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R-2004-100 CDBG 29th year with Tenex Enterprises, Inc.
RESOLUTION NO. 2004-100 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 29T" YEAR NORTHWEST IMPROVEMENTS DESIGN/BUILD CONTRACT WITH TENEX ENTERPRISES, INC. IN THE AMOUNT OF $184,428.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has identified the need for a design/build team forthe Northwest Improvements Project, to be funded with Community Development Block Grant 29th Year funds and funds from the Tree Trust Fund; and WHEREAS, City staff conducted a "request for proposals" process which included advertisement, a pre-bid meeting, review of qualifications of proposers, formal price proposals and presentations to a selection committee,which committee has recommended to the City Commission that such services can best be provided by contracting with Tenex Enterprises, Inc., which in turn will contract with Chen and Associates for necessary engineering design services, in the total amount of$184,428.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal in the total sum of$184,428.00 submitted by Tenex Enterprises, Inc. (which will contract with Chen and Associates for the necessary engineering design services)for the CDBG 29th Year Northwest Improvements project, as such project is described in the attached Exhibit "A", is approved and the proper City officials are authorized to enter into a contract to obtain such services. Section 2. That upon execution of the contract with Tenex Enterprises Inc., the RESOLUTION NO. 2004-100 Finance Director is authorized to appropriate the budget by the award amount in both the grant revenue and the expenditure accounts. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 8, 2004. C.K. M ELY MAYOR — CoMISSIONER ATTEST: ROLL CALL: - COMMISSIONER ANTON - YES • p COMMISSIONER CHUNN- YES LOUISE STILSON COMMISSIONER FLURY — YES CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: BY: Nr THOMAS J�A SBRO CITY ATTORNEY • 2 RESOLUTION NO. 2004-100 DESIGN BUILD AGREEMENT THIS DESIGN BUILD AGREEMENT (the "Agreement") is entered into and effective on , 2004, by and 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 Tenex Enterprises, Inc., a Florida corporation ("Design/Builder"). RECITALS 1. City is the owner of or controls (or both) a certain area of real property located at in an area of the City known as Sun Garden Isles, which area is located north of NW 1 St Street directly on NW 8ih Avenue, NW 7th Avenue and NW l 01h Avenue, between NW 1 St Street and NW 2nd Street, in Dania Beach, Florida. 2. O �i <•r-<<—,�.c �, 2004, the City issued a Request for Qualifications/P osals RFP (the "RFP") for the provision of designibuild services for Northwest Improvements Project (the"Project"). 3. In response to the RFP, Design/Builder submitted a proposal to design and construct the proposed Project. 4. City desires to engage Design/Builder, and Design/Builder agrees to design and 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 receipt and sufficiency of which are acknowledged, 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 not defined in the text shall have the meanings ascribed to them in Article 2 of this Agreement. 1.1 Project Description. The "Project" consists of the design and construction of the Northwest Project Improvements as outlined in Exhibit "One", a copy of which is attached to this Agreement and incorporated by this reference. 1.2 Project Representatives. For purposes of this Project, the following shall serve as the Project Representative for each party: City's Project Leo Williams Phone (954) 924-3743 Representative ! No: Design/Builder Hamid Fouladi Phone (954) 510-0700 No: 1.3 Services. The Design/Builder shall complete the design and construction of the Project in accordance with the terms and conditions of the Contract Documents. The parties acknowledge and agree that nothing in this Agreement shall be construed so as to provide, grant or confer any rights to Design/Builder and its Subconsultants and 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 Design/Builder shall complete the design and the construction of the Project pursuant to the schedules for each set forth in Exhibit A to this Agreement (the "Contract Times"); provided, however, that Design/Builder shall perform the design phase of the Work in accordance with the Contract Times as well as the schedule of performance set forth in Section 4.2. The Contract Times set forth in Exhibit A shall commence to run on the thirtieth (30`h) 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. IN ANY CASE, THE PROJECT MUST BE COMPLETED IN ITS ENTIRETY (INCLUDING "PUNCH LIST" ITEMS) NO LATER THAN OCTOBER 1, 2004. 1.5 Compensation. It is the intent and agreement of the parties that the City shall pay the Design/Builder for Design/Builder's performance of its obligations under this Agreement a single Contract Sum for both the Design Services and the Construction Work. It is also the intent and agreement of the parties that the Contract Sum for the design and construction services of the total Project shall not exceed One Hundred Eighty Four Thousand Four Hundred Twenty-Eight ($184,428.00) Dollars. . 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 Design/Builder and City covering changes, additions, or reductions in the terms of this Agreement. 2.2 "Attachments" means the written documents attached to the RFP by the City. 2.3 "Building Division"means the City of Dania Beach Building Division. 2.4 "City means City of Dania Beach. 2.5 City's Project Representative_Leo Williams 2.6 "Construction Documents" means a complete set of drawings and documents that establish and describe the size and character of the Project as to all elements as may be appropriate. These documents are sufficient in nature to accurately construct the project. 2.7 "Contract Documents" means this Agreement, the Design Criteria Package, the Plans and Specifications and all exhibits and documents related to them 2 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 Design/Builder 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 design and 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 "Design/Builder" means Tenex Enterprises, Inc., a Florida corporation. 2.13 "Design Development Documents" means the drawings and documents that establish and describe the size and character of the Project as to all elements as may be appropriate. 2.14 "Design Services" are all design services performed by and required of the Design/Builder pursuant to this Agreement and includes services performed by the Design/Builder's Subconsultants. • 2.15 "Field Office" means the field office at the Project Location provided by the Design/Builder. 2.16 "Final Completion" means that all Work required under the Contract Documents has been fully and properly completed, including punch list items, issuance of certificates of final occupancy and use, delivery of record drawings, electronic files manuals, and performance of all required training. 2.17 "Materials" means materials, supplies, apparatus, appliances, equipment, fixtures, machinery, tools and all other items furnished or delivered in connection with the Project. 2.18 "Notice to Proceed" means written notification by City to the Design/Builder 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 2.19 "Project" means the design and construction, in accordance with this Agreement and the Contract Documents, of the Northwest Improvements Project. 2.20 "Project Location" or "Project Site" means the area where the Project is to be constructed. 2.21 "Project Representative" means each of the professional persons selected by City and the Design/Builder to act as the parties' respective representatives and to interact with each other. 3 2.22 "Schedule of Values" means a statement furnished by the Design/Builder 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 • Design/BuiIder's requisition for payment. 2.23 "Subconsultant" means any person or entity, other than Design/Builder's own employees, employed or retained by, or under contract with Design/Builder to perform all or a portion of the Design Services under this Agreement. 2.24 "Subconsultant Contract" means any contract in writing between the Design/Builder and a Subconsultant. 2.25 "Subcontractor" means any person or entity, other than the Design/Builder's own employees, employed or retained by, or under contract with the Design/Builder to perform the non-design portion of the Work. 2.26 "Subcontractor Contract" means any contract in writing between the Design/Builder and a Subcontractor. 2.27 "Substantial Completion" means and includes all work (exclusive of minor items of unfinished work that do not preclude beneficial use of the premises) required to complete the Work 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. . 2.28 "Work" means the Design Services and Construction Work of the Project required of the Design/Builder under the terms of this Agreement and the Contract Documents. 3. ADMINISTRATION OF THE CONTRACT 3.1 The City's Project Representative will have the authority to act on behalf of the City to the extent provided in the Contract Documents, unless otherwise modified by written instrument which will be issued to the Design/Builder. All instructions to the Design/Builder 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 Design/Builder 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 Owner against defects and deficiencies in the Work of the Design/Builder. 4 3.4 The City's Project Representative shall take y j p , prepare, and distribute minutes of all project meetings. Communications by and with any subcontractors and material suppliers shall be through the Design/Builder. Communications by and with any separate contractors, the City's Public Services Department, or any City staff should be 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 Design/Builder'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's 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 Design/Builder, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. • 3.7 All interpretations and recommendations of the City's Project Representative shall be consistent with the intent of the Contract Documents. In this capacity as interpreter, the City's Project Representative will exercise best efforts to insure faithful performance by both the City and the Design/Builder and will not show partiality to either. 3.8 The Design/Builder 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 Acceptance, 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 Design/Builder, 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 of omissions of the Design/Builder, any Subconsultants or Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 5 3.12 In case of replacement of the City's Project Representative, the City may appoint a City's Project Representative whose status under the Contract Documents shall be that of the former City's Project Representative. f . 4. GENERAL RESPONSIBILITIES. 4.1 Overall 4.1.1 The Design/Builder agrees that all design documents prepared or furnished, including, without limitation, the Plans and Specifications, shall 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 19.4 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 Design/Builder agrees that the Design Services under this Agreement shall be performed in conformance with the standards of care and quality adopted or accepted by nationally recognized architectural and engineering organizations, and other applicable professional organizations for similar applications and in accordance with the Florida Building Code. Any designs, drawings, or specifications prepared or furnished by the Design/Builder that fail to meet the requirements of paragraph 3.1 above, or otherwise are defective or contain errors, conflicts or omissions, will be promptly corrected by the Design/Builder at no cost to City. The Design/Builder will promptly reimburse City for any and all damages, including fines and incidental damages, without limitation, resulting from the use of such defective designs, drawings, or specifications; provided, however, that • Design/Builder's maximum liability for such damages shall be the limits of the professional liability insurance policy provided by Design/Builder pursuant to Section 10 of this Agreement. City's approval, acceptance, use of, or payment for all or any part of the Design Services shall in no way alter the Design/Builder's obligations with respect to the design of the Project or City's rights under this Agreement. 4.1.3 The Design/Builder shall be fully responsible for coordinating all the Work required under this Agreement regardless of whether performed by its own employees or a Subconsultant or Subcontractor so as to insure that the services required are performed in an efficient, timely and economical manner. The Design/Builder shall be responsible to City for the services furnished to the Design/Builder by a Subconsultant, or Subcontractor to the same extent as if the Design/Builder had furnished the service itself. The Design/Builder shall require in such Contracts that the Subconsultant or Subcontractor be bound to, and to assume toward, the Design/Builder all the obligations and responsibilities which the Design/Builder, by this Agreement, assumes toward City. Failure by the Subconsultant or Subcontractor to comply with all of the Design/Builder's obligations and responsibilities set forth in this Agreement shall be a material breach of the Subconsultant's or Subcontractor's Contract. The Design/Builder also agrees to reasonably cooperate and reasonably coordinate with the City's Project Representative and any consultants retained directly by City. 4.1.4 The Design/Builder shall not specify in the Plans and Specifications a particular design, process or product that infringes upon any patent. The Design/Builder shall defend suits or claims for infringement of patent rights and indemnify and hold City harmless from any loss, cost or expense, including attorneys' 6 fees incurred, which results if the Design/Builder violates the requirements of this Section; provided, however, that Design/Builder's maximum liability for such loss, cost or expense shall be the limits of the professional liability insurance policy provided by ® Design/Builder pursuant to Section 10 of this Agreement. 4.1.5 The Design/Builder shall design and construct or cause to be designed and constructed the Project for City at the Project Location with supporting improvements, facilities and equipment as described or reasonably inferable from the Contract Documents. The Design/Builder 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 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 in, the Project in accordance with the Contract Documents. Without limiting the foregoing, the Design/Builder's Work shall be in compliance with the Contract Documents.- To the extent practicable, the Design/Builder shall utilize "value engineering" in connection with the Project. 4.1.6 The Design/Builder 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 Design/Builder 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 Design/Builder shall provide competent supervision of all phases of the Work. The Design/Builder's Project Representative is identified in Section 1.2. Any change in the Design/Builder's Project Representative must be approved by City, such approval not to be unreasonably withheld. The Design/Builder's Project Representative shall represent the Design/Builder and communications given to the Project Representative shall be as binding as if given to the Design/Builder. 4.1.8 Neither City nor the City's Project Representative makes any warranties to the Design/Builder, express or implied, that the Contract Documents are free of errors or omissions. Rather, the Design/Builder 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 Design/Builder shall not be liable for damages resulting from errors, inconsistencies or omissions in the information provided by the City unless Design/Builder should have reasonably recognized an error, inconsistency or omission or knowingly failed to report it to the City. If the Design/Builder proceeds with the design and performs any construction activity knowing it involves a recognized error, inconsistency or omission without such notice, the Design/Builder shall assume appropriate responsibility for such performance and shall bear an appropriate amount of the attributable 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 7 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 Design/Builder 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 Design/Builder at the time this Agreement was executed, and cause a material increase or decrease in the Design/Builder'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 Design/Builder 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 Design/Builder's obligations under this Agreement. All shop drawings, submittals, samples, and detail drawings shall be submitted to the City's Project Representative. Although the City's Project Representative will review all shop drawings, submittals, detail drawings, and samples, the City's Project Representative shall not be responsible to the Design/Builder for any failure of the shop drawings, submittals, detail drawings or samples to comply with the Contract Documents or any governing codes, laws or ordinances. The Design/Builder shall maintain copies of all shop drawings, submittals and detail drawings, and maintain all samples at the Project and shall afford City's Project Representative access to the documents at all times during regular working hours. 4.1.11 Prior to submitting the first Requisition for Payment, the Design/Builder shall submit a Schedule of Submittals to the City's Project Representative for approval. The Schedule of Submittals shall indicate the Design/Builder'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 Design/Builder 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 Design/Builder 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 • Design/Builder being responsible for all dimensions, quantities, etc., necessary to make a complete job in compliance with his plans and specifications. 8 4.1.12 The Design/Builder 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 0 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 Design/Builder 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 Design/Builder and promptly delivered to City's Project Representative. If City or the City Project Representative desire to observe the inspections, tests or approvals required by the Contract Documents, City shall notify the Design/Builder of that desire, and the Design/Builder shall notify the City and Design Consultant of the dates and times of the inspections, tests or other approvals. 4.1.15 The Design/Builder 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 Design/Builder's performance of the Work. 4.1.16 The Design/Builder shall pay all royalties and license fees that are legally required at any time during the Design/Builder's performance of the Work. • The Design/Builder shall defend all suits or claims for infringement of any patent rights and shall indemnify and hold City harmless from any loss, liability or expense on account thereof, including attorneys' fees (at both the trial and appellate levels) except that City shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Design/Builder has reason to believe that the design, process or product specified is an infringement of a patent, the Design/Builder shall be responsible for such loss, liability or expense unless the Design/Builder promptly gives such information in writing to City and the City's Project Representative; provided, however, that Design/Builder's maximum liability for such loss, liability or expense shall be the limits of the professional liability insurance policy provided by Design/Builder pursuant to Section 10 of this Agreement. 4.1.17 The Design/Builder and any Subconsultants or Subcontractors shall use their best efforts to cooperate with the City during the period of design and construction of the Project in order to minimize disruption of services. 4.2 Schedule, Cost Breakdown and Design/Builder's Team List 4.2.1 The Design/Builder, as a part of its proposal is required to develop and submit, in a digital format, acceptable to the City, a detailed description construction schedule for the Work, a detailed cost breakdown (schedule of values), and a list of Design/Builder's team members. 9 4.2.2 The construction schedule shall indicate all of the Design/Builder'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 by the City's Project Representative and Design/Builder) 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 their own forces or separate Design/Builders. 4.2.5 The construction schedule shall coincide with the time limits stipulated by the Design/Builder's proposal and as issued within the Notice to Proceed (NTP) authorizing the Desi gn/Bui I der's commencement of work. If the Design/Builder's schedule does not entail the full performance period, 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 Design/Builder's proposal shall serve as the basis for the Design/Builder's applications for payment. • 4.2.7 The subcontractors 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 Design/Builder's proposal and shall reflect any additions for those elements of Work further identified during the Design/Bui]der's preparation of construction documents. Changes to the list of subcontractors submitted with the Design/Builder's proposal shall only be made with the approval of the City's Project Representative and shall not be based upon the Design/Builder's bidding of principal portions of the Work subsequent to the date of the Design/Build Contract. 5. DESIGN SERVICES. 5.1 Basic Services. 5.1.1 The Design/Builder shall provide or cause to be provided (a) the Design Development Documents and (b) those services, including, without limitation, engineering services necessary to produce a complete and accurate :yet of plans and specifications for the permitting and construction of the Project (collectively referred to as the "Plans and Specifications" or "Construction Documents"). The Design/Builder warrants that at the time of completion, the Plans and Specifications will be adequate . and fit to accomplish the intended purpose of the Project. City's and the City's Project Representative's review and approval of the Plans and Specifications :shall in no way diminish or release the foregoing warranty of adequacy and fitness for the intended purpose and the Design/Builder's obligations in this respect. 10 5.1.2 The Design Services shall be performed in accordance with the schedule for performance set forth in Exhibit A (the "Contract Times") and Sections 5.2 and 5.3. Time is of the essence with respect to the performance of the Design Services. The Design/Builder shall not, except for cause beyond the reasonable control of the Design/Builder, exceed time limits established by this Agreement. Any adjustments to the schedule must be approved in writing by City's Project Representative and must be requested in writing by the Design/Builder within five (5) calendar days after the Design/Builder knew or should have known of the occurrence upon which the Design/Builder's request for adjustment is based. 5.1.3 The Design/Builder 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 Design/Builder 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. 5.1.4 The Design/Builder 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. 5.1.5 The Design/Builder shall establish an organization and lines of authority in order to coordinate, monitor, and report the progress of each phase of the design and shall furnish a competent staff for the administration, coordination, and supervision of the Design Services. All services shall be performed by the Design/Builder's own staff or Subconsultants approved as part of the Design/Builder's team, unless otherwise authorized in writing by the City's Project Representative. The employment of, contract with, or the use of the services of any Subconsultant shall be subject to City's Project Representative's written approval in accordance with Section 9 below. No such approval shall be construed as an agreement between City and any Subconsultant. 5.1.6 The Design/Builder 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. Design/Builder 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 Design/Builder shall not substitute any personnel without City's prior written consent. Before any such substitution, Design/Builder shall submit to City a detailed justification supported by the qualifications of any proposed replacement. 11 5.1.7 The Design/Builder shall prepare and submit to the City a Design/Production Schedule and Work Plan, including a Proposed List of Drawings, a Quality Assurance Plan, and a schedule of key interface dates with the City, including ® milestone submittal dates. This information shall be defined as the Design Work Plan. Once approved by City, the Design Work Plan shall be updated as necessary or as requested by City. The Design Work Plan shall include at a minimum the following: a. Design Team Organization and Directory identifying all team members and contact information. b. Project Management/Quality Assurance Plan detailing the duties and responsibilities of the Design Team, and how Project management and coordination will be organized. C. Design/Production Schedule including work force projections. 5.1.8 The Design/Builder shall provide or cause to be provided detailed construction documents in accordance with Section 5.2 and 5.3 and the Contract Documents. 5.1.9 The Design/Builder shall verify existing site conditions and conduct field investigations, as reasonably necessary to assure all documentation is accurate. The Design/Builder shall provide logs of field investigations to the City's Project Representative on a bi-weekly basis for review. Field verification logs shall • consist of names of field investigators, date, time, area, findings, issues and results. The Design/Builder's responsibilities to field verify include, but are not limited to, developing as-built drawings from field surveys, site exploratory work, and any other means and methods necessary to ensure a complete verification of existing conditions. 5.2 Schedule of Performance. 5.2.1 On or before scheduled due dates for each phase, the Design Builder shall make milestone submittals to the City in accordance with the following table: A. PHASE MILESTONE DUE DATE Design Development Documents 100% Submittal 15 days from Notice to Proceed Construction Documents 65% Submittal 30 days from Notice to Proceed Construction Documents 100% Submittal 45 days from Notice to Proceed 5.3 Submittals and Review of Design Documents. 5.3.1 Progress Submittals. The Design/Builder shall submit progress sets of 100% Design Development Documents and 65% and 100% Construction Documents for review and approval by the City. Progress sets of the 100% Design Development Documents and 65% and 100% Construction Documents shall be submitted a minimum of two (2) weeks prior to the milestone submittal due dates. Additionally, the Design/Builder will provide the City with progress plans and prints any time the City requests such documents. Progress set submittals shall consist of a 12 minimum of three (3) full-size drawing sets and three (3) sets of specifications ("Progress Sets"). Upon written approval by the City of the applicable Progress Set submittal, the Design/Builder shall transmit a complete package including plans, specifications, checklists and other requirements, as applicable. Reviews will not commence until the complete Progress Set submittal has been received. 5.3.2 Review Procedures. The following procedures shall be followed for review of the 100% Design Development Documents, 65% and 100% Construction Documents, and any other Design Services submittals by Design/Builder. a. The Design/Builder shall submit Design Development Documents and Construction Documents for review in accordance with the schedule established in Section 5.2 b. The City's Project Representative will provide review comments to the Design/Builder within seven (7) calendar days from receipt of the milestone submittal. C. The Design/Builder shall respond to and incorporate milestone review comments transmitted by the City's Project Representative. d. Unless otherwise agreed to in writing, the Design/Builder shall respond in writing, on a form provided by the City's Project Representative, within seven (7) days of receipt of the review comments. The City or City Project Representative will log, transmit and facilitate the exchange of review comments. The Design/Builder shall also maintain a similar log and make it available to the City at all times. e. Replies to Responses: The City's Project Representative reviewers will reply within seven (7) days to any responses requiring confirmation and will advise the Design/Builder if any further reconciliation is required. f. Resolution of differences: The City's Project Representative will schedule a meeting between the Design/Builder team and the City team, to take place within seven (7) days after review comments are issued to the Design/Builder, in order to resolve all issues between teams. The City or Design Consultant will arrange additional meetings or conference calls if necessary, in order to expedite resolution and avoid impact to the Project Schedule or the Contract Documents. g. Backcheck Review: If any comments remain unsatisfied, additional backcheck submittals shall be required until all comments have been satisfied. Any costs associated with Design/Builder's preparation of the backcheck submittals shall be the Design/Builder's responsibility and shall be 13 taken into consideration for evaluation of Design/Builder's performance and progress payments. h. Resolution of all review comments is requisite for completion of any phase of the Design Services. 5.3.3 Milestones Submittals and Reviews. The Design/Builder shall submit the Design Development Documents and Construction Documents in accordance with the dates set forth in Section 5.2.1 and participate in interim reviews for the milestone submittals as directed by the City in accordance with Section 5.3.2. The Design Development Documents 100% milestone submittal shall consist of five (5) full size sets of drawings; five (5) 1 l" x 17" size sets of drawings and shall include such other information fully explaining and supporting the Design Development Documents. The City's Project Representative shall review this submittal pursuant to the review procedures set forth in Section 5.3.2. This set, with full resolution of review comments, as determined by the City, shall establish compliance with completion of the Design Development Documents 100% milestone submittal. Once approved by the City, the 100% Design Development Documents shall become the "Approved 100% Design Development Documents" and shall not be altered, modified, or revised without the City's prior written approval. The 65% Construction Documents Progress Set submittal shall be based upon the Approved 100% Design Development Documents. The Construction Documents 65% milestone submittal shall consist of five (5) full size sets of drawings; five (5) 11" x 17" size sets of drawings and five (5) sets of Project manuals, and shall include design narratives for all disciplines, with calculations and other information fully explaining and supporting the Contract Documents. The City shall review this submittal pursuant to the review procedures set forth in Section 5.3.2. This set, with full resolution of review comments, as determined by City, shall establish compliance with completion of the Construction Documents 65% submittal milestone. Once approved by the City the 65% Construction Documents shall become the "Approved 65% Construction Documents" and shall not be altered, modified, or revised without the City's Project Representative's prior written approval. The 100% Construction Documents Progress Set submittal, which shall be based upon the Approved 65% Construction Documents, shall serve to monitor progress of the Work. All recommendations of the City from this review shall be incorporated into the Construction Documents prior to submission of the Construction Documents 100% submittal milestone. The Construction Documents 100% submittal milestone shall consist of five (5) full size sets of drawings; five (5) 11" x 17''size sets of drawings and five (5) sets of Project manuals for the City to review pursuant to review procedures set forth in Section 5.3.2. This set with all resolution of comments from this review incorporated into the documents shall establish completion of the Construction Documents 100% submittal milestone. The 100% Construction Documents with full resolution and all comments pending from any previous reviews shall establish completion of the Construction Documents 100% submittal milestone. Once approved by the City's Project Representative the 100% Construction Documents shall become the "Approved 100% Construction Documents" and shall not be altered, modified, or revised without the City's Project Representative prior written approval. Any material design modifications to the Approved 100% Construction Documents requested by City shall be an additional cost to the City and reflected in a Change Order, and shall not be included in the Cost of Work; provided, however, any changes or revisions to the 100% Approved Design Development Documents, the Approved 14 65% Construction Documents and the Approved 100% Construction Documents necessary to (a) comply with applicable governmental requirements, (b) satisfy field conditions and (c) correct inconsistencies between various documents shall not be considered an additional cost and will be included in the Cost of Work. 5.4 Construction Phase. 5.4.1 The Design/Builder 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. 5.4.2 Throughout the course of construction, the Design/Builder 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 Design/Builder shall provide the City's Project Representative with a set of record drawings and electronic files, as directed by the City's Project Representative, showing the complete Project as built (incorporating data concerning as-built conditions) as well as specifications and other documents as may be required by the City's Project Representative. This shall include all changes in the Work during the Construction Phase. 5.4.3 During the construction phase, the Design/Builder shall reasonably cooperate with, and respond to, any reasonable requests or requirements of the City's Project Representative. • 6. PROJECT REPRESENTATIVE'S RESPONSIBILITIES 6.1 The parties acknowledge and agree that the City has a Project Representative who will assist the City in the administration of this Agreement. The Project Representative shall act as an "owner's representative" and shall have no authority to bind City or direct Design/Builder except as expressly set forth in this Agreement. 6.2 The Project Representative shall at all times have access to the Project Location and the Work wherever it is in preparation or progress. 6.3 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 Design/Builder's proposals with respect to proposed Change Orders and substitutions proposed by a Design/Builder 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 Design/Builder 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 15 Work within the number of calendar days shown on Exhibit A (the "Contract Times") following Design/BuiIder's receipt of the applicable Notices to Proceed. If the Design/Builder is delayed in the performance of the Work by fire or unavoidable • casualties not the fault of the Design/Builder or other causes beyond the Design/Builder's control, then the "Substantial Completion Date" (defined as the date occurring within the number of days equal to the Contract Time after Design/Builder'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 Design/Builder that is a critical path activity and only if within ten (10) calendar days after the Design/Builder knows or should have known of any such delay the Design/Builder 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 Design/Builder 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 Design/Builder'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 claimed only for delays caused by adverse weather which affects scheduled working hours on scheduled work days (but excluding any legal holiday unless previously scheduled) and only after • the Design/Builder has previously been delayed by weather for at least the number of anticipated working days of weather delays and then only to the extent of the actual number of days' delay in those activities which are critical path activities. The Design/Builder 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 Desi gn/Bui I der'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 Design/Builder's Project Representative about the Design/BuiIder's performance of the Work, and then, only to the extent that such acts continue after the Design/Builder 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 Design/BuiIder's performance of the Work. 16 7.4 Substantial Completion 7.4.1 When the Design/Builder considers that the Work, or portion • thereof which the City's Project Representative agrees to accept separately, is substantially complete the Design/Builder 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 Design/Builder 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 Design/Builder 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 thereof, shall be submitted by the Design/Builder 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 Design/Builder for correction and modification. The Design/Builder shall then submit the revised and corrected project closeout submittals to the City's Project Representative for review and approval. The Design/Builder shall continue to revise and resubmit project closeout submittals until all required submittals have been accepted by the City's Project Representative. The City's Project Representative will forward approved project closeout submittals to the City prior to the Final Completion. Corrections or modifications of Project closeout submittals shall not be used as justification for a time extension. • 7.4.3 Upon receipt of the Design/BuiIder's Request for Substantial Completion Inspection, the City's Project Representative will make a preliminary inspection to determine whether the Work or designated portion thereof is appropriately 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 Design/Builder'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 Design/Builder shall correct such item upon receipt of a list provided to it by the City's Project Representative. The Design/Builder 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 Design/Builder to expedite the Work by whatever means the Design/Builder 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 Design/Builder, 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 Design/Builder shall neglect, fail, or refuse to complete the Work by the Substantial Completion Date, subject to any proper extension granted by 17 City, then the Design/Builder agrees to pay to City, or to cause the Design/BuiIder's surety to pay to City, Five Hundred ($500.00) 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 Design/Builder shall have failed to complete the Work by the Substantial Completion Date. The amounts are fixed and agreed upon by and between the Design/Builder 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 Design/Builder agrees to pay, or cause the Design/Builder's surety to pay, the insufficiency to City. 7.6.2 The Contract shall not be terminated nor the Design/Builder charged with liquidated damages because of any delays due to unforeseeable causes beyond the fault or negligence of the Design/Builder, including, but not restricted to acts of God, acts of Government, acts of the City, fires, floods, epidemics, strikes with which the Design/Builder has no direct connections, and unusually severe weather (does not include normal average number of days of rain which occur within the period of the Contract time limit). The Design/Builder 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 Design/Builder shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead want of knowledge of such contingent work as an excuse for delay in work, or for nonperformance. 7.6.4 No damages, including costs for additional home office expenses and extended job overhead, shall accrue to the Design/Builder 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 Design/Builder 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 Design/Builder's estimate (the "Design/Builder'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 Design/Builder agree on a cost ("Agreed Cost"), a Change Order shall be processed by the City and the City's Project 18 Representative and delivered to the Design/Builder for signature. Design/Builder 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 thereof 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 Design/Builder cannot agree on any adjustment in the Contract Sum, extensions to the Contract Time, or adjustment to the Substantial Completion Date, the Design/Builder shall nevertheless proceed to perform the Work required by City's Change Order Request upon receipt of City's written Notice-to Proceed. The Design/Builder 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 agreement between the Design/Builder and the City's Project Representative. The Design/Builder 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 Design/Builder 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 Design/Builder shall proceed at the direction of the City's Project Representative without a written Change Order from City. The Design/Builder 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 Design/Builder 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 Design/Builder shall deliver the Design/Builder'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 Design/Builder 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 Design/Builder of the Design/Builder's experience and expertise, (b) the Design/Builder advises the City's Project Representative in writing within seven (7) calendar days of the Design/Builder'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 Design/Builder or any of its subcontractors commence with its work without making a claim in writing for extra time or compensation, it will be construed as an acceptance and agreement by it or them that any such work is required 19 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 Design/Builder, City shall pay to the Design/Builder the Contract Sum for the Design Services and Construction Work, respectively, subject to additions and deductions as provided in this Agreement. The provisions of this Section apply to payments for both the Design Services and Construction Work. 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 Design/Builder shall submit to the City's Project Representative for its approval an original Request for Payment in the form attached as Exhibit C. 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 Design/Builder. Fifteen (15) days prior to the first Request for Payment, the Design/Builder 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 Design/Builder'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 planning, design, engineering and 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) in the case of Construction Work, the percentage of the Contract Sum attributable to the actual portion of the Construction Work completed or, in the case of Design Services, equal monthly installments allocated for completion of Design Services, (e) an itemization of all disbursements to Subconsultants and Subcontractors, materialmen, vendors and miscellaneous suppliers and shall be accompanied by originals of vendors' original invoices, certified payrolls and payroll registers (when requested by the City's Project Representative), and (f) such supporting evidence as may be required by the City's Project Representative including, but not limited to, the documents set forth in Section 9.9 below, all in a form and substance acceptable to the City's Project Representative. The Request for Payment shall constitute a representation to the City's Project Representative that (i) the Work has progressed to the point indicated, (ii) the quality of the Work is in accordance with the Plans and Specifications, and (iii) all monies previously reimbursed by the City to the Design/Builder have been disbursed to the appropriate Subconsultants, Subcontractors, materialmen, vendors and miscellaneous suppliers based upon the prior Request for Payment. Provided that the Design/Builder submits all required documentation as required in this Section, City shall tender all payments to the Design/Builder 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. 20 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 Design/Builder 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. 9.5 The Design/Builder 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 Subconsultant Contract or Subcontractor Contract that authorizes Design/Builder to hold retainage shall be retained by City until Final Payment (as defined in Section 9.6). For portions of the Work where the Design/Builder pays one hundred percent (100%) of labor and agreed upon burden or an invoice from a Subcontractor, Subconsultant, 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 Design/Builder has furnished Bonds in accordance with Section 13.1, and the Design/Builder is performing satisfactorily when the Design/Builder 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 Design/Builder's surety to such reduction. The Design/Builder 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 Design/Builder 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 Design/Builder shall submit a final request for payment ("Final Request"), which shall set forth all amounts due and remaining unpaid to the Design/Builder (including the unpaid portion of the retainage) and upon approval by the City's Project Representative, City shall pay to the Design/Builder 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 Design/Builder delivers to the City complete original releases of all liens and claims signed by all Subconsultants, 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 Design/Builder has knowledge or information, the releases 21 include and cover all Materials and Work for which a lien or claim could be filed. The Design/Builder may, if any Subconsultant, 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 Design/Builder shall execute and deliver to the City's Project Representative (a) a Certificate of Design/Builder & Final Waiver of Liens and Claims of the Design/Builder on the form attached as Exhibit D and (b) the written consent of Design/Builder's surety. Notwithstanding the foregoing, provided the Design/Builder's surety provides the City with its unqualified consent to Final Payment, the following method for Final Payment shall be followed. Within thirty (30) days following the City's approval of the Final Request, City shall pay the Design/Builder 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 Design/Builder to the City's Project Representative of the original releases of all liens and claims signed by all Subconsultants, Subcontractors, materialmen, suppliers and vendors, as well as the documents set forth in subsections (a) and (b) above, the City shall pay the Design/Builder 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 Design/Builder if any one or more of the following conditions exists: • a. the Design/Builder or any of its Subconsultants is in default of any of its obligations under any of the Contract Documents or is in default of any other obligation owed by Design/Builder to City under this Agreement or any other agreement or transaction between the Design/Builder and City in connection with the Project; or b. any part of such payment is attributable to Work which is defective or not performed in accordance with the Contract Documents; or C. the Design/Builder 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 Design/Builder; 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 Design/Builder unless and until the Design/Builder, 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. 22 The City's Project Representative, in its reasonable discretion, shall determine the value associated with such conditions and shall act to reduce Design/Builder's payment by the determined amount. 9.9 Design/Builder shall use the sums paid to it pursuant to this Article 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 Design/Builder in performance of the Work. With the submission of each Request for Payment the Design/Builder shall furnish to the City's Project Representative a Certificate of Design/Builder & Partial Waiver of Lien on the form attached as Exhibit E and a certified statement accounting for the disbursement of funds received from City. Such statement shall itemize all disbursements to Subconsultants, 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 E. 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 Design/Builder, except to the extent provided in Section 9.7. 9.10 Design/Builder shall promptly pay all bills for labor and material performed and furnished by its Subconsultants, 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 Design/Builder in connection with the proper performance of all the Work (including the Design Services and the Construction 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 Design/Builder 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 Design/Builder 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 23 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 Design/Builder will submit its billings for payroll and benefits on a percentage basis, prior to final payment the Design/Builder shall adjust its billing to reflect the lower of actual or effective payroll tax and insurance rates. 9.11.2 Salaries and actual benefits (as described in Section 9.11.1 above) of the Design/Builder's supervisory or administrative personnel stationed at a field office, or with City's prior written agreement at the Design/Builder'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 Design/Builder 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 Design/Builder from its own stock or the stock of its affiliates, subsidiaries or related parties (collectively, "Design/Builder's • Stock"), the Design/Builder 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 Design/Builder's Stock is not expected. No rental costs for tools and equipment rented from Design/Builder'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 Design/Builder's Stock, the Design/Builder 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 Design/Builder'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 Design/Builder 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 (Five Hundred Dollars) or more used on the Project, including equipment owned by the Design/Builder, 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 24 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. Equipment rented or supplied by the Design/Builder 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 and Subconsultant Contracts made in accordance with the provisions of the Contract Documents. All contracts issued to Subcontractors and Subconsultants 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 Design/Builder 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 (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 Design/Builder is required by the Contract Documents to pay. 9.11.10 The cost of prompt removal of all of the Design/Builder's debris. All Subcontractor Contracts shall require the prompt removal of all debris created by Subcontractor activities and the Design/Builder 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 Design/Builder in connection with the Work, of protecting and repairing adjoining property, if required (the City's Project Representative 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 Design/Builder to comply with the requirements of the Contract Documents with respect to insurance, or due to the failure of any officer of the Design/Builder or of any of its representatives having supervision or direction of the Work to exercise good faith or the highest 25 standard of care normally exercised in the conduct of the business of a general Design/Builder experienced in the performance of work of magnitude, complexity and type encompassed by the Contract Documents, in any of which events any such • expenses shall not be included in the Cost of the Work. 9.11.12 Federal, state, municipal, sales, use and other taxes, as applicable to the Project, all with respect to services performed or materials furnished for the Work, it being understood that none of the foregoing includes federal, state or local income or franchise taxes. 9.11.13 All reasonable costs and expenditures necessary for the operation of a Project job site office, including cost of field computer services (quantity and rates are subject to the City Project Representative's prior written approval), including job site terminal (ownership to City), for purposes of field payroll preparation and control and such progress photos as required by City; copies of all such photos to be dated, identified and furnished directly to City. 9.11.14 The cost of secured off-site storage space or facilities, which have been approved by the City's Project Representative. For all materials listed off- site, City shall be listed as owner with a Bill of Sale issued to City for these items. 9.11.15 Any other expenses or charges incurred, with the prior written approval of the City's Project Representative, in the performance of the Work. 9.11.16 All cash and trade discounts, credits for early payment if funded by the City, rebates, volume discounts, reduced payments or other benefits accruing to • the Design/Builder 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 Design/Builder and City. 9.11.18 Costs of correction of the Work under Section 28.1 below, if the costs are not attributable to the fault or negligence of the Design/Builder and its Subconsultants or Subcontractors, but this inclusion shall not imply any responsibility of the Design/Builder or its Subcontractors to correct any Work after expiration of the limitation period provided in Section 28.1 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 Design/Builder and of personnel in the Design/Builder'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 Design/Builder's general offices and any established branch offices, other than a field office for the Work. 26 9.12.2 The services and related expenses of the Design/Builder's purchasing, secretarial, estimating and accounting departments and clerical staff at the Design/Builder'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 Design/Builder 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 Design/Builder, any Subconsultant or Subcontractor or supplier employed by the Design/Builder 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. is 9.12.7 Entertainment and meal expenses and charges of a personal nature. 9.12.8 Travel charges unless approved in advance of trip in writing by City. If travel is authorized the charges are to be billed as a separate line item listing employee name, purpose of trip, dates traveled and the daily cost of individual items for which reimbursement is sought. 9.12.9 Bonuses, profit-sharing or other special labor charges unless approved in writing by the City's Project Representative prior to being incurred. 9.12.10 Except as set forth in Section 9.11.7, any legal fees and accounting fees. 9.12.11 All losses resulting from lost, damaged, or stolen tools and equipment. 9.12.12 Any cost not specified in Section 9.11 above. 10. SUBCONTRACTOR AND SUBCONSULTANT CONTRACTS AND PURCHASE ORDERS. 10.1 Thirty (30) calendar days after execution of the Agreement, the Design/Builder shall prepare and submit for the City's Project Representative approval 27 the names of the persons or entities proposed by the Design/Builder to furnish materials, equipment, or services for each portion of the Work. The Design/Builder shall contract solely in its own name and behalf, and not in the name or behalf of City with each selected Subcontractor or Subconsultant. The Design/Builder's form of Subcontractor Contract and Subconsultant Contract shall be subject to approval of the City's Project Representative, and once approved may be utilized by Design/Builder without further approval by the City's Project Representative provided that no substantial deviations are made to the approved form of Subcontractor Contract and Subconsultant Contract. At a minimum, the Subcontractor Contract and Subconsultant Contract shall provide that the Subcontractor or Subconsultant, as applicable, shall perform its portion of the Work in accordance with all applicable provisions of this Agreement and the other Contract Documents, that Subcontractor or Subconsultant is bound to the Design/Builder to the same extent as the Design/Builder is bound to City, shall provide for a ten percent (10%) retainage for labor and materials, shall provide for termination of the Subcontractor Contract and Subconsultant Contract by the Design/Builder in the same manner and method as provided in Section 39 of this Agreement, and shall further provide that, in the event this Agreement is terminated for any reason, that the Subcontractor or Subconsultant shall, at City's option, perform its Subcontract Contract or Subconsultant Contract for City without additional or increased cost, provided the Subcontractor or Subconsultant is paid in accordance with its Subcontractor Contract or Subconsultant Contract. The Design/Builder shall sign and cause each Subcontractor and Subconsultant 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 Design/Builder and included in the Contract Sum). Nothing contained in this Agreement shall, however, create any obligation on City to assume any Subcontractor Contract or • Subconsultant Contract or make any payment to any Subcontractor or Subconsultant unless City chooses to request Subcontractor or Subconsultant 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 or Subconsultant. 10.2 The Design/Builder shall not contract with any Subcontractor, Subconsultant, materialman, vendor, or supplier to whom or to which 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 and Subconsultant 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 The Design/Builder shall provide or cause to be provided insurance as specified by the Risk Manager of the City. The cost of such insurance is included in the Contract Sum. The failure of the Design/Builder to provide and continuously maintain such insurance in effect shall be considered a material breach of this Agreement. Insurance purchased by the Design/Builder shall be purchased from a carrier acceptable to City. 28 11.2 Design/Builder shall maintain the coverages for insurance and thereafter during any and every period when Design/Builder and any of its Subconsultants and Subcontractors are performing any Work or furnishing any services pursuant to the Contract Documents. Upon execution of this Agreement, Design/Builder shall provide or cause to be provided certificates for Workers' Compensation insurance, comprehensive general liability insurance, business automobile insurance, and the umbrella liability insurance policies. Immediately following the issuance of the Notice to Proceed for the Construction Work, Design/Builder shall provide the professional liability and builder's risk insurance policies; provided, however, no Construction Work shall be performed unless and until the builder's risk insurance policy is provided to the City in accordance with this Agreement. 12. INDEMNITY. 12.1 Design-Builder shall indemnify and hold harmless City and the City's Project Representative, its officers and employees, 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 Design/Builder and persons employed or utilized by Design/Builder in the performance of this Agreement, including any Subconsultant and Subcontractor. As specified by Section 725.06(3), Florida Statutes, this Agreement does not require the Design/Builder to indemnify, defend or hold harmless City and the City's Project Representative, its employees, officers, directors, or 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 and the City's Project Representative, any sums due Design/Builder under this Agreement may be retained by City or the City's Project Representative 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 Design/Builder 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 (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Sum. Within ten (10) days of issuance, Design/Builder 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 Design/Builder shall deliver to City the bonds required to be provided by Design/Builder as set forth in Section 13.1. 14. INDEPENDENT DESIGN/BUILDER. In performing its obligations under this Agreement, the Design/Builder shall be deemed an independent Design/Builder and not an agent or employee of City. The Design/Builder shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. 15. INSPECTIONS AND AUDIT. 15.1 The Design/Builder 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 Design/Builder 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 Design/Builder 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 D esign/Bui I der'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 Design/BuiIder's major Subcontractors and major Subconsultants' books, records, correspondence, instructions, drawings, receipts, payment records, vouchers and memoranda relating to the Work, and the Design/Builder and all major Subcontractors and major Subconsultants shall preserve all such records and supporting documentation for a period of six (6) years after the Final Payment. The Design/Builder further grants to City the authority to enter its premises for the purpose of inspection of such records and supporting documentation or, at the Design/Builder's option, Design/Builder 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 or major Subconsultant is a Subcontractor or Subconsultant that performs more than ten percent (10%) of the Design Services or Construction Work, as applicable. 15.5 Although the Design/Builder 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 Design/Builder's and any Subcontractor and Subconsultant records for purpose of adjustment to Design/BuiIder's 30 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 Design/Builder 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 Locations and within the building restriction lines, if any, and does not overhang or encroach upon any property, easement or right-of-way of others. 17. NO LIENS. 17.1 Design/Builder acknowledges and agrees that the Project Location is owned or controlled 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(24), Florida Statutes. Design/Builder further acknowledges and agrees that the Work to be performed under this Agreement is for the construction of public buildings, structures or improvements and that the Design/Builder 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 Design/Builder waives, releases, and relinquishes any right to claim or file a mechanic's or materialmen's lien against the Work or any portion of it • and the Project Location including, but not limited to, any rights the Design/Builder may have under Chapter 713, Florida Statutes. This waiver and relinquishment of Design/Builder'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 Design/Builder shall include a provision substantially similar to this Section 17.1 in each of its Subconsultant and Subcontractor Contracts and purchase orders, requiring Subconsultants, 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 Design/Builder or its surety for payment of any sums due on the Project. 17.2 The Design/Builder 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 Design/Builder does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, 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 Design/Builder under this Agreement. If any such lien is filed or otherwise imposed, at the request of City, the Design/Builder shall cause such lien to be released and otherwise discharged. The Design/Builder 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. 18. TITLE TO WORK. Immediately upon delivery and payment by the City to Design/Builder or supplier, as applicable, of Materials to the Project Location or the 31 performance of any part of the Work, as between the Design/Builder 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 Design/Builder from any of its obligations under this Agreement. 19. WORK IN PROGRESS. The Design/Builder 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 Design/Builder 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 Design/Builder, 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 Design/Builder 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 Design Builder. 20. HAZARDOUS SUBSTANCES. 20.1 The Design/Builder 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 Design/Builder 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 Design/Builder engages in any of the activities prohibited in this Section 20.1, to the fullest extent permitted by law, the Design/Builder indemnifies and holds harmless City and its officers, agents and employees from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including but not limited to expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this Section 20.1 (collectively "Environmental Claims"); provided, however, the Design/Builder shall not be responsible for any Environmental Claims arising from Hazardous Substances existing at a Project Location as of the date of this Agreement except to the extent the Environmental Claims result from the acts or omissions of Design/Builder or Design/Builder's failure to comply with the requirements of Sections 20.1 and 20.2. 20.2 In the event the Design/Builder encounters on the Project Location any Hazardous Substance, or what the Design/Builder reasonably believes to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Project Location, in a manner violative of any applicable Environmental Laws, the Design/Builder shall immediately stop Work in the area affected and report the condition to the City's Project Representative in writing. The Work in the affected area shall not thereafter be resumed except by 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 Design/Builder fails to stop the Work upon encountering a Hazardous Substance at the Project, to the fullest extent permitted by law, the Design/Builder indemnifies and holds harmless City and its officers, agents and 32 employees from and against all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, damages of all kinds allowable by law and attorneys' fees, arising out of, incidental to, or resulting from the Design/Builder'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 Design/Builder's sole remedy for any delay arising out of the encountering or rendering harmless of any Hazardous Substance at a Project Location. City and the Design/Builder may enter into an agreement for the Design/Builder to remediate or render harmless the Hazardous Substance, but the Design/Builder shall not be required to remediate or render harmless the Hazardous Substance absent such agreement. Design/Builder 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 including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the Design/Builder's responsibility to comply with this Section 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 Design/Builder 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 Design/Builder or should have come to the Design/Builder's attention with the exercise of due care. If the Design/Builder performs any of the Work knowing, or when with the exercise of due care the Design/Builder 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 thereof prior to performance, the Design/Builder shall bear all related costs, liabilities, and expenses arising from such noncompliance including reasonable attorney fees and costs. 21.2 The Design/Builder, 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 33 notices required by, and otherwise comply with, all applicable laws, ordinances, rules, regulations and restrictions. ® 21.3 The Design/Builder agrees that all of the Design/Builder's Services and the 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 Design/Builder in the performance of the Work shall to the best of Design/Builder's knowledge be qualified by training and experience to perform their assigned tasks. At the request of the City's Project Representative, the Design/Builder 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 Design/Builder agrees that in the performance of the Work called for by this Agreement, it will employ only such labor, and engage Subconsultants and 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 workmen employed on the Project Location or on any other building, structure, or other improvement which the Design/Builder or any other Design/Builder may then be erecting or altering on behalf of City. The Design/Builder 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 Subconsultants and Subcontractors. In the event of a strike or stoppage of work resulting from a dispute involving or affecting the labor employed by the Design/Builder or any of its Subcontractors, City may, at its option and without demand, terminate this Agreement for default unless the Design/Builder shall remedy the strike or work stoppage or other disruption within ten (10) calendar days after the dispute arises. 22.3 Design/Builder shall furnish the City's Project Representative, on request, resumes of Design/Builder's key personnel involved in the day-to-day Work on the Project. 23. SAFETY AND PROTECTION. 23.1 Design/Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Design/Builder 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; 34 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. 24.2 Design/Builder 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. Design/Builder 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 Design/Builder, any Subcontractor, Subconsultant, 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 Design/Builder. Design/Builder'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 Design/Builder that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion in Section 7.2). • 24.3 Safety Representative. Design/Builder 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. 24.4 Hazard Communication Programs. Design/Builder shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Project Site in accordance with laws or regulations. 24.5 Emergencies. In emergencies affecting the safety or protection of persons or property at a Project Site or adjacent to any. such site, Design/Builder, without special instruction or authorization from the City or the City's Project Representative, is obligated to act to prevent threatened damage, injury or loss. Design/Builder shall give the City's Project Representative prompt written notice if Design/Builder believes that any significant changes in the construction or variation from the Contract Documents have been caused thereby. If a change in the Contract Documents is required because of the action taken by Design/Builder in response to such an emergency, a Change Order will be issued to document the consequences of such action. 25. USE OF SITE AND OTHER AREAS. 35 25.1 Design/Builder 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. Design/Builder shall assume full responsibility for any damage to any such land or area, or to any owner or occupant thereof 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, Design/Builder shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceedings or at law. Design/Builder shall, to the fullest extent permitted by law and regulations, indemnify and hold harmless the City, City's consultants and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against City, or any other party indemnified under this Agreement to the extent caused by or based on Design/Builder's, or its Subconsultant's or Subcontractor's performance of the Work. 25.2 During the performance of the Work, Design/Builder 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 Design/Builder 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. Design/Builder shall leave the Project Location clean and ready for occupancy by City at Substantial Completion. Design/Builder shall restore to original condition all property not designated for alteration by the Contract Documents. 25.3 Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Work or adjacent property to stresses or pressures that will result in endangerment. 26. RELATED CONSTRUCTION AT SITE. 26.1 City may perform other work at a 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 Design/Builder prior to starting any such other work and (b) Design/Builder may make a request for a Change Order as provided in Section 7 if Design/Builder believes that such performance will involve additional time and the parties are unable to agree as to its amount or extent. 26.2 Design/Builder 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 36 theirs. Such contractors and utility owners shall be required to comply with Desi gn/Bui I der's rules and regulations applicable to the Project Site including without limitation all safety requirements, Unless otherwise provided in the Contract • Documents, Design/Builder 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. Design/Builder 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 Design/Builder under this Section 26 are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Design/Builder in the direct contracts between City and such utility owners and other contractors. 26.3 If the proper execution or results of any part of Design/Builder's Work depends upon work performed or services provided by others under this Section 26, Design/Builder 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 Design/Builder's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent or nonapparent defects and deficiencies in such other work. 26.4 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 Design/Builder prior to the commencement of such work: 26.4.1 the individual who or entity which will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 26.4.2 the specific matters to be covered by such authority and responsibility will be itemized; and 26.4.3 the extent of such authority and responsibilities will be provided. 27. DESIGN/BUILDER'S WARRANTIES. The Design/Builder represents and warrants to the City: 27.1 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. 27.2 That the Design/Builder 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. 27.3 That the Work shall be constructed in a good and workmanlike manner, free from defects, and in strict compliance with the Contract Documents. 37 28. DEFECTS. 28.1 The Design/Builder 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 a 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 apply to Work performed by Subcontractors as well as Work performed directly by employees of the Design/Builder. In addition to the Design/Builder's responsibility to make repairs or redo Work under this Section, the Design/Builder shall also be responsible to City for any damages suffered by City as a result of defects. The Design/Builder shall commence any Work required under this Section 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. 28.2 If the City's Project Representative and the Design/Builder 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 written agreement between the Design/Builder and the City's Project Representative. If the City's Project Representative and the Design/Builder fail to reach a settlement or the Design/Builder fails to perform and is not protected by surety (or the surety fails to perform), City retains the right to perform the Work after seven (7) days written notice to the Design/Builder 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 Design/Builder. If no monies are held by City, reimbursement shall be made to City within thirty(30) days by the Design/Builder. 28.3 The Design/Builder'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. 28.4 If City elects to perform the Work described in this Section, 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. 0 38 29. 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 Locations, shall be subject to the prior written approval of the City's Project Representative. The Design/Builder recognizes that all signage (except safety signage required by applicable laws) may be disallowed, in the City's Project Representative 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, Design/Builder and key participants in the Project. Such Project signs shall be installed in compliance with the City's sign ordinance. 30. PRESS RELEASES. The Design/Builder shall coordinate any public announcement or publicity releases relating to the Project through the City. The Design/Builder shall also require Subconsultants, Subcontractors, materialmen, suppliers, and vendors to comply with this requirement. 31. OWNERSHIP OF CONTRACT DOCUMENTS. All Plans, Specifications, Detail Drawings and other Drawings prepared in connection with the Project, upon payment by City to Design/Builder, shall be and remain the property of City and are not to be used by the Design/Builder 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 Design/Builder may maintain one record set of as-built drawings. Such Plans and Specifications shall be provided to the City's Project Representative with an authorization in a form and substance acceptable to the City's Project Representative from the applicable Subconsultants authorizing the City and its architects and engineers to use the Plans and Specifications and related documents for the Project. 32. REPRESENTATIVES. 32.1 The name of the party who is the City's Project Representative is shown in Section 1.2, above. City's Project Representative is 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. 32.2 The name of the party who is to be the "Design/Builder's Project Representative" is shown in Section 1.2, above. Unless another corporate officer of the Design/Builder advises City and the Design Consultant, in writing, of any limitations on the authority of Design/Builder's Project Representative, such Representative shall have full authority to execute any and all instruments requiring the Design/Builder's signature and to act on behalf of the Design/Builder with respect to all matters arising out of this Agreement. 39 33. ASSIGNMENT. The Design/Builder shall not assign or sublet this Agreement in part or as a whole without the written consent of City, which consent may be withheld or conditioned by the City in its sole discretion; nor shall the Design/Builder 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. 34. NONDISCRIMINATION. The Design/Builder 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. 35. 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 Design/Builder from any of its obligations under this Agreement. 36. CONSTRUCTION OF TERMS; CONFLICTS. 36.1 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 or any other legal entity, as the context shall require. 36.2 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. 37. 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. 38. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS. The written Contract Documents constitute the only and the entire agreement between the parties • with respect to the matters covered by them. All prior negotiations, representations and agreements with respect to them and not incorporated in such Contract Documents are canceled. This Agreement can be modified or amended only by a document duly executed on behalf of the parties. In the event any provision of the Contract Documents 40 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 0 law. 39. TERMINATION. 39.1 City shall have the right at any time, on not less than seven (7) days prior written notice to the Design/Builder, 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 Design/Builder of such notice of termination (the "Date of Termination"), the Design/Builder shall immediately discontinue the Work and remove its equipment and employees from the Project location. In the event of termination under this Section., the Design/Builder 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 Design/Builder 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 Design/Builder). 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. 39.2 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 Design/Builder 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 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 Design/Builder with written notice of such event, stating the nature of the default complained of. If Design/Builder 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 Design/Builder 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 Design/Builder to terminate this Agreement. In the event of termination under this Section, City shall notify the Design/Builder's surety, and the Design/Builder's surety shall take over and perform this Agreement. The Design/BuiIder'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 Design/Builder'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 Design/Builder or 41 its surety, take possession of and use, without any rental obligation to the Design/Builder or any third party, all or any part of the Design/Builder's Materials and other property of every kind used by the Design/Builder 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 Design/Builder, the Design/Builder and the Design/Builder'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, it is determined that the Design/Builder was not in default or that sufficient cause to terminate under this Section 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 as provided above, and that the Design/Builder agreed to City's use of its materials and other property, in which case the Design/Builder shall be entitled to be paid a reasonable sum for City's use of the Design/Builder's Materials and other property of the Design/Builder 39.3 If City fails to perform any of its obligations under this Agreement, the Design/Builder 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 Design/Builder shall have the right, on forty-eight (48) hours written notice thereof to City to terminate this Agreement. The Design/Builder 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 Design/Builder. 39.4 City may, if the Design/Builder neglects to perform the Work properly or to perform any provision of 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 Design/Builder, 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 Design/Builder, 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 Design/Builder or the Design/Builder's surety from any consequences or liabilities arising from such acts or omissions. 39.5 The rights and remedies of City under this Section shall be non- exclusive, and shall be in addition to all the other remedies available to City at law or in equity. 42 40. DISPUTE RESOLUTION. 40.1 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. 40.2 Pending resolution of any dispute arising under this Agreement, other than its termination, the Design/Builder 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. 41. 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, postpaid 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, postpaid, 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 below. By giving the other party at least fifteen (15) days written notice, the parties shall have the right to change their respective addresses and specify as its address any other address in the United States of America. 42. 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. 43. RECORD DRAWINGS AND FINAL SURVEY. 43.1 A marked up set of plans and specifications will be kept up to date by the Design/Builder on the job site at all times. The Design/ Builder shall record all construction 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, 5 sets of blueline prints of those drawings and specifications and an electronic version. Electronic media versions of the record documents shall include drawings prepared with Autocad 2000 and specifications prepared with word processing software compatible with Microsoft Word. All electronic media shall be transmitted to the City on a compact disk in a plastic case. 43 43.2 In addition to the "Record Drawings", the Design/Builder 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 after it is mutually selected by the parties. 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. All permanent corner markers which have been removed must be replaced. An existing survey shall be furnished to the Design/Builder by the City and the final should update and correct the existing survey to illustrate the Work's relationships to the previously existing site and its improvements and appurtenances. 43.3 At the competion of the Work, the Design/Builder 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 matching the Autocad drawing requirements for record documents specified above. This is a critical item and final payment will be withheld from the Design/Builder until "Record Drawings" and final survey are furnished to the City's Project Representative. 44. OWNERSHIP OF DRAWINGS. In addition to and not as a substitute for • Section 31 of this Agreement, all drawings, specifications, and copies thereof furnished by the Design/Builder become the property of the City. 45. GUARANTEE. In addition to and not as a substitute for Sections 27 and 28 of this Agreement, the Design/Builder shall guarantee its work for a period of at least one year (and for additional periods where extended or special warrantees 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 Design/Builder of the responsibility for negligence or faulty materials, workmanship, or latent defects within the extended period provided by law and upon written notice, Design/Builder shall remedy any defects due thereto and pay all expenss for any damages to other work resulting therefrom. 46. TEMPORARY UTILITIES. 46.1 Water. The Design/Builder 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. 44 46.2 Electricity. The Design/Builder 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. 46.3 Sanitary Facilities. The Design/Builder 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. 47. DRAWINGS AND SPECIFICATION ON THE SITE. In addition to and not as a substitute for Section 43 of this Agreement, the Design/Builder 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. TheDesign/Builder will constantly update the specifications and drawings to reflect the "as-built" condition of the Work and to properly document and delineate the products and their relation. 48. CLEANING UP. 48.1 The Design/Builder 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 Project Site broom clean. • 48.2 Any salvage resulting from clearing, grubbing, grading, draining, remodeling or altering any existing facilities on the 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 Design/Builder at its expense. 48.3 The Design/Builder 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. 49. CORRECTION OF WORK. In addition to and not as a substitute for Section 28 of this Agreement, the Design/Builder 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 Design/Builder. 45 46. ADDRESSES. All invoices, contracts, copies of notices and other correspondence should be addressed to City and the Design/Builder 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 Weiss Serota Helfinan Pastoriza & Guedes, P.A. 3107 Stirling Road, Suite 300 Suite 300 Fort Lauderdale, Florida 33312 Fax No. (954) 764-7770 If to Design/Builder: Tenex Enterprises, Inc. l a.-yam✓� l.�s �� e o rtAL S e Yt, •v , /zY 3 3 .7 6 ® Fax No. q S-q - S'I o o --7 o 2 If to City's Project Representative: Leo Williams Public Services Dept. 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Fax No. 954-924-3613 • 46 IN WITNESS OF THE FOREGOING, this Agreement is executed as of the date first above set forth. DESIGN/BUILDER: TENEX ENTERPRISES, INC., a Florida,Flo corporation- By.�L Name: F Title: Dated: Z y , 2004 STATE OF FLORIDA ) SS: COUNTY OF BROWARD ) THIS IS TO CERTIFY, that on 7 y 2004, before me, the undersigned authority, �,y,,,,,;, l`,w LAas , executed the Agreement for the purposes specified in it and such person is the me I � �� of the corporation identified above, who (check one) [:4'is personally known to me or [ ] produced a as identification, and did/did not take an oath. My Commission expires: O P C : Maria Liliana Latiegue :• M1 COMMISSION DD221148 EXPIRES ,F F I'Me 9, 2007 BONDED THRU TROY FAIN INSURANCE.INC 47 CITY: CITY OF DANIA BEACH, a Florida municipal corporation By: - '1 C.K. MCELYEA MAYOR-CO it ER ATTEST: _ AN P LOUISE STILSON CITY AVAGER CITY CLERK Dated: cJ� , 2004 APPROVED AS TO FORM AND CORRECTNESS: By: THO AS . AID S O, Q CITY AT ORNEY • 48 EXHIBIT A CONTRACT TIMES A. Design .Services. Unless otherwise agreed to in writing by the parties, the Design Services shall be commenced pursuant to a Notice to Proceed from the City's Project Representative to Design/Builder's Project Representative and completed within 45 days from the date set forth in it. Time is of the essence in the performance of the Design Services. B. 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 Design/Builder's Project Representative with Substantial Completion to occur within 120 days after issuance of such Notice. IN ANY CASE, THE PROJECT MUST BE COMPLETED IN ITS ENTIRETY (INCLUDING "PUNCH LIST" ITEMS) NO LATER THAN OCTOBER 1, 2004. Time is of the essence in the performance of the Construction Work. 49 EXHIBIT B CHANGE ORDER ® TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises 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 Design/Builder for all costs, expenses, overhead, and profit, and any damages of every kind that the Design/Builder 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 Design/Builder acknowledges and agrees that (a). the Guaranteed Maximum Price of One Hundred Eighty Four Thousand Four Hundred Twenty-Eight ($184,428.00) Dollars 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. Design/Builder 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. DESIGN/BUILDER CITY OF DANIA BEACH, a Florida municipal corporation By: Ivan Pato, City Manager By: Name: Authorized by action of City Title: Commission of the City of Dania Beach on , 200 . 50 EXHIBIT C REQUEST FOR PAYMENT TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: , 200 Invoice#: Date: Application is made for payment as shown below, in connection with the Design/Build Agreement (additional sheets are attached to provide a complete breakdown of the requested payment): 1.Guaranteed Maximum Price $ 2. Net Change by Change Orders $ 3. Guaranteed Maximum Price 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) $ 51 The undersigned Design/Builder certifies that to the best of the Design/Builder'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 Design/Builder for Work for which previous Requests for Payment Is 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 Design/Builder 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 Design/Build Agreement. DESIGN/BUILDER By: Name: Title: 52 EXHIBIT D CERTIFICATE OF SUBCONSULTANT OR SUBCONTRACTOR & IN FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises 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 Subconsultant or Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subconsultant or Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subconsultant or 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 Subconsultant or 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 Design/Builder for material or labor supplied by, to, for or under the Subconsultant or Subcontractor in connection with the Subconsultant or Subcontractor's participation in the construction of the Project, the Subconsultant or 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 Design/Builder a signed instrument fully releasing any such liens. The Subconsultant or Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the Design/Builder, 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 Subconsultant or Subcontractor. I further certify on behalf of and in the name of the Subconsultant or Subcontractor that the Subconsultant or 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 Subconsultant's or Subcontractor's obligations in connection with the Project. THAT the undersigned Subconsultant or 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, 53 the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Subconsultant or Subcontractor does acknowledge and represent that: l. 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 Subconsultant or 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 . SUBCONSULTANT or 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. My Commission Expires: Notary Public 54 EXHIBIT E CERTIFICATE OF DESIGN/BUILDER & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the entity identified as the Design/Builder, which entity has executed the attached Release and Waiver, and I certify that the Design/Builder has paid all employees, subcontractors and materialmen in full for all labor and materials supplied by them to, for or under the Design/Builder 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 Design/Builder, 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 Design/Builder in connection with the Design/Builder's participation in the construction of the Project, the Design/Builder 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 Design/Builder 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 Design/Builder. I further certify on behalf of and in the name of the Design/Builder that the Design/Builder 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 Design/Builder's obligations in connection with the Project. THAT the undersigned Design/Builder, 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 services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Design/Builder 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 Design/Builder 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 . DESIGN/BUILDER ® 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. My Commission Expires: Notary Public 56 EXHIBIT F CERTIFICATE OF DESIGN/BUILDER & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the entity identified as the Design/Builder, which entity has executed the attached Release and Waiver, and I certify that the Design/Builder has paid all employees, subcontractors and materialmen in full for all labor and materials supplied by them to, for or under the Design/Builder 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 Design/Builder, 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 Design/Builder in connection with the Design/Builder's participation in the construction of the Project, the Design/Builder 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 Design/Builder 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 Design/Builder. I further certify on behalf of and in the name of the Design/Builder that the Design/Builder 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 Design/Builder's obligations in connection with the Project. THAT the undersigned Design/Builder, 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 services 'supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Design/Builder 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 Design/Builder 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 , 2000 . DESIGN/BUILDER 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 [ J is personally know to me or [ ] produced as identification. My Commission Expires: Notary Public i 58 . EXHIBIT G CERTIFICATE OF SUBCONSULTANT OR SUBCONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises 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 Subconsultant or Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subconsultant or Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subconsultant or 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 Subconsultant or 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 Design/Builder for material or labor supplied by, to, for or under the Subconsultant or Subcontractor in connection with the Subconsultant or Subcontractor's participation in the construction of the Project, the Subconsultant or 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 Design/Builder a signed instrument fully releasing any such liens. The Subconsultant or Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the Design/Builder, 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 Subconsultant or Subcontractor. I further certify on behalf of and in the name of the Subconsultant or Subcontractor that the Subconsultant or 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 Subconsultant or Subcontractor's obligations in connection with the Project. THAT the undersigned Subconsultant or 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 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 Subconsultant or Subcontractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of S for labor and materials supplied to or for the Project; and 2. The undersigned Subconsultant or 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 S is being withheld pursuant to the terns of the Agreement. This instrument has been executed on , 200 SUBCONSULTANT OR 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. My Commission Expires: Notary Public 60 • EXHIBIT H ASSIGNMENT TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: , 200 ASSIGNMENT OF RIGHTS UNDER SUBCONTRACTOR CONTRACT/SUBCONSULTANT CONTRACT For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, whose mailing address is (the "Design/Builder"), 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 Design/Builder under (a) that certain Subcontractor Contract/Subconsultant Contract (the "Subcontract") dated 200_, by and between the Design/Builder 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 Design/Builder is obligated to provide the City under that certain Design Build Agreement (the "Agreement") dated , 200_, for the design and 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 Design/Builder's liabilities, duties or obligations under the Subcontract. The foregoing Assignment constitutes a part of the security given to the City by the Design/Builder to secure the Design/Builder'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. Subconsultant or Subcontractor agrees with the City as follows: That Subconsultant or Subcontractor consents to the foregoing assignment and agrees to notify the City in writing at the same time Subconsultant or Subcontractor notifies the Design/Builder of the occurrence of any failure of payment under the provisions of the Subcontract or of the occurrence of any other default by the Design/Builder under the provisions • of the Subcontract. That if the Citynotifies the Subconsultant or Subcontractor in writing ng that an event of default by the Design/Builder, or other termination, has occurred under the Agreement, the Subconsultant or Subcontractor shall, at the City's request, waive the Design/Builder's default and continue performance on the City's behalf under the Subcontract in accordance with its terms, provided that the Subconsultant or 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 Design/Builder'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 Design/Builder 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 Subconsultant or Subcontractor, the Subconsultant or 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 Subconsultant or Subcontractor will apply the same only to payment of such costs and for no other purpose. That upon the City's request, the Subconsultant or Subcontractor shall furnish to the City a current list of all persons or firms with whom the Subconsultant or 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$1,000 or more, together with a statement as to the status of each of such subcontract or agreement and the respective amounts, if any, owed by the Subconsultant or Subcontractor. The Design/Builder consents to the fumishing to the City of such list and statement. Subconsultant or Subcontractor consents to the City assigning the City's rights under this document to anyone whom the City may choose to complete the Design/Builder's obligations, including without limitation, the Design/Builder's surety. That the City has no obligation to exercise its rights under this Assignment and furthermore has no obligation to pay Subconsultant or Subcontractor unless the City exercises its rights as set forth in this document. That this Assignment does not create third party beneficiary rights under the Agreement in favor of anyone, including Subconsultant or Subcontractor. IN WITNESS OF THE FOREGOING, this instrument shall be effective as of the date of 40 the Subcontract. DESIGN/BUILDER By: Name: Title: Date: STATE OF FLORIDA ) COUNTY OF BROWARD ) This instrument was acknowledged before me on 200 by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. My Commission Expires: • Notary Public By the signature below of an authorized agent of Subconsultant/Subcontractor, the foregoing Assignment is acceptable. SUBCONSULTANT (OR) SUBCONTRACTOR: By: Name: Title: Date: EXHIBIT I PERFORMANCE BOND TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: , 200 STATE OF FLORIDA COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That of the County of Broward, and State of Florida, as Principal, and , authorized, licensed and admitted to do business under the laws of the State of Florida to act as surety on bonds, as Surety, are held and firmly bound to the City of Dania Beach, a Florida municipal corporation (the "City"), as obligee, in the penal sum of Dollars($ ) 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 Design Build Agreement with the City, dated , 2004, for the construction of certain improvements known as the Northwest Project Improvements (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 all and singular 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 City to be in default under the Agreement, the City having performed the City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: • (1) Complete the Agreement in accordance with the terms and conditions; or (2) Obtain a bid or bids for completion of the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety for completion of the Agreement in accordance with the terms and conditions, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this contract or contracts of completion arranged under this Paragraph) sufficient funds to pay the cost of completion less the balance of the Agreement price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amounts set forth in the first paragraph hereof. The term "balance of the Agreement price" as used in this Paragraph, shall mean the total amount payable by the City to Design/Builder under the Agreement and amendments to it, less the amount paid by the City to Design/Builder and less amounts withheld by the City pursuant to its rights under the Agreement. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder and further agrees to all of the terms contained in the Agreement. IN WITNESS OF THE FOREGOING, the said Principal and Surety have signed and sealed this instrument on , 2004. PRINCIPAL SURETY DESIGN BUILDER By: Name: Title: Date: By: Name: Title: Date: EXHIBIT J • LABOR AND MATERIAL PAYMENT BO ND TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: , 200 STATE OF FLORIDA ) COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That of the County of Broward, 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 "City"), as obligee, in the sum of Dollars ($ ) for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,jointly and severally: WHEREAS, the Principal has entered into a certain Design Build Agreement with the City, • dated 200_, for the construction of certain improvements known as the Northwest Improvements Project (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 BOND IS THAT IF PRINCIPAL: 1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly or indirectly by Principal in the prosecution of the work provided in the Agreement; and 2. Pays the City all loss, damage, expenses, costs, and attorneys' fees, including appellate proceedings, that the City sustains because of default by Principal under the Agreement; Then this bond is void; otherwise, it remains in full force. Any changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications or drawings, or the work to be performed thereunder, and compliance or noncompliance with formalities connected with the Agreement or with the changes do not affect Surety's obligations under this Bond, and Surety does waive notice of any such changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications and drawings, or the work to be performed thereunder. This Bond is filed in accordance with Section 713.23, Florida Statues, or Section 255.05, Florida Statutes, whichever or both as may be applicable. IN WITNESS OF THE FOREGOING, the Principal and Surety have signed and sealed this instrument this on , 2004. PRINCIPAL SURETY DESIGN BUILDER By: Name: Title: Date: By: Name: Title: Date: EXHIBIT K NOTICE TO PROCEED TO: Tenex Enterprises, Inc. From: City of Dania Beach, Florida PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: , 200 You are notified that the Contract Times under the Agreement for the above Project will commence to run on , 20 . By that date, you are to start performing your obligations under the Contract Documents. In accordance with Sections 1.4, 4 and 7 of the Agreement, the dates of Substantial Completion and completion and readiness for final payment (Final Completion) are , 200_ and October 1, 2004 (_/ days, respectively). Before you may start any Work at any Site, paragraph 11.2 of the Agreement requires you to deliver to the City, which shall be listed as an additional insured, Certificates of Insurance that you are required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site,you must (if necessary, add other requirements) (CITY'S PROJECT REPRESENTATIVE) By: (AUTHORIZED SIGNATURE) (TITLE) THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA AGC DOCUMENT NO. 420 STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER FOR DESIGN-BUILD PROJECTS TABLE OF ARTICLES 1. AGREEMENT 2. GENERAL PROVISIONS 3. ARCHITECT/ENGINEER'S RESPONSIBILITIES 4. DESIGN-BUILDER'S RESPONSIBILITIES 5. SCHEDULE 6. ARCHITECT/ENGINEER'S COMPENSATION AND PAYMENTS 7. INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION 8. TERMINATION 9. DISPUTE RESOLUTION 10. MISCELLANEOUS PROVISIONS 11. SCHEDULE OF EXHIBITS This Agreement has important legal and insurance consequences. Consultation with an attorney and an insurance consultant is encour- aged with respect to its completion or modification. is 1 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America AGC DOCUMENT NO.420 STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER FOR DESIGN-BUILD PROJECTS ARTICLE 1 AGREEMENT This Agreement is made this Z ' 6t day of 5 Jnl F_ in the year 2-O 6 4 by and between the DESIGN-BUiIDER (Name and Address) T�F �F� �rrtF�.P2sF5 V\rtLF-s Ram) 6ecLAL 001r, bsf FL 330 �b and the ARCHITECT/ENGINEER (Name and Address) L lAE.J ( ,4Q �5rrcoo nj ri 33 tiP A fk, S .r,-tf V. b I'aR: Ll1�DFRpgt,�F �� 333�1 for services in connection with the following . PROJECT (Name,location and brief description) R Notice to the parties shall be given at the above addresses. 2 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America ARTICLE 2 .5 Owner is the person or entity identified as GENERAL PROVISIONS such in Article 1 and includes the Owner's The Design-Builder has agreed in its Design-Build Agreement Representative as identified in the agreementbetween the Owner and the Design-Builder. with the Owner, which is attached as Exhibit A, to procure the •services of licensed design professionals to provide the architectural and engineering services required to design the •6 The Owner's Program is an initial description Project in accordance with the Owner's requirements as of the Owner's objectives that may include budgetary outlined in the Owner's Program and other relevant data and time criteria, space requirements and defining the Project,which is attached as Exhibit B. The person relationships, flexibility and expandability or entity providing architectural and engineering services shall requirements, special equipment and systems, and be referred to as the Architect/Engineer. The standard of care site requirements. for architectural and engineering services performed under this Agreement shall be the care and skill ordinarily used by ,7 The Project, as identified in Article 1 , is the members of the architectural and engineering professions building, facility and/or other improvements for which practicing under similar conditions at the same time and the Design-Builder is to perform pursuant to its locality. agreement with the Owner. It may also include 2.1 TEAM RELATIONSHIP _The Design-Builder and improvements to be undertaken by the Owner or Architect/Engineer agree to work together on the basis of trust, others retained by the Owner. good faith and fair dealing, and shall take actions reasonably .g Substantial Completion occurs on the date necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. when construction is sufficiently complete in accordance with the Contract Documents so that the 2.2 DEFINITIONS Owner can occupy or utilize the Project, or a designated portion,for the use for which it is intended. .1 The Architect/Engineer's Services shall be to This date shall be confirmed by a certificate of provide the necessary architectural and engi- neering Substantial Completion signed by the Owner and services required by the Design-Builder for the Design-Builder. Project, including coordination of design services of subcontractors who may be procured by the Design- 9 Worksite means the geographical area at the Builder to provide both design and construction location mentioned in Article 1. services for certain Project elements. The Services 2.3 EXTENT OF AGREEMENT This Agreement includes Basic Services provided in the Design and Construction Phases plus Additional Services as may represents the entire agreement between the Design-Builder be authorized by the Owner and Design-Builder. and the Architect/Engineer and supersedes all prior negotiations, representations and agreements, either written or .2 The Contract Documents govern the oral. relationship between the Design-Builder and the Architect/Engineer. The Contract Documents consist of this Agreement, including the exhibits set forth in ARTICLE 3 Article 11 plus written amendments to this Agree- ment as agreed to by the parties. ARCHITECT/ENGINEER'S RESPONSIBILITIES .3 The term day shall mean calendar day unless otherwise specifically designated. 3.1 OBLIGATIONS DERIVATIVE The Design-Builder .4 The Design-Builder's Work is the design and and the Architect/Engineer are mutually bound by the terms of construction services required of the Design-Builder this Agreement. To the extent that the terms of the agreement to fulfill its obligations pursuant to its agreement with between the Owner and Design-Builder apply to the the Owner (the Work). The Architect/ Engineer's performance of the Architect/Engineer's Services, then the Services are a portion of the Work. Design-Builder assumes toward the Architect/Engineer all the obligations, rights, duties, and remedies that the Owner assumes toward the Design-Builder. In an identical way, the Architect/Engineer assumes toward the Design-Builder all the same obligations, rights, duties, and remedies that the Design- Builder assumes toward the Owner. In the event of an inconsistency among the documents, the specific terms of this Agreement shall govern. 3 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America 3.1.1 PROJECT REQUIREMENTS The Arch itect/Eng neer, that have taken place from the approved Schematic in order to determine the requirements of the Project, shall Design Documents. Two printed sets and one review the information in Exhibit B. The Architect/Engineer reproducible set of these Documents shall be provided shall review its understanding of the Project requirements with to the Design-Builder. Following completion of the the Design-Builder. Design Development Documents, the Architect/Engineer shall cooperate with the Design-Builder in updating the 103.2 BASIC SERVICES The Architect/Engineer's Basic schedule and estimate. Services consist of a review of the Project information furnished by the Design-Builder and the provision of the 3.2.3 CONSTRUCTION DOCUMENTS Based on the Schematic Design Documents, Design Development approved Design Development Documents and subject to the Documents, Construction Documents, Guaranteed Maximum requirements of Subparagraph 3.2.4 if a GMP proposal has Price (GMP) Documents (if required), bidding or negotiation been prepared and accepted, the Architect/Engineer shall assistance, Construction Phase Services, and other basic prepare, for approval by the Design-Builder, Owner and services as may be provided in Subparagraph 3.2.19, and shall governmental authorities, including revisions necessary to include normal architectural, structural, mechanical, electrical secure such approvals, Construction Documents setting forth and site design. The Architect/Engineer shall coordinate its in detail the requirements for construction of the Project, services with all services of design consultants and consisting of drawings and specifications that comply with subcontractors retained by the Design/Builder. These services codes, laws and regulations enacted at the time of their shall be performed in accordance with the schedule preparation. When the Architect/Engineer submits the established by the Design-Builder pursuant to Article 5. If Construction Documents, the Architect/Engineer shall identify required by the Design-Builder, the Architect/Engineer shall in writing all material changes and deviations that have taken assist the Design-Builder in preparing the Preliminary place from the approved Design Development Documents. Evaluation, schedule, and estimate for the Owner's written Two printed sets and one reproducible set of these Documents approval. Any Basic Services provisions that are not required shall be provided to the Design-Builder. Following completion under this Agreement shall be stricken. of the Construction Documents, and if a GMP has not been prepared and accepted, the Architect/Engineer shall cooperate 3.2.1 SCHEMATIC DESIGN DOCUMENTS Based upon with the Design-Builder in updating the schedule and estimate. the Preliminary Evaluation and other relevant information, the Architect/Engineer shall prepare, for approval by the Design- 3.2.4 GUARANTEED MAXIMUM PRICE (GMP) Builder and Owner, Schematic Design Documents consisting PROPOSAL Upon request of the Owner and agreement by the of drawings, outline specifications and other conceptual Design-Builder, the Design-Builder will prepare a GMP documents illustrating the Project's basic elements, scale, and Proposal. If the Proposal is prepared prior to completion of the their relationship to the Worksite. Two printed sets and one Construction Documents, the Design-Builder will include in the reproducible set of these Documents shall be provided to the Proposal a statement of the assumptions and qualifications on Design-Builder. When the Architect/Engineer submits the which the GMP is based. Prior to submission of the proposal to Schematic Design Documents, the Architect/ Engineer shall the Owner, the Architect/Engineer shall review the Proposal identify in writing all material changes and deviations that have and advise the Design-Builder of any errors, omissions or taken place from the Preliminary Evaluation, schedule and inconsistencies it may discover. Following acceptance of the estimate. Following completion of the Schematic Design Proposal by the Owner, the Architect/Engineer shall complete Documents, the Architect/Engineer shall cooperate with the the Construction Documents, incorporating the agreed-upon Design-Builder in updating the preliminary schedule and assumptions and clarifications. The Design-Builder and estimate. Architect/Engineer shall work together to monitor the completion of the drawings and specifications so that the 3.2.2 DESIGN DEVELOPMENT DOCUMENTS Based on Project can be completed within the GMP and by the date of the approved Schematic Design Documents, the Substantial Completion.Two printed sets and one reproducible Architect/Engineer shall prepare, for approval by the Design- set of the drawings and specifications on which the GMP is Builder, Owner and governmental authorities, including based shall be provided to the Design-Builder. revisions necessary to secure such approvals, Design Development Documents. The Design Development Docu- 3.2.5 BIDDING AND NEGOTIATION ASSISTANCE The ments shall further define the Project, including drawings and Architect/Engineer shall assist the Design-Builder in obtaining outline specifications fixing and describing the Project size and bids from subcontractors and major suppliers by providing character, and other appropriate elements incorporating the necessary drawings, specifications and addenda, attending structural, architectural, mechanical and electrical systems. pre-bid meetings, and clarifying the scope and intent of the When the Architect/Engineer submits the Design Development Construction Documents. Documents, the Architect/Engineer shall identify in writing all material changes and deviations 0 4 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America 3.2.6 CONSTRUCTION PHASE SERVICES The 3.2.13 The Architect/Engineer shall assist the Design-Builder Construction Phase shall commence upon the issuance of a and Owner in filing required documents with governmental written notice from the Owner to proceed with construction. authorities having jurisdiction over the Project. The Architect/Engineer shall fumish interpretations and clarifications of the drawings and specifications, by means of 3.2.14 The Architect/Engineer shall not be responsible for additional drawings, addenda or otherwise, as are necessary the acts or omissions of the Design-Builder or any of its for the proper execution and progress of the Project. All such subcontractors, or their agents or employees, or any other interpretations and clarifications shall be consistent with the persons performing work on the Project who are not under the intent of the Construction Documents and reasonably inferable control or authority of the Architect/Engineer. from them. 3.2.15 The Architect/Engineer shall attend meetings with the 3.2.7 The ArchitectlEngineer shall timely review and Owner and Design-Builder upon request of the Design-Builder. approve or otherwise respond to the Design-Builder's submittals, including shop drawings, product data and 3.2.16 All of the Services to be provided by the samples. Submittals shall be checked for conformance with the Architect/Engineer shall be rendered promptly so as not to design and scope of the Project and for compliance with the delay the Design-Builder. Construction Documents. 3.2.17 The Architect/Engineer shall assist the Design-Builder 3.2.8 Approval by the Design-Builder or Owner shall not be in conducting inspections to determine the date of Substantial deemed to be an assumption of responsibility by the Design- Completion of the Design-Builder's subcontractors. Builder or Owner for any error, inconsistency or omission in the drawings and specifications or other documents prepared by 3.2.18 The Architect/Engineer shall assist the Design-Builder the Architect/Engineer, its employees, subcontractors, agents in obtaining permits necessary for the construction of the or consultants, who shall be responsible for any such error, Project. inconsistency or omission. 3.2.19 OTHER BASIC SERVICES The following services 3.2.9 The Architect/Engineer shall have reasonable access shall also be included as part of Basic Services: to the Worksite at all times. 3.2.10 The Architect/Engineer shall communicate with the Owner and the Design-Builder's subcontractors and suppliers only through the Design-Builder. 3.2.11 The Architect/Engineer shall visit the Worksite at appropriate intervals but not less than times, or pursuant to such schedule as the parties may establish by attachment to this Agreement, to become generally familiar with the quality of the construction and to determine in general if the construction 3.3 ADDITIONAL SERVICES The following services shall is proceeding in accordance with the Construction Documents. be provided by the Architect/Engineer and paid for as On the basis of these on-site observations, the Additional Services if they are authorized in advance by the Architect/Engineer shall endeavor to guard the Design-Builder Design-Builder in writing and are not included in Basic against defects or deficiencies in the construction. After each Services set forth in Paragraph 3.2: Worksite visit, the Architect/Engineer shall promptly provide the Design-Builder with copies of all notes and field reports. If the .1 Development of the Owner's Program, Architect/Engineer becomes aware of any such defects, Project budgeting, investigating sources of financing, deficiencies or violations, it shall give prompt written notice to general business planning and other information and the Design-Builder. The Architect/Engineer shall not be documentation as may be required to establish the responsible for construction means, methods, techniques, feasibility of the Project. sequences and procedures, unless they are specified by the .2 Consultations, negotiations, and document- Architect/Engineer, or for ensuring that the Design-Builder's ation supporting the procurement of Project financing. Work is in accordance with the Construction Documents. 3.2.12 The Architect/Engineer is not responsible for safety 3 Surveys, site evaluations, legal descriptionsand aerial photographs. precautions and programs. However, if the Architect/Engineer becomes aware of safety violations, the Architect/Engineer shall give prompt written notice to the Design-Builder. 5 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America .4 Appraisals of existing equipment, existing .15 Document reproduction exceeding the limits properties, new equipment and developed properties. provided for in this Agreement. .5 Soils, subsurface and environmental studies, .16 Out-of-town travel by the Architect/Engineer reports and investigations required for submission to in connection with the Architect/Engineer's Services governmental authorities or others having jurisdiction except between the Architect/Engineer's office, over the Project. Design-Builder's office, Owner's office and the Worksite. .6 Consultations and representations before governmental authorities or others having jurisdiction .17 Obtaining service contractors and training over the Project other than normal assistance in maintenance personnel; assisting and consulting in securing building permits. the use of systems and equipment after the initial start .7 Investigation or making measured drawings up. of existing conditions or the verification of Owner- .18 Services for tenant or rental spaces not a provided drawings and information. part of this Agreement. .8 Artistic renderings, models and mockups of .19 Services requested by the Design-Builder the Project or any part of the Project. which are not specified in this Agreement and which .9 Inventories of existing furniture, fixtures, are not normally part of generally accepted design furnishings and equipment which might be under and construction practice. consideration for incorporation into the Project. .20 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or .10 Interior design and related services including procurement and placement of furniture, furnishings, otherwise, regarding the Project. artwork and decorations. .21 Preparing reproducible record drawings from masked-up prints, drawings or other documents that .11 Making revisions to the Schematic Design, incorporated significant changes made during the Design Development, Construction Documents or Construction Phase. documents forming the basis of the GMP (if any) after • they have been approved by the Owner, Design- .22 Worksite visits in excess of the number of Builder, and governmental authorities, and which are due to causes beyond the control of the visits provided for in a schedule established by and attached to this Agreement. Architect/Engineer. 3.4 QUALIFICATIONS The Architect/Engineer warrants .12 Design, coordination, management, and represents that the Architect/Engineer and its consultants expediting and other services supporting the and subcontractors are duly qualified, licensed, registered and procurement of materials to be obtained, or work to authorized by law to perform the Architect/Engineer's Services. be performed, by the Owner including but not limited to telephone systems, computer wiring networks, 3.5 CONSULTANTS AND SUBCONTRACTORS The sound systems, alarms, security systems and other Architect/Engineer shall not engage the services of any specialty systems which are not apart of this consultant or subcontractor without first obtaining the Design- Agreement. Builder's written approval which approval shall not be unreasonably withheld. Such approval by the Design-Builder .13 Estimates, proposals, appraisals, shall not be deemed to create any contractual relationship consultations, negotiations and services in connection between the Design-Builder and any such consultant or with the repair or replacement of an insured loss. subcontractor.The Architect/Engineer shall bind its consultants or subcontractors in the same manner as the .14 The premium portion of overtime work Architect/Engineer is bound to the Design-Builder under this ordered by the Design-Builder including productivity Agreement. impact costs, unless such overtime work is required because of a delay caused by the Architect/Engineer. 3.6 ARCHITECT/ENGINEER'S REPRESENTATIVE The Architectngineer's representative is (t- Moa0- 6 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America 3.7 KEY PROJECT PERSONNEL The key project conditions, subsurface and environmental studies, personnel whom the Architect/Engineer will assign are as set reports and investigations. forth in Exhibit D, including the percentage of time to be devoted by each to the Architect/Engineer's Services. Such .2 Inspection and testing services during personnel shall not be changed without the approval of the construction as required by law or as mutually agreed. Design-Builder, which approval shall not be unreasonably withheld. .3 Unless otherwise provided in the Contract documents, necessary approvals, site plan review, 3.8 ROYALTIES, PATENTS AND COPYRIGHTS The rezoning, easements and assessments, fees and Architect/Engineer shall pay all royalties and license fees charges required for the construction, use, occupancy which may be due on the inclusion of any patented or copy- or renovation of permanent structures, including legal righted materials, methods or systems selected by the and other required services. Architect/Engineer and incorporated in the Work. The Architect/Engineer shall defend, indemnify and hold the Owner 4.1.2 The Design-Builder shall be responsible for the and Design-Builder harmless from all suits or claims for preparation of budgets, cost estimates and schedules. infringement of any patent rights or copyrights arising out of such selection. The Owner and Design-Builder agree to 4.1.3 The Design-Builder shall promptly report to the defend, indemnify and hold the Architect/Engineer harmless Architect/Engineer errors, inconsistencies and omissions it from any suits or claims of infringement of any patent rights or discovers in the Construction Documents; however, nothing in copyrights arising out of any patented or copyrighted materials, this Paragraph shall relieve the Architect/Engineer of methods or systems specified by the Owner or Design-Builder. responsibility for its own errors, inconsistencies and omissions. 3.9 CONFIDENTIALITY The Architect/Engineer shall 4.1.4 The Architect/Engineer shall have the right, upon treat as confidential and not disclose to third parties, except as request, to receive from the Design-Builder such information as is necessary for the performance of the Services, or use for its the Design-Builder has obtained relative to the Owner's own benefit, any of the Owner's or Design-Builder's financial ability to pay for the Project. developments, confidential information, know-how, discoveries, production methods and the like that may be disclosed to the 4.1.5 If the Architect/Engineer does not receive the Architect/Engineer or which the Architect/Engineer may information referenced in Subparagraph 4.1 .4 with regard to acquire in connection with the Services. The the Owner's ability to pay for the Work as required by the Architect/Engineer shall treat as confidential information all of Contract Documents, the Architect/Engineer may request the wthe Design-Builder's estimating systems and historical and information from the Owner and/or the Owner's lender. arameter cost data that may be disclosed to the Architect/Engineer in connection with the performance of this 4.1.6 The Design-Builder shall provide the Agreement. Architect/Engineer with a list of all consultants and subcontractors retained by the Design-Builder to perform ARTICLE 4 services for the Project. DESIGN-BUILDER'S RESPONSIBILITIES 4.2 DESIGN-BUILDER'S REPRESENTATIVE The Design-Builder's represtative is HAM;D ro it_AD 4.1 INFORMATION AND SERVICES PROVIDED BY DESIGN-BUILDER 4.1.1 To the extent the Design-Builder has obtained the ARTICLE 5 information and services identified below from the Owner, the SCHEDULE Design-Builder shall provide them to the Architect/Engineer. The Architect/Engineer shall be entitled to rely on such The Architect/Engineer shall provide the Services required by information and services to the same extent as the Design- this Agreement at such reasonable times as will enable the Builder. However, the Design-Builder does not warrant the Design-Builder to complete its work in accordance with the accuracy or completeness of such information or services. schedules established by the Design-Builder. .1 All available information describing the 5.1 DELAYS BY ARCHITECT/ENGINEER If the physical characteristics of the site, including surveys, progress or completion of the Project is delayed by reason of site evaluations, legal descriptions, existing any fault, neglect, error or omission of the Architect/Engineer, the Architect/Engineer shall compensate the Design-Builder for • 7 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America and indemnify it against all costs, expenses, liabilities or ARTICLE 6 damages which may accrue as a result of such delay. In addition, the Arch itecUEngineer shall provide Services at its ARCHITECT/ENGINEER'S COMPENSATION AND own cost, including overtime costs required to make up PAYMENTS schedule delays plus expenses as are necessary to make up for time lost by the Design-Builder because of such delay. 6.1 COMPENSATION FOR BASIC SERVICES 05.2 DELAYS BY DESIGN-BUILDER OR OWNER If I the 6.1.1 For Basic Services as described in Paragraph 3.2, the Architect/Engineer is delayed in the performance of its Design-Builder shall compensate the Architect/Engineer on the Services by any fault, neglect, error or omission of the Design- following basis, including applicable sales taxes (cross-out Builder or Owner, or by changes ordered by the Owner or options not applicable): Design-Builder which are due to causes beyond the Architect/Engineer's control, or a delay authorized by the .1 Stipulated Fee. Design-Builder pending dispute resolution, then the time allotted in the schedule for the Architect/Engineer's Services The amount of shall be extended for the period of such delay or the Design- Dollars j$ 19, . 660 • 00 ). Builder shall authorize the Arch itectEngineer to work over-time to make up such lost time. 2 Guaranteed Maximum Fee. The actual cost o e following: 5.3 MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES Architect/Engineer's personnel as 5.3.1 To the extent the agreement between the Owner and lis in Exhibit D. the Design-Builder provides for a mutual waiver of consequential damages by the Owner and the Design-Builder, b. rvices of professional consultants the Design-Builder and Arch itectEngineer waive claims and subcont ctors at a multiple of j _) against each other for consequential damages arising out of or times the mount billed to the relating to this Agreement. Similarly, the Arch itectEngineer Arch itect/Eng inee r such services. shall obtain from its consultants mutual waivers of consequential damages that correspond to the Architect/ C. Reimbursable enses as set forth Engineer's waiver of consequential damages. To the extent in Exhibit E. applicable, this mutual waiver applies to consequential damages due to termination by the Design-Builder or the The Arch itectEngineer shall be compensated for a above Owner in accordance with this Agreement or the agreement costs up to a Guaranteed Maximum Fee of between the Owner and the Design-Builder. Dollars($ ). 5.3.2 To the extent the agreement between the Owner and .3 Other basis of Fee: the Design-Builder provides for a mutual waiver of consequential damages by the Owner and the Design-Builder, damages for which the Design-Builder is liable to the Owner including those related to Subparagraph 7.1.1 are not consequential damages for the purpose of this waiver. 6.2 ADDITIONAL SERVICES Similarly, to the extent any Arch itecUEngineer-consultant agreement provides for a mutual waiver of consequential 6.2.1 The Arch itectEngineer shall be compensated for damages by I the Owner and the Design-Builder, damages for Additional Services as described in Paragraph 3.3 on the which the Arch itectEngineer is liable to its consultants due to following basis: the fault of the Owner or Design-Builder are not consequential damages for the purpose of this waiver. 0 8 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America 6.3 PAYMENTS discharging or defending against any such claim, obligation or lien, including any action brought or judgment recovered, 6.3.1 The Architect/Engineer shall submit to the Design- provided the Design-Builder is making payments or has made Builder for its approval monthly applications for payment for payments to the Architect/Engineer in accordance with the Basic and Additional Services. The Design-Builder shall submit terms of this Agreement. approved applications for payment together with its own to the Owner. Payment shall be made within seven days of the 6.3.5 Should the Architect/Engineer or its consultants or Design-Builder's receipt of payment from the Owner for the subcontractors cause damage to the Project,or fail to perform amount approved on the Architect/Engineer's application. or otherwise be in default under the terms of this Agreement, Payments for Basic and Additional Services shall not exceed the Design-Builder shall have the right to withhold from any the following percentages of the total Fee for Basic and payment due or to become due,or otherwise be reimbursed for Additional Services at the completion of each Phase of the an amount sufficient to protect the Owner and Design-Builder Architect/Engineer's Services: from any loss that may result. Payment of the amount withheld shall be made when the grounds for the withholding have been Schematic Design Documents -- % removed. Design Development Documents % GMP Documents % 6.3.6 Expense records of the Architect/Engineer's Construction Documents 5-0 % personnel, consultants, subcontractors and services shall be maintained in accordance with generally accepted accounting Bidding and negotiation assistance % principles and shall be available to the Design-Builder at Construction Phase D % mutually convenient times. TOTAL 100% ARTICLE 7 Upon receipt of payment from the Design-Builder, the Architect/Engineer shall promptly make payment to its INDEMNITY, INSURANCE AND WAIVER OF consultants and subcontractors as appropriate. SUBROGATION 6.3.2 RETENTION If a portion of the Architect/Engineer's 7.1 INDEMNITY compensation is to be retained, the terms of retainage shall be as follows: 7.1.1 In addition to any liability or obligation of the Architect/Engineer to the Design-Builder that may exist under any other provision of this Agreement or by law or otherwise,to the fullest extent permitted by law the Architect/Engineer shall defend, indemnify and hold harmless the Design-Builder and Owner and their respective officers, agents, employees, consultants and Subcontractors from and against claims, actions, proceedings, liabilities, losses, damages, costs and ,expenses, including legal fees, that may arise from the performance of the Architect/Engineer's Services, to the extent of the negligence attributed to such acts or omissions by the 6.3.3 Prior to final payment to the Architect/Engineer, the Architect/Engineer, its officers, agents, employees or Architect/Engineer shall furnish evidence satisfactory to the subcontractors, or anyone employed directly or indirectly by Design-Builder that there are no claims, obligations or liens any of them or by anyone for whose acts any of them may be outstanding in connection with the services provided by the liable. Architect/Engineer. Acceptance of final payment shall constitute a waiver of all claims by the Architect/Engineer for 7.1.2 To the fullest permitted by law, the Design-Builder compensation for the Architect/Engineer's Services performed. agrees to defend, indemnify and hold harmless the Architect/Engineer, its officers, agents and employees from 6.3.4 Should there be any claim, obligation or lien asserted and against claims, actions, proceedings, liabilities, losses, before or after final payment is made that arises from the damages, costs and expenses, including legal fees, which the performance of the Architect/Engineer's Services, the Arch itect/Engineer, its officers, agents and employees may Architect/Engineer shall reimburse the Design-Builder for any sustain by reason of any negligent act or omission by the costs and expenses, including attorney's fees, costs and Design-Builder, its officers, agents, employees or expenses, incurred by the Design-Builder in satisfying, Subcontractors arising out of the Design-Builder's Work. 0 9 AGC DOCUMENT NO.420 .STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America 7.2 INSURANCE (SEF A 'CTA (, lAo rt'kN\1 .3 Comprehensive Automobile Liability 7.2.1 Before commencing its Services and as a condition of payment, the Architect/Engineer shall purchase and maintain a. Combined Single Limit Bodily Injury such insurance as will protect it from the claims arising out of and Property Damage its operations under this Agreement, whether such operations $ •are by the ArchitecUEngineer or any of its consultants or Each Occurrence subcontractors or anyone directly or indirectly employed by any or of them, or by anyone for whose acts any of them may be liable. b. Bodily Injury 7.2.2 The Arch itectEngi nee r shall maintain at least the Each Person following insurance with a company satisfactory to the Design- $ Builder: Each Occurrence .1 Workers' Compensation and Employers' C. Property Damage Liability Insurance in accordance with the laws of the $ State in which the Project is located. The Workers' Each Occurrence Compensation policy shall provide for a waiver of subrogation in favor of the Design-Builder. Employers Liability coverage must have limits of liability of at 7.2.3 The Architect/Engineer shall require its consultants least: and subcontractors to maintain Commercial General Liability and Comprehensive Automobile Liability coverage with a a. Bodily Injury by Accident company satisfactory to the Design-Builder and with limits Each Accident$ acceptable to the Design-Builder. b. Bodily Injury by Disease 7.2.4 PROFESSIONAL LIABILITY INSURANCE The Policy Limit$ ArchitectEngineer and all consultants retained by the Architect/Engineer shall obtain professional liability insurance C. Bodily Injury by Disease for claims arising from the negligent performance of Each Employee$ professional services under this Agreement, which shall be either: 2 Commercial General Liability, including General Office Coverage contractual liability insurance against the liability assumed in Subparagraph 7.1.1 Project Specific Professional Liability Insurance (cross-out one of the above) a. Each occurrence limit $ written for not less than$ per claim and in the aggregate with a deductible not to exceed$_ b. General aggregate . The Professional Liability Insurance shall $ contain prior acts coverage sufficient to cover all Services performed by the Arch itecUEngineer. These requirements shall C. Products/Completed Operations be continued in effect for year(s) after the Date of Substantial Completion. The deductible shall be paid by the Aggregate$ Architect/Engineer. d. Personal and Advertising Injury 7.2.5 The Architect/Engineer shall furnish to the Design- Limit$ Builder certificates of insurance evidencing the required coverages listed in this Paragraph 7.2 and a copy of its Policies under Clauses 7.2.2.2 and 7.2.2.3 shall list the Professional Liability policy. No policy shall be cancelled or Design-Builder as an additional insured, and such policies shall modified without thirty (30) days prior written notice to the Builder.primary over any other insurance carried by the Design- Design-Builder. Such requirement for prior written notice does B not apply to modifications caused by claims made against the policy. The Architect/Engineer and its Professional Liability insurance carrier shall notify the Design-Builder within thirty (30) days of any claims made or loss expenses incurred against the Professional Liability policy. The Design-Builder shall have the right to notify directly the 10 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America Architect/Engineer's Professional Liability insurance carrier of a 9.2 CONTINUANCE OF SERVICES AND PAYMENT claim against the policy.The Professional Liability policies shall Unless otherwise agreed in writing, the Architect/Engineer shall be continued in effect for 1 years following continue to perform under this Agreement during any dispute final payment to the Architect/Engineer. resolution proceeding. If the Architect/Engineer continues to perform, the Design-Builder shall continue to make payments *7.3 WAIVER OF SUBROGATION The Design-Builder in accordance with this Agreement. and Architect/Engineer waive all rights against each other and the Owner, Subcontractors and Subsubcontractors for loss or 9.3 MULTIPARTY PROCEEDING The parties agree that damage to the extent covered by property or equipment to the extent permitted by the Contract Documents all parties insurance, except such rights as they may have to the necessary to resolve a claim shall be parties to the same proceeds of such insurance. The Architect/Engineer shall dispute resolution proceeding. To the extent disputes between require similar waivers from its consultants and subcontractors. the Design-Builder and Architect/Engineer involve in whole or in part disputes between the Design-Builder and the Owner, ARTICLE 8 disputes between the Architect/Engineer and the Design- Builder shall be decided by the same tribunal and in the same forum as disputes between the Design-Builder and the Owner. TERMINATION 9.4 DISPUTE BEWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER In the event the provisions for 8.1 TERMINATION BY EITHER PARTY Either party may resolution of disputes between the Design-Builder and the terminate this Agreement upon seven (7)days written notice if Owner contained in the Contract Documents do not permit the other party materially breaches its terms through no fault of consolidation or joinder with disputes of third parties, such as the initiating party. the Architect/Engineer, resolution of disputes between the Architect/Engineer and the Design-Builder involving in whole or 8.2 TERMINATION BY DESIGN-BUILDER This in part disputes between the Design-Builder and the Owner Agreement may be terminated by the Design-Builder upon at shall be stayed pending conclusion of any dispute resolution least seven(7)days written notice in the event that the Design- proceeding between the Design-Builder and the Owner. At the Builder's agreement with the Owner is terminated. conclusion of those proceedings, disputes between the Architect/Engineer and the Design-Builder shall be submitted 8.3 COMPENSATION In the event of termination, the again to mediation pursuant to Paragraph 9.1. Any disputes "rchitect/Engineer shall be compensated to the extent that the not resolved by mediation shall be decided in the manner caner pays the Design-Builder for the Arch itect/Engineer's selected in the agreement between the Owner and the Design- Services. Builder. ARTICLE 9 9.5 COST OF DISPUTE RESOLUTION The cost of any mediation proceeding shall be shared equally by the parties participating. The prevailing party in any dispute arising out of DISPUTE RESOLUTION or relating to this Agreement or its breach that is resolved by a dispute resolution procedure designated in the Contract Documents shall be entitled to recover from the other party 9.1 INITIAL DISPUTE RESOLUTION If a dispute arises reasonable attorney's fees, costs and expenses incurred by the out of or relates to this Agreement or its breach, the parties prevailing party in connection with such dispute resolution shall endeavor to settle the dispute first through direct process. discussions. If the dispute cannot be settled through direct discussions, the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association before recourse to the dispute resolution procedures contained in this Agreement. The location of the mediation shall be the location of the Project. Once a party files a request for mediation with the other party and with the American Arbitration Association, the parties agree to conclude such mediation within sixty(60)days of filing of the request. Either party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person by the party's gftpresentative to the other party's representative and the ediator. 11 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America ARTICLE 10 MISCELLANEOUS PROVISIONS 10.5 NO WAIVER OF PERFORMANCE The failure of either party to insist, in anyone or more instances, on the performance of any of the terms, covenants or conditions of 10.1 OWNERSHIP OF DOCUMENTS Upon the making of this Agreement, or to exercise any of its rights, shall not be final payment, the Design-Builder shall receive ownership of construed as a waiver or relinquishment of such term, the property rights, except for copyrights, of all documents, covenant, condition or right with respect to further drawings, specifications, electronic data and information performance. prepared, provided or procured by the Architect/Engineer or its 10.6 TITLES The title given to the Articles of this subcontractors and consultants and distributed to the Design- Builder for this Project. ("Design-Build Documents") Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. 10.1.1 If this Agreement is terminated pursuant to Paragraphs 8.1 or 8.2, the Design-Builder shall receive 10.7 JOINT DRAFTING The parties to this Agreement ownership of the property rights, except for copyrights, of the expressly agree that this Agreement was jointly drafted, and Design-Build Documents upon payment in accordance with that both had opportunity to negotiate its terms and to obtain Paragraph 8.3, at which time the Design-Builder shall have the the assistance of counsel in reviewing its terms prior to right to use, reproduce and make derivative works of the execution. Therefore, this Agreement shall be construed Design-Build Documents to complete the Work. neither against nor in favor of either party, but shall be construed in a neutral manner. 10.1.2 It is understood that the Owner shall receive from the 10.8 RIGHTS AND REMEDIES The parties' rights, Design-Builder the same ownership of property rights, except liabilities, responsibilities and remedies with respect to this for copyright, of the Design-Build Documents, as the Design- Builder receives from the Architect/Engineer, in accordance Agreement, whether in contract, tort, negligence or otherwise, with the ownership of documents provisions in the agreement shall be exclusively those expressly set forth in this between the Owner and the Design-Builder. In accordance Agreement. with the agreement between the Owner and the Design- Builder, the Owner may use, reproduce and make derivative 10.9 OTHER PROVISIONS: works from the Design-Build Documents for subsequent renovation and remodeling of the Work, but shall not use, reproduce and make derivative works from the Design-Build for other projects without the written authorization ,Docurnents of the Design-Builder and Architect/Engineer, who shall not unreasonably withhold consent. The Design-Builder shall not use the Design-Build Documents on other projects without the written authorization of the Architect/Engineer, who shall not unreasonably withhold consent. 10.1.3 Similarly, the Architect/Engineer shall obtain from its subcontractors and consultants property rights and rights of use that correspond to the rights given by the Architect/Engineer to the Design-Builder in this Agreement. 10.2 ASSIGNMENT Neither the Design-Builder nor the Architect/Engineer shall assign its interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 10.3 GOVERNING LAW This Agreement shall be governed by the law in effect at the location of the Project. 10.4 SEVERABILITY The partial or complete invalidity of anyone or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 0 12 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America ARTICLE 11 SCHEDULE OF EXHIBITS •The attached Exhibits are part of this Agreement: EXHIBIT The Standard Form of Design-Build Agreement and General Conditions tween Owner and Design-Builder,dated pages. EXHIBIT B: Owner's ram, Design-Builder's schedule and estimate and any other relevant information, dated pages. EXHIBIT C: Direct Personnel Expense Rate ated pages. EXHIBIT D: Key Project Personnel, dated , pages. EXHIBIT E: Reimbursable Expenses, dated pages. This Agreement is entered into as of the date entered in Article 1. DESIGN-BUILDER-- N&A �NT�nPt2c SAS I�mn _N�V? •ATTEST: By. �! PRINT NAME: \A PRINT TITLE: ARCHITECT/ENGINEER LLA AtJD 1'*Ssac- -its ATTEST: No"i + By. PRINT NAM YF rF L f+n00(Z{ PRINT TITLE: it Lk PR ES.0�nl ® 11101 1 AGC DOCUMENT NO.420.STANDARD FORM OF AGREEMENT BETWEEN DESIGN-BUILDER AND ARCHITECT/ENGINEER IFOR DESIGN-BUILD PROJECTS @ 1999,The Associated General Contractors of America CERTIFICATE OF LIABILITY INSURANCE 4/7/2004 PRoauceR (893)248-1136 THIS CERTIFICATE 18 ISSUED A8 A MATTER OF INFORMATION LOAD 8 CO•, PLC ONLY AND CONFERS NO RICdI°ITS UP OPI THE CER7IFICATiq PATRICIA LANE SCHMALTZ HOLDER.THIS CIERTIFICATE DOES NOT AAflEND,EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. 0. BOX 291067 INSURERS AFFORDING COVERAGE MPA, FL 33687-1807 - -- INSURED CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. tNRA.AMERICAN SAFETY RISK RETENTION GROUP 5100 NW 33RD AVENUEERB:AMERICAN NOME ASSURANCE COIAPANY SUITE 2a0 ER 0:FORT LAUDERDALE. FL 33309 ER0:ER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ -- INSR POLICY NUMBiR POLICY gpPBCTNE POLICY P�tPIRATION Lin TYPE OF INSURANCE EACH OCOURRENOE 31,OOO,OOO 4ENKRAL UABILfl Y X COMMERCIAL GENERAL LIABILITY PFL 03-2652-003 08/26/2003 08/26/2004 FIRE DAMAGE( orw tiro S 60,000 CLAIMI3 MADE ❑X OOOUp ►a►ED EXP(An one pereon) 8 6,OOO A PERSONAL d ADV INJURY $1,000,000 GENERAL AGGIREGATE s20000,000 QENIAGGREGATELIMITAPPLIESPER: PRODUOTS-COMPIOPAOG B2,000,000 X POLICY PRo- lOC AUTOMo6IL9 UAni ITY COMBINED SINGLE LIMIT $1,000,000 ANY AUTO PFL 03-2552-003 05/26/2003 08/26/2004 (Ee eoaldem) ALL OWNED AUTOS BODILY INJURY 9 (Par pstion) A SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY e (Perecddenq X 140"WNED AUTOS PROPERTY DAMAGE g (Perac6dent) AUTO ONLY•EA ACCIDENT 8 GARAGE LIABILITY ANY AUTO OTHER THAN CA AOC III AUTO ONLY: AGO S EXCESS LIABILITY EACH OOOURRENCE $ OCCUR I �l CLAIM3 MADE AGGREGATE S S S DEDUCTIBLE RETENTION III TATU WORKERS COMPENSATION AND X lV)",oRY"A al I ER EMPLOYERS'LIABILITY WC6266507 02/01/2004 OV0112005 E.L EACH ACCIDENT $500 000 B E.L.DIt3E48E•EA EMPLOYEE $BJOO,I OOO _ E.L.DISEASE-POLICY LIMIT o 500 000 OTHER EACH CLAIM 1,000,000 A PROFESSIONAL LIABILITY PFL 03-2552-003 06/20/2003 08/20/2004 AGGREGATE 2,000,000 INCL IN POLICY AND LIMIT / HNERAL LIABILITY DESCRIPTION OF OP£RATIONWLOCATONBNEHICL"MXCLU910NB ADDED BY ENDOR9EMENTAgPIOIAL PROVISIONS RE: 29TH YEAR CDBG CERTIFICATE HOLDER ADWTIONAL INSURED;►t! URCR LMER: CANCELLATION CITY OF DAN I A BEACH - SHOULD ANY OF THE AWVR DEWRIBL'D POLICIES OR CANCELLBD ORPORN THE EXPIRATIOI 100 WEST DAN I A BEACH BLVD DATE THEREOP,THE ISSUING INSURER WILL BNUEAVOR TO MAUL 10 DAYS WRITTRN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SD SHALL DAN I A BEACH FL 33004- IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THIL INSURER,ITS AGENTS OR RePReeENTAn C/o TENEX ENTERPRISES AUTHORIZED R®P E Anvta I FAX: (9541 510-0102 ACORD p35-8(7/97) ®AGGRO CORPORATION�988 PERFORMANCE AND PAYMENT BOND (Public Work) In compliance with F.S. Chapter 255.05(1)(a) BOND NO: 3038 CONTRACTOR NAME: Tenet Enterprises, Inc. CONTRACTOR ADDRESS: 12452 Wiles Road Coral Springs, FL 33076 CONTRACTOR PHONE NO: (954) 510-0700 SURETY COMPANY: First Sealord Surety, Inc. SURETY AGENT: Clarion Surety Services, Inc. OWNER NAME: City of Dania Beach OWNER ADDRESS: 100 W. Dania Beach Blvd. Dania Beach,FL 33004 OWNER PHONE NO: (954) 924-3743 OBLIGEE NAME: (If contracting entity is different from the owner,the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: $184,428.00 CONTRACT NO: DESCRIPTION OF WORK: Northwest Improvements Project PROJECT ADDRESS: LEGAL DESCRIPTION: Front Page All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be pre- printed thereon ® EXHIBIT I PERFORMANCE BOND BOND NO. 3038 TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: June 21 , 200 4 STATE OF FLORIDA COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That Tenex Enterprises, Inc. of the County of Broward, and State of Florida, as Principal, and First Sealord Surety, Inc. 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 "'City"), as obligee, in the penal sum of $184,428.00 Dollars (S 184,428.04 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 Design Build Agreement with the City, dated , 2004, for the construction of certain improvements known as the Northwest Project Improvements (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 all and singular 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 City to be in default under the Agreement, the City having performed the City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: • (1) Complete the Agreement in accordance with the terms and conditions; or ® (2) Obtain a bid or bids for completion of the Agreement in accordance with its terms and conditions, and upon detenmination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety for completion of the Agreement in accordance with the terms and conditions, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this contract or contracts of completion arranged under this Paragraph) sufficient funds to pay the cost of completion less the balance of the Agreement price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amounts set forth in the first paragraph hereof. The tenn "balance of the Agreement price" as used in this Paragraph, shall mean the total amount payable by the City to Design/Builder under the Agreement and amendments to it, less the amount paid by the City to Design/Builder and less amounts withheld by the City pursuant to its rights under the Agreement. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be perfonmed thereunder and further agrees to all of the terms contained in the Agreement. IN WITNESS OF THE FOREGOING, the said Principal and Surety have signed and sealed this instrument on June 21, , 2004. PRINCIPAL Tenex Enterprises,Inc. SURETY First Sealord S"tkylinc. DESIGN BUILDER By: Name: Adrienne J L. "ter Title: Attorney-in- act .........__,--_ Date: _Tnn 1 , 2004 �.A Na1ne: Hamid Fouladi Title: President Date: June 21, 2004 EXHIBIT J ® BOND NO. 3038 LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach PROJECT: Northwest Improvements Project DESIGN/BUILDER: Tenex Enterprises DATE: June 21 , 200 4 STATE OF FLORIDA ) COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That Tenet Enterprises, Inc. of the County of Broward, and State of Florida, as Principal, and 1st sealord Surety, 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 "City"), as obligee, in the sum of $184.428.00 Dollars ($184,428.00 for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,jointly and severally: WHEREAS, the Principal has entered into a certain Design Build Agreement with the City, dated 200 , for the construction of certain improvements known as the Northwest Improvements Project (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 BOND IS THAT IF PRINCIPAL: 1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly or indirectly by Principal in the prosecution of the work provided in the Agreement; and 2. Pays the City all loss, damage, expenses, costs, and attorneys' fees, including appellate proceedings, that the City sustains because of default by Principal under the Agreement; Then this bond is void; otherwise, it remains in full force. Any changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications or drawings, or the work to be perfonned thereunder, and compliance or noncompliance with fonnalities connected with the Agreement or with the changes do not affect Surety's obligations under this Bond, and Surety does waive notice of any such changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications and drawings, or the work to be perfonned thereunder. This Bond is filed in accordance with Section 713.23, Florida Statues, or Section 255.05, Florida Statutes, whichever or both as may be applicable. IN WITNESS OF THE FOREGOING, the Principal and Surety have signed and sealed this instrument this on June 21 , 2004. PRINCIPAL Tenex Enterprises, Inc. SURETY First Sealord Surety,` Inc. DESIGN BUILDER By: Name: Adrienne J. L99er Title: Attorney-in-Fact _._-..__.__,._..._.._..___,_._...,..._. ate: June 21, 2004 (_ _BY: � ` Name:_ Hamid Fouladi Title: President Date: June 21, 2004 • First Sealord Surety, Inc. Power No: MIA-0051-04-03495 Power of Attorney it I, KNOW ALL MEN BY THESE PRESENTS:That First Seaford Surety,Inc.,a corporation of the Commonwealth of Pennsylvania,(hereinafter the Company")has made,constituted and appointed,and by these presents does make,constitute and appoint Linda F. Burton,Michael H.Burton,Michele Mahoney, Gladys Hardy Keith and/or Adrienne Leiter all of Plantation, Florida As true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakings and other instruments of a similar.nature as follows: Not To Exceed Two Million Five Hundred Thousand Dollars------------------------------($2,500,000.00) Such insurance policies,surety bonds,undertakings and instruments for said purposes,when duly executed by the aforesaid Attorney-in-Fact,shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly.authorized officers of the Corporation and sealed with its corporate seal;and all the acts of said Attorney-in-Fact,pursuant to the authority hereby given,are hereby ratified and confirmed. I ICI IIIIII �,,I'�ly'llll'I This appointment is made pursuant to the following�.By-Laws which were duly adopted by the,Board of Directors of the said Corporation on April 7,2003 ajllllla, with all Amendments thereto and are still in full force and effect: ,Illhllj"'li'IIIIII'gI"Allrtide XII: Policies,Bonds,Recognitions,Stipulations,Consents of Surety,Underwriting Undertakings,and Instruments Relating Thereto. Section 12-1.Insurance policies,bonds,recognitions,stipulations,consents of surety and underwriting undertakings of the Corporation,and releases, Il4I I'191llagreements.and other writings relating in any way thereto or to any claim or loss thereunder,shall be signed in the name and on behalf of the irmanof d by the Assistant Secretary- III II'I'iliri Fact foo he'Co potrat on appointed and nd our hori ed President Chairman of the Board,he President,or a Vicery or President o make such signature;Attorney- Cr, orc)by such other officers or representatives as the Board may from time to time determine.The seal of the Corporation shall if appropriate be affixed thereto by „ zany such officer,Attorney-in-Fact or representative.The authority of such Attorney-in-Fact and Agents shall be as prescribed in the instrument gil�I�l�I�hl'I,'III��Ili�ir edenGng their appointment. Any such appointment and all authority granted thereby maybe revoked at any time by the Board of Directors or by any _ II d4lll Ip�Illli person empowered to make such appointment. IIIII'III'tl�l� :.IiIiIIII IIiIIIII�II"Till t I .�, : .... . - - III'I I�il6i�!�!lu,llli;��l�lr�l INIIl�V,�TNESS WHEREOF,First Seaford Surety;Inc.has caused these presents to be duly signed and its corporate seal to be hereunto affixed and duly attested this 20th day of January,2004. �1 First Seaford Surety,Inc. Loo-.�� Attest: Bi tRD Gary L. Bragg,Secretary Joel D.Cooperman,Vice President Corrimonweafth'of Pennsylvania IIIII�tp'IL III County of Montgomery II�IIIIII�I�lllll'�II ;i�, "Illlh II,I,,, Ori this 20th day of January,2004,before me personally'appeared Joel D.Cooperman,Vice President of First Sealord Surety, Inc.,with whom lam personally acquainted,who, being by me duly sworn,said that he resides in the Commonwealth of Pennsylvania,that he is Vice President of First ,Sealord Surety,Inc.,the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of the said I'ili^I'Ili'ili�Corpbiration;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation; �1��1, Ilp.and hat he s ned his name thereto as Vice President of said Corporation by like authority. Notarial Seal z. .. Anthony .Stewart.Notary Public r. _9r Y ( Lower Merton T Montgomery Notary Public v+PC�' u 4NVIIulyly, My Commission Expires August 5,2006 IIIII�I1IIIII Member.Pennsylvania-Association Of Notaries 't�I lllll'hlu �4Q►'P��y CERTIFICATE '�III,I��Il;illllllldl�lili l'ii'IT e u ooprsiYjTled Secretary of First Seaford Surety,Inc.do hereby certify that the original Power of Attorney of which the foregoing is a full,true d y;is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of First Seaford Surety,Inc.This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By-Laws of First ea or Surety,Inc.: x 'Section 12-2.The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XI I, Section 12-1 of the By-Laws appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings,or other insrum i ents described in said Section 12-1,with like effect as if such seal and such signature had been,manually affixed and made." I'IhlylhPl�ll','I t I I . Illilllu 111 'i'I InlWitness Whereof,I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents illllli'i' iAlllhii''il � II UII IIy'hllil!illll'll this 21 day of June ,20 04. This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond#here 3038 ),the bond IgLIIg Ililliinumber is the same number as on the original bond, d the bond number has been inserted by an officer or employee of the Company or by the agent. IVu9 Ylilip III i I it Ga L. Bragg, ecretary iII i�IIIiI I I„ i III illlili I II�III�i II I III i ' I First Sealord Surety—POA.duc (13(1.01/20/2004) x r k3 DATE ACORD CERTIFICATE OF LIABILITY INSURANCE 6/28/2004 MlDDlYY, PRODUCER 954 583-5444 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pelican Insurance A encv HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND,OR g ! ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 950 Cypress Rd Ste 208/7 INSURERS AFFORDING COVERAGE Plantation, FI 33317 INSURER A: Scottsdale Insurance INSURED INSURER B: Mapfre Tenex Enterprises Inc. INSURER C: Mt.HaWley 12452 Wiles Road — -- ----- - - Coral Springs, FL 33076 INSURER D: Ins Co.State of Penn. INSURER E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION ILTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS A !GENERAL LIABILITY EACH OCCURENCE $ 1,000,000 00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 50,000.00 CLAIMS MADE OCCUR MED EXP(Any one person) is 5,000.00 NC342047 6/25/2004 6/25/2005 PERSONAL&ADV INJURY S 1,000,000.00 GENERAL AGGREGATE $ 3,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000.00 JECT POLICY PRO-PRO- LOC B AUTOMOTIVE LIABILITY COMBINED SINGLE LIMIT is $1 000 000 X ANY AUTO (Ea accident)0 - ALL OWNED AUTOS BODILY INJURY � (Per person) T 1,000,000 X SCHEDULED AUTOS CA018084 5/13/2004 5/13/2005 X HIRED AUTOS BODILY INJURY X NON•OWNEDAUTOS (Per accident) Is 1,000,000 PROPERTY DAMAGE (Per accident) is 1,000,000 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S P ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG C EXCESS LIABILITY EACH OCCURENCE S 3,000,000.00 - OCCUR CLAIMS MADE AGGREGATE S 3,000.000 00 4132264 4/29/2004 4/29/2005 I$ DEDUCTIBLE $ I (RETENTION $ is D WORKER'S COMPENSATION AND I ❑ TORY LIMITS STATU ER EMPLOYERS'LIABILITY WCO2120103 1/1/2004 I 1/1/2005 E.L.EACH ACCIDENT is 100,000.00 E.L.DISEASE-EA EMPLOYEE $ 100,000.00 E.L.DISEASE-POLICY LIMIT $ 500,000.00 nTHFR DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project: Northwest Improvement Project The City of Dania Beach is listed as additional insured. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER:A CANCELLATION of Dania Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE W. Dania Beach Blvd. 30 EXPIRATION DAT THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1(9a514) ia Beach, FL 33004 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 583-1292 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REP ESEN IVES. AUTHORIZED REPRESENTATIVE Agenda Request Form City of Dania Beach Agenda Item: 147. 4 Date of Commission meeting: 6/8/2004 Description of Agenda Item: Resolution approving revised resolution for Tenex Enterprises, Inc. Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Hi Other(Please explain) ..,,,. . ._ ,. Y A 7-7 96, Swmm�ar "ex lanation and back round Commission approved Resolution #R2004-036 regarding the 29th Year CDBG Design-Build Agreement which showed the contracting parties are Tenex Enterprises Inc. and Chen and Associates. • The agreement had to be revised to state Tenex Enterprises Inc. as the contracting party and Chen and Associates as the engineering firm. Attached exhibits and additionaI backup materials (Please list). Resolution - electronic attachment Memo from Tom Ansbro - electronic attachment Exhibit A-Proposal from Tenex Enterprises Inc.and Chen and Association as the engineering firm-paper attachment For purchasing requests ONLY Department: Amount: $184,428.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ® Capital: ❑ Account Name: Account Number: Submitted by: btemchuk Date: 5/28/2004 Department Director: btemchuk Date: 5/28/2004 Admin. Services Director: Date: • Finance Director: Patricia Varney Date: 5/31/2004 City Manager: Ivan Pato Date: 6/1/2004 CITY OF DANIA BEACH MEMORANDUM TO: Bonnie Temchuk, Assistant to City Manager CC: Mary McDonald, Human Resources Director Louise Stilson, City Clerk FROM: Tom Ansbro, City Attorney DATE: May 24, 2004 RE: 29`h Year CDBG Design-Build Agreement with Tenex Enterprises, Inc. • Attached is a revised Design-Build Agreement, in which only Tenex will be the contracting party. An amending resolution is also attached, which will be needed to remove Chen and Associates from the previously adopted authorizing resolution. As revised, Tenex will be responsible to retain an engineer (presumably, Chen and Associates) to act as a Subconsultant, pursuant to a separate contract between those two parties. Such contract must necessarily state that its terms are subject to the Agreement between the City and the Design-Builder, and that in the event of any conflict between the terms of the Design-Build Agreement and the subconsultant contract, the Design-Build Agreement will control. Missing information will need to be supplied for the Agreement (e.g., page 1, paragraph 2, as to RFP information; page 1, paragraph 1.2 as to both parties' "Project Representatives'; page 2, paragraph 2.5, City's Project Representative; page 44, paragraph 46, Tenex's address and fax number for "notices, as well as the information for the City Project Representative; Exhibit A, as to "Contract Times"). An "Exhibit One" (a description of the Project needs to be prepared and attached to the Agreement. Please also note: page 28, paragraph 11 requires "insurance as specified by the Risk Manager, without identifying the various coverages and limits. Coordination with RMA, the City's insurance consultant is necessary. A description of the project work and the subconsultant role of the engineer must be provided to RMA to allow for informed recommendations as to coverages for both Tenex and Chen, to protect the City (e.g., Workers' Compensation, comprehensive general liability, vehicle liability, professional liability and builder's risk insurance). Bonnie Temchuk April 30, 2004 Page 2 of 2 If there are any questions, please contact me. 566.028 TJA:slw r� 2 M�' w r. .. CITY OF DANIA BEACH REOUEST FOR " � �� .. g Fib , kLD !. I�' " rES FOR -e ;3 v . PROJECT .'R .4 .1' S ""NW ,f .f. 4 a. N DESIGNER: 'a w G ! 9xER CH :: N AND D ASSOCIATES January liff, I . 0; Fort aluderdale Office 51;00 NIN 33rtl Avenue Suite 250 Fort Lauderdale, Florida 33309 Phone: 51 , 730-0707 , Fax::(954;) 730-2030 ` v chenandassociates:corn Tarnpa IIl '208Q1Bisca�yne Bludu t 403 mot, e e f 4 ,abry,Suite 100'1,� ���Aventura, F I na 33180 �� ;Tampa, Floritla�33618.. x � one /305 '249 2279 Treasure Coast ���, vPhone (8,13)�961 3583 �` s{`M.,; ,s +a •N s ")s'S s r ,:;r '' ! 5Y„r a. " ' .*'".�R,fix ,N F b w , � �����Fax ;(305)249 7229 � ' 1340 U.S.Highway One,Suite 1`02 Fax-�(813)961-2395 �. fix:(56;1i)746-8333 t•N •� � A ® January 29, 2004 City of Dania Beach Office of City Clerk 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Subject: Request for Proposals Design/Build Services for CDBG 29'h Year "Northwest Improvements Project" Dear Selection Committe: Tenex Enterprises, Inc. and Chen and Associates are pleased to reply to the above referenced Request for Proposals (RFP) for the Design/Build Design/Build Services for CDBG 291h Year "Northwest Improvements Project". Tenex will serve as the prime contractor on this project while Chen & Associates will serve as the prime engineering consultant. Tenex and Chen and Associates are both CT firms located in South Florida. We feel that our project team has large and varied project experience that will best serve the City of Dania Beach on this project. We feel that we should be selected for the following reasons: Proven track records of accomplishing projects and meeting tight schedules ® Past experience of working together on similar projects 0 Experienced in using value engineering to achieve substantial savings ® Familiarity with regulatory agencies to get projects permitted Our project team is firmly committed to the successful completion of this project should we be selected. The Project Team of Tenex Enterprises, Inc. and Chen & Associates looks forward to this opportunity to present our qualifications to the City of Dania Beach. Respectfully submitted, Chen and As ociates Ben Chen, P.E., PhD President Chen and Associates / Tenex Enternrises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements 1 z2M EA { Introduction of Design/ Build Team . • organizational Chart . Resumes 1 1 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements 1 _ U) Z LU uj O a LU a � � Lq avi rn 1 .L z wuj F- O m x, W O c u. W O • °; ' ®' cn N � U L W � � c J m 1 cn 0 • 1 TENEX ENTERPRISES,INC. I� ® IIAMID FOULADI EDUCATION M.B.A. —Management— 1976: American Graduate School of International Management, Glendale, AZ. g g B.A. - Construction Industry Management - 1972 B.A. —Accounting— 1973 - Tehran University, Iran CERTIFICATION Eng. 3A Major Roads Concrete Technician, ACI Work Zone Safety Specialist (M.O.T.) Asphalt Paving Technician(F.D.T.) Estimating and Blue Print Reading EXPERIENCE lie TENEX ENTERPRISES, INC., JANUARY 1998 - PRESENT. Responsible for establishing scope of work, reviewing contract documents, preparing submittals and payment requests, supervising construction crews, performing general site work Work Experience - see attached L.B. TRUCKING & CONSTRUCTION, INC. 1990 - DEC 1997 PROJECT: F.D.O.T. U.S. 1 Reconstruction Project. ST. LUCIE COUNTY. Virginia Keys Oxygenation System. Dade County - Site Work Project Manager PH. 1 AND 2 Water & Sewer, Extensions - Paving & Road Construction Project Manager Sawgrass Springs Middle School, Coral Springs, Broward County- Site Work Project Manager School "E" Haverhill, Palm Beach - Site Work Project Manager F.I.U. South, Performing Arts Center- Site Work Project Manager F.A.U. —Main Utility Building BUCKNOR TRUCKING, INC. 1988 - 1990 ® Davie Landfill Closure(Site Work) Davie, Broward County • 'CH A U 5 OCI T DR. BEN H. CHEN • EDUCATION. Ph.D. Civil Engineering, Virginia Tech M.S., Sanitary Engineering, NTU M.B.A. Program, Virginia Tech B.S., Civil Engineering, NTU ` REGISTRATION: Professional Engineer in Florida, Virginia Diplomate, American Academy of j Environmental Engineers SUMMARY: i Dr. Chen has over 30 years of professional experience in the civil and environmental engineering field of which over 29 years was in consulting engineering in the water and wastewater areas. His experience includes water and wastewater treatment facilities design and construction management, facilities planning, environmental studies, utilities master planning, rate and financial studies. He is principal-in-charge for the Central Broward County and Broadview Park Neighborhood Improvement Projects. He also served as assistant program manager of a design and construction program management team for Broward County North Regional WWTP expansion ($82 millions) and the world largest Detroit Wastewater Treatment Plant with a five-year construction program budget of $1.0 billion. He designed many water and wastewater treatment plants in Florida, Virginia, Maryland and Hawaii. He is the author or co-author of many technical papers which have appeared in several major journals. EXPERIENCE: • 1986-Present CHEN AND ASSOCIATES As a principal of the firm, Dr. Chen is responsible for the day-to-day operation of the firm as well as management of all major projects. 1988 UNIVERSITY OF MIAMI (UM) 1998 FLORIDA INTERNATIONAL UNIVERSITY (FIU) As an adjunct professor in the Civil and Environmental Engineering Department, t he was responsible for teaching a senior level water and wastewater engineering design course including laboratory at UM and a graduate level wastewater treatment plant design course at FIU. 1976-1986 MWH (MONTGOMERY WATSON HARZA) As a principal engineer with the firm, Dr. Chen was responsible for many of the study and design projects in the Ft. Lauderdale office, which include a number of major water and wastewater treatment plants and other facilities. He designed water plants for Hallandale, Lauderhill and Pembroke Pines; and wastewater plant for Cooper City. He is also the regional engineering coordinator who is responsible for the engineering QA/QC program for the firm's Southeast Region. 1980 CDM (CAMP, DRESSER & MCKEE) • Dr. Chen was the assistant program manager of a design and construction program management team for the world largest 1.0 BGD Detroit Wastewater D b\ ®CI Dr. Ben H. Chen (continued) Treatment Plant. The team's mission was to assist the Detroit Water and Sewage Department to manage the design and construction of a five-year construction program with a budget of $1.0 billion; and provide management consulting in establishing an Office of Program Management Assistance for the City. 1975-1976 DEWBERRY (DEWBERRY, NEALON & DAVIS) Dr. Chen was responsible for supervising a team of design engineers, draftsmen, and spec writers for all types of sanitary engineering projects. Typical projects included water and advanced wastewater treatment plant design, area wide wastewater management studies, and O & M manuals. 1973-1975 R. M. TOWILL CORPORATION Dr. Chen was a design engineer involved in the design of two major wastewater treatment plants for Honolulu with capacities of 25 MGD and 82 MGD. He was also in charge of a design team for two tertiary wastewater treatment plants, I & I ® studies and preparation of EIS's. ® ORGANIZATIONS: American Academy of Environmental Engineers American Society of Civil Engineers American Water Works Association National Society of Professional Engineers/Florida Engineering Society Water Environment Federation ® CIVIC ORGANIZATIONS. Coral Springs Multi-Cultural Advisory Committee (2002-2003) Broward Workforce Development Board and Accountability and Better Job/Better Wages Committee (1996-2003) Florida Atlantic University Civil Engineering Department Advisory Council Chair(2003-2004) Florida International University Civil and Environmental Engineering Department Advisory Council (1999-2003) PUBLICATIONS: © "Probabilistic Risk Assessment of Water Infrastructures", presented at Florida Section AWWA Conference, November, 2002 at Innisbrook, Florida. ® "Water and Wastewater Utility Emergency Response Plan in South Florida", presented at Water Environment Federation Specialty Conference, January, 1995 in Savannah, Georgia. 9 "The Broward County Water Supply Plan", presented at Joint FAWWA/ FPCA/FWPCOA Technical Conference, November, 1987 in Jacksonville, Florida. © Reliability Analysis and Simulation of Transmission Main Failures", Proceedings, 11th Annual Symposium on Urban Hydrology, Hydrologics and Sediment Control, July, 1984 at University of Kentucky. O "THM Removal in South Florida Water Supply", Proceedings, ASCE National Conference on Environmental Engineering, July, 1982 in Minneapolis, Minnesota. ® "Trihalomethanes in Drinking Water", presented at Virginia WPCA Annual Conference, October, 1978 in Norfolk, Virginia. ® "Alum Recovery from Representative Water Treatment Plant Sludges", Journal AWWA, 68(4), pages 204-207, April, 1976. H PETER M. MOORE, P.E. EDUCATION: B.S., Civil Engineering, University of Florida Graduate Studies, University of Florida .. Certificate in Environmental Management/Policy REGISTRATION: Professional Engineer in Florida Nuclear Density Gauge Certification SUMMARY: Mr. Moore is currently working as the Project Manager for all Neighborhood Improvements Projects for Chen and Associates with a total construction value of over $40 Million. The two largest of these projects are the Central County Neighborhood Improvement Project and the Broadview Park Neighborhood Improvement Project which total of 1300 acres and $40 Million Construction Budget. Currently completing a Master of Engineering degree, Mr. Moore is studying environmental policy and management and construction administration. EXPERIENCE: 1999 - Present CHEN AND ASSOCIATES As the vice president and principal engineer, he is responsible for consulting on various projects in the field of civil and environmental engineering. lie Additionally, Mr. Moore is serving as the project manager for all Neighborhood Improvements Projects for Chen and Associates with a total construction value of over $40 Million. 1998 - 1999 CORZO CASTELLA CARBALLO THOMPSON SALMAN, P.A. As a project engineer, he was responsible for various design and construction management projects throughout South Florida. In particular, he was project engineer for over forty projects involving design-build of park and cellular tower facilities. ORGANIZATIONS: Florida Engineering Society (1998-2003) MathCounts Chair(1998-2000) Most Active Member Award (2000) Golf Tournament Vice-Chair (2000-2001) Scholarship Chair (2002-2003) American Society of Civil Engineers (1999-2003) Broward Branch: Young Engineers Committee Chair(1999-2002) Young Civil Engineer or the Year Award (2001) Branch Officer(Secretary) (2002-2003) ASCE National: Younger Member Representative to National Meeting (2003) Corresponding Member— Committee on Younger Members Corresponding Member— EMBP Committee 'U x,( y:. 1 Qualifications of Design/ Build Team : .`` • Professional Licenses • Business Licenses • Certifications of Insurance • References • Standard Forms 254 and 255 '9 '3 y i 1 a"i Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements C E p O BUSINESS AND PROFESSIONAL LICENSES: sChen And Associates ConsultmgkEngineers; Inc D rnll�rlrP�in��i'l �rn!lu�ild(�(fcfrart a�1 !a! Z� 7i'fI /(//s 11*1 <l�liw- 1 (Jr//fl�J. ' 1 AUDIT No.•030s. 102759 'CERTIFICATE OF AUTHORIZATION NUMBER:00004593 DISPLAY AS REcalilReo BY few EXPIRATION: FEB 28,2005 STATE OF FLORIDA CORPORATE ENGINEERING LICENSE NUMBER 00004593 1 BRoWARD COUNTY Division of Equal Employment and Small Business Opportunity Certificate No: 02-339 Chen and Associates Consulting Engineers,Inc. t Has met the necessary requirements for certification tinder the Small Disadvantaged Business Enterprise Affirmative Action Program as set forth in the Administrative procedures for implementing Article XIV,Chapter 20 of the Browafd County Code of Ordinances. This office must be notified within 30 days of any material changes in the business which affect ownership and control. Failure to do so may result in the revocation of this certification and/or imposition of other sanctions.Please reference the above number on all correspondence directed to this office. Commencing: April 11,2002 and Expiring: April 11.2004 Compliance Officer BROWARD COUNTY Division of Equal Employment and small Business Oppodunlly CHEN AND ASSOCIATES is a certified SDBE with Broward County. Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build services-CDBG 29th Year- Northwest Improvements ® I NAL INDIVIDUAL PROFESS ENGINEERING LICENSES O �'o�Tn>:�fnin �3��rrD nf'�rnfesstmtatl� ngiturrs Ben H. Chen, P.E., Ph.D. � BA-Hs '6 Hai'Chen PE ,��•'!�6/i ' EXPIRATION:FEB 28,2005 . AUOIr NO.:-OMS. 023317 P.E. NUMBER:31849 DIS.-Y AS REQUIRED BY LAW *ate � t aaxrl of�3rafesst utl'�ngineers �� ,;,� Peter M. Moore, P.E. Ix�,� Petev,Mlchael Moore,PE % Sri�f EXPIRATION:.FEB 28,2005 AUDITNO.: M- 024188- P.E. NUMBER:68709 DISPLAY AS REQUIRED BY LAW ate Q �itXt _33nard nfd rufessun> i�ttgincers Jason J. McClair, P.E. Jason jeffl McF'I ir,PE: .��iw.row/'rrfitj'' s, EXPIRATION:.FEB 28,2005 - AUDIT NO.: II.S. 011238 P.E. NUMBER:56962 - dSPIAY AS REQUIRED BY LAW ta ixIIxt axr1t of3rof to ut! nyineers James H. Barton, P.E. / ijr�e� JNames°iHu B on PE e(I;N a71 W"16 5XI1/1, 'EXPIRATION:FEB 28,2005 AUDITNO.:451� 008400 -' P.E. NUMBER:59257 DISPLAY AS REQUIRED BY LAW Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build services-CDBG 29th Year- Northwest Improvements UGC;ICf(`n1 G^1Gv]D�G1��oO �Za1U 5: �, ,< •isVivV,r-v•i /w;v�;evyev/;ev/?.vVi�Isv�,rv1<vVivVev�e4"•<~-v�lr~_vV,c~,+,1.pvU�ov•;e~ti/w~:v Y•10�v 1r-v•bv•eti•zv/zvV/;e � nOnOvOvOrCvUUOnUvO © •� N » I �OON.N•N•N•N•. l a l s�•SAnv Ans a O FAns'r 1!�AnR-A I R-/nR-.' ;rAnF.d�Ra/s�/nR A.•.n 4 1 R-7•R'A•Ra 1<g, a i-dn;�/e R A•Rv I K r•�A•RA•t a t, i j:C • a S, lwq �_• •^Y_ a r is � ,:*r x.. �,•. i' • �s' Yai JC• � • R ,,at • •-• ••T SaL >.• ••• _�aR • • •A'c yap tlaL • • • Asp .......... _ �a : .�a 1�f,. ! RS �� BC�E6 � • �a y � k"� ••� 4a� .�Ic- .. a i { �a YaUO•< UYv 1 rry vG 1 zv 1 a�O•wvU¢yUy�s•k�:UsO-,W4 �r-vvQVlcvUe-v ie:v y yv•�uUivV>1 Iry•ex •iv 1 r-L•vim . 1 :11.IR-A•to• A•T}1`cAnR'A 1 R'AnK'AnR-A•TA TAn I-I Eli[/.R'A o RAnR a I Td 1 R-a e R 1•R-A 1 R-.1 I;�A•Rd I SAnS-AnFA•`�'A 1 R'A 1 tcT•Rif�.T i A D 1 INSURANCE . CERTIFICATE OF LIABILITY INSURANCE 9/22ATE PRODUCER (813)248-1135 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LORD 8 CO., PLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PATRICIA LANE SCHMALTZ HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. BOX 291667 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE TAMPA FL 33887-1667 INSURED CHEN AND ASSOCIATES CONSULTING ENGINEERS, INC. INSURERA:AHERICAN SAFETY RISK RETENTION GROUP 6100 IM 33RD AVENUE muRERB:ANERICAN HOME ASSURANCE COMPANY SUITE 250 INSURER C: FORT LAUDERDALE, FL U309 INSURERS INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY.PAID CLAIMS. TYPE OP INSURANCE POLICY NUMNIER- � am_ GENERAL IAAM I TV EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERALUASILITY PFL 03-2552-003 08/26/2003 08/26/2004 FIRE DAMAGE(my am&e) s 50,000 OlAW MADE D,OCCUR MED EXP one wd"i - S. 5.000 A EXJ�FE3S1B0NAL LIABILITY PERSON& AD %AM 1111.006 000 GENERAL AGGREGATE s2 OOO 000 GENL AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMPA'W AOG s2,000,000 I PoucY 0 PRO I- AUTOMOMA UABILJTY (tom SINGLE UAIT $1,000,000 ANY AUTO PFL 03-2552-003 08/26/2003 08/26/2004 ALL OWNED AUTOS IIOOILY INJURY A SCHEOULEDAUTOS (PWP ) _ N . X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (P" ® - - PROPERTY DAMAGE :. GARAGELIABILITY _ AUTO ONLY-EA ACCIDENT s ANY AUTO OTHER THAN EA ACC S AUTO ONLY.' AGO S EXCESS LIABOXY - .. EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE s i DEDUCTIBLE $ RETENTION S IIIWORXHBB 0�'WH6RTIONA/ND .X WO srATu• OTH• .. EMPLOYERS'LIASIU Y NC625850T 02/01/2003 02/01/2004'. EL EACH ACCIDENT - $500 000 B EL DISEASE-EA EMKOYEE 8600,000 E.L.DISEASE-POLICY LUT 3560 000 .. DZSCRWTION OF OPERAYX*M.00ATKMSNENWAASI®XCLUSIONS.ADDED BY ENDORSEYEWAIVECIAL PROVISIONS . CERTIFICATE HOLDER. ADaL10NA DMAEW'"=RMtz'TTEJE CANCELLATION FOR INFORMATION AND/OR 816 PURPOSES SHOULD ANY OF THE ASOW DESCRIBED PDuaesa9CANCIUEDSV4MINMMATION DATE THEREOF.THE ISSUING INSURER WILL ENDEAVOR To MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT PAILURB TO 00 SO SHALL 129-08E NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER.ITS AGENTS OR REPRESENTATNEQ AUTHOR®REFIT ATNB ACORD 25S(7/97) O ACORD CORPORATION 1988 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements 1 O0 Client References Chen and Associates provides the following references from current and recent projects of similar scope to the 291h Year CDBG Northwest Improvements Project: Mr. Jeffrey Oris Bonnie Temchuk City of Margate City of Dania Beach 5790 Margate Boulevard 100 West Dania Beach Boulevard Margate, Florida 33063 Dania Beach, Florida 33004 Tel: (954) 935-5324 Tel: (954) 924-3613 Date of Contract: Current Date of Contract: 2003 Mr. Daniel Colabella Mr. Hiep Huynh, P.E. Town of Davie City of North Miami Beach 6591 Orange Drive 17050 NE 19th Avenue Davie, Florida 33314 North Miami Beach, FL 33162 Tel: (954) 433-4000 Tel. (305) 948-2925 Date of Contract: Current Date of Contract: Current i emma P.E. Ms. Zull Mr. Louis A ri u g y Williams City of Coral Springs Islamorada, Village of Islands ® 9551 West Sample Road P.O. Box 568 Coral Springs, Florida 33065 87000 Overseas Highway Tel: (954) 344-1170 Islamorada, Florida 33036 Date of Contract: 2002 Tel: (305) 664-2345 Date of Contract: Current Mr. Pat MacGregor Broward County Office of Environmental Services 2555 West Copans Rd Pompano Beach, FL 33069 Tel: (954) 831-0904 Date of Contract: Current Enterprises Enter Chen and Associates/ T n x e e p City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements TENEX ENTERPRISES, INC. 12452 Wiles Rd.•Coral Springs,FL 33076•Tel: (954)510 0700• Fax: (954)510 0702 BUSINESS AND PROFESSIONAL LICENSES: ® OCCUPATIONAL LICP-NSE ® City of Coral 9 vin$� ornar saso�es�s Occu�ati"al � ono DLvidion r' r, �+�> �i;=`Jit�k; 'r 'i`g�f ��°,,r.�,, i'r� y 2Cig. Cowan Spri�g� give1"4 n.iij•;�•o r °, 3i J t;�J,y s rS¢{y�r.t } ;,'l Coral Sggrriage, PL 33G6's-3800 . 1�t' '.wi'''= §'•' �;t':��;�fi`¢";<�N..,:?"rb ti%��;: phone (9,s4) 349-170a ti??;,y.r�#✓,r::;.'.•<,i, i°� �o, 'S,�•'iy.,. License For and Location 5:?i"�#PS'Z'{• '� i o =3 S; 4.4. t; .. K '.•fiLr "1S'jSdt�;�'i� � M '•i ,';�.,�'.:'ri S::j/¢„'•;;r:4=�� AS!:i�¢`�+.�f� : to Y° ooe 9°0 an or Ooeupeeloa ai Ia her gaped , •sZ.;i'!.n='x c rJNS3•Y2�P:! : ���s �i.t5'vr�i•}';'?F� �.� W�ylg `7 Jb;��t)}�Q;'yy`'' ,?ti�P�4• ��1i��§ t,;i�' +,'i,R•5:;�; ° �'92.'ii� L"� , �rilS'�Sr'Sr�c.S s'r it �' A r s a�r''a))r ir''^' ���,wiJ�;:i;• l y,a.t#•r�:2�;r;� ���}ac:, a�"l) 5, Payment flat® s 9'/16/03 Amount 8ai� 119.00 T$NES aNTBRP'RIS93, INC Lic®ne® #$ 04-43705 12452 WILES RD gxpixee On s 9/30/04 CORAL SPRINOS PL 33076 •gin`.(4 DETACH AND POST THIS LICgNS't rN A CONSPICUOIIS PLACE ao • rc+ ''` �,, �.j��' :>'; `�;;; :=� :� •� BROWARD COUNTY PC CERTIFICATE OF COMPETANCY E Y c�° ri ``;.,,�•�; ,c�ri�S , l ENG 3A MAJOR ROADS i '�^ , `' ,, J•r`�"'u; a � 4`JatkP '�,. CC#98-1616X 'E r��i���R',u� �r�4 Lki r. � F• Enterprises Enter T Chen and Associates / e nex p City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements TENEX ENTERPRISES,INC. INSURANCE ACORD CERTIFICATE OF LIABILITY INSURANCE 128DATE 2004'M"°°"" PRODUCER 954 583.5444 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Pelican Insurance A enC HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND,OR Agency ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 6950 Cypress Rd Ste 208/7 INSURERS AFFORDING COVERAGE Plantation, FI 33317 INSURER A: Burlington INSURED WSURERB: TICO TeneX Enterprises Inc. WSURERC: Mount Vernon Fire Insurance Company 12452 Wiles Road WsuRERO: Ins Co.State of Penn. Coral Springs,FL 33076 INSURER E: COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSFI POLICYEFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICYNUMBER DATE(MWOD" DATE(MMIDDM) LIMITS A GENERAL LIABILITY EACH OCCUPENCE - f 1,0000.00 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one4re) f 50.0,000.00 CLAIMS MADE ©OCCUR MEDEXP(Anyone person) f 1,000.00 3598510438 4292003 42920()4 PERSONAL&ADV INJURY f 1,000,000.00 GENERAL AGGREGATE f 3,000,000.00 GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 1,000,000.00 POLICY JECT LOC B AUTOMOTIVE LIABILIT' COMBINED SINGLE LSAT X ANY AUTO (EaxCiaero f 3,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS LC0000857503 5/13/2003 5/13/2004 (Perpen:on) f 1,000,000 X HIREDAUTOS BODILYNAM X NOIUMNED AUTOS (PerM ioem) f 1,000,000 . PROPERTY DAMAGE(Per ecotioe f 1,000,000 nO GARAGE LIABILITY AUTO ONLY-EA ACCIDENT f 9 ANY AUTO OTHER THAN EA ACC f AUTOON.Y: AGO EXCESS LIABILITY (`, EACHOCCURENCE f 1.000.000.00 OCCUR E-JCLAMISMADE AGGREGATE f 1.000.000.00 CCP-251756 4292003 4292004 f DEDUCTIBLE f RETENTION f f WORHER'S COMPENSATION AND eT1i D EMPLOYERS'UABILIY ❑ TORYLIMITS ER WCO2120103 1/12004 1/1,7005 El.EACH ACCIDENT f 100,000.00 Et.DISEASE-EA EMPLOYEE f 100,OW.00 E.L.DISEASE-POLICY LIMIT f 500,000.00 [TIlrR DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSKINS ADDED BY ENDORSEMENTISPECUIL PROVISIONS CERTIFICATE HOLDER �Don1GNU INSURED;INSURER LETTER:A CANIrFLLATION Chen and Associates SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 51 OO NW 33 Ave Ste ZSO EXPIRATION DAT THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Ft Lauderdale,FL 33M9 BIJTPALURETO MAIL SUCH NOTICE SHALL IMPOSENO OBLIGATION ORUABILnY 954-730-2= of ANY KIND UPON THE COMPANY,ffe AGENTS ORREP AUTHORIZED REPRESENTATIVE .................. ... . ......... 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CL o o c to O) o o tL c U "° o c o o L 'o cn c o � p � c�o � aC: c m 0) c 'rn0 c rn� C) �'- � � •� o- c Q E ~ Qvoi �. c c� Z '� o vW ° � U 'L m e °' � 'C z75 N U E U U p ° Z ° � � > c @E QamiEa? a) Cac) (DEW C � aa)io ch Qc) XE0 tea) QmCD cc c � m -o° C o Z E me �, c ° omC: ZoE -a0m � Ea ZoLco m c c c rnv W ;� N — o cn o Y W U a) o � . W ° m a._ o a) ti c)Q 0 � > °x> � � � ac) > cc°a = c o cLi � � vi E 0 = :` > � � a`)) a E 0. , U oaoU � U a) rnLW acA U 3 02 U cn U W m E U U o o m cn _0 m ; o s 1 1 Ain, k 1 Team's Understanding of the Design/ Build RFP 1 _. 1 1 1 1 1 1 1 1 1 1 1 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 291"Year— Northwest Improvements 1 '• 'CH D S O IA ' It is a pleasure to once again be given the opportunity to submit a proposal to the City of Dania Beach for the Northwest Improvements. The Tenex/Chen Team has had the pleasure of working with the City of ' Dania Beach previously and we feel that all parties benefited from the relationship. We now look forward to being deemed with such an opportunity on the Northwest Improvements. We at The Tenex/Chen Team feel that we bring the advantage of small firms, in the form of responsive service, combined with the expertise and project experience of a large firm. We also feel that our recent experience has given us a reputation for excellence in Neighborhood Engineering. tCDBG FUNDING The Tenex/Chen Team has been fortunate enough to work with different types of funding, including CDBG projects in various neighborhoods. The Tenex/Chen Team is very aware of the tight budgets, short schedules and reporting that is required when processing CDBG projects. The CDBG Budget is carefully reviewed and scaled to produce the most effective use for the funds in order to reach the projected goals. The Tenex/Chen Team finds it important to incorporate schedule control, cost control, cost estimating and quality control in the design and review process so that a high level of performance is , reached. These reviews are done with the intentions of eliminating unexpected incidents that may arise from i4 unrealistic schedules, un-constructible designs, underestimated budgets and unforeseen conflicts. B doing this The Tenex/Chen Team is able to complete the =Y project without any major design or construction deviations, which leads to direct savings for The o- Tenex/Chen Team, which consequently means cost savings for the client. PROJECT REVIEW Figure1:Storm water settling in roadway. The Tenex/Chen Team always finds it imperative to visit the site in preparation for any anticipated project in order to investigate and research the construct-ability of the proposed vision. Upon review of the t information provided and observation of the site where construction is to commence, several items were noted that would be beneficial to be pointed out prior to the construction of this project. • The plan indicates drainage being installed , on NW 10"' Court (north side), when inspecting the site we noticed that water was being held in the roadway at the intersection 4• r � of NW 8`' Avenue and NW 2"d Avenue.This water settling in the roadway can be corrected by simply adjusting the roadways -m _ elevations to allow the water to drain to the swale area. o The exhibits propose that brick pavers be , installed in all driveways on NW 7'h Avenue t as a form of uniformity and street ���• "�� � �� �. beautification. Some of these properties already have the pavers in the driveway Figure 2•Sidewalk Sawcuts approach, both on NW 7'h Avenue and NW Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year=Northwest Improvements p • • 1MTE 8"'Avenue. It seems that it would make a more complete scene if brick pavers were also installed at the properties on NW 8"'Avenue that now have asphalt driveway approaches. o For the most part, the sidewalk around the park is not in very bad condition. However there are areas where the concrete has been cut back in efforts to make what looks to be some type of planter. O The One-Way Improvements on NW 7°i Avenue need to be made more permanent. It is obvious that the improvements in the crime rates in the area are attributed to the relocation of the police substation, the roadway improvements, including the street closure and one-way change, and the lighting in the area. As such, making the one-way roadway into a permanent and safe roadway is a top priority. All of these items can be incorporated in the scope of this project and have plants or trees installed to make sufficient use of the area and to help with the beautification of the area. Chen and Associates / Tenex Enterorises City of Dania Beach RFP for Design/Build Services—CDBG 291h Year— Northwest Improvements 1 1 1 J J J 1 Project Experience 1 - - 1 1 1 1 1 1 1 1 1 1 1 1 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 291' Year— Northwest Improvements 1 ISLAMORADA, VILLAGE OF ISLANDS— CITY OF MARGATE GENERAL ENVIRONMENTAL ENGINEERING COMMUNITY REDEVELOPMENT AGENCY GENERAL ENGINEER Chen and Associates has been a consulting environmental engineer for Islamorada since 2001. Chen and Associates is the general civil engineer for In this time, the Chen Team has worked on several the Community Redevelopment Agency and served small projects, including Phase I Environmental as the consultant to all improvement made by the Assessments and Invasive Exotic Species Studies. CRA in the public right-of-way. Since the inception of Chen and Associates is currently working with the this contract in 2001, Chen and Associates was Village of Islamorada on a stormwater treatment awarded the Southgate Median Project, which is the project along US-1 in Lower Matecumbe Key. This conversion of Southgate Boulevard from a five-lane project, which is jointly funded by the Village, roadway (four lane with a middle "suicide lane") to a SFWMD and FDOT, is part of a water quality study four-lane divided roadway over a '/2 mile stretch in being performed in the Village to determine the eastern Margate. This project has had a great deal effects of the runoff of the Overseas Highway. This of public involvement as several homes face this project is in construction, with Chen staff acting as roadway. The project is currently under construction. construction manager. Chen and Associates was also responsible for the study of all major intersections along U.S. 441/ S.R. Completion Date: June 2004 7. As a result of the study recommendation, design Project Budget: $57,000 is initiated on improvements of several intersections. Reference: Zully Williams Islamorada, Community Completion Date: From 2001 to date Enhancement Division Project Budget: $45,000 to date 81011 Overseas Highway Reference: Jeffrey L. Oris, Exec. Dir. PO Box 568 Margate CRA Islamorada, Florida 33036 5790 Margate Boulevard Tel: (305)664-2345 Margate, Florida 33063 Tel: (954) 935-5324 lie CITY OF MARGATE EL NINO GRANDE DRAINAGE IMPROVEMENTS CITY OF DANIA BEACH 271n YEAR CDBG NORTHWEST Chen and Associates was selected as the prime BEAUTIFICATION PHASE IV consultant for the El Nino Grande Drainage Improvements Project. This project, funded by Chen and Associates is the prime consultant for this Community Development Block Grant Funds, serves CDBG project involving street closures, cul-de-sac two separate neighborhoods that have had chronic improvements, drainage modifications and flooding problems. The two areas were permitted landscaping in and are of northwest Dania Beach. and designed by examining the original permit The project had a very aggressive timeline and documents and close coordination with the Chen and Associates was able to meet the City's regulatory agencies. Additionally, a great deal of timeline to ensure that the funding for the project public involvement went into this contract as a result would stay in place. This project is completed. of the high profile of the drainage improvements and the City's desire for public involvement in the CDBG Completion Date: February 2003 process. This project is completed. Project Budget: $37,000 Reference: Mr. Leo Williams, Super. Completion Date: February 2003 Public Works and Utilities Project Budget: $207,000 100 W. Dania Beach Blvd. Reference: Emilio C. Esteban, P.E., Dir. Dania Beach, Florida 33004 Dept. of Envir/Eng Services Tel: (954) 924-3743 City of Margate 1001 West River Drive Margate, Florida 33063 Tel: (954) 972-0828 t Chen and Associates / Tenex Enterorises City of Dania Beach RFP for Design/Build Services—CDBG 291n Year— Northwest Improvements BROWARD COUNTY SOUTH BROWARD COUNTY CENTRAL ® NEIGHBORHOOD IMPROVEMENTS PROJECT NEIGHBORHOOD IMPROVEMENT PROJECT This is the first of three neighborhood infrastructure This is the second of three neighborhood improvements projects carried out by Broward infrastructure improvements projects carried out by County in the unincorporated area. The project Broward County in the unincorporated areas. The included the improvements of the area's drainage, project included the improvements of the water, sewer, and roadway systems. Chen and drainage, water, sewer, and roadway systems. Associates was on the Heery International program Chen and Associates was selected to be the design management team. Chen and Associates was engineer for one third of the project sites, including responsible for the project review of the basis of the Franklin Park, Washington Park, St. George design report (BODR), and all of the bid packages, West and East neighborhood areas. Chen and design drawings, and specifications. Broward Associates was also part of a team of engineers that County used this project as an example to set up the completed the basis of design report (BODR), and peer review process for all major County-funded served as the project reviewer that made capital improvement projects. recommendations resulting in substantial savings to the project's budget. The BODR was complete as Completion Date: October 1996 well as the design of all four bid packages of the Project Budget: $80,356 project. The construction for the Franklin Park and Reference: Mr. Ralph Zeltman, P.E. Washington Park portion is complete and St. George (Project Manager for BCOES in 1996) West is near completion. St. George East is just Broward County Aviation Div./AEP under construction. The total construction budget 3550 SW 2nd Avenue for the four projects is estimated at$27 million. Fort Lauderdale, FI 33315 Tel: (954) 359-2331 Completion Date: June 2005 Project Budget: $4,800,000 Reference: Mr. Pat MacGregor ® TOWN OF DAVIE—GENERAL CIVIL ENGINEER Broward County — Office of Environmental Services Chen and Associates is a general environmental 2555 West Copans Road engineer for the Town of Davie. As such, Chen and Pompano Beach, FL 33069 Associates has performed work on the Town's Tel: (954) 831-0904 drainage master plan produced in conjunction with the Central Broward Drainage District and was responsible for the drainage improvement design for PROUD NEIGHBORHOODS CAPITAL the Vista Filare neighborhood. Construction is to IMPROVEMENT PROJECTS begin in 2004. Additionally, Chen and Associates has produced grant application for the Town and to Chen and Associates was selected as one of the date has secured approximately $300,000 in grant consultants to participate in the Proud monies to help the drainage program. As a Neighborhoods Capital Improvement Project for the condition of the grant, Chen and Associates together City of North Miami Beach. To date, Chen and with Florida Atlantic University are responsible for Associates has worked on four paving and drainage the discharge monitoring program to be restoration projects in three areas of the City. Each conducted through 2004. of these areas has presented its own set of challenges. The first two projects were completed, Completion Date: Current the third project is under construction and the fourth Project Budget: Varies project is in preliminary design. (approx $45,000 to date) Reference: Mr. Bruce Bernard Completion Date: Current Public Works Director Project Budget: $187,000 6911 Orange Drive Reference: Mr. Hiep Huynh, P.E. Davie, FL 33314 City of North Miami Beach Tel: (954) 797-1940 17050 NE 19th Avenue N. Miami Beach, FL 33162 • Tel: (305) 948-2925 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year—Northwest Improvements TOWN OF HYPOLUXO BROADVIEW PARK ® HYPOLUXO POINT SEWER SYSTEM NEIGHBORHOOD IMPROVEMENT PROJECT BASIS OF DESIGN REPORT Chen and Associates was selected by the Town of Hypoluxo to design a sewer system serving the Chen and Associates was selected to be the lead Hypoluxo Point neighborhood. Hypoluxo Point is a consultant to be working on the completion of the subdivision bordering the Intercostal Waterway and Broadview Park Neighborhood Improvement Project Lake Worth Lagoon. Water quality of the lagoon is basis of design report (BODR). The Broadview potentially impacted by the seepage from the septic Park area is approximately one square mile with tank drainfields serving the neighborhood. The 6,700 existing population. The area residents are on Town secured a grant from Florida Department of septic tanks and are served by a private utility Environmental Protection through Palm Beach company for water. The distribution lines are County for the environmental enhancement and substandard and undersized. The plan is to provide restoration of Lake Worth Lagoon. This grant will central sewer service and replacing the water lines if pay for a portion of the sewer project. Due to the a purchase agreement can be reached with the shallow groundwater level in the project area, private utility company. Drainage, sidewalk, vacuum sewer system will be designed as an pavement repaving and landscaping will also be a alternate bid item to conventional gravity sewer part of the neighborhood improvement project. system. The Town has approved the design technical memorandum and the design has begun. Completion Date: February 2004 The project was bid in early 2001 and construction Project Budget: $680,000 was completed in mid 2002. Reference: Mr. Pat MacGregor Broward County Office of Completion Date: 2002 Environmental Services t Project Budget: $164,206 2555 West Copans Road Reference: Kenneth M. Schultz, Mayor Pompano Beach, FL 33069 Town of Hypoluxo Tel: (954) 831-0904 7580 S. Federal Highway Ile Hypoluxo, FL 33462-6034 Tel: (561) 582-0155 BROWARD COUNTY CENTRAL NEIGHBORHOOD IMPROVEMENT PROJECT BASIS OF DESIGN REPORT Chen and Associates was one of three engineering firms working on the completion of the CCNIP BODR. After the completion of the BODR, Chen and Associates conducted.a review of the document and the proposed improvements. Suggestions were made to the County that saved a substantial amount from the anticipated construction costs. Completion Date: November 1997 Project Budget: $59,478 Reference: Mr. Pat MacGregor Broward County Office of Environmental Services 2555 West Copans Road Pompano Beach, FL 33069 Tel: (954)831-0904 • Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29'h Year— Northwest Improvements CITY OF CORAL SPRINGS GENERAL ENGINEERING Chen and Associates is of the City's general engineering consultants. To date, Chen and Associates has worked on the Preliminary Engineering Cost Estimate for Sportsplex Improvements Project. Chen and Associates prepared a preliminary cost estimate for the purposes of budgeting for the City in relation to the improvements planned at the famed Coral Springs Sportsplex. This involved the preliminary design and cost estimates for a 1.2-mile roadway widening from two-lane undivided to a four-lane divided roadway section, two parking lots with 200 paved and 200 unpaved parking spots, a 12 acre sports field complex with concession buildings, bridge widening, signalization and landscaping. Close coordination was required with several departments as the funding sources would vary for this project. Chen and Associates also served as construction manager for the Sawgrass Nature Center's site civil and utility works. The project had a very tight timeline to assure that grant funding would not be lost. Chen and Associates served almost as a general contractor to parcel out numerous small contacts to a number of contractors to get the project built in a very short time frame. Completion Date: June 2002 Project Budget: $35,000 Reference: Louis C. Aurigemma, P.E. Assist Public Works Director 9551 West Sample Road Coral Springs, FL 33065 Tel: (954) 344-1170 Chen and Associates / Tenex Enternrises City of Dania Beach RFP for Design/Build Services—CDBG 291"Year— Northwest Improvements 1 1 1 1 Ability of Design/ Build Team to Complete Project 1 • Financial Ability statement 1 Current and Future Workload • Description of Firm's Resources 1 1 1 1 1 1 1 1 1 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest.Improvements i ® 200 t Chen and Associates Financial Statement: 2001 Chen & Associates Financial Statement DUNS Number: 859459547 Gross Receipts $908,1 10.09 Professional Income $906,941.05 Interest Income $1,169.04 Expenditures $887,159.83 Salaries $348,693.11 Rent $39,908.00 Taxes $26,654.49 Advertising $6,066.00 Pension $73,734.98 Employee auto expenses $32,954.68 Employee awards $429.89 Technical books $1,163.68 Professional dues $4,133.97 Business gifts $4,071.06 Insurance $18,739.34 Meals & entertainments $5,721.16 Overtime Meals $7,615.59 Technical conferences $3,860.71 Office supplies $29,325.15 Outside services $223,167.84 Postage $3,770.74 Registrations $1,328.94 Repairs $55.00 Subscription $422.08 Training $6,980.03 Travel $25,175.19 Utilities $23,188.20 Gross Profit $20,950.26 Capital Purchase $19,641.81 Net Income $1,308.45 Bank: Citibank, Englewood Cliffs, New Jersey Local Contact: Annabelle,(954)476-4023 t n Associates / Tenex Enter rises Chen and p City of Dania Beach RFP for Design/Build Services—CDBG 29'h Year— Northwest Improvements E 2002 Chen and Associates Financial Statement: 1 ® Income TOTAL Billed Fee Revenue 1,356,643.40 Total Income 1,356,643.40 Cost of Goods Sold Direct Expenses Direct Labor Direct Labor- Principals 108,641.05 Direct Labor- Employees 200,710.72 Total Direct Labor 309,351.77 Other Direct Expenses Reproductions 25,603.58 Total Other Direct Expenses 25,603.58 Outside Services Expenses Civil & Landscape Consultant 71,320.34 Other Consultants 140,638.34 Total Outside Services Expenses 211,958.68 Total Direct Expenses 546,914.03 Total COGS 546,914.03 809,729.37 Expense Indirect Expenses Administrative Labor Indirect Labor- Principals 38,485.72 Indirect Labor- Employees 77,797.10 Total Administrative Labor 116,282.82 Automobile Insurance Auto Gas & Oil 28,427.64 Travel 12,580.24 Hotels& Meals 10,336.21 Total Automobile Insurance 51,344.09 Depreciation& Amortization Depreciation- Furniture& Fixtures 25,090.23 Total Depreciation& Amortization 25,090.23 Expense Recovery Printing/Reproduction Recovery 967.34 Total Expense Recovery 967.34 Legal &Financial Services Legal 7,963.75 Accounting/Audit/Tax 8,568.50 Data Processing 13,923.23 Interest Expense -710.27 Other Insurance 235.75 Total Legal & Financial Services 29,980.96 Chen and Associates / Tenex Enterprises tCity of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements Office Expense Rent 64,921.72 Utilities 4,157.38 Office Supplies/Periodicals 13,457.32 Telephone 33,492.59 Postage/Shipping/Deliver 3,932.67 Equipment Rental 21,062.87 Repairs & Maintenance 1,167.76 Printing& Reproductions 1,825.62 Other Office Expenses 14,583.20 Total Office Expense 158,601.13 Other Benefits Health Care Insurance 27,911.48 Disability Income Insurance 5,444.26 Other Insurance 12,787.93 Pension/Profit Sharing 120,665.48 Education& Seminars 36,289.78 Professional Registration&Due 38,576.06 Total Other Benefits 241,674.99 Payroll Benefits Employer's FICA Tax 179,526.56 State Unemployment 239.56 Workers'Compensation 6,834.00 • Misc. Payroll Expenses 256.42 Total Payroll Benefits 186,856.54 Total Indirect Expenses 810,798.10 Total Expense 810,798.10 -1,068.73 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements MR-DVAIMMI Current and Near Future Workload: ® Chen and Associates has a staff of 9 professionals. Of these professionals, four are registered Professional Engineers and two are registered Engineering Interns. Supporting these six engineers are a General Contractor, an engineering inspector and an environmental technician. Chen and Associates works only for public and semi-public clientele. A current list of projects is as follows: Client Contract Type Project Name/Descri tion Broward County Capital Improvement Central County Neighborhood Improvement Project: This is a multiple phased project involving roadway, drainage, sewer, water and landscaping design in several neighborhoods with an approximate construction value of$22 Million. City of Margate Capital Improvement El Nino Grande: This is a two part project involving drainage design and restoration to relieve two neighborhoods within the City's Community Redevelopment District. City of Coral Springs Continuing Services We are one of the City's Civil Engineering Consultants. Town of Davie Continuing Services We are the Town's civil and environmental engineering consultants. City of Margate CRA Continuing Services We are the City's CRA engineering services consultant. Village of Islamorada Continuing Services We are the Village's environmental engineering consultant. Broward County Capital Improvement Broadview Park Neighborhood Improvement Project: This is a multiple phased project involving roadway, drainage, sewer, water and landscaping design in several neighborhoods with an approximate construction value of$42 Million. City of North Miami Beach Capital Improvement Proud Neighborhoods Capital Improvement Project: This is a multiple phased project used to improve a number of neighborhoods in the City. Parkland Utilities Continuing Services We are this utilities consultant. Ferncrest Utilities Continuing Services We are this utilities consultant. Chen and Associates / Tenex Enterprises 1 City of Dania Beach RFP for Design/Build Services—CDBG 29'h Year— Northwest Improvements A D Ability Statement: Chen and Associates hopes that it has shown a variety of experience in the qualifications section along with a current diversity and overall corporate health. Please find the following projected deadlines for the capital improvement projects listed above: Project Name Completion Date Resources Central County Neighborhood Mid 2004 This project requires multiple Improvement Project full-time inspectors _and one full time engineer. Broadview Park 12/2009 This is a very long term Neighborhood Improvement project that will require Project minimal resources for the long term. Proud Neighborhoods Capital End 2004 This project requires multiple Improvement Project: City of full-time inspectors and one North Miami Beach full time engineer. As noted above, only approximately one half of Chen and Associates resources are utilized by capital improvement projects. As such, at least four staff members are available to assist for our continuing services contracts. Office Locations: Chen and Associates' has its corporate headquarters in Fort Lauderdale, Florida. In addition to the corporate headquarters, Chen and Associates has three project specific offices located in Miami-Dade County, Hillsborough County and Palm Beach County. These offices are strategically located to ensure total access to our clients. Principals of the Firm: Chen and Associates was founded in 1986, right here in Broward County, by Ben H. Chen, P.E. Mr. Chen is President of the firm, and resides in Plantation, Florida. Peter M. Moore, P.E. acts as Vice President of the firm. Mr. Moore also has his place of residence in Plantation, Florida. 1 i Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year— Northwest Improvements On TENEX ENTERPRISES,INC. FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED JUNE 30, 2003 t Stuart M. Rotman, C.P.A., P.A. 4700 North State Road 7, Suite 208 (954)485-1200 Fort Lauderdale, Florida 33319-5804 (954)485-5006 fax To the Board of Directors Tenex Enterprises, Inc. Coral Springs, Florida I have reviewed the accompanying balance sheet of Tenex Enterprises, Inc. as of June 30, 2003 and the related statements of income and retained earnings and cash flows for the six months then ended,in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of Tenex Enterprises, Inc. A review consists principally of inquiries of Company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, I do not express such an opinion. Based on my review, I am not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting principles. My review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conformity with generally accepted account principles. The information included in the accompanying Schedules is presented only for supplementary analysis purposes, Such information has been subjected to the inquiry and analytical procedures applied in the review of the basic financial statements, and I am not aware of any material modifications that should be made thereto. i Stuart M. Rotman Certified Public Accountant July 24, 2003 Tenex Enterprises, Inc. Balance Sheet As of June 30,2003 ASSETS Current Assets: Cash $ 77,857 Contract receivables 674,315 Costs and estimated earnings in excess of billings on Uncompleted contracts 0 Total Current Assets $752,172 Property and Equipment: Furniture, fixtures, and equipment 271,719 Accumulated depreciation 14� 5.522) 126.197 878 369 LL4BILITIES AND STOCKHOLDERS EQUITY tCurrent Liabilities: ® Accounts payable $412,110 Payroll taxes payable 4,479 Income tax payable 6,359 Deferred income taxes 91,970 Billings in excess of costs and estimated earnings on uncompleted contracts 0 Total Current Liabilities $514,918 Long-Terns Liabilities: Note payable-vehicle 12,574 Total Long Term Liabilities 12,574 Stockholders Equity: Common stock-$1.00 par value, 500 shares authorized,issued and outstanding 500 Retained earnings 3 77 Total Stockholders Equity 350M7 Total Liabilities and Stockbolders' Equity 87 See accompanying notes and accountant's report Tenex Enterprises, Inc. Statement of Income For the Six Months Ended June 30, 2003 Contract Revenues earned: $ 1,759,406 Cost of Revenues earned: Materials 670,267 Labor and subcontracors 688,171 Equipment rental 47,974 Other 42,061 Cost of Revenues earned 1,448,473 Gross Profit 310,933 General and Administrative expenses: Salaries- Officers 26,000 Bank charges 157 Depreciation 40,000 Insurance 79,571 Office expense 4,537 Payroll taxes 1,989 Professiozaal fees 27,032 Rent 19,617 Telephone 8,626 Taxes-licences 1,051 Miscellaneous 3.068 Total General and Administrative Expenses $ 211,648 Income from Operations $ 99,285 Other Expense: Interest income 433 Interest expense 861 Total Other Income(Expense) 428 Income Before Taxes 98,857 Income taxes 25.000 Net Income 7� See accompanying notes and accountant's report 1 Tenex Enterprises, Inc. Statement of Cash Flows For the Six Months Ended June 30,2003 t Cash Flows from Operating Activities: P g Net income $ 73,857 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation 40,000 Deferred income taxes 25,000 (Increase) decrease in: Contract receivables (162,735) Costs and estimated earnings in excess of billings on uncompleted contracts 10,500 Increase (decrease) in: Accounts payable and payroll tax payable 171,405 Income tax payable 0 Billings in excess of costs and estimated earnings on uncompleted contracts (105,906) • Net Cash.Used for Operating Activities 52,121 Cash Flows from Investing Activities: Purchases of property and equipment (60,099) Net(Decrease) in Cash ( 7,978) Cash at Beginning of year 85,835 Cash at June 30,2003 ?7 85_ • See accompanying notes and accountant's report Tenex Enterprises, Inc. Statement of Retained Earnings For the Six Months Ended June 309 2003 Beginning Retained Earnings as of December 31, 2002 $ 276,520 Net Income 73.857 Ending Retained Earnings as of June 30, 2003 35S 0,377 1 ® See accompanying notes and accountant's report t ® TENEX ENTERPRISES, INC. NOTES TO FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED JUNE 30, 2003 1 NOTE A- SUMMARY OF SIGNIFICANT,ACCOUNTING POLICIES Business Activity The Companyperforrns construction and repairs ofmajorroads,airport runways and aprons,parking lots, sidewalks, curb and gutters, and storm drainage facilities including any excavating, clearing, grading and concrete work necessary and incidental thereto. Revenue and Cost Reco_ ian tion The Company recognizes revenues from fixed-price and modified fixed-price construction contracts on the percentage-of-completion method, measured by the percentage of cost incurred to date to estimated total cost for each contract. That method is used because management considers total cost to be the best available measure of progress on the contracts. • Contract costs incIude all direct material and labor costs and those indirect costs related to contract perfonmance, such as indirect labor, supplies,tools,repairs, and depreciation, Selling, general, and administrative costs are charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. Changes in job performance,job conditions, and estimated profitability may result in revisions to costs and income, which are recognized in the period in which the revisions are determined. The asset,"Costs and estimated earnings in excess of billings on uncompleted contracts,"represents revenues recognized in excess of amounts billed. The liability, `Billings in excess of costs and estimated earnings on uncompleted contracts,"represents billings in excess of revenues recognized. Depreciation Depreciation is provided principally on the straight-line method over the estimated useful lives of eP P P P Y � the assets, which are generally from five to ten years. See accountant's report ® TENEX ENTERPRISES, INC. NOTES TO FINANCIAL STATEMENT FOR THE SIX MONTHS ENDED JUNE 30, 2003 come taxes Income taxes are provided for the tax effects of transactions reported in the financial statements and consist of taxes currently due plus deferred taxes related primarily to the difference between the bases of long-term contracts for financial reporting and income tax reporting. The deferred taxes represent the future tax return consequences of those differences, which will either be taxable or deductible when the assets and liabilities are recovered or settled, For tax purposes, the Company uses the cash method of recognizing revenues on long-term contracts. The bases of long-term contracts for financial reporting,exceed the tax bases. The excess will be taxable when the contracts receipts are collected and costs are disbursed. NOTE B - CONTRACT RECEIVABLES Contract receivables consist of ® filled Completed contracts S 367,206 Contracts in progress 307,109 $ 674,315 NOTE C - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs incurred on uncompleted contracts $ 5423246 Estimated earnings 72,962 615,208 Billings to date 615,208 �0 Included in the accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings on uncompleted contracts $ 0 Billings in excess of costs and estimated earnings on uncompleted contracts 0 1- ® See accountant's report TENEX ENTERPRISES, INC. NOTES TO FINANCIAL STATEMENT FOR THE SIX MONTHS ENDED NNE 309 2003 1 NOTE D - NOTE PAYABLE Note payable on vehicle with interest of 10.9%is payable in monthly installments of$537 principle and interest through 2005. NOTE E- STATEMENT OF CASH FLOW SUPPLEMENTAL DISCLOSURES Income taxes paid $ 0 Interest paid 861 1 See accountant's report � o § 8 q S � $� § § § § B § R LUk �u u ■ � ■LL wee � . 2 � z � � uuj § %n Go cn M _ \ ¢ �co ( cm � I � m I k N A L ■ co I, 8 S q ® � R o R w k $ k � § g a / $ \ \ $ K | w § r § I LU © Q o � k k g k N % $ k � § 2 cn .1 2 ® R \ k W « § § � « Q c� N CN m § k 7 2 8 m E co R � k � 2 � § � ® _ . co w � | J 0 0 0 | k � k W. / k1 to - ~ | § ■ � § k g | � § 2 § § § � ^ $ $ 2 § � 94 z � o u S � � � � & § $ d§ G L . d k 2 § ■ § § § w%R § o § LU e LU W w 2 k \ \ k § zzz ° � � TENEX ENTERPRISES, INC. i 12452 Wiles Rd.•Coral Springs, FL 33076•Tel: (954)510 0700 • Fax: (954)510 0702 ■ • Tenex Enterprises, Inc. is a General Contracting firm, specializing in roadway repair and construction. • Tenex Enterprises, Inc. is in finacial size classification IV, and has 33 employees. i • Tenex Enterprises, Inc. is located at 12452 Wiles Road, Coral Springs, Florida 33076. • Tenex Enterprises, Inc. has been in business for six(6)years. (Date of incorporation—January 7, 1998.) • The principal of the company is: Hamid Fouladi, 10037 North Springs Way, Coral Springs, FL 33076. 0 a Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29'h Year— Northwest Improvements 1 Proce Proposal 1 - 1 1 1 1 1 1 1 1 1 1 1 1 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 291h Year— Northwest Improvements 1 6MMIMMOMMINDTAIRM Price Proposal: ® A price of$197,455 has been proposed related to the work as described in the RFQ package from the City of Dania Beach based on the following breakdown. This price proposal is shown in Estimated Bid Schedule 1. The Tenex-Chen Team, however, has proposed an alternate set of work, based on the existing field conditions and proposed plan. The cost for the alternate work is $285,125. This price proposal is shown in Estimated Bid Schedule 2. We feel that the alternate work addresses all of the City's concerns, however portions of the work can be negotiated out of the scope to achieve the City's budget. Also, the Tenex-Chen Team has included a Gantt chart which shows sufficient time to complete the project by the designated date of October 1, 2004. 1 1 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year—Northwest Improvements CITY OF DANIA BEACH, FLORIDA NORTHWEST IMPROVEMENTS ESTIMATED BID SCHEDULE 1: RFP BID ITEM# ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT NW 8th Avenue conversion to one wav 1 Mobilization/Demobilization 1 LS $20,000.00 $20,000.00 2 Maintenance of Traffic 1 LS $25,000.00 $25,000.00 3 Curbing 500 LF $25.00 $12,500.00 4 Irrigation 10 EA $2,000.00 $20,000.00 5 Trees 10 EA $400.00 $4,000.00 6 Ground Cover 10 LS $600.00 $6,000.00 7 Sidewalk 1,325 SF $7.00 $9,275.00 8 Bullet Proof Lighting 23 EA $550.00 $12,650.00 9 Driveway Pavers 288 SF $15.00 $4,320.00 Parking Space on SE corner of CW Thomas Park $0.00 10 Paving 300 SF $50.00 $15,000.00 11 Curbing 86 LF $25.00 $2,150.00 • NW 7th Avenue Beautification $0.00 12 Driveway Pavers 840 SF $15.00 $12,600.00 13 Trees 10 EA $500.00 $5,000.00 14 Irrigation 20 EA $500.00 $10,000.00 15 Ground Cover 20 EA $300.00 $6,000.00 1 NW 10 Avenue Drainage Improvements $0.00 16 Drainage 136 LF $110.00 $14,960.00 tEngineering Fee $0.00 17 Engineering Fee 1 LS $18,000.00 $18,000.00 1 TOTAL BASE BID PRICE(ITEMS 1 THROUGH 17,INCLUSIVE) $197,455.00 Chen and Associates / Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year—Northwest Improvements CITY OF DANIA BEACH, FLORIDA NORTHWEST IMPROVEMENTS ESTIMATED BID SCHEDULE 2: TENEX - CHEN TEAM BID ' ITEM# ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT GENERAL 1 Mobilization/Demobilization 1 LS $18,000.00 $18,000.00 2 Site Safety and Security 1 LS $2,000.00 $2,000.00 3 Maintenance of Traffic 1 LS $25,000.00 $25,000.00 GENERAL SUBTOTAL $45,000.00 ROADWAY 4 Furnish&place 1 1/4"asphalt-Type S-1 1st lift 22 SY $450.00 $10,000.00 5 Furnish&place 3/4"asphalt-Type S-III 2nd lift 69 SY $450.00 $31,000.00 4 Furnish&place 3/4"asphalt-Type S-III patch 47 SY $450.00 $21,000.00 5 Construct specialty driveways-BRICK PAVERS 500 SY $135.00 $67,500.00 6 Construct concrete sidewalk(6"thickness) 750 SY $63.00 $47,250.00 7 Furnish&install Type F curb 560 LF $25.00 $14,000.00 8 Install ADA surface applied detectable guidance tiles 5 EA $230.00 $1,150.00 ' • 9 Clear&grade swale 1,460 SY $3.00 $4,380.00 10 Remove&dispose of existing concrete 650 SY $4.50 $2,925.00 11 Remove&dispose of existing pavement 600 SY $2.50 $1,500.00 12 Relocate existing mailboxes 30 EA $25.00 $750.00 13 Security/Street Lighting 10 EA $550.00 $5,500.00 14 Reuse(or furnish)&compact lime rock base 69 SY $8.00 $552.00 under roadway(8"thickness) ROADWAY SUBTOTAL $166,507.00 rPAVEMENT MARKINGS AND SIGNAGE 15 Furnish&place 24"thermoplastic(stop bars) 12 LF $4.10 $49.20 16 Furnish&install directional arrows 2 EA $60.00 $120.00 17 Furnish&install reflective pavement markers 16 EA $6.15 $98.40 18 Furnish&install new signs 1 EA $325.00 $325.00 19 Remove&relocate designated existing signs 10 EA $95.00 $950.00 PAVEMENT MARKINGS AND SIGNAGE SUBTOTAL $1,542.60 Chen and Associates /Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year—Northwest Improvements CITY OF DANIA BEACH, FLORIDA NORTHWEST IMPROVEMENTS ESTIMATED BID SCHEDULE 2: TENEX - CHEN TEAM BID • LANDSCAPING 20 Furnish&install Roystonea Elata(Royal Palm) 4 EA $1,000.00 $4,000.00 21 Furnish&install Quercus virginiana(Live Oak) 6 EA $525.00 $3,150.00 22 Furnish&install Ligustrum Lucidum(Sable Palm) 6 EA $300.00 $1,800.00 23 Furnish&install Dracaena Thalioides 16 EA $150.00 $2,400.00 24 Furnish&install Gaillardia Pulchella(Gaillardia) 16 EA $150.00 $2,400.00 25 Furnish&install stockpiled topsoil 1,456 SY $2.00 $2,912.00 26 Furnish&install Paspalum notatum sod(Bahia) 1,456 SY $2.50 $3,640.00 27 Furnish&install Bio-barrier 58.5"deep 48 LF $15.00 $720.00 28 Restoration of irrigation system 34 LOT $127.00 $4,318.00 LANDSCAPING SUBTOTAL $25,340.00 DRAINAGE 29 Furnish and install drainage pipe-15"RCP 136 LF $110.00 $14,960.00 30 Furnish&install Type"C"Bottom Structure 1 EA $1,000.00 $1,000.00 31 Furnish&install Type 5 Inlet 2 EA $1,000.00 $2,000.00 32 Tie proposed drainage pipe to existing structure 3 EA $750.00 $2,250.00 ' • 33 Remove&dispose of existing MH Top Slab 1 EA $550.00 $550.00 34 Construct concrete catch basin aprons(6"thickness) 1 SY $30.00 $30.00 DRAINAGE SUBTOTAL $20,790.00 MISCELLANEOUS ' 35 Consideration for indemnification(Owner/Engineer) 1 AL $25.00 $25.00 36 Design&Construction Management Fee 1 LS $25,920.46 $25,920.46 37 Permit fees-Broward County Engineering Division 1 AL $0.00 MISCELLANEOUS SUBTOTAL $25,945.46 TOTAL BASE BID PRICE(ITEMS 1 THROUGH 37,INCLUSIVE) $285,125.06 Chen and Associates /Tenex Enterprises City of Dania Beach RFP for Design/Build Services—CDBG 29th Year—Northwest Improvements G1 M p O M_ U W (D ................................ 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