HomeMy WebLinkAboutR-2006-227 Bid Award Marina restrooms RESOLUTION NO. 2006-227
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN AGREEMENT WITH FRANK HILL CONSTRUCTION, INC.
FOR CONSTRUCTION OF THE DANIA BEACH MARINA RESTROOMS IN
AN AMOUNT NOT TO EXCEED $218,700.00; PROVIDING FOR
CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City advertised for bids for construction of the Dania Beach Marina
Restrooms and two proposals were received by the City on November 17, 2006; and
WHEREAS, the committee representing the City for the project has determined and is
recommending that Frank Hill Construction Inc. be selected, since it can best provide the project
services in an amount not to exceed $218,700.00; and
WHEREAS, the City Commission has previously approved funding for the Marina Park
improvement in the amount of$269,050.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an Agreement for
the Dania Beach Marina Restroom Project with Frank Hill Construction Inc. in an amount not to
exceed $218,700.00 all as appearing in the documents attached as Exhibit"A".
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the terms of such documents as are deemed necessary and proper for the best
interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 12, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
A TEST:
tSL - .� ;-�}��d�J
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO O AND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION #2006-227
' ❑ CITY ®F DANIA BEACH
Agenda Item # e
Agenda Request Database
Date of Commission Meeting: 12/12/2006
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑
Award Bid /RFP ❑X Presentation ❑ Continued from:
RequestedasAction (Itlen i a ppropnateAction or Motion)' ff
Award bid to Frank Hill Construction, Inc. for the Dania Beach Marina Restroom Project.
Y�
1Nhy'`Acti0n Is Necessary
P,
To perform all interior and exterion renovations indicated on the bid specification exhibit in RFP.
�!ltiat Actoon Accomplishes
Provides a split restroom facility for Beach and Marina Patrons. Project will aslo provide a new lifeguard office with
shower and locker room facilities as well as a new 20' x 20' garage/storage area.
Purchasing`Requests ONLY .
Dept: 7209 Marina Acct#: Amt: $218,700.00
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: Grants:❑ ❑ Capital: ❑
Summary Explanation%Backgrnd
� we
Two bids were received on November 17, 2006. The bid committee met on December 6, 2006 and recommended to
award Frank Hill Construction, Inc. the bid. Frank Hill Construction's bid was under budget and also $45,500.00 less than
the other bid received for the same scope of services, products and materials being provded; the bid was in the amount
of$218,700.00.
Fiscal Im act/Cost Summary ;
p.
Exhibits AttacheN
ed
Exhibit 1. resolution
Exhibit 2. bid comparison sheet
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
s
Authorized'Signatures x
Submitted by
Mark T. Felicetty Date 12/06/06
Department Director
Kristen Jones Date 12/06/06
HR Director
Date
Finance Director
Patricia Varney Date 12/06/06
City Attorney
Thomas J. Ansbro Date 12/06/06
City Manager
Ivan Pato Date 12/06/06
;; rc
City Clerk Use .
x
Commission Action:
Approved: ❑ Denied: 0 Continued to: ❑
Kristen L. )ones MS
Director, Parks and Recreation h �
100 West Dania Beach Blvd.
n Dania Beach, FL 33004
Phone: 954-924-3730
Fax: 954-924-3629
kjonesnci.dania-beach.flms
TO: Patricia Flury,Mayor
Bob Anton, Vice-Mayor
Anne Castro, Commissioner
John Bertino, Commissioner
Paul A. Fetscher, Commissioner
Ivan Pato, City Manager
FROM: Kristen L.Jones,Director Parks and Recreation
DATE: December 4,2006
SUBJECT: Dania Beach Marina Restroom Bid Comparison
Dania Beach Marina WRlestroom
Bid Comparison
Coastal Contracting_ Frank Hill Construction
ROOF Standing Seam Metal Seamless Metal on 5/12
(Match Pier Restaurant) Pitch
WINDOWS Glass Block Glass Block
DOORS Medal Doors (7) Medal Doors (4)
LIFEGUARD OFFICE Impact Glass Door (1) Impact Glass Door (1)
DOOR
TOILETS Auto Flush Battery Operated American Standard or
Equal
SIDEWALKS New New
OUTSIDE DECKING None New Pressure Treated
Wood
FLOORING Office, Shower, & Lockers Office Shower & Locker
H.0 RAMP Upgraded Upgraded
GARAGE BUILDING Overhead Door Electric Roll Up Door
LOCKERS Steel (8 lockers)
did not specify no. of locker did not specify material
HVAC Wall Unit
AIR CONDITIONING Lifeguard Office Lifeguard Office
Price $264,200.00 $218,700.00
Frank Hill Construction, Inc. meets all criteria in scope including the budget.
Coastal Construction, Inc. meets all criteria but is over budgeted amount.
AGREEMENT
THIS IS AN AGREEMENT ("Agreement"), dated-T W4WX'-Q.� 2007, between
THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a
business location at 100 West Dania Beach Boulevard, Dania, Florida 33004, and Frank
Hill Construction Inc., ("Contractor"), a Florida Corporation, with its principal place of
business address located at 267 SW 12th Street, Dania Beach, FL 33004.
In consideration of the mutual terms, conditions, promises, covenants and
payments set forth in this Agreement, the sufficiency and receipt of which are
acknowledged, City and Contractor agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and frame of reference for this
Agreement, and to generally express the objectives and intentions of the parties, the
following statements, representations and explanations are the predicates for the
undertakings and commitments included within the provisions which follow, and may be
relied upon by the parties as essential elements of the mutual considerations upon which
this Agreement is based.
1.1 The Contractor, for the consideration fully set out below, shall furnish
all the materials, equipment and labor to perform all work necessary to complete the
work described in the "Repair Bid Specifications Dania Beach Marina Bathroom"
document, a copy of which is attached and incorporated by this reference (the "Project").
1.2 The City advertised its notice to bidders of the City's desire to have the
Project completed, pursuant to the bid entitled:
Dania Beach Marina Restroom Project
1.3 On November 17, 2006, the City awarded the bid to Contractor and
authorized the proper City officials to enter into this Agreement with Contractor to
complete the Project.
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ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 Contractor agrees to do everything required by this Agreement and to
comply with any and all other provisions in the documents and items incorporated by
reference into this Agreement. Contractor also agrees to perform all clean-up and bear
the expense of any off-site disposal, which is or may be necessitated by its work on and
around the Project site.
2.2 Contractor agrees that all work performed under this Agreement shall be
done in a professional manner and that Contractor's efforts will produce a quality result.
2.3 Contractor represents to City, with full knowledge that City is relying
upon these representations when entering into this Agreement with Contractor, that
Contractor has the expertise, experience and work force sufficient to timely perform the
services to be provided by Contractor pursuant to the terms of this Agreement.
2.4 Contractor represents to City that Contractor is properly licensed by all
applicable federal, state and local agencies to provide the services specified under this
Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for
any reason by any governmental agency, Contractor shall notify the City immediately.
2.5 Contractor agrees to conduct all work and services under this Agreement
• in accordance with all applicable federal, state and local laws and regulations. Contractor
will identify all governmental authorities and agencies having jurisdiction to approve
work involved in the Project and Contractor agrees to obtain all permits and approvals
from any and all such governmental authorities which have jurisdiction. If permitted by
the permitting agency, and if City can realize a cost savings by such action, City may
authorize the Contractor to seek required permits on behalf of and in the name of City as
its Contractor; provided, however, that Contractor agrees to fully indemnify and hold
harmless the City in all respects as a result of the obtaining of any and all such permits
and approvals. Without limiting the foregoing, City agrees to reimburse Contractor, upon
City's receipt of adequate proof that Contractor has paid same, the amounts of all permit
fees incurred by Contractor in connection with the applications, processing and securing
of approvals or permits which are required to be obtained from all governmental
authorities which have jurisdiction over any and all aspects of this work, except City
permits and fees which shall be waived and except for so much of any fees as to which
the City is required to remit to other governmental agencies.
2.6 City's Building Official, or his designated representative, will be the
person through whom Contractor must communicate all information pertaining to the
Prcj ect.
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2.7 Contractor shall guarantee the entire Project against poor workmanship
and faulty materials for a period of one (1) year after final payment and shall immediately
correct any defects which may appear during this period upon written notification by the
City's Building Official or his designated representative. Contractor waives any and all
rights to claim any statute of limitations defense as to any condition that may arise under
this guarantee.
ARTICLE 3
TERMS AND CONDITIONS
3.1 Contractor shall begin to perform the Project work commencing on
February 1, 2007 (the "Commencement Date"). Contractor shall complete the Project
work no later than August 1, 2007 (180) days after the Commencement Date (the
"Completion Date"). Contractor shall notify City in writing of the Completion Date
within 10 days of such date.
3.2 This Agreement may be terminated by City if Contractor fails to perform
the work to City's sole and reasonable approval, after City sends written notice of any
deficiency to Contractor and Contractor does not cure such deficiency within seven (7)
days from the date of such notice. In such event, the Contractor shall be paid
compensation for improvements made toward completion of the Project, if such
improvements meet City's sole and reasonable approval, which approval will not be
unreasonably withheld. In the event that the Contractor abandons the work specified in
this Agreement or causes it to be terminated, Contractor shall indemnify the City against
any loss pertaining to its abandonment up to a maximum of the amount to be paid under
this Agreement. All finished or unfinished materials, documents and reports prepared by
Contractor shall become the property of City and shall be delivered by Contractor to City
before payment, if any, is made to Contractor by City.
ARTICLE 4
COMPENSATION AND METHOD OF PAYMENT
TOTAL AGREEMENT AMOUNT: $218,700.00
4.1 City agrees to compensate Contractor as follows.
4.2 Contractor shall submit an invoice showing the work performed,
materials purchased and stored and the value of same for the project by the 30`h day of
each month. Invoice shall also indicate the amount due for this work and materials, less
a retainage amount as provided below. The Building Official shall review the invoice
and approve for payment or reject and return to Contractor for revision.
4.3 Upon completion of the project, Contractor shall submit a final invoice.
City shall, no later than twenty (20) business days after the City Building Official
approves all of Contractor's completed Project work pursuant to the provisions of this
Agreement, effect final payment including retainage.
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4.3 Upon completion of the project, Contractor shall submit a final invoice.
City shall, no later than twenty (20) business days after the City Building Official
approves all of Contractor's completed Project work pursuant to the provisions of this
Agreement, effect final payment including retainage.
Project completion shall be evidenced by a writing to that effect, issued by the
City Building Official and given to the City Clerk. The total compensation above may
not be exceeded without a written amendment to this Agreement executed by the
authorized agents of both of the parties.
4.4 Payment will be made to Contractor at:
Frank Hill Construction, Inc.
267 SW 121h Street
Dania Beach, FL 33004
4.5 The making and acceptance of the work shall constitute a waiver of all
claims by the City except for any or all claims arising from the guarantee set forth above,
unsettled liens, lawsuits, deficiencies or faulty work appearing within one (1) year after
final payment, or from any variations from the requirements of the Specifications for the
Project. The acceptance of payment shall constitute a waiver of all claims against City by
the Contractor.
4.6 Contractor shall, before final payment is made by City, provide City
copies of releases of all liens from any and all subcontractors, materials' providers and
the like, who or which supplied or furnished any labor, services or materials that were
used in the Project. Contractor shall then furnish the City a "No Lien Affidavit". Final
payment shall be made upon submission by the Contractor of evidence satisfactory to the
City that all payrolls, material bills and other costs incurred by the Contractor in
connection with the work have been paid in full, and after all guarantees and
specifications for products and materials incorporated into the Project that appear in this
Agreement and as otherwise set forth in the specifications have been furnished to and
found acceptable by the City.
4.7 In full consideration of the full and complete performance of the Work and
all other obligations of the Contractor, City shall pay to the Contractor the Contract Sum
for the work, subject to additions and deductions as provided in this Agreement.
4.7.1 On or before the first day of each month during the performance of
the Project Work (the "Work"), or such other day of the month agreed to by the parties,
the Contractor shall submit to the City's Project Representative for approval an original
Request for Payment. Submission of any original certificates, waivers of liens and claims,
or other documents required in this Agreement to be submitted, is a condition precedent
to City's obligation to pay Contractor. Fifteen (15) days prior to the first Request for
Payment, the Contractor shall prepare, and submit to the City's Project Representative for
its approval a schedule of values allocating the various portions of the Work (the
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"Schedule of Values"). The Schedule of Values approved by the City's Project
Representative shall be used as a basis for reviewing the Contractor's Request for
Payment. The Request for Payment shall show such supporting evidence as may be
required by the City's Project Representative including, but not limited to, the documents
set forth in Section 4.7.8 below, all in a form and substance acceptable to the City's
Project Representative. The Request for Payment shall constitute a representation to the
City's Project Representative that (i) the Work has progressed to the point indicated,(ii)
the quality of the Work is in accordance with the plans and specifications, and (iii) all
monies previously reimbursed by the City to the Contractor have been disbursed to the
appropriate subconsultants, subcontractors, materialmen, vendors and miscellaneous
suppliers based upon the prior Request for Payment. Provided that the Contractor
submits all required documentation as required in this Section, City shall tender all
payments to the Contractor within thirty (30) calendar days of receipt of the Request for
Payment or sooner if practicable less any retainage required by Section 4.7.4 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.
4.7.2 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.
• 4.7.3 City shall make payment to the Contractor in the amount approved,
subject to the provisions of Section 4.7.1. 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.
4.7.4 In accordance with Part VII of Chapter 218, Florida Statutes, as
may be amended from time to time, entitled the "Local Government Prompt Payment
Act," the Contractor agrees that ten percent (10%) of the amount due for Work as set forth
in each Request for Payment shall be retained by City until fifty percent (50%) completion
of such Work. After fifty percent (50%) completion of such Work, the City will reduce
the retainage to five percent (5%) withheld from each subsequent Request for Payment
made by the Contractor. Fifty percent (50%) completion is defined as the point at which
the City has expended fifty percent (50%) of the total cost of the Work as identified in the
contract, together with all costs associated with existing change orders and other additions
or modifications to the Work provided for in the contract.
After fifty percent (50%) completion of the Work, the Contractor may elect to
withhold retainage from payments to its subcontractors at a rate higher than five percent
(5%). The specific amount to be withheld must be determined on a case-by-case basis and
must be based on the Contractor's assessment of the subcontractor's past performance, the
likelihood that such performance will continue, and the contractor's ability to rely on other
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safeguards. The Contractor shall notify the subcontractor , in writing, of its determination
to withhold more than 5 percent of the progress payment and the reasons for making that
determination, and the Contractor may not request that release of such funds from the
Citv.
After fifty percent (50%) completion of Work, the Contractor may present to the
City a Request for Payment for up to one-half(1/2) of the retainage held by the City. In
this case, the City has no obligation to release such retainage but may do so in its sole and
absolute discretion. However, the Contractor shall remain liable for subcontractor Work
and for any unpaid laborers, vendors, materialmen, suppliers or subcontractors in the event
it is later discovered that Work is deficient or that any laborers, vendors, materialmen,
suppliers or Subcontractors did not receive payment due to them on the project.
4.7.5 Within thirty (30) days after Final Completion of the Work and
acceptance by City or as soon thereafter as possible, the Contractor shall submit a final
request for payment ("Final Request"), which shall set forth all amounts due and
remaining unpaid to the Contractor (including the unpaid portion of the retainage) and
upon approval by the City's Project Representative, City shall pay to the Contractor the
amount due under such Final Request ("Final Payment") within thirty (30) days of the
satisfaction of requirements for Final Payment as set forth in Section 4.7.6 below.
4.7.6 The Final Request shall not be made until the Contractor delivers
to the City complete original releases of all liens and claims signed by all subcontractors,
materialmen, suppliers, and vendors an affidavit that so far as the Contractor has
knowledge or information, the releases include and cover all materials and Work for
which a lien or claim could be filed. The Contractor may, if any subcontractor,
materialman, supplier or vendor refuses to furnish the required final waiver of lien,
furnish a bond satisfactory to City's Project Representative to defend and indemnify City
and any other property owner, person or entity City may be required to indemnify against
any lien or claim. In addition, and as a condition precedent to City's obligations to make
Final Payment, the Contractor shall execute and deliver to the City's Project
Representative (a) a certificate of Contractor and final waiver of liens and claims of the
Contractor and (b) the written consent of Contractor's surety. Notwithstanding the
foregoing, provided the Contractor's surety provides the City with its unqualified consent
to Final Payment, the following method for Final Payment shall be followed. Within
thirty (30) days following the City's approval of the Final Request, City shall pay the
Contractor the amount due under such Final Request less (i) the remaining portion of the
Contract Sum, (ii) any retainage of Contract Sum held by City, and (iii) cost savings, if
any. Following delivery by Contractor to the City's Project Representative of the original
releases of all liens and claims signed by all subcontractors, materialmen, suppliers and
vendors, as well as the documents set forth in subsections (a) and (b) above, the City shall
pay the Contractor the remaining amounts in the Final Request for items (i), (ii), and (iii)
above.
•
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4.7.7 Any provision of this Agreement to the contrary notwithstanding.
• City shall not be obligated to make full payment to the Contractor if any one or more of
the following conditions exists:
a. the Contractor is in default of any of its obligations under any'of
the contract documents or is in default of any other obligation
owed by Contractor to City under this Agreement or any other
agreement or transaction between the Contractor and City in
connection with the Project; or
b. any part of such payment is attributable to Work which is defective
or not performed in accordance with the contract documents; or
C. the Contractor has failed to make payments within ten (10) days of
receipt of payment from City to any subcontractor or for material
or labor used in the Work for which City has made payment to the
Contractor; or
d. if City, in its good faith judgment, determines that the portion of
the contract sum then remaining unpaid will not be sufficient to
complete the Work in accordance with the contract documents
whereupon no additional payments will be due the Contractor
unless and until the Contractor, at its sole cost, performs a
sufficient portion of the Work so that such portion of the contract
sum then remaining unpaid is determined by City to be sufficient
to so complete the Work.
The City's Project Representative, using reasonable discretion, shall
determine the value associated with such conditions and shall act to reduce Contractor's
payment by the determined amount.
4.7.8 Contractor shall use the sums paid to it pursuant to these
provisions solely for the purpose of performance of the Work and the construction,
furnishing, and equipping of the Work in accordance with the plans, specifications, and
addenda and payment of bills incurred by the Contractor in performance of the Work.
With the submission of each Request for Payment the Contractor shall furnish to the
City's Project Representative a certificate of Contractor and partial waiver of lien and a
certified statement accounting for the disbursement of funds received from City. Such
statement shall itemize all disbursements to subconsultants, subcontractors, materialman,
and vendors, and if required by City, shall be accompanied by copies of subcontract
Payment vouchers, vendors' invoices, payrolls and other data substantiating actual
expenditures, as well as a certificate of subcontractor and partial waiver of lien, from
each Subcontractor, materialman, or vendor packet. 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,
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purchase orders or other agreements. llox+ever, no provision in this Agreement shall be
• construed to require the City's Project Representative to see to the proper disposition or
application of the monies so advanced to the Contractor, except to the extent provided in
Section 4.7.6.
4.7.9 Contractor shall promptly pay all bills for labor and material
performed and fumished by its subconsultants, subcontractors, suppliers, vendors, and
materialmen, in connection with the construction, furnishing and equipping of the Project
and the performance of the Work.
ARTICLE 5
CHANGES IN SCOPE OF WORK
City or Contractor may request changes that increase, decrease or otherwise
modify the Project, as described in this Agreement. These changes may affect the
compensation specified above and, if so, they must be described in a written amendment,
executed by the authorized agents of both of the parties, prior to any deviation from the
terms of this Agreement. In no event will Contractor deviate or permit deviation from the
work described in this Agreement or the Specifications without City's advance written
consent.
• ARTICLE 6
PROTECTION OF CITY'S PROPERTY
At all limes during the performance of this Agreement, the Contractor shall
protect the City's property from all damage whatsoever on account of Contractor's
performance of work toward completion of the Project described by this Agreement.
ARTICLE 7
INDEMNIFICATION
7.1 The Contractor agrees to indemnify and hold harmless the City and its
elected and appointed officers, agents, servants and employees from and against any and
all claims, demands or causes of action whatsoever and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments and decrees
sustained by the City and any third party arising out of, or by reason of, or resulting from
the Contractor's work toward completion of the Project, Contractor's reckless acts, or
negligent acts, or both and any and all errors or omissions of whatsoever kind up to a
maximum amount of the Total Agreement Amount.
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7.2 The Contractor agrees to release the City from and against any and all
90 liability and responsibility in connection with the Project work. If Contractor exposes
City to liability for any reason arising out of the Project work, Contractor's compensation
may be withheld until City can determine the extent of City's exposure and City retains
the right to offset any amounts related to such matters against Contractor's compensation,
if any. City will notify Contractor in writing when it determines Contractor may have
exposed City to any liability and City will provide a reasonably ascertainable date by
which resolution of the exposure, offset or both will be determined.
ARTICLE 8
INSURANCE
8.1 The Contractor shall not commence work under this Agreement until
Contractor has obtained all insurance required under section 8.4 of this Article
("Coverage") and such Coverage has been approved by the Risk Manager of the City.
The Contractor shall not allow any subcontractor to commence work on any subcontract
until the subcontractor, as provided in section 14.3, below, and all Coverage required of
any subcontractor, have been approved by City. In addition, Contractor shall be
responsible for any policy deductibles and self-insured retentions.
8.2 Contractor shall file Certificates of Insurance with the City, reflecting
evidence of the Coverage. They shall be filed with the City Risk Manager within ten (10)
. days of the date first above written. These Certificates shall contain a provision that
Coverage afforded under these policies will not be canceled until at least thirty (30) days
prior written notice has been given to the City. Policies for Coverage shall be issued by
companies authorized to do business under the laws of the State of Florida and any such
companies' financial ratings must be no less than "A" in the latest edition of the
"BEST'S KEY RATING GUIDE", published by A.M. Best Guide.
8.3 Coverage shall be in force until all work required to be performed under
the terms of this Agreement is satisfactorily completed as evidenced by the formal
acceptance by the City. In the event insurance certificates provided to City indicate that
the insurance shall terminate and lapse during the period of this Agreement, then in that
event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the
date of such insurance, a renewed certificate of insurance as proof that equal and like
Coverage for the balance of the period of the Agreement and any extension of it is in
effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK
PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGE REMAINS IN
FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY
APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT.
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8.4 REQUIRED INSURANCE COVERAGE.
8.4.1 General Liability Insurance includes products, completed
operations and blanket contractual liability with bodily injury limits of not less than
$1,000,000.00 per occurrence combined single limit for bodily injury and property
damage. City shall be named as an "additional insured" under the general liability policy
including product liability. The "additional insured" clause shall be a rider or
endorsement issued by the insurance home office, not by a local agent.
8.4.2 Workers' Compensation insurance shall be maintained by
Contractor during the life of this Agreement to comply with statutory limits for all
employees, and in the case any work is sublet, as otherwise addressed in this Agreement,
the Contractor shall require any subcontractors similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Contractor. The Contractor and its
subcontractors shall maintain during the life of this policy Employers' Liability
Insurance. The following limits must be maintained: $500,000.00 with not less than
$100,000.00 per occurrence.
8.4.3 Comprehensive Auto Liability insurance with limits not less
than $500,000.00 per occurrence for bodily injury and property damage. This coverage
shall include owned, hired and non-owned vehicles.
The Contractor shall hold the City, its agents and employees, harmless on account
of claims for damages to persons, property or premises arising out of the operations to
complete the Project. The City reserves the right to require Contractor to provide and pay
for any other insurance coverage City deems necessary depending upon the possible
exposure to liability.
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• ARTICLE 9
INDEPENDENT CONTRACTOR
This Agreement does not create an employee/employer relationship between the
parties. Contractor agrees that it is not the City's employee for any purposes, including
but not limited to, the application of the Fair Labor Standards Act minimum wages' laws
and overtime payments, Federal Insurance Contribution Act, the Social Security Act,the
Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida
Workers' Compensation Act, and the Florida unemployment insurance law. The
Contractor shall retain sole and absolute discretion and exercise its judgment as to the
manner and means of carrying out Contractor's activities and responsibilities toward
completion of the Project. Administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not
conflict with City, H.U.D., or United States policies, rules or regulations relating to the
use of Contractor's funds provided for in this Agreement. The Contractor agrees that it is
a separate and independent enterprise from the City, that it has full opportunity to find
other business, that it has made its own investment in its business, and that it will utilize a
high level of skill necessary to perform the work. This Agreement shall not be construed
as creating any joint employment relationship between the Contractor and the City and
the City will not be liable for any obligation incurred by Contractor, including but not
limited to unpaid minimum wages, overtime premiums or both.
ARTICLE 10
PUBLIC CONSTRUCTION BOND
10.1 At the time of the execution of this Agreement, Contractor shall furnish a
Public Construction Bond equal to the amount of the bid, or an Irrevocable Letter of
Credit acceptable to City in the amount of one hundred fifty percent (150%) of the bid
from Contractor's lending institution which will be considered Bond Coverage for the
City (in either case, the guarantee is referred to in this Article 10 as the "Bond"). If a
Public Construction Bond is submitted, it will be in the form prescribed by Florida law (a
copy of such Bond is attached to this Agreement, identified as Exhibit "A" and
incorporated by this reference). Any authorized Bond shall guarantee to the City the
completion and performance of the work covered in the Agreement. The Bond shall at
` all times be valid and in force to cover the work being performed. The Bond shall be
executed by a Surety Company approved by the U.S. Treasury Department, licensed to
do business in the State of Florida, and having a registered agent in Broward County (the
"Surety") or, if an Irrevocable Letter of Credit is supplied, it must first be reviewed and
approved in writing as acceptable to City in all respects, including the identity and
location of the issuing bank, by the City's Chief Financial Officer, which approval will
not be unreasonably withheld.
Il
10.2 The Contractor agrees to keep any such Bond, or a replacement of it, in
. full force and effect at all times during the course of performance of this .Agreement. In
addition to the foregoing requirements, such Bond shall contain provisions, whether by
attaching endorsements or supplemental agreements, guaranteeing to the City the
completion of the work described in this Agreement. Contractor may comply with the
requirements of this provision by causing the Bond to specifically name the CITY OF
DANIA BEACH as one of the parties to which the protection afforded by the Bond is
extended or as an alternative, may furnish the City with a separate Bond meeting the
same criteria provided above.
ARTICLE 11
DEFAULT OF AGREEMENT AND REMEDIES
11.1 Liquidated Damages. It is mutually agreed between the parties that time
is of the essence of this Agreement, and in the event the Project is not completed within
the time and in the manner specified in this Agreement, it is agreed that from the
compensation otherwise to be paid to the Contractor, the City may retain the sum of
Three Hundred ($300.00) Dollars per day for each day thereafter, Sundays and holidays
included, that the work remains uncompleted and the City is denied full benefit of
completion of the Project, which sum City and Contractor agree represents the damages
the City will have sustained per day for the failure of the Contractor to complete the
Project within the time stipulated. The parties agree that this sum is not a penalty.
11.2 Remedies in Default. In case of any default by Contractor, the City,
through City's Building Official or his designated representative, shall notify the
Contractor, in writing, of such default and direct Contractor to comply with all provisions
of the Agreement. A copy of such written notice shall be mailed to the Surety on the
Bond, or the lending institution named in the Irrevocable Letter of Credit (the "Bank"),
whichever is applicable. If Contractor does not cure such default within seven (7) days of
the date after notice was sent by City, City may declare a default of this Agreement and
will notify the Contractor and the Surety or Bank of such declaration of default in writing
and terminate the Agreement.
11.2.1 Within ten (10) days of such declaration of default, the Surety
on the Bond shall, at its own cost and expense, rectify or cause to be rectified the default
and also contract with a replacement contractor to be approved by City. Surety's
replacement Contractor will assume the work of Contractor and complete performance of
the work of the Project under the Agreement within thirty (30) days of City's approval of
Surety's replacement Contractor. The Surety shall receive payment equal to what would
have been paid the Contractor had the Contractor continued to perform the work under
the Agreement, less any compensation paid to Contractor by City and less all sums due
the City for any damages suffered or any expenses incurred, or both, by reason of
Contractor's default. Alternatively, if applicable, City shall notify Bank that the
Irrevocable Letter of Credit is required to be honored and payment immediately made to
City.
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• 11 .2.2 If such Surety or Bank fails to perform any of its obligations
as described above, the City may complete the Project. or any part of it, either by day
labor or re-letting a contract ("Default Contract") for the same, and procure the
equipment and the facilities necessary for the completion of the Default Contract, and
charge the cost of same to the Contractor, the Surety, or both, together with the costs
incident to such default.
11.2.3 In the event the City completes the Default Contract at a lesser
cost than would have been payable to the Contractor under this Agreement, if the same
had been fulfilled by Contractor, City shall retain such difference. Should such cost to
the City be greater, then the Contractor, the Surety, or both shall pay the amount of such
excess to the City.
ARTICLE 12
BANKRUPTCY
It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or
involuntarily, then this Agreement shall terminate effective on the date and at the time the
bankruptcy petition is filed and Contractor will automatically be in default of this
Agreement and the provisions of Article I 1 will be enforced at City's discretion.
ARTICLE 13
DISPUTE RESOLUTION
13.1 Venue; Fees. All claims, counterclaims, disputes and other matters in
question between City and Contractor arising out of, relating to or pertaining to this
Agreement, or the breach of it, or the services of it, or the standard of performance
required in it, shall be addressed by resort to non-binding mediation as authorized under
the laws and rules of Florida; provided, however, that in the event of any dispute between
the parties, the parties agree to first negotiate with each other for a resolution of the
matter or matters in dispute and, upon failure of such negotiations to resolve the dispute,
the parties shall resort to mediation. If mediation is unsuccessful, any such matter may
be determined by litigation in a court of competent jurisdiction in Broward County,
Florida, or the Federal District Court of the Southern District of Florida and appropriate
appellate courts for such venue and jurisdiction. In any litigation, the parties agree to
each waive any trial by jury of any and all issues. In the event of any litigation which
arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard
of performance required in it, the prevailing party shall be entitled to recover reasonable
attorneys' fees from the non-prevailing party, subject to the limits of this paragraph.
Where the prevailing party is awarded compensatory damages from the non-prevailing
party, the amount of attorneys' fees shall not exceed the amount of compensatory
damages. If no compensatory damages are awarded, the prevailing party is entitled to
reasonable attorneys' fees, which entitlement and award shall not exceed the total amount
payable as Contractor's compensation under this Agreement.
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13.2 Operations During Dispute.
13.2.1 In the event that a dispute, if any, arises between the City and
the Contractor relating to this Agreement, or its performance or compensation, the
Contractor agrees to continue to render service in full compliance with all terms and
conditions of this Agreement as required by the City.
13.2.2 Notwithstanding any other provisions in this Agreement,
whenever any service provided by the Contractor fails to meet City's reasonable
approval, the City will have the right to terminate the Agreement seven (7) days after the
date when the written notice was sent by City of the deficiency, if Contractor has not
cured such deficiency within that time.
ARTICLE 14
MISCELLANEOUS
14.1 Legal Representation. It is acknowledged that each party to this
Agreement had the opportunity to be represented by counsel in the preparation of this
Agreement, and accordingly, the rule that a contract shall be interpreted strictly against
the party preparing same shall not apply to this Agreement due to the joint contributions
of both parties.
14.2 Records. Contractor shall keep such records and accounts and require
Aany and all subcontractors to keep records and accounts as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement, and
any expenses for which Contractor may attempt to claim reimbursement. Such books and
records will be available at all reasonable times for examination and audit by City and
shall be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this Agreement. Incomplete or incorrect entries in such books and
records will be grounds for disallowance by City of any fees or expenses based upon such
entries.
14.3 Assignments, Subcontracts and Amendments. This Agreement, and any
interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any
way or otherwise encumbered, under any circumstances, by Contractor without the prior
r written consent of City. For purposes of this Agreement, any change of ownership of or
controlling interest in Contractor shall constitute an assignment which requires City
approval. Violation of the terms of this paragraph shall constitute a breach of this
Agreement by Contractor and City may, in its discretion, cancel this Agreement and all
rights of Contractor under this Agreement will terminate.
It is further agreed that no modification, amendment or alteration of the terms or
conditions contained in this Agreement shall be effective unless contained in a written
document executed by the authorized agents of the parties.
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14.4 No Contingent Fees. Contractor warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee
working solely for Contractor any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, the City shall have the right to terminate the
Agreement without liability and, in its discretion, to deduct from the Agreement price,or
otherwise recover the full amount of such fee, commission, percentage, gift or
consideration.
14.5 Notice. Whenever any party desires to give notice to the other party, it
must be given by written notice, sent by certified United States mail, with return receipt
requested, addressed to the party for whom it is intended. The places for giving of notice
shall remain as set forth below until they shall have been changed by written notice in
compliance with the provisions of this section. For the present, the Contractor and the
City designate the following as the respective persons and places for giving of notice:
City: Phil Reeves, Building Official
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Copy to: Thomas J. Ansbro, Esq.
City Attorney
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Contractor: Frank Hill Construction, Inc.
Attention: Frank Hill, President
267 SW 12`h Street
Dania Beach, FL 33004
14.6 Binding Authority. Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal power to execute this
Agreement on behalf of the party for whom he or she is signing, and is authorized to bind
and obligate such party with respect to all provisions contained in this Agreement.
14.7 Headings. Headings in this Agreement are for the convenience of
reference only and shall not be considered in any interpretation of this Agreement.
14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential
part of this Agreement. The exhibits, if not physically attached, are treated as parts of
this Agreement and are incorporated in it by this reference.
15
. 14.9 Severability. If any provision of this Agreement or application of it to
any person or situation shall to any extent be held invalid or unenforceable, the remainder
of this Agreement, and the application of such provisions to persons or situations other
than those as to which it shall have been held invalid or unenforceable, shall not be
affected, and shall continue in full force and effect, and shall be enforced to the fullest
extent permitted by law.
14.10 Governing Law. This Agreement shall be governed by the laws of the
State of Florida with venue lying in Broward County, Florida.
14.11 Extent of Agreement. This Agreement represents the entire and
integrated agreement between the City and the Contractor and supersedes all prior
negotiations, representations or agreements, either written or oral.
14.12 Waiver. Failure of the City to insist upon strict performance of any
provision or condition of this Agreement, or to enforce any right contained in it, shall not
be construed as a waiver or relinquishment for the future of any such.provision, condition
or right, but the same shall remain in full force and effect.
14.13 Conflict. In the event there is a conflict between any of the terms in any
of the documents contained in any Exhibit to this Agreement and any terms of this
Agreement, the terms of this Agreement shall prevail.
` IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY:
CITY OF DANIA BEACH,
a Florida Municipal Corporation
AT EST:
PLC-t.4.(._' d uX a cnLr �j
LOUISE STILSON, CITY CLERK PAT FL;MAYOAPPROVED FOR FORM AND CORRECTNESS: IV PMANAGER
A\
BY: , n, n it
THOMAS 1. . NSBRO, CITY ATTORNEY
16
CONTRACTOR:
CORPORATE SEAL: ByAO-u� )6`a
(IF APPLICABLE) v J SIGNATURE
PRINT NAME
TITLE
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared V�Q_rN VV- \ , as Sa .
and as respectively, of Contractor.
F::ro.nle t.4:vi, C�nS-� , , a Florida Corporation, and acknowledged execution of the foregoing
Agreement for the use and purposes mentioned in it and that the instrument is the act and
. deed of the Contractor.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in
the State and County aforesaid on 0, 200Y..7
�J
otary Public, late of Florida at Large
My Commission Expires: KATHY KERMAN
Notary Public, State of Florida
My Comm.exp.Feb.28,2010
Romm,00.1*6814a
•
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EXHIBIT "A"
CITY OF DANIA BEACH, FLORIDA
PUBLIC CONSTRUCTION BOND
(FRONT PAGE)
CONTRACTOR SURETY
Frank Hill Construction, Inc.
Name Name
267 SW 12`h Street, Dania Beach, FL 33004
Principal Business Address Principal Business Address
954-920-8836
Telephone Fax Telephone Fax
ATTORNEY-IN-FACT OWNER
City of Dania Beach, Florida
Name Name
100 West Dania Beach Blvd.
Address Dania Beach. FL 33331
Address
954-924-3600 954-921-2604
Telephone Fax Telephone Fax
PROJECT (Street Address of project):
Dania Beach Marina Restroom Project
Project Name Project Number
General Description of Project:
•
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• PUBLIC CONSTRUCTION BOND
BY THIS BOND, We , as Principal and
. a corporation, as Surety, are bound to the City of Dania Beach,
Florida, called Owner, in the sum of S , for payment of which we
bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and
severally.
THE CONDITION OF THIS BOND is that if Principal:
I. Performs the contract dated , 200, between Principal and
Owner for construction of , the contract being made a part of
this bond by reference, at the times and in the manner prescribed in the contract; and
2. Promptly makes payments to all claimants, as defined in Section
255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used
directly or indirectly by Principal in the prosecution of the work provided for in the
contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees,
including appellate proceedings, that Owner sustains because of a default by Principal
under the contract; and
• 4. Performs the guarantee of all work and materials furnished under the
contract for the time specified in the contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the contract documents and compliance or
noncompliance with any formalities connected with the contract or the changes does not
affect Surety's obligation under this bond.
DATED ON 200
(Name vJ Principal)
BY:
As Attorney in acp
(Name ol Surely)
•
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