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HomeMy WebLinkAboutR-2005-104 Pier Restaurant bid award RESOLUTION NO. 2005-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH COASTAL CONTRACTING AND DEVELOPMENT FOR CONSTRUCTION OF THE CITY PIER RESTAURANT AND BAIT SHOP IN AN AMOUNT NOT TO EXCEED $1,371,480.00, INCLUDING CHANGE ORDER NOT EXCEEDING A TOTAL OF $124,680.00 (10%); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City advertised for bids for construction of the City Pier Restaurant and Bait Shop and two proposals were received by the City on June 15, 2005; and WHEREAS, the Project Manager Janet Palacino of Design and Construction Solutions and staff representing the City for the project have determined and is recommending that Coastal Contracting and Development can best provide the project services in an amount not to exceed $1,371,480.00, which amount includes a budget of$124,680.00 (10%) for change orders; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the recommendation of the Project Manager and City staff to award the Pier Restaurant and Bait Shop Project to Coastal Contracting and Development in an amount not to exceed $1,371,480.00, including a not to exceed sum of$124,680.00 for change orders, all as appearing in the documents attached as Exhibit "A", is approved and the proper City officials are authorized to execute an agreement and applicable change orders with that company. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on June 28, 2005. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO - YES LOUISE STIL'SON COMMISSIONER MCELYEA -NO CITY CLERK VICE MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FO AND CORRECTNESS BY: f"\ , AA A THO AS J. N' B CITY ATT RNEY 2 RESOLUTION#2005-104 t CITY OF DANIA BEACH MEMORANDUM e TO: Ivan Pato = City Manager FROM: Bonnie Temchuk Assistant to the C' nager Grants and Special Projects DATE: June 21, 2005 SUBJECT: Pier Restaurant and Bait Shop Construction Attached, please find a letter from Janet Palacino, Project Manager for the above referenced project. Ms. Palacino is recommending award of the construction to Coastal Contracting and Development in the amount of$1,246,800 plus a 10% contingency for possible change orders for a total of$1,371,480. Ms. Palacino states that the continuing cost of construction materials is the primary reason that the bid is more than the anticipated cost of the project. ® The City has allocated $1,000,000 for this project. After architectural costs and engineering costs, the remaining balance available for construction is $830,000. There will also be additional costs that the City is responsible for in preparation of the project. These items include moving the electrical poles and fire hydrant, installation of a new water meter and back flow preventers, and a canopy or some type of protective covered area for the dumpster. Public Services indicates that the costs are approximately $1,000.00 per item. Therefore, an additional $550,000 will be needed to complete this project. Our Director of Finance, Patricia Varney, is working on the potential funding sources for all needed additional funds. Recommendation is to present this to the Commission at the June 28th Commission meeting for discussion and possible action. AA003638 Design�`'�I' H CGC1506537 Solutions • M, 318 Indian Trace#335,Weston, Florida 33326 Ms. Bonnie Temchuk, Assistant to the City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33041 Re: Project 2005-PR-0I City of Dania Beach Pier Restaurant Dear Ms. Temchuk, I am writing this letter with regard to the referenced project and the associated preparation and details related to the project bid response. The following information should provide you with chronological details and information in sufficient detail for the City to make an informed decision related to bid award. 1. The City of Dania Beach contracted with Design& Construction Solutions, Inc. (DCS) on 4-12-05 to provide project management services for the referenced project. Services included oversight and coordination between the architect(Borrelli and Associates), the potential bidders, and the City related to any questions or concerns related to the bidding process. It also included coordination for any addendums that • needed to be prepared and distributed as well as matters that needed to be handled by the City in preparation for the upcoming construction. 2. The project was advertised in the Miami-Dade,Broward and Palm Beach areas twice during the week of 5-8-05. 3. In addition to the advertisements, both DCS and Borrelli and Associates contacted several contractors notifying them of the project in hopes of increasing bid participation. 4. On 5-25-05, there was a preconstruction meeting held at the City of Dania Beach. At that meeting, there were three general contractors who showed interest in bidding the project, Az Group, Coastal Contracting and Development and Siltek Construction. 5. During the course of advertisement, several questions were raised by the contractors who attended the pre-construction meeting and the questions resulted in the preparation and issuance of four addendums. The first two addendums were issued on 6-2-05, the third addendum was issued on 6-8-05, and the fourth addendum was issued on 6-10-05. 6. The project was bid on 6-15-05 and there were two responsive and responsible bids. The bids were submitted by Coastal Contracting and Development and by A Group. DCS is familiar with both firms and is comfortable that both Phone 954-660-0227 Fax 954-660-0563 E-mail H-ww.dcsolutions-inc.eom AA003638 Design(IONSUCHOR CGCI506537 — I � 318 Indian Trace#335 Weston Florida 33326 Ms. Bonnie Temchuk, Assistant to the City Manager Page 2 City of Dania Beach June 20, 2005 firms are reputable and capable of performing the work in an efficient, timely and quality fashion. 7. The base bids for each of the respondents (not including any additive alternates)were $1,975,562 for AZ Group, and $1,246,800 for Coastal Contracting and Development. 8. In March of 2005, The.City Commission established the budget for the entire project at $1,000,000. Given the low base bid from Coastal Contracting and including monies for potential changes to the contract during the course of construction, there is a shortfall. 9. There should be no surprise that the project is over the City's budget which was established in early 2005. As you aware, the cost of construction has risen at an alarming rate over the past year and a half. The cost of concrete has escalated over 30% in the past year alone as has the cost of reinforcing steel and other construction materials. Additionally, taking into account the fact that this project is located directly on the beach, the design was created such that the structure can withstand a hostile environment. To that end, several items were included in the design which had an impact on the higher bid price. Some of those higher ticket items included epoxy coated mechanical systems, air conditioning systems which were specially • treated to withstand the elements, an electrical system with stainless steel connectors and metal conduit(as opposed to the typical PVC). The reinforcement of the under pier structure was also a costly item. The above represents the salient points related to this project. It is the recommendation of both Borrelli and Associates and DCS that the City proceed with the award of this project to Coastal Contracting and Development. The contractor has successfully performed work with the City in the past and not only did they come in within the budget, but they were several months early on the recently completed Frost Park Community Center. Please feel free to contact me should you have any additional questions regarding this matter. Yours truly, Janet E. Palacino C: Mr. Stuart Grant, Borrelli and Associates Mr. Tom Ansbro, City Attorney Project File a Phone 954-660-0227 Fax 954-660-0563 E-mail www.dcsolutions-inc.com LL y. 4 rr. f LO .. . :. .a .. .. . It N s i V/ Q c Q a _O ch ag j ui r J J U) _ Z � � Z Z - 50 cn =t im 3 W W - W ` cn , m t C.. C" M } , > WCl. ~ � Cl. ~ � Cl. � Z CI. Z z CI. Z z Cl. z O UW � � O Uw � � � O UW � Ic�- Q H _ _ W W Q W Q W W Q 0_ �_ Q J LL W Q CL _� Q J LL W Q W h L.L a W = Cl. Y � F- QN � 2 � Y � � � Q =moz �. YG= Q U Cl. z 0 F- 0 } z � 0 z 0 � 0 } Z 0 — O U � 0 Q p � 0o LL � � � OQ � L) F- OOLL — < n tz0OLL LL QQW m LL X Q � J JU) W ZQ � J J Q � J J (n W ZQ � J Q W .JJQW � J < 0Z) u� WUzoH � U � � = mW0zOY0C) = crW J , g � zWOOo � � oC) NZWOOc� OEOC) WZW � � OW (nZZZQJ -JU W (/) ZZZ � J - u W (n zz � JJU '� N0 YYWD000mZ Q YYW [aQmZ ~ YY WDCoQmZ Q o � UCU cc: CC Z) 0009UUMIMD :DZ) 0 UUmocZ) D _-::) 0 ® Q QmQQr0a C3CO U QmQQH0CLOcnZ N co < < — oa_ 0U:) z .l i PlanWell' Wednesday, June 15, 2005 11:14:39AM ( Eastern Time ) Dania Beach Pier Restaurant Planholders List Project Information Project Hosted By Project Name Dania Beach Pier Restaurant Borrelli& Associates Project TSQI_Dania 4960 SW 72 Avenue Suite 408 Project Type Public Miami Florida USA 33155 305-665-8852 Company A2 Group,Inc. Address' 5001 SW 74 Court Suite 103 . Miami,Florida 33155 Phone(W) (305)668-8939 Fax (305)668-9454 Plans Ordered Originals Pape Size Quantity Order r 173129 Order Date: 5/26/2005 2:02:OOPM Ordered By Juan Carlos Muniz Recipient Juan Carlos Muniz (A=Group,Inc.) Bundle[Specifications] 18 8.5X11 1 Current Set 5/26/2005 16:27:00 59 30X42 1 Company American Fire Sprinkler Systems,Inc.: Address _ 16221 N.W.57th Avenue Miami,Florida 33014. Phone(W) 305-628-0100., Fax 305-628-3556 , Plans Ordered �. Originals Page Size �. Quantity t Order x 174943 Order Date:. 6/8/2005 7:55:OOAM ' .. Ordered By Omar Owe is Recipient Omar Oweis (American Fire Sprinkler Systems,Inc.) FP-1 1 30X42 1 FP-2 1 30X42 1 FP-3 1 30X42 1 FP-4 1 30X42 1 Company Borrelli&Associates' Address 4960 sw 72 Avenue Suite 408"_" Miami,Florida 33155:: Phone(W) 305-665-8852 Fax 305-665-9972 Plans Ordered Originals Page Size Quantity Order# 171115 Order Date: 5/16/2005 10:34:OOAM Ordered By Stuart Grant Recipient Stuart Grant (Borrelli&Associates) A2 1 30X42 1 A3 1 30X42 1 E 3.1 1 30X42 1 E-6.0 1i 30X42 i Company Coastal Contracting&Development,Inc.. Address 807 N Northlake Drive, - Hollywood,Florida 33019 Phone(W) 954-920-7444 Fax 954-927-4480 Plans Ordered Originals Page Size Quantity _. Or der x 171540 18 2005 6:17:OOAM Order Date.: 5/ / Ordered By Gary McGeddy Recipient Gary McGeddy (Coastal Contracting&Development,Inc. ) Current Set 5/18/2005 09:07:00 59 30X42 1 Bundle[Specifications] 18 8.5X11 1 • PlanW#oU Enterprise Page 1 of 6 i' P1anell' Wednesday,June 15, 2005 11:14:39AM ( Eastern Time) �- Dania Beach Pier Restaurant Planholders List Company East Coast MEtaI Decks Address 4978 Pinetree Drive Lake Worth,Florida 33463 Phone(W) 561-272-5417 Fax 561-276-9910 Plans Ordered Originals � Pape Size � Quantity Order,n 171918 Order Date: 5/19/2005 1:17:OOPM Ordered By Daymon Potter Recipient Daymon Potter (East Coast MEtal Decks) T OF C_PAGE_1 1 8.5X11 1 T OF C_PAGE_2 1 8.5X11 1 DIV 1 1 8.5X11 1 DIV 2 1 8.5X11 1 DIV 3 1 8.5X11 I DIV 4 1 8.5X11 1 DIV 5 I 8.5Xi1 1 DIV 6 1 8.5X11 1 DIV 7 1 8.5X11 1 DIV 8 1 8.5X11 1 DIV 9 1 8.5X11 1 DIV 10 1 8.5X11 1 DIV it 1 8.5X11 1 DIV 12 1 S.SXil 1 DIV 13 1 8.5X11 1 DIV 14 1 8.5X11 1 DIV 15 1 8.5X11 1 . DIV 16 1 8.5X11 1 S-1 1 30X42 1 S-2 I 30X42 1 S-3 1 30X42 1 S-4 1 30X42 1 S-5 1 30X42 1 S-6 1 30X42 1 AD 1 30X42 1 A3 1 30X42 1 A4 1 30X42 1 A5 1 30X42 1 A6 1 30X42 1 A7 1 30X42 1 AB i 30X42 1 A10 1 30X42 1 All 1 30X42 1 Al2 1 30X42 1 A13 1 30X42 1 A14 1 30X42 1 A15 1 30X42 1 A17 i 30X42 1 A18 i 30X42 1 A19 1 30X42 1 A20 1 30X42 1 A21 1 30X42 1 A22 1 30X42 1 COVER 1 30X42 1 LS1 1 30X42 1 Planv#Ml Enterprise Page 2 of 6 PlanWell' Wednesday,June 15, 2005 11:14:39AM C Eastern Time ) �— Dania Beach Pier Restaurant Planholders List Company Horizon Plumbing&Mechanical contractors,inc. Address 7070 nw 77 court miami,Florida 33166 Phone(W) 305-592-6389 Fax 305-592-0686 Plans Ordered Originals Page Size Quantity Order,# 174262 Order Date: 6/3/2005 11:47:OOAM Ordered By Bill Bozeman Recipient Bill Bozeman (Horizon Plumbing&Mechanical contractors,inc.) AO 1 30X42 1 Al 1 30X42 1 A2 1 30X42 1 A3 1 30X42 1 A4 1 30X42 1 AS 1 30X42 1 A6 1 30X42 1 A7 1 30X42 1 AS 1 30X42 1 A10 1 30X42 1 All 1 30X42 1 Al2 1 30X42 1 A13 1 30X42 1 A14 i 30X42 1 A15 1 30X42 1 A17 1 30X42 1 A18 1 30X42 1 • A19 1 30X42 1 A20 1 30X42 1 A21 1 30X42 1 A22 1 30X42 1 3 FP-1 1 30X42 1 FP-2 1 30X42 1 FP-3 1 30X42 1 FP-4 1 30X42 1 P-1 1 30X42 1 P-2 1 30X42 1 P-S 1 30X42 1 P-4 1 30X42 1 P-3 1 30X42 1 P-6 i 30X42 1 P-7 1 30X42 1 M-1 1 30X42 1 M-2 1 30X42 1 M-3 1 30X42 1 M-4 1 30X42 1 M-5 1 30X42 1 M-6 1 30X42 1 M-7 1 30X42 1 Company McGraw-Hill Dodge Address 2617 N Australian Ave West Palm Beach,Florida 33407 Phone(W) : 561-802-9939 Fax 561-802-9082 Plans Ordered Originals Page Size I Q uantity Order zr 170631 Order Date: 5/12/2005 6:54:OOAM Ordered By Annette Lamont ` PlanWall Enterprise Page 3 of 6 0 Plan ell* Wednesday,June 15, 2005 11:14:39AM ( Eastern Time ) .d9M& — Dania Beach Pier Restaurant Planholders List Now ? Company McGraw-Hill Dodge _.. ... . ._ __ Address 2617 N Australian Ave West Palm Beach,Florida 33407 Phone(W) 561-802-9939 Fax 561-802-9082 Plans Ordered. Originals Page Size Quantity Recipient Annette Lamont (McGraw-Hill Dodge) Current Set 5/12/2005 08:59:00 59 30X42 1 Company" Professional Iron Ornament al Address 3625 Pembroke Rd C-6 Hollywood,Florida 33021 Phone(W) 954-966-9915 Fax Plans Ordered Originals Page Size Quantity Order# 175403 Order Date: 6/10/2005 8:07:OOAM Ordered By Alberto Tomasinl Recipient Alberto Tomasini (Professional Iron Ornamental) Current Set 6/10/2005 11:02:00[Architectural) 23 30X42 1 Company':: SILTEK GROUP INC Address : 481 RANCH ROAD WESTON,Florida 33326 Phone(W) (954)217-6829 Fax (954)217-1728 . Plans Ordered Originals Page Size Quantity Order 171113 Order Date: 5/16/2005 10:06:OOAM Ordered By ANA SILVEIRA Recipient ANA SILVEIRA (SILTEK GROUP INC) Current Set 5/16/2005 12:16:00 [Structural) 8 30X42 6 Current Set 5/16/2005 12:16:00[Fire Protection] 4 30X42 3 Current Set 5/16/2005 12:16:00[Plumbing) 7 30X42 3 Current Set 5/16/2005 12:16:00[Mechanical) 7 30X42 3 Current Set 5/16/2005 12:16:00 [Electrical] 10 30X42 3 A3 1 30X42 7 A14 1 30X42 2 A2 1 30X42 5 A6 1 30X42 5 A18 1 30X42 5 A22 1 30X42 5 Order 170716 Order.Date: 5/12/2005 10:07:OOAM Ordered By ANA SILVEIRA % Recipient ANA SILVEIRA (SILTEK GROUP INC) COVER 1 _ 15X21 1 tS1 1 15X21 1 AO 1 15X21 1 Al 1 1SX21 1 A2 1 15X21 1 A3 1 15X21 1 A4 1 15X21 i AS 1 15X21 1 A6 1 15X21 1 A7 1 15X21 1 A8 1 15X21 1 A10 1 15X21 1 All 1 15X21 1 Al2 1 15X21 1 A13 1 15X21 1 PlantVan Enterprise Page 4 of 6 PianWetl' Wednesday,June 15, 2005 11:14:39AM ( Eastern Time ) Dania Beach Pier Restaurant Planholders List Company SILTEK GROUP INC . Address ; 481 RANCH ROAD WESTON,Florida 33326 Phone(W) (954)217-6829 Fax (954)217-1728 Plans Ordered Originals Page Size I Quantity A14 1 1SX21 1 A15 1 15X21 1 A17 1 15X21 1 A18 1 15X21 1 A19 1 15X21 1 A20 1 15X21 1 A21 1 15X21 1 A22 1 15X21 1 5-01 1 15X21 1 S-02 1 1SX21 1 S-1 1 15X21 1 S-2 1 1SX21 1 S-3 1 15X21 1 S-4 1 15X21 1 5-5 1 15X21 1 5-6 1 15X21 1 FP-1 1 15X21 1 FP-2 1 I5X21 1 FP-3 1 15X21 1 FP-4 1 15X21 1 • P 1 1 15X21 1 P-2 1 15X21 1 P-3 1 15X21 1 P-4 1 15X21 1 P-5 1 15X21 1 P 6 1 15X21 1 P-7 1 15X21 1 M-1 1 15X21 1 M-2 i 15X21 1 M-3 1 15X21 1 M-4 1 15X21 1 M-5 1 15X21 1 M-6 1 15X21 1 M-7 1 15X21 1 E-1.0 1 1SX21 1 E-2.0 1 15X21 1 E-2.1 1 15X21 1 E-3.0 1 15X21 1 E-3.1 1 1SX21 1 E-4.0 1 15X21 1 E-5.0 1 15X21 1 E-6.0 1 15X21 1 E-7.0 1 15X21 1 E-8.0 1 15X21 1 • Planpoll Enterprise Page 5 of 6 Pfanef9' Wednesday,June 15, 2005 11:14:39AM ( Eastern Time ) Dania Beach Pier Restaurant Planholders List Company ; .Southern Steel Address 5001 Sw 74th Crt.Suite 208 Miami,Florida 33155 Phone(W) 305-662-2365 Fax .305-662-2366 Plans Ordered Originals Page Size Quantity Order# 174524 Order Date: 6/6/2005 1:54:OOPM Ordered By Pablo Debs Recipient Pablo Debs (Southern Steel) S-01 1 15X21 1 j S 02 1 15X21 1 S-1 1 15X21 1 S-2. 1 15X21 I S-3 1 15X21 1 S 4 1 1SX21 1 S 5 1 1SX21 1 S 6 1 1SX21 1 S-01 1 15X21 1 5 O1 1 15X21 1 5-02 1 1SX21 1 i S-3 1 15X21 1 S-4 1 1SX21 1 S-5 1 15X21 1 S-6 1 15X21 1 S-1 1 1SX21 1 S-2 1 1SX21 1 End of Report • Planwea Enterprise Page 6 of 6 DANIA BEACH PIER RESTAURANT & BAIT SHOP NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE SHEET WEDNESDAY, MAY 25, 2005 AT 10:00 AM NAME COMPANY ADDRESS TEL# • M 1 11 woo 2 �'l001 3 o- y �J AtKET- 66PIKEW -t- P/ fM 41,60 SW 72Na V 3�5665.88 i� ® NT T R CO RAC O AGREEMENT THIS AGREEMENT (the "Agreement") is entered into and effective on ;9 A, 200 � 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 COASTAL CONTRACTING & DEVELOPMENT, INC., a Florida corporation ("Contractor") having an address of 807 North Northlake Drive, Hollywood, FL 33019. RECITALS 1. City is the owner of certain real property located in the vicinity of North Beach Road in the City of Dania Beach, Florida. 2. On May 8, 2005, the City issued a Request for Proposal (the "RFP") for the provision of construction services for a "Pier Restaurant and Bait Shop Shell" (the "Project"). 3. In response to the RFP, Contractor submitted a proposal to construct the proposed Project. 4. City desires to retain the services of Contractor, and Contractor agrees to build the Project, 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 design and construction of 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. Project Description. The "Project" consists of the construction of a Pier Restaurant and Bait Shop Shell, as outlined in Attachment "A" to the RFP. 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 Ivan Pato, City Manager Phone 954-924-3610 No: City's Project Janet Palacino and Phone 954-660-0227 Representative _ Joseph Cangialosi Nos: F--- ---- - - - Phone — ---- Contractor's Project Gary McGeddy No: 954-920-7444 Re resentative _ Phone Consultants Borrelli & Partners No: _ 305-665-8852 Phone--- ------------------- TLC Engineering No: 305-266-6553 1.3 Services. The Contractor shall complete the construction of the Project in accordance with the tenns 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 Exhibit "A" to this Agreement (the "Contract Time"). The Contract Time set forth in Exhibit "A" shall commence to run on the thirtieth (301h)day after the effective date of this Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed., A Notice to Proceed may be given at any time within thirty (30) days after the effective date of this Agreement. 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 Construction 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, two hundred and forty six thousand, eight hundred Dollars ($1,246,800.00). 2. DEFINITIONS. For the purposes of this Agreement, the following terms are defined: 2.1 "Addendum", "Addenda" and "Amendment" mean 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 ® City. 2.2 "Attachments" means the written documents attached to the RFP by the 2.3 "Building Division"means the City of Dania Beach Building Division. 2.4 "City"means the City of Dania Beach. 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, architectural, structural, mechanical, electrical, plumbing, and fire protection systems, 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 Design & Construction Solutions, Inc., a Florida corporation. < 2.13 "Design Services" are all design services performed by the City's Consultant. 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. 3 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". 2.18 "Owner"means the City of Dania Beach, Florida. 2.19 "Project"means the construction, in accordance with this Agreement and the Contract Documents, of the Pier Restaurant and Bait Shop Shell. 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, including all documents included within, attached to, and referenced in it. 2.23 "Schedule of Values" means a statement furnished by he t • 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 premises) required to complete the Work as set forth in the Contract Documents. Substantial Completion shall be deemed to have occurred upon the submission of a Certificate of Substantial Completion (in the standard AIA form) to the City by the architect of record and the issuance of a Temporary Certificate of Occupancy for the Project. 2.27 "Work" means the Construction Work of the Project required of the Contractor under the terms of this Agreement and the Contract Documents. t 4 3. ADMINISTRATION OF THE CONTRACT. ® 3.1 The City's Project Re resentative will have the authority to act on behalf of th Y J P Y e 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 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 be 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. 5 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. 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 assembly 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, the Florida Accessibility Code and the Americans with Disabilities Act (ADA). 4.1.2 The City has been advised by its Consultant 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 6 specifications furnished to the Contractor that,are defective or contain errors, conflicts ® or omissions, will be promptly corrected by the Consultant. 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 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 consultants 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. 7 4.1.8 Neither City nor the City's Project Representative or Consultant 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 infonnation provided by the City unless Contractor should have reasonably recognized an error, inconsistency 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 8 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. At the intervals established on the approved submittal schedule, the Contractor shall submit two (2) 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 Consultant 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, 9 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, processor 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, 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., nonoffice), 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 10 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, a detailed cost breakdown (Schedule of Values), and a list of Contractor's team members. 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 as required as part of the Contractor's proposal 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. 11 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 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 12 required by the City's Project Representative. This shall include all changes in the Work during the Construction Phase. 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 the number of calendar days shown on Exhibit "A" (the "Contract Times") following Contractor's receipt of the applicable 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 13 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 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 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 14 Completion. Corrections or modifications of Project closeout submittals shall ® not be used as justification for a time extension. 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, $750.00 (Seven hundred fifty dollars) 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 15 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 • 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 shalt 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 16 proceed to perform the Work required by City's Change Order Request upon receipt of ® 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 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 17 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 (0 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. 18 9.5 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 Final Payment (as defined in Section 9.6). For portions of the Work where the Contractor pays one hundred percent (100%) of labor and agreed upon burden or an invoice from a Subcontractor, vendor, materialmen, or supplier, such retainage shall not be required. The foregoing shall not apply to self-performed Work and the Contract Sum from which ten percent (10%) shall be retained by the City until Final Payment. If the Contractor has furnished Bonds in accordance with Section 13.1, and the Contractor is performing satisfactorily when the Contractor obtains and delivers to the City the Temporary Certificate of Occupancy or the Certificate of Occupancy, City may elect to reduce the amount retained. All requests for retainage reductions must be made in writing prior to invoicing for same. City may, but shall not be obligated to, request consent of the Contractor's surety to such reduction. The Contractor may also apply for a release of retainage for Subcontractors, vendors, materialmen, and suppliers for portions of the Work that have been one hundred percent (100%) complete for thirty (30) days or more. 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 payments due them on the Project. ® 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 19 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. 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 20 • funds received from City. Such statement shall itemize all disbursements to Subcontractors, materialmen, and vendors, and if required by City, shall be 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. 21 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. • 22 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 care normally exercised in the conduct of the business of a general Contractor experienced in the- performance of work of magnitude, complexity and type 23 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 r 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 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 24 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. 912.9 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. 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. 25 10. CONTRACTS AND PURCHASE ORDERS. 10.1 Thirty30 calendar days after execution of the Agreement, ( ) y g Bement, . 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 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 26 NAMED INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE WORD 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. USL&H coverage must also be provided by Contractor and any Subcontractor for any Work conducted on or from a barge, boat or vessel. 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 occurrence combined single limit for Bodily Injury and Property Damage including coverage for contractual liability, personal ® injury, broad form property damage, products and completed 27 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 ofinsurance. Liability policies shall be endorsed to provide the following: • g 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 Attention: Risk Manager 100 West Dania Beach Blvd. • Dania Beach, Florida 33004 28 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, Consultant 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 Consultant, 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 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. 29 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 Location 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. 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 30 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 SPECIFICATIONS. Concurrent with the Final Request for Payment, the Contractor shall furnish final as-built Plans and Specifications (including surveys) to the City's Project Representative in a format acceptable to the City's Project Representative, showing the exact locations of all structures and water, sewer, gas, fuel, telephone, security, and electric lines and mains and of all easements for such utilities then existing. Such as-built Plans and Specifications and surveys shall be prepared by, as applicable, a licensed architect or surveyor who shall certify that the Work is installed and erected entirely upon the Project Location and within the building restriction lines, if any, and does not overhang or encroach upon any easement or right- of-way of others. 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, ireleases, 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. 31 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 at the Project Location 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 on the Project Location any Hazardous Substance, or what the Contractor reasonably believes to be a Hazardous Substance, and which is being introduced to the Work, or exists on a Project Location, 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 32 • resumed except by 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 at the Project Location, 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 33 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. 34 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. 23.5 Emergencies. In emergencies - g g s affecting the safety or protection of persons or property at the Project Site or adjacent to the Site, Contractor, without 35 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, Consultant 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, r 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. 36 • 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: 25A.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; 25.4.2 the specific -matters to be- covered b such- authority and - p Y Y responsibility will be itemized; and 37 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 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 38 • 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 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. 39 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 Consultant, 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 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. • 40 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; SEVERABILITYY; 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 Cityshall have the right at an time on not less than seven 7 days g y O 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 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 41 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 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. - 42 . 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 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 43 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. 42.3 At the completion of the Work, the Contractor shall furnish six (6) . certified prints and a sepia on 3 Mil Mylar of the survey to the City's Project Representative and an electronic version of the survey prepared in Autocad 2000 format delivered on a compact disk. This is a critical item and final payment will be withheld from the Contractor until the "Record Drawings" and final survey are furnished to the City's Project Representative. 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 44 • 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 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. 45 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. 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 Design&Construction Solutions, Inc. _ - Attention: Janet Palacino 318 Indian Trace #335 Weston, FL 33326 46 Borrelli and Partners • Attn: Mr. J. Borrelli 4960 S.W. 72"d Ave., Suite 408 Miami, Florida 33155 If to Contractor: Coastal Contracting&Development, Inc. Attention: Gary McGeddy 807 N. Northlake Dr. Hollywood, FL 33019 IN WITNESS OF THE FOREGOING, this Agreement is executed and effective as of the date first above set forth. CONTRACTOR Coastal o tracti g Develo nt,Inc. .a Florid co t' By: Name: .r e J Title: • Dated: %4' , 200 S CITY: CITY OF DANIA BEACH, a Florida municipal corporation By: Mayor, Ivan Pato City.Manager Dated: y y� :/` �U , 200 ATTEST: By. Louise Stilson, City Clerk APPROVED AS FORM AND CORRECTNESS: B �,� ~ t Y: Thomas J. Ansb o, City Attorney 47 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 two hundred seventy (270) days after issuance of such Notice. Final Completion (inclusive of all "pu rich 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) Seven Hundred Fifty Dollars ($750.00) 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) Seven Hundred Fifty Dollars ($750.00) 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. • 0 • Page 1 of 1 • EXHIBIT B, CHANGE ORDER TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. 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 change(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, Coastal Contracting & Development, Inc. a Florida municipal corporation a Florida corporation 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: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. 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 $ (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) $ Pagel 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 Coastal Contracting &.Development, Inc. a Florida corporation 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 WAIVERt OF LIEN TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. 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 to same, against the City, the Project, the real property upon which the Project is located and any Page 1 of 2 • 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: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. 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 and who [ ] is personally know to me or [ ) produced as identification. Notary Public: My Commission Expires: Page 2 of 2 EXHIBIT F CERTIFICATE OF CONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. 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 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: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. 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: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. 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 r Page 1 of 3 • Contractor, or other termination, has occurred under the Agreement, the Subcontractor shall, at 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$1,000 or more, together with a statement as to the status of each of such subcontract or agreement and the respective amounts, if any, owed by the Subcontractor. The Contractor consents to the furnishing to the City of such list and statement. Subcontractor consents to the City assigning the City's rights under this document to anyone whom the City may choose to complete the Contractor's obligations, including without limitation, the Contractor's surety. That the City has no obligation to exercise its rights under this Assignment and furthermore has no obligation to pay Subcontractor unless the City exercises its rights as set forth in this document. 0 That this Assignment does not create third party beneficiary rights under the Agreement in favor of anyone, including Subcontractor. Page 2 of 3 IN WITNESS OF THE FOREGOING, this instrument shall be effective-as of the date of the • Subcontract. CONTRACTOR: Coastal Contracting & Development, Inc. a Florida corporation By: Name: Title: Date: STATE OF FLORIDA ) COUNTY OF BROWARD ) This instrument was acknowledged before me on 200 by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. • Notary Public: My Commission Expires: By the signature below of an authorized agent of Subcontractor, the foregoing Assignment is acceptable. SUBCONTRACTOR: 0 By: Name: Title: Date: Page 3 of 3 • EXHIBIT I PERFORMANCE BOND TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. DATE: , 200 CONTRACTOR (name and principal place of SURETY(name and principal place of business): business): • OWNER: City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 CONSTRUCTION CONTRACT Date: Amount: Description (name and location): City Bid No. Page 1 of 7 BOND Date (not earlier than Construction Contract Date): Amount: ($ , CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal if applicable) Company: (Corporate Seal) Signature - Signature Name Name Title Title • FLORIDA RESIDENT AGENT Address Phone Fax • Page 2 of 7 STATE OF FLORIDA ) COUNTY OF ) KNOW ALL PERSONS BY THESE PRESENTS: That of the County of , and State of Florida, as Principal, and , 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 of Dollars ($ ) for the payment of which, the Principal and Surety bind 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 Pier Restaurant and Bait Shop Shell (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. 0 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 • 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 Page 3 of 7 (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 perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. • Page 4 of 7 • 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 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. Page 5 of 7 12. DEFINTI'IONS (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 , 200 PRINCIPAL SURETY CONTRACTOR By: Name: Title: Date: By: Name: Title: Date: • a • Page 7 of 7 EXHIBIT J LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. DATE: , 200 CONTRACTOR(name and principal place of SURETY(name and principal place of business): business): OWNER: City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 CONSTRUCTION CONTRACT Date: August 1, 2005 Amount: $1,246,800.00 Description (name and location) Dania Beach Pier Restaurant & Bait Shop Page 1 of 5 • BOND Date (not earlier than Construction Contract Date): Amount: ($�� CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal if applicable) Company: (Corporate Seal) Signature Signature _ Name Name Title Title • FLORIDA RESIDENT AGENT Address Phone 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 e 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 fumished 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 Bond No. 21BCSDG4451 EXHIBIT I PERFORMANCE BOND TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. DATE: August 1 , 200 5 CONTRACTOR (name and principal place of SURETY(name and principal place of business): business): COASTAL CONTRACTING & DEVELOPMENT, INC. Hartford Fire Insurance Company 807 North Northlake Drive 690 Asylum Avenue • Hollywood, FL 33019 Hartford, CT 06115 (954) 920-7444 (888) 266-3488 OWNER: City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 CONSTRUCTION CONTRACT a Date: August 1, 2005 Amount: $1,246,800.00** Dania Beach Pier Restaurant Description (name and location): and Bait Shop City Bid No. • Page I of 7 BOND _ Date (not earlier than Construction Contract Date): August 1, 2005 One Million 'Two Hundred Forty Amount: Six Thousand Eight Hundred ($1 246 800 And No/100** CONTRACTOR AS PRINCIPAL SURETY Company (Corpo to Seal if applicable) Company: (Corporate Seal) Coasta C ntr ct ng & Development Hartford Fire Insurance Company Inc. Signature i ture Warren M. Alter Name Name r� Attorney In Fact Title Title • FLORIDA RESIDENT AGENT Warren M. Alter 5979 NW 151st St. , #105, Miami Lakes, FL 33014 Address (305) 822-7800 Phone (305) 558-9650 _ Fax - Page 2 of 7 • STATE OF FLORIDA ) COUNTY OF Miami-Dade ) COASTAL CONTRACTING & KNOW ALL PERSONS BY THESE PRESENTS: That DEVELOPMENT, INC. of the County of Broward , and State of Florida, as Principal, and Company ire nsuranc�e 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 �fijyioe�wb allFI *dad Forty Six REM municipal corporation(the"Owner"), as obligee, in the penal sum ofThousand Eight Hundred And No/100, Dollars ($1,246,800.00) for the payment of which, the Principal and Surety bind 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 August L , 2005 , for the construction of certain improvements known as the Pier Restaurant and Bait Shop Shell (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 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 Page 3 of 7 (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 perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. Page 4of7 . 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 • 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. Page 5 of 7 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 August 1 , 200 5 PRINCIPAL S Cgastal Contracting & Development, Hart or F' e Insu/rnce nc. Company CONTRACTOR By: Na e: arren M. Alter Title: Attorney In Fact Date: August 1, 2005 By:- Vanle: ro 1�:�le: •1 Date: Page 7 of 7 • Obligee's/lnsured's Name The City of Dania Dania Leach Coastal Contracting&Development,Inc. Obligee'sllnsured's Mailing Address soo West Dania Beach Boulevard IMPORTANT NOTICE TO Dania Beach,FL 33oo4 OBLIGEES/POLICYHOLDERS— 807North Northla&e Drive TERRORISM RISK INSURANCE ACT Hollywood, FL 33oig OF 2002 Bond/Policy Number 21 BCSDG 4451 - You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is . limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States America under a formula established by Federal Law. Under this formula, the United States w pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of$100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. Terrorismpremium: $o Form B-3333-0 Page 1 of 1 © 2002, The Hartford Direct Inquiries/Claims to: THE HARTFORD BOND,T-4 POWER 1 - ATTORNE - 690ASYLUMAVENUE • HARTFORD,CONNECTICUT 06115 call:888-266-3488 orfax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C.Aceves, Warren Alter, Charles D. Nielson of Miami Lakes, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 4oa SriY tSRLIM 9xl it�1 deb [ I * ;ag.m E g' i 6 T� _S * 1e 3 r bud \rxtrriar aa�M1 t8T8 .� -.IgpB.� Paul A.Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President STATE Of CQN'NECTICUT Hartford COUNTY;OF HARTt=ORD On this 23rd day of July, 2003, before me personally came David T. Akers,to me known, who being by me duly sworn, did depose and say:that he resides in the County of Hampden,-Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that he knows'the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. � � • Scott E.Paseka Notary Public CERTIFICATE My Commission Expires October 31,2007 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Augus t 1, 2005 Signed and sealed at the City of Hartford. r�+it iFZ �� �v Il�puater<o = 3xGevoW f9 4 te,j n t • r #"' "\a.rrt nc+�0 I6litN ;y�. t879 } ;S,I976 c 3 29!C4 .6. * \9\'' '+bew�' �x�'A'•.'tab t .::: s'a.,y.=flros� � �Aera► OfI Gary W.Stumper,Assistant Vice President Bond No.-21BCSDG4451 - EXIIIBIT J • LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting &Development, Inc. DATE: August 1 , 200 5 CONTRACTOR(name and principal place of SURETY(name and principal place of business): business): COASTAL CONTRACTING & DEVELOPMENT, INC. Hartford Fire Insurance Company 807 North Northlake Drive 690 Asylum Avenue Hollywood, FL 33019 Hartford, CT 061.15 (954) 920-7444 (888) 266-3488 OWNER: City of Dania Beach 100 West Dania Beach Blvd, Dania Beach, FL 33004 CONSTRUCTION CONTRACT Date: August 1, 2005 Amount: $1,246,800.00 Description (name and location) Dania Beach Pier Restaurant & Bait Shop Pagel of 5 BOND _ . Date (not earlier than Construction Contract Date): August 1, 2005 One Million Two Hundred Forty Amount: Six Thousand Eight Hundred ($1,246,800 And No/100** CONTRACTOR AS PRINCIPAL SURETY Compan : (Corpo e Seal if icable) Company: (Corporate Seal) Coas al Cont ct ng & vel ment, Hartford Fire Insurance Company Inc. Signatare S re ' 04,14 Warren M.:`Alter Name � Name aS, Attorney In Fact Title Title FLORIDA RESIDENT AGENT Warren M. Alter 5979 NW 151st St. , #105, Miami Lakes, FL 33014 Address (305) 822-7800 Phone `(305) 558-9650 Fax THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. 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 4of5 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 Obligee's//nsured's Name The City of Dania Beach Coastal Contracting&Development, Inc. Obligee'sllnsured`s Mailing Address Ioo West Dania Beach Boulevard IMPORTANT NOTICE TO Dania Beach, FL 33004 OBLIGEES/POLICYHOLDERS— So7North Northlake Drive TERRORISM RISK INSURANCE ACT Hollywood,,FL 33oxg OF 2002 Bond/Policy Number 21 BCSDG 4451 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of$100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. a Terrorism premium: $0 Form B-3333-0 Page 1 of 1 © 2002, The Hartford Direct Inquiries/Claims to: THE HARTFORD BOND,T-4 _ruWER Uf�F ATTO"RN]EY 690 ASYLUM AVENUE HARTFORD,CONNECTICUT'0611 call:888-266-3488 or fax:860-757-0 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C.Aceves, Warren Alter, Charles D. Nielson of Miami Lakes, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. u�i� �"v ° ice"nr rr p ►y. �,Qa.p 4{`} � g .��,nuaty�%: ti�v+w�A '" i �aam ?. 4;. ,p;- tixti_tcvf*0, • 4s(Atl�` � %5s�1879_i� �"r�ti$�ft�� o. "Iy79 °{�, -* -,'� �s ut33� �i^ne rN� J�rA_e F#`' � • � � ' ''� '"f.A.,...+n� :: �AAST••V,. +/„_f C1,D�1 fI01/.[ Fl. Paul A. Bergenholtz,Assistant Secretary David T.Akers,Assistant Vice President STATE:OF CONNECTICUT ss: Hartford GOUNTYtJF HARTFORI) On this 23rd day of July, W03, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed-to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. * � * Scott E.Paseka Notary Public CERTIFICATE My Commission Expires October 31,2007 I, the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and fore oing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of August 1, 20.09 . Signed and sealed at the City of Hartford. yI c ♦ r �T�- .�o'. r�aia%►;' Z� fg i^ tit 8 '- `/! - �4 +i. -: p �kX . .#.`b� �� . �r �,�•F#y.. „/�4:. S?f/'e�'.�{1�' 'for. ,i: ®.. • 1 Y '& Gary W.Stumper,Assistant Vice President • EXHIBIT K NOTICE TO PROCEED TO: City of Dania Beach, Florida PROJECT: Pier Restaurant CONTRACTOR: Coastal Contracting & Development, Inc. DATE: August 1, 2005 You are notified that the Contract Times under the Agreement for the above Project will commence to run on August 1, 2005. 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 May 1, 2006 and June 1, 2006 (270/30days, 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) Design & Construction Solutions, Inc. (CITY'S PROJECT REPRESENTATIVE) By: Janet E. Palacino (AUTHORIZED S1 ATURE) t President (TITLE) Page 1 of 1