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HomeMy WebLinkAboutR-2003-193 Coastal Contracting beach restrooms RESOLUTION NO. 2003-193 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CONTRACT FOR PERFORMANCE OF THE BEACH RESTROOM PROJECT WITH COASTAL CONTRACTING AND DEVELOPMENT, INC. IN AN AMOUNT NOT TO EXCEED $173,620.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has identified the need for replacement of the restroom facility at Dania Beach; and WHEREAS, the City advertised a Request For Proposal package which included criteria such as qualifications, credentials, resumes, licenses, insurance, references, etc. from vendors, and two proposals were received by the City on August 15, 2003; and WHEREAS, the committee representing the City for the project has determined and is recommending that Coastal Contracting and Development, Inc. can provide project services in an amount not to exceed $173,620.00; and WHEREAS, the City Commission approved funding of$200,000.00 in the FY 2003 budget for the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the recommendation of the committee to award the Beach Restroom Project to Coastal Contracting and Development, Inc. in an amount not to exceed $173,620.00, attached as Exhibit"A", is approved and the proper City officials are authorized to execute a contract with that company. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-193 Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on AUGUST 26T", 20 3. A TON IJ MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN- YES A � COMMISSIONER FLURY - YES I4Il COMMISSIONER MIKES - YES CHAR LENP`JOHNSON VICE-MAYOR MCELYEA- YES CITY CLERK U MAYOR ANTON - YES APPROVED AST FORM AND CORRECTNESS: BY: AONNX THO AS . ANSBRO CITY ATTORNEY • 2 RESOLUTION NO. 2003-193 Agenda Request Form y City of Dania Beach .• f Agenda Item: ' Date of Commission meeting: 8/22/2003 Description of Agenda Item: Resolution to award contract for the beach rest room project Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP Presentation ❑ General approval of item ❑ Continued from meeting or Other(Please explain) .<�- a, ..,,,,r✓ ,..,.,,;,,..,,.. .aw.,o ,,. ,,,r„ .--._�, - Summary explanation and backgro A design/build RFP was advertised for the Beach Rest Room Project. Two proposals were received and reviewed. The selection committee is recommending approval of Coastal Contracting and • Development, Inc. in an amount not to exceed $173,620.00. Attached exhIbits�and ad itd ion:"alibacku materials Ple se list - p � Resolution - electronic attachment Memo regarding Committee meeting (paper backup) For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: Account Name: Beach Capital Projects Account Number: 300-72-1521-56-620 Submitted by: btemchuk Date: 8/20/2003 Department Director: Bonnie Temchuk Date: 8/20/2003 Admin. Services Director.- Date: Finance Director: Patricia Varney Date: 8/20/2003 City Manager. Ivan Pato Date: 8/20/2003 Memorandum To: Ivan Pato, City Manager rom: Ken Koch Date: 8/19/2003 Re: Beach Rest Room Project RFP Award This project was advertised and 6 interested parties obtained RFP packages. Proposals were received and opened by me and witnessed by Nanci Denny on August 15, 2003. There were two respondents: • Frank Hill Construction, Inc. • Coastal Contracting and Development, Inc. The two proposals were reviewed for the content of the submittal by the committee of Glenn Morris, Mike Sheridan and I on August 19, 2003. The criteria included: qualifications and credentials, letter of interest, resumes, licenses, insurance, references, standard forms 254 and 255 (showing current and previous work, staff, principals etc.), organizational chart, recommended options/ materials/specs., alternate methods or technologies, similar experience in a design- build project of this type, financial ability, workload, location of the firm, length of time in business, principals in the company, price and cost breakdown, proposed concept drawings, schedules, a Public Entities Crimes Statement and a Non- Collusion Affidavit. Coastal Contracting was the most responsive bidders. Coastal submitted all information that was requested in the RFP. Upon review, the committee ranked Coastal with a total of 243 out of 400 possible points. Frank Hill Construction did not provide: resumes; licenses; insurance; forms 254 and 255; an organizational chart; any recommendations for construction, materials or technology; proof of similar experience on similar projects; a financial statement; any indication of current or future workload; information regarding the size of the firm, the length of time in business or the principals in the firm; a cost breakdown; any conceptual drawings; a time schedule. ?u E r August 19, 2003 The lack of submittals by Frank Hill Construction makes the application incomplete, therefore being non-responsive and deemed unqualified. This project had a proposed budget of$200,000.00. The committee submits the proposal by Coastal Contracting as being the sole qualified respondent with a price of $173,620.00. Coastal proposes to perform all aspects of the project (plans, permit and construction) within 3 months from the date of acceptance and also understands that the project is to be complete for occupancy by the city by no later than December 20, 2003. • 2 BID TABULATION FORM BID OPENING DATE: August 15, 2003 TIME: 3:15 p.m. SIPROJECT NAME: Beach Restroom PRESENT AT BID OPENING: (SIGN-IN SHEET MAY BE ATTACHED) tis S77 et TQ�L��II�IINGI � E, RECEIVEC�ON�HABO E ATE AND OPENED BY NO. VENDOR BOND BASE BID 2 Hl L_ Lo 00 1 6�)-cc 4 5 6 7 8 9 10 11 AFTER THE BID OPENING, THE BIDS WERE TURNED OVER TO THE FOLLOWING BID COIV�I�ITT -E�MEMBERS FOR REVIEW AND TABULATION: T�C.� 1�► d l Y\ 15% 30% 25% 10% 10% 10% o ;-ffl c � c 0 c. Nw U 5 _c (0 W c cc a) U 'p (�0 APPLICANTcy od a c/) z a 5 v 5 REMARKS �R�cE Stiowal i•� � 1,l- � o`Z a l� �,� �� V r2 y J-r rrLe i n�F d 1� No VF-TAUID ScF¢ caA-S-rPr�. v �� �D lio rU o �2i�� L� t3( (�o�r% o Sc 105 PROJECT: Rest Room Building on Dania Beach DATE �Y a 250 North Beach Road REVIEWER �� 15% 30% 25% 10% 10% 10% a. o m 0 c y y C m '7C T pO M � VN so pm� APPLICANT � F- REMARKS c z a. u V, 15�(►7�0 14 2d PROJECT: Rest Room Building on Dania Beach D E 250 North Beach Road REVIEWER • 15% 30% 25% 10% 10% 10% -r a v AG 0a) O sp APPLICANT 0 ca a � 2 z a s U 5 REMARKS n'751) D i D ve rsw A/!IF FRA ur1 HILL ►61 0 d � � O 19 '7 c�PIEsoPR�s ,� R�sP°1Kt°veg-1Ivc&h c.6-- 17;,1�to PROJECT: Rest Room Building on Dania Beach DATE dit/c,3 250 North Beach Road REVIEWER LacH 9549274480 AUG- 15-2003 04 : 41 Pt1 COASTAL CONTRACTING 9549274480 P. 01 • Developmenl, n , -41, n r tin ancos�a o � ac P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 - Fax: 954-927-4480 August 15, 2003 Sent: Registered Mail City of Dania Beach Ken Koch 100 West Dania Beach Blvd. Dania Beach, FL 33004 Fax: 954-922-2687 RE: Design Build RFP for a Restroom Building on Dania Beach Dear Mr. Koch, Please be advised that we, Coastal Contracting and Development, hereby protest the acceptance of the proposal from Frank Hill Construction for the Restroom Building on Dania Beach. This is due to the fact that he did not fulfill the submittal requirements. Please see attached. Zerary . cGe y, re dPevelopment Coastal Contracting an REQUEST FOR PROPOSALS CITY OF DANIA BEACH, FLORIDA • DESIGN-BUILD FOR A RESTROOM BUILDING ON DANIA BEACH The City of Dania Beach, Florida is requesting Proposals from Florida certified, licensed and otherwise qualified design-build firms, one of which may be selected to enter into a Design-Build Contract with the City for the design and .construction of a restroom building, together with the demolition of an existing CBS structure on certain City-owned property located at and on the beach in Dania Beach, Broward County, Florida. The Project location site (existing restroom building) is located within the City recreational area commonly known as "Dania Beach" which is located at the easternmost end of East Dania Beach Boulevard, east of State Road A-1-A and east of and near the entrance of John U. Lloyd State Park. The RFP, specifications and plans can be obtained by contacting the City Clerk's Office, City of Dania Beach, 100 West Dania Beach Boulevard or by calling (954) 924-3624. Proposals will be accepted until 3:00 p.m. Friday, August 15, 2003 at the Office of the City Clerk of the City of Dania Beach, 100 West Dania Beach Boulevard, Dania Beach, Florida and publicly opened by 3:15 p.m. in the City's conference room. Envelopes must be sealed and clearly marked: SEALED RFP- DANIA BEACH "RESTROOM PROJECT • BUILDING ON DANIA BEACH" All proposal packages must consist of a completed proposal containing all of the information required in the RFP package. For further information, please contact: Ken Koch, Building Official (954) 924-3650 The City of Dania Beach reserves the right to reject any and all RFP's, to waive any and all informalities or irregularities, and to reject all or any part of any RFP's as it may deem to be in the best interest of the citizens of the City of Dania Beach. The City of Dania Beach encourages participation by SDBE firms. //Charlene Johnson, CIVIC City Clerk Sun Sentinel publication: July 30 and August 6, 2003 • 1 AUG- 15-2003 04 : 41 PM COASTAL CONTRACTING 9549274480 P. 02 0 CITY OF DANIA BEACH, FLORIDA REQUEST FOR PROPOSALS FOR DESIGN-BUILD FOR A RESTROOM BUILDING ON DANIA BEACH 1. INTRODUCTION The City of Dania Beach, Florida (the"City")is requesting Proposals from Florida certified, licensed and otherwise qualified design-build firms (the "Firm), one of which may be selected by the City to enter into a Design-Build Contract for the design and construction of a restroom building,together with the demolition of an existing CBS structure on certain City-owned property located at and on the beach in Dania Beach, Broward County, Florida (the "Project"). The subject site (see "Exhibit One") is located within an area of the City known as Dania Beach Park, a 26.5t acre beachfront park owned by the City. it is located north of East Dania Beach Boulevard and east of State Road A-1-A. The Park contains over one • thousand three hundred (1,300)feet of ocean frontage. The North Beach area of the City of Hollywood lies directly to the south, while the state park known as John U. Lloyd Park lies immediately to the north of the City beachfront park area. The site (Project) address is known as 250 North Beach Road. 11. INSTRUCTIONS FOR PROPOSAL SUBMISSIONS A Pre-Submission meeting will be held on Monday, August 11, 2003 at 10:00 a.m. at the site (existing restroom building) which is located at the easternmost end of East Dania Beach Boulevard, east of State Road A-1-A and east of and near the entrance to John U. Lloyd State Park. All proposers and interested persons are invited and urged to attend the meeting, which will outline the Project as described in this document, and will provide an opportunity for questions and answers for all interested persons. Any interpretations, clarifications or additional information not disclosed in this document and determined to be necessary by the City in response to questions will be issued by means of addenda mailed or delivered to aik interested persons identified by the City as having received the Project Request For Proposal ("RFP") documents. Only questions answered and information supplied by means of such addenda will be considered as binding. Oral interpretations, clarifications or other information will have no legal effect. All Proposals must be submitted to the City in a sealed envelope and clearly marked in the • lower left corner: "Sealed RFP — Dania Beach Restroom Project". All Proposals must be Page 2 AUG--15-2003 04 : 42 PM COASTAL CONTRACTING 9549274480 P. 03 received in the Office of City Clerk of the City of Dania Beach, Florida, by 3:00 p.m. on August 15, 2003 and will be opened in a public forum at 3:15 p.m. that same day. Faxed or Electronic Proposals will not be accepted under any circumstances. Seven (7) copies of the Proposal must be presented. Proposal openings are open to the public. All 15esign- Build Firms and their representatives are invited to be present. Any responses received by the Office of City Clerk after the due date and time specified in this RFP will not be considered and will be returned unopened. Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections of any kind to any RFP must be initialed by an authorized representative of the Design-Build Firm. All Proposals must contain a manual signature of an authorized Firm representative. III. DESIGN-BUILD FIRM QUALIFICATION AND SELECTION PROCESS The City will first conduct a qualification and selection process in connection with its proposed award of a Design-Build contract. However, the City reserves the right, at any time, to discontinue the selection process, to stop negotiations, to abandon the Project or to undertake the Project itself, should it so decide. The City shall not be responsible for any proposal costs incurred by anyone, at any time. • The following comprise the City's procedural rules governing the award of a Design-Build Contract for the Project and the qualification and selection process, all as approved by the governing body of the City, which body is known as the City Commission (the "Commission"). A. Committee Review To begin the Design-Build Firm selection process, the City will appoint at least three (3) City Officials to evaluate the qualifications of all interested firms. That evaluation will be made by such persons, who will be appointed to act as a Review Committee("Committee") on behalf of the Commission. The evaluation by the Committee shall consist of the ultimate identification, selection and recommended ranking of Firms determined by the Committee to be the most qualified to perform the Project work, based upon a review of all of the interested Firms' professional qualifications, their availability to meet both the City's needs and its scheduling requirements and an analysis of the past work of each Firm (including partners, members or both). Such evaluation shall consider the Qualifications Criteria scribed below: ` 1. Evidence that the Firm is a Design-Build firm, which is a partnership, corporation of other legal entity that: Page 3 cuislol CoRlrochp P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 o Fax: 954-927-4480 August 26, 2003 City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: Restroom Building on Dania Beach Mayor and Council, Due to a personal medical reason, I am unable to attend your meeting tonight. Coastal Contracting and Development has been working with the City of Dania Beach and many other local cities for the past 10 years. In Dania Beach, we have completed your Fire Station #1; NW Community Center, Thomas Park Swimming Pool Renovation, Frost Park Design/Build and we are 90% complete with the Patrick J. Meli Aquatic Park Complex, which is on time with no change orders. Over the past 2 months, we submitted our proposal on 2 separate occasions for the Restroom Building on Dania Beach. We were rated by your review committee and given the highest rating on both occasions. Coastal Contracting and Development has completed similar structures in the past and present. We built a restroom for the City of Deerfield Beach, located on the beach and presently; we are constructing a similar building at Patrick J. Meli Aquatic Park. Taking all the above into consideration, we hope we are selected and awarded this project by Mayor and Council. We assure you our full cooperation, as always in the past, and guarantee a completion on schedule. Sinc rely, Gary J. McGeddy President DESIGN BUILD AGREEMENT THIS DESIGN BUILD AGREEMENT (the "Agreement") is entered into and effective on e'i 1t1 Y:. 2S , 2003 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 �%(� I i�>�.i �_ �:� f+i` :(a� -'� ll�C i'It`s !�i, r/th'- , ("Design/Builder"). RECITALS 1. City is the owner of a certain parcel of real property located at 250 North Beach Road, Dania Beach, Florida. 2. On -jai; �l ' , 2003, the City issued a Request for Proposal (the "RFP") for the,demolition of the existing public restroom building and the design and construction of a new beach restroom building (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 Section 2 of this Agreement. 1.1 Project Description. The "Project" consists of the demolition of the existing public restroom building and the design and construction of a new beach restroom building as outlined in attachments to the RFP. Beach Rest Room:/Agreements 2003:!Design-Build 1 1.2 Project Representatives. For purposes of this Project, the following shall serve as the Project Representative for each party: City Ken Koch Phone 1 (954) 924-3650 No: Design/Builder Phone i � / 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 begin permit processing with the City on the first business day after this Agreement is awarded by the City Commission of City and 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 (301h) day after the effective date of this Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty(30) days after the effective date of this Agreement. 1.5 Compensation. It is the intent and agreement of the parties that the City shall pay the Design/Builder for Design/Builder's performance of its obligations under this Agreement a single Contract Sum for both the Design Services and the Constriction Work. It is also the intent and agreement of the parties that the Contract Sum for the services of the total Project, which includes the demolition and the design and construction of the Project, shall not exceed $ .00 2. DEFINITIONS. For the purposes of this Agreement, the following terms are defined: 2.1 "Addendum", "Addenda" and "Amendment" mean a written modification to this Agreement or the Contract Documents or both executed by the 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 Cite. Beach Rest Room/Agreements 2003:/Design-Build 2.3 "Building Division"means the City of Dania Beach Building Division. 2.4 City means City of Dania Beach. 2.5 "Construction Documents" means a complete set of drawings and documents that establish and describe the size and character of the Project as to architectural, structural, mechanical, electrical, plumbing, and fire protection systems, materials and such other elements as may be appropriate. These documents are sufficient in nature to accurately construct the Project. 2.6 "Contract Documents" means this Agreement, the Plans and Specifications and all exhibits and documents related to them and contemplated by them, as well as all Addenda and Amendments related to each with respect to the Project and all changes to the documents issued by City after execution of this Agreement. 2.7 "Construction Work" means the construction of the Project required of the Design/Builder under the terms of this Agreement and the Contract Documents. 2.8 "Contract Sum" means the total amount to be paid by the City for the demolition, removal of debris, design and construction services of the Project, in accordance with terms and conditions of this Agreement. 2.9 "County"means Broward County. 2.10 "Day" or"Days"means a calendar day or days. 2.11 "Design/Builder" means 2.12 "Design Development Documents" means the drawings and documents that establish and describe the size and character of the Project as to architectural, structural, mechanical, electrical, plumbing, and fire protection systems, materials and such other elements as may be appropriate. 2.13 "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. 2.14 "Field Office" means a field office at the Project Location provided by the Design/Builder. 2.15 "Final Completion" means that all Work required under the Contract Documents has been fully and properly completed, including punch list items, issuance of certificates of final occupancy and use, delivery of record drawings, electronic files manuals, and performance of all required training. Beach Resi Room:/Agreements 2003:/Design-Build ® 2.16 "Materials" means materials, supplies, apparatus, appliances, equipment, fixtures, machinery, tools and all other items furnished or delivered in connection with the Project. 2.17 "Notice to Proceed" means written notification by City to the 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" 2.18 "Project" means the demolition, design and construction, in accordance with this Agreement and the Contract Documents. 2.19 "Project Location" or "Project Site" means the property where the Project is to be constructed. 2.20 "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. 2.21 "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 Desian/Builder's requisition for payment. 2.22 "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 a portion of the Design Services under this Agreement. 2.23 "Subconsultant Contract" means any contract in writing between the Design/Builder and a Subconsultant. 2.24 "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. 2.25 "Subcontractor Contract" means any contract in writing between the Design/Builder and a Subcontractor. 2.26 Not used. Beach Rest Room:/Agreements 2003:/Design-Build 4 2.27 "Work" means the demolition, debris removal, 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 City against defects and deficiencies in the Work of the Design/Builder. 3.4 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 nor the City's Project Beach Rest Room:/Agreements 2003:/Design-Build 5 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. 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 or omissions of the Design/Builder, any Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 3.12 In case of termination of employment of the City'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. 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 20.4 and all design requirements established by the Florida Building Code, the Florida Accessibility • Code and the Americans with Disabilities Act (ADA). Beach Rest Room:/Agreements 2003:/Design-Build 6 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 famished 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 or other 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 indemnify and hold City, its officers and employees harmless to the extent specified in Section 12.1 of this Contract if the Design/Builder violates the requirements of this Section 4.1.4. 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 Beach Rest Room:/Agreements 2003:/Design-Build 7 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 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 Beach Rest Room:%Agreements 2003:/Design-Build 8 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 Upon filing an application for a building permit, 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 by the City's Project Representative 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. 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 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. Beach Rest Room:/Agreements 2003:/Design-Build 9 4.1.13 Upon Project completion, the Design/Builder shall deliver to the City's • Project Representative a list of the identities and contact information of all subcontractors and subconsultants, 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/Builder 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 11 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. 4.2.2 The construction schedule shall indicate all of the Design/Builder's activities (including those necessary for approval of construction • Beach Rest Room:/Agreements 2003:/Design-Build 10 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 each of the two projects 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 Design/Builder's commencement of Work. If the Design/Builder's schedule does not entail the full performance period of the remaining time, the "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 Subcontractor's list shall be based upon and include names of Subcontractors, persons or entities (including those who are to furnish materials or equipment fabricated to a special design proposed for all portions of the Work as submitted to the City's Project Representative with the Design/Builder's proposal and shall reflect any additions for those elements of Work further identified during the Design/Builder'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, architectural, structural, mechanical, electrical, plumbing, fire protection and any other engineering services necessary to produce a complete and accurate set of plans and specifications for the permitting and construction of the Project (collectively referred to Beach Rest Room:/Agreements 2003:/Design-Build 11 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. 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. The City currently has a Permit issued to it from the State of Florida DEP Beaches and Shores for the construction of the Project. 5.1.4 The Design/Builder shall produce a final survey and flood level certificate upon Project completion. 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 10 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 Beach Rest Room:/Agreements 2003:/Design-Build 12 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. 5.1.7 The Design/Builder shall provide or cause to be provided detailed construction documents including architectural, structural, mechanical, electrical, plumbing, fire protection and others in accordance with Section 5.2 and the Contract Documents. 5.1.8 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 Submittals and Review of Documents. The Design/Builder shall submit 100% Construction Documents for • review and approval by the City Growth Management Department, together with applications for demolition and construction permits. Submittals shall consist of two (2) full-size drawing sets and two (2) sets of specifications and all permit applications. The 100% Construction Documents Set submittal shall serve to monitor progress of the Work. 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 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. 5.3 Construction Phase. 5.3.1 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. 5.3.2 Throughout the course of construction, the Design/Builder shall maintain an up-to-date set of Plans and Specifications and reproducible drawings, which Beach Rest Room:/Agreements 2003:/Design-Build 13 show and describe all clarifications, addenda, substitutions and approved Change Orders. Upon Final Completion, the Design/Builder shall provide the City's Project40 - 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. 5.3.3 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's 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 Locations 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 Work within the number of calendar days shown on Exhibit "A" (the "Contract Times") following Design/Builder'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 "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 Beach Rest Room:/Agreements 2003:/Design-Build 14 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 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 Completion Date (as defined in Section 7.1). The 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 Design/Builder'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/Builder'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/Builder's performance of the Work. 7.4 Completion 7.4.1 When the Design/Builder considers that the Work is complete the Design/Builder shall request all required final inspections of the City's Building Division. Should any inspections fail, the Design/Builder shall proceed promptly to complete and correct items any items listed in the rejection notices provided by the Division. 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. Upon Beach Rest Room:/Agreements 2003:/Design-Build 15 receipt of all approved final inspections, Design/Builder will provide proof of such • approvals to the City's Project Representative. - 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 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/Builder's Request for Final Inspection, the City's Project Representative will make a preliminary inspection to determine whether the Work or designated portion thereof is appropriately ready for Completion inspections. 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 Complete, the Design/Builder shall correct such item upon receipt of a list provided to him 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 thereof. 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 City, then the Design/Builder agrees to pay to City, or to cause the Design/Builder's surety to pay to City, $500.00 (Five hundred 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 Beach Rest Room:/Agreements 2003:,,Design-Build 16 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 lack of knowledge of such contingent work as an excuse for delay in the Work, or for the nonperformance of Work. • 7.6.4 No damages, including costs for additional home office expenses and extended job overhead, shall accrue to the Design/Builder for delay. Provisions of this Contract concerning delays shall provide solely for extensions of time for the acceptance of the Project. S. 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 Beach Rest Room:/Agreements 2003:/Design-Build 17 ("Agreed Cost"), a Change Order shall be processed by the City and the City's Project 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 Design/BuilderCity. 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 Beach Rest Room:/Agreements 2003:/Design-Build 18 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 Work without making a claim in writing for extra time or compensation, it will be construed as an acceptance and agreement by such person that any such Work is required under the contract and no future claim for such extras will be considered or allowed by the City. 9. PAYMENTS. 9.1 In full consideration of the full and complete performance of the Work and all other obligations of the 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 9 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 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 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, Beach Rest Room:/Agreements 2003:/Desien-Build 19 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. 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). 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. 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 Beach Rest Room:/Agreements 2003:/Design-Build 20 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 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 include and cover all Materials and Work for which a lien or claim could be filed. The Design/Builder may, if any Subcontractor, materialman, supplier or vendor refuses to furnish the required Final Waiver of Lien, furnish a bond satisfactory to City's Project Representative to defend and indemnify City and any other property owner, person or entity City may be required to indemnify against any lien or claim. In addition, and as a condition precedent to City's obligations to make Final Payment, the 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 "E" 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 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 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 Beach Rest Room:/Agreements 2003:/Design-Build 21 • 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. 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 9 solely for the purpose of performance of the Work and the construction, fiuishing, 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 "F" 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 "G" As a condition precedent to the receipt of Final Pa}anent, all such parties shall submit a full and final waiver and release of 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 materialme, 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 locations including actual effective FICA, Beach Rest Room:/Agreements 2003:/Design-Build 22 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 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; Beach Rest Room:/Agreements 2003:/Design-Build 23 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 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 Beach Rest Room:/Agreements 2003:/Design-Build 24 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 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's Project Representative 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. Beach Rest Room:/Agreements 2003:/Design-Build 25 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 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. 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. Beach Rest Room:/Agreements 2003:/Design-Build 26 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. 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 Ten (10) calendar days after execution of the Agreement, the Design/Builder shall prepare and submit for the City's Project Representative's approval 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 Beech Rest Room:/Agreements 2003:/Design-Build 27 same extent as the Design/Builder is bound to City, shall provide for a ten percent (10%) retai 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 Subcontractor 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 in Exhibit "L", a copy of which is attached and incorporated by this reference. 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. 11.2 Design/Builder shall maintain the coverages for insurance and thereafter during any and every period when Design/Builder and any of its 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 Beach Rest Room:/Agreements 2003:/Design-Build 28 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 attorneys' 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 (Exhibit "M") as specified in the statute mentioned above or a separate performance bond (Exhibit "I") and labor and material payment bond (Exhibit "J") 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. 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 Desi--n/Builder as set forth in Section 13.1. Beach Rest Room:/Agreements 2003:/Design-Build 29 14. INDEPENDENT DESIGNBUILDER. 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 Design/Builder'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/Builder'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 maintai 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 the other parties' records for purpose of adjustment to Design/Builder's payments under this Agreement, if at all, within three (3) years after Final Payment under this Agreement. Beach Rest Room:/Agreements 2003:/Design-Build 30 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 strictures and water, sewer, gas, fuel, telephone, security, and electric lines and mains and of all easements for such utilities then existing. Such as-built Plans and Specifications and surveys shall be prepared by, as applicable, a licensed architect or surveyor who shall certify that the Work is installed and erected entirely upon the Project Location and within the building restriction lines, if any, and does not overhang or encroach upon any easement or right-of-way of others. 17. NO LIENS. 17.1 Design/Builder acknowledges and agrees that the Location is owned by the City and is therefore excluded from the definition of "real property" upon which liens may be placed as set forth in Section 713.01(24), Florida Statutes. Design/Builder further acknowledges and agrees that the Work to be performed under this Agreement is for the construction of a public building or structure 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 Locations 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 Subcontractor Contracts and purchase orders, requiring Subcontractors, materialmen, vendors and suppliers to waive any claim or entitlement to a mechanic's or materialmen's lien on or against the Project Location and to look solely to the credit of the 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 anv 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. Beach Rest Room:%Agreements 2003:/Design-Build 31 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 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 to the extent specified in Section 12.1, above, from and against claims, damages, losses, causes of action, suits and liabilities arising out of, incidental to or resulting from the activities prohibited in this Section 20.1 (collectively "Environmental Claims"); provided, however, the 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 Locations 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 a 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 Beach Rest Room:/Agreements 2003:/Design-Build 32 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 employees from and against all claims, damages, losses, causes of action, suits and liabilities to the extent specified in Section 12.1 above, which arise out of, are incidental to, or resulting from the 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 20 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 21. COMPLIANCE NVITH 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 Beach Rest Room:/Agreements 2003:/Design-Build 33 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 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 workers employed on the Project Locations 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. Beach Rest Room:/Agreements 2003:/Design-Build 34 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; 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). 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. Beach Rest Room:/Agreements 2003:/Desien-Build 3J 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 Sites 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. Beach Rest Room:/Agreements 2003:/Design-Build 36 25. USE OF SITE AND OTHER AREAS. 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. • Beach Rest Room:/Agreements 2003:/Design-Build 37 26. RELATED CONSTRUCTION AT SITE. - 26.1 City may perform other work at the Project Location by City's own forces, or let other direct contracts therefor or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents then (a) written notice will be given to 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 8 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 theirs. Such contractors and utility owners shall be required to comply with Design/Builder'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 Beach Rest Room:/Agreements 2003:/Design-Build 38 26.4.3 the extent of such authority and responsibilities will be provided. 27. DESIGNBUILDER'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. 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(l) year from the time of Final Completion of the Work or within such longer period of time as may be set forth in the Plans, Specifications, and Addenda or other Contract Documents or as may be required by law; and (c) replace, repair or restore any parts of the Project or associated furniture, fixtures, equipment or other items (whether placed at the Project Location by City or any other party) that are damaged by any such parts of the Work that do not conform to the requirements of this Agreement or are due to defects in the Work. The provisions of this Section 28 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 28, the DesigrvBuilder 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 28 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 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 Beach Rest Room:/Agreements 2003:/Desien-Build 39 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 28, 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. 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 Citv'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. O`VNERSHIP 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 Citv'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 3c:rit Rest Romm,Agreements 2003:/Design-Build 40 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. 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. Bc,ich Rest Room:/Agreements 2003:%Desien-Bui1d 41 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, 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 shall be determined to be illegal, invalid or otherwise unenforceable, the remainder of this Agreement shall not be affected and each remaining provision, term, covenant or condition of the Contract Documents shall be enforced to the fullest extent permitted by law. 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 39.1, 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 Beach Rest Room:/Agreements 2003:/Design-Build 42 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 39.2, City shall notify the ® Design/Builder's surety, and the Design/Builder's surety shall take over and perform this Agreement. The Design/Builder'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 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 Desion/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 39.2, it is determined that the Design/Builder was not in default or that sufficient cause to terminate under Section 39.2 did not exist, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of City under Section 39.1, and that the Design/Builder agreed to City's use of its materials and other property in which case the Bead: Rest RoomJAUreements 2003:/Desi2n-Buiid 43) 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 39 shall be non- exclusive, and shall be in addition to all the other remedies available to City at law or in equity. 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. Beach Rest Room:/Agreements 2003:/Design-Build 44 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, postage pre-paid, to the recipient party. Notice given in any other manner shall be effective only if and when received by the party to be notified. All notices to be given to the parties shall be sent to or made to the addresses shown in Section 50 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 Project site at all times. The Design/Builder shall record all construction and any and all variances to the plans as the Work progresses. These records will be given to the City's Project Representative at the completion of the Work. and properly labeled "Record Drawings". Final submittals of record documents shall include one set of complete reproducible drawings on 3 Mil Mylar, 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 compact disk in a plastic case. 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, asphalt area, parking, drives, curbs, trees and shrubs. Based upon the mean sea level datum, elevations to the 0.01 foot will be shown in sufficient number of points to clearly indicate the scope of parking, sidewalks. floor and other improved areas. A benchmark will be set at the Project Site. The grate and invert Beach Rest Room:/Amements 2003:/Design-Build 15 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, Design/Builder shall replace all permanent corner markers which have been removed. Any existing surveys shall be furnished to the Design/Builder by the City and the final should update and correct the existing surveys, if any, to illustrate the Work's relationships to the previously existing site and its improvements and appurtenances. 43.3 At the completion of the Work, the Design/Builder shall furnish two (2) 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 survev are furnished to the Citv's Proiect 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 warranties are • required by the Contract Documents) from the date of Substantial Completion. Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the 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 it shall remedy any defects due thereto and pay all expenses 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. 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 Beach Rest Room:/Agreements 2003:/Design-Build 46 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. The Design/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, it shall remove from the premises all rubbish, implements, and surplus materials and leave the building(s) broom clean. 48.2 Any salvage resulting from clearing, grubbing, grading, draining, remodeling or altering any existing facilities on the Project site shall be the property of the City; and this material shall be piled or stacked on the site if the City desires this material. If this material is not desired by the City, it shall be disposed of by the 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. 50. ADDRESSES. All invoices, contracts, copies of notices and other correspondence should be addressed to City and the Design/Builder as follows: As to City: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Fax No.: (954) 921-2604 Bead: Rest Room:,Agreements _2003:/Design-Bu11d 47 With a copy to: Thomas J. Ansbro, City Attorney Weiss Serota Helfinan Pastoriza& Guedes, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, Florida 33312 Fax No. (954) 764-7770 As to Design/Builder: As to City's Project Representative: Ken Koch, Building Official City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Fax No. (954) 922-2687 IN WITNESS OF THE FOREGOING, this Agreement is executed and effective as of the date first above set forth. DESIGNBUILDER 9 Bv: Name:' �- Title: Dated: �-3 , 2003 Beech Rest Room:/Agreements 2003:/Design-Build 48 CITY: CITY OF DANIA BEACH, a Florida municipal corporation By: Robert Anton or BY: /Ivany-alotitNanager Dated: 2003 ATTEST: By: Charlene Johnson,°City Clerk APPROVED AS TO FORM AND CORRECTNESS: Bv: Thomas J. Ansbr'&,'City Attorney Bc-,ich Rest Room:"'Agreements 2003:/Desimi-Build 49 • CONTRACT TMES 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 (_) 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 ( days after issuance of such Notice. Final Completion shall occur within (_) calendar days following Substantial Completion. Time is of the essence in the performance of the Construction Work. C. Liquidated Damages. Pursuant to Section 7.6 of the Agreement, if the Design/Builder shall neglect, fail, or refuse to complete the Work by the applicable Substantial Completion Date or the applicable Final Completion Date, subject to any proper extension granted by City, then the Design/Builder agrees to pay to City, or to cause the Design/Builder's surety to pay to City, Liquidated Damages in the amount of (a) Five Hundred and 00/100 Dollars ($500.00) per diem commencing upon the first day following expiration of the Substantial Completion Date and continuing until the actual date of Substantial Completion and (b) Five Hundred and 00/100 Dollars ($500.00) per diem commencing upon the first day following expiration of the Final Completion Date and continuing until the actual date of Final Completion as applicable. EXHIBIT A CHANGE ORDER TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: 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 S 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. CITY OF DANIA BEACH, a Florida municipal corporation By: Ivan Pato, City Manager Bv. Name: Authorized by action of City Title: Commission of the City of Dania Beach on , 200 • EXHIBIT B REQUEST FOR PAYMENT TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: 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 I +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) S. Current Payment Due $ 9. Balance to Finish (Line 1 less Line 4) $ ® EXHIBIT C PAGE 1 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 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. By: Name: Title: EXHIBIT C ® PAGE 2 ® CERTIFICATE OF SUBCONTRACTOR & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this ® document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the Design/Builder for material or labor supplied by, to, for or under the Subcontractor in connection with the Subcontractor's participation in the construction of the Project, the Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens and furnish the City and the Design/Builder a signed instrument fully releasing any such liens. The Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the 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 Subcontractor. I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Subcontractor's obligations in connection with the Project. EXHIBIT D PAGE ® THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Subcontractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of S for labor and materials supplied to or for the Project; and 2. The undersigned Subcontractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document. This instrument has been executed on . 200 . SUBCONTRACTOR: By: Name: Title: STATE OF FLORIDA ) COUNTY OF BROWARD ) This instrument was acknowledged before me on 200_ by who [ ] is personally know to me or [ ] produced as identification. Notary Public: (name typed) My Commission Expires: EXHIBIT D CERTIFICATE OF DESIGNBUILDER & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the 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 fumish the City a signed instrument fully releasing any such liens. The Design/Builder further agrees to frilly 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. EXHIBIT E PAGE 1 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 S 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_. ® DESIGNBUILDER: By: Name: Title: STATE OF FLORIDA ) COUNTY OF BROWARD ) This instrument was acknowledged before me on 200_ by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public: (name typed) My Commission Expires: EXHIBIT E PAGE CERTIFICATE OF DESIGN/BUILDER & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the 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 EXHIBIT F � PAGE 1 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 , 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. Notary Public: (name typed) My Commission Expires: EXHIBIT F 0 PAGE? CERTIFICATE OF SUBCONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this • document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the Design/Builder for material or labor supplied by, to, for or under the Subcontractor in connection with the Subcontractor's participation in the construction of the Project, the Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens and furnish the City and the Design/Builder a signed instrument fully releasing any such liens. The Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the 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 Subcontractor. I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Subcontractor's obligations in connection with the Project. EXHIBIT G PAGE I ® THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Subcontractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of$ for labor and materials supplied to or for the Project; and 2. The undersigned Subcontractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date of this document, it being understood that retainage in the amount of S is being withheld pursuant to the terms of the Agreement. This instrument has been executed on 200 SUBCONTRACTOR: Bv: Name: Title: STATE OF FLORIDA ) COUNTY OF BROWARD ) This instrument was acknowledged before me on 200_ by who [ ] is personally know to me or [ ] produced as identification. Notary Public: (name typed) My Commission Expires: • EXHIBIT G - PAGE 2 ASSIGNMENT TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: 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, Coastal Contracting and Development, Inc., whose mailing address is 807 N. Northlake Drive, Hollywood, Florida 33019 (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. EXHIBIT H PAGE 1 iSubcontractor agrees with the City as follows: That Subcontractor consents to the foregoing assignment and agrees to notify the City in writing at the same time Subcontractor notifies the 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 City notifies the Subcontractor in writing that an event of default by the Design/Builder, or other termination, has occurred under the Agreement, the 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 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 Subcontractor, the Subcontractor will receive any such advances and will hold the same as a trust and for the purpose of paying the costs of the labor performed and equipment and supplies used in connection with the Project, and the Subcontractor will apply the same only to payment of such costs and for no other purpose. That upon the City's request, the Subcontractor shall furnish to the City a current list of all persons or firms with whom the Subcontractor has entered into subcontracts or other agreements relating to the performance of work or furnishing of materials in connection with the Project which have a value of$1,000 or more, together with a statement as to the status of each of such subcontract or agreement and the respective amounts, if any, owed by the Subcontractor. The Design/Builder consents to the furnishing to the City of such list and statement. Subcontractor consents to the City assigning the City's rights under this document to anyone whom the City may choose to complete the Design/Builder's obligations, including without limitation, the Design/Builder's suretv. ® EXHIBIT H PAGE 2 • That the City has no obligation to exercise its rights under this Assignment and furthermore has no obligation to pay Subcontractor unless the City exercises its rights as set forth in this document. That this Assignment does not create third party beneficiary rights under the Agreement in favor of anyone, including Subcontractor. , IN WITNESS OF THE FOREGOING, this instrument shall be effective as of the date of the Subcontract. DESIGNBUILDER: By: Name: Title: Date: STATE OF FLORIDA ) COUNTY OF BROWARD ) This instrument was acknowledged before me on 200_ by who signed it on behalf of the corporation identified above and who [ ] is personally know to me or [ ] produced as identification. Notary Public: (name typed) My Commission Expires: By the signature below of an authorized agent of Subconsultant/Subcontractor, the foregoing Assignment is acceptable. SUBCONSULTANT (OR) SUBCONTRACTOR: By: Name: Title: Date: EXHIBIT H O PAGE PERFORMANCE BOND TO: City of Dania Beach PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: DATE: , 200 STATE OF FLORIDA COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That of the County of Broward, and State of Florida, as Principal, and , authorized, licensed and admitted to do business under the laws of the State of Florida to act as surety on bonds, as Surety, are held and firmly bound to the City of Dania Beach, a Florida municipal corporation (the "City"), as obligee, in the penal sum of Dollars ($ 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 , 2003, for the construction of certain park improvements to Frost and Meli Parks (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 Citv's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: ® EXHIBIT I PAGE 1 (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 , 2003. PRINCIPAL SURETY By: Name: Title: Date: By: Name: Title: Date: EXHIBIT I PAGE 2 LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach - PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: 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 2003, for the demolition of an existing restroom and construction of a new restroom building on Dania Beach (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 EXHIBIT J PAGE 1 Suretv 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 312003. PRINCIPAL SURETY By: Name: Title: Date: By: Name: Title: Date: EXHIBIT J PAGE NOTICE TO PROCEED TO: Coastal Contracting and Development, Inc. From: City of Dania Beach, Florida PROJECT: Restrooms on Dania Beach DESIGN/BUILDER: 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 4 and 6 of the Agreement, the dates of Substantial Completion and completion and readiness for final payment (Final Completion) are , 200_ and , 200 (_/ days respectively). Before you may start any Work at any Site, paragraph 10.2 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) ® EXHIBIT K INSURANCE REQUIREMENTS - UPON EXECUTION OF THIS CONTRACT, FIRM SHALL SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED COVERAGES AND SPECIFICALLY PROVIDING THAT CITY IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF FIRM UNDER THE CONTRACT. The certificates of insurance shall not only name the types of policies provided, but shall also specifically refer to this Agreement. Firm shall not commence work under the Contract until after it has obtained all of the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by the City. Finn shall not permit any Subcontractors to begin work until after similar minimum insurance to cover the Sub-contractors has been obtained and approved. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this agreement, then in that event, Firm shall furnish, at least thirty(30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the ® balance of that period of the contract and extension thereunder is in effect. Finn shall not continue to perform the services required by this agreement unless all required insurance remains in full force and effect. Insurance companies selected must be acceptable to City. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days' advance written notice has been given to the City by certified mail. Firm shall procure and maintain at its own expense and keep in effect during the full term of the contract a policy or policies of insurance which must include the following coverages and minimum limits of liability: INSURANCE REQUIREMENTS Throughout the term of this Contract, Successful Firm and any and all subcontractors or anyone directly or indirectly employed by either of them shall maintain in force at their own expense, insurance as follows: EXHIBIT L PAGE 1 Workers' Compensation Statutory Limits of coverage to apply for all employees in compliance with all applicable State of Florida and federal laws. The policy must include Employers Liability with a limit of$100,000 each accident. General Liability Commercial General Liability insurance with limits not less than $1,000,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for contractual liability, personal injury, broad form property damage, products and completed operations. This policy of insurance shall be written in an "occurrence"based format. Automobile Liability Comprehensive or Business Automobile Liability insurance with limits not less than $500,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverages for owned, hired, and non-owned vehicles, equipment or both as applicable. This policy of insurance shall be written in an "occurrence"based format. Errors and Omissions Liability insurance with minimum coverage limits of $1,000,000 each occurrence. General Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit and provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence limits specified above. Should any required insurance lapse during the Contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this Contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option terminate this Agreement effective on the date of such lapse of insurance. Liability policies shall be endorsed to provide the following: a) Name as additional insured the City of Dania Beach and its Officers, Agents, Employees and Commission Members. EXHIBIT L PAGE2 • b) That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that insurance applies separately to each insured against whom claims are made or suit is brought, but the inclusion of more than one insured shall not operate to increase the insurer's limit of liability. All policies shall be endorsed to provide thirty days prior written notice of cancellation, non-renewal or reduction in coverage or limits to: City of Dania Beach Attn: Risk Manager 100 West Dania Beach Blvd. Dania Beach, Florida 33004 The issuing agency shall include full name, address and telephone number in each insurance certificate issued. Insurance Company and Agent All insurance policies herein required of the Successful Proposer shall be written by a company with an A.M. Best rating of B++ VI or better that is duly authorized and licensed to do business in the State of Florida and shall be • executed by agents thereof that are duly licensed as agents in said state. EXHIBIT L PAGE 3 CITY OF DANIA BEACH, FLORIDA PUBLIC CONSTRUCTION BOND (FRONT PAGE) CONTRACTOR SURETY Name Name Principal Business Address Principal Business Address Telephone Fax Telephone Fax ATTORNEY-IN-FACT OWNER Citv of Dania Beach, Florida ® Name Name 100 West Dania Beach Blvd. Address Dania Beach, FL 33331 Address 954-924-3600 954-921-2604 Telephone Fax Telephone Fax PROJECT (Street Address of project): Project Name Project Number General Description of Project: EXHIBIT M PAGE 1 PUBLIC CONSTRUCTION BOND BY THIS BOND, We as Principal and , a corporation, as Surety, are bound to the City of Dania Beach, Florida, called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 200_, between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(l), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON , 200 (Name of Principal) BY: As Attorney in act (Name of Surety) EXHIBIT M PAGE 2 V\ I )V (of Danua Beach .... ..... Design / Build Restroom Building on Dania each Submitted by: Coastal Contracting and Development, Inc. 8807 N Northlake Drive Hollywood, FL 33022 (954) 920-7444 /(954) 92 7-4480 fax Conimi'M5 wslol P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 • Fax: 954-927-4480 Index City of Dania Beach Restroom Building on Dania ,Beach Section 1 Letter of Interest Section 2 Coastal Contracting and Development, Inc. • Contractor's Qualification Statement • References • • Rating Source Report • Resumes • Financial Statements • Organizational Chart and Similar Projects • Bonding Capacity, License and Insurance Section 3 The Tamara Peacock Company ® Standard Form 254 • Standard Form 255 • License and Insurance Section 4 Bid Proposal and Technical Information • Bid Proposal • Bid Forms o Non-Collusion Affidavit o Public Entity Crimes Form ® Job Specifications ® Subcontractor List • Schedule for Completion 1 U088181 CORIf8clin Dovelopmeni, Inc, P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 • Fax: 954-927-4480 PROPOSAL Coastal Contracting and Development hereby submits our price for the Design / Build of the New Restroom Facility located on the Beach. Base bid based on attached revised breakdown. Base Bid = $173,620.00 (One Hundred Seventy Three Thousand Six Hundred Twenty Dollars) ary J. c ddy,YFes@ t August 14, 2003 Date (SEAL) _ COASTAL CONTRACTING AND DEVELOPMENT, INC. Cost Breakdown 8/15/03 General Conditions &Supervision 12,000 Demolition 3,500 Piling 14" Diameter Auger Cast 5,500 Concrete Work-to include - Grade beams, Reinforced Slab- Columns -Tie Beams 14,500 Concrete Ramps and Walks 2,000 Mason and Fill Cells 9,000 Concrete Roof Deck 10,000 Flat Roof 3,200 Mansard Framing & Sheathing 5,500 Mansard Roofing 5,670 Stucco 4,500 Concrete Louverss 500 • Toilet Partitions 3,750 Toilet Access 3,700 Rollup Doors 3,800 Shutters for Louver Opening 1,800 Epoxy Flooring 4,700 Painting 2,500 Plumbing 28,500 Electric 5,000 Ventilation 1,750 Glass Block— 5 openings (Impact) 4,250 Bond and Special Insurance 4,500 Design Fee 9,500 Subtotal 149,620 Overhead and Profit 24,000 BASE BID 173,620 1 wislol end Developmenl, Inc, P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 o Fax: 954-927-4480 August 13, 2003 City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: Design/ Build for Restrooms on Dania Beach Letter of Interest Coastal Contracting and Development, Inc. is a State Certified Building Contractor, located in Hollywood, Florida, performing general construction work in the State of Florida for the past 11 years. We have a staff of 25 employees and our services are primarily provided to Broward and Palm Beach County agencies and municipalities. Coastal Contracting has an excellent reputation and has a record of completing projects within contract time. We are also an equal opportunity employer with experience in fulfilling required minority participation on city and county project. As part of our team for this project, The Tamara Peacock Company will be providing their services as the architectural firm and engineering associates. Coastal Contracting and Development has previously completed three Broward County park projects with The Tamara Peacock Company. All three projects had community centers in the 5,000 to 6,000 SF range. We are currently working on Patrick J. Meli Aquatic Complex for the City of Dania Beach, in the range of$1.6 Million. Our average yearly sales are $3.5 Million and growing. Between The Tamara Peacock Company and Coastal Contracting and Development, Inc., we offer the City of Dania Beach an organized team that has performed well together. Both of our organizations have performed for the City of Dania Beach and are very comfortable working with the City. Coastal Contracting and Development has also put together a highly qualified group of subcontractors that we have worked with on many projects, and this will assure the City of Dania Beach a smooth, first class, timely completion. We are submitting for your review Coastal Contracting Qualification Statement. This statement includes a listing of work in progress, completed projects, reverences, resumes or key personnel for this project, financial statement, bonding capabilities and licenses. Also, included in our presentation package is The Tamara Peacock Company's qualification statement, Federal Form #254. This statement includes the firm's architectural background including key personnel resumes, licenses, etc. Taking all of the above into consideration, we feel Coastal Contracting and Development and • our team would be the best choice for your project. After your review of our qualification package, we hope that you will select our team to work with you on the Design / Build for Restrooms on Dania Beach. ' O Contractor's Qualification Statement AIA Document A305 T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document A305 co tractor's mualification a"Ratement 1986 EDITION This form is approved and recommended by The American Institute of Architects (AIA)and The Associated General Contractors of America(AGC)for use in evaluat- ing the qualifications of contractors. No endorsement of the submitting party or verification of the information is made by the AIA or AGC. The Undersigned certifies under oath that the information provided herein is true and suffi- ciently complete so as not to be misleading. SUBMITTED TO: CITY OF DANIA BEACH \ ADDRESS: 100 W. Dania Beach Blvd. Dania Beach, FL 33004 SUBMITTED BY: Gary J. McGeddy Corporation NAME: COASTAL CONTRACTING & DEVELOPMENT, INC. Partnership ❑ ADDRESS: 807 N. North Lake Drive Individual ❑ Hollywood, Florida. 33019 PRINCIPAL OFFICE: " " Joint Venture ❑ Other ❑ NAME OF PROJECT (if applicable): TYPE OF WORK (file separate form for each Classification of Work): % General Construction HVAC Plumbing Electrical Other (please specify) Copyright 1964, 1969, 1979, ©1986 by The American Institute of Architects, 1735 New York Avenue, N.W.,Washing- ton,D.C.20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A305-CONTRACTOR'S QUALIFICATION STATEMENT- 1986 EDITION-AIA° - U 19H6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W_NVASHINGTON,D.C.2uoix) A305-1986 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 1. ORGANIZATION 1.1 How many years has your organization been in business as a Contractor? 21 years 1.2 How many years has your organization been in business under its present business name? 10 years 1.2.1 Under what other or former names has your organization operated? R & G Contracting, Inc. 1.3 If your organization is a corporation, answer the following: 1.3.1 Date of incorporation: April, 1993 1.3.2 State of incorporation: Florida 1.3.3 President's name: Gary J. McGeddy 1.3.4 Vice-president's name(s): Dawn McGeddy 1.3.5 Secretary's name: Gary J. McGeddy 1.3.6 Treasurer's name: N/A 1.4 If your organization is a partnership, answer the following: IA.I Date of organization: N/A 1.4.2 Type of partnership (if applicable): 1.4.3 Name(s) of general partner(s): 1.5 If your organization is individually owned, answer the following: 1.5.1 Date of organization: N/A 1.5.2 Name of owner: AIA DOCUMENT A305-CONTRACTOR'S QUALIFICATION STATEMENT- 1986 EDITION-AIAv - ©1986 A305-1986 2 TIIE AMERICAN INSTITI:TE OF ARCHITECTS, 1735 NEW YORK AVEN U E,N.W.,WASIIINGTON, D.C.20000 1.6 If the form of your organization is other than those listed above, describe it and name the principals: N/A 2. LICENSING 2.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. State of Florida Certified Building Contractor #CBC053647 Broward County Florida A/C #180-0002401 City of Boca Raton, Florida #03-86431 City of Hollywood Occupational #03-32327 22 List jurisdictions in which your organization's partnership or trade name is filed. State of Florida 3. EXPERIENCE 3.1 List the categories of work that your organization normally performs with its own forces. Supervision Concrete Work Drywall and Framing Carpentry Millwork/Cabinetry 3.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 32.1 Has your organization ever failed to complete any work awarded to it? No. 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construc- tion contracts within the last five years? No , 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract?(If the answer is yes, please attach details.) No AIA DOCUMENT A305•CONTRACTOR'S QIIALIFICATION STATEMENT• 19H6 EDITION•AIAs' • Ci I,)HG TIIF.AMERICAN INSTITUTF OF ARCI11'I'F:(:'i'S, 1735 NEW YORK AVENIIE, NX., WASH INGTON,D.C. 20006 A305-1986 3 3.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect, contract amount, percent complete and scheduled completion date. 3.4.1 State total worth of work in progress and under contract: $1,357,886.00 3.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project,owner, architect,contract amount,date of completion and percentage of the cost of the work performed with your own forces. 3.5.1 State average annual amount of construction work performed during the past five years: $3,250,000.00 3.6 On a separate sheet, list the construction experience and present commitments of the key individ- uals of your organization. 4. REFERENCES 4.1 Trade References: Online Electrical Service, 1401 NW 14 Tr. ,Pembroke Pines, FL 33024 T & D Air Conditioning, P.O. Box 905, Dania, FL 33004 Sound Acoustics, Inc. , 7836 Sunflower Dr. , Margate, FL 33063 Atlas Plumbing of Hollywood, 1504 N. Dixie Hwy. , Hollywood; FL 33020 Sheridan Lumber Co. , 2044 Sheridan St. , Hollywood, FL 33020 CSR Rinker, 1150 NW 24 St. , Pompano Beach, FL 33064 G.Proulx, Inc. , 3275 SW 42nd St. , Ft. Lauderdale, FL 33312 4.2 Bank References: Bank of America 954-921-3859 1900 Tyler St. Hollywood, FL 33020 4.3 Surety: 4.3.1 Name of bonding company: United States Fidelity and Guaranty 600 N. Westshore Blvd. #400 Tampa, F1. 33609 800-282 8994 address 4.3.2 Name and address of agent: Brown & Brown 5900 N. Andrews Av. #900: Ft. Lauderdale, FL 33310 Attn: Jerry Arch AIA DOCUMENT A305•CONTRACTOR'S QUALIFICATION STATEMENT• 1986 EDITION•AIA° • ©19H6 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE,N.W.,\VASHINGTON,D.C.20006 A305-1 986 4 Coastal Contracting and Development, Inc. 3.4 PROJECTS IN PROGRESS Project: Patrick J. Meh Aquatic Complex Owner/Contract: City of Dania Beach Joe Cangialosi 954-593-3856 Architect: The Tamara Peacock Company Contract Amount: $1,167,000 Percent Completed: 40 % Scheduled Completion Date: October, 2003 Project: Spectacles Owner/Contract: Dr. Dan Llewellyn Dan Llewellyn 954-452-9914 Architect: Greg Nicolay Contract Amount: $190,886 Percent Completed: 64 % Scheduled Completion Date: July, 2003 Coastal Contracting and Development, Inc. 3.5 COMPLETED PROJECTS Project: Island City Park Preserve Owner/Contact: City of Wilton Manors Richard Rothe 954-390-2133 Architect: The Tamara Peacock Co. Contract Amount: $1,650,000 Completion Date: May, 2003 % Own: 80% Project: Public Works Water Treatment Building Owner/Contract: City of Pompano Beach Clayton Young 954-78.6-4029 Architect: Robert Walters Architects Contract Amount: $670,535 Completion Date: April, 2003 % Own: 60% Project: Willie Webb Senior Park Owner/Contract: City of Lauderdale Lakes Joe Scalzo 954-535-2744 Architect: None Contract Amount: $100,000 Completion Date: March, 2003 % Own: 80% Project: Oriole Elementary School Owner/Contract: City of Lauderdale Lakes Joe Scalzo 954-535-2744 Architect: None Contract Amount: $140,000 Completion Date: March, 2003 % Own: 80% Project: Frost Park Improvements Owner/Contact: City of Dania Beach Kristen Jones 954-924-3730 Architect: Joe Cangialosi Contract Amount: $300,000 Completion Date: February, 2003 % Own Force: 50% Project: Coversion of Multi-Family Residential Bldg. to Office/Community Building Ken Koch 954-924-3650 Owner/Contact: City of Dania Beach -itArchitect: Gene H. Bieber Contract Amount: $340,500 Completion Date: February, 2003 % Own Force: 65% i *Project: Multi-Purpose Room Renovations Owner/Contact: City of Lauderdale Lakes Neil Appel 954-535-2743 Architect: None Contract Amount: $101,250 Completion Date: November, 2002 % Own Force: 75% Project: Police Neighborhood Network Center Owner/Contact: City of Hollywood Steve Groh 954-921-3900 Architect: City of Hollywood Dept. of Design& Construction Contract Amount: $244,575 Completion Date: October, 2002 % Own Force: 65% Project: West Ken Lark Park Community Center Owner/Contact: Broward County Parks and Recreation Richard Voss 954-577-4633 Architect: The Tamara Peacock Co. Contract Amount: $362,892 Completion Date: June, 2002 % Own Force: 65% Project: St. George Park Community Center Owner/Contact: Broward County Parks and Recreation Richard Voss 954-577-4633 Architect: The Tamara Peacock Co. Contract Amount: $418,647 Completion Date: June, 2002 % Own Force: 65% Project: Various Small Commercial Projects Contract Amount: $325,000 Completion Date: June thru December, 2001 Project: Fire Station Remedial Work Owner/Contact: City of Fort Lauderdale Alex Rio 954-828-5389 Architect: Carr Smith Corradino Contract Amount: $929,449 Completion Date: August, 2001 % Own Force: 75% Project: Lifeguard Stand Replacements Owner/Contact: City of Boca Raton Michael Fichera 561-416-3413 Architect: City of Boca Raton Contract Amount: $170,500 Completion Date: April, 2001 % Own Force: 80% Project: Gazebo at Doris Davis Forman Wilderness Preserve Owner/Contact: City of Parkland, Florida Brian Archer 954-753-5447 Architect: Contract Amount: $48,748 Completion Date: February, 2001 % Own Force: 90% Project: Warehouse Expansion Owner/Contact: City of Hallandale Jim Ferguson 954-457-1629 Architect: Contract Amount: $99,064 Completion Date: February, 2001 % Own Force: 50% Project: Voyager Condominium,Pompano Beach Owner/ Contact: Voyager Condominium Association Milton Goodman 954-781- 8551 Project: Twenty First Century Engineering Contract Amount: $152,195 Completion Date: January, 2001 % Own Force: 75% Renovations and Cabinet Projects Project: Masc. Home lte r' ' Jecyts Contract Amount: $301,757 Completion Date: July thru December, 2000 Project: Hollywood Underground Utilities Bldg. Project 97-1091 Owner/Contact: City of Hollywood Hubert Barnes 954-921-3930 Architect: Jeffery Gross& Associates Contract Amount: $656,882 Completion Date: October, 2000 Project: Misc. Home Renovation and Cabinetry Projects Contract Amount: $263,000 Completion Date: January thru June, 200 Project: Bass Park's DeGraflfenreidt Center Owner/Contact: City of Fort Lauderdale Alex Rio 954-761-5389 Architect: City of Fort Lauderdale Contract Amount: $383,530 Completion Date: June, 2000 Project: Hollywood Central Performing Arts Center Owner/Contact: City of Hollywood Steve Joseph 954-921-3900 Architect: Scharf& Associates Contract Amount: $513,123 Completion Date: May, 2000 % Own Force: 60% Project: Athlete's Foot Store Owner/Contact: Harold Sports, Inc. Reginald Wellman 305-598- Architect: Palenzuela&Hevia Design 5720 Contract Amount: $94,385 Completion Date: May, 2000 0 % Own Force: 75% Project: Lifeguard lowers Owner/Contact: City of Boca Raton Mike Fichera 561-416-3413 Architect: Robert Currie Partnership Contract Amount: $91,500 Completion Date: April, 2000 % Own Force: 80% Project: Brite Smile Stores Steve Boyer 626-397-2700 Owner/Contact: McClennan Hunter Contract Amount: $65,450 Completion Date: February, 2000 % Own Force: 100% Project: Misc. Renovations and Cabinetry Work Contract Amount: $412,000 Completion Date: throughout 1999 Project: Small Residence Renovation /Addition Owner/Contact: Robert and Susan Small Robert Small 954-923-0124 Architect: Dan Brablec Architects Contract Amount: $80,811 Completion Date: December, 1999 % Own Force: 85% Project: City Hall Office Renovation Owner/Contact: City of Dania Beach Ken Koch 954-924-3650 Architect: None Contract Amount: $23,000 Completion Date: November, 1999 % Own Force: 90% Project: Rarbourage Place Owner/Contact: Qualex Consulting Group Harry Greenwald 813-881- Architect: None 1162 Contract Amount: $61,144 Completion Date: September, 1999 % Own Force: 100% Project: Salon Miko Owner/Contact: Jiin-Fong Liou Jiin-Fong Liou 954-753-4404 Architect: Dan Brablec Architects i Contract Amount: $110,000 Completion Date: June, 1999 % Own Force: 85% Project: Fire Station No. 1 Owner/Contact: City of Dania Chief M. Cassano 954-924- Architect: Manuel Synalovski Architects 3710 Contract Amount: $678,000 Completion Date: May, 1999 % Own Force: 65% Project: Collins Community Center Owner/Contact: City of Oakland Park Mr. Al Barrett 954-561-6271 Architect: Robert Walters Architects Contract Amount: $283,187 Completion Date: March, 1999 % Own Force: 70% Project: Lifeguard Stand Replacements Owner/Contact: City of Boca Raton, FL Michael Fichera 561-416-3413 Architect: Robert Currie Partnership Contract Amount: $154,500 Completion Date: March, 1999 % Own Force: 85% 5. FINANCING 5.1 Financial Statement. 5.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities(e.g.,accounts payable, notes payable,accrued expenses,pro- vision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 5.1.2 Name and address of firm preparing attached financial statement, and date thereof: Millward & Company, CPA 2745 W. Cypress Creek Rd. , Ft. Lauderdale, FL 33309-1757 5.1.3 Is the attached financial statement for the identical organization named on page one? Yes 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for con- struction? Yes AIA DOCUMENT A305•CONTRACTOR'S QUALIFICATION STATEA1EN"r• 1986 17DITION•AIA" • Q IVH6 THE AA1ER1(:AN INSTITUTE OF ARCHITECTS, 1-39 NEW YO.RK AVENVE.,N.V..,WASHINGTON, DA: 20000 A305-1986 5 6. SIGNATURE 6.1 Dated at Hollywood,FL this .•Fif th day of June 2003 Name Or i Co Contracting and Development, Inc. By: c Title: esident 6.2 Mr. Gary J. McGeddy, President being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn before me this -fifth day of June 2003 Notary Public:qz& ^� Jennifer Howe Toolan My Commission Expires: March 25, 2005 1fi: JENNIFER HONE TOOLAN MY COMMISSION#CC 984151 A EXPIRES:March 25 2005 pf itQ` Bonded ihni Notary Pubk Underwriters Iep CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A305-CONTRACTOR'S QUALIFICATION STATEMENT• 1986 EDITION-AIA& • ©1986 THE AAIERICAN INSTITI'TF OF ARCHITECTS, 1735 NEW YORK AVENUE,NAV.,WASHINGI'ON,D.C.20006 A305-1986 6 References List of Public Projects Letters of Reference COASTAL. CONTRACTING & DEVELOPMENT, INC. 00 References for Public Projects 1) City of Dania Beach Building Official Ken Koch 954-924-3650 Director of Parks & Rec. Kristen Jones 954-924-3730 Consulting Engineer Joe Cangialosi 954-593-3856 2) City of Hollywood Public Utilities Herbert Barnes 954-921-3930 Capital Improvement Steve Groh 954-921-3100 3) City of Pompano Beach Engineering Dept. Clayton Young 954-786-4029 4) City of Lauderdale Lakes Project Manager Joe Scalzo 954-535-2744 Director of Capital Lai Schafu Improvements 5) City of Wilton Manors Director of Parks & Rec. Richard Rothe 954-390-2133 6) City of Boca Raton Capital Improvements Jeff Borac or 561-416-3413 Mike Fichera 7) City of Fort Lauderdale Engineering Dept. Alex Rio or 954-828-5389. Allen Gavazzi cL.,. ®° City of Dania Beach Fire-Rescue Office of the Fire Chief 102 West Dania Beach Blvd. Dania Beach, Florida 33004 Phone: (954) 921-8700 ext 307 Fax: (954) 921.0959 September 20, 1999 TO WHOM IT MAY CONCERN: Please be informed that Coastal Contracting was retained d byr the city renovations of and Beach to oversee a major construction Fire-Rescue ect Stationtl 19located at 116 West Dania addition to City of Dania Bea Beach Boulevard, Dania Beach, Florida. Coastal took complete responsibility for every aspect of this project. Their subcontractors did excellent work as did their own personnel. If a problem was mediately addressed and promptly n con orm ng with During course encountered, it was ima certain of construction the City experienced some difficulty features in the architectural plans. In working with h the ome the d ffieulty representative was quick to make suggestions as to howt ove exhibiting not only his expertise but a willingness to work closely with all involved in this undertaking. Througho ut the duration of this project, Coastal Contracting was always accessible; attended attended all construction meetings; never failed to timely address a problem no matter how small; and completed the job ahead of schedule. in Working with this company on our Station 1 project was a positive Con experience ng to every way and I have no reservations mending Coastal anyone looking for a reliable top-of-the line contractor. Y If you need an further information relating to the above, please do not hesitate to contact me at (954)921-8700 ext. 205. Very truly your Battalion Chief Michael Cassano Construction Coordinator MC:clb n1 Alf—t n";a Reach Rmilevard Dania Beach,FL 33004-Phone: (954)921-8700 Ext 205 • Fax: (954)921-0959 feinber9 & associates aia, architects, p.a. AR-0005715 AA-0000496 . 9161 Caribbean Boulevard, Miami, Florida, 33157 tel: (305)-233-2320 fax: (305)-233-2560 beeper: (305)-410-5233 e-mail: k4idn@aol.com February 1, 1998 To whom it may concern, It is with a great deal of pleasure that I write his letter of recommendation on behalf of Coastal Contracting and Development, Inc. I have known Mr. Gary McGeddy, President of Coastal, since 1992, when he won the bid on a nightclub project I had designed. His excellent managment of that project and the fine relationship that he built with the clients and myself has carried over until the present. He did a craftsmanship job with the club, and I began to recommend him to other critical clients. Since then, he has built a series of projects for my clients that range from a small community park shelter, residential remodeling and additions, commercial remodeling and additions with the integration of a new elevator into an existing structure, a series of retail stores, and most recently he completed a 6,500 sf. build-out of a specialty office space. Mr. McGeddy's attention to quality construction, details and techniques as well as always performing on time and within the budget has earned him the highest esteem from my office, and my clients. On numerous occasions it was his suggestion of how best to execute a detail that enhanced the design objective. His technical knowledge, coupled with a congenial personality has led to a successful General Contracting practice. It is an unique experience to work with such a quality general contractor in a Team atmosphere. I will continue to recommend Coastal Contacting and Development, Inc. to my clients and other entities in need of such dedicated services. ours truly, 'n er David Je e �:Asso IA Preside i - ALA Architects, PA cc: Gary'McGeddy, President c:1wp511f&afilestcoastal.ltr 0N MANo WILTON MANORS *7d d &r 524 NORTHEAST 21 ST COURT,WILTON MANORS, FLORIDA 33305 PARK RECREATION DEPARTMENT S & 's/and C*X" Parks(954)390-2115 Recreation(954)390-2130 FAX(954)390-2117 FAX(954)390-2138 July 18, 2003 To Whom It May Concern: This letter is written to express my complete satisfaction with Gary McGeddy and Coastal Contracting and Development, Inc. Mr. McGeddy and his company are currently building a park for the City of Wilton Manors. I have been directly involved with Gary and his employees throughout this entire project. He and his company are exemplary and their schedules, performance and work ethics must be commended. This project is due to complete this month. The park includes a large community center with offices, boardwalk and decks, a multi-purpose court, a boat house, parking lots and landscaping with irrigation. The working relationship between Gary McGeddy, Bill McGeddy and the City of Wilton Manors has been excellent. Many times Gary and Bill have gone above and beyond the call of duty to make sure that the job was not just"done", but"done right". I look forward to continuing my relationship with Mr. McGeddy and his company and hope that we have the chance to work together in the future. Sincerely, Richard W. Rothe Parks and Recreation Director RWR/jk i Rating Analysis Provided by Rating Source Rating Source, an independent firm providing and analysis on Coastal Contracting & Development, Inc., Contacting clients on pas projects, rating our performance 0 0 N co a Q � � U g O O crs C OCIS . b ¢ A z ° ° a oo En 00 b (L) co cn ... C; bA ' ca cad O C/) 1CJ PLO (� p 0 co °' o o aw � Q � wawv� z3 a� _= z' > o A A o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f b a m o 0 0 0 0 Cd ': N N N N N \D I'D 110 110 I'D •w � .-•� .•� � .-� �--� N N N N N p U � O cc cz Cd O 40 [— l— oo r-+ C* a O � � A 04 04 w n O cccz N is bi vO�i cUC O Q (� p O 19 O' O U y L7 i+ bA &. CC m O� O co '— _� x a «^. co u w. - O s, V OI pl O O cC O O O U V) wx - p O q O O CZ Oi O OI W O O� U on ?l •. cc w O � Y �� co =1 ca c% UU; CA UI5U; �� UilUI3 Rating List Page 1 of 2 x ..: Rating Survey Detail Rating Company: Boca Raton .Housing Authority Rated Company: Coastal Contracting and Development, Inc. Project: Dixie Manor Apts/Boca Island East Apts. Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 10 2. Meeting The Program Schedule 10 4. Commitment To Do Whatever It Takes 10 5. Good And Timely Decision Making Capability 10 6. Finished Project Quality 10 7. Value Engineering Process Results 10 S. Expediting System 10 9. Zero Defect/Quality Program 10 10. Staffed With Capable Skilled Personnel 10 11. Skilled Field Supervisors 10 12. Computer Skills (CAD/Communication) N/A 13. Coordinating Team Members 10 14. Ability To Listen/Communication Skill 10 15. Owner Training Process - Thorough ness/Timeli ness N/A 16. Construction Site Cleanliness/Orderliness 10 17. Pre-Construction Cost Estimating 10 18. Pre-Construction Management Control System N/A 19. Pre-Construction Scheduling 10 20. Project Cost System N/A http://www.ratingsource.com/Ratings/rptRatDt].asp 12/7/00 Rating List Page 2 of 2 21. Safety Program And Record 10 22. Claims - Reasonableness And Timeliness 10 23. Close Out Process 10 24. Follow-Up After Completion N/A Comments: Excellent and timely work Strengths: Extremely professioal approach to all aspects of job including paperwork required for HUD work. http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 1 of 2 r _ _. .... . ....:. ource ... ....... Rating Survey Detail Rating Company: City of Hollywood Rated Company: Coastal Contracting and Development, Inc. Project: Underground Utilities Building Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 9 2. Meeting The Program Schedule 9 3. Value For Dollars Spent 9 4. Commitment To Do Whatever It Takes 10 5. Good And Timely Decision Making Capability 9 6. Finished Project Quality 9 7. Value Engineering Process Results 9 8. Expediting System 8 9. Zero Defect/Quality Program 9 10. Staffed With Capable Skilled Personnel 10 11. Skilled Field Supervisors 10 12. Computer Skills (CAD/Communication) 6 Comment: Difficult to assess. not much computer input in project 13. Coordinating Team Members 10 14. Ability To Listen/Communication Skill 10 16. Construction Site Cleanliness/Orderliness 9 17. Pre-Construction Cost Estimating 10 Comment: Contractor stuck by prices quoted in bid documents 18. Pre-Construction Management Control System 9 htip://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 2 of 2 Comment: Contractor stayed ontop of the project. 19. Pre-Construction Scheduling 8 Comment: Schedule was complete but not in the format demanded by contract document 20. Project Cost System 10 21. Safety Program And Record 10 22. Claims - Reasonableness And Timeliness 10 23. Close Out Process 7 Comment: Time consuming but mainly because of recalcitrance of other agencies involved Comments: The contractor conducted himself well during the execution of the project. He attended all scheduled progress meetings and was always prepared for the discussions that arise during the meetings on matters relating to. Strengths: His willingness to be on-site and to take personal control of, and the responsibility for the events occurring on the job site. http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 1 of 2 Y Rating Survey Detail Rating Company: City of Fort Lauderdale Rated Company: Coastal Contracting and Development, Inc. Project: Fire Station Remedial Work Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas i Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 8 2. Meeting The Program Schedule 9 3. Value For Dollars Spent 8 4. Commitment To Do Whatever It Takes 9 Comment: They want to keep the project going, and are always willing to resolve issues quickly without wasting time waiting for answers. 5. Good And Timely Decision Making Capability 8 6. Finished Project Quality 9 7. Value Engineering Process Results N/A Comment: none done 8. Expediting System 9 9. Zero Defect/Quality Program 9 10. Staffed With Capable Skilled Personnel 8 11. Skilled Field Supervisors 9 12. Computer Skills (CAD/Communication) N/A 13. Coordinating Team Members 9 14. Ability To Listen/Communication Skill 9 15. Owner Training Process - Thoroughness/Timeliness 8 16. Construction Site Cleanliness/Orderliness 8 17. Pre-Construction Cost Estimating 8 http://www.ratingsource.com/P,atings/rptRatDtl.asp 12/7/00 Rating List Page 2 of 2 18. Pre-Construction Management Control System 8 19. Pre-Construction Scheduling 9 20. Project Cost System 8 21. Safety Program And Record 8 22. Claims - Reasonableness And Timeliness 8 23. Close Out Process 8 24. Follow-Up After Completion 8 Comments: Project is still under construction, and although we are encountering existing conditions that tend to generate "request for information" and "change orders", the project is moving along as scheduled. Strengths: Responsiveness, they are always available and willing to resolve issues quickly. http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 1 of 2 y_ a Rating Survey Detail Rating Company: WAC of South Florida Rated Company: Coastal Contracting and Development., Inc. Project: WAC of South Florida Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories ' 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 10 2. Meeting The Program Schedule 10 3. Value For Dollars Spent 10 4. Commitment To Do Whatever It Takes 10 5. Good And Timely Decision Making Capability 10 6. Finished Project Quality 10 7. Value Engineering Process Results 10 8. Expediting System 10 9. Zero Defect/Quality Program 10 10. Staffed With Capable Skilled Personnel 10 11. Skilled Field Supervisors 10 12. Computer Skills (CAD/Communication) N/A 13. Coordinating Team Members 10 14. Ability To Listen/Communication Skill 10 15. Owner Training Process - Thoroughness/Timeliness 10 16. Construction Site Cleanliness/Orderliness 10 17. Pre-Construction Cost Estimating 10 18. Pre-Construction Management Control System 10 19. Pre-Construction Scheduling 10 http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 2 of 2 20. Project Cost System 10 21. Safety Program And Record 10 22. Claims - Reasonableness And Timeliness N/A 23. Close Out Process 10 24. Follow-Up After Completion 10 Comments: A good company to work with. Strengths: Total project was done on time, on schedule and on budget. http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 1 of 2 . } Raton Surveil Detail Rating Company: City of Deerfield Beach Rated Company: Coastal Contracting and Development, Inc. Project: North Beach Pavilion Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 9 2. Meeting The Program Schedule 8 3. Value For Dollars Spent 10 4. Commitment To Do Whatever It Takes 9 5. Good And Timely Decision Making Capability 8 6. Finished Project Quality 8 7. Value Engineering Process Results 7 S. Expediting System 8 9. Zero Defect/Quality Program 9 10. Staffed With Capable Skilled Personnel 6 11. Skilled Field Supervisors 7 12. Computer Skills (CAD/Communication) N/A 13. Coordinating Team Members 7 14. Ability To Listen/Communication Skill 10 15. Owner Training Process - Thoroughness/Timeliness 9 • 16. Construction Site Cleanliness/Orderliness 8 17. Pre-Construction Cost Estimating N/A 18. Pre-Construction Management Control System N/A 19. Pre-Construction Scheduling 7 http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 2 of 2 20. Project Cost System 9 21. Safety Program And Record 9 22. Claims - Reasonableness And Timeliness N/A 23. Close Out Process 9 24. Follow-Up After Completion 8 Comments: Would use Coastal Contracting again.. Strengths: The owner and his knowledge of the business. i } http://www.ratingsource.com/Ratings/rptRatDti.asp 12/7/00 Rating List Page 1 of 2 Kan" Rating .Survey Detail Rating Company: City of Sunny Isles Beach Rated Company: Coastal Contracting and Development, Inc. Project: Sunny Isles Police Station Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 8 2. Meeting The Program Schedule 8 3. Value For Dollars Spent 8 4. Commitment To Do Whatever It Takes 8 5. Good And Timely Decision Making Capability 8 6. Finished Project Quality 8 7. Value Engineering Process Results 7 S. Expediting System 7 9. Zero Defect/Quality Program 7 10. Staffed With Capable Skilled Personnel 7 11. Skilled Field Supervisors 7 12. Computer Skills (CAD/Communication) 7 13. Coordinating Team Members 7 14. Ability To Listen/Communication Skill 7 15. Owner Training Process - Thoroughness/Timeliness 7 16. Construction Site Cleanliness/Orderliness 7 17. Pre-Construction Cost Estimating 8 18. Pre-Construction Management Control System 8 19. Pre-Construction Scheduling 8 http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 2 of 2 20. Project Cost System 8 21. Safety Program And Record 8 22. Claims - Reasonableness And Timeliness 8 23. Close Out Process 8 24. Follow-Up After Completion 8 Comments: Job promised and performed has been suitable to our needs as described by us back in early 1998. Met the requisites given. i �l hnp://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 1 of 2 _. .• .... ziource Rating Survey Detail Rating Company: State of Florida DEP Bureau of Design/Recreation Rated Company: Coastal Contracting and Development, Inc. Project: Picnic Shelter Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area ® 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 6 Comment: Used low bid. 2. Meeting The Program Schedule 8 3. Value For Dollars Spent 7 Comment: Used low bid. 4. Commitment To Do Whatever It Takes 7 5. Good And Timely Decision Making Capability 7 6. Finished Project Quality 7 7. Value Engineering Process Results 7 8. Expediting System 8 9. Zero Defect/Quality Program 7 10. Staffed With Capable Skilled Personnel 6 Comment: Need more qualified people. 11. Skilled Field Supervisors 7 12. Computer Skills (CAD/Communication) 7 13. Coordinating Team Members 7 14. Ability To Listen/Communication Skill 7 15. Owner Training Process - Thoroughness/Timeliness 7 16. Construction Site Cleanliness/Orderliness 8 http-Hwww.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 2 of 2 17. Pre-Construction Cost Estimating N/A Comment: Used bid process. 18. Pre-Construction Management Control System 7 19. Pre-Construction Scheduling 7 20. Project Cost System 21. Safety Program And Record 7 22. Claims - Reasonableness And Timeliness N/A 23. Close Out Process 7 24. Follow-Up After Completion 7 Comments: Strengths: Completed project on schedule. i http://www,ratingsource.com/Ratings/rptRatDti.asp 12/7/00 Rating List Page 1 of 2 NEWEREIM Of Rating Survey Detail Rating Company: City of Boca Raton Rated Company: Coastal Contracting and Development, Inc. Project: Life Guard Towers Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area ® 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget N/A 2. Meeting The Program Schedule 7 Comment: Punch list. 3. Value For Dollars Spent 8 4. Commitment To Do Whatever It Takes 7 Comment: Needs better supervisors. 5. Good And Timely Decision Making Capability N/A 6. Finished Project Quality 8 7. Value Engineering Process Results N/A 8. Expediting System 7 9. Zero Defect/Quality Program 7 10. Staffed With Capable Skilled Personnel 7 11. Skilled Field Supervisors 5 Comment: They were only there one half the time. 12. Computer Skills (CAD/Communication) N/A 13. Coordinating Team Members 7 14. Ability To Listen/Communication Skill 8 15. Owner Training Process - Thoroughness/Timeliness N/A 16. Construction Site Cleanliness/Orderliness 6 http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 2 of ) 17. Pre-Construction Cost Estimating N/A 18. Pre-Construction Management Control System N/A 19. Pre-Construction Scheduling N/A 20. Project Cost System N/A 21. Safety Program And Record 8 22. Claims Reasonableness And Timeliness 10 23. Close Out Process 6 24. Follow-Up After Completion N/A Comments: Strengths: Scheduling was very good. Procurment and ordering materials was good. They were well prepared for work. i http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page I of 2 Katin, ource Rating Survey Detail Rating Company: City of Dania Beach Fire Rescue Rated Company: Coastal Contracting and Development, Inc. Project: Fire Station No.1 Rating Values 10 Exceeded our highest expectations/an extraordinary performance 9 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 10 2. Meeting The Program Schedule 10 3. Value for Dollars Spent 10 4. Commitment To Do Whatever It Takes 10 5. Good And Timely Decision Making Capability 10 6. Finished Project Quality 10 Comment: Workmanship,quality,commitment,subcontractors were way above expectations! 7. Value Engineering Process Results 10 8. Expediting System 10 9. Zero Defect/Quality Program 10 10. Staffed With Capable Skilled Personnel 10 11. Skilled Field Supervisors 10 13. Coordinating Team Members 10 14. Ability To Listen/Communication Skill 10 Comment: Very personable, took ownership of all issues to see that real solutions were realized in the overall project. 15, Owner Training Process - Thoroughness/Timeliness 10 16. Construction Site Cleanliness/Orderliness 10 Comment: The company took care of the job site as if it was their own http://www.ratingsource.com/Ratings/rptRatDtl.asp l 2/7/00 Rating List Page 2 of 2 17. Pre-Construction Cost Estimating 10 0: 18. Pre-Construction Management Control System 10 Comment: thoughtful meetings this company brings great insite to the pre-construction meetings and workshops 19. Pre-Construction Scheduling 10 Comment: on time 20. Project Cost System 10 21. Safety Program And Record 10 Comment: job site clean, orderly, safe at all times company used highly professional subcontractors 22. Claims - Reasonableness And Timeliness 10 23. Close Out Process 10 Comment: expediant resolution to all punch list issues 24. Follow-Up After Completion 10 Comments: To whom it may concern, The project that Coastal worked on for us was my first exposure to commercial building. The help and commitment that this company used in formulating a building plan and the process used by this company and it's subcontractors to execute that plan was remarkable. They made me look like an experienced project manager, which I was not. The effort put forth made the difference. All I can say is they were GREAT!! Battalion Chief, Michael Cassano Strengths: Ownership involvement in all aspects of construction process, excellent subcontractors,professionalism,caring attitude Weaknesses: I can't find one, but his wife may say his home life because this guy works like a dog for the client, we felt blessed to have him http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List rage t of ............M fin OU's Rating Survey Detail Rating Company: City of Fort Lauderdale Rated Company: Coastal Contracting and Development, Inc. Project: Bass Park's ®eGraffenreidt Center Rating Values 10 Exceeded our highest expectations/an extraordinary performance 4 Excellent . Truly superior in every category 8 Very Good . Better than most 7 Good . A solid performance 6 Acceptable performance 5 Acceptable . Some minor complaints 4 Barely acceptable . At least one major complaint in a key area 3 Poor . Many complaints in many areas or categories 2 Very Poor Performance . Many problems and mistakes in key areas 1 Worst . The worst we have ever worked with Question Rating 1. Meeting The Project Budget 8 2. Meeting The Program Schedule 8 3. Value For Dollars Spent 8 4. Commitment To Do Whatever It Takes 9 5. Good And Timely Decision Making Capability 8 6. Finished Project Quality 8 7. Value Engineering Process Results N/A S. Expediting System 8 9. Zero Defect/Quality Program 8 10. Staffed With Capable Skilled Personnel 9 11. Skilled Field Supervisors 9 12. Computer Skills (CAD/Communication) N/A 13. Coordinating Team Members 9 14. Ability To Listen/Communication Skill 8 15. Owner Training Process - Thoroughness/Timeliness 8 16. Construction Site Cleanliness/Orderliness 9 17. Pre-Construction Cost Estimating 8 18. Pre-Construction Management Control System 8 19. Pre-Construction Scheduling 9 http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Rating List Page 2 of 2 20. Project Cost System 8 21. Safety Program And Record 8 22. Claims - Reasonableness And Timeliness N/A 23. Close Out Process 8 24. Follow-Up After Completion 8 Comments: project went well, and the new center is well liked and used by the community. Strengths: their responsiveness. Always available and willing to help out. They try to resolve their issues quickly and are willing to come up with solutions without waiting for answers when possible. i http://www.ratingsource.com/Ratings/rptRatDtl.asp 12/7/00 Resumes Gary J. McGeddy William C. McGeddy GARS' J. MCGEDDY - RESUME PERSONAL DATA: Born March 22, 1946. Married and in excellent health. EDUCATION: 1964 High School Graduate,Massanutten Military Academy Woodstock, Virginia Honor Roll-Rank of Captain 1965-1969 United Brotherhood of Carpenters Apprentice School for trade knowledge, blueprint reading and estimation. Graduated #One in class. 1969. Won the carpentry contest for th� State of New Jersey. All local unions participated throughout the State of New Jersey. 1970 Competed in International Competition in Carpentry including formwork in Denver, Colorado. Placed 5th. BUSINESS EXPERIENCE: 1965-1968 Walter Hurley Construction Co. and Hall Construction Co. Performed all phases of carpentry and concrete formwork. 1968-1971 Sea Coast Builders, Red Bank,NJ. Carpenter Foreman and Assistant Superintendent. All phases of construction. 1971-1981 International Masonry, Inc. (50% Stockholder) - performed all management positions including estimating and project management. Monmouth County Shopping Center,NJ. conversion from Montgomery Wards to Alexanders, G.C. Desiel Construction, NYC. We contracted all concrete, masonry and site work. McDonalds Restaurant, Ocean Township,NJ. Project Manager, First Florida Building Corp., Miami, FL. We completed entire project except Mechanicals. Holmdel Park Shelter Building and Recreation Facility, Owner Monmouth County Board of Freeholders. We were the General Contractors. Marlboro Township Library, Owner-Marlboro Township, NJ. Architect-Boyken,Fosler& Cook, Holmdel,NJ. Dover Sewage Authority Administrative Building and Maintenance Facility. Owner-Dover Sewage Authority, NJ. Woodrow Wilson School Addition,Neptune,NJ. Owner- Board of Education. Architect-Boyken, Fosler& Cook, Holmdel,NJ. Jackson Township Police Station Renovation. Owner-Jackson Township,NJ. Architect-Hankin& Hyers -Jackson, NJ. Jackson Township Municipal Garages. Owner-Jackson Township, NJ. Architect-Hankin& Hyers-Jackson,NJ. First National Bank of Toms River. Owner-First National Bank of Toms River. Architect-Bank Builder of America, Harrisburg, PA. Sewage Lift Station, CPS-2, Seaside Heights,NJ. Owner and Engineer-Ocean County Sewage Authority, Toms River,NJ. Boardwalks-1/2 Mile For Spring Lake, NJ. Engineer-Berdsall Corp., Belmar, NJ. Belmar Athletic Fields, NJ. Engineer-Berdsall Corp., Belmar, NJ. Bradley Beach Refreshment Stands and Boardwalk. Owner Bradley Beach Mayor and Council. Engineer-Lear Aurdkin, Ocean Township,NJ. Rumson Police Station Renovation, Rumson, NJ. Architect- Ron Gaworski, Rumson,NJ. Allenhurst Beach Club, NJ. Owner-City of Allenhurst. Engineer-Lear Aurdkin, Ocean Town, NJ. State of New Jersey Parks& Marina, Belmar,NJ. Owner and Engineer-NJ. Dept. of Coastal Resources, Toms River,NJ. Brookdale College, Lincroft, NJ. Many projects over two year period. Architect-Bernard Kellen, Red Bank, NJ. Bridge MN-60,Monmouth County,NJ. Bridge Renovation- Owner-Monmouth County Board of Freeholders (2 Separate Projects). Great Egg Harbor Bridge, Garden State Parkway, NJ. Owner and Engineer-Parkway Authority, Woodbridge,NJ. Dock and Breakwater Renovation,U.S.C.G., Sandy Hook,NJ. Owner&Engineer-U.S.C.G.-Governor's Island, NYC,NY. Hoboken Ferry Ship Renovation, Hoboken,NJ. Owner&Engineer State of New Jersey. Ingersoll Rand Warehouse, Phillipsburg, NJ. Project Manager Turner Construction, New York City, NY. Perth Amboy Bridge Project,NJ. Owner& Engineer Middlesex County, NJ. East Brunswick Bridge Project. Owner& Engineer-Middlesex County, NJ. Camden Housing Project-200 Units, Camden, NJ. Owner& Architect-H.U.D. Washington, 6C. 1981-1987 Formed Coastal Structures, Inc., due to unsatisfactory relations with partner in International Masonry. (100% Owner). Responsible for payroll, all phases of management including estimating and project management. Ferry Slips Restoration and Mooring Pilings, Governors Island and NYC. Owner and Engineer-U.S. Coast Guard, Governors Island, NYC,NY. Rosebank Family Housing Project. Staten Island, NY. Owner& Architect-U.S. Coast Guard,NY. Boat House and Boat Ramps, Atlantic City, NJ. Owner& Architect-U.S. Coast Guard, Governors Island,NY. Aids to Navigation (Offshore Towers) from the Atlantic Ocean mouth of Delaware River to the Delaware Memorial Bridge. Owner&Engineer-U.S. Coast Guard, Governors Island, NY. Bridge Renovation-Carson Inlet & Townsen Inlet, Cape May County, NJ. 104th Street Bridge-Remove& Replace-Stone Harbor, NJ. Owner&Engineer,NJ. Dept. of Transportation, Trenton,NJ. Rt. 70 Bridge Project (2 bridges)-Remove& Replace-Lakehurst, NJ. Owner& Engineer,NJ. Dept. of Transportation, Trenton, NJ. Avon-Belmar Inlet Bridge Renovation. Owner& Engineer- Monmouth County, NJ. Lakehurst Bridge Project. Remove & Replace, Lakehurst,NJ. Owner&Engineer-Ocean County, NJ. Nashaminy State Park-Total Marina for 100 Boats. Owner& Engineer-State of Pennsylvania, Dept. of Recreation. Robling Bridge Restoration-700 LF Across Delaware River from New York to Pennsylvania, Historical Site. Owner& Engineer- Dept. of the Interior, Washington, D.C. Edgewater Postal Facility-Edgewater,NJ. Total underpinning and Foundation Stabilization of 60,000 Sq. Ft. Building. Owner-U.S. Postal Service,New York, New York. U.S. Naval and Ship Berthing Facility. Earle Naval Base, Earle,NJ Owner&Engineer-U.S. Navy Earle, NJ. Ship Berthing Facility-Norfolk, VA. Owner& Engineer, US Navy. Bulkhead and Relieving Platform-Ft. Monroe, VA. Owners, U.S. Navy, Norfolk, VA. Pier#1340 Deepwater Facility for U.S. Navy Ships. Total Restoration. Owner& Engineer-U.S. Navy. Boca Chica, Key West, FL. Dolphin Training Facility-U.S. Naval Station, FL. Owner U.S. Navy, Key West, FL. Offshore Navigation Tower-Rebecca Shoal-44 miles west of Key West-Owner U.S. Coast Guard, Miami, FL. Administration Building-Ft. Lauderdale Executive Airport. Owner-F.A.A. Atlanta, GA. Andros Island-Bahamas-Construct Pre-engineered metal building and construct I offshore tower. 1987-1992 Formed R& G Contracting/Coastal Contracting&Development, Inc. 100% Owner Hazardous Waste Storage Building-Naval Air Station, Key West, FL. Pre-Engineered Metal Building. Key West International Airport-Control Tower Renovation-Owner F.A.A. Atlanta, GA. Office Building Renovation#629-U.S. Navy, Key West, FL. Aviation Fuel Piping, Naval Air Station, Key West Owner-US Navy Harbour Lodge Condo Project-Key West, FL. Owner-Suma Southern,Key West, FL. 1993-2000 Formed Coastal Contracting and Development, Inc.-100% Owner. i William C. McGeddy Jr. ..................................................................................................................................................................................................................................................................................... 1412 Avon Lane# 133 N.Lauderdale,FL 33068 •Tel. 954-718-8190 PERSONAL PROFILE: Superintendent and Carpenter. Worked in all phases of field including estimating, proposals, reconstruction , additions, remodeling, Scope of projects included excavation and grading, foundation, concrete. and masonry, framing, drywall, tile setting, flooring, cabinetry, window and door casework, interior and exterior trim, fencing, decks, roofing. Experienced in operating cranes, backhoe 12 cylinder twin drive winches, bob cat, track hoe, trenches, bulldozers. EXPERIENCE: 2000 - Current . Coastal Contracting and Development, Inc. Hollywood, FL Superintendent • Supervise all work performed on site. • West Ken Lark Park& St. George Park, Broward County, FL. $790,000 job • Island City Park Preserve,Wilton Manors,FL. $1,700,000 job 1989 - 2000 McGeddy Construction & Landscaping. Oceanfront, NJ. Owner/President • Construction Estimates • Proposals • Decks and Patios • Concrete Sidewalks • Paver walks and driveways • Home renovations and additions • Roofing - rubber and asphalt • Landscaping design and planting • Excavating • Installation of inground sprinkler systems 1990 - 1995 Union Local 2250 Red Bank,NJ Carpenter • Mrt. Metals, Edison NJ Job Site in 1990 - 1991 Bradlees, Middletown Carpenter Foreman New Jersey • Oak Glen, Wall,NJ Job Site in 1991 - 1992 Hilton Hotel, Long Branch, Carpenter New Jersey • Sea Coast Builders, Job Site in 1993 - 1995 IBM Building, Red Bank Freehold,NJ New Jersey WILLIAM C. MCGEDDY - RESUME Page 2 EXPERIENCE: (Continue) 1986 - 1988 Coastal Structures Wall, New Jersey • Dock Builder at Earl Naval Pier, NJ • Heavy Equipment Operator • Tugboat First Mate • Installed navigational tower at Delaware River 1983 -1986 John Duke, Inc Residential Homes Oceanport, New Jersey Carpenter& Labor Foreman - Siding • Roofing • Framing. i EDUCATION: 1988 - 1993 NJ Carpenter Trade Facility Red Bank, NJ 5 - Year Apprenticeship Program Union Carpenter-Local 2250. 1980 - 1984 Shore Regional High School West Long Branch, Graduate New Jersey i i nci0 Statement For the year ended December 31, 2002 • COASTAL CONTRACTING AND DEVELOPMENT, INC. FINANCIAL STATEMENTS For the year ended December 31,2002 COASTAL CONTRACTING AND DEVELOPMENT, INC. FINANCIAL STATEMENTS i For the year ended December 31,2002 CONTENTS Page Accountants' Review Report ...........................................................................................................l Financial Statements: BalanceSheet..................................................................................................................................2 Statement of Operation and Retained Earnings .............................................................................3 Statementof Cash Flows................................................................................................................4 Notesto Financial Statements...................................................................................................... 5-8 Supplementary Information: Schedule of Cost of Revenues Earned and Operating Expenses...................................................9 Schedule of Contracts Completed and In Progress......................................................................10 a � p � p � �D To the Board of Directors Coastal Contracting and Development, Inc. Hallandale,Florida ACCOUNTANTS'REVIEW REPORT We have reviewed the accompanying balance sheet of Coastal Contracting and Development, Inc. as of December 31, 2002 and the related statements of operations and retained earnings and cash flows for the year 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 Coastal Contracting and Development,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, we do not express such an opinion. Based on our review, we are 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. Our 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 accounting principles. The information included in the accompanying supplemental 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 we are not aware of any material modifications that should be made thereto. 00 CA4 Millward&Co.CPAs Fort Lauderdale,Florida February 14,2003 COASTAL CONTRACTING AND DEVELOPMENT,INC. BALANCESHEET December 31, 2002 ASSETS Current Assets Cash $ 76,865 746,375 Accounts Receivable,net 17 69 Prepaid Expenses and Other Current Assets ,3,69 Costs and Estimated Earnings in Excess of Billings on Uncompleted Contracts 54,680 Total Current Assets 895,289 Property and Equipment,(Net of Accumulated Depreciation of$93,534) 111,471 Other Assets 4425 Due from Stockholder 302,, 50550 Deposits Total Other Assets 306,975 Total Assets $ 1,313,735 LIABILITIES AND STOCKHOLDER'S EQUITY Current Liabilities: Accounts Payable and Accrued Expenses $ 157,805 Deferred Tax Liability 237,209 Income Tax Payable 8,540 Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts 39,967 Total Current Liabilities 443,521 Stockholder's Equity: Common Stock-$1 par value, 1,000 shares authorized, issued and outstanding 1,000 Additional Paid-in Capital 44,162 Retained Earnings 825,052 Total Stockholder's Equity 870,214 Total Liabilities and Stockholder's Equity $ 1,313,735 See accompanying notes and accountants' review report COASTAL CONTRACTING AND DEVELOPMENT,INC. STATEMENT OF OPERATIONS AND RETAINED EARNINGS For the Year Ended December 31, 2002 Contract Revenues Earned $ 3,471,777 Cost of Revenues Earned 2,872,619 Gross Profit 599,158 Operating Expenses 344,063 Loss Before Provision for Income Taxes 255,095 Provision for Income Taxes: 15,386 Current Tax Benefit (125,240) Deferred Tax Provision Total Income Tax(Expense)Benefit (109,854) 0 145,241 Net Income Retained Earnings,Beginning of Period 679,811 Retained Earnings,End of Period $1 825,052 See accompanying notes and accountants' review report COASTAL CONTRACTING AND DEVELOPMENT,INC. T-ATFNIF) T OF C ASP F1 OWS For the Year En.ied Deceiuoer 3 i, lUu� CASH FLOWS FROM OPERATING ACTIVITIES: $ 145,241 Net Income Adjustments to Reconcile Net Income to Net Cash Provided by Operating Activities: 2,475 Depreciation 35,000 Provision for Bad Debts 40,000 Noneash Officer's Salary (Increase)Decrease in: (323,905) Accounts Receivable (13,693) Prepaid Expenses Cost and Estimated Earnings in Excess of Billings i 7,039 on Uncompleted Contracts (Decrease)Increase in: (55,056) Accounts Payable 125,240 Deferred Tax Liability (15,386) Income Tax Payable Billings in Excess of Costs and Estimated Earnings 39,967 on Uncompleted Contracts Net Cash Used in Operating Activities (13,078) CASH FLOWS FROM INVESTING ACTIVITIES: (9,556) Equipment Purchases Net Cash Used in Investing Activities (9,556) (22,634) Net Decrease in Cash 99,499 Cash-Beginning of Period $ _ 76,865 Cash-End of Period SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION: Cash Paid during the Year for: $ _ Interest $ _ Income Taxes NONCASH INVESTING AND FINANCING ACTIVITIES $ 40,000 Officer's salary used to reduce outstanding stockholder loans See accompanying notes and accountants' review report -4- COASTAL CONTRACTING AND DEVELOPMENT,INC. NOTES TO FINANCIAL STATEMENTS December 31, 2002 NOTE A-NATURE OF OPERATIONS AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Operations -Coastal Contracting and Development,Inc. ("The Company") was incorporated in Florida in April of 1993. The Company provides general contracting and construction services for governmental, institutional, commercial and residential properties in Florida under both fixed price and time and materials contracts. Use of Estimates in the Pre aration of Financial Statements - The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Revenue and Cost Recognition— Revenues from fixed price construction contracts are recognized under the percentage of completion method, measured by the percentage of cost incurred to date, to estimated total cost for each project. This method is used because management considers total cost to be the best available measure of progress on the contracts. Contract costs include,all direct material and labor costs and those indirect costs �S elatedlling, to co ltrand act performa nce such as indirect labor, supplies, tools, repairs and depreci ation, administrative costs are charged to expense as incurred. Changes m job performance,job Provisions lr estimated losses on uncompleted contracts are made in the period in which such losses are determined. conditions, and estimated profitability, including those arising from contract penalty provisions, and final contract settlements may result in revisions to costs and income and are recognized in the period in which the revisions are determined. Profit incentives are attributable to claimsluded in is s included in reves when their nues when on is reasonably assured. An amount equal to contract costs realization is probable and the amount can be reliably estimated. 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. Accounts Receivable — Trade receivables are stated at face amount with no allowance for doubtful accounts. An allowance for doubtful accounts is not considered necessary because probable uncollectible accounts are immaterial. Property and Equipment—Property and equipment are depreciated using the accelerated methods over the estimated useful lives of the assets(5-7 years). Maintenance and repairs are charged to operations when incurred. Betterments and renewals are capitalized. When property and equipment are sold or otherwise disposed of,the asset account and related accumulated depreciation account are reduced,and any gain or loss is included in operations. -5- COASTAL CONTRACTING AND DEVELOPMENT,INC NOTES TO FINANCIAL STATEMENTS ( December 31,2002 NOTE A-NATURE OF OPERATIONS AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Income Taxes—Provisions for income taxes are based on taxes payable or refundable for the current year and deferred taxes on temporary differences between tl'ties�andt of theire ported amounble income ts in in the financial etax financial income and between the tax bases of assets and liabilities statements. Deferred tax assets and liabilities are includedeferred tax assets and liabilities are currently expected to be income tax rates applicable to the period in which the d realized or settled as prescribed in Statement of Financial Accounting rate. are enacted, de erredFtax)assets 109, Accounting for Income Taxes. As changes m tax la liabilities are adjusted through the provision for income taxes. C ash E uivalents — The Company considers securities with maturities of three months or less, when q - purchased,to be cash equivalents. Financial Instruments and Concentration of Credit Risk - Financial instruments hick potentially t ential le subject . the Company to concentrations of credit risk are cash and cash equivalents and The Company believes it is not exposed to any significant credit risk on these assets. Concentration of Credit Risk - The Corporation maintains its e cubed bees commercial the Federal Deposit Insuran e Cash in these institutions at times exceeded $100,000. The accountsY Corporation up to $100,000. At December 31, 2002, the Corporation's uninsured balance believes rt 6s not The Corporation has not incurred losses related to these accounts. exposed to any significant credit risk on cash or cash equivalents. NOTE B—ACCOUNTS RECEIVABLE Accounts receivable at December 31,2002 consists of: $ 478,064 Contract Receivable _ 298.311 Retainage Receivable 776,375 Less: Allowance for Bad Debts (30,000) $ 746.375 NOTE C—LOANS—SHAREHOLDER The Company has a loan receivable in the amount of$304,425. The loan has no formal terms, and is payable by a shareholder upon demand. -6- COASTAL CONTRACTING AND DEVELOPMENT,INC. NOTES TO FINANCIAL STATEMENTS (Continued) December 31,2002 NOTE D-RELATED PARTY TRANSACTIONS The Company contracts with an affiliated corporation � cost of sale which the s isliate provides$376 000 paid to affiliate contracting services related to custom cabinetry installations. Included during 2002 for these services. The Company rents office space from a stockholder on a month to month basis for approximately$1,000 per month and related costs. NOTE E—PROPERTY AND EQUIPMENT Property and equipment held at December 31,2002 consists of: Assets: $ 96,148 Land 80,440 Vehicles 28,417 Equipment 205,005 (93,534) Accumulated depreciation: $ 111,471 Net property and equipment Depreciation expense for the period totaled$2,475. NOTE F—COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs, estimated earnings, and billings on uncompleted contracts are summarized as follows: $ 1,939,539 Costs incurred on uncompleted contracts 477,444 Estimated earnings 2,416,983 2,412,270 Less:billings to date 4,713 plus: unbilled amounts on completed contracts 10,000 � 4 1 Included in accompanying balance sheet under the following captions: Costs and estimated earnings in excess of billings $ 54,680 on uncompleted contracts Billings in excess of costs and estimated earnings (39,967) on uncompleted contracts � 14.713 -7- COASTAL CONTRACTING AND DEVELOPMENT,INC. NOTES TO FINANCIAL STATEMENTS (Continued) December 31,2002 NOTE G—COMIvfl ENTS AND CONTINGENCIES The company is involved in disputes or legal actions arising in the omaterial adverse effectinary course of siness Management does not believe the outcome of such legal actions will have a the company's financial position or results of operations. NOTE H—INCOME TAXES The Company utilizes the asset and liability method of accounting for based deferred the dill income rate. taxes. Under ces between this method, deferred tax assets and liabilities are established ect for financial statement and income tax bases of assets and ea bilitiDeferred taxes es using re ate primarils in y to the the year in which the differences are expected to re difference in the life of the fixed assets at the end of the year, and the use of the cash basis method of revenue and expense recognition for tax purposes. For the Year Ended 12/31/02 Current: $ (13,137) Federal (2,2491 State Total current provision(benefit) (1 33 86 Deferred: 107,066 Federal 18,174 State Total deferred provision(benefit) 125,240 Provision for(benefit from)income taxes $ 109,854 At December 31,2002,the Company had a deferred tax liability of$237,209. -8- SUPPLEMENTARY INFORMATION COASTAL CONTRACTING AND DEVELOPMENT,INC. SCHEDULE OF COST OF REVENUES EARNED AND OPERATING EXPENSES For the Year Ended December 31,2002 Cost of Goods Sold: $ 292,800 Direct Labor 57,557 Equipment Rental 5,421 Permits and Related Fees . 46,934 Insurance and Bonding 79,735 Other Construction Expenses 490,117 Materials 1,900,055 Subcontractors 2,872,619 Total Cost of Goods Sold Operating Expenses: j $ 7,450 Accounting and Legal 2,120 Advertising 35,000 Bad Debts 2,475 Depreciation Expense 34,635 Insurance Expense 1,944 Licenses and Permits 2,130 Meals and Entertainment 13,180 Office Expense 11,389 Office Supplies 997 Other General and Administrative 119,032 Payroll 11,331 Payroll Taxes Expense 16,000 Plans Expenses 7,321 Repairs and Maintenance Expense 14,647 Rent Expense 15,863 Taxes 5,693 Travel 20,967 Utilities and Telephone 21,889 Vehicle Expense Total Operating Expenses 344,063 See accountants' review report -9- � E 8999999899 H aU N NNt o 3 O�n��n p�•D•n q P �p F � C N(PV N•mil O•N V V1.. 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C �f.y C UC '°cC•� U .p E_ aa°AAA S�3 XY 7GT� U ° a 4 4 4 a = D D O ° o O o o o G ° U 0 0 o ° 8 � ao -L' a�uuiiu�UUu w, U MUUu��z Organizational Chart Similar Projects 10 cn C9 > C � N V AM �., O C 'D UhOM- o-w-- F � do"m) C1 i tS8 CL Q ., 0 L3 cn i E tv ca t!6 w OO ` { 7" e t It LL PO fd LIJ i Coastal Contracting and Development, Inc. Similar Projects 1) 1 ,100 SF Restroom Facility on the Beach City of Deerfield Beach 2) Yearly construction for the past 5 years for Lifeguard Towers City of Boca Raton ' 3) Present construction of bathroom facility at Patrick J. IVleli Aquatic Park City of Dania Beach Bonding CapabUffies License • Insurance • Brown &Brovnt,be. 59W N.Andrews Avenue,Suite 900(Zip:33309) P.O.Box 5727 . Fort Lauderdalc,FL 33310-5727 B O N A S 954n76-2222-FAX 954M2-7542 Statewide 1-8001339-0259 Thursday, February 27, 2003 Mr. Gary McGeddy Coastal Contracting&Development, Inc. 807 N. North Lake Drive Hollywood, FL 33019 Re: Coastal Contracting&Development, Inc. i To Whom It May Concern: Dear Readers: Per the request of Mr. Gary McGeddy, this letter is written to advise its readers that we represent Coastal Contracting& Development, Inc. for bonding purposes. Their bonding company is United States Fidelity& Guaranty Company with an AM Best rating of A(Excellent). Based on their past experience and financial standing, we can consider single jobs in the $3,000,000.00 area with an aggregate program of$6,000,000.00 Our company has found Coastal Contracting & Development, Inc. to be an outstanding contractor, with a good reputation in the construction industry. As this is a letter of recommendation and not a bid bond, Brown& Brown, Inc., United States Fidelity & Guaranty Company, their agents and owners accept no liability for its contents. The Surety reserves the right to review each submission and base their final decision as to single job and program limits upon normal underwriting requirements and conditions which exist at time of the bond request. If I can be a of additional assistance, please do not hesitate to call at 1-800-648-9303. S., e l , d h, C U, CIC Vic res' urety Division MEMBER OF NATIONAL ASSOCIATTON OF SURETY BOND PRODUCERS Adak 0469985 STATE OF FLORIDA ;:.; I•' ' ,., �.,• . DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION $�Q�L020bZ700884 CONSTRUCTION INDUSTRY LICENSING BOARD The BUILDING CONTRACTOR a` bjmwd below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration date: AUG 31, 2004• ... • �' ,�:- NC GEDD% GARY JOSEPR COASTAL 6ONTTRACTING & DEVELOMENT INC 807 N NORTH EASE DRIVE HOLLYWOOD FL 33019 y KIX 'BINRI+ Q - JEB BUSH SECRETARY w GOVERN DISPLAY AS REQUIRED BY LAW 00274 Board 'COUNTY OCCUPATIONALLICENSE Tssioners,aroward county AX Florida BROWARD OCCUPATIONA RENEW ON OR BEFORE 2003 SEPTEMBER 30,2003 FORM NO. FOR PERIOD OCTOBER 1,2002THRU SEPTEMBER 30, PENALTIES I PAID 401-2WAC 25-061 27.00 OCT.•10% Nov•15% i y / i Fd 0 TAX •DEC.-20% °After DEC.31-25% :6 RENEWAL 0 TRANSFER SEC BACK TAX .PIus Tax Cdleaion Fes a up to$25 00 PENALTY Based on Cost a L�oense if Paid ® NEW DATE BUSINESS OPENED T.C.FEE On or Aker NoMTdW 30'2002 TRANSFER STATE OR COUNTY CERT/REG / CaCU5.+36 11 ACCOUNT NUMBER 508W90"L"atlon A0&8": TOTAL .27.Op 1 SO'-000240 i 607 N NORTH LK DR 33019 r 4 HOL.LYWOOD DUOINEea PHONE, (000)920- 7444 COASTAL CONTRACTING 4 DEVELOPMENT INC MC GEDDY GARY THIS LICENSE MUST BE CONSPICUOUSLY DISPLAYED 807 N NORTH LAKE DR 33019 TO PUBUC VIEW AT THE LOCATION ADDRESS ABOVE. HOLLYWOOD FL BR`6N�{� - L TYPE OF LICENSE TAX PAID COUNTY BUILDING CONTF< E, UNITS BROWARD COUNTY REVENUE COLLECTOR. 2002 w 2® 3 115 S.Andrews Avenue,Governmental Center Annex PAYMENT RECEIVED AS VALIDATED ABOVE 'SEE BACK FORTRANSFER INFORMATION FORT LAUDERDA.LE.FL 33301 27.00 PAID 09/06/02 90160715.0001 AC®R®� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY► 02/28/2003 #Insurance E.R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Services, Inc ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 5 Davie Blvd #105 COMPANIES AFFORDING COVERAGE Ft Lauderdale, F1 33312 COMPANY954-583-7213 Scottsdale Ins INSURED COMPANY Coastal Contracting B Granada Ins . and Development, Inc. COMPANY 807 North Northlake Dr C WestPort Ins . Hollywood, FL 33019 COMPANY (954) 920-7444 D 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. CO POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE DATE(MMIDD/YY) DATE(MM/DD/YY) GENERAL I IA&LITY BODILY INJURY OCC S X COMPREHENSIVE FORM BODILY INJURY AGG $ X PREMISESIOPERATIONS 1 PROPERTY DAMAGE OCC $ UNDERGROUND PROPERTY DAMAGE AGG i X EXPLOSION&COLLAPSE HAZARD BI 8 PD COMBINED OCC $1, O O O, O O O. A X pRODIICTS/COMPLETED OPER X CONTRACTUAL G 714 2 9 0 3/01/03 03 01/04 BI&PD COMBINED AGG s2, 000, 000. PERSONAL INJURY AGG S1, 000, 000. X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE Prods/O s 2, 000, 000. PERSONAL INJURY AUTOMOBLE LIABILITY BODILY INJURY $ (Par person) ANY AUTO ALL OWNED AUTOS(Private Pass) BODILY INJURY $ ALL OWNED AUTOS (Par aCaOent) (Ovw Hen Private Passenger) B X HIRED AUTOS CA 10 712 0 7/2 3/0 3 0 7/2 3/0 3 PROPERTY DAMAGE $ X NON-OWNEDAUTOS BODILY INJURY 8 GARAGE LIABILITY PROPERTY DAMAGE $ 1X scheduled COMBINED 500 OOOCSL EACH OCCURRENCE s EXCESS LIABILITY UMBRELLA FORM AGGREGATE S S OTHER THAN UMBRELLA FORM WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT $l 0 0 O 0 0 0 . C THE PROPRIETOR/ X INCL WCX 0 0 0 4 7 6 4 01 11/01/0 2 11/01/0 3 EL DISEASE-POLICY LIMIT $1, 0 0 0, 0 0 0 . PARTNERS/EXECUTIVE EL DISEASE-EA EMPLOYEE S1, 000, 000 . OFFICERS ARE' EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS . IFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE FOR YOUR .RECORDS EXPIRATION DATE EREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MIDI XXXXXXXXXXXXXXXXXXXXXX DAYS WR rE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO IMAIISUCH NOTICE SHAL IMPOSE NO OBUGATION OR LABILITY OF ANY KIND .UP0 THE ANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA Standard Form 254 • Cl) m m s c 1) 2 -Cl o U r a) (C:) CD C) a) U �. a- N C (6 d to a) O U O N U O L Q) a C Q) Q a) U a) O a) cn C a) C -6 -Q U -C O `o — U) O O c C C 0 ` CY) .� C N Cl) a) F- N O 0 0 C:) O _O O_ = 0 a c F- a) 0 0 0 0 E E E Q)a 00 >, C a d Q '�- O LO 0 _O - C1 W NLO c- NLO 0) to m N U a) 0 X a) �a0-- O 69 64«T 69 C9(f3 L * N D c a r Q W 0 cf? 0 0 0 0 0 0 0 CO p coo c a) h Q E c m o o a o 0 0 .o LL O > c L s' ICL X.np LO N00 N C N @ o 3 O (`p. 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C O C o � �UU QO �- O Q) � 'p u) Ln c6 c a w- ca .� C 'O c6 O U C o m O L- o (D ~ E Q) ~ ~= c6 I— Z Q) Q) >I p C E a C N U C Q) v Q) () ~ 0 0 o o Q) o f— � N D- UQU Q o F— cz U) The Tamara Peacock Company ' License & insurance ac#O 7425 5 6 STATE OF FLORIDA DEPAR BOARD�OF BUSINESS ARCHITECTURE PROFESSIONAL DESIGNREGULATION SEQ#L03010800606 The ARCHITECT Named below IS LICENSED Under the provisions of Chapter. 481 FS. Expiration date: FEB 28, 20.05 PEACOCK, TAMARA 5901 ALMOND TERRACE PLANTATION FL 33317 JEB BUSH KIM BINKLEY-SEYER GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY 4C#Q 7 4 2 6 5 4 STATE OF FLORIDA DEPARTMENT RDOOFBARCHITECTUREP&OINTEROIORI,DESIGNATION SEQSL03010800704 0 e RCHITECT CORPORATION Named below IS CERTIFIED Under the provisions of Chapter` 481 FS. Expiration date: FEB 28, 2005 THE TAMARA PEACOCK COMPANY 301 E LAS OLAS BLVD STE 210 FORT LAUDERDALE FL 33301 KIM BINKLEY-SEYER JEB BUSH GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY __ OP ID EZ DATEACORL) CERTIFICATE OF LIABILITY INSURANCE TAMAF2 5 03/06/03/06/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown & Brown, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5900 N. Andrews Ave. #300 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft, Lauderdale FL 33310-5727 INSURERS AFFORDING COVERAGE Phone: 954-776-2222 Fax: 954-776-4446 SU --- IISUPEPA IN RED CNA Insurance Companies INSURER R The Tamara Peacock Co. , P.A. ---"' '—_-- Suite210 - ---..._.... ---------_._ ..__-----------.. .....---- --. . 301 E. Las Olas Blvd N;,Isir-P1, Ft. Lauderdale FL 33301 INStN?rP r COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT.TERM OR C014DITION OF ANY C014TRACT 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 SHOWIJ MAY HAVE BEE14 REDUCED BY PAID CLAIMS. INSR ---' --- ---- - - -- `---.------- -oOLTCY EFFECTIVE —P0-DCY EXPIRATIONLIM178 --� LTR TYPE OF INSURANCE - POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A '--I g rnlm.Ir%ml rrIFPN.II+aXh TCP206763-1033 02/05/03 02/05/04 I'm rAmsE(my mr.n.r) s 300,000 I;I AIIA!71.NI,1 I I ilr'r'�II? MFI I EXI'(A IVY mID pr,AM) s 10,000 .. PEPSONAL R AMI XUURY s 1,000,000 rrNrRN AGr,RrrATr t 2,000,000 GEITI.Arr.PErPOF.LX.SI APPLIES PEP PRODUCTS.COMrTOP AGE— 4 2-`000,000 1'OLICV �Er7 LOC AUTOMOBILE LIABILITY COMBnED SWCLF I IMIT t 1,000,000 A NN AUlO TCP2067617033 02/05/03 02/05/04 (Ea RcuDent) - N L O'NTFr,N.ITL,.r• BODILY INIUR'V t - - IPrrpersm,) :CHF.I-II.ILF1)AL,1 OS ,418'-U Mllfl:: BODILY 14JLPY S IPr,ARWA,A) g M,'HIfNMfII NIII PROPFPI Y DNAArF S IPe,Acclnr,A) GARAGE LIABILITY AUTO ONLY.EAACCIDENT T AIL!AH1 E+ OTHER THAN EA ACE, 1 AUTO ONLY. AGG S EXCESS LIABILITY ( EACH OCCURRENCE 4 _I pr rllf! I—_l r:I M.I;MnDfi AGGREtIE S J 111 f 4 rn+n-lrcit F aFUNRIXI s t N'i:SlA7l1 OIM WORKERS COMPENSATION AND g 10PY LIMIT$ _ _ _EP__ A EMPLOYERS'LIABILITY WC2067617050 02/05/03 02/05/04 EL EACH ACCIDENT 1 100.E OOO — E L DISEASE•EA EMPLOYEE T 100,000 Et DISEASE-POLICYOMIT s 500,000 OTHER A Property Section 7'CP2067617033 02/05/03 02/05/04 Contents $123,100 Deductibl $1,000 DESCRIPTION OF OPERATIONS.-LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is listed as Additional Insured with respects to General Laibility only and Loss Payee with regards to Property. CERTIFICATE HOLDER JY ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE.THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL .10 , DAYS WRITTEN NOTICE 10 TILE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL IMPODF NO OBI.IOATION OR LIABILITY Of ANY KIND UPON TIIF INSURER,ITS AOFNIP On REPRESENTATIVES. Al1+T}IORI7EO'PP I`{IfrPENTATIVf -�7 - j%r I ACORD 25-S(7197) "ACORD CORPORATION 1988 Forms omf6usion Aff'odavit Public Entity Crimes r NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF BROWARD Gary J. McGeddy , being first duly sworn, deposes and says that: 1 He/She is.the [title] President of [name ofentity] Coastal Contracting and Development, Inc. the Firm that has submitted the attached Proposal. 2 He/She is fully informed with respect to the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal. 3 Such Proposal is genuine and is not a collusive or sham Proposal. 4 Neither the Firm nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, have in any way --� colluded, conspired, connived or agreed,directly or indirectly,with any other Firm or person to submit a collusive or sham Proposal in connection with the Project for which the attached Proposal has been submitted; or to refrain from submitting a proposal in connection with such Project; or have in any manner, directly or indirectly, sought by agreement or collusion,or communication,or conference with any Firm or person to fix the price or prices in the attached Proposal or of any other Firm, or to fix any overhead, profit or cost elements of the Proposal price or the Proposal price of any other Firm,or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Dania Beach, Florida, or any person interested in the proposed Project. 5 The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Firm or any other of its agents, representative4*d ployees or parties in interest, including this Affiant. Affiant Print Name and Title Gar President EXHIBIT SIX ., JENNIFER HOWE TOOLM *; ,i MY COMMISSION#cc 984151 nk EXPIRES:Mach 25,2005 4 AN nded Thru Notary Publk Underwriters CITY OF DANIA BEACH, FLORIDA Sworn Statement Under §287.133(3)(a), Florida Statutes Public Entity Crimes (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths.) 1. This sworn statement is submitted with Bid, Proposal or Contract No. 2. This sworn statement is submitted by: Coastal Cohtracti ng and Development. -I-,hc (name of entity submitting sworn statement) its business address is: 807 N North 1 a ke Drive Hollywood, FL 33019 Federal Identification Number (FEIN) is: 65 - 0613610 (if applicable) Social Security Number: (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement) 3. My name is: Gary J. McGeddy (PRINT NAME of individual signing this document) and my relationship to the entity is: President (President, General Partner, etc. as applicable) 4. I understand that a "public entity crime" as defined in §287.133(1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in §287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere (also known as "No Contest"). EXHIBIT 7 Page 1 of 3 6. I understand that an "affiliate" as defined in §287.133(1)(a), Florida Statutes means: (a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima-facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall,,be considered an affiliate. i 7. I understand that a "person" as defined in §287.133(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies): XXX Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity .submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989 and (Please now indicate which additional statement below applies): There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order) EXHIBIT 7 Page 2 of 3 The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of General a • Z)aa August 15, 2003 Sig re ( son whose PRI NAME Date first appears a ove) STATE OF FLORIDA ) ss: COUNTY OF BROWARD ) Sworn to and subscribed before me this 15 day of August 200 3 , by Gary J. McGeddy who (check one) [X] is personally known to me or [ ] has produced as identification. Notary Public, State of F1 on da bil Y JENNIFER HOWE TOOLAN ." MY COMMISSION#CC 4551 " EXPIRES:March 25, •'• A;� Bonded Thru Notary Public Underwriters Jennifer Howe Too 1 a n Print or Type Name of Notary Public My commission expires: (Seal) END OF PUBLIC ENTITY CRIMES STATEMENT EXHIBIT 7 Page 3 of 3 Job Specifications • • 1 wislel f Ing end DoInc, • t P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 . Fax: 954-927-4480 Alternative Construction Technologies In reviewing the plans and specifications supplied to Coastal Contracting and Development, I would make the following comments. 1) Pile -We included auger cast piling 14" diameter-20' deep. These will give the City a more structurally sound job. Precast piling driven into sand may also fracture while driving. 2) We verified all site elevation and the proposed handicapped ramp would work fine without railings. 3) Impact glass block cannot exceed 48" x 48" area. We must pour concrete beam between louver and glass block in order to fulfill Product Approval. Coastal Contracting and Development, Inc. Job Specifications Basic Construction Concrete Piling — 14" diameter auger cast Foundation — Poured concrete grade beam to FF elevation. Slab— 8" reinforced Walls— 8" CMU — Stucco exterior—tooled interior Ceiling — Finished concrete planks Roofing — Hot 3 ply fiberglass Mansard — Metal — Standard Kynar finish — see attached Finish Specifications Exterior—Walls — Paint by Sherman Williams Interior—Walls— Epoxy wall coating (SW) Floor— Bathroom Area — Quartz epoxy Toilet Partitions — Solid funolic plastic . Toilet Access— Stainless Steel by Bobrick Wall Louver— Concrete as revised City specification Overhead Doors — Galvanized Steel Rollup — DCPA— See attached by Atlantic Glass Block— Impact— See attached specification and Product Approval Mechanical Specifications Plumbing -All fixtures stainless steel with electric - auto flush — sensor. See attached. Drinking Fountain — Elkay. See attached. Backflow Preventer— 1 '/2" Ventilation — Each bathroom — Braun 300 CFM Fan Electric — 100 AMP service —All work as per city specification. Note: Bathroom lighting to be controlled by photocell • WORMANCE FLOORING SOLUTIONS lu�$•A•F`„E}�° Inc. PRODUCT DATA SHEET WI MI 95 Goodwin Street EPDXIES. •!/Rf£TNANES East Hartford.CT 06108 RED QUARTZAOOREGATES Tel: 800-253-3539 • Fax: 860.528-2802 Internet: http://www.dur-a-flex.com E-Mail: Info@dui-a-ftex.com DUR-A-QUARTZ FLOOR SYSTEM DESCRIPTION SURFACE PREPARATION DUR-A-QUARTZ EPDXY FLOORING is a This product requires preparation in order to perform as combination of Q-28 or Q-I 1 Colored Quartz Aggregate expected. Substrate must be profiled,clean,sound,and fused together during application into a seamless dry. Substrate must be primed with DUR-A-SHIELD, surface, with specially formulated, high quality, clear, DUR-A-PDXY HIGH GLOSS, or DUR-A-GLAZE 100% solids, epoxy formulation. DUR-A-QUARTZ TIE-COAT. Please refer to the master "Surface Epoxy Flooring will protect a new floor from industrial Preparation Guide"for more in abuse and harsh chemical spillage, and will restore the old floor to a better than new condition. It is available APPLICATION METHOD/SPREAD RATE in three different textures: standard non-skid, orange DUR-A-QUARTZ is applied with a roller, squeegee or peel and smooth. trowel. A typical yield at a nominal 1/8" thickness is approximately 30 Sq. Ft.per gallon of epoxy and 3/4 of BENEFITS a lb. of DUR-A-QUARTZ aggregate per Sq Ft. See • Excellent Clarity DUR-A-QUARTZ BM application instruction sheet for • Low Odor complete instructions. • Meets USDA,FDA,OSHA standards • Superior Adhesion LIMITATIONS • Superior Chemical Resistance This product is best suited for application in • Maintenance temperatures between 55• F and 95 F. Substrate must Easy be clean, sound and dry. Custom quartz blends should COLORS stay within the color range of the existing 18 standard DUR-A-QUARTZ decorative aggregate is available in blends. DUR-A-GLAZE #4"Water Clear"or DUR-A- 18 blended and 18 solid colors and in two sizes. Color GLAZE KITCHEN resin must be used for topcoats over options are standard colors and custom color blends. DUR-A-QUARTZ aggregate to retain color clarity of floor. Commercial kitchen applications must be at least Please refer to Quartz Color Selector Chart. 3/16"in thickness and broadcasted with Q-11 aggregate. TYPICAL USES Eroded or spalled areas must be "filled and leveled" with an epoxy grout composed of DUR-A-GLAZE #4 DUR-A-QUARTZ Epoxy Flooring is designed for use and aggregate. wherever USDA,OSHA, FDA and EPA standards must be met. It can be applied on most any type of sound PACKAGING substrate including concrete, quarry tile, brick pavers, DUR-A-QUARTZ Epoxy Flooring is available in DUR- steel decks, plywood floors, etc. Typical areas of A-GLAZE #4 Resin/Hardener: 1 gallon cans, 5 gallon application: pails, and 50 gallon drums. DUR-A-QUARTZ • Pharmaceutical Plants Aggregate is available in 50 lb bags. • Food Processing Plants CHEMICAL RESISTANCE • Commercial Kitchens This product is resistant to many common chemicals. • Shower&Locker Rooms Please refer to the master "Chemical Resistance • Laboratories Chart" for actual resistance to specific • Clean Rooms chemicals/reagents. • Animal Care Areas • Cook/Chill Areas GUIDE SPECIFICATIONS This product is part of the DUR-A-FLEX family of polymer systems. Please refer to the master "Specifier's Guide"for three part guide specifications. • Jarranties: Seller warrants that its goods,as described on the face hereof,are free from any defects in material or workmanship. Seller makes no other warranty,express or implied,and all implied 3rranties of merchantability and fitness for a particular purpose are hereby disclaimed. Seller shall not be liable for prospective profits or special indirect or consequential damages. Seller's sole bility and buyer's exclusive remedy for breach of any warranty as expressly limited,at seller's option,to replacement at the original F.O.B.point or refund of purchase price. Seller shall not be sponsible for any claim resulting from failure to utilize product in the manner in which it was intended and in accordance with instruction provided for use of product. Any claim for breach of 3rranty shall be deemed waived unless buyer shall give seller written notice of such claim within sixty(60)days after delivery and shall allow seller reasonable opportunity to investigate claim and • � � .1 �1.1 1 1' 1. 1 1. �• • i • ' �� Manufacturer of Quality Metal Roofing Syste � � s _ TP'lt Zp �-.+r t fl §`p+ ,M1 �}€ „" AQ I.�,�,�, a° ^• 4�� J "_9 �'9 ay` 'a2+.1��. �r •. 11 • ••' - 0 • SOUTHERN METAL PRODUCTS,LLC Established 1954 dbaAEICOR Toll Free 1-800-432-1803 METAL PRODUCTS FAx(954)274-3491 FL GENERAL CONT.LIC.#CG C046375•FL ROOFING CONT.LIC.#CCCA48153 Plant & Main Office:450 W. McNab Road, Fort Lauderdale, Florida 33309 (954) 974-3300 1ftMM9g1@TL10@2, @9 QM 0 29@ML IM"k0he OCTA@ MQQ t . . ,. d FILE PROPERTY TESTING METHOD KYNAR 5000 Colors Available N/A See color chart Warranty N/A 20 Year Pass Through 30'Gloss ASTM D-523-89 Low and medium gloss only Abrasion Coefficient ASTM D-968-81 100 liters/Mil Acid Resistance 10%Sulphuric acid spot test-24 hour exposure Excellent, no attack ASTM D-1308-87 Proc.3.1.1 Adhesion (Crosshatch) (2) NCCA No. 11 (5) No Loss ASTM D-3359-90 Adhesion (X-Cut) (2) NCCA No. 11 (5) No Loss ASTM D-3359-90 Alkall Resistance 10%Sodium Hydroxide ASTM D-1308-79 Excellent, no attack (1981) Proc. 5.2 ink Color Uniformity ASTM D-2244-79 Color controlled both instrumentally and visually Detergent Resistance 72 hours immersion Excellent, no attack 3%solution at 100OF Direct Impact Flexibility Gardner Impact Tester, 1/10" Distortion Excellent no removal ASTM D-2794-90 Dry Film Thickness ASTM D-1400-81 Primer.30+9.5 mil, ASTM D-1005-84 top coat .75 mil—.05 mil NCCA 11-13, 11-14, 11-15 Erosion 10 yrs., 450 South Florida Maximum 15%loss Formability T-Bend No cracks or loss of adhesion ASTM D-522-85 1800 Bend on 1/8 Mandrel Hardness Eagle Turquoise Pencils H.B. Minimum ASTM D-3363-89 NCCA 11-12 Humidity Resistance ASTM D-2247(1987) Passes 2000 hours on H.D.G. Steel, 2000 hours on GALVALUME® Resistance to Acid Pollutants 24 hour exposure Excellent-no color change 10% HNO3(Hydrochloric Acid)vapors ASTM D-1308-87 Proc. 3.1.1 Reverse Impact Flexibility Gardner Impact Tester, 5/8" ball, impact force in Excellent, no cracking, no film removal inch pounds equal to metal thickness, NCCA Spec. 11,ASTM D-2794-90 Salt Spray Resistance ASTM B-117-90 Passes 1992 hours on H.D.G. Steel, 1000 hours on GALVALUME® Weathering-Chalk Resistance 10 yrs.,450 South Florida Maximum rating 10 ASTM D-659-86 Weathering-Color Retention 10 yrs.450 South Florida Maximum 5 NBS units ASTM D-2244-89 Color change NOTES: 3. GALVALUME®- is a registered trademark of 1. ASTM-American Society for Testing Materials. Bethlehem Steel. 2. NCCA- National Coil Coaters Association. if PK s n , Al ra4RRolling: St�EI Door,.. Corp = � __ — Since 1986 we,have been involved in the° - manufacturing.and installation of security products _ ii that h�ave,met the nee�ds�e consumer and}the 4 _ archdect alike.We manufacture products r engineered TO 'rreliable and trouble=free performance.Our specialty is custom-make,with "s �- tfie,least amount of earl tlmea p roduct that will �" meet your needs without surprises.:priced ���c and without quesUon�IThe hallmark of-our recordin the securely equipmentyindustryis: problems along with meetingthe,needs of our �' `" .� • customers.VUe•engineer our�product°�for high': _- �" -•°„ �-----gy .. �� performance`and tailo our product to specialized w___ - - ~ _ requirements.So if yo have an enclosure problem „ � •�� — w r please contact Atlantic s National Sales Office. a P��� ------ - - •_: — , EUS�TOM 'PR`O.JECTS COMPLETED - " � - Bloomingdale's 11Vendy's i� — �� ____ _ •' _ ' Thom=M�cAnri�Shoes Chrysler Corp. �• ��� i, ��Flagg"�B others r Radio Shack` g � _ Ate. - GNCf.Stores� Saks�Fifth�Avenuek Southland Corp. •� � 4 Kay.JeweleFs. McDonalds '�Oi'r".'`""� ._ ' `, Kinney Shoes Olympia&York, " � �• ..,,��. Construction. - `"" - - ;- • ' TransWorld Airlines ` s MerbertsConstruction:, Ryder Trucks. � �_ . b and�Chir�acher's Fish Tritlent Subbase A. •" �&"" �° � __ •� �� ,r '' ` Staten Island Ferry �?- � �` ��: �, Port Everglades ,f� f��c, P.'' �� � � ~v�•�' �` ��.��^�'�-,, �L a � : ��i �1:� _" *� FOtO=Mat,," 2. ,� , u Y F��1 k { ,1 '� ( ..P*i,, k i} •CJ1i S � S�- � a �« FN 1 r i� ix� sa a,�+ ',aiq ��� " �►tlantic Rolllrig StEEI Door Core: i �; f w 1 Pry y � f yr 4 + x Bronx New York 10460 r r 3 t ti ,f f i w t x k f � 7 t # r sra-F2r+,arr .�'`�v#�fn 800-247-9176 I"r. I' k r n r Ag k • Webawwvo:atlanticroll{ingdooreom�' � F�ti °� +� � A � � E-mail:atlanticrsd@aol:com a CLEARANCE DETAILS MODELS 100 . 200 . 300 GUIDE DETAILS SEE PAGE 5 Chain Hoist Face of Wall Motor Face of Wall Push-up Face of Wall c+'iz c+az c+'h C+2" C+2- c+2• wx 1 U i II J 2 W = W 13 W fI{� JALOPENING WIDTH B CLEAR �A urtNING WIDTH CILEAR F G JA OPENING WdTH CLEAR OF G OF G . WIDTH INCHES HEIGHT C O WIDTH INCHES HEIGHT C WIDTH INCHES HEIGHT HO C W TO A B H TO W TO A B H T W TO A&B , 8'S" 43/a" 73/4 10'4" 161/z" 8'5" 43/: 73/4" 10'4' 16'/z" 8'5' 43/4" 10'4" 16/z" , 22'0" 5'/a" 93/4" 15'0" 18'/2" 15'0" 5'/4" 15'0" 18'/z" 22'0" 5'/4" 93/4" 15'0" 18/z" 30'0" 53/4" 93/4" 25'0° 23" 30'0. 53/4° 93/4" 25'0 23" Between JambsJB Between Jambs c+vs• Between Jambs �+�" j F• ,� vc+rc,rC+2 I �� U II ww>t.7x WQ �W xa A W B AW U A B CLEAR WIDTH IA� JBI `CLEAR WIDTH L— rOVERALL WIDTH W-4 OVERALL WIDTH W WIDTH INCHES HEIGHT C WIDTH INCHES HEIGHT C WIDTH INCHES HEIGHT C W TO A B H TO W TO A B H TO W TO A&B H TO , 8'5" 5'/4" 5'/4" 8'0° 16'/2" 8'0" 16'/z" g 5 5,/4• F7' 10'4" 16/z"8'p" 2/z" 15'0" 6'/4" 16'0" 18'/z" 15'0" 6'/4" 6'/4" 13'0" 18'/z' 15'0" 18" 22'0" 6'/z" 6'/4" 17'0" 20" 22'0" 6'/z° 25'0" 23" 30'0" 6'/z° 6'/z' 25'0" 23" •INSIDE CHARGING WHEEL FOR TUNNEL 30'0. 6'/z" TYPE INSTALLATIONS. SPRING ADJUSTING GEARS ON ALL EXCEPT PUSH-UP BETWEEN JAMBS OPERATIONS For all Rolling Doors • Grilles • Shutters I n t!� F G ate F w ' - ' Chain Crank Motor Manual Push-up 3 Thermalseal Model 300 B.T.U.$) indicating average U-value of Rounded Hood 78,which is equivalent to an R of 1.282. Hood Each slat (Slat #3) encloses 3/4" non- Servicing of the door curtain is facilitated Baffle burning polyurethane foam (UL94HF by the design of the Slat.In size and con- rated)...between front slat and 24 gauge figuration,Slat#3 is interchangeable with back slat..lnsulation has been subjected standard flat slats produced. by many to an independent laboratory testing major manufacturing firms in this industry. (ASTM C-236 Guarded Hot Box Tests, Higher R-Values available at extra charge. with average heat input equal to 239.83 Guide Weather- Neoprene internal stripping hood baffle prevents Flat air from passing Hood Baffle Slat through the hood. Design 0° Head Baffle Bottom Bars with Astragal �� � �''� W� Double AngleW4�� � n "4 fieg Extruded The bottom bar is weather-stripped with a Guides are weather-stripped with a neoprene Aluminum ea a••c neoprene loop astragal. sleeve as shown. + DOOR WIDTH R S T GUIDE DETAILS - 93/i -a 21/2" 41/4" 93/'" 822 3'/i 5'/+ MODEL 100 ® 200 . 300 22-30 4" 53/4" 93/4' Face of wall mounted(masonry) Steel Jamb"E"Guide Between Jamb Mounted 2"—+--3 ---� 3" T 1 1 V4 F — W4'---- I'----R For fastening to steel using machine bolts For manual push-up operated doors Rolled Form Masonry or Wood Jamb"Z"Guide Windlock Guides Between Jamb Pack-Out i i i i �R T S—�' � I„__R_J For For fastening to masonry using expansion When specified or for extreme windloads doors hain hoist,crank or motor operated bolts 5 S --� Penal-Warn% . , r L(o) 1684 Series ion ]et Toilet - On-Floor OR i i a 1684-W-2TA%?� Fixture May show Some Avallable options '♦ Siphon Jet Toilet - On-Floor' MxtUre Is arranged to be Installed on finished wall and serviced from q accessible perase. Optional Well Sleeve or Metal Template Is recommended for all Installations for required wall opnings, Fixture is fabri- nlri cated from 14 gage, type 304 stainless; steel and is seamless welded construction. Housing Is structurally reinforced and is sound-deadened with Fire-resistant material. Exterior has a satin nnlsh, except for the Integral contoured toilet seat,that has a sanitary high polish finish. There are no accessible voids or crevices where contraband can be concealed. Toilet has an elongated bowl and requires a minimum of 25 PSI flow pressure. Trap has a minimum or 3- 1/2" seal, and will pass a 2-1/8" ball. Toilet waste outlet is 2-3/8" diameter plain end. Toilet will operate with a 1.6 GPF flush valve. Regularly Furnished Items Include anchor bolts, washers and nuts, and mounting hardware for walls up to 8" thick. GUIDE SPECIFICATION Provide and install Acorn Penal-Want$ Siphon ]et Toilet, On-Fluor (specify model number and options). Fixture shall be fabficiated from 14 Wage, type 304 stainless steel. Construction shall oe seamless welded and exposed parts shall have a satin finish, except the Integral contoured toilet seat which shall have a san- itary high polish finish. Toilet shall ba concealed jet type with an elongated bowl and a self-draining flush- Ing rim. Toilet trap shall pass a 2-1/8" diameter ball and be fully enclosed. Toilet to flush with a 1.6 GPF bush valve. Fxturot shall withstand loadings of 5,000 pounds without permanent damage. Fixture shall be furnished with neces."ry fasteners for proper Installation. da.1684 ..._._....,.,.1 e _.__--._�]J n- .V. �__.�__ NvO. ® P.O. Box 3027 o City of Induatry,GA 91744-0527 U.S.A. tei�R e c e,i v e c T i e � u , 5 ,4; 4 47 PM(626) 961.2200 a www.acurnervc.com • e-meu, btfoe�+aeom®n®.cwn 0; Jun•5-o3 5:25PM; Page 4/7 Penal-Ware �f 1684 Series Siphon Set Toilet - Ori-Floor F # ��4+�� ��F (l►bh 4n ,g ,�n +. try ya a 1684-W-2 Fixture May Show Some Available Options Siphon Jet 'Toilet - On-Floor Fixture is arranged to be installed on finished wall and serviced from an accessible pipe chase. optional Wall Sleeve or Metal Template Is recommended for all Installations for required wall open%:igs, fixture is fabrl- cated frum 14 gn9e, type 304 stainless steel and Is seamless welded construction. Housing Is structurally relnforced and is sound-deadened with fire-resistant material. Exterior has a satin finish, except for the integral contoured toilet seat, that has a sanitary high polish finish. There are no accessible voids or crevices where contraband can be concealed. Toilet has an elongated bowl and requires a minimum of 25 PSI flow pressure. Trap has a minimum of 3- 1/2" seal, and will pass a 2-1/8" bail. Tollct waste outlet is 2-3/8" diameter plain end. Toilet will operate with a 1.6 GPF flush valve. Regularly Furnished Items Include anchor bolts, washers and nuts, and mounting hardware for walls up to 8'thick. GUIDE SPECIFICATION Provide and Install Acorn Penal-Wafer Siphon Jet Toilet, On-Fluor (specify model number and options). Fixture shell W fabricated from 14 page, type 304 stainless steel. Construction shall be seamless welded and exposed parts shall have a satin finish, except the integral contoured toilet seat which shall have a san- Itary high polish finish. Toilet shall be concealed jet type with an elongated bowl and a self-draining flush- ing rim. Tollo trap shall pass a 2-1,18" diameter ball and be fully enclosed. Toilet to flush with a 1.6 GPF flush valve. Fixture shall withstand loadings of 5,000 pounds without permanent damage. Fixture shall be furnished with noro.c ary fasteners for proper installation, CP _ P.168e - _..._.... I -o •- -9 {�Z► „�.� 9ve. 0 P.O. BOX 3527 a Clty of Industry, CA 91744-0S27 U.SJL Teti 6 via (1 @ 11 • •q; �+ •4 7 F h (626) 95 1-2200 0 www.acorn®na.com 0 E-msu t By: ; 0; Jun-5.03 5:24PM; Page 3 Penal-Ware® ` 1702 Series Washout Urinal r � -� �L o n� SIN-.•a.c►�r' At I. 1702-1--1-FV 1702-W-1 Fixture May Show Some Available Optlons sEffir Washout Urinal Fixture Is arranged to be installed on finished wall and serviced from an accessible pipe chase. Optlonal wall Sleeve or Metal T®mplate Is recommended for all installations for required wall openings. Fixture Is faori• sated from 14 gage, type 304 Stainless steel and is seamless welded construction. Exterior has a satin fin- Ish. Fixture is back wall weandown type, and Is optionally available with a continuous flushing rim that washes all four walls. Corners are coved to facilitate cleaning. P-trap is fully enclosed. Back of fixture is sound-deadened with fire-resistant rnAterial, There are no accessible void or crevices where contraband can be concealed. Urinal is washout type. Flushing connection Is 3/4" NPT male. Bottom Is sloped to an Integrally welded, high capacity, stainless steel beehive dome strainer. Waste outlet Is 1-1/2" O.D. plain end. Mounting Hardware is furnished for %valls up to B" thick. GUIDE SPECIFICATION Provide and Install Acorn Penal-WareCa Washout Urinal (specify model number and optlons). Urinal shall be back wall washdown type. Fixture shall be fabricated from 14 gage, type 304 stainless steel and shall have coved corners to facilitate cleaning. Bottom shall be sloped to an integrally welded, high capacity, stainless steel beehive dome strainer. Construction shall he sAamless welded and exterior surfaces shall have a satin finish. P-trap shall be fully enclosed. Waste outlet shall be 1.1/2"O.D. plain and. Fixture shall be furnished with necessary fasteners for proper installation. Flags P,179a"�� Acorn Enalgoaring Co. ®_Islas Proctor Ave. a P.O. 80)1 1527 a Clty of gnsustry, CA 01744.0527 U.S.A. Tel: rj C C l'�2 f-` T a(r�l irs ; t-ply[e2e)sex-aavv a www,ar.ameng.com • e-mml: Infoostornens o n Sent By: ; 0; .tun-5-03 5:24PM; Page 2 Meridian a m 3701 Series Meridian Stainless Steel Unl-Basin - ADA Compliant ii ��� '• yFyn� �a7 �''7'1�e '�, 1 Fixture May Show Some Available Options Meridiem Stainless Steel Uni-Basin - ADA Compliant Merldian Stainless Steel Unl-B®slns are engineered to combine (he look and feel of commercial-grade designer basins and countertops with► the durabillty and economy of group fixtures. Eijch standard height Washbasin compiles with ANSI, UFAS. and ADA requirements, .� Housing Is heavy gage, type 304 stainless steel and is polished to a satin finish. Countertop, backsplash and housing feature fully welded, seamless corners. Factory Installed Self-R mming Basin ;s of a round design, (15-3/4" diameter x 5"deep) and Includes a satin finish. Rim of basin is highlighted with a mirror finish. Basin includes grid strainer, waste piping and 1.1/2" P-trap. -H Hand Operatlon includes a thermostatic mixing valve with a backsplash mounted metering Alr=Control pushbutton and a backsplash mounted s.tainless steel tubular spout with a 0:5 GPM flow control. -SO Sensor Operation Includes an Individual solenoid valve activated by an infrared sensor with a thermo- static mixing valve and a deck mounted stainless steel tubular spout with a 0.5 GPM flow control. A plug- in transformer is Included. Antl-Scald Thermostatic Mixing Valve delivers a constant water temperature. Valve is factory preset to 105 degrees FahrAnhelt and Includes checkstop and Strainer assemblies. Operating range is 30-100 PSI. Off-Floor Modals include a trap enclosure to conceal hot and cold mixing valve asvembly and P-trap. Enclosure Is fabricated of heavy gage, type 304 stainless steel with a satin finish. Wall requires adequate backing tv support Washbasin. •PDM pump Typo Soap Dispenser Is optionally available far liquid and lotion type soaps. Dispenser is deck mounted with an under-the-counter reservoir and top Will feature for ease of maintenance, GUIDE SPECIFICATION Meridian Stainless Steel One-Person 'Nashbasin by Acorn (Specify model number and options). Unit with 34 standard height rim to conform with ANSI, UFAS and ADA Accessibility Standards. Washbasin to Include self-rimming round basin (15-3/4" diameter x 5" deep). Basin, eountertop, backsplash, apron and trap enclosure to be constructed of heavy gage, type 304 stainless steel with satin finish. Basin to include contrasting mirror finish on rim, Operation: (Specify) Provide pushbutton actuated Alr-Control metering valve with backsplash mounted stainless steel tubular spout. Washbasin to be furnished complete with the following: thermostatic mixing valve, checkstops, supply and waste connections to the wall and 1-1/2" P- trap, a Patented Page* Acorn Rn®ineoring co, • aSfas Proctor Ave. • P.O. 9*X 3637 m City of Industry, CA 91744-0521 U.B.A. Tel; (0.: . 1 i7 . le ( 7olg2g) 96i-22nu • www.aro. .enq.eern 9 E-mail: inf000corneng.corn No Lees Wall Mount water Cower VemMI-Roalstant, Barrier-Free Accoss Modes 08FAVAe8 K^ s3 QENe�I S814•cortanaa frail r,�rg ®attr's ra'riberasa, �►,�+yr s�'tt.e'. vandallresistard u,tt too 1.20 In r.7r, daniar,•d IS,fitt•,"tt Ar'A19 vancalislm fmy o•.v Rated 10i nCeor or cutduer tale. Stanieae steel corstrjtt:•�.: Rroviaes ,'a•t�a-res.yt.nt 6r.y!OSJ'e. ��,,r�r'q owloraloo slair4@i8 $lti►t'I '�4Y®' 6vwl n1 Frr:onts 4CIti�;3 I^gym ovnq Imena0 irrA Cd6191. 0e101d6C va'va '.ti',r t:w' r.IIC.y 'EgJ1101 erovtt�d t:CnSlpnl 81r68"' Vorr' 1,la tC, 7.24 0111 r;atPf clesa,lra.rroavy duty pair,CLtton zortrcIt'tsltda-ees Vart .,. 1 r nri r• 4 ``' t..,an AresB��28y CD01ing ttln{ ie s,BrCard I�Jon o 9•,+„i,4d', a;er;anM. � 10 s QC8100 a'ier ouoo®r,awe. so;rat 1ar,.iy sub,++ 1 10 'ire pre=Svf$ o-y when Part ciltel is presbee. �a THIS WATER COOLER COMPLIES WITH THE REQUIREMENTS � OP A.D.A. (AMERICANI WITH DISABILITIES ACT) WHEN M9491OSFAVR•8 PROPRALY INSTALLED. C� NO LEAD DESIGN THIS WATER COOLER COMPLIES WITH THE LEAD-FREE DEFINITION IN T140 SAFE DRINKING WATER ACT OF 1966 AND LEAD CONTAMINATION CONTROL ACT OF 190. j E1i®y Waver Wo'ers a'e ma'rractvea w'rr a v.a;erway s•sIv1; dtiltaing Tepper Comoonents and co-cletey'leads ees mate^& Th@9e CONSTRUCTION waterways ha%4 v 'eao ooc ajo all l9ad•cOnta rir•; r ate'i4 6, 3L:"1 Frame: Galvarvz,23 ar'jc':4ra' A r IcG irC as iewsJ brass.nave Cee" re-ov6d,All 10 nts are b•azio;s r g a Ke' caWnet parels. swat Orly, rIG leaci 6C,cat it petrn',too i s� RM,;r ',:':1' (M owily gem^i0'e 3Creen 18 QfOyiCBtl to 811VI/ t'mi. q ari,j Cwten-6rrt Fountain Top: Ore ple.e &allies& steal IX, ca "fry t4. d remo at of Water,born carl'Culat6 C''l 140 f6i.rG'18 a•ld Iar:�6•' Or?" to EIKt'r J':Q",r tuSl°r 1'6 "t, Egsri lim, ir'!rfa d-ar g J. e^'CC'3slao t'4,f enlfy 1^lo 111®.'h6lof 4 IOr, 1: baler Cad. ACITIES CHART Vandal•Realatant Bubbler- NeR,,y djt'r• f'MgeO RtPtr r+rN Pip, ICev3d '�:;� p08ib;r to pre,'er1 io:atl,'1. Ivtee:s UL (AQLh4mdf:;5 ir'd AbwTempo+®tA'P full 1 1 1e1. al sr)"Ar,Carves, elodel will" ;Rae 10 601P WP 100'f Relid Loed•Compl f1(Ier ►+ Lbs, Nwrow hlle wo (71'C1139'Cy(�!'C} (M,C1 Watts Amps e9 pl Cooler IX1.1 CebineC CAt.inet(jesigr' gPrtYs for f Gan tj vial' mc•Lr J,1,j ,Gc•):s spac-a is rsrauir d rCILd@s t)07I0111 COv9' 0 at9 '8:'f rNri .V Ir !t '! :7! 5• is ' vz�dt,-rB55-.art$Grey+; lorr t:7 Set if1,[It ii' 1'1 +; hi. Color Selootivn: Sty rles5 s'fel rLmveJ as iiandd'C "3a56a on Vil 9 r<, ALSO AVAILABLE MODEL, Ot3PAVF1•is'A•t3: a8^*.' 8:. (t1ti.,r,1 Abir;!, '1CIvd 3 e.Bl R9;etl.'a'is 1"�`'v^9r0 49�!CI Cn�C'lf8:Cnel' 'as'iS'4n•, Vvrg eferriprt Tewd :�' 3c"' F (.0' C, 'ill'1 f•� �';Ind �1 AAI Standa,l 1�11 Lt�"'�tC•y..5oecb. ¢pr,icari% -.0, �Ya'1,;'1b "e 3nec j' /t]' areas 'A'ne'e :I'�1 It?"1Cd'atV'e 'rYlt :C(.'aglQ'l91'i ':gyp 10 act.si wa"s"rwreo ri,ho'�•.1Na!tc co^s�r"tad M4 be c.Wd 0^ ^4ef fr®az ny u' a 8nf,,,oe od a't rr++ 01 psoole sin'ed Aer low f,saw, ir"t eel! Iv y-wer 6YEAR WMIT110 WARRANTY tin ale t!h'Qsr4''4r s;s:3 of tn'i 4ri1 tt►rnFtre,�ro E�e.tri•,A' ce��p,nents a^d Yr�t:?r:;yg'er^d"e Y,�r8.n�5:"0• '2 mr'r;he ffo-Ume Of Insta'labor...Samale.e'ti!wata d:ilil�:J'@ t;n rydu2tit. COOUNG SYSTEM : Motor Comproosor: tirarr S1 C8'y Sda19C, reci 'om rq IyC* Emay Aressu-a-i1'pe Water Coole's wt: deg,Ungfl t0'?�,VA!F 2C pi 1t6 V060 Ht and Z20 V I(150 Hz, s,rglte phase yealr -11 1re71''E i1S8 K'aa} 10 '05 as !"24 Kai suocy 1:ne 0106.11 1'f^let C'essi'a pil sdppiy. Eg6ippe0 win 4 dQttlC core and thrse ,,,:rtg ro! ed is move C5 pal (;2s KPa), a 0'a��,.,P rBQJ'atfN mJst n- rasa'eo s'.1c'y ln . Ary Mag c .LSQJ C" (MIO') Q0'leCt rgrV0D8r plug 1'1•s proa:cl to BUCtpw line csr9SSj'es lower Tan 20 0V (•22 'Pal Of Condonoon Can CoVed, Capper Uu vri�t f n, Far• m:,1ar 1per Than 1.5 ps (41=Ko81 is nrat'04140 t)y t'le'�.$'1d'It,, l8 pBrn a'ten�y ILbIICBtiod. Nela: in I;eepina tvriln wr 00lwy Of cQ'ltrul'1,,1 gr,j.,C; I1^::•c•:en••ert Cooling Unit;0omOiniflio"1:uba.tark tyoe. 0ta;ivrri3:cr;imps ka';rrassfY9S Ire rIgM to c,I'arge ma;®rialta,r2es qr u•c yr,Br,•!icatOf' co', or mop, t4in- N'y i^6u coo wive EPS loam WI^IC11 11`1110 Without N1.46, Qrpprvfrll®rs Labanivies road rir^@^ti 10,Self 941,ipsri•ig mcerla'. EikwA, E'eciric Air Coo40 VNdtBr i;rr'±Tara srra If led ��' U7 le'�t r:era Platrigorant Control; Rof,iiyws9t HFC•1.4a It 'V'.rMii40 D '0-valor es. aoglt0vecl ly :"S:A. isle—: w;►` A,g. . CC�r8t91J C4lt0�tRd V4p'Ilart+;t,b+e tC+ slt'vely t'C,rb'e f►ee oaa'a;or; Slaroird 'J•C a^ci rail a,�,..n:)r-,i a lefa, and slats pl�n1�ind c,la. p rature Control; E^c':sec aC,,,4180'e ;I^+r n cstat a fd;tC1, et, Ro%rijs no a7.43t^len: cl.,er than to a•uluoe, 104-,i'e.merts. Essl,y accawo'a. a Elkav Manufacturing Comrianv 2222 Camden Court Prlrned in U S A Meridian ;: l 3701 Series Meridian Stainless Steel Uni-Basin - ADA Compliant ;n i�4 � •N"►,1 ter: f Fixture May Show Soma Available Options Meridian Stainless Steel Unl-Basin - ADA Compliant Meridian Stainless Steel Unl-Baslns are engineered to combine the look and feel of commercial-grade designer basins and countertops with the durability and economy of group fixtures. Each standard helght Washl;asln compiles with ANSI, UFAS.and ADA requirements, •� Housing Is heavy gage, type 304 stainless steel and is polished to a satin finish. Countertop, backsplash and housing feature fully welded, seamless corners. Factory Installed Self-Rimming Basin ;s of a round design, (15-3/4"diameter x 5"deep) and Includes a satin finish. Rim of basin is highlighted with a mirror finish. Basin includes grid strainer, waste piping and 1-1/2" P-trap. -H Hand Operation includes a thermostatic mixing valve with a backsplash mounted metering Air-Control pushbutton and a backsplash mounted stainless steel tubular spout with a 0.5 GPM flow control. -SO Sensor Operation Includes an individual solenoid valve activated by an Infrared sensor with a thermo- static mixing valve and a deck mounted stainless steel tubular spout with a 0.5 GPM now control. A plug- in transfomer Is Included. Anti-Scald Thermostatic Mixing Valve delivers a constant water temperature. Valve Is factory Preset to 105 degrees Fahrenheit and includes checkstop and strainer assemblies. Operating range It. 30-100 PSI, Off-Floor Models include a trap enclosure to conceal hot and cold mixing valve as:;embly and P-trap. Enclosure Is fabricated of heavy gage, type 304 stainless steel with a satin finish. Wall requires adequate backing to support Washbasin. -POM Pump'Type Soap Dispenser Is optionally available for liquid and lotion type soap:;. Dispenser is deck mounted with an under-the'-counter reservoir and top Will facture for ease of maintenance, GUIDE SPECIFICA170N Meridian Stainless Steel One-Person '64ashbasin by Acorn (Specify model number and options). Unit with 34" standard height rim to conform with ANSI, UFAS and ADA AccessiblNty Standards. Washbasin to Include self-rimming round basin (15-3/4" diameter x 5" deep). Basin, countertop, backsplash, apron and trap enclosure to be constructed of heavy gage, type 3.04 stainless steel with satin flnl:oh. Basin to include contrasting mirror finish on rim. Operation: (Specify) Provide pushbutton actuated Air-Control metering valve with backsplash mounted stainless steel tubular spout. Washbasin to be furnlshed complete with the following: thermostatic mixing valve, checkstops, supply and waste connections to the wall and 1-1/2" P- trap. I Patented 1P:)ge## M.3701 Acorn tnginewlno ce, • 16126 Pr,actor Ave. o P,p, eox 3527 a City of industry, CA 91744-1)S21 U.S.A. Teli (y f'-p I V,4 I I "i Qi; i u fi .l� It : 4 J p'`{126)961-2200 • Www.acorneng.eem r E-mall: info®aeerneng.com i Sent By: ; 0; Jun-5-03 5:24PM; Page 3 Penal-Ware® r, 1702 Series Washout Urinal i 1702-T-1-FV (— 1702-w-1 Fixture May Show Some Available Options M, e= MR, Washout Urinal Fixture Is arranged to be installed on finished wall and serviced from an accessible pipe chase. Optional Wall Sleeve or Metal Template is recommended for all Installations for required wall openings. Fixture Is fabri- cated from 14 gage, type 304 stainless steel and Is seamless welded construction. Exterior has a Satin fin- ish. Fixture Is back wall washdown type, and Is optionally available with a continuous flushing rim that washes all four walls, Corners are coved to facilitate cleaning, P-trap is fully enclosel. Back of fixture 's sound-deadened with flre-reslstant material. There are no accessible voids or crevices where contraband can be concealed. Urinal Is woshout type. Flushing connection Is 3/4"NPT male: Bottom is sloped to an Integrally welded, high capacity, stainless steel beehive donne strainer. Waste outlet Is 1-1/2" O.D. plain end. Mounting Hardware is furnished for waits up to 8" thick, GUIDE SPECIFICATION Provide and install Acorn Penal-Ware{� Washout Urinal (specify model number and options). Urinal shall be back wall washdown type, Fixture shall be fabricated from 14 gage, type 304 stainless steel and shall have coved corners to facilitate cleaning. Bottom shall be sloped to an Integrally welded, high capacity, stainless steel beehive dome strainer. Construction shall be seamless welded and exterior surfaces shall have a satin finish, P-trap shall be fully enclosed. Waste outlet shall be 1-1/2"Q.D. plain end. Fixture shall be furnished with necessary fasteners for proper installation. P.1702 �� Acorn Engineering Co. • 15125 Proctor Ave. s P.O. DOX 3IS27 v Gty of Industry, CA 817A4,0527 U.S.A. Tel: -1 I (fl 'Tin �V a .is- ..; )-tf(416) 901-aaoo 0 www.acomang.com 6 C-MAIIi 1nfooncorneng.com Penal-Ware® PFMi" i 4 g A M I '^.... Y. 1684 Series S �v Siphon )et Toilet - On-floor s 1 1684-W-Z Vk fixture May Show Some Available Options OR xgs n Siplion Jet Toilet - On-Floor Fixture Is arranged to be installed on nnished wall and serviced from an accessible pipe 1-hase. Optional Wall • Sleeve ar Metal Template Is recommended for all installations for roquired wall openings. Fixture Is fabrl- toted frorn 14 gage, type 304 stainless Steel and is seamless welde4 construction. Housing Is structurally reinforced and is sound-deadened with fire-reslstant material. Exterior has a satin finish, except for the Integral contoured toilet seat,that has a sanitary high polish finish.The;u are no accessible voids or crevices where contraband can be concealed. Toilet hds an elongated bowl and requires a minimum of 25 PSI flow pressure, Trap has a minimum of 3- 1/2" seal, and will pass a 2-1/8" ball, Toilet waste outlet is 2-3/8" diameter plain encl. Toilet will operate with a 1.6 GPr flush valve. Regularly Furnlshed items Include anchor bolts, washers and nuts, ar4d mounting hardware for walls up to V thick. GUIDE SPECIFICATION Provide and install Acorn Penal-WarcO) Siphon )et Toilet, On-Floor (specify model number and options). Fixture shall be fabricated from 14 gage, type 304 stainless steel. Construction shall be seamless welded and expo5ed parts shall have a satin finish, except the integral contoured toilet seat which shall have a san- Itary high Polish f+hish. Toilet shall be concealed ]et type with an elongated bowl and a self-draining flush- Ing rim. Toilet trap shall pass a 2-1j8" diameter ball and be fully enclosed. Toilet to flush with a 1.6 GPF flush valve. Fixture rhall withstand loadings of 5,000 pounds without permanent damage. Fixture shall be furnished with nPreeury fazteners ror proper installation. 120 m __e P.1684 - 1 ° ^--`--- '-g - K'2! ~- - '1ve, 0 P.O. box 3517 0 City of Industry, CA 91744•0GZ7 U.S.A. Tel:F E C e"l' 5 d T l m e t a f1,. d •4 4 i!��r�(8Z6) 961-Z2o0 a WWW.aCOr1�e»�.wm a e-mail: l nPot�atomen0.ca:� No Lead Wall Mount Water Cooler Vandal-Resistant, Barrier-Free Access Model ®BFAVR->s .y 'n.. s":' • ' .. ,;_ : � tit t .�,,r �.a. R • x � J 0 OPE1J $PAGE POUf;H•uJ :_SIGN PERI:11T5 NEW INSTA_�A7,0� OF kEPLACEt�'E\T OF EXI;TINr' rr' •�✓'ITHIV 'I E f,IT�I�fc 5HC%rlN THE LOSAT %AVA'LAELE;S F Gh1 1&34 TO 30.14-:AC;M F )R WrE\COOLED SO OJRS 0 qy'SHOWNKAYG COOLER WHEN ROJCH•IN IS J)F CEV'EPI I\r, ADDI-IONAL AgEA. I;AVA:LAELE AT UPFE; RIGMT AS SHOWN, H 4VF1^LOC i ' 1.3.g'70 7.7- F�rF.LSE LINT L AFT_;A\E>;AkiINA?ION OF ( /EA. OIPZ� 7 AC;ESS FOF.:r.JA9Q FROV W4,L_ IS RESTti,GTED At,() SHOO;D CEO C00_EP HAS 8F-LN r.IADE, I:NM LER PLEASE NOT_ IMPQRTANT THIS WATER C;j;iIF.R HAS;EE\DESi N=D A 3:;ILT T0=ROV;DE WATER-O THE JSER M-ICH HAS`.OT BEEN ALTIMEO P'/MAT_q:ALS iN--+c CCO'_ER'r+'AT=R b"1AvS. 'hE GPCWNJ NG �F =LECTF.ICAL E0.11=MENT SJCH AS TE_EPHONE, CO'A°UT=FS, ETC.'R*,4VA'FA LINES :S A IXIAW 11� FROCEC RE THIS GnCVNDI'.G „Ar BE IN'HE 3XLD.KG BUT VAv A,SO OCCUR ArYiy FROM THE 6JILD.11--TH S Gg0UN01,N10 CAN CAI.cE 2LEC:TP.ICAL FHDBE CK INTO A WATER COOLEF,CREATING AN ELECTROLYS.$ WHICH CREn ES A.%;=-A_L.0 TASTE OR CAUSES AN I\CREASE IN Teti:IdETAL C,ONTE,%-0= ,THE WATER.THIS CC11=,T10'I iS.4VO;DA2L=BY IJSTAL-ING,THE CCCI-= 1jS.NG -:!E PF'0:�=q,'.IA-EFIALS AS$H(AVII PI:LC)W NOT.CE -S i COOLER %10 T c(;ryNN C?ED"C THE 1/ATEP SJPPLIM=ETSTHISPEQ,;IGF4EIjT ' 15ING A DIELECTRIC GOJ"LING.THE COOLER IS ELFMSH=C'd',TH A Ni! •1.tETA:- IC.; R Uf�S,q WM CH •THE DPAIN-RAP'v."HIGi In aq;1V C,ED Wy THE INSTALLER SHOULD ALSO 5E PLASTIC TO COVP'_ETELY ISpLATE 7:wE(00.EA FA.1,,THE OUI-DING'LCV3ING SvSTEM i,D.•.LeF 3 3 DD 7LB6 CON'.EC7 TC,_oo�sR e'oT�ER; EJ LD:r.ra WATER OPERATION OF QUICK CONNECT FITTINGS C. 111-9 `•Q y WOTF a= CIS`! � r C 0A=r_T;01. J =EFv:ESTOP -- .0 -:Fr.IS rcol V; OA= -E �5 Try a::Ea;=TSB= 'B•15.1c' 14Z1r"im; 1 ? �a1 • 1, :rim; + 4 I -1AIJGGR G.P. I I ( BgACSc \ G OLy � •rA �''3nr.I 2 S� �OCAT ON I i j+!i c. y 1 V ST!15- 1 "3.9r-..T I I-•— c 1 - OJ- FT RONtN:A_L 5:rtrtr I �1 ,�.— .. — IAPyr,,.,,, Y` 14 pP•P.(;P I r213mr.i 32r-,VYASTE~ I I 33-:'b I 37^Im 3p3a I 3,4 I 2,.,E 1 rr I I (rG � 114CR1mi \ T 1 7 Ip I t 'aa3•nro: � » FDA 9a;�u'grrer'. 1\ (38 t3;'::RE 19 \, 7 :6 6(") T.,pl c5 FOB I 1346m'n) i =AjT=NIh:3 f 322-r.�l Xc. Tc�VVA L 'Tr e��m PLOD'�rrJE I t 1-- OTE'A I;:11 CO-3:h(s Cis;er w1m hrc— NOTE:l;ISJ;c FRCP=q VE\'. LATIOI•I SY:'AINTA.FJI'.G CLEAFANCE FRO41 GABIN_T!0L+)ERS TO IV*ALL ON=.;(.hi May manufacturing Company �222 Camden COl ft Pru-IIuU in U. ;.n. (Rev.Mg) 12-19A Oak Brook, IL 60523 ,_11 i,7 Elko Mtn.Cn sO o i n$n E' U O m� C x m v. -. /�� E n x m m a Nrid ms j p yy$ •K U C L'L I 3 `I 80 I G_ x vQIH07a `H3vaEl vixv� = �_ �> 5 RR, i I Y C r q Y j> 9i k i coV l Wo O .E SgllrIIOVJ NOOHHZVg ��� - �L - O. •C � vo 1 `T FA.0 Z 001 n a � •a o I I I I >" NQ I U � I V 10 a' w O r— iL —L m U-" I n n O ��j LJQ.i go I S J U OD W V/a I �� I WM e ® N W O I` 1 0 L to IaI • v• v .• .(. � Y .0-,9Z a }3 Qx a cr le 00 �cr m m �O om y �Q m2 tLLI o Na O co U O_ O N �J Z la. e d R i-r I N „Z—,4Z W 3JVHO1S o ° a UJ cr w .. o 2 R m o z cc w n LU o N ao �Er ° ® t ,L-,4 w a O N J U r-- ;gin I 210 in in I M M J 0 LL � � I a 8-,f �p- °' a I = Z O N w , M O B , ' l a zo kEd Ln ® Q W �D 2 to w _j (nIf r 0.-- 0-,9Z v L V W ac I Li N F W ! v LLI O r r Q ; w : W N �++ 3 M w b� N Z '+ W 0 � %+J N� N •�p 4 m t harr+..,izss Shoe D) ASTM D-2240 75-80 CC)mpressive Strength ASTM D-695 17,500 psi ASTM C-579 12,500 psi Tensile Strength ASTM D-638 4,000 psi ASTM C-307 2,600 psi Tensile Elongation ASTM D-638 7.50% Flexural Strength ASTM D-790 6,250 psi ASTM C-580 4,500 psi Flexural Modulus of Elasticity ASTM D-790 6.2 x 10 Linear Shrinkage ASTM D-2566 0.02% Linear Expansion ASTM D-696 2 x 10" Bond Strength to Concrete ASTM D4541 400 psi substrate fails Indentation ML D-3134 .025 MAX Impact Resistance ML D-3134 Pass Water Abso tion ASTM D-570 0.04% Heat Resistance Limitation 140017-200OF Flammability ASTM D-570 Self Extinguishing Flame S read/NFPA 101 ASTM E-84 Class B Abrasion Resistance ASTM C-501 CS17 Wheel 1000 GM Load 1000 Cycles 24 mg loss Coefficient of Friction ASTM D-2047 Standard Slip-Resistant 0.9 Orange Peel 0.8 Smooth 0.7 •_ *Pot Life is shorter at higher temperatures. Do not use below 55°F or above 95°F. **Cold Cure Hardener to be used for applications between 40'and 55°F. SPECIAL PURPOSE FORMULATIONS MOISTURE CONCERNS DUR-A-GLAZE #4 "Regular" - For most typical Moisture vapor transmission in the slab should be installations under normal conditions. measured prior to application of polymeric systems to DUR-A-GLAZE #4 "Cold Cure" - For cold area ensure a long lasting, durable installation. Please refer applications when temperature can not be maintained to the master "Moisture Guidelines" for more over 50°F, and when a more rapid cure is required at information. normal temperatures. This will amber as topcoat. DUR-A-GLAZE #4 "Fast" — Use for intermediate DRAWINGS AND DETAILS coats in room temperature areas where fast turnaround Standard CAD drawings and details are available for is desired. This will amber as a topcoat. coves, drains, breaches, transitions, etc. Please refer to DUR-A-GLAZE #4 "Water Clear" - Ideal for the master "Drawings and Details" guide for actual topcoating quartz floors. Has excellent color retention. drawings. May be used in warm temperatures when longer pot life is required. CLEANING DUR-A-GLAZE #4 "Damp Primer" - For use as a This product is considered a low maintenance flooring Prime Coat or a Base Coat on new concrete(28 to 120 solution, however, certain textures and service days old) or freshly acid etched concrete, or when a environments do require certain procedures. Please surface can not be dried thoroughly. refer to the master"Cleaning Guide". DUR-A-GLAZE #4 "Kitchen" — For use with Q I I aggregate in areas where thermal cycling from 32°F to CAUTION 200°F and exposure to food spillage is expected. Follow the Hazardous Materials Identification System Contains Bio-PruM. labeling guide for proper personal protective equipment to use when handling this product. Use only as directed. KEEP OUT OF REACH OF CHILDREN. Before using any DUR A-FLEX,Ina product, be sure the Material Safety Data Sheet is read and understood PERFORMANCE FLOORING SOLUTIONS � •�© �� o ���® PRODUCT DATA SHEET Epomirs•/1+i1i1bMA•URETHANES 95 Goodwin Street �OLORED QUARTZAGGREGATEs East Hartford, CT 06108 Tel: 800.253-3539 • fax: 860-528-2802 Internet: http://www.dur-a-flex.com E-mail: Info@dur-a-flex.com D tlJ R-A-QUARTZ FLOOR SYSTEM DESCRIPTION SURFACE PREPARATION DUR-A-QUARTZ EPDXY FLOORING is a This product requires preparation in order to perform as combination of Q-28 or Q-11 Colored Quartz Aggregate expected. Substrate must be profiled, clean,sound,and fused together during application into a seamless dry. Substrate must be primed with DUR-A-SHIELD, surface, with specially formulated, high quality, clear, DUR-A-PDXY HIGH GLOSS, or DUR-A-GLAZE 100% solids, epoxy formulation. DUR-A-QUARTZ TIE-COAT. Please refer to the master "Surface Epoxy Flooring will protect a new floor from industrial Preparation Guide"for more information. abuse and harsh chemical spillage, and will restore the old floor to a better than new condition. It is available APPLICATION METHOD/SPREAD RATE in three different textures: standard non-skid, orange DUR-A-QUARTZ is applied with a roller, squeegee or peel and smooth. trowel. A typical yield at a nominal 1/8" thickness is approximately 30 Sq. Ft.per gallon of epoxy and 3/4 of ,,BENEFITS a lb. of DUR-A-QUARTZ aggregate per Sq Ft. See • Excellent Clarity DUR-A-QUARTZ BM application instruction sheet for • Low Odor complete instructions. • Meets USDA,FDA,OSHA standards • Superior Adhesion LIMITATIONS • Superior Chemical Resistance This product is best suited for application in • Easy Maintenance temperatures between 55°F and 95• F. Substrate must be clean, sound and dry. Custom quartz blends should ® COLORS stay within the color range of the existing.18 standard DUR-A-QUARTZ decorative aggregate is available in blends. DUR-A-GLAZE #4"Water Clear"or DUR-A- 18 blended and 18 solid colors and in two sizes. Color GLAZE KITCHEN resin must be used for topcoats over options are standard colors and custom color blends. DUR-A-QUARTZ aggregate to retain color clarity of Please refer to Quartz Color Selector Chart. floor. Commercial kitchen applications must be at least 3/16"in thickness and broadcasted with Q-I I aggregate. TYPICAL USES Eroded or spalled areas must be "filled and leveled" DUR-A-QUARTZ Epoxy Flooring is designed for use with an epoxy grout composed of DUR-A-GLAZE #4 wherever USDA,OSHA,FDA and EPA standards must and aggregate. be met. It can be applied on most any type of sound PACKAGING substrate including concrete, quarry tile, brick pavers, steel decks, plywood floors, etc. Typical areas of DUR-A-QUARTZ Epoxy Flooring is available in DUR- A-GLAZE#4 Resin/Hardener: 1 gallon cans, 5 gallon application: pails, and 50 gallon drums. DUR-A-QUARTZ • Pharmaceutical Plants Aggregate is available in 50 lb bags. • Food Processing Plants CHEMICAL RESISTANCE • Commercial Kitchens This product is resistant to many common chemicals. • Shower&Locker Rooms Please refer to the master "Chemical Resistance • Laboratories Chart" for actual resistance to specific • Clean Rooms chemicals/reagents. • Animal Care Areas • Cook/Chill Areas GUIDE SPECIFICATIONS This product is part of the DUR-A-FLEX family of polymer systems. Please refer to the master "Specifier's Guide"for three part guide specifications. "Warranties: Seller warrants that its goods,as described on the face hereof,are free from any defects in material or workmanship. Seller makes no other warranty,express or implied,and all implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed. Seller shall not be liable for prospective profits or special indirect or'consequential damages. Seller's sole liability and buyer's exclusive remedy for breach of any warranty as expressly limited,at seller's option,to replacement at the original F.O.B.point or refund of purchase price. Seller shall not be responsible for any claim resulting from failure to utilize product in the manner in which it was intended and in accordance with instruction provided for use of product. Any claim for breach of warranty shall be deemed waived unless buyer shall give seller written notice of such claim within sixty(60)days after delivery and shall allow seller reasonable opportunity to investigate claim and r s Hardness(Shore D ASTM D-2240 75-80 Compressive Strength ASTM D-695 17,500 psi ASTM C-579 12,500 psi Tensile Strength ASTM D-638 4,000 psi ASTM C-307 2,600 psi Tensile Elongation ASTM D-638 7.50% Flexural Strength ASTM D-790 6,250 psi ASTM C-580 4,500 si Flexural Modulus of Elasticity ASTM D-790 6.2 X 10 Linear Shrinkage ASTM D-2566 0.02% Linear Expansion ASTM D-696 2 X 10" Bond Strength to Concrete ASTM D-4541, 400 psi substrate fails Indentation ML D-3134 .025 MAX impact Resistance ML D-3134 Pass Water Absorption ASTM D-570 0.04% Heat Resistance Limitation 140OF-200OF Flammability ASTM D-570 Self Extinguishing Flame S read/NFPA 101 ASTM E-84 Class B Abrasion Resistance ASTM -501 CS17 Wheel 1000 GM Load 1000 Cycles 24 ing loss Coefficient of Friction ASTM D-2047 Standard Slip-Resistant 0.0.8 Orange Peel ® Smooth 0.7 *Pot Life is shorter at higher temperatures. Do not use below 55°F or above 95°F. Cold Cure Hardener to be used for applications between 40"and 55°F. SPECIAL PURPOSE FORMULATIONS MOISTURE CONCERNS DUR-A-GLAZE #4 "Regular" — For most typical Moisture vapor transmission in the slab should be installations under normal conditions. measured prior to application of polymeric systems to DUR-A-GLAZE #4 "Cold Cure" - For cold area ensure a long lasting, durable installation. Please refer applications when temperature can not be maintained to the master "Moisture Guidelines" for more over 50°F, and when a more rapid cure is required at information. normal temperatures. This will amber as topcoat. DUR-A-GLAZE #4 "Fast" — Use for intermediate DRAWINGS AND DETAILS coats in room temperature areas where fast turnaround Standard CAD drawings and details are available for is desired. This will amber as a topcoat. coves, drains, breaches, transitions, etc. Please refer to DUR-A-GLAZE #4 "Water Clear" - Ideal for the master "Drawings and Details" guide for actual topcoating quartz floors. Has excellent color retention. drawings. May be used in warm temperatures when longer pot life is required. CLEANING DUR-A-GLAZE #4 "Damp Primer" - For use as a This product is considered a low maintenance flooring Prime Coat or a Base Coat on new concrete (28 to 120 solution, however, certain textures and service days old) or freshly acid etched concrete, or when a environments do require certain procedures. Please surface can not be dried thoroughly. refer to the master"Cleaning Guide". DUR-A-GLAZE #4 "Kitchen" — For use with Q I I aggregate in areas where thermal cycling from 32°F to CAUTION 200°F and exposure to food spillage is expected. Follow the Hazardous Materials Identification System Contains Bio-PrufV. labeling guide for proper personal protective equipment to use when handling this product. Use only as directed. KEEP OUT OF REACH OF CHILDREN. Before using any DUR A-FLEX,Inc.product,be sure the Material Safety Data Sheet is read and understood i swin,nrPr) n in MIAIdl-DADS COUNTY,FLORIDA M I A M Iril METRO-DADS FLAGLER BUILDING BUILDING CODE COMPLIANCE OFFICE METRO-DADS FLAGLBR BUILDING ® 140 WEST FLAGLER STREET,SUITE 1603 MIAMI,FLORIDA 33130-1563 PRODUCT CONTROL NOTICE OF ACCEPTANCE (305)375.2901 FAX(305)315.2908 Pittsburgh Corning Corporation coivTaarrolt LICENSING FAX AX(30 SECTION (305)375-2527 (305)375-2558 800 Presque Isle Drive CONTRACTOR ENIFoecEMENT vmsloN Pittsburgh IPA 15239 (305)375-2966 FAX(305)375-2908 PRODUCT CONTROL DIVISION9 (305)375.2902 FAX(305) Your application for Notice of Acceptance(NOA)of: KWIKIN EZ Silicone System _ under Chapter$ of the Code of Miami-Dade County governing ended forof Aac p�te�by the M ax�a Dadeaterials and Types £ Construction, and completely described herein,has been County Building Code Compliance Office(BCCO)under the conditions specified herein. This.NOA shall not be valid after the expiration date stated below. BCCO reserves the right to securef this product or material at any time from a jobsite or manufacturer's plant for quality control testing• product or material fails to perform in the approved manner, BCCO may revoke, modify, or suspe F iths use of such product or material immediately. BCCO reserves the right to revoke this approval, determined by BCCO that this product or material fails to meet the requirements of the South Florida Building Cade. The expense of such testing will be incurred by the manufacturer. ACCEPTANCE NO.: 01-0928.01 Raul Rodriguez EXPIRES: 12/21/2006 Chief Product Control Division THIS IS THE COVERSHEET SEE ADDMON GES P®R SPECIFIC AND GENERAL BUILDING CODE&PRODUCT ItEVIEV�COMMITTEE This application for Product Approval has been reviewed by the BCCO and approved u aerdlb the Building set Code and Product Review Committee to be used in Miami-Dade County, Florida forth above. Francisco J. Quintana, R.A. Director Miami-Dade County APPROVED: 11/29/2001 Building Code Complia► ce Office Ns04500011pc200011templaceslnodce acceptance cover paja.dot Internet mail address: postmasters@buildingcodeonline.com Homepage: i�ttpalwww.buiidiugcodeonllnC.cUtn -------------------- ------ -------------------------------------------------- h Pittsburg Corniti�Corporation ACCEPTANCE NO: 01-0928.01 ® APPROVED: ROY EXPIRES: 12/21/2006 NOTICE OF ACCEPTANCE: SPECIFIC CONDITIONS 1. SCOPE 1.1 This renews the Notice of Acceptance No. 99-0105.01, which was issued on 02/18/99. It approves a Glass Blocks as described in Section 2 of this Notice of Acceptance, designed to comply with the South Florida Building Code, 1994 Edition for Miami-Dade County, (SFBC). For the locations where the pressure requirements,as determined by SFBC Chapter 23,do not exceed the design pressure- rating values indicated in the approved drawings. 2. PRODUCT DESCRIPTION 2.1 The Pittsburgh Coining Thickset Glass Blocks shall be fabricated and used in strict compliance with the following documents:Drawing#A,titled"KWIK'N EZ Silicone System with Thickset Series Glass Block",prepared by Pittsburgh Corning Corporation,dated 10/29/98, sheet 1 of 1. The drawing shall bear the Miami-Dade County Product Control Approval stamp with the Notice of Acceptance number and approval date by the Miami-Dade C�unty Product Control Division. These documents shall hereinafter be referred to as approved drawings. 3. LIMITATIONS 3.1 The Glass Blocks are for use as non-loud bearing walls. 4. INSTALLATION 4.1 The Pittsburgh Corning Glass 13locks shall be installed in strict compliance with the approved drawings. 4.2 The installation of this product will not require a Hurricane Protection System. 5. LABELING 5.1 Each block shall be permanently labeled with the manufacturer's name or logo and the Miami-Dade County Logo. 6. BUILDING PERM1T REQUIREMENTS 6.1 Application for Building Permit shall be accompanied by copies of the following: 6.1.1 This Notice of Acceptance 6.1.2 Duplicate copies of the approved drawings,as identified to show the components selected for the proposed installation. 6.1.3 Any other documents required by the Building Official or the SFBC in order to properly evaluate the installation of this product. Candido Font, PE, Sr. Product Control Examiner Product Control Division .2- -------------- lli 14i�GCJL GO: 4G 7�+4-47.7'rci4C ._CfC KliYl`.tf: 1-r-:�G OJ Pittsburd Corning Corporation ACCEPTANCE NO: 01-0928.01 ® APPROVED.. Nov z� 9 2001 EXPIRES: 12/21/2006 NOTICE OF ACCEPTANCE STANDARD CONDITIONS 1. Renewal of this Acceptance(approval)shall be considered after a renewal application has been filed and the original submitted documentation, including test-supporting data,engineering documents,are no older than eight(8)years. 2. Any and all approved products shall be permanently labeled with the manufacturer's name,city,state, and the following statement: "Miami-Dade County Product Control Approved",or as specifically stated in the specific conditions of this Acceptance. 3. Renewals of Acceptance will not be considered if: a) There has been a change in the South Florida Building Code affecting the evaluation of this product and the product is not in compliance with the code changes; b) The product is no longer the saute product(identical)as the one originally approved; c) If the Acceptance holder has not complied with all the requirements of this acceptance, including the correct installation of the product; d) The engineer who originally prepared,signed and sealed the required documentation initially submitted is no longer practicing the engineering profession, 4. Any revision or change in the materials, use,and/or manufacture of the product or process shall automatically be ® cause for termination of this Acceptance,unless prior written approval has been;requested(through the filing of a revision application with appropriate fee)and granted by this office. 5. Any of the following shall also be grounds for removal of this Acceptance: a) Unsatisfactory performance of this product or process. b) Misuse of this Acceptance as an endorsement of any product,for sales,advertising or any other purpose. 6. The Notice of Acceptance number preceded by-the words Miami-Dade County,Florida,and followed by the expiration date may be displayed in advertising literature. if any portion of the Notice of Acceptance is displayed, then it shall be done in its entirety. 7. A copy of this Acceptance as well as approved drawings and other documents,where it applies,shall be provided to the user by the manufacturer or its distributors and shall be available for inspection at the job site at all time. The engineer need not reseal the copies. 8. Failure to comply with any section of this Acceptance shall be cause for termination and removal of Acceptance, 9. This Notice of Acceptance consists of pages 1,2 and this last page 3. Candido Font,PE,Sr.Product Control Examiner Product Control Division END OF THIS ACCEPTANCE 11/14/2002 08:48 954-493-7840 CSR RINKER PAGE 04 A Layout ping 4a•Maximum Nominal Wi th '° Seri®s Stucuxe" THICK` A THICK"t . sealant THICK& Joint* 72 THICKSET•Sarlea Ghee Book -7EI III Id PVC Plastie Channel �--- 4 V a111Cturep. r— "The structure can be any approved material as long as )A i the Screw anchor$have the same spacing and capacity. 1� i fit ffdfiQ 2Lk§; f t " Glass Block Units: THICKSET"Series 6"x 6'x 4" Or 0'x 6"x 4" clear SSnident s • Sealant:811loons Type bdie • Sealant Locations:All horizontal and vertical glas block Joints;perimeter joint between glass block and channel legs;perimeter Joint between channel and framing. • Reinforcement:PVC spacer between all horizontal and Vortical Joints.Spacer In channel apace Is not required. • Frame:PVC channel around perimeter. Detail " Anchoring: lib x 1 instal screws at 7'o.c.for masonry attachment use M;x t HIM Kwik.Con IL fasteners at 12"o.c. Design Pressure Rating +/-70 PSF P 33� c s 11l14;•20021 08: 43 954-493-7840 CAR RiNKER PAGE 05 i Corning Glass Block TN�nelnei Face Im®nraion® Thickness cCORA® 8°x W x 4° 0.75 In. 8°x 80 x 4' 0.75 In. 1EG 8'x 8°x 4° 0.75 in. 8°x 80 x 4' 0.75 In. dDURA� 8°x r3'x 4 0.75 In. • { Pittsburgh Corning 1 ;` Glace Block Units St(ucture" PA I , 6� •1 Anchor Parimeter Framing Localbrw 6ealant Location. r1111 Blase Block Joint PVQ Sealant Locations Plasticchpnnel i1 /f� Cloar Flexible PVC Plastic SPaoer A Pi tl.DutgA Corning o blase Block UIrIIe Rigid PVC Plastic Channel —clear SAlcorra Pr"unched Holes for Anchoring to Wood Frame, $oetanl (Used 08 x I Combo Pan Head Shoot Metal Sore" ®7'o.c.). Clear FhMNAs PVC Plastic Spacer FR� xer APPROVED AS COMPLYING WITH THE �•I r� SOUTH FLORIDA BUILDING CODE ACCI7rANCENo w S 1 OAT _��ODHCT" ONTROL DIVISION PRQI)= 001,0ING CODE COMPLIANCE OFFICE lBUtLTiINOCOW ACCEPTANCE NO, Q9^O d 0 f-Q44 K1MIK' I EZO Silicone System with THICKSET®Series; Glass Block )E81GN N.T.L. SCALE N.T.B. Ray. FITTSBURCH CORNING CORP. DRAWING r s�uaT IRAWN N,T.L. DATE 10-29-98 by eoo PRRGQUR ISLI=DRIVe 1 0• :NECK DATE 10-29-98 DATE PITT11GURCH, PA lgaao A T .................CSR RINKER--------- - - PAGE 06 1�i/14/2002 08:48 954-493-7840 a-� 14'Moxlmum nanMntl IMIpn1 i T Rg . cr 03 n a + z Z k x k x x �� m atm rim Q � Z CD n -i MsIle �` ►:` , n a a � . N� A � R s List of Subcontractors • Coastal contracting and Development, Inc. Proposed List of Subcontractors Piling HFK, Hollywood Plumbing Atlas Plumbing, Hollywood Electrical Online Electric, Pembroke Pines HVAC T & D Air Conditioning, Dania Roofing - Built Up Gould Roofing, Davie Roofing - Metal Aeicor Metal Products, Fort Lauderdale Epoxy Flooring Durabond Company, Miami • Overhead Door Above All Garage Doors, Miami Balance of the work by Coastal Contracting and Development, Inc. r 1 COIS181 end Dncl P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 • Fax: 954-927-4480 August 15, 2003 City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: Restroom Building on Dania Beach i Listed below, please find preliminary schedule fog plan process and construction completion from the Notice of Award. Plan prep for permitting 2 weeks City review & DPEP 2 weeks (Not controlled by Coastal) Construction 2 months TOTAL: 3 Months Note: Plumbing fixtures, due to the fact that they are stainless steel, will take 8-10 weeks from date of order. In order to maintain our schedule, fixtures must be approved and ordered within 1 week after Notice of Award. Sin elyWy . ary Presi GJM/jlht