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R-2002-174
1. RESOLUTION NO. 2002-174 A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA, APPROVING THE DESIGN/BUILD CONTRACT WITH COASTAL CONTRACTING AND DEVELOPMENT, INC. IN CONJUNCTION WITH THE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANT AND THE SWIM CENTRAL AQUATIC COMPLEX GRANT FOR IMPROVEMENTS TO FROST PARK AND CONSTRUCTION OF A POOL AT MELT PARK; AUTHORIZING THE SCOPE OF SERVICES FROM COASTAL CONTRACTING AND DEVELOPMENT, INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach, Florida, has received a Florida Recreation Development Assistance Program (FRDAP) Grant for program years 2000-2002 in the amount of$150,000 and is required to provide $150,000 in matching funds; and WHEREAS, the City of Dania Beach, Florida, has received a Swim Central Aquatic Complex grant in the amount of$1,172,080 with no match from the City; and WHEREAS, the City of Dania Beach has identified certain areas within Frost Park for improvements and the construction of a pool at Patrick J. Meli Park which was authorized and approved through Resolutions196-99 and 2001-016, Coastal Contracting and Development, Inc., has proposed to design/build these improvements; and, WHEREAS, the city has determined that such purchases can be made at the least cost to the city by purchasing Design/Build Services from Coastal Contracting and Development, Inc., in the amount of $1,472,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Scope of Services in the total sum of $1,472,000.00 from R-2002-174 Frost Park-Design-Build Coastal Contracting.doc 1 RESOLUTION NO. 2002-174 Coastal Contracting and Development, Inc., for improvements to Frost Park and construction of a pool at Meli Park attached as Exhibit "A" is approved. p pp Section 2. That the Finance Department is authorized to amend the budget in the Capital Projects Fund for a total amount of $1,472,000. Of this amount, $1,322,000 is from grant revenues, $150,000 from loan proceeds; and capital improvement projects in the amount of $300,000 for the Frost Park improvement, and $1,172,000 for the construction of the Aquatic Complex. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. ® PASSED AND ADOPTED THIS 2 T AY O EPT MBE , 2 ROB RT CHUNN, JR. MAY R-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO-YES COMMISSIONER MCELYEA -YES COMMISSIONER MIKES - ABSENT CHARLENE J H SON VICE-MAYOR FLURY-YES CITY CLERK MAYOR CHUNN-YES APPROVED AS TOrj ORM AND CORRECTNESS: BY: t r ),/&J T OMAS'J. ANSBRO CITY ATTORNEY R-2002-174 Frost Park-Design-Build Coastal Contracting.doc 2 RESOLUTION NO. 2002-174 f\ • DESIGN BUILD AGREEMENT THIS D GI BUILD AGREEMENT (the "Agreement") is entered into and effective on 2002 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 Coastal Contracting and Development, Inc., 807 N. Northlake Drive,Hollywood, Florida 33019, a Florida corporation("Design/Builder"). RECITALS 1. City is the owner of certain parcels of real property located at 300 Northeast 2"d Street and 2901 Southwest 52"d Street,Dania Beach,Florida. 2. On July 8 & 15 2002, the City issued a Request for Qualifications/Proposals RFP No. REC-01-02-R (the "RFP") for the provision of design/build services for Frost Park Improvements and the Patrick J. Meli Park Aquatic Complex (jointly, 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 4 have the meanings ascribed to them in Section 2 of this Agreement. I 1 1.1 Proiect Description. The "Project" consists of the design and construction of Frost Park Improvements and the Patrick J. Meli Park Aquatic Complex as outlined in Attachment"A"to the RFP. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 1 • 1.2 Project Representatives. For purposes of this Project, the following shall serve as the Project Representative for each party: City Bonnie Temchuk j Phone j (954) 924-3613 No: City's Project Janet Palacino Phone (954) 560-1814 j Representative (including her designee Nos: (954) 728-5307 Joseph Cangialosi) Design/Builder Gary J. McGeddy I Phone (954) 920-7444 No: 1.3 Services. The Design/Builder shall complete the design and construction of the Project in accordance with the terms and conditions of the Contract Documents. The parties acknowledge and agree that nothing in this Agreement shall be construed so as to provide, grant or confer any rights to Design/Builder and its Subconsultants and Subcontractors with respect to the provision of any other services not expressly set forth in the Scope of Work and Contract Documents. 1.4 Schedule for Performance. The Design/Builder shall complete the design and the construction of the Project pursuant to the schedules for each set forth in Exhibit "A" to this Agreement (the "Contract Times"); provided, however, that Design/Builder shall perform the design phase of the Work in accordance with the • Contract Times as well as the schedule of performance set forth in Section 4.2. The Contract Times set forth in Exhibit "A" shall commence to run on the thirtieth (30t') 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 Construction Work. It is also the intent and agreement of the parties that the Contract Sum for the design and construction services of the total Project, which include both the Frost Park Improvements and the Partick J. Meli Aquatic Center, shall not exceed $1,472,000. 00 (One million, four hundred and seventy two thousand dollars). r 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 2 • City. 2.2 "Attachments" means the written documents attached to the RFP by the 2.3 "Building Division" means the City of Dania Beach Building Division. 2.4 "City"means City of Dania Beach. 2.5 City's Project Representative — The persons designated in Section 1-2, above. 2.6 "Construction Documents" means a complete set of drawings and documents that establish and describe the size and character of the Project as to architectural, structural, mechanical, electrical, plumbing, and fire protection systems, materials and such other elements as may be appropriate. These documents are sufficient in nature to accurately construct the Project. 2.7 "Contract Documents" means this Agreement, the Plans and Specifications and all exhibits and documents related to them and contemplated by them, as well as all Addenda and Amendments related to each with respect to the Project and all changes to the documents issued by City after execution of this Agreement. • 2.8 "Construction Work" means the construction of the Project required of S. the Design/Builder under the terms of this Agreement and the Contract Documents. 2.9 "Contract Sum" means the total amount to be paid by the City for the design and construction services of the Project, in accordance with terms and conditions of this Agreement. 2.10 "County"means Broward County. 2.11 "Day" or"Days"means a calendar day or days. 2.12 "Design/Builder" means Coastal Contracting and Development, Inc. a Florida corporation. 2.13 "Design Development Documents" means the drawings and documents that establish and describe the size and character of the Project as to architectural, structural, mechanical, electrical, plumbing, and fire protection systems, materials and such other elements as may be appropriate. 2.14 "Design Services" are all design services performed by and required of the Design/Builder pursuant to this Agreement and includes services performed by the Design/Builder's Subconsultants. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 3 ® 2.15 "Field Office" means field offices at the Project Locations provided by the Design/Builder. 2.16 "Final Completion" means that all Work required under the Contract Documents has been fully and properly completed, including punch list items, issuance of certificates of final occupancy and use, delivery of record drawings, electronic files manuals, and performance of all required training. 2.17 "Materials" means materials, supplies, apparatus, appliances, equipment, fixtures, machinery, tools and all other items furnished or delivered in connection with the Project. 2.18 "Notice to Proceed" means written notification by City to the Design/Builder authorizing commencement of any phase of the Work as may be required by this Agreement in the form attached to this Agreement as Exhibit"K" 2.19 "Project" means the design and construction, in accordance with this Agreement and the Contract Documents, of Frost Park Improvements and Patrick J. Meli Park Aquatic Complex. 2.20 "Project Location" or"Project Site" means the separate properties where the Project is to be constructed. 2.21 "Project-`Representative" means each of the professional persons selected by City and the Design/Builder to act as the parties' respective representatives and to interact with each other. Design & Construction Solutions, Inc, is the name of the City's consultant with which the City's Project Representatives identified in Section 1.2 are associated. 2.22 "Schedule of Values"means a statement furnished by the Design/Builder to the City's Project Representative, reflecting the portions of the Contract Sum allocated to the various portions of the work and used as the basis for reviewing the Design/Builder's requisition for payment. 2.23 "Subconsultant" means any person or entity, other than Design/Builder's own employees, employed or retained by, or under contract with Design/Builder to perform a portion of the Design Services under this Agreement. 2.24 "Subconsultant Contract" means any contract in writing between the Design/Builder and a Subconsultant. 2.25 "Subcontractor" means any person or entity, other than the Design/Builder's own employees, employed or retained by, or under contract with the Design/Builder to perform the non-design portion of the Work. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 4 2.26 "Subcontractor Contract" means any contract in writing' between the Design/Builder and a Subcontractor. 2.27 "Substantial Completion" means and includes all Work (exclusive of minor items of unfinished work that do not preclude beneficial use of the premises) required to complete the Work set forth in the Contract Documents. Substantial Completion shall be deemed to have occurred upon the submission of a Certificate of Substantial Completion (in the standard AIA form) to the City by the architect of record and the issuance of a Temporary Certificate of Occupancy for the Project. 2.28 "Work" means the Design Services and Construction Work of the Project required of the Design/Builder under the terms of this Agreement and the Contract Documents. 3. AIDMINISTRATION 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 personne0a,nd 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 The City's Project Representative shall take, prepare, and distribute minutes of all Project meetings. Communications by and with any subcontractors and material suppliers shall be through the Design/Builder. Communications by and with any separate contractors, the City's Public Works 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 5 responsible for the Design/Builder's failure to carry out the Work in accordance with the Contract Documents. 3.6 The City's Project Representative will have the authority to reject Work which does not conform to the Contract Documents and to require special inspection or testing, but shall take such action only after consultation with the City. The City's inspectors will have the authority to reject Work which does not conform to the Contract Documents. When the City's Project Representative considers it necessary or advisable to insure the proper implementation of the Contract Documents, the City's Project Representative will have the authority to require special inspection or testing of the Work, whether or not such Work be then fabricated, installed or completed. Neither the City or the City's Project Representative's authority to act under this Subparagraph, nor any decision made by them in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the City or the City's Project Representative to the Design/Builder, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 3.7 All interpretations and recommendations of the City's Project Representative shall be consistent with the intent of the Contract Documents. In this capacity as interpreter, the City's Project Representative will exercise best efforts to insure faithful performance by both the City and the Design/Builder and will not show • partiality to either. 3.8 The Design/Builder shall forward all communications to the City's Project Representative with copies to the City. 3.9 The City will assist the City's Project Representative in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance, and will receive and review written guarantees and related documents required by the Contract. The City's Project Representative will approve Project Payment Certificates. 3.10 The duties, responsibilities and limitations of authority of the City's Project Representative during assembly as set forth in these Contract Documents will not be modified nor extended without written consent of the Design/Builder, the City's Project Representative, and the City. 3.11 Neither the City's Project Representative nor the City will be responsible for the acts 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. • F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 6 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). 4.1.2 The Design/Builder agrees that the Design Services under this Agreement shall be performed in conformance with the standards of care and quality adopted or accepted by nationally recognized architectural and engineering organizations, and other applicable professional organizations for similar applications and in accordance with the Florida Building Code. Any designs, drawings, or specifications prepared or furnished by the Design/Builder that fail to meet the requirements of paragraph 3.1 above, or otherwise are defective or contain errors, conflicts or omissions, will be promptly corrected by the Design/Builder at no cost to City. The Design/Builder will promptly reimburse City for any and all damages, including fines and incidental damages, without limitation, resulting from the use of such defective designs, drawings, or specifications; provided, however, that Design/Builder's maximum liability for such damages shall be the limits of the professional liability insurance policy provided by Design/Builder pursuant to Section 10 of this Agreement. City's approval, acceptance, use of, or payment for all or any part of the Design Services shall in no way alter the Design/Builder's obligations with respect to the design of the Project or City's rights under this Agreement. 4.1.3 The Design/Builder shall be fully responsible for coordinating all the Work required under this Agreement regardless of whether performed by its own employees or a Subconsultant or Subcontractor so as to insure that the services required are performed in an efficient, timely and economical manner. The Design/Builder shall be responsible to City for the services furnished to the 1 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 7 ® 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 each Project Location with supporting improvements, facilities and equipment as described or reasonably inferable from the Contract Documents. The Design/Builder shall provide, furnish and install all Materials and all Services except to the extent specifically indicated in the Contract Documents to be furnished by or the responsibility of others, as and when required for, or in connection with the design, construction, furnishing or equipping of, or for inclusion or incorporation in, the Project in accordance with the Contract Documents. Without limiting the foregoing, the Design/Builder's Work shall be in compliance with the Contract Documents. To the extent practicable, the Design/Builder shall utilize "value engineering"in connection with the Project. 4.1.6 The Design/Builder agrees and represents that it possesses the requisite skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all Materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Design/Builder shall cause all Materials and other parts of the Work to be readily available as and when required or needed for or in connection ® with the construction, furnishing and equipping of the Project. i5 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 8 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 time this Agreement was executed, and cause a material increase or decrease in the Design/Builder's cost of, or time required for, performance of any part of the Work, an equitable adjustment in the Contract Sum or Contract Time, or both, will be made with the approval of City. 4.1.10 The Design/Builder shall prepare or cause to be prepared, as part of the Work, all shop drawings, samples, submittals and detail drawings not made a part of the Plans and Specifications, and Addenda which are required in the performance of the Design/Builder's obligations under this Agreement. All shop drawings, submittals, samples, and detail drawings shall be submitted to the City's Project Representative. ® Although the City's Project Representative will review all shop drawings, submittals, detail drawings, and samples, the City's Project Representative shall not be responsible to the Design/Builder for any failure of the shop drawings, submittals, detail drawings or samples to comply with the Contract Documents or any governing codes, laws or ordinances. The Design/Builder shall maintain copies of all shop drawings, submittals and detail drawings, and maintain all samples at the Project and shall afford City's Project Representative access to the documents at all times during regular working hours. 4.1.11 Prior to submitting the first Requisition for Payment, the Design/Builder shall submit a Schedule of Submittals to the City's Project Representative for approval. The Schedule of Submittals shall indicate the Design/Builder's proposed submittal dates for all shop drawings, samples, descriptive literature, and other submittals required by the Contract documents. Submittal dates shall be established so as not to delay any aspect of the Work and to allow for sufficient review of submittals by the City's Project Representative. At the intervals established on the approved submittal schedule, the Design/Builder shall submit two (2) copies of all shop drawings, brochures, and schedules required for the Work of the various trades to the City's Project Representative. These shop drawings shall be carefully checked in every respect and signed by the Design/Builder before submitting them to the City's Project Representative. The F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 9 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. 4.1.13 The Design/Builder shall deliver to the City's Project Representative all equipment data, along with its recommended spare parts list, maintenance manuals, manufacturers' warranties and operations manuals as may be required for City's employees, agents or contractors to maintain and operate any equipment delivered as part of the Work. 4.1.14 Required certificates of inspection, testing or approval shall be obtained by the Design/Builder and promptly delivered to City's Project Representative. If City or the City Project Representative desire to observe the inspections, tests or approvals required by the Contract Documents, City shall notify the Design/Builder of that desire, and the Design/Builder shall notify the City and Design Consultant of the dates and times of the inspections;tests or other approvals. 4.1.15 The Design/Builder shall pay all sales, consumer, use and other similar taxes for the Work or portions of each that are legally required at any time during the Design/Builder's performance of the Work. 4.1.16 The Design/Builder shall pay all royalties and license fees that are legally required at any time during the Design/Builder's performance of the Work. The Design/Builder shall defend all suits or claims for infringement of any patent rights and shall indemnify and hold City harmless from any loss, liability or expense on account thereof, including attorneys' fees (at both the trial and appellate levels) except that City shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified, but if the Design/Builder has reason to believe that the design, process or product specified is an infringement of a patent, the Design/Builder shall be responsible for such loss, liability or expense unless the Design/Builder promptly gives such information in writing to City and the City's Project Representative; provided, however, that Design/Builder's maximum liability for such loss, liability or expense shall be the limits of the professional liability insurance policy provided by Design/Builder pursuant to Section 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 10 4.2 Schedule, Cost Breakdown and Design/Builder's Team List 4.2.1 The Design/Builder, as a part of his 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 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 or "float" shall be used at the discretion of the City and shall not serve as the basis for any delay claim. 4.2.6 The Schedule of Values as required as part of the Design/Builder's proposal shall serve as the basis for the Design/Builder's applications for payment. 4.2.7 The 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 11 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 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 relimin and final permit review comments. 5.1.4 The 8�d r shall r cure surveys as required describing physical characteristics, legal limitations and utility locations for the Project Location. The surveys may include, as applicable, grades and lines of streets, alleys, pavements and adjoining structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 12 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 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 prepare and submit to the City a Design/Production Schedule and Work Plan, including a Proposed List of Drawings, a Quality Assurance Plari, and a schedule of key interface dates with the City, including milestone submittal dates. This information shall be defined as the Design Work Plan. Once approved by City, the Design Work Plan shall be updated as necessary or as requested by City. The Design Work Plan shall include at a minimum the following: a. Design Team Organization and Directory identifying all team members and contact information. b. Project Management/Quality Assurance Plan detailing the duties and responsibilities of the Design Team, and how Project management and coordination will be organized. C. Design/Production Schedule including work force projections. 5.1.8 The Design/Builder shall provide or cause to be provided detailed construction documents including architectural, structural, mechanical, electrical, plumbing, fire protection and others in accordance with Section 5.2 and 5.3 and the Contract Documents. 5.1.9 The Design/Builder shall verify existing site conditions and conduct field investigations, as reasonably necessary to assure all documentation is accurate. The Design/Builder shall provide logs of field investigations to the City's F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 13 Project Representative on a bi-weekly basis for review. Field verification logs shall consist of names of field investigators, date, time, area, findings, issues and results. The Design/Builder's responsibilities to field verify include, but are not limited to, developing as-built drawings from field surveys, site exploratory,work, and any other means and methods necessary to ensure a complete verification of existing conditions. 5.2 Schedule of Performance. 5.2.1 On or before scheduled due dates for each phase, the Design Builder shall make milestone submittals to the City in accordance with the following-. table: Phase Milestone Due Date Construction Documents 65% Submittal twenty-two(22) days from Notice to Proceed Construction Documents 100% Submittal thirty-seven(37) days from Notice to Proceed 5.3 Submittals and Review of Design Documents. 5.3.1 Progress Submittals. The Design/Builder shall submit progress sets of 100% Design Development Documents and 65% and 100% Construction Documents for review and approval by the City. Progress sets of the 100% Design Development Documents and 65% and 100% Construction Documents shall be submitted a minimum of five (5) days prior to the milestone submittal due dates. Additionally, the Design/Builder will provide the City with progress plans and prints anytime the City requests such documents. Progress set submittals shall consist of a minimum of three (3) full-size drawing sets and three (3) sets of specifications -("Progress Sets"). Upon written approval by the City of the applicable Progress Set submittal, the Design/Builder shall transmit a complete package including plans, specifications, checklists and other requirements, as applicable. Reviews will not commence until the complete Progress Set submittal has been received. 5.3.2 Review Procedures. The following procedures shall be followed for review of the 100% Design Development Documents, 65% and 100% Construction Documents, and any other Design Services submittals by Design/Builder. a. The Design/Builder shall submit Design Development Documents and Construction Documents for review in accordance with the schedule established in Section 5.2 b. The City's Project Representative will provide review comments to the Design/Builder within five (5) calendar days from receipt of the milestone submittal. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 14 C. The Design/Builder shall respond to and incorporate milestone review comments transmitted by the City's Project Representative. d. Unless otherwise agreed to in writing, the Design/Builder shall respond in writing, on a form provided by the City's Project Representative, within seven (7) days of receipt of the review comments. The City or City Project Representative will log, transmit and facilitate the exchange of review comments. The Design/Builder shall also maintain a similar log and make it available to the City at all times. e. Replies to Responses: The City's Project Representative reviewers will reply within seven (7) days to any responses requiring confirmation and will advise the Design/Builder if any further reconciliation is required. f. Resolution of differences: The City's Project Representative will schedule a meeting between the Design/Builder team and the City team, to take place within seven (7) days after review comments are issued to the Design/Builder, in order to resolve all issues between ' teams. The City or Design Consultant will arrange additional meetings or conference calls if necessary, in order to expedite resolution and avoid impact to the Project Schedule or the Contract Documents. g. Backcheck Review: If any comments remain unsatisfied, additional backcheck submittals shall be required until all comments have been satisfied. Any costs associated with Design/Builder's preparation of the backcheck submittals shall be the Design/Builder's responsibility and shall be taken into consideration for evaluation of Design/Builder's performance and progress payments. h. Resolution of all review comments is requisite for completion of any phase of the Design Services. 5.3.3 Milestones Submittals and Reviews. The Design/Builder shall submit the Design Development Documents and Construction Documents in accordance with the dates set forth in Section 5.2.1 and participate in interim reviews for the milestone submittals as directed by the City in accordance with Section 5.3.2. The Design Development Documents 100% milestone submittal shall consist of five (5) full size sets of drawings; five (5) 11" x 17" size sets of drawings and shall include such other information fully explaining and supporting the Design Development Documents. The F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 15 City's Project Representative shall review this submittal pursuant to the review procedures set forth in Section 5.3.2. This set, with full resolution of review comments, as determined by the City, shall establish compliance with completion of the Design Development Documents 100% milestone submittal. Once approved by the City, the 100% Design Development Documents shall become the "Approved 100% Design Development Documents" and shall not be altered, modified, or revised without the City's prior written approval. The 65% Construction Documents Progress Set submittal shall be based upon the Approved 100% Design Development Documents. The Construction Documents 65% milestone submittal shall consist of five (5) full size sets of drawings; five (5), 11" x 17" size sets of drawings and five (5) sets of Project manuals, and shall include design narratives for all disciplines, with calculations and other information fully explaining and supporting the Contract Documents. The City shall review this submittal pursuant to the review procedures set forth in Section 5.3.2. This set, with full resolution of review comments, as determined by City, shall establish compliance with completion of the Construction Documents 65% submittal milestone. Once approved by the City the 65% Construction Documents shall become the "Approved 65% Construction Documents" and shall not be altered, modified, or revised without the City's Project Representative's prior written approval. The 100% Construction Documents Progress Set submittal, which shall be based upon the Approved 65% Construction Documents, shall serve to monitor progress of the Work. All recommendations of the City from this review shall be incorporated into the Construction Documents prior to submission of the Construction Documents 100% submittal milestone. The Construction Documents 100% submittal milestone shall consist of five (5) full size sets of drawings; five (5) 11" x 17"size sets of drawings and five (5) sets of Project manuals for the City to review pursuant to review procedures set forth in Section 5.3.2. This set with all resolution of comments from this review incorporated into the documents shall establish completion of the Construction Documents 100% submittal milestone. The 100% Construction Documents with full resolution and all comments pending from any previous reviews shall establish completion of the Construction Documents 100% submittal milestone. Once approved by the City's Project Representative the 100% Construction Documents shall become the "Approved 100% Construction Documents" and shall not be altered, modified, or revised without the City's Project Representative prior written approval. Any material design modifications to the Approved 100% Construction Documents requested by City shall be an additional cost to the City and reflected in a Change Order, and shall not be included in the Cost of Work; provided, however, any changes or revisions to the 100% Approved Design Development Documents, the Approved 65% Construction Documents and the Approved 100% Construction Documents necessary to (a) comply with applicable governmental requirements, (b) satisfy field conditions and (c) correct inconsistencies between various documents shall not be considered an additional cost and will be included in the Cost of Work. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 16 5.4 Construction Phase. 5.4.1 The Design/Builder shall be responsible for coordinating with the City's Project Representative in order to prepare and file the documents required for the approval of governmental authorities having jurisdiction over the Project. 5.4.2 Throughout the course of construction, the Design/Builder shall maintain an up-to-date set of Plans and Specifications and reproducible drawings, which show and describe all clarifications, addenda, substitutions and approved Change Orders. Upon Final Completion, the Design/Builder shall provide the City's Project Representative with a set of record drawings and electronic files, as directed by the City's Project Representative, showing the complete Project as built (incorporating data concerning as-built conditions) as well as specifications and other documents as may be required by the City's Project Representative. This shall include all changes in the Work during the Construction Phase. 5.4.3 During the construction phase, the Design/Builder shall reasonably cooperate with, and respond to, any reasonable requests or requirements of the City's Project Representative. 6. PROJECT REPRESENTATIVE'S RESPONSIBILITIES 6.1 The parties acknowledge and agree that the City has engaged a Project Representative to assist the City in the administration of this Agreement. The Project Representative shall act as an "owner's representative" and shall have no authority to bind City or direct Design/Builder except as expressly set forth in this Agreement. 6.2 The Project Representative shall at all times have access to the Project 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") F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 17 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 "Substantial Completion Date" (defined as the date occurring within the number of days equal to the Contract Time after Design/Builder's receipt of the applicable Notice to Proceed), shall be extended for a period equal to the length of such delay to the extent that such delay impacts an activity of the Design/Builder that is a critical path activity and only if within ten (10) calendar days after the Design/Builder knows or should have known of any such delay the Design/Builder delivers to the City's Project Representative, a written request for extension for such delay, and such request is approved by the City's Project Representative, which approval shall not be unreasonably withheld by the City's Project Representative. In case of a continuing cause of delay of a particular nature, the Design/Builder shall be required to make only one such request. 7.2 The applicable Substantial Completion Date and the applicable Contract Time take into full consideration the effect of inclement weather during the construction period and such effect on both cost and time for completing the Work is accounted for in the Contract Sum, and the Substantial Completion Date (as defined in Section 7.1). The Substantial Completion Date incorporates the Design/Builder's expectation that it will experience a number of working days of weather delay during construction of the Project. An extension of a Contract Time for weather delays may be claimed only for delays caused by adverse weather which affects scheduled working hours on scheduled work days (but excluding any legal holiday unless previously scheduled) and only after the Design/Builder has previously been delayed by weather for at least the number of anticipated working days of weather delays and then only to the extent of the actual number of days' delay, in those activities which are critical path activities. The Design/Builder shall provide City with written notice of all delays claimed due to weather, and such written notice shall identify the critical path activity(ies) affected and shall be delivered within five (5) days of the delay. City shall determine whether extension of the Contract Time is justified. Extension of time shall be the 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 18 • 7.4 Substantial Completion 7.4.1 When the Design/Builder considers that the Work, or portion thereof which the City's Project Representative agrees to accept separately, is substantially complete the Design/Builder shall prepare and submit to the City's Project Representative a Certificate of Substantial Completion (in the standard AIA form) along with a comprehensive list of items to be completed or corrected. The Design/Builder shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Design/Builder to complete all Work in accordance with the Contract Documents. 7.4.2 Project Close-out submittals required by the Contract documents for the Work, or portion thereof, shall be submitted by the Design/Builder at the time of the request for the City's Project Representative inspection. The City's Project Representative will review project closeout submittals with the City for content, accuracy, and format. If the City's Project Representative disapproves or rejects any project closeout submittal, it shall be returned to the Design/Builder for correction and modification. The Design/Builder shall then submit the revised and corrected project closeout submittals to the City's Project Representative for review and approval. The Design/Builder shall continue to revise and resubmit project closeout submittals until all required submittals have been accepted by the City's Project Representative. The City's Project Representative will forward approved project closeout submittals to the City prior to the Final Completion. Corrections or modifications of Project closeout submittals shall not be used as justification for a time extension. 7.4.3 Upon receipt of the Design/Builder's Request for Substantial Completion Inspection, the City's Project Representative will make a preliminary inspection to determine whether the Work or designated portion thereof is appropriately ready for a Substantial Completion inspection. 7.4.4 If the City's Project Representative inspection discloses any item, whether or not included on the Design/Builder's list, which is not in accordance with the requirements of the Contract Documents and which would preclude beneficial occupancy and would render the Work not Substantially Complete, the Design/Builder shall correct such item upon receipt of a list provided to 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 19 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 20 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 per site, if applicable, not as a penalty, but as liquidated damages for the damages ("Liquidated Damages") that would be suffered by City as a result of delay for each and every calendar day that the Design/Builder shall have failed to complete the Work by the Substantial Completion Date. The amounts are fixed and agreed upon by and between the Design/Builder and City because of the difficulty of fixing and ascertaining the actual damages City would in such event sustain, and the amount is agreed to be the amount of damages that City would sustain. The amount may be retained by City from periodic pay estimates or from retainage, but if the amount owing or retained is insufficient to fully pay City Liquidated Damages, the Design/Builder agrees to pay, or cause the Design/Builder's surety to pay, the insufficiency to City. 7.6.2 The Contract shall not be terminated nor the Design/Builder charged with liquidated damages because of any delays due to unforeseeable causes beyond the fault or negligence of the Design/Builder, including, but not restricted to acts of God, acts of Government, acts of the City, fires, floods, epidemics, strikes with-which the Design/Builder has no direct connections, and unusually severe weather (does not include normal average number of days of rain which occur within the period of the Contract time limit).The Design/Builder shall, within ten (10) days from the beginning of such delay, notify the City's Project Representative in writing of the causes of delay. 7.6.3 The Design/Builder shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his 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. 7.6.5 Because the actual damages for delay in completion are difficult to determine, the Design/Builder and his sureties shall be liable for and pay to the City $500.00 per calendar day which is stipulated as fixed, agreed and liquidated damages for each calendar day of delay that either or both portions of the project are unavailable for Substantial Completion. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 21 8. CHANGE ORDERS. 8.1 From time to time, the City's Project Representative may authorize changes in the Work, issue additional instructions require additional Work or direct the omission of Work previously ordered. Only those changes in the Work that are approved on a Change Order in the form of Exhibit `B" and executed by an authorized representative of City ("Change Order"), shall be binding on City. 8.2 The City's Project Representative may order changes in the Work by initiating a change order request ("Change Order Request"), setting forth in detail the nature of the requested change. Upon receipt of a Change Order Request, the Design/Builder shall prepare a statement setting forth in detail, with a suitable detailed breakdown by trades and work classifications with respect to a change in the scope of the construction and a detailed breakdown of the time and expenses related to the design phase, the Design/Builder's estimate (the "Design/Builder's Estimate") of the changes in the Contract Sum attributable to the changes set forth in such Change Order Request and proposed adjustments, if any, to the Substantial Completion Date resulting from such Change Order Request. If the City and the Design/Builder agree on a cost ("Agreed Cost"), a Change Order shall be processed by the City and the City's Project 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 22 from City. The Design/Builder shall keep separate records of all costs and time required to perform the Work. After review and approval by the City's Project Representative, the Design/Builder shall invoice City based on a time and materials basis. In the event that the Work can be stopped without any further harm to the public but additional Work is necessary, the Design/Builder shall deliver the Design/Builder's Estimate to the City's Project Representative as soon as practical and the requirements of Sections 8.2 or 8.3 as applicable shall be met before the Design/Builder resumes the changes to the Work. 8.5 It is understood and agreed that refinement and detailing will be accomplished from time to time with respect to the Plans and Specifications. No adjustment in the Contract Sum or the Substantial Completion Date shall be made unless (a) such refinement or detailing results in material changes in the scope, quality, function or intent of the Plans and Specifications, and Addenda not reasonably inferable or expected by a Design/Builder of the Design/Builder's experience and expertise, (b) the Design/Builder advises the City's Project Representative in writing within seven (7) calendar days of the Design/Builder's receipt of the refinements and details that an adjustment is required, and (c) the City's Project Representative agrees to the adjustment. 8.6 Should the Design/Builder or any of his 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 its approval an original Request for Payment in the form attached as Exhibit "C". Submission of any original certificates, waivers of liens and claims, or other documents required in this Agreement to be submitted, is a condition precedent to City's obligation to pay Design/Builder. Fifteen (15) days prior to the first Request for Payment, the Design/Builder shall prepare, and submit to the City's Project Representative for its approval a schedule of values allocating the various portions of the Work (the "Schedule of Values"). The Schedule of Values approved by the City's Project Representative shall be used as a basis for reviewing the Design/Builder's Request for Payment. The Request for Payment shall show a complete breakdown of (a) the Cost of the Work for all requested costs for F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 23 planning, design, engineering and construction of the Project components including all labor and Materials, (b) the actual portion of the Work completed and the amount due, (c) the share of the Cost of the Work allocated to that portion of the Work as set forth in Schedule of Values, (d) in the case of Construction Work, the percentage of the Contract Sum attributable to the actual portion of the Construction Work completed or, in the case of Design Services, equal monthly installments allocated for completion of Design Services, (e) an itemization of all disbursements to Subconsultants and Subcontractors, materialmen, vendors and miscellaneous suppliers and shall be accompanied by originals of vendors' original invoices, certified payrolls and payroll registers (when requested by the City's Project Representative), and (f) such supporting evidence as may be required by the City's Project Representative including, but not limited to, the documents set forth in Section 9.9 below, all in a form and substance acceptable to the City's Project Representative. The Request for Payment shall constitute a representation to the City's Project Representative that (i) the Work has progressed to the point indicated, (ii) the quality of the Work is in accordance with the Plans and Specifications, and (iii) all monies previously reimbursed by the City to the Design/Builder have been disbursed to the appropriate Subconsultants, Subcontractors, materialmen, vendors and miscellaneous suppliers based upon the prior Request for Payment. Provided that the Design/Builder submits all required documentation as required in this Section, City shall tender all payments to the Design/Builder within thirty (30) calendar days of receipt of the Request for Payment or sooner if practicable less any retainage required by Section 9.5 below and minus amounts, if any, for which City has withheld funds pursuant to its rights under any portion of the Contract Documents. Inadequately supported charges are subject to disallowance, however, City will make payments of the balance of the Request for Payment when such amounts are approved. 9.3 The City and the City Project Representative shall review each such Request for Payment and may make such exceptions as the City reasonably deems necessary or appropriate under the state of circumstances then existing. In no event shall City be required to make payment for items to which City reasonably takes exception. 9.4 City shall make payment to the Design/Builder in the amount approved, subject to the provisions of Section 9.2. The payment of any Request for Payment by City, including the Final Request, does not constitute approval or acceptance by City of any item of the Work in such Request for Payment, nor shall it be construed as a waiver of any of City's rights under this Agreement or at law or in equity. 9.5 The Design/Builder agrees that ten percent (10%) of the amount due for Work as set forth in each Request for Payment where such Work is performed under a Subconsultant Contract or Subcontractor Contract that authorizes Design/Builder to hold retainage shall be retained by City until Final Payment (as defined in Section 9.6). For portions of the Work where the Design/Builder pays one hundred percent (100%) of labor and agreed upon burden or an invoice from a Subcontractor, Subconsultant, vendor, materialmen, or supplier, such retainage shall not be required. The foregoing F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 24 shall not apply to self-performed Work and the Contract Sum from which ten percent (10%) shall be retained by the City until Final Payment. If the Design/Builder has furnished Bonds in accordance with Section 13.1, and the Design/Builder is performing satisfactorily when the Design/Builder obtains and delivers to the City the Temporary Certificate of Occupancy or the Certificate of Occupancy, City may elect to reduce the amount retained. All requests for retainage reductions must be made in writing prior to invoicing for same. City may, but shall not be obligated to, request consent of the Design/Builder's surety to such reduction. The Design/Builder may also apply for a release of retainage for Subcontractors, vendors, materialmen, and suppliers for portions of the Work that have been one hundred percent (100%) complete for thirty (30) days or more. In this case, the City has no obligation to release such retainage but may do so in its sole and absolute discretion. However, the Design/Builder shall remain liable for Subcontractor work and for any unpaid laborers, vendors, materialmen, suppliers or Subcontractors in the event it is later discovered that Work is deficient or that any laborers, vendors, materialmen, suppliers, or Subcontractors did not receive payments due them on the Project. 9.6 Within thirty (30) days after Final Completion of the Work and acceptance by City or as soon thereafter as possible, the Design/Builder shall submit a final request for payment ("Final Request"), which shall set forth all amounts due and remaining unpaid to the Design/Builder (including the unpaid portion of the retainage) and upon approval by the City's Project Representative, City shall pay to the Design/Builder the amount due under such Final Request ("Final Payment") within thirty (30) days of the`satisfaction of requirements for Final Payment as set forth in Section 9.7 below. 9.7 The Final Request shall not be made until the Design/Builder delivers to the City complete original releases of all liens and claims signed by all 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 25 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 5 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, furnishing, and 1, 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, F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 26 ® shall be accompanied by copies of subcontract payment vouchers, vendors' invoices, payrolls and other data substantiating actual expenditures, as well as a Certificate of Subcontractor & Partial Waiver of Lien, from each Subcontractor, materialman, or vendor, on the form attached as Exhibit "G" As a condition precedent to the receipt of Final Payment, all such parties shall submit a full and final waiver and release of mechanic's lien rights for all sums due under their respective Subcontractor Contracts, purchase orders or other agreements. However, no provision in this Agreement shall be construed to require the City's Project Representative to see to the proper disposition or application of the monies so advanced to the 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, 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. • F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 27 • 9.11.2 Salaries and actual benefits (as described in Section 9.11.1 above) of the Design/Builder's supervisory or administrative personnel stationed at a field office, or with City's prior written agreement at the Design/Builder's home office, for the Work and employees engaged, at shops or on the road, in expediting the inspection, production or transportation of the material or equipment for the Work. The number of employees in these classifications, and the rates of pay, shall be subject to prior written approval of the City's Project Representative. All associated labor charges must be detailed and substantiated by certified payrolls. 9.11.3 If approved in advance in writing by the City's Project Representative, reasonable transportation, traveling and lodging expenses of representatives of the Design/Builder incurred in the discharge of duties related to the Work. 9.11.4 The cost (including transportation, storage, operating and normal maintenance costs) of all materials, equipment, temporary structures which house equipment, materials, and supplies purchased or rented for use on the Project. For qualified tools and equipment to be rented by the Design/Builder from its own stock or the stock of its affiliates, subsidiaries or related parties (collectively, "Design/Builder's Stock"), the Design/Builder shall submit to the City's Project Representative a detailed listing of such tools and equipment, together with the applicable rental rates (on an hourly, daily, weekly and monthly basis), the estimated total rentals (based on the most economical rental period), the proposed use of the tools and equipment, the original purchase price and the date of purchase and the estimated current fair market value; provided, however, the parties acknowledge and agree that rentals from Design/Builder's Stock is not expected. No rental costs for tools and equipment rented from Design/Builder's Stock shall be included in the Cost of the Work unless the City's Project Representative is provided with the foregoing information and City gives advance written approval of such rental. For equipment and tools rented from Design/Builder's Stock, the Design/Builder shall maintain daily equipment usage reports noting the hours and usage, as well as idle and standby time. Such equipment usage reports shall be used to determine whether hourly, daily, weekly or monthly rates shall apply, and Design/Builder's billings shall be based upon the most economical rates to City. Rental rates for vehicles shall include insurance, and shall not exceed $650 (Six Hundred and Fifty Dollars) per month for vehicles three years or more of age. Rental rates for equipment shall not exceed the current market rental rates from local third party equipment rental companies. The Design/Builder shall maintain and submit to the City's Project Representative on a monthly basis a detailed inventory of all rented equipment with a market value of $500 (Five Hundred Dollars) or more used on the Project, including equipment owned by the Design/Builder, if any. For each piece of such rented equipment, such inventory shall contain: (a) the rental rate for the piece of equipment, (b) the anticipated duration of the rental period, and(c) the total anticipated rental to be 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 28 anticipated rental rate and the purchase price added to the Contract Sum for Construction Work by Change Order. Equipment rented or supplied by the Design/Builder must be initially rented or supplied in good working condition. Capital improvements and overhauls are not chargeable to City. Daily, weekly or monthly rental rates are to be billed when they result in cost savings to City. City reserves the right to dispose of all such materials, equipment, temporary structures, tools and supplies which shall have been purchased, when no longer required for the Work. 9.11.5 Amounts due under all Subcontractor Contracts and Subconsultant Contracts made in accordance with the provisions of the Contract Documents. All contracts issued to Subcontractors and Subconsultants must be let in accordance with the Contract Documents. Any deviations must have prior written approval from the City's Project Representative. 9.11.6 The cost of telephone, postage, photographs, blueprints, office supplies, first aid supplies and related miscellaneous costs reasonably incurred in direct support of the Work at the Project location. 9.11.7 Premiums (Net) on bonds and insurance, if any, that the Design/Builder is obligated to secure and maintain under the terms of the Contract Documents and such other insurance and bonds as may be required, subject to the written approval of the"City's Project Representative, including bonds for Subcontractor Contracts in excess of$50,000 (Fifty thousand Dollars). Premiums paid as part of the Cost of Work Cost shall be net of trade discounts, volume discounts, dividends, and other adjustments. 9.11.8 The cost of obtaining and using all utility services required for the Work. 9.11.9 The cost of all fees and assessments for any building permit and for other permits, licenses, and inspections, which the Design/Builder is required by the Contract Documents to pay. 9.11.10 The cost of prompt removal of all of the Design/Builder's debris. All Subcontractor Contracts shall require the prompt removal of all debris created by Subcontractor activities and the Design/Builder shall exercise its best efforts to enforce such requirements or to effect an appropriate back charge to those Subcontractors who fail to meet their requirements in this regard. 9.11.11 The cost and expenses, actually sustained by the Design/Builder in connection with the Work, of protecting and repairing adjoining property, if required (the City's Project Representative prior approval for repairs must be obtained except in emergencies), and of settlements for same made with the written consent of City, except to the extent that any such cost or expense is due to the failure of the Design/Builder to F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 29 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. 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: F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 30 ® 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. 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 31 9.12.10 Except as set forth in Section 9.11.7, any legal fees and �\ accounting fees. 9.12.11 All losses resulting from lost, damaged, or stolen tools and equipment. 9.12.12 Any cost not specified in Section 9.11 above. 10. SUBCONTRACTOR AND SUBCONSULTANT CONTRACTS AND PURCHASE ORDERS. 10.1 Thirty (30) calendar days after execution of the Agreement, the Design/Builder shall prepare and submit for the City's Project Representative'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 same extent as the Design/Builder is bound to City, shall provide for a ten percent (10%) retainage for labor and materials, shall provide for termination of the Subcontractor Contract and Subconsultant Contract by the Design/Builder in the same manner and method as provided in Section 39 of this Agreement, and shall further provide that, in the event this Agreement is terminated for any reason, that the Subcontractor or Subconsultant shall, at City's option, perform its 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 32 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 the RFP of the type and on the terms and conditions as specified in such RFP. 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 unless and until the builder's risk insurance policy is provided to the City in accordance with this Agreement. 12. INDEMNITY. 12.1 Design-Builder shall indemnify and hold harmless City and the City's Project Representative, its officers and employees, from liabilities, damages, losses, and costs, including,but not limited to reasonable attorney's 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. F:566001:/Construction Docsffrost Park:/Design Build Agreement 33 12.3 To the extent this indemnification clause does not comply with Chapter 725, Florida Statutes, this provision and all aspects of the Contract Documents shall be interpreted as the parties' intention for the indemnification provisions and Contract Documents to comply with Chapter 725, Florida Statutes, as it may be amended from time to time. 13. BONDS. 13.1 Pursuant to and in accordance with Section 255.05, Florida Statutes, the Design/Builder shall obtain or cause to be obtained and thereafter at all times during the performance of the Construction Work maintain a Public Construction Bond as specified in the statute mentioned above or a separate performance bond and labor and material payment bond for the Construction Work (collectively referred to as the "Bonds") each in an amount equal to one hundred percent (100%) of the Contract Sum in form satisfactory to the City Attorney. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Sum. Within ten (10) days of issuance, Design/Builder shall record all bonds required by the Agreement in the Public Records of Broward County. 13.2 Prior to performing any portion of the Construction Work, the ® Design/Builder shall deliver to City the bonds required to be provided by Design/Builder as set forth in Section 13.1. 14. INDEPENDENT DESIGN/BUILDER. In performing its obligations under this Agreement,the Design/Builder shall be deemed an independent Design/Builder and not an agent or employee of City. The Design/Builder shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. 15. INSPECTIONS AND AUDIT. 15.1 The Design/Builder represents that it has inspected the Project Locations and is satisfied as to their 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 34 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 maintain records, as set forth in Section 15.4, for a period of six (6) years from the date ® of Final Payment under this Agreement, City will audit Design/Builder's and 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. 16. AS-BUILT PLANS AND SPECIFICATIONS. Concurrent with the Final Request for Payment, the Design/Builder shall furnish final as-built Plans and Specifications (including surveys) to the City's Project Representative in a format acceptable to the City's Project Representative, showing the exact locations of all structures and water, sewer, gas, fuel, telephone, security, and electric lines and mains and of all easements for such utilities then existing. Such as-built Plans and Specifications and surveys shall be prepared by, as applicable, a licensed architect or surveyor who shall certify that the Work is installed and erected entirely upon the Project Locations and within the building restriction lines, if any, and does not overhang or encroach upon any easement or right-of-way of others. 17. NO LIENS. 17.1 Design/Builder acknowledges and agrees that the Locations are owned by the City and are therefore excluded from the definition of "real property" upon which liens may be placed -as set forth in Section 713.01(24), Florida Statutes. Design/Builder further acknowledges and agrees that the Work to be performed under this Agreement is for the construction of public buildings or structures 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 35 ® 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 Locations and to look solely to the credit of the Design/Builder or its surety for payment of any sums due on the Project. 17.2 The Design/Builder shall not voluntarily permit any laborer's, materialmen's, mechanic's, or other similar lien to be filed or otherwise imposed on any part of the Work or the City's property. If any laborer's, materialmen's, mechanic's, or other similar lien or claim is filed and if the Design/Builder does not cause such lien to be released and discharged forthwith, or file a bond in lieu thereof, City shall have the right to pay all sums necessary to obtain such release and discharge and deduct all amounts so paid from the next payment due the Design/Builder under this Agreement. If any such lien is filed or otherwise imposed, at the request of City, the Design/Builder shall cause such lien to be released and otherwise discharged. The Design/Builder indemnifies and holds harmless City from all claims, losses, demands, causes of action, and expenses including attorneys' fees, or suits of whatever nature arising out of any such lien. 18. TITLE TO WORK. Immediately upon delivery and payment by the City to Design/Builder or supplier, as applicable, of Materials to the Project Locations 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 36 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 Locations 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 1.2.1, 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 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 37 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. COMMPLIANCE WITH LAWS. 21.1 The Design/Builder shall notify the City's Project Representative in writing of all conflicts between the Contract Documents and any laws, ordinances, rules, regulations and restrictions that come to the attention of the Design/Builder or should have come to the Design/Builder's attention with the exercise of due care. If the Design/Builder performs any of the Work knowing, or when with the exercise of due care the Design/Builder should have known, it to be contrary to any such laws, ordinances, rules, regulations or restrictions and fails to give the City's Project Representative written notice thereof prior to performance, the Design/Builder shall bear all related costs, liabilities, and expenses arising from such noncompliance including reasonable attorney fees and costs. 21.2 The Design/Builder, at its sole cost, shall obtain all necessary licenses, building and other permits, and similar authorizations from governmental authorities required or necessary to perform its obligations under this Agreement, and shall give all 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 38 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. 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 39 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. 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. 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 40 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 each 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 Locations clean and ready for occupancy by City at Substantial Completion. Design/Builder shall restore to original condition all property not designated for alteration by the Contract Documents. 25.3 Design/Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design/Builder subject any part of the Work or adjacent property to stresses or pressures that will result in endangerment. 26. RELATED CONSTRUCTION AT SITE. 26.1 City may perform other work at a Project Location by City's own forces, or let other direct contracts therefor or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents then (a) written notice will be given to Design/Builder prior to starting any such other work and (b) Design/Builder may make a request for a Change Order as provided in Section 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 41 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 DesignBuilder's Work depends upon work performed or services provided by others under this Section 26, Design/Builder shall inspect such other work and promptly report to the City's Project Representative in writing any delays, defects or deficiencies in such other work or services that render it unavailable or unsuitable for the proper execution and results of Design/Builder's Work. Design/Builder's failure so to report will constitute an acceptance of such other work as fit and proper for integration with Design/Builder's Work except for latent�or nonapparent defects and deficiencies in such other work. 26.4 Coordination. If City contracts with others for the performance of other work on the Project at the Project Site, the following information will be provided in writing to Design/Builder prior to the commencement of such work: 26.4.1 the individual who or entity which will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 26.4.2 the specific matters to be covered by such authority and responsibility will be itemized; and 26.4.3 the extent of such authority and responsibilities will be provided. 27. DESIGN/BUILDER'S WARRANTIES. The Design/Builder represents and warrants to the City: 27.1 That it is financially solvent, able to pay its debts as they mature, and is possessed of sufficient working capital to perform this Agreement; that it is able to furnish the Materials and Services; that it is experienced in and competent to perform the Work contemplated by this Agreement; and that it is qualified to do the Work and is authorized to do business in Florida. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 42 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 (1) year from the time of Final Completion of the Work or within such longer period of time as may be set forth in the Plans, Specifications, and Addenda or other Contract Documents or as may be required by law; and (c) replace, repair or restore any parts of the Project or associated furniture, fixtures, equipment or other items (whether placed at a Project Location by City or any other party) that are damaged by any such parts of the Work that do not conform to the requirements of this Agreement or are due to defects in the Work. The provisions of this Section 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 Design/Builder shall also be responsible to City for any damages suffered by City as a result of defects. The Design/Builder shall commence any Work required under this Section 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 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 43 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 City's sign ordinance. 30. PRESS RELEASES. The Design/Builder shall coordinate atiy""-public announcement or publicity releases relating to the Project through the City. The ® Design/Builder shall also require Subconsultants, Subcontractors, materialmen, suppliers, and vendors to comply with this requirement. 31. OWNERSHIP OF CONTRACT DOCUMENTS. All Plans, Specifications, Detail Drawings and other Drawings prepared in connection with the Project, upon payment by City to Design/Builder, shall be and remain the property of City and are not to be used by the Design/Builder on any other project and shall be relinquished to the City's Project Representative at Final Completion or sooner if otherwise required by this Agreement, provided, however, that the Design/Builder may maintain one record set of as-built drawings. Such Plans and Specifications shall be provided to the City's Project Representative with an authorization in a form and substance acceptable to the City's Project Representative from the applicable Subconsultants authorizing the City and its architects and engineers to use the Plans and Specifications and related documents for the Project. 32. REPRESENTATIVES. 32.1 The name of the party who is the City's Project Representative is shown in Section 1.2, above. City's Project Representative is authorized to recommend approval of Change Orders and increases in the Contract Sum, but Change Orders and increases in the Contract Sum shall be binding on City only if executed by City after having been approved in advance in writing by the City. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 44 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. 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 45 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 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 46 • 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 Design/Builder's surety shall be liable for and shall reimburse City for such excess costs and all delay and damages suffered by City as a result thereof. If after termination of this Agreement under this Section 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 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. F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 47 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 jr1trisdiction 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. r" 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 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 48 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 playing area, parking, drives, curbs, football goal posts, basketball backboards, tennis courts, ball fields, 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 base of the flagpole. The grate and invert elevation will be shown for all manholes and catch basins. Elevations to 0.01 foot will be indicated at all changes in ground level, such as ditches, and at intervals not exceeding 100 feet including all adjacent rights-of-way, Design/Builder shall replace all permanent corner markers which have been removed. An existing survey shall be furnished to the Design/Builder by the City and the final should update and correct the existing survey to illustrate the Work's relationships to the previously existing site and its improvements and appurtenances. 43.3 At the completion of the Work, the Design/Builder shall furnish six (6) certified prints and a sepia on 3 Mil Mylar of the survey to the City's Project Representative and an electronic version of the survey matching the Autocad drawing requirements for record documents specified above. This is a critical item and final F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 49 payment will be withheld from the Design/Builder until "Record Drawings" and final survey are furnished to the City's Project Representative. 44. OWNERSHIP OF DRAWINGS. In addition to and not as a substitute for Section 31 of this Agreement, all drawings, specifications, and copies thereof furnished by the Design/Builder become the property of the City. 45. GUARANTEE. In addition to and not as a substitute for Sections 27 and 28 of this Agreement,the Design/Builder shall guarantee his Work for a period of at lest 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 he 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 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, he shall remove from the F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 50 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 his 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: If to City: r City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Fax No.: (954) 921-2604 With a copy to: Thomas J. Ansbro, City Attorney Weiss Serota Helfman Pastoriza&Guedes, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, Florida 33312 Fax No. (954) 764-7770 If to Design/Builder: Mr. Gary J.McGeddy Coastal Contracting and Development, Inc. 807 N.Northlake Drive Hollywood,Florida 33019 Fax No. (954)9274480 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement 51 If to City's Project Representative: Ms. Janet E. Palacino,President Design& Construction Solutions,Inc. 318 Indian Trace#335 Weston, Florida 33326 954-560-1814 or 954-660-0227 IN WITNESS OF THE FOREGOING,this Agreement is executed and effective as of the date first above set forth. DESIGNBUILDER COASTAL CONT ING AND DEVELOPMENT,INC., a Florida c ti 7 By: _ 6'a 0 Name: Title: Dated: Q _, 2002 • CITY: CITY OF DANIA BEACH, a Florida municipal corporation i By: Robert Chunn, Mayor By: Ivan Pato,City Manager Dated: 2002 ATTEST: Charlene Johns , City Clerk APPROVED AS TO FORM AND CORRECTNESS: By: n ,` Thomas J,'Ansbro, City Attorney yam: 17:566001:/Construction Docs:/Frost Park:/Design Build Agreement 52 EXHIBIT A CONTRACT TIMES A. Design Services. Unless,otherwise agreed to in writing by the parties, the Design Services shall be commenced pursuant to a Notice to Proceed from the City's Project Representative to Design/Builder's Project Representative and completed within seventeen (17) 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 ninety (90) days after issuance of such Notice as to the Frost Park Improvements and with three hundred sixty-five (365) days after issuance of such Notice as to the Patrick J. Meli Aquatic Complex Work. Final Completion shall occur within forty-five (45) 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, per Project Site, if applicable 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. 07 F:566001:/Construction Docs:/Frost Park:/Design Build Agreement EXHIBIT B CHANGE ORDER TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 This Change Order will authorize the following change to the Agreement: The Work as set forth in the Agreement is amended to include the items set forth on Exhibit "A" attached and by this reference made a part of this document. This Change Order constitutes full, final, and complete authorization for compensation to the 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$1,472,000.00 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. COASTAL CONTRACTING CITY OF DANIA BEACH, AND DEVELOPMENT,, INC. a Florida municipal corporation a Florida corporation By: Ivan Pato, City Manager By: Name: Authorized by action of City Title: Commission of the City of — Dania Beach on , 200 J i EXHIBIT C REQUEST FOR PAYMENT TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 Invoice#: Date: Application is made for payment as shown below, in connection with the Design/Build Agreement (additional sheets are attached to provide a complete breakdown of the requested payment): 1.Guaranteed Maximum Price $ 2. Net Change by Change Orders $ 3. Guaranteed Maximum Price to date (Line 1 + 2) $ 4. Total Completed and Stored to date $ (see continuation sheet) 5. Retainage to date (see continuation sheet) $ 6. Total Earned less Retainage (Line 4 less Line 5 total) $ 7. Less Previous Requests for Payment $ (line 6 from previous Request) 8. Current Payment Due $ 9. Balance to Finish(Line 1 less Line 4) S 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. COASTAL CONTRACTING AND DEVELOPMENT, INC. a Florida corporation By: Name: Title: EXHIBIT D CERTIFICATE OF SUBCONTRACTOR & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the 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. 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 $ 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 E CERTIFICATE OF DESIGN/BUILDER & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the 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. I 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 $ 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_. $5 DESIGNBUILDER: COASTAL CONTRACTING AND DEVELOPMENT, INC., a Florida corporation 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 CERTIFICATE OF DESIGN/BUILDER & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the Design/Builder, which entity has executed the attached .Release and Waiver, and I certify that the Design/Builder has paid all employees, subcontractors and materialmen in full for all labor and materials supplied by them to, for or under the Design/Builder in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Design/Builder, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or any other property owned by the City of Dania Beach for material or labor supplied by, to, for or under the Design/Builder in connection with the Design/Builder's participation in the construction of the Project, the Design/Builder will immediately pay and satisfy such claim or lien or furnish a sufficient bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a signed instrument fully releasing any such liens. The Design/Builder further agrees to fully indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by,through or under the Design/Builder. I further certify on behalf of and in the name of the Design/Builder that the Design/Builder has complied with all federal state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Design/Builder's obligations in connection with the Project. THAT the undersigned Design/Builder, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, which Project is owned by the City, does fully and finally waive and release any and all liens, claims, actions, and demands, and all rights to same, against the City, the Project, the real property upon which the Project is located and any and all other property owned by the City, in connection with labor, supplies, Materials and services supplied by the undersigned to the Project prior to and through the date of this document; and THAT the undersigned Design/Builder does acknowledge and represent that: 3. Through the date of this document, the undersigned has received total payments in the amount of $ for labor and materials supplied to or for the Project; and 4. The undersigned Design/Builder acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and materials supplied by the undersigned to or for the Project prior to, through and including the date below, it being understood that retainage in the amount $ of is being withheld pursuant to the terms of the Agreement. This instrument has been executed on , 200 . DESIGNBUILDER: COASTAL CONTRACTING AND DEVELOPMENT, INC., a Florida corporation 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 G CERTIFICATE OF SUBCONTRACTOR & PARTIAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the 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. i 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$ is being withheld pursuant to the terms of the Agreement. SS This instrument has been executed on 1200 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: i EXHIBIT H ASSIGNMENT TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. 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 O 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. Subcontractor agrees with the City as follows: That Subcontractor consents to the foregoing assignment and agrees to notify i i 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 surety. That the City has no obligation to exercise its rights under this Assignment and furthermore has no obligation to pay Subcontractor unless the City exercises its rights as set forth in this document. That this Assignment does not create third party beneficiary rights under the Agreement in favor of anyone, including Subcontractor. • IN WITNESS OF THE FOREGOING, this instrument shall be effective as of the date of the Subcontract. DESIGNBUILDER: COASTAL CONTRACTING AND DEVELOPMENT, INC., a Florida corporation By: Name: Title: Date: STATE OF FLORIDA ) COUNTY OF BROWARD ) This instrument was acknowledged before me on 200_ by who signed it on behalf of the corporation • identified above and` who [ ] is personally know to me or [ ] produced as identification. Notary Public: (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: i S EXHIBIT I PERFORMANCE BOND TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 STATE OF FLORIDA COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That COASTAL CONTRACTING AND DEVELOPMENT, INC., a Florida corporation 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 , 2002„ 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 City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: (1) Complete the Agreement in accordance with the terms and conditions; or (2) Obtain a bid or bids for completion of the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Surety for completion of the Agreement in accordance with the terms and conditions, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this contract or contracts of completion arranged under this Paragraph) sufficient funds to pay the cost of completion less the balance of the Agreement price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amounts set forth in the first paragraph hereof. The term"balance of the Agreement price" as used in this Paragraph, shall mean the total amount payable by the City to Design/Builder under the Agreement and amendments to it, less the amount paid by the City to Design/Builder and less amounts withheld by the City pursuant to its rights under the Agreement. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in • any way affect its obligation on this bond, and it does waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder and further agrees to all of the terms contained in the Agreement. IN WITNESS OF THE FOREGOING, the said Principal and Surety have signed and sealed this instrument on , 2002. PRINCIPAL SURETY COASTAL CONTRACTING By: AND DEVELOPMENT, INC., Name: a Florida corporation Title: Date: By: Name: Title: Date: i • EXHIBIT J LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach PROJECT: Frost Park Improvements and Patrick J. Mel! Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. DATE: , 200 STATE OF FLORIDA ) COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That COASTAL CONTRACTING AND DEVELOPMENT, INC., a Florida corporation 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 2002, 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 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 'i Agreement or with the changes do not affect Surety's obligations under this Bond, and Surety does waive notice of any such changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications and drawings, or the work to be performed thereunder. This Bond is filed in accordance with Section 713.23, Florida Statues, or Section 255.05, Florida Statutes, whichever or both as may be applicable. IN WITNESS OF THE FOREGOING,the Principal and Surety have signed and sealed this instrument this on , 2002. PRINCIPAL SURETY COASTAL CONTRACTING By: AND DEVELOMENT, INC., Name: a Florida corporation Title: Date: By: Name: Title: Date: 1 a EXHIBIT K NOTICE TO PROCEED TO: Coastal Contracting and Development, Inc. From: City of Dania Beach, Florida PROJECT: Frost Park Improvements and Patrick J. Meli Aquatic Complex DESIGN/BUILDER: Coastal Contracting and Development, Inc. 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 aby 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) i Design ocons ction 3019 DIS -An Uncom►entional Compaq in a Conventional Industry" LETTER OF TRANSMITTAL Date: Oct 16, 2002 Frost Park Improvements Project Name: Meh Park Aquatic Complex Project#: RECO1-02R To: City of Dania Beach Attn: Bonnie Temchuk, Asst. to the City Manager Cc: From: Janet E. Palacino WE ARE SENDING YOU roc Attached ❑Under separate cover via the following items: ❑Shop Drawings ❑Prints [-]Plans ❑Samples ❑Specifications ❑Copy of letter ❑Change Order ❑Drawings ❑Other The items are Transmitted as checked below: ixx For approval ❑ Approved as noted ❑ Submit copies for distribution xx As requested ❑ Returned for corrections ❑ Return corrected prints xx For review and comment ❑ Other REMARKS: Bonnie, Attached please find the three copies of the Design-Build Agreement between Coastal Contracting and the City of Dania Beach. As I had mentioned to you, I believe section 1.2 and the definitions should indicate the City's Proiect Representative as Design&Construction Solutions, Inc and NOT individuals, but in the interest of moving this expeditiously, I am forwarding it. Please feel free to call me at 954-660-0227 or 954-560-1814 should you have any questions. SIGNED: eQ plon, t,/I et E. Palacino, President • G/A-007 DAMSProcedure ManuallGeneral AdministrativelCorrespondence FormsUransmitl2remarks.doc Revised Jan.01 Copyright©Z001, Design a Construction Solutions,Inc. All tights reserved. ri Its REQUEST FOR PROPOSALS CITY OF DANIA BEACH, FLORIDA Notice is hereby given that the City Commission of the City of Dania Beach, Florida, is seeking Requests for Proposals (RFP) for: DESIGN/BUILD— FROST PARK IMPROVEMENTS AND PATRICK J. MELI PARK AQUATIC COMPLEX RFP specifications may be obtained from the Office of the City Clerk, 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004, or by calling (954) 924-3624. For additional information, please contact Randy Wilkinson, Parks & Recreation Director, at (954) 924-3730. A mandatory Pre-Proposal Conference will be held Thursday, July 25, 2002, at 10:00 A.M. in the Conference Room at City Hall, 100 West Dania Beach Boulevard, Dania ® Beach, Florida. The purpose of the Pre-Proposal Conference is to discuss the contents of this Request for Proposals and Offerors' inquiries. RFP packages must consist of seven (7) copies submitted to the City of Dania Beach, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, to the attention of the City Clerk's Office. The Phase 1 submission, due by no later than 3:15 p.m. on Friday, August 9, 2002 shall be submitted in a sealed envelope and shall contain the Proposer's qualifications, reference, and technical proposal. The Phase 2 submission will be required of the shortlisted firms only and is due by no later than 3:15 p.m. on Thursday, September 12, 2002. The Phase 2 submission shall be submitted in a sealed envelope and shall contain the Proposer's prices for their proposed design and construction services. All proposals to be delivered either by mail or hand delivered to the Office of the City Clerk, City Hall, 100 W. Dania Beach Blvd., Dania Beach, Florida 33004. The RFP's will be publicly opened on Friday, August 9, 2002 at 3:30 P.M. in the City's Conference Room. RFP Envelopes must be sealed and plainly marked: "RFP-" DESIGN/BUILD— FROST PARK IMPROVEMENTS AND PATRICK J. MELI PARK AQUATIC COMPLEX The City of Dania Beach reserves the right to reject any and all RFPs, to waive any and all informalities or irregularities, and or reject all or any part of any RFPs 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. HCharlene Johnson, CIVIC City Clerk Sun Sentinel publication: Run July 8 and July 15, 2002. l AGENDA REQUEST FORM CITY OF DANIA BEACH � To Administrative Services Department a; Prepared By: Bonnie Temchuk Date: 9/17/02 --------------------------------------------------------------------------------------------------------------------------------- Please complete the following items related to your agenda request. 1. Date of Commission meeting: 6124/02 2. Title: Frost Park/Meli Pool Project 3. Commission action requested: Adopt Resolution or Ordinance ❑ Expenditure ❑ Award Bid/RFP Presentation ❑ General approval of item ❑ Continued from meeting ❑ Other(please explain) ❑ 4. Summary explanation & background: Bids were accepted and presentations given by three Design/Build companies for the Frost Park Renovations/Meli Pool project. Rankings were as follows: 1. Coastal Contracting and Development, Inc. 2. Republic Construction and Development 3. Recreational Design and Construction, Inc. Total project cost from Coastal Contracting and Development, Inc. is $1,472,000.00. The grant award for both projects is $1,472,080.00. 5.Attached Exhibits (please list): 1. Bid Package from Coastal Contracting and Development, Inc. 6. List Additional Backup Materials Provided: 7. For purchasing requests only: Fund Account name: A-s� � P�oN Account#: 3 7d- —000 yj�/,/7a,ovo v Finance Director Approval ('-I�D� 8. Reviewed and approved: JAk 9 Department Director Date r' i Manager Dat } CITY OF DANIA BEACH DESIGN/BUILD FROST PARK IMPROVEMENTS AND PATRICK J. MELI AQUATIC COMPLEX RFP # REC-01-02-R SUBMITTED BY: COASTAL CONTRACTING AND DEVELOPMENT, INC. 807 N. Northlake Drive Hollywood, FL 33019 PROPOSAL FORM FOR DESIGNBUILD FROST PARK IMPROVEMENTS And PATRICK J. MELI AQUATIC COMPLEX Request for Proposal NO. REC-01-02-R SUBMITTED TO: ' City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach, Fl 33004 1 . The undersigned Offeror proposes and agrees,if this Proposal is accepted, to enter into an Agreement with CITY to perfoim and furnish all work as specified or indicated in the Proposal and Contract Documents for the Contract price and within the Contract time indicated in the Proposal and in accordance with the other terms and conditions of the Proposal and Contract Documents. 2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposals,Instructions to Offerors and Special Conditions, including without limitation those pertaining to the disposition of Proposal Security. 3. The Offeror has examined the site of the project and has become fully informed concerning the local conditions, and nature and extent of work, and has examined all Contract Documents and bond and insurance requirements. 4. Offeror has given the Purchasing Agent written notice of all conflicts, errors or discrepancies that it has discovered in the Contract and/or Proposal documents and the written resolution thereof by the Purchasing Agent is acceptable to Offeror. S. Offeror proposes to furnish all labor, professional design services, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the design and construction of the work described as follows: FROST PARK IMPROVEMENTS—300 N.E. 2°d Street And PATRICK J. MELI AQUATIC COMPLEX—2901 S.W. 52°d Street • NOTE: OFFERORS MAY ADD ITEMS OR FURTHER DELINEATE COST BREAK- OUTS PROVIDED THAT MINIMUM REQUIREMENTS AS SET OUT BELOW ARE INCLUDED. 6. Offeror will complete the work for the following prices: DESCRIPTION FROST PARK IMPROVEMENTS Resurface and install new lighting on 3 tennis courts, 1 basketball court and 1 paddleball court. Roofs for 2 dugouts Resurface grass area of multi-use athletic field: Construct two(2) 12' x 12' and one.(1)36' Hexagon shade shelters Walking/jogging trail—increase width to five feet with suface material in. compliance with ADA, install 7 to 9 exercise stations. Add/install lighting on Roller Hockey Rink(minimum 40ft. candle power maintained) PA TRICK J.MELI A0UATIC COMPLEX One(1)25 yd x 25 meter,eight(8)lane stainless steel swimming pool with a PVC liner, service building and general amenities. GENERAL CONDITIONS Professional Design Services Permit Drawings and Fees Insurance and Bonds (100%Performance and Payment Bonds) Clean Up Protection&Temporary Services and Controls Profit and Overhead Insurance TOTAL COST FOR PROJECTS 1,472,000.00 ** **One Million, Four Hundred Seventy—two Thousand Dollars** "The City,may at it's option,request a separate breakdown of the total cost separating Frost Park Improvements and Patrick J.Meli Aquatic Complex after selection. Submitted by: Coast ti an rDpepm nt, Inc. ary cGeddy, reside t 7. Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Request for Proposals: AddendumNo. 1 Date July 29, 2002 AddendumNo. 2 Date August 7, 2002 Addendum No. 3 Date Received on September 6, 2002 8. Offeror accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 9. The following documents are attached to and made as a condition to this Proposal: (a)Proposal and Offeroes Certification ** (b)Non-Collusive Affidavit ** (c)Public Entity Crimes Form ** (d) Certified Resolution or other document evidencing authority to sign the Proposal, Contract and other documents which bind the Offeror ** (e) Qualifications Statement, if required by the Special Conditions to the Instructions to Offerors (f) Proposal security ** (g) Offerors Corporate Statement (h) Certificate of Insurance **These items noted with an asterik were submitted in the Phase I package 10. PLEASE HAVE YOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOUR PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THE INSTRUCTIONS TO OFFERORS. 11. The correct legal name of Offeror is: Coastal Contracting and Development, Inc. City/State/Zip: 807 N. Northlake Drive Hollywood, FL 33019 Telephone No.: (954) 920-7444 Sagi"wmiky4k. or Federal I.D. No.: 65-0013610 12. Communications concerning this Proposal shall be addressed to Gary T. McGeddy at the following address: Coastal Contracting and Development, Inc. 807 N. Northlake Drive Hollywood, FL 33019 Submitted on a tember 20 02 Submitted by: Coastal ra t g d eve p nt, Inc. ry J. c eddy, siden Original document was included in the Phase I submission package OFFEROR'S CERTIFICATION WHEN OFFEROR IS A CORPORATION IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this 9th day of August , 20 02 COASTAL CONTRACTING AND DEVELOPMENT, INC. Printed Nq1nj of Corporation Flo id (CORPORATE SEAL) Pri4J. o tion By: Signt or er auth ed officer dy, President ATTE Printed Name of President or Other authorized officer By 807 N. Northlake Drive Se re Address of Corporation Hollywood, FL 33019 City/State/Zip 954-920-7444 Business Phone Number On this the 9thd-a-y August 20 02 before me, the undersigned Notary Public of the State of Florida , the forgoing instrument was acknowledged by Gary J. McGeddy, President (Name of corporate officer(s) and his/her/their corporate title(s)] of Coastal Contracting and Development, Inc. .on (Name of corporation and state or place of incorporation) incorporated in the State of Florida behalf of the corporation. WITNESS my hand and official seal. NdTARy iT9LIC, STATE OF FLORIDA NOTARY PUBLIC Beverly J. Thompson _ SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) OFFICIAL NOTARY SEAL BEVERLY J THOMPSON Personally known to me, id=fi£ : NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.DD064290 MY COMMISSION EXP.OCT,28,2005 (Type of Identification Produced DID take an oath, or DID NOT take an oath. • SCSI DUE OF � VALU S • Coislil anDovelopmoni, Inc, P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 • Fax: 954-927-4480 Coastal Hollywood@aol.com SCHEDULE OF VALUES for FROST PARK G.C.&Supervision for 3 months 15,000.00 Resurface of all courts 40,000.00 Lighting—Tennis Area 58,000.00 Lighting—Hockey Rink 41,000.00 36'Gazebo 37,000.00 12' Gazebo 2 @ $11,500 ea. 23,000.00 Dugout structures 2 @ $12,500 ea. 25,000.00 Jogging Path (based on 1000 LF x s.f.) 17,000.00 Exercise Equipment&signage for seven (7) stations 9,000.00 Field Restoration—Based on 20,000 s.f.of sod & regrading as required. 10,000.00 Job Clean-up 3,000.00 .Design fees 20,000.00 Bond& Insurance 7,000.00 TOTAL $305,000.00 *5%Overhead and 10% Profit included in values Cooslel anDevelopmenl, Inc, P.O. Box 22-3976 Hollywood, Florida 33022-3976 954-920-7444 9 Fax: 954-927-4480 Coastal Hol lywood@aol.com SCHEDULE OF VALUES for Patrick J. Meli Aquatic Complex G.C. &Supervision for 8 months 48,000.00 Temporary Facility,fencing,&clean-up 12,000.00 Survey&testing 6,000.00 Demolition 15,000.00 Tree relocation 17,000.00 Irrigation &sod 6,000.00 Excavation &backfill for pool 28,000.00 Dewatering,well points,etc. 23,000.00 Pool foundation &slab 57,000.00 Pool Decking 46,000.00 Building package 190,000.00 Sidewalks&handicap ramp 7,000.00 Pool Package 490,000.00 Concrete tanks&drainage area for backwash from pool 16,000.00 Septic system for building 7,000.00 Water service 7,000.00 Benches&trash receptacles 3,000.00 Restoration of one (1) basketball court 5,000.00 Fencing around pool 13,000.00 Lighting&pool equipment connection 46,000.00 Design fees 80,000.00 Bond&insurance 45,000.00 TOTAL 1,167,000.00 *5%Overhead and 10% Profit included in values • � ARTICLES OF INCORPORATION V Z��t.1Wc MR HE -aeg Hn xw x x x x W101H x x x x H x x x x x x of HE D� ta KOM DVC J�C1 H VeIACXV4 D C �P�rttrftnPni of �ttttp�" Gnu �V� V MEN Inc ARM I certify from the records of this office that COASTAL CONSTRACTING AND RM XV X4 DEVELOPMENT, INC. is a corporation organized under the laws of the State of HE nDVC Florida, filed on April 19, 1993. Gn� HIM The document number of this corporation is P93000028892. ggjq Z%g) s 1 further certify that said corporation has paid all fees and penalties due this office 60 through December 31, 1994, that its most recent annual report was filed on D DApril 25, 1994, and its status is active. 'V O �� , E D I further certify that said corporation has not filed Articles of Dissolution. HAININ ., n � X113 D CMO J5 HMO! 4�. ` D CV 6ibin unbef mp banb anb the �1 great meal of tie Mate of_1loriba, MAN at Tallabagar, the vital, tbig the 'ICE@ �nC Twenty-seventh Dap of April, 1994 . Hello 'X R DVC iaA WF Tim 'Smtt4 XVQ11' CCR2E022(2-91) �erretarg of jitate A D D ®nc®�CD D ��CDnC�nC�nCanc��CDnc® ® D D °G R�R-MM",HIRC ARTICLES OF INCORPORATION 1993 APR 1 9 pH 3. 4 3 of SEC[iE Tf f r, ;yr COASTAL CONTRACTING and DEVELOPMENT, INCrAELAf1ASSE J l AJE E, FL 0171DA ARTICLE I NAME The name of this corporation is Coastal Contracting and Development, Inc. ARTICLE II The corporation shall exist for a period commencing at the time of filing these Articles of Incorporation with the Florida Department of State, and perpetually thereafter. ARTICLE III • This corporation is organized for the purposed of transacting any or all lawful business. ARTICLE IV CAPITAL STOCK This corporation is authorized to issue one thousand (1,000) shares of one ($1.00) dollar oar value common stock. ARTICLE V INITIAL REGISTERED OFFICE AND AGENT The street address of the initial registered office of this corporation is 4001 South Ocean Drive, #14K, Hollywood, Florida 33019, and the name of the initial registered agent of this corporation at that address is Gary McGeddy. ARTICLE VI INITIAL BOARD OF DIRECTORS This corporation shall have 1 director initially. The number of directors may be increased or diminished from time to time by the Bylaws but shall never be less than one (1). The name and address of the initial director of this corporation is as follows: Gary McGeddy 4001 South Ocean Drive, #14K Hollywood, FL 33019 ARTICLE INCORPORATION The name and address of the person signing these articles is Gary McGeddy, 4001 South Ocean Drive, #14K, Hollywood, Florida 33019. ARTICLE VIII PRINCIPAL OFFICE The principal address of the corporation is 4001 South Ocean Drive, #14K, Hollywood, Florida 33019. ARTICLE IX BYLAWS The power to adopt, alter, amend or repeal Bylaws shall be vested in the Board of Directors and the shareholder(s). ARTICLE X RESTRICTIONS ON TRANSFER OF STOCK Shares of capital stock of this corporation shall be issued initially to the following person and in the amount set forth below: 40 Gary McGeddy 100 shares ARTICLE XI AMENDMENT This corporation reserves the right to amend or repeal any provision contained in these Articles of Incorporation, or any amendment thereto, and any right conferred upon the shareholder(s) is subject to this reservation. IN WITNESS WHEREOF, the undersigned subscribes has executed these Articles of Incorporation this 1 day of cf✓ , 1993. 2&c. Gary eddy STATE'OF FLORIDA ) COUNTY OF BROWARD) BEFORE ME, a Notary Public authorized to take acknowledgments in the state and county aforesaid, personally appeared Gary McGeddy, known to me and known by me to be the person who executed before me that he executed these Articles of Incorporation for the purposes therein stated. WITNESS my hand and official seal this .gay of 1993. NOT P'O BLIC STATE OF FLORIDA AT LARGE My commission expires: NOTARY PUBLIC. STATE OF FLORIDA. MY COMMISSION EXPIRES: DEC. 3. 1993. BONDED TNRU NOTARY PUBLIC UNDERWRITER!. FILED CERTIFICATE OF DESIGNATION 1993 APR 19 PM 3: 43 SE CR f=--,A- G% REGISTERED AGENT/REGISTERED OFFICE TALi_AHQS'SEE, FLORIDA Pursuant to the.provisions of section 607.0501, Florida Statutes, the undersigned corporation, organized under the laws of the State of Florida, submits the following statement in designating .the:registered office/registered agent, in the state of Florida: 1. The name of the corporation is: Coastal C✓ntractin^y and, ✓3 W !cp na nt, $I i^.•. 2. The name and address of the registered agent and office is: Gary McGeddy 4001 South Ocean Drive, #14K Hollywood, FL 33019 SIGNATURE ';'V &" TITLE DATE -3 Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent. SIGNATURE • DATE • CERTIFICATE OF INSURA N- CE • p DATE(MMlDOM) T� riVVll Q, 09/11/2002 � THIS CERTIFICATE 19 ISSUED AS A MATTER OF INFORMATION aRODucsR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Inaurance Services, Inc ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 45 Davie Blvd #105 COMPANIES AFFORDINO COVERAOE Ft Lauderdale, Fl 33312 COMPANY 954-583-7213 A Scottsdale Ins INSURED COMPANY Coastal Contracting B Granada Ins. and Development, Inc. COMPANY 807 North Northlake Dr C WestPort Ins . Hollywood, FL; 33019 COMPANY 1(954) 920-7444 0 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. TYFk OF INSURANCE POLICY NUMBER POLICY EFFCCTFVE POLICY EXPIRATION LIMITS LTR DATE(MMIODIYY) DATE(MNIIDDIYY) GENERAL L7AWLITY BODILY INJURY OCC S X OOMPREHENSfVE FORM 90DILY INJURY AGG S �. X PREMISESIOP6RATION3 PROPERTY DAMAGE OCC 3 X O ODGION A COLLAPSE HAZARD PROPERTY DAMAGE AOG t A X PRODUCTMOMPLETED OPr.R En a PO COMINNED OCC $1 mill X coNTRACTUAL C L S 7 3 515 9 02 O 1/0 2 0 2/01/0 3 BI A PO COMBINED AGG s 2 mill X INDEPENDENT CONTRACTORS PERSONAL INJURY AGO 51 mill X BROAD FORM PROPERTY DAMAGE X PER80NALINJURY AUTOMOBILE LIABILITY BODILY INJURY b ANY AUTO (Pet parson) ALL OWNED AUTOS(Prlvala Pati1 BODILY INJURY ALL OWNED AUTOS E (Otheergum PnVatePassarlpar) (Perac bwt) B X HIREDAUTOS CA1071,2 7/23/02 7/23/03 PROPERTY DAMAGE t X NON-OWNEp A(JT03 GARAGE LIAGILITY BODILY INJURY A X a°BIN o°A OE $ scheduled 500 OOOCSL EXCESS LIABILITY BACK OCCURRENCE _ L UM19RELLAFORM AGGREGATE S OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND TORY LIMI - OTH- RMPLOYERW LIABILITY EL EACH ACCIDENT_ __ a 10 0, 000 _ C THEPARTNER8IEXECUTt1fE PROPREX O X INCL WC 2 0 01 1.1/0 2/01 11/0 2/0 2 EL DISEASE-POLICY LIMIT 3,900, 000 OFFICERS ARE: EXCL EL DISEASE•EA EMPLOYEE $10 O 0 0 O OTHER . I 1 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS Proposal # REC 01-02-R Design/Build Frost Park Improvements & Patrick J Meli Aquatic Complez AHOULD A F THE ABOVE DESCRIBED POLICIES N CANCELLED BEFORE THE ADDITIONAL INSURED: EXPIRAT DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Dania Bch AVA WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 100 W Dania Bch Blvd BUT LURE TO MAIL SUCH NOTICE$HALL IMPOSE NO OBLWATION ore LIABILITY Dania, F1 33004 KIN ON THE COMPANY, ITS AGENTS OR REPRESERTAnVEE. A HO PRESENTATIVE I >. JW Insurance Services, Inc, 2145 Davie Blvd. #105 Ft Lauderdale, Fl 33312 Phone (954) 5$3-7213 Fax (954) 583-2045 Wednesday, September 11, 2002 City of Dania Bch Re: Coastal Contracting Proposal No: REC-01-02-R Design/Build Frost Park Improvements & Patrick J Meli Aquatic Complex To Whom it may concern: Please be advised that upon acceptance p ptan of the contract, Coastal Contracting will meet the insurance requirements as requested. The workers compensation limits will be increased to $1,000,000 per accident. Also, A Builders risk policy will be in purchased per requirements. If y have any questions, please feel free to contact me. Th , Jenni w eidmann i AcoR� CERTIFICATE OF LIABILITY IIVSI,�l��4` N'CIID E2 DA06/2DDlYY) 5 06/21/02 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 0. Box 5727 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 10Lauderdale FL 33310-5727 INSURERS AFFORDING COVERAGE 1e: 954-776-2222 Fax:954-776-4446 INSURED INSURER A: Hartford Ins Co of the S.E. INSURER B: Hartford Ins Co of the S.E. The Tamara Peacock Co. , P.A. INSURERC: Steadfast Insurance Co 301 East Las Olas Blvd rINSURERD: Fort Lauderdale FL 33301 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED.NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS S! JWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rMIC7EFFECTrW POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 21 SBAGD 6 9 2 2 0 2/2 5/0 2 0 2/2 5/0 3 FIRE DAMAGE(Any one tlre) E 300,000 CLAIMS MADE a OCCUR MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,0 0 0,0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 17 POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S1,000,000 A ANY AUTO 21SBAGD6922 02/25/02 02/25/03 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY S (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE S (Per acddenl) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE S $ 01 DEDUCTIBLE a RETENTION S WORKERS COMPENSATION AND X TORY LIMITS ER B EMPLOYERS'LIABILITY 21WECDE1894 07/13/02 07/13/03 E.L.EACH ACCIDENT S100,000 E.L.DISEASE-EAEMPLOYEE S 10 0,00 0 E.L.DISEASE-POLICY LIMIT $500,000 OTHER C Professional EOC2158393-04 07/15/00 07/15/03 E Claim $1,000,000 Liability Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER N I ADDITIONAL INSURED:INSURER LETTER:— CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1-0—DAYS WRITTEN FOR RECORD PURPOSES ONLY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHOR RES6N,.ATIVE„ ACORD 25-S(7/97) ©ACORD CORPORATION 1988 • BID BOND • • Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we Coastal Contracting & Development, Inc. P.O. Box 22-3976, Hollywood, FL 33022 as Principal, hereinafter called the Principal,and Fidelity & Guaranty Insurance Company 600 N. Westshore Blvd, Suite 400, Tampa, FL 33609 a corporation duly organized under the laws of the State of Iowa. as Surety, hereinafter called the Surety, are held and firmly bound unto City of Dania Beach, 100 W. Dania Beach Blvd., Dania Beach, FL 33004 as Obligee, hereinafter call the Obligee,in the sum of Five Percent of Amount Bid( 5% for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the said Principal has submitted a bid for-Design/Build Frost Park Improvements and Patrick J. Meli Park NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be • specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed September 12, 2002. Witnesses: Coasts C racti 4"pnWn�tnc. (Seal) B Fidelity & Guaranty Insurance Co pany (Seal) f] 9 L' B / e act and ,, lpidda Resident Agent Theul POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company Power of Attorney No. 22624 Certificate No. 1135812 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters,Inc. is a corporation duly organized under the laws of the State of Wisconsin(herein collectirelr called the "Companies"), and that the Companies do hereby make,constitute and appoint G.W.Fitch,Gerald J.Arch,Michael A.Holmes and James F.Murphy Ft.Lauderdale Florida of the City of ,State their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 9th day of July 2.0 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company SWEry Mi•-� \�a..MSG Ja�....:s.�9g1 4,�Y'WO 1F * =1ipa FOq��F m Q�oa�oa�lt^ �y NCdflpprytTm_ o t996 1977 JOHN F.PHINNEY,Vice President 11927 O `.,SEAI..:o't � SS+iL,�e '+ 7 � 1951 State of Maryland City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary On this 9th day of July 2001 before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. O�GGpEA3(�eJ� Adj V� Hoi, In Witness Whereof,I hereunto set my hand and official seal. m PUB1 My Commission expires the 13th day of July,2002. 41, REBECCA EASLEY-ONOKALA,Notary Public E cal This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and •ffect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this I2th day of September 2002 r Thomas E.Huibregtse,Assistant Secretary To verify the authenticity of this Power of Attorney,call 1-800-421-3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, 'he above-named indivuivals and the details of the bond to which the power is attached. � O LO come /n e i ,��Lf•r dk'F Ss.,..Y 4��,' Lt 40 ua dip 4ME �x, yY� �c o 210 grab$ �F - • • � e; i �M° �.• a s, " mow " Y ; .,. a `�.a`.` ` r 'Ali-.fy �. . " s / z ry ...s:'L `�GS ky,"'yk"Ah .Y?•N.rr.�' Y o'`§�•g`'�'' ON, �t Wit; a dt `.ae a At NO ,g . 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F.+ 4'V y U ' N W G O' O O O O O OOIL ..............__...L�.........»«....__......................................._. ...........�. " _............................._.........._....... ................. 00 A b A I.r1 b_ _ -- O O tly r ._............__................................._.............�.... ............ .........._.. ._ r t � � .............................. .... ............... .... ............... N • ...........................---____................................................. j a P' 0 Sr. r 4� ���S'� S1 a� • s :, �:��', .fir:. ;-' •ry`y � > hx,, a, III ;'spy�t4 �`""�''t.l.��`� `.'e x'.k 1. x �•'ri ��, Wo SM itO Y : Room W^t�Z. �Ktg's i S 4 PTd: M �� �IV���a ¢ � � � � F " -mi, �S'"'S-� A' R.L. .3�"iFS3'*,F •� ,' _: � kgfuffi RX` . �4�h� T2hk iv.a���yi.V3i 4St , c Products LLC. Sport (pool proposal prepared for City off arias - Frost PC-Irk `ram Products LLC. Table of Contents Company Information page 1 -2 Quality Without Compromise page 3 Structural Integrity page 4 Pool Wall Construction page 5 Pool Wall Section Locking Membrane page 6 ® Pool Wall Membrane page 7 Sport Pool Specifications page 8 Bradford .Gutter Systems page 9-10 Anatomy of a Bradford Sport Pool page 1 1 Bradford page 12 Products LLC. Company Information Bradford History Bradford Products, LLC has over 40 years experience in the industry of stainless steel fabrication, and over 20 years experience in the design and manufacturing of stainless steel spas, swim spas, therapy tanks and swimming pools. Bradford's ability to produce world class aquatic vessels has put us at the forefront of high profile and specialty.pool construction. With over a thousand commercial pool and spa installations from coast to coast in almost every environment and situation imaginable, Bradford has the experience, ability, and where-with-all to handle the most taxing projects. With state of the art equipment like our CNC Laser/Turret Press which is capable of punching 1/4" stainless steel while the table will accommodate a 60" x 144" blank. Bradford's digitally controlled shear has a tolerance of 0.0015" and the horizon of a laser cut piece is accurate to within 1/6000". All welding is done to exacting AWS standards for stainless steel. If ' i , 4 � f { ; , 1 _ $ {{ { ti e 3- c'is SHOVlpppy t � t. Jfp MK Facility Bradford Products, LLC's 25,000 sq. ft. manufacturing plant is located at 6502 ® Windmill Way in Dutch Square Industrial Park in Wilmington, North Carolina. Page 1 ti -� Products LLC. Company Information Staff Bradford maintains a full-time staff of 28 highly skilled and motivated welders, machine operators, tilers, CAD h draftsmen, engineering, sales and support personnel. Job Coordination Bradford's commitment to quality and , r>r customer satisfaction is paramount in our job description. From conception, to the satisfaction of a job well done, Bradford maintains constant open lines of communication with all principals +� " and subordinates involved within our �- scope of work and project assignment. Team The design/build collaborative effort of: The Tamara Peacock Company Coastal Contractors & Development Bradford Products Aquatic Design ...offers the City of Dania Beach one of the most comprehensive, innovative, imaginative, pro-active, and accomplished groups assembled for a municipal project such as this. Hundreds of Satisfied Commercial Customers Over the past twenty years Bradford has amassed literally hundreds of satisfied commercial customers, and thousands of satisfied private property owners. Page 2 Products LLC. Quality Without Compromise When the situation or your budget requires a pool with less flare than the Stainless Steel and Ceramic Tile package of the Bradford Signature pool, Bradford Products' Sport Pool gives the commercial and competitive aquatic markets a pool that will satisfy their needs without breaking their budgets. By improving upon some well established designs, and employing new techniques developed through our years as a world class manufacturer of stainless steel spas and swimming pools. Bradford Products can give you a pool that is designed- and built using cutting edge technology coupled with a maintenance free finish. (The 60mil PVC-P membrane will never need to be: painted, re-painted, sand blasted, acid washed, neutralized, caulked or re-tiled. The panel sections are brake formed to widths not to exceed 30", thus ® adding to the structural integrity of the pool. "K"- frame bracing struts at 30" intervals adding to the rigidity, and defining the true plumb of the wall. Page 3 Products LLC. Structural Integrity The Bradford Commercial Pool Series uses the benefit of repetitive manufacturing, CNC Carbon Dioxide Laser/Turret Press, and CAD interfacing to produce wall panels that have the same fit every time. This precise manufacturing allows Bradford to maintain a very competitive price line. At the same time, by using the more corrosion resistant .105" thick, 12 ga. Type 316L Stainless Steel for the wall panels, instead of .075" thick 14 ga. Type 304 Stainless Steel, we are able to offer a considerably more substantial vessel. The wall panels are set on 10' x 1'6" sections of pre-manufactured stainless steel ladder braced "Uni-Base" assemblies with Bradford's unique radius floor/wall joint. The "Uni-Base" assemblies give . the Bradford pools a square and level platform for the erection of the walls and "K"-Frame bracing. A Unlike wall braced designs that rely upon a single bolt on the rear leg of the brace to supply the anchoring and leveling, the Bradford "Uni- Base" gives a stable and expanded M footprint with multiple points of ° anchoring, and a system that evenly o distributes the load over a greater area giving you the most 0 ° secure wall system available. 0 0 0 0 0 0 0 ° Free Pour Concrete o e 0 After the walls have been trued and the "K" frames secured, a free-pour 0 of concrete locks the system together. 0 0 0 Radius Floor/Wall Joint Page 4 -- Products LLC. Pool Wall Construction The specially designed "K"-frame bracing is site assembled to enable the installation gLjae crew a faster and more precise method of Grace squaring the panels. In this modular manufacturing practice the close tolerances required to ensure the highest quality standards are strictly maintained. The "K"- frame braces are all manufactured 0 from Type 316L Stainless:Steel. Since the gutter system is the only metallic portion of the pool that actually is wet, 0 Bradford fabricates the gutter from Type guae', 316L, Stainless Steel. Once the gutter o 0 section has been mechanically secured to the wall panels it is welded to the "K"-frame and then welded to the adjoining gutter section to form a watertight vessel to carry • surface and surge water to the filtering process. This method of installation produces a continuous trough just like the o "'K'" FRAME gutter systems that are used on the Bradford BRACING Signature Pools and stainless steel gutter systems employed on monolithic poured pools. Gutters that rely on screws, rivets or caulk are more susceptible to potential leaks and weak points, than a fully welded gutter system from Bradford. The drop-out collection boxes are fabricated FINAL from Type 316L Stainless Steel the same CONCRETE as the gutter so that you are afforded one POUR of the most corrosion resistant alloys in the transition from pool to pipe. 0 Doo! floor SECOND v `e�aa �p >ap�a p as a�evaso a >p,< sic ao CONCRETE POUR v as ea a vd I�v,Qp v ae FIRST CONCRETE POUR FREE POUR CONCRETE Page 5 Products LLC. Pool Wall Section - "Locking Membrane" Delifol autier gate w 3 j Y s O 7 f, O Continuous gutter U. Clip o o I, f' I' I A high grade 60 mil PVC-P membrane E I reinforced with a polyester mesh f fabric is attached to)the pool wall on 4 the back-side with a unique o i mechanical method that eliminates the need to penetrate the membrane, thus greatly reducing the chance of compromising the water tight integrity of the sheet. The unique securing method is then enhanced by the setting of the stainless steel gutter. F rj Jyx r - O IF WHO 7 s� a > V o >� Pool Liner Detain Page 6 1.19 - - .40 Products LLC. Pool Liner Membrane The 60 mill PVC-P membrane is run 4 horizontally to negate any unsightly seams like those that can be formed ��� when panels that have a much lighter weight (20 mil) PVC sheet glued on { them prior to bending. The 60 mil a s membrane that Bradford uses as the wall liner is the same material that, is used on the pool bottom. - dMW 31Y By using this same slip-resistantMQ material on the walls as on the bottom, , the joining of the surfaces is much ;�x easier and the watertight integrity - of the membrane system is promoted. ,,��<� , .. 'R'r*�.:,'�3 ccyi��!. ;<.,,,1c�M,r 3T.iy�j 3.,,.�yY rvi ., i.i�....,'•: Typical Floor /Wall Joint Whether you choose the Bradford 154 Signature Pool, or Bradford's Sport pool, you can be certain that you will i be getting the most technically advanced and economically sound x pool available. .t`f 3 _ may[' _ �.. (^•. jtyy 5�y Page Section of Pool Wall -� Products LLC. Sport Pool Specifications Pool wall panels for both skimmer style pools and gutter type pools will be manufactured from 12 ga. Type 316L Stainless Steel li "K-Frame" or "A-Frame" style bracing will be manufactured from a minimum of 12 ga. 316L Stainless Steel. Dissimilar metals such as Core-10 or galvanized material shall not be used. The pool panels will be braced:no less than 30" on-center. Pool panels shall be joined one. to another. by.using 316 Stainless Steel nuts, bolts, and washers or a combination of bolting and welding using 316L wire in s a certified TIG or MIG procedure. 'u w The pool panels and all connecting components will be manufactured from Stainless Steel in 316L or higher grade to prevent a dissimilar metal reaction. When a gutter circulation system is required the gutter must be attached to the pool r; • walls an interlocking method by welding with 316L wire. The gutter shall be fabricated from 12 ga. 316L Stainless Steel and welded one section to another to ensure the absolute watertight integrity of the structure The welding of the gutter must be done by 316L certified welders. The gutter must be a continuous structure that does not use screws, rivets, caulk, sealants, or patchwork design to connect the sections. The wall and floor membrane--is to be 60 mil thick PVC-P with a reinforcing mesh of polyester fabric. The membrane must be suitable for commercial use. The termination of the membrane must be such so that it does not require the puncturing of the membrane or in such a manner that exposes the cut ends to constant contact with the pool water. The gutter is to have an acceptable provision for a slip resistant hand hold. The pool supplier shall be the manufacturer of record. No "job-shopping" will be allowed. The pool supplier have at least 10-years experience manufacturing . commercial stainless steel vessels. The pool supplier will furnish a fall set of detailed shop drawings within 30-days of the contract. Page 8 ,� i ✓¢` e _ 5 ,�� 'R � 8'� ss.ni,P 4 k;¢gw .,.A},�, aCx�sue'4�k" rt' �#�+S ?? IM nw— pal ,y,.s,r 'xr Wr Z, .. �` � ,,." a'�- '✓s Y`�'� + ,may ' `�' - ,, �s` Ss ' a x � A �e � xk Gutter Systems Mg OR -"' t y„} { c r# ✓r c ,rf "E r .. xx � ` I cl 0,1 NP Will � 7 ® `' 3.c''#�..src '' f. ."" t ah a�A . "„WIMM Si ` s , ;; u.Fx,4enz'x 6t ^ 4. t, i `-.F 4,• ,t ." -,.--- rt�i„3� 'y#"Y `:,$�F x�j�'y�� E "-s, ��"—`^„„.�,��.'*�-.�. �} Y •.�� sv_ � .� ..; � �9 jt h� �t . # .yyk���"�":. �� •_, ��" ���� z' ^�'� �r�,ra & .� '��i +' "" ' �"� �fi �^t�gax` ,�� r �����'�,r �`' ass� i T C k tj Ta f 1 ® 0 ° D i! water level m .rr Gutter Systems g • Gutter Dimensions BGS- 7 Since Bradford does all of the design and fabrication in house, we have the ability to custom-size virtually any of our gutter systems. The standard size is 12" from the waterline to the bottom of the gutter and 12" from the front face to the back of the gutter. Normally, Bradford gutters will be manufactured in 10'0" sections. BGS- 7 Shur-Grip Gutter System 8 e The Shur-Grip gutter with its exclusive beveled hand-hold is the flagshii_, of Bradford gutters and is held as our signature model. The unique design of the hand-hold not only provides an ergonomically correct BGS-2 grip, but it also gives your pool a full perimeter vanishing edge appearance. This gutter can be furnished with an internal supply tube, or as a simple trough where the filtered water is returned through a floor or wall manifold system. A slip resistant gutter grate is standard i and.an integral deck drain is easily added to this gutter. BGS-2 Swim-Out Gutter System Bradford's standard Swim-Out style gutter is a popular choice for designs that don't demand the high profile "mirror pool" look. For park departments, water level t r recreational facilities, and instructional use installations, the Swim-Out Gutter with it's unobstructed seating and ease of access is ideal for their BGS-3 needs. The easily removed non-slip grate makes routine inspections and • maintenance a breeze. This system is available with or without a supply tube. BGS-3 Semi-Recessed Gutter System The Semi-Recessed gutter has been the choice of multi-use pools - competition and recreation - for years. This gutter design combines the benefits of Swim-Out & Fully-Recessed gutters, giving the pool a large capacity trough and a back-splash that also helps the swimmer keep an eye on the wall. Recessed steps, integral deck drain, and a gutter wash system are options available for the Semi-Recessed gutter and most of Bradford's gutter systems. BGS-4 Fully-Recessed Gutter System BGS-4 Bradford's Fully-Recessed gutter system will allow the deck to terminate on the same plane as the pool wall. This clearly defined turning surface ,y is a design preference of many competition swimmers. The non-slip grate offers a "natural" step for swimmers when they choose to "go over the side" instead of using the ladder. All of Bradford's system options are available in the Fully-Recessed Gutter System. BGS-5 BGS-5 Open-Throat Gutter System The "Open-Throat" style gutter is designed for small to medium sized water level swimming pools that are not used for competition, i.e. hotels, country clubs, H.O.A. pools, etc. This low profile gutter is designed only for a supply tube return and is available with recessed steps. Because there is no gutter grate, Bradford offers an option of mosaic tile for a non-slip surface for the pool-side leading edge. ', '(T`S` Convertor Boxes BGS-3 Although a drop-out collector box is standard on all gutter systems, the convertor box for the supply tube is an option that is included in all systems that utilize this type of filtered water return. All convertor boxes will be constructed from 12 ga. Type 316L Stainless Steel. All connecting pipe, flanges or couplings will be Type 31 6L Stainless Steel. Dissimilar metals will not be allowed direct contact with the gutter system or convertor boxes, due to the adverse effects of galvanic reaction. The w number, size, and placement of the convertor boxes will be determined � by the pool's dynamics. converter box Recessed Steps When the situation requires a step in the gutter to promote safe egress Non-slip for deck mounted grab rails, Bradford offers a full size recessed step that recessed Steps has a machined non-slip surface, or an optional ceramic the clad tread area. Deck Drain Bradford's unique "bar-faced" integral deck drain offers one of the most " appealing deck drains on the market. The lateral bar design allows the VI deck water to be baffled in a line that is parallel to the pool wall, thus ga promoting a more complete capturing of the deck water. p Wiz. 16 - Trough Gutter 0 Many pool designers are utilizing the benefits of floor or low wall return deck drain & systems in order to provide their client with the healthiest body of water lateral bar possible. For these pool designs, Bradford offers the BGS-1 through BGS- 4 Series Gutters as a "trough only" option. The "trough only" option also =� -- 1 gives the gutter system a greater surge capacity. a .S a r Gutter Wash y 77 To insure that the gutter is wet at all times, some designers require the gutter to be equipped with a "wash" provision. Outlets are located in the supply tube to accomplish this goal. Ceramic Tile mud plate Using the proprietary method of cladding stainless steel with ceramic cutaway of PVC grate j the developed by Bradford Products for our stainless steel pools and spas, Bradford offers this option for the face or leading edges of the gutter systems. I Gutter Grate Molded slip-resistant PVC grating is the standard grating used on models BGS-1 through BGS-4 . FRP Stainless Steel, or Square Tube PVC grating are available as options. Main Drains Bradford Products manufactures a 12" x 14" stainless steel main drain sump fitted with a PVC grate that has an open area of 58.8 sq. in. (35%). Win drain sump Custom sizes are available upon request. Hydrostatic relief valves are location of suction hole to spec. available as the situation dictates. Bradford Gutter System - BGS Anatomy Anchoring The Bradford gutter systems are flat cut by numerically controlled The gutter system shall be anchored to the pool structure in its CNC punching&precision lasers, with exacting tolerances to entirety with 3/8"dia. plated steel drill-in stud anchors.The anchors within 0.015"for a precise fit in the field. In order to eliminate will be placed in pairs around the perimeter with a 4'0"on center hot-welds used in "fill"for field fittings, the corners are shop maximum setting. Each anchor will be set with two (2J nuts to fabricated. If the gutter system is a retrofit for an existing pool, secure the stainless steel angle support to within 1/8"level around Bradford can precisely fit"out-of-square"corners with the same the gutter perimeter. The continuous gutter will be welded to skill and craftsmanship in the shop that is utilized in new these angle supports to form the gutter system as shown on the construction.The precision fit of a BGS stainless steel gutter will approved plans. Before the gutter is grounded (by a licensed enhance the function, versatility, and appeal of any pool. electrician which is not part of the gutter contract) it will be General rechecked for level and adjusted as needed to maintain the A continuous-flow gutter system shall be installed around the allowed 1/8" perimeter tolerance. entire perimeter of the swimming pool. This gutter will be either Return Inlets a trough style or a combination style gutter. The style and profile If it is required that the gutter system have a pressure supply tube, of the gutter shall be decided by the Owner of the project or the tube will be pressure tested prior to relieving the tube for the his/her agent.Bradford Products,LLC will work in close coordination supply inlets.Any leaks that may have occurred during field with the project architect and/or engineer in detailing the fabrication will be corrected at this time. The return inlets will be appropriate gutter system. equally spaced around the perimeter, except in the areas of steps, Manufacture ladders, or between lane line anchors.The inlets shall be between The manufacturer of record shall be Bradford Products, LLC.There 3/16"and 3/8" in dia. and centered no further apart than 48" will not be any out-sourcing or'job"shopping allowed in the The inlets will be set in a 45 degree angle directed to the design or manufacturing of the gutter system.The gutter system pool bottom. on this project shall be a Bradford Products- Gutter Grating "BGS" Model In gutter systems requiring gutter grate,the gutter will be furnished Materials with a grate that allows for a maximum amount of water to pass The perimeter gutter system,any collector boxes,and all weldments into the gutter. Standard gutter grating will be light weight PVC will be fabricated from Type 316L Stainless Steel in a .105" ( 12 with a maximum open area of 35% held in place with tamper- ga. ) thickness with a#3 polished finish. Lesser grades of material resistant stainless steel fasteners. The fasteners will be easily •will not be accepted.A protective film coating will be in place removed by trained aquatic staff members for inspection an(: during all applicable manufacturing processes, cleaning of the gutter as needed. Continuous Perimeter Overflow Woter Grate Deck drain The gutter system shall be designed, manufactured, and installed level .:.-�,� to allow for a continuous and even overflow transmission of surface water into the gutter. 12" 72" Convertor Boxes Gutter dropout collector boxes and supply return boxes will be o w V Grout supplied by Bradford Products, LLC and manufactured alone/th, rube/y G ° same guidelines as the gutter system. The material shall be 1 ° ga.Type 316L Stainless Steel.The interconnection of the cc _Leveling boxes shall be as shown on the drawings. ` stiffener Anchor °' "� ° a ° o ` Installation ° The installation shall be done in accordance with the guidelines studs and standards as set forth byAWS for welding Type 316L Staii a7 j Av nv ` vQ �, C aG e ° DOC 0 Steel.The welding will be done by Bradford Products, LLC, a dul;' Pool °° , a` > ° ° oo Concrete authorized and accredited subcontractor, or by certified welders wall o ' ° e wall under the direct supervision of Bradford staff.The installation sn• 0 0 0 c v ° be done under the guidelines as set forth in the above specinc:+: " Bradford's signature BGS-1 gutter section and without exceptions. installation for concrete, shotecrete or gunite pools. Finish All exposed stainless steel surfaces will be cleaned and polished as needed after installation in order to present a substantial uniform Gutter Systems .finish.The welds will not be ground down.Any blending of 405 surfaces will be done by using"Scotch-Brite"pads or discs. There 6502 Windmill Way Wilmington NC 28 will be no contact with ferrous materials on the finished surface. The general contractor and/or pool contractor will be responsible 1 800 GET 1 NOV for the protection of the gutter system from damage and 7 , 800 438 7 66 0 contamination during subsequent construction. �±(n . www.bradf®rdproducts. r h u ' (Uo IS`'� ti C b R 3w v o l7 c > N • e a o a Key 10 lt$� 7 `G1 u Cvr. C _6ry • -• �� •` ry N o,n rn c Qcn m • e • • • o n t 0)0 • . • •� a.Q m .N > a ti > o ,fix _ a -71 O m ti C c E E m `o m ° v — � a�> Oj x N N v x cm nk — � a. t jr lift 3 `, � . ti ,ti rrz `�' o > v r � o o ti rn �� c �" • • �� 0 0 o w v dp, • . • •" ti v , N ,� UJ � N C U N N C 9� • • • .4 O N ` +' p •C yr aj C N ON m § sr D c, i • • N C � Q C � .v. - O n ° .° ° ° C u �' u v v v L7 Q y 7 V E N 0 yr cu `^ u 3 F- rR'/1 Ou l `� .F• ` r�_ # ;. { aj N N p U ° O z ° Qj vC $ ,�� a •. CL 'a _ ul si 'N ti Q Vr v - �� • • , • 3 ° ti C 7 m vaj .N r • O v C m o o v o 7 0 ° ° a j _ • • _ `u 3 v a! c N N v Q 3 1 - , • •: • rz m > > Y v L w 0 '0 v O ti REQUEST FOR PROPOSALS CITY OF DANIA BEACH, FLORIDA Notice is hereby given that the City Commission of the City of Dania Beach, Florida, is seeking Requests for Proposals (RFP) for: DESIGNIBUILD—FROST PARK IMPROVEMENTS AND PATRICK J. MELI PARK AQUATIC COMPLEX RFP specifications may be obtained from the Office of the City Clerk, 100 W. Dania Beach Boulevard, Dania Beach, Florida 33004, or by calling (954) 924-3624. For additional information, please contact Randy Wilkinson, Parks & Recreation Director, at (954) 924-3730. A mandatory Pre-Proposal Conference will be held Thursday, July 25, 2002, at 10:00 A.M. in the Conference Room at City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida. The purpose of the Pre-Proposal Conference is to discuss the contents of this Request for Proposals and Offerors' inquiries. RFP packages must consist of seven (7) copies submitted to the City of Dania Beach, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, to the attention of the City Clerk's Office. The Phase 1 submission, due by no later than 3:15 p.m. on Friday, August 9, 2002 shall be submitted in a sealed envelope and shall contain the Proposer's qualifications, reference, and technical proposal. The Phase 2 submission will be required of the shortlisted firms only and is due by no later than 3:15 p.m. on Thursday, September 12, 2002. The Phase 2 submission shall be submitted in a sealed envelope and shall contain the Proposer's, prices for their proposed design and construction services. All proposals to be delivered either by mail or hand delivered to the Office of the City Clerk, City Hall, 100 W. Dania Beach Blvd., Dania Beach, Florida 33004. The RFP's will be publicly opened on Friday, August 9, 2002 at 3:30 P.M. in the City's Conference Room. RFP Envelopes must be sealed and plainly marked: "RFP-" DESIGN/BUILD—FROST PARK IMPROVEMENTS AND PATRICK J. MELI PARK AQUATIC COMPLEX The City of Dania Beach reserves the right to reject any and all RFPs, to waive any and all informalities or irregularities, and or reject all or any part of any RFPs 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, CMC City Clerk Sun Sentinel publication: Run July 8 and July Z, 2002. DATE: MAY 2002 RFP NO. REC-01-02-R REQUEST FOR PROPOSALS ALL INTERESTED PARTIES: The City of Dania Beach, Florida, hereinafter referred to as CITY, will receive sealed Proposals at the office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, for furnishing the services described below in accordance with the Consultants Competitive Negotiation Act (CCNA): DESIGN/BUILD FROST PARK IMPROVEMENTS and PATRICK J. MELI AQUATIC COMPLEX This is a two Phase proposal,the first phase, Phase 1, includes the technical proposal only and the second phase, Phase 2 includes the price proposal only. Phase 1 must be received by the City Clerk, either by mail or hand delivery, no later than 3:15 p.m. local time on Friday, August 9, 2002. A public opening will take place in the City Commission Chambers located at City Hall shortly thereafter on the same date. Any Proposals received after 3:15 p.m. local time on said date will not be accepted under any circumstances. Subsequent to the Phase 1 submission, there will be a shortlist of firms who will be requested to make a presentation to the members of the shortlist committee. The Phase 2 will be requested from only those shortlisted firms and must be received by the City clerk, either by mail or hand delivery, no later than 3:15 p.m. local time on Thursday, September 12, 2002. Any uncertainty regarding the time a Proposal is received will be resolved against the Offeror. Proposals are subject to the attached Standard Terms and Conditions contained in the Instructions to Offerors. CITY reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received,to re-advertise for Proposals or take any other such actions that may be deemed to be in the best interests of the CITY. I. PRE-PROPOSAL CONFERENCE A mandatory Pre-Proposal Conference will be held on Thursday, July 25, 2002 at 10:00 a.m. in the Conference Room at City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004. The purpose of the Pre-Proposal Conference is to discuss the contents of this Request for Proposals and Offerors' inquiries. II. STATEMENT OF THE WORK A. Objective: The City's objective is to hire a qualified and competent independent design-build contractor to provide all necessary professional design services and all labor, materials and equipment necessary to construct/renovate various components/improvements in Frost Park and the Patrick J. Meli Park Aquatic Complex Frost Park improvements must be completed within ninety (90) days of the execution of this contract. The main usage of the facilities will be for recreational use fifty-two (52)weeks per year. Patrick J. Meli Aquatic Complex to be a swimming pool , 25 yards x 25 meters with classic overflow gutter, as described in Attachment"A". The main usage of the pool will be for public recreational use- fifty-two (52)weeks per year. Components for Frost Park renovationfimprovements and Aquatic Complex are detailed in Attachment"A"of this Request for Proposals. III. SCOPE OF SERVICES See Attachment"A", Design criteria package for Frost Park improvements and Patrick J. Meli Aquatic Complex. IV. PROPOSAL REQUIREMENTS 1. Technical Proposal Clearly describe all aspects of the project proposed. Include details of your approach and work plans. A brief statement must be included which explains why your approach and plan would be the most effective and beneficial to the City of Dania Beach. Offerors shall submit as part of their proposals, complete descriptions.and layouts of the proposed renovations including, but not limited to the structure, lighting, landscaping, watering system, walkways, drainage and electrical distribution. Offerors must also submit a statement listing those agencies which the Offeror has contacted concerning the proposal. The proposal must address a commitment to and time table for the completion of the project required within the indicated contract period. 2. Aesthetics An evaluation will be made regarding the aesthetic quality of the design and the ability of the facility to meet standards of appearance established within the City. i 3. Firm Qualifications & References The Proposal must give a description of the firm including the size, range of activities, abilities and experience of the firms' professional personnel, capabilities of the firm to meet the time and budget requirements of the City, past performance of the firm on similar projects, recent, current and projected workload of the firm, ability to meet the City's bonding and insurance requirements, financial strength and stability of the firm, availability and access to the firms' top level management personnel. Particular emphasis should be given as to how the firm-wide experience and'expertise in the area of design/build capabilities for similar facilities will be brought to bear on the proposed work. Provision of Federal Government Forms #254 and #255 must accompany proposal. A listing should be provided of all sub-contractors, and additional qualification information should be provided as to the experience of the firm that will construct the Frost Park Improvements and Patrick J. Meli Aquatic Complex. Identify the contact person and supervisory personnel who will work on the project. Resumes of each person should be provided with emphasis on their experience with similar work. If resumes are not available at the time the proposal is submitted, provide a listing of the qualifications including education, experience, etc., that will be required. Offerors must also submit copies of Contractors License, Architects' or Engineer's Registration and Certificate of Incorporation and or Corporate Registration in Florida Provide a list and description of similar projects satisfactorily performed within the past two (2) years. For each project listed, include the name and telephone number of a representative for whom the project was undertaken who can verify satisfactory performance. 4. Price Proposal Submit your signed, firm, fixed fee performance-based price proposal for providing all professional design services, labor, materials, equipment and other services and sup- plies necessary and incidental to construction with your design/build proposal in a separate, sealed envelope. The City's budget for Frost Park is $300,000.00; Aquatic Complex is $1,172,080.00 5. Proposal Submission Seven (7) copies of each submission shall be submitted to the City of Dania Beach, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, to the attention of City Clerk's Office. The Phase 1 submission, due by no later than 3:15 p.m. on Friday, August 9, 2002 shall be submitted in a sealed envelope and shall contain the Proposers qualifications, reference, and technical proposal. The Phase 2 submission will be required of the shortlisted firms only and is due by no later than 3:15 p.m. on Thursday, September 12, 2002. The Phase 2 submission shall be submitted in a sealed envelope and shall.contain the Proposers prices for their proposed design and construction services. W. • NOTE: OFFERORS MAY ADD ITEMS OR FURTHER DELINEATE COST BREAK- OUTS PROVIDED THAT MINIMUM REQUIREMENTS AS SET OUT BELOW ARE INCLUDED. 6. Offeror will complete the work for the following prices: DESCRIPTION FROST PARK IMPROVEMENTS Resurface and install new lighting on 3 tennis courts, I basketball court and 1 paddleball court. Roofs for 2 dugouts Resurface grass area of multi-use athletic field. Construct two(2) 12' x 12' and one(1)36'Hexagon shade shelters Walking/jogging trail—increase width to five feet with suface material in . compliance with ADA,install 7 to 9 exercise stations. Add/install lighting on Roller Hockey Rink(minimum 40ft.candle power maintained) PA TRICK J.MELI AQUATIC COMPLEX One(1)25 yd x 25 meter,eight(8)lane stainless steel swimming pool with a PVC liner, service building and general amenities. GENERAL CONDITIONS Professional Design Services Permit Drawings and Fees Insurance and Bonds (100%Performance and Payment Bonds) Clean Up Protection&Temporary Services and Controls Profit and Overhead Insurance TOTAL COST FOR PROJECT$ ** **The City,may at it's option,request a separate breakdown of the total cost separating Frost Park Improvements and Patrick J.Meli Aquatic Complex • after selection. EVALUATION of PROPOSALS Selection Process: A. In accordance with CCNA guidelines, the Selection/Negotiating Committee will first evaluate all Offeror qualifications, references, and technical submittal as contained in the Phase 1 submission. The Committee will then select and shortlist qualified design/build firms. B. The Phase 2 submission containing the price proposals of the shortlisted firms will be opened only after completion of the shortlisting process set forth in paragraph A above. C. The Committee's evaluation process will include presentations by the shortlisted firms and consideration of price proposals. The Committee will then schedule interviews with the shortlisted firms to further evaluate the proposals. D. The Committee will negotiate a final agreement with the best-evaluated Offeror. E. Upon completion of successful negotiations a recommendation of award will be submitted to the City Commission of the City Dania Beach. • 2. EVALUATION CRITERIA: Proposals will be evaluated in accordance with weighted criteria listed below: POINT RANGE Technical Proposal 0 - 30 Aesthetics 0 - 10 Firm Qualifications and References 0 - 30 Project Cost 0 -30 The contract shall be awarded to the responsible Offeror whose Proposal is determined to be the most advantageous to City, taking into consideration the aforesaid criteria. As the best interest of the City may require, the right is reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Offerors are cautioned to make no assumptions unless their proposal has been evaluated as being responsive. l CLARIFICATION The City reserves the right to ask questions of clarification of any or all Offerors as part of its evaluation. As part of this process, the Offeror shall have officials of the appropriate management level present and representing the firm. The project manager should be available.The Offeror shall be prepared to present an overall briefing regarding the manner in which the contractual obligations will be accomplished. SCHEDULE OF EVENTS The Schedule of events, relative to the procurement shall be as follows: Event Date (on or by) 1. Issuance of Request for Proposals First ad on July 8, 2002 Second ad on July 2002 2. Pre-Proposal Conference July 25, 2002 3. Opening of Proposals Phase 1 August 9, 2002 4. Proposal Evaluations August 23, 2002 5. Opening Proposals Phase 2 September 12, 2002 6.. Presentations September 13, 2002 7. Award of Contract September 24, 2002 8. A. Frost Park Construction To be completed 90 after execution of the contract B. Patrick J. Meli Aquatic Complex To be completed 365 days after execution of contract CITY reserves the right to revise scheduled dates. PROPOSAL FORM FOR DESIGNBUILD FROST PARK IMPROVEMENTS And PATRICK J. MELI AQUATIC COMPLEX Request for Proposal NO. REC-01-02-R SUBMITTED TO: City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach,17133004 1 . The undersigned Offeror proposes and agrees, if this Proposal is accepted,to enter into an Agreement with CITY to perform and furnish all work as specified or indicated in the Proposal and Contract Documents for the Contract price and within the Contract time indicated in the Proposal and in accordance with the other terms and conditions of the Proposal and Contract Documents. • 2. Offeror accepts and hereby incorporates by reference in this Proposal Form all of the terms and conditions of the Request for Proposals, Instructions to Offerors and Special Conditions, including withoi limitation those pertaining to the disposition of Proposal Security. 3. The Offeror has examined the site of the project and has become fully informed concerning the local conditions,-and nature and extent of work, and has examined all Contract Documents and bond and insurance requirements. 4. Offeror has given the Purchasing Agent written notice of all conflicts, errors or discrepancies that it has discovered in the Contract and/or Proposal documents and the written resolution thereof by the Purchasing Agent is acceptable to Offeror. 5. Offeror proposes to famish all labor,professional design services, materials, equipment, machinery, tools, transportation, supplies, services, and supervision for the design and construction of the work described as follows: FROST PARK IMPROVEMENT'S—300 N.E. 2"d Street And PATRICK J.MELI AQUATIC COMPLEX—2901 S.W. 52"d Street f 7. Acknowledgement is hereby made of the following Addenda (identified by number) received since issuance of the Request for Proposals: AddendumNo. Date AddendumNo. Date Addendum No. Date 8. Offeror accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 9. The following documents are attached to and made as a condition to this Proposal: (a)Proposal and Offeror's Certification (b)Non-Collusive Affidavit (c)Public Entity Crimes Form (d) Certified Resolution or other document evidencing authority to sign the Proposal;-Contract and other documents which bind the Offeror --- (e) Qualifications Statement, if required by the Special Conditions to the Instructions to Offerors (f) Proposal security (g) Offeroes Corporate Statement (h) Certificate of Insurance 10. PLEASE HAVE FOUR INSURANCE REPRESENTATIVE CAREFULLY REVIEW ANY INSURANCE COVERAGES AND CONDITIONS PRIOR TO SUBMITTING YOU--.- PROPOSAL TO ENSURE COMPLIANCE WITH THE INSURANCE REQUIREMENT OF THE INSTRUCTIONS TO OFFERORS. 11. The correct legal name of Offeror is: City/State/Zip: Telephone No.: Social Security No. or Federal I.D.No.: 12. Communications concerning this Proposal shall be addressed to at the following address: Submitted on , 20 OFFEROR'S CERTIFICATION WHEN-OFFEROR IS AN INDIVIDUAL IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of 320 Printed Name of Firm By: Signature of Owner Witness Printed Name of Individual Witness Business Address City/State/Zip • Business Phone Number State of Florida County of On this the day of , 20� before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s)who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and helshe/they acknowledge that he/she/th( executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) • Personally known to me, or • Produced identification: (Type of Identification Produced ® DID take an oath, or DID NOT take an o OFFEROR'S CERTIFICATION WHEN OFFEROR IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A FICTITIOUS OR TRADE NAME IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of 20 Printed Name of Firm By: Signature of Owner Witness Printed Name of Individual Witness BusinesF Address City/State/Zip Business one Number State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s)of individual(s)who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they..- executed it. WITNESS my hand and official seal. - NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) • Personally known to me, or 40 Produced identification: (Type of Identification Produced 0 DID take an oath, or DID NOT take an oat] OFFEROR'S CERTIFICATION WHEN OFFEROR IS A PARTNERSHIP IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of 120 Printed Name of Partnership BY:, Signature of General or Managing Partner Witness Printed Name of partner Witness Business Address City/State/Zip Business Phone Number State of Florida State of Registration County of On this the day of ,20_, before me, the undersigned Notary Public of The State of Florida, personally appeared and (Name(s) of individuals)=who appeared before notary) whose name(s) is/are Subscribed to the within instrument,and helshe/they acknowledge that he/shelthey executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) • Personally known to me, or • Produced identification: • (Type of Identification Produced • DID take an oath, or DID NOT take an oath OFFEROR'S CERTIFICATION WHEN OFFEROR IS A CORPORATION IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of , 20 Printed Name of Corporation (CORPORATE SEAL) Printed State of Incorporation By: Signature of President or other authorized officer ATTEST: Printed Name of President or Other authorized officer By Secretary Address of Corporation City/State/Zip Business Phone Number On this the day 20 , before me, the undersigned Notary Public of the State of , the forgoing instrument was acknowledged by [Name of corporate officer(s) and his/her/their corporate title(s)] of ,on(Name of corporation and state or place of incorporation) behalf of the corporation. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC - SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) Personally known to me, or Produced identification: (Type of Identification Produced DID take an oath, or DID NOT take an oath. i . OFFEROR'S CERTIFICATION WHEN OFFEROR IS A JOINT VENTURE IN WITNESS WHEREOF, the Offeror hereto has executed this Proposal Form this day of 20 Printed Name of Joint Venture By: Signature of member of Joint Venture Business Address City/State/Zip State of Florida County of Business Phone Number On this the day 20 , before me, the undersigned Notary Public of the State of Florida , personally appeared and [Name(s)of individual(s)who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: (Name of Notary Public: Print, Stamp, or Type as Commissioned.) Personally known to me, or Produced identification: • (Type of Identification Produced DID take an oath, or DID NOT take an oath. INSTRUCTIONS TO OFFERORS STANDARD TERMS AND CONDITIONS RFP NO. REC-01-02-R 1 DEFINED TERMS 1.1 Terms used in these Instructions to Offerors are defined and have the meaning assigned to them. The term"Offerors"means one who submits a Proposal directly to CITY as distinct from a Sub- Offeror,who submits a Proposal to the Offeror. The term"Successful Offerors" means the qualified, responsible and responsive Offeror to whom CITY(on the basis of CITY'S evaluation as hereinafter provided)makes an award.The term"CITY' refers to the City of Dania Beach, a municipal corporation c the State of Florida. The term"Proposal Documents" includes the Request for Proposals,Instructions to Offerors,Proposal,Qualifications Statement,Non-Collusive Affidavit and Public Entity Crime Statemen Corporate Resolution or Letter of Transmittal,Proposal Security and Specifications, if any, and the proposed Contract Documents,if any, (including all Addenda issued prior to receipt of Proposais).,The, term"CONTRACTOR" shall mean the individual or firm to whom the award is made and who executes the Contract Documents. 2. SPECIAL CONDITIONS 2.1 Any and all Special Conditions that may vary from the General Conditions shall have precedence. 3• EXAMINATION OF CONTRACT DOCUMENTS AND SITE 3.1 Before submitting,a Proposal, each Offeror must(a) visit the site to familiarize themselves with the site conditions and facilities that may in any manner affect cost, or perfor- mance of the work; (b) consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, or performance of the work,(c) study-and°carefully correlate' the.Offeror's observations with the Proposal Documents; and(d)notify the Purchasing Administrator of all conflicts, errors and discrepancies, if any, in the Proposal Documents. 3.2 The Offeror,by and through the submission of a Proposal, agrees that Offeror shal be held responsible for having examined the site and facilities; familiarized themselves with th(._ I nature and extent of the work and any local conditions that may affect the work to be done and the design services,equipment,materials, parts and labor required. 4. INTERPRETATIONS AND ADDENDA 4.1 If the Offeror is in doubt as to the meaning of any of the Proposal Documen is the opinion that the Conditions and Specifications contain errors or contradictions or re* omissions, or has any question concerning the conditions and specifications, the Offeror shall submit a written request directed to the Purchasing Administrator for interpretation or clarific tion. Such request must reference the date of Proposal opening and Proposal number and should be received by the Purchasing Administrator at least ten (10) calendar days before the date of the formal opening of the Proposals. Questions received less than ten (10) calendar days prior to the Proposal opening shall not be answered. Interpretations or clarifications in response to such questions will be issued in the form of written addenda by certified mail, return receipt requested, mailed to all parties recorded by CITY'S Purchasing Administrator as having received the Proposal Documents. The issuance of a written addendum shall be the only official method whereby such an interpretation or clarification will be made. 5. PRICES PROPOSED 5.1 Prices shall be shown in both unit amounts and extensions whenever applicable. In the event of discrepancies existing between unit amounts and extensions or totals, unit amounts shall govern. 5.2 All prices shall remain firm and fixed for acceptance for nine 90 calendar days after the day of the Proposal opening. 5.3 The Proposal Price shall include all professional design fees, permit fees, royalties, license fees and other costs arising from the use of the design, equipment and/or materials in any way involved in the work as well as all costs of packaging, transporting and delivery of any . materials and equipment to the designated location within the City of Lauderhill. 6. NON-COLLUSIVE AFFIDAVIT AND PUBLIC ENTITY CRIME FORMS 6.1 Each Offeror shall complete the Non-Collusive Affidavit, and the Public Entity Crimes Form and shall submit the forms with the Proposal. CITY considers the failure of the Offeror to submit these documents to be a major irregularity and may be cause for rejection of the Proposal. 7. CONFLICT OF INTEREST 7.1 The award of any contract hereunder is subject to the provisions of Chapter 112, Florida Statutes. Offerors must disclose with their Proposal the name of any officer, director, partner,proprietor, associate or agent who is also an officer or employee of CITY or any of its agencies. Further, all Offerors must disclose the name of any officer or employee of CITY who owns, directly or indirectly, an interest of five percent(5%) or more in the Offerors firm or any , its branches or affiliate companies. g PROPOSAL SECURITY PAYMENT AND PERFORMANCE BONDS INSURANCE 8.1 Proposal security and proof of insurance, when required by the Special Conditions. shall be submitted with the proposal as specified in the Special Conditions. After acceptance of • the proposal, the Successful Offeror, when required by the Special Conditions, shall submit payment and/or performance bonds, certificates and/or policies of insurance in the manner, form and amount(s) specified in the Special Conditions. 9. SUMMARY OF DOCUMENTS TO BE SUBMITTED WITH PROPOSALS 9.1 The following is a summary of documents, which are to be submitted by the Offerors: (a) Proposal and Offeror's Certification (b) Non-Collusive Affidavit © Public Entity Crimes Form (d) Certified Resolution or other document evidencing authority to sign the Proposal, Contract and other documents which bind the Offeror: (e) Qualifications Statement, if required by the Special Conditions to the Instruction to Offerors (f) Proposal security in the amount of 5% of bid price (g) Offerors Corporate Statement (h) Certificates of Insurance (i) Proposal Form (j) Offerer's Certification (k) Bid Bond 10. SUBMISSION OF PROPOSALS 10.1 Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections to prices made by the Offeror must be initialed 10.2 Proposals must contain a manual signature of the authorized representative of the Offeror. Proposals shall contain an acknowledgment of receipt of all Addenda. The ad- dress and telephone number for communications regarding the Proposal must be shown. 10.3 Proposals by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign.The corporate address and state of incorporation must be shown below the signature. .. 10.4 Proposals by partnerships must be executed in the partnership name and signed by a partner,whose title must appear under the signature and the official address of the partnership must be shown below the signature 10.5 Proposals shall be submitted at or before the time and at the place indicated in the Request for Proposals and shall be submitted in a seated envelope. The envelopes shall be dearly marked on the exterior"RFP FOR DESIGN/BUILD—FROST PARK IMPROVEMENTS and PATRICKJ. MELT PARK AQUATIC COMPLEX FOR THE CITY OF DANIA BEACH, FLORIDA, Phase 1 OPEN .August 9,2002; and RFP FOR DESIGN/BUILD—FROST PARK IMPROVEMENTS and PATRICK J. MELI PARK AQUATIC COMPLEX FOR THE CITY OF DANIA BEACH, FLORIDA, Phase 2 OPEN , September 12,2002;'and shall state the name and address of the Offeror and shall be accompanied by any other required documents. No responsibility will attach to the Purchasing Office for the premature opening of a Proposal not properly addressed and identified. 10.6 In accordance with Chapter119 of the Florida Statutes (Public Records Law), and except as may be provided by other applicable state and federal law, the Request for Proposal and the responses thereto are in the public domain. However, the (Offerors are M requested to identify specifically any information contained in their Proposals which they consider confidential and/or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. 10.7 All Proposals received from Offerors in response to the Request for Proposal will become property of CITY and will not be returned to the Offerors, except as described in Section 1, Evaluation Proposals, RFP. In the event of Contract award, all documentation produced as part of the Contract shz become the exclusive property of CITY. 11. MODIFICATION AND WITHDRAWAL OF PROPOSALS 11.1 Proposals may be modified or withdrawn by an appropriate document duly executed(in t manner that a Proposal must be executed) and delivered to the place where Proposals are to be submitt, at any time prior to the deadline for submitting Proposals. A request for withdrawal or a modification must be in writing and signed by a person duly authorized to do so. Evidence of such authority must accompany the request fo-withdrawal or modification_ Withdrawal of a Proposal wi l not prejudice the rights of an Offeror to submit a new Proposal prior to the Proposal opening date and time. After expiration of the period for receiving Proposals, no Proposal may be withdrawn or modified. 11.2 If, within twenty-four(24)hours after Proposals are opened, any Offeror files a duly sign( written notice with CITY and within five(5) calendar days thereafter demonstrates to the reasonable satisfaction of CITY by clear and convincing evidence there was a material and substantial mistake in preparation of its Proposal,or that the mistake is clearly evident on the face of the Proposal but the intended correct Proposal is not similarly evident, then Offeror may withdraw its Proposal and the Big Security will be returned.Thereafter,the Offeror will be disqualified from further bidding on the subj Contract. 12. REJECTION OF PROPOSALS 12.1 To the extent permitted by applicable state and federal laws and regulations, CIT' reserves the right to reject any and all Proposals, to waive any and all informalities not invoh, price, time or changes in the work with the Successful Offeror, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional.Proposals..Proposal will be considered irregular and may be rejected, if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 12.2 CITY reserves the right to reject the Proposal of any Offeror if CITY believes that it w< not be in the best interest of the CITY to make an award to that Offeror, whether because the Propo. not responsive or the Offeror is unqualified or of doubtful financial ability or fails to meet any othef pertinent standard or criteria established by CITY. 13. AWARD OF CONTRACT 13.1 The Contract shall be awarded by CITY s Commission to the responsible Offeror whose Proposal is determined in writing, to be the most advantageous to CITY, taking into consideration the evaluation factors and criteria set forth in the Instructions to Offerors. 13.2 The Offeror to whom award is made shall execute a written contract within Ten (10) calendar days after the notification by the Purchasing Administrator of intent to recommend the award of contract to the City Commission. If the Offeror to whom the first award is made fails to enter into a " contract as herein provided, the award may be annulled and the contract left to another Offeror who is responsible and responsive in the opinion of CITY. Such Offeror shall fulfill every stipulation=embraced" herein as if he were the original party to whom the award was made. 14. QUALIFICATIONS OF OFFERORS 14.1 Each Offeror shall complete the Qualifications Statement and submit the same with..the Proposal. Failure to submit the Qualifications Statement and the documents required there. .. , under with the Proposal shall constitute grounds for rejection of the Proposal. 14.2 No proposal shall be accepted from, nor will an contract be awarded to an y � Yp1lon who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or othetwis upon any obligation to CITY, or who is deemed irresponsible or unreliable by CITY. 15. ENVIRONMENTAL REGULATIONS 15.1 CITY reserves the right to consider offerors history of citations and/or violations c environmental regulations in determining an Offerors responsibility, and further reserves the rig to declare an Offeror not responsible if the history of violations warrant such-determination. : Offeror shall submit with the Proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be de= to be an affirmation by the Offeror that there are no citations or violations. Offeror shall notify CITY immediately of notice of any citation or violation which Offeror may receive after the Proposal opening date and during the time of performance of any contract awarded to Offerors. 16. PROPOSAL SECURITY 16.1 Each Proposal must be accompanied by a certified or cashiers check or by a Bond made payable to the City of Dania Beach on an approved form, duly executed by the OffeOp principal and having as surety thereon a surety company acceptable to CITY and authorized-to write such Bond under the laws of the State of Florida, in an amount not less than five percent (5%) of the amount of the Proposal price. 16.2 The Proposal Security of the Successful Offeror will be retained until such Offeror 1 executed the Contract and furnished the required insurance, payment and performance bonds, whereupon the Proposal Security will be returned. If the Successful Offeror fails to execute and deliver the Contract and furnish the required insurance and bonds within fifteen (15) calendar d; of the Notice of Award, CITY may annul the Notice of Award and the entire sum of the Propos: Security shall be forfeited. The Proposal Security of the three (3) lowest Offerors will be return( within seven (7) calendar days after CITY and the Successful Offeror have executed the written Contract or if no such written Contract is-executed within ninety (90) calendar days after the da- of the Proposal opening, upon the demand of any Offeror at anytime thereafter, provided that he has not been notified of the acceptance of his Proposal. Proposal Security of all other Offerors be returned within seven (7) calendar days after the proposal opening. The agent or attorney in fact or other officer who signs a Bid Bond for a surety company must file with such bond a certified copy of his power of attorney authorizing him to do so. IT LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT 17.1 The Proposal Security filed with and as a part of the Proposal shall be forfeited in its entirety to CITY as liquidated damages if the Offeror to whom the Contract is awarded fa to execute the Contract Documents within ten (10) calendar days following the notification by i Purchasing Administrator of intent to recommend the contract award to the City Commission, 18. PAYMENT AND PERFORMANCE BONDS 18.1 Within fifteen(15)calendar days after Notice of Award and in any event prior to commencing work, the Contractor shall execute and furnish to City a performance bond and a payment bond, each written by a corporate surety, having a resident agent in the State of Florio and having been.in..business with a record of successful continuous operation for at least five (: years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protect by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, nevi: September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company sh, provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The surety company shall have at least the following minimum qualificati4 in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: B+ to A+ 18.2 Two (2) separate bonds are required and both must be approved by the City. The penal sum stated in each bond shall be the amount equal to the total amount payable un7W t' terms of the contract. The performance bond shall be conditioned that the Contractor perform th( contract in the time and manner prescribed in the contract. The payment bond shall be condition, that the Contractor promptly make payments to all persons who supply the Contractor with labor materials and supplies used directly or indirectly by the Contractor in the prosecution of the wor provided for in the Contract and shall provide that the surety shall pay the same in the amount m exceeding the sum provided in such bonds, together with interest at the maximum rate allowed t law; and that they shall indemnify and save harmless the City to the extent of any and"all payme in connection with the carrying out of said Contract which the City may be required-io make unc '. the law. 18.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes�'it shall be the duty of the Contractor to record the aforesaid payment and performance bonds in the:°public records of Broward County,with the Contractor to pay all recording costs. 19. INSURANCE 19.1 UPON EXECUTION OF THIS CONTRACT, CONTRACTOR 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 REQWW COVERAGES AND THE OPERATIONS OF CONTRACTOR UNDER THE CONTRAC The certificates of insurance shall not only name the types of policies provided,but shall also specifically refer to this Agreement and shall state that such insurance is as required by Paragrai 19 and its subparts of this Agreement. Contractor shall not commence work under the Contract .... until after it has obtained all of the minimum insurance herein described and the policies of sucl.. insurance detailing the provisions of coverage have been received and approved by City. Contractor shall not permit any Subcontractor to begin work until after similar minimum insurance to cover the Subcontractor has been obtained and approved. In the:event the insuranc;: certificate provided indicates that the insurance shall terminate and lapse during the period of tl. agreement, then in that event, Contractor shall furnish, at least thirty (30) calendar days prior to . expiration of the date-of such insurance, a renewed certificate of insurance as proof that equal a like coverage for the balance of that period of the contract and extension there under is in effec Contractor shall not continue to perform the services required by this agreement unless all re- quired insurance remains in full force and effect. 19.2 Insurance companies selected must be acceptable to City. All of the policies of insurance 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)calendai days written notice has been given to City by certified mail. 19.3 Contractor shall procure and maintain at its own expense and keep in SectP P P during the full term of the contract a policy or policies of insurance which must include the following coverages and minimum limits of liability: M .(a) Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws. Employers Liability Insurance shall be provided with a minimum of one million and xx/100 dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees a] for any injury sustained by such employees in the course of their employment. (b) Professional Liability (Errors and Omissions) Insurance for architectural engineering services and the services of any other professional used in the performance of the v of this Agreement in the amount of S 1,000,000.00 with a deductible (if applicable) not to excec $2,500.00 per claim. The certificate of insurance for professional liability shall reference any applicable deductible and the work of this agreement. (e) Commercial Automobile Liability Insurance for all owned, non-ownec and hired automobiles:and.other vehicles used by Contractor in the_performance of the worl with the following minimum limits of liability: $ 500,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability per occurrence (d) Comprehensive General Liability Insurance (occurrence form) with the following minimum limits of liability: $ 1,000,000.00 Combined Single Limit, Bodily Injury and Property tY Damage Liability per occurrence Coverage must be offered in a form no more restrictive than the latest edi of the Comprehensive General Liability Policy without restrictive endorsements, as filed by the Insurance Services Office and shall specifi- cally include.the following with minimum limits not less than those re- quired.for.Bodily Injury Liability and Property Damage Liability: (1) Premises and Operations; (2) Independent Contractors; (3) Products and Completed Operations; (4) Special Form Property Damage; (5) Special Form Contractual Coverage applicable to the Contract and specifically confirming the indemnification and hold harmless agreement in the Contract; (6) Personal Injury Coverage with employment and contractual exclu- sions removed and deleted; and (7) Explosion, collapse, underground coverage (X-C-IJ) (e) Builder's Risk Insurance in an amount not less than THE REPLACEMET COST for the construction of the work. Coverage shall be "All Risk" coverage for one hundi percent (100%) of the completed value with a deductible of not more than five thousand and xx/100 dollars ($5,000.00) per claim. 19.4 Contractor shall maintain the Products/Completed Operations Liability Insura 1 a period of at least two (2) years after final payment for the Work and furnish City with evic of continuation of such insurance at final payment and one (1) year thereafter. 19.5 The required insurance coverage shall be issued by an insurance company duly authorizec and licensed to do business in the State of Florida with the following minimum rating in accordance wi! the latest edition of A.M. Best's Insurance Guide: B+ to A+ 19.6 Contractor shall require each of its Subcontractors of any tier to maintain the insurance required herein for each category, and Contractor shall provide verification thereofto City,upon request,.. of City. 19.7 All required insurance policies shall preclude any underwriter's rights of recovery c. subrogation against CITY with the express intention of the parties being that the required insurance coverages protect both parties as the primary coverages for any and all losses covered the above described insurance. 19.8 Contractor shall ensure that any company issuing insurance to cover the requ ments contained in this Contract agrees that they shall have no recourse against CITY for On or assessments in any form on any policy of insurance. 19.9 The clauses 'Other Insurance Provisions' and'Insured Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is named as additional named insured shall not apply to CITY. CITY shall provide written notice of occurrence within fifteen(15) working days of CITY'S actual notice of such an event. 19.10 Violation of the terms of this Paragraph and its subparts shall constitute a breach o the contract and City at its sole discretion, may cancel the Contract and all rights, title and inter, of Contractor shall thereupon cease and terminate. 20• INDEMNIFICATION a 20.1 GENERAL INDEMNIFICATION The parties agree that one percent (1%) of ti. total compensation paid to Contractor for the work of the contract shall constitute specifi consideration to Contractor for the indemnification to be provided under the contract. To the fullest extent permitted by laws and regulations, Contractor shall indemnify, defend, sa and hold harmless the CITY,its officers, agents and employees, harmless from any and all clai damages, losses, liabilities and expenses, direct, indirect or consequential including but not lirr. to fees and charges of engineers, architects, attorneys, consultants and other professional court and arbitrations costs arising out of or alleged to have arisen out of or in consequencZ'of performance of the work of this agreement. Such indemnification shall specifically include bu,, be limited to claims, damages, losses, liabilities and expenses arising our of or from (a) the negligent or defective desig n of the project and work of this agreement; (b) any act, omission or default of the City and/or Contractor and/ or his Subcontractors, agents, servants, or employees; (c) and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible property, including the loss of use resulting there from; (e) other such damages, liabilities or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this project including the warranty period; (f) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the work in,the.time:specified=in this agreement;"(i) the violations of any federal,.state,,county or city laws,;by-laws, ordinances, or regulations by Contractor, his subcontractors, agents, servants, independent contractors or employees; 0) the breach or alleged breach by Contractor of any term of the contract including the.breach or alleged breach of any warranty or guarantee. 20.2 PATENT AND COPYRIGHT INDEMNIFICATION Contractor agrees to indemnify, defend, save and hold harmless the CITY, its officers, yr„ agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 20.3 Contractor shall pay all claims, losses, liens, settlements or judgments-of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorneys fees (including appellate attomey's fees) and costs 20.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith including any costs of fees of an appeal shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party described in this Paragraph and its subparts. 21. CONTRACT TIME 21.1 The work to be performed under the Contract shall be commenced on ,2002 21.2.1 The date by which the work-is to be completed on Frost Park ninety (90) days after the execution of the contract. The Patrick J. Meli Aquatic Complex 365 days after execution of the contract. 21.3 By virtue of the submission of his Proposal, Offeror agrees and fully understands that the completion time of the work of the Contract is an essential and material condition ofthe Contract and that time is of the essence. The Successful Offeror agrees that all v; work shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. Failure to complete the work within the time period specified shall be considered a default. 22. LIQUIDATED DAMAGES FOR BREACH OF CONTRACT 22.1 The Successful Offeror agrees that, if the work, or an art thereof, is not YP , completed within the time specified or any extension thereof, the Successful Offeror shall be liable to the CITY in the amount of Five hundred ($500,00) dollars per day per project for each and every calendar day the completion of the work is delayed beyond the time provided in the contract, as fixed and agreed upon liquidated damages and not as a penalty. CITY shall have the right to deduct from and retain out of moneys that may be then due or which may become due and payable to the Successful Offeror, the amount as such liquidated damages 23. NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT 23.1 During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action must include, but not be limited to,the following: employment, upgrading; demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 23.2 Contractor shall comply with Executive Order 11246 of September 24, 1965 entitled "Equal -Employment Opportunity' as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor Regulations (41 CFR Part 60). 23.3 Contractor shall comply with the Copeland Anti-Kickback Act (18USC874) as supple- mented in Department of Labor Regulations (29 CFR Part 3). 23.4 Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 US 327-330) as supplemented by Department of Labor Regulations (29 CFR Part 5). 23.5 Contractor shall comply with the minority business goals required by the Board of Broward County Commission "Swim Central" grant, funding the Patrick J. Meli Aquatic Complex. CITY OF DANIA BEACH, FLORIDA NON-COLLUSION AFFIDAVIT The undersigned Bidder/proposer s an has not colluded with any otheriscussed or dBidder/ProPos d Proposal with any other Bidders/Pr poser or parties to this Bid/Proposal whatsoever. Name of Bidder/Proposer Signature Name (PRINT) . Title 200 Date Witness my hand and official notary seal/stamp on the day and year written below. STATE OF ) ss: COUNTY OF ) Sworn to and subscribed before me this day of 200_1 by who(check one) [ ]is personally known to me or( ]has produced as identification. Notary Public,State of Print or Type Name of Notary Public My commission expires: (Seal) END OF NON-COLLUSION AFFIDAVIT Page 1 of 1 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: (name of entity submitting sworn statement) its business address is: Federal Identification Number (FEIlN) is: (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: (PRINT NAME of individual signing this document) and my relationship to the entity is: - (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 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 entityand who has been convicted of a public entity crim e. 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 pe f a knowingly entity enters into a joint venture with a person who has been convicted p crime in Florida during the preceding 36 months shall be considered an affiliate. 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): 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) The person or affiliate was placed on the convicted list. There has b*a a hearing officer of the State of Florida, Division of subsequent proceeding before Page 2 of 3 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 Services) Signature (of person whose PRINTED NAME Date first'appears above) STATE OF ) ss: COUNTY OF ) Sworn to and subscribed before me this day of 200___, by who (check one) [ ] is personally lmown to me or ( ] has as identification- produced Notary Public, State of Print or Type Name of Notary Public My commission expires: (Seal) - END OF PUBLIC ENTITY CRIMES STATEMENT i Page 3 of 3 CERTIFIED RESOLUTION 1, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the Said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT (Name)" The duly,,,,, ,,, - elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and Bid Bond, if such bond is required,to the City of Dania Beach and such other instruments in writing as may be necessary on behalf of.the said-, corporation; and that the Bid, Bid Bond, and other such instruments signed by , himlher shall be binding upon the said corporation as its own acts and deeds.The secretary shall certify the names and signatures of those authorized to,act by the foregoing resolution. The City of Dania Beach shall be fully protected in relying upon such certification:,:; of the secretay and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growi,ig out of honoring,the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. 1 further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. NAME TITLE SIGNATURE Given under my hand and the Seal of the said corporation this day of 20 (SEAL) By: Secretary Corporate Title .. NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Dania Beach that the person signing the Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. i QUESTIONNAIRE Shall be completed and submitted in Envelope with the Proposal, but is required prior to evaluation_ By submission of this proposal, proposer guarantees the truth and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business? 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you? If so, where and why? 4. -:lame three individuals or corporations for which you ::ave perloraied work and to which you refer. (Name) Address Phone Fax (Name) Address Phone Fax (Name) Address Phone Fax 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (in case of co-venture, list the information for all co-venturers.) Name-of-Project - Owner Total Contracted %:of Contract Date of Comokti( Value Completion to Date 6. Has the bidder or his or her representative inspected the proposed project and does the Bidder have a complete plan for its performance? 7_ Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of the percent (10%) QU ES-nONN A1RE 1 of 4 of the contract amount and the work that will be performed by each subcontractor(O. Subcontractor Work to be Performed 8. What equipment do you own that is available for the work? - 9. What equipment will you purchase for the proposed work? 10. What equipment will you teat for the proposed work? 11. State the name of your proposed project manager and give details of his or her qualifications and experience in tnan &g similar jobs. 12.State the true, exact, correct and complete name of the partnership,corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a per, state the names of all partners. If a trade name, state the names of the individuals who do businesses under the-trade name. 12.1 The correct name of the Bidder is 12.2 The partnership is a Sole Proprietorship, Partnership, or Corporation. 12.3 The address of principal place of business *is QUEMON A E 2of4 12_4 The names of the Corporate Officers, or partners, or Individuals doing business under a trade name, are as follows: 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. 12.6 List and describe all bankruptcy petitions (Voluntary or Involuntary) which have been filed by or against thz Bidder.its parent or subsidiaries or predecessor organizations during the past five (5) years- Include in the description the disposition of each such petition. 12.7 List and descn'be all suc1 Performance or Payment Bond claims made to your suretyCtes) during the last five (5) years• The list and descriptions should include claims against the bond of the Bidder and its - predecessor organization(s). 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought predecessor organization(s) during the last _ by or against the Bidder or its pred titration or five (5) years. The list shall include all case names; case, hearing identification numbers; the name of the project over which the dispute arose-, and a description of the subject matter of the dispute- QUE nONNnIRE i ..fd 12.9 List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization (s) were defendants. 12.10 Has the bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during-the last five(5) years? If yes, provide details. QUEST(ONNAiRE 4 of 4 FOREIGN (NON-FLORIDA) CORPORATIONS MUST COMPLETE THIS FORM DEPARTMENT OF STATE CORPORATE CHARTER NO. Wour corporation is exempt from the requirements of Section 607.1501, Florida Statutes, YOU MUST CHE L W_the reason(s) for the exemption. Please contact the Department of State, Division of Corporations at (9 488-9000 for assistance with corporate registration or exemptions. 607.1501 Authority of foreign corporation to transact business required. (1) A foreign corporation may not transact business in this state until it obtains a certificate of authority fi the Department of State. (2) The following activities, among others, do not constitute transacting business within the meaninj subsection (1): {sI Maintaining,,defending,-or..settting any proceeding. (b) Holding..meetings of the board..of.directors or shareholders or carrying on other activ. concerning internal corporate affairs. (c) Maintaining bank accounts. (d) Maintaining officers or agencies for the transfer, exchange, and registration of corporation's own securities or maintaining trustees or depositaries with respect to ti securities. (e) Selling ttuoug'-independent contractors. (f) Soliciting or obtaining orders, whether by snail or through employees, agents. or otherwi: the orders require acceptance outside this state before they become contracts. (g) Creat N or acquiring indebtedness. rortgages, and security interests In real or pen property. . (h) Securing or collecting debts or enforcing mortgages and security interests in property sea the debts. m Transacting businwm in interstate commerce. (p Conducting an isolated transzaciion that Is completed vvithin 30 days and that Is not one a course of repeated transactions of a like nature. (k) Owning and c6itrolling a subsidlary corporation Incorporated in or transacting business v this state or voting the stock of any corporation which it has lawfully acquired. (p Owning a WT ted partzmvhip.Interest In a meted paruvwship that Is doing buslnexs wittw state, unless such limited partner manages or controls;the partntwM ip or exercises the Pt and duties of a general partner. (m) Owning, without more, real or personal property. (3) The list of activities in.subsection (2) Is not exhaustive. (4) -Ttris section has no application to the question of whether any foreign corporation Is subject to s of process and suit in this state under any law of this state. - Nease check one of the following if your firm is a corporation: 1) Partnership, Joint Venture. Estate or Trust 11) Sole Proprietorship or Self Employed MOTE- This sheet MUST be enclosed with your bid if you claim an exemption or have checked I or It above. do not check 1 or Ii above, your firm will be considered a corporation and subject to all requirement: herein. BIDDER'S CORRECT LEGAL NAME gir;tjnTv for- nG ei urs4nR17FD AGFNT OF BIDDER ATTACHMENT "A" SCOPE OF WORK FROST PARK IMPROVEMENTS Tennis Courts,Basketball Court and HandbalUPaddleball Court • Tennis Courts,Basketball Court,Handball/Paddleball Court to be resurfaced with full fiberglass-, membrane system(fiberglass plus five(5)coat system).Fiberglass membrane will be applied to entire court surfaces. • All existing courts shall be coated in a Two Standard Color System)Color to be determined); with white 2"lines that separate color. Color System Specifications as follows: 1. Patch court cracks with asphalt and court patch material. 2. Install acrylic re-surfacer coats to refine patch areas as needed. 3. Install fiberglass material with acrylic binder to court areas as described above. 4. Install acrylic re-surfacer in three applications,(3 coats of the five cost system). 5. Install one acrylic filler coat to all courts.Color to be determined. 6. Install o•te finish topcoat to all courts.Color to be determined. 7. Stripe courts to regulation with white acrylic line.2"lines to be hand taped and painted. 8. Clean up all debris and leave courts ready to play within 24 hours of stripping • Furnish and install new nets,net posts and net straps and anchors. • Repaint Handball/Paddleball Court walls.(Color to be determined) Sports Lighting Specifications as follows: • Remove existing lights and poles and provide twelve(12)High Masted Sports Lights and Fixtures for Tennis Courts,Basketball Court and Handball/Paddleball Court • Utilize existing Electrical Service. • Install the wiring through the existing conduits to feed new lights. 12' x 12' Shade Shelters: • Construct two(2)new wood(or equivalent material)Shade Shelters with approved foundations.. 36' Hexagon Shade Shelter: • Construct one(1)new wood(or equivalent material)Hexagon Shade Shelter.with approved foundations.. Dugout Structures: • Demolish Two(2)existing dugouts on South East ball field and replace with Two(2)new dugout structures to be 6'x 22.'To be built in accordance with City standard drawings. • Structures to match roller hockey shelters a Frost Park. • Provide approximately 6' x 22'of galvanized Chain Link Walls. • Provide 2"x 6'PT wood frame roof system with 5/8"CDX Plywood and"Suntuf' polycarbonate roofing panels. • City to provide standard design. Grass Athletic Field: • Re-surface/level surface of grass athletic field. Walking/Jogging Trail: • Increase width to five(5)feet with surface material in compliance with ADA • Install 7 to 9 exercise stations. • Add/Install lighting on Roller Hockey Rink(minimum 40ft.candle power maintained). Attachment"A" Scope of Work(continued) PATRICK I MELI AQUATIC COMPLEX Site Work and Utilities: © All areas of the park not in hard surface shall be irrigated with 50% overlap providing 100% coverage, within the limits of the work. ® Landscaping redesigned to meet Dania Beach code requirements for height and spacing. • All tree and plant material shall be Florida Number 1 grade. • Water and sewer distribution. 1,100 sq,ft.Restroom&Equipment Room Building: • Equipment yard,concrete pad under equipment and stabilized fill for balance. • Equipment yard lit for security. • Provide 1,100 sq. ft.one(1)story structure(engineered as concrete masonry unit structure). • Provide roof structure(pre-fabricated engineered wood trusses),roof sheathing, sub-facia and rough carpentry. • Woman's Bathroom=Eight(8)standard water closets,one(1)HC water closet, four lavatories. • Men's Bathroom--Two(2)standard water closets,one(1)HC water closet, four(4)urinals, four (4)lavatories. • Solid plastic toilet partitions and stainless steel toilet accessories to be used. • Provide and install one(1)non-chilled drinking fountain(handicapped)—exterior mounted. 25yd x 25m 8 lanes x 2m deep, stainless steel pool with PVC membrane: • Provide and install stainless steel pool with PVC liner 75'-1"x 82'1" x 2 meters deep with classic overflow gutter. • Install PVC piping,main drains and floor returns. • Provide horizontal or vertical high rate sand filters with appropriate valuing. • Deck equipment._(Shepherdshook,life guard buoy,test kit). • Signage per HRS requirements. o Provide manual A.D.A.lift into pool. • Provide pool deck lighting to HRS standards. • Provide electric heat necessary to maintain a constant 82 degrees Farenheit. • Provide an automated chemical control system via an ozone generator. • Pool must be State of Florida Board of Health approved • Approved manufacturers are Myrtha,Bradford,Keefer,Natare or equivalent. General Amenities including the following: • Two(2)Trash receptacles w/dome top&liner • Four(4)Park type benches • One(1)ADA water fountain w/ss bowl. • Two(2)deck showers. All.designs to meet minimum requirements of Dania Beach codes, Florida Building Code, 2001 and all American with Disabilities Act(ADA) requirements. , i , , ; I I I II ul a j o I II I o W m a 0 { J z in II I J Np} �- Ytloa R ?1 W Of r N 'J zs<C tyj In O 1�Q 1 1 i i I QWA3inas FIQtKQM! 1 1 1 �17wHn l• 1 1 '1 I 1 i RIRi '� 1 1 1 � � . 64 03 tic fn 1 1 1 e I1 �� AL a al, N*� I i I mtA- cc 1 / 1 1 1 / i tl11 i o ! 1 1 i i 1 i i i 1 1 1 1 1 / • 1 1 i i 1 � 1 � Q■ � j I � i1 1 111 1 ; ��)~/ � / � 1 � � 11 • 11 I 1 ; � 1 1 • 1 1 t I / 1 f1oVK 1 1 O � 0 9 z Q m = C W. N M. W m Q <zw CL <a� two ® r d r LLHo Z w ®(Az 52 w a cn a m co L c6 CS Y . � J d O � a FE z m a w U 65 m U < Z- CIO m z 2 ca H 4 O Q U J d Q m m Cd O O LL 3JXJ JNU LV6