to be valid and binding upon the Company with the.cane force and effect as though manttralh nffiaed.
CERTIFICATION
I.RONALD C. HAYES.Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and scaled this day of •
S1029U(4-04)
• EXHIBIT K
NOTICE TO PROCEED
TO: City of Dania Beach,Florida
PROJECT:
CONTRACTOR:
DATE: ,200
You are notified that the Contract Times under the Agreement for the above Project will
commence to run on , 20 . By that date, you are to start performing your
obligations under the Contract Documents. In accordance with Exhibit A ("Contract Times")
attached to the Agreement, the dates of Substantial Completion and completion and readiness for
final payment (Final Completion) are , 200_ and , 200 (180/210
days, respectively).
Before you may start any Work at any Site, paragraph 11 of the Agreement requires you to
deliver to the City, which shall be listed as an additional insured, Certificates of Insurance that
you are required to purchase and maintain in accordance with the Contract Documents.
• Also before you may start any Work at the site,you must
(if necessary, add other requirements)
(CITY'S PROJECT REPRESENTATIVE)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
Page 1 of 1
i
I
CITY OF DANIA BEACH
Agenda Item#
L
r_
Agenda Request Database
Date of Commission Meeting: 6/27/2006
Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑X Presentation ❑ Continued from:
Requestetl AettOn ,(Itlenfiity apiropnate Actionor Motion)
ft
ti .. _. .....� . . ,m.w
o
Award of bid to MEF Construction for Water Main Looping Phase I Project
lAltiy Acti'
ppisg Necessary �� �'
z
.. z.. .. ff
. � �. �...�. .. �_ r,�_ e„. _ ,. �... _ _. .... ,
To allow for construction of new water main from Water Plant to Downtown area.
Fiat Action Accomplishes k ,p dje
F '
a`.;.. K, r;
Authorizes agreement between City and MEF Construction to begin water main construction
Purchasing R--' ests,ONLY
d
Dept: 3303 Water Utility Water Plant Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
.�iU a �r �
rnany E mxplanation/Background f ,Y
This is a portion of the City's infrastucture improvements
i
Fiscal Impact/Cbst Summary; ° fi
$1,944,405
Extibal
its,4ttached ru .s. .
�a.
Resolution
Memo
CDM Evaluation of Bids
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
:N
Authorized Signaturesa q
s „F&
Submitted by
Leo Williams Date 06/19/06
Department Director
Dominic Orlando Date 06/19/06
HR Director
Date
Finance Director
Patricia Varney Date 06/19/06
City Attornev
Thomas J. Ansbro Date 06/22/06
City Manager
Ivan Pato Date 06/22/06
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
�d 3
a�
i Cityof Dania Beach
e
a Department of Public Services
100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 J954)-923-1109(fax)
TO: Mayor Patricia Flury
Vice Mayor Robert Anton
Commissioner John Bertino
Commissioner Anne Castro
Commissioner C. K. McElyea
FROM: Ivan Pato, City Manager
VIA: Patricia Varney, Finance Director
VIA: Dominic F. Orlando, P.E. Director of Public Services
Date: May 19, 2006
RE: Approval of Bid Award to MEF Construction, Inc. for Water Main Looping Phase I -
Water Plant to Downtown Water Main
•
Introduction and Background
The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and
Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer
and stormwater systems in the City and recommends improvements to each system based on current
deficiencies, anticipated growth demands and compliance with federal and state environmental
mandates. The Water Main Looping Phase I - Water Plant to Downtown water main project is a
portion of this plan.
On May 10, 2006, the City received bids for the Water Main Looping Phase I - Water Plant to
Downtown water main project. The scope of services for this project involves the construction of a
20 and 16 inch water main from the water plant to downtown Dania Beach at the intersection of
Dania Beach Blvd. and US 1, and a 12 inch connector water main to Bryan Road. There were four
bidders for the project. One Bidder asked to withdraw their bid due to an error, withdrawal of which
was agreed to by staff, the City Attorney and FDEP Staff. The remaining three bids were evaluated
as follows:
Total Base Bid Bid Item A
MEF Construction, Inc. $1,794,405.00 $150,000.00
• GlobeTec Construction, LLC $1,975,665.00 $450,000.00
Intercounty Engineering, Inc. $2,431,915.00; $ 100,000.00
WWCIP-PH 1 WM Looping Bid Award
05-15-2006 Page 1
14104 l-Fi
�� � Imm
,
A_
DD
Irv ' City of Dania Beach
Department of Public Services
... .,. .... . .
100 West Dania Beach Blvd• Dania Beach, FL 33004 • (954) 924-3741 (954) 923-1109(fax)
The City bid selection team, including the project management consultant, recommend that the low
bidder, MEF Construction, Inc., be selected to perform the work and the bid be awarded to that
company in the amount of $1,794,405.00, plus Bid Item A of $150,000 for a total amount of
$1,944,405.00.
State Revolving Fund loans were identified in 2003 as the funding source for this project. The State
Revolving Fund loan priority list designates the City's Water Main Looping Phase I - Water Plant to
Downtown water main project as DEP Project No. DW060403 for financing of these activities. These
loan funds are designated as being for construction activities.
Recommendation
It is recommended that the City Commission approve a resolution to award the project to the low
bidder, MEF Construction, Inc. in the amount of $1,794,405.00, plus Bid Item A of $150,000 for a total
amount of$1,944,405,00, and authorize the City Manager to execute the documents.
0
•
WWCIP—PH 1 WM Looping Bid Award
05-15-2006 Page 2
com
. 6365 N.W.6th Way,Suite 320
Fort Lauderdale,Florida 33309
tei. 954 776-1731
fax: 954 928-1649
May 24, 2006
Mr. Dominic F. Orlando, P.E.
Director of Public Services
100 West Dania Beach Boulevard
Dania Beach, F133004
Subject: Evaluation of Bids Received on May 10,2006 for
City of Dania Beach-Water Main Looping- Downtown Water Main Improvements
Program, Phase 1
Bid No. W05-003
CDM Project No. 28037-46056-002
Dear Mr. Orlando:
Bids were received from four contractors for the referenced project. The bidders and bid
prices are summarized in the Bid Tabulation form, three copies of which are attached to this
letter. The bidders are listed in the Bid Tabulation in numerical order with the low bidder
first.
Bidder Grand Total Base Bid Alternative Bid Item A
1. Ocean Bay Construction Inc. $1,420,809.00 $106,868.00
2. MEF Construction Inc. $1,794,405.00 $150,000.00
3. G1obeTec Construction LLC. $1,975,665.00 $450,000.00
4. Intercounty Engineering Inc. $2,431,915.00 $100,000.00
Each bidder acknowledged receipt of Addenda 1 and 2. All bidders were present at the April
21,2006 mandatory pre-bid meeting. Bids for this project are valid for 60 days and expire on
July 9, 2006. All bidders submitted the following information as required by the Bid
Documents:
■ Bid Security Form
■ Acknowledgement of Inspection by Contractor
■ Acknowledgement of Contractor
■ Non-Collusion Affidavit
■ Sworn Statement of Public Entity Crimes
■ Drug Free Workplace Program Form
. Acknowledgement of Conformance with O.S.H.A. Standards
■ Acknowledgement of Conformance with Florida Trench Safety Act
Ph6674
consulting•engineering•construction•operations
•
com
Mr.Dominic F. Orlando, P.E.
May 24, 2006
Page 2
■ Subcontractor's List
■ Bidder's Sworn Qualification Statement
o A copy of required licenses
■ Proof of Insurance
The low bidder on the project is Ocean Bay Construction,Inc. of Pompano Beach, Florida with
a Grand Total Base Bid of$1,420,809.00. As stated in Addendum No. 1 "The Contract,if
awarded,will be awarded to the lowest responsible and responsive bidder whose bid meets
the requirements and criteria set forth herein,based on the Total Base Bid. Alternate bids shall
not be considered in the basis of award."
On May 16,2006 Mr. Ronald E. Penta of Ocean Bay Construction, Inc. sent a letter to
Mr. Tom Ansbro, City Attorney for the City of Dania Beach requesting to have Ocean Bay
• Construction Inc.'s bid withdrawn due to miscalculations. On May 24, 2006,Mr. Tom
Ansbro issued a letter to Ocean Bay Construction stating that their request had been
granted.
In lieu of these events,CDM has determined that the second lowest bidder,MEF Construction
Inc. of Miami, FL is the"lowest responsible and responsive bidder" with a Grand Total Base
Bid of$1,794,405.00.
MEF Construction, Inc.has been in operation for fourteen years. We contacted the following
references regarding MEF Construction Inc:
9 Ms. Sabrina Bagliery-Calvin Giordano and Associates
-Engineer for the City of Weston
Mr. Neal Potee-City of Miami
® Ms. Mariana Dominguez-Village of Key Biscayne
Ms. Sabrina Bagliery stated that working with MEF Construction Inc. was"okay". MEF
Construction worked with Calvin Giordano and Associates on a Drainage/Paving project with
the City of Weston. Mr. Neal Potee, of the City of Miami, stated that they had "various" projects
in the past,in addition to numerous ongoing projects with MEF Construction. He stated that
working with the company"went well". Ms. Mariana Dominguez, of the Village of Key
Biscayne, stated that she has worked with MEF Construction on various water, sewer and
sidewalk projects. She stated that MEF is"very knowledgeable," "accessible" and that they did
• not have any change orders with the contractor on her previous jobs. She also added that MEF
Construction Inc. has good"technical knowledge."
Ph6674
com
Mr. Dominic F. Orlando, P.E.
May 24, 2006
Page 3
Based on these discussions,CDM has determined that MEF Construction Inc. is a responsible
contractor,and is capable of undertaking and completing the City of Dania Beach Water Main
Looping-Downtown Water Main Improvements Program,Phase 1. We anticipate that MEF
Construction Inc. will be able to complete the project in a satisfactory and timely manner.
CDM recommends that the City of Dania Beach award a construction contract to the lowest,
responsive,qualified bidder,MEF Construction Inc. of Miami, Florida for the City of Dania
Beach Water Main Looping-Downtown Water Main Improvements Program, Phase 1 project.
The Total Base Cost of this project is$1,794,405.00 with an Alternative Bid Item Cost of
$150,000.00.
If you have any questions, comments, or require any additional information,please contact our
office.
• Very truly yours,
f/d
EdwA. cruse, :'.E.
Project Engineer
Camp Dresser &McKee Inc.
EAH/JFC/ph
Enclosures
File: 28037-46056-002
c: Fred Bloetscher, P.E.
Larry Adams, P.E.
Jillian Carty,E.I.
•
Ph6674