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Home My WebLink AboutR-2002-217 Authorizing the City Manager to Contract for Dredging of the Tarpon Waterway, Marlin Waterway, and Sailfish Waterway RESOLUTION NO. 2002-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR DREDGING OF THE TARPON WATERWAY, MARLIN WATERWAY AND SAILFISH WATERWAY IN AN AMOUNT NOT TO EXCEED $200,000.00, IN ACCORDANCE WITH RESOLUTION NO. 2002-043 OR OTHER GRANTS OR AWARDS ACQUIRED BY THE CITY; WITH THE SOLE PROVIDER, SUBAQUEOUS SERVICES, INC. WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection (J), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase designated services; and WHEREAS, the City Manager has determined that such services can be rendered to the City at the least cost from Subaqueous Services, Inc. in an amount not to exceed $200,000.00 due to a dredging project being performed on the Dania Cut-off Canal; and WHEREAS, the South Florida Water Management District will contribute funding of this project up to $200,000.00, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. Section 1: That the City Manager is hereby authorized to sign a contract between the City of Dania Beach and Subaqueous Services, Inc. for the dredging of Tarpon Waterway, Marlin Waterway and Sailfish Waterway in an amount not to exceed $200,000.00. The City Manager and City Attorney are authorized to make minor revisions to said exhibits as are deemed necessary and proper for the best interests of the City. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. RESOLUTION NO. 2002-217 • PASSED AND ADOPTED THIS• YROBRT CE BE 2 ,�, " HUNN, JR.COMMISSIONER ATT ST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JO S N COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO F RM AND CORRECTNESS: BY: THOIM �Sq �. ANSBRO CITYTORNEY • • RESOLUTION NO. 2002-217 • 9t FLO RI DA i February 25, 2003 Traci Reid Contracts Manager Subaqueous Services, Inc. 4201 Kean Road Fort Lauderdale, FI 33314 Re: Dredging-Dania Beach Cut-off Canal and Fingers (Tarpon, Marlin and Saisfish waterways) Dear Traci: We enclose a fully executed agreement for the above-referenced project and a copy of Resolution No. 2002-217 adopted by the Dania Beach City Commission approving this project • on December 10, 2002. This letter will confirm that we have also received two (2) original "Labor and Material Payment Bonds" from you today and that an original bond has been attached to each original agreement, one for the City and the one enclosed herewith. If you should have any questions regarding this project, please contact Michael Sheridan, Public Works/Utilities Director, at (954) 924-3740 or Bonnie Temchuk, Assistant to the City Manager, at (954) 924-3613. Sincerely, Charlene Jo on, CIVIC City Clerk /cj Enclosures • "Broward's First City 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us Insurance & Bonds, Inc. s February 21, 2003 Subaqueous Services, Inc. Lance Young 4201 Kean Road Ft. Lauderdale, FL 33314 RE: Project of maintenance dredging of a portion of the Dania cut-off canal and three E=u adjacent finger canals (Known as the Tarpon, Marlin and Sailfish waterways) Bond #964 000 654 Dear Lance: Please be advised that either yourselves or the City of Dania Beach has the permission of the surety, Liberty Mutual Insurance Company, to date the above captioned bonds at the time the contract is executed. �f ! t Best R gards, Stone Guff AIS Bond Ad mist for sa[ {sa 1020 N. Orlando Avenue Suite 200 Maitland, FL 32751 Ph: 407.647.1616 Fx: 407.628.1635 x www.hsh'nc.com x � 6 SUBAQUEOUS Services, Inc, February 2-5, 2003 Via► Facsimile 9.54-921-2604 Charlene Johnson CITY OF DANIA BEACH # 100 W. Dania Beach Blvd r' Dania Beach, FL 33004 � RE: Cut-off Canal and Fingers Dear Ms. Johnson: By notice of this letter the City of Dania Beach is hereby authorized to date the signature page (page 37) of the contract documents as February 20, 2003, the date Mr. Lance W. Young signed it. The City of Dania Beach is also authorized to date the performance and payment bonds the same date as the contracts, once all signatures have been obtained. Please forward a copy of the fully executed contract to my attention at your earliest convenience. Should you have any questions, please do not hes fate to call me at the office.number below. Sincerely;- TRACI REID Contracts Manager 4201 Kccan Road ;Fon,!_.quderdale; FL 33314/954 581, 28101 Fail: 954 S$4 4050 FLORIDA February 7, 2003 PR T-71 ' "fy ,T 1 1 2003 Mr. Lance Young, Vice President Subaqueous Services, Inc. 4201 Kern Rd. Ft. Lauderdale, FL 33314 RE: Contract for dredging of Dania Cut-off Canal and Fingers Dear Lance: Enclosed, please find the contract for the dredging of the Dania Cut-off Canal and Fingers. Please call our City Clerk, Charlene Johnson, 954-924-3622 to set up a day and time for you to execute. I look forward to seeing you and am confident that we can execute the contract within the next week. As per our conversation a few weeks ago, I would like to have this project started in April, 2003. As the contract states, Michael Sheridan, Director of Public Works will be the project manager, but I will remain actively involved. I look forward to working with you and am pleased that we have been able to prepare this contract. If you should have any questions, please feel free to call me at 954-924-3613. Sincerely, Bonnie Temchuk Assistant to the City Manager Enc. • "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us i-r DREDGING AGREEMENT THIS AGREEMENT (the "Agreement") is entered into and effective on o , 2003 by and between the CITY OF DANIA BEACH, a Florida municipal corporation ("City"), having an address at 100 W. Dania Beach Blvd., Dania Beach, Florida 33004 and Subaqueous Services, Inc., 4201 Kean Road, Fort Lauderdale, Florida 33314, a Florida corporation ("Contractor"). RECITALS 1. City wishes to retain Contractor to perform maintenance dredging of a portion of the Dania Cut-Off Canal and of certain "finger canals" adjacent to that waterway. 2. Contractor is willing and able to perform such services. NONE', 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 Project, which is the subject of this Agreement. Capitalized terms not defined in the text shall have the meanings ascribed to them in Section 2 of this Agreement. 1.1 Project Description. The "Project" consists of the mobilization of equipment and work forces by Contractor to perform maintenance dredging of a portion of the Dania Cut-Off Canal and adjacent "finger canals" knows as the Tarpon, Marlin and Sailfish Waterways to the depth specified in this Agreement; acquisition of a spoil site, removal of dredged materials, on-site testing services to perform sampling and testing of turbidity and submittals of test reports and, ultimately, demobilization, subject to other conditions specified in this Agreement. oil F:5 6600 1:/Agreements:/DredgingZD Agmnt re Subaqueous Q 1 1.2 Project Representatives. For purposes of this Project. the following shall serve as the Project Representative for each party: City's Project Michael Sheridan, P.E. Phone (954) 924-3740 Representative Director of City's Public No: Works and Utilities Department Contractor's Phone Representative LANCE YOUNG, VICE PRESIDII`rI' No: (954)581-2810 1.3 Services. The Contractor shall complete the Project in accordance with the terms and conditions of this Agreement. The parties acknowledge and agree that notluna in this Agreement shall be construed so as to provide, grant or confer any rights to Contractor, Subconsultants and its Subcontractors, if any with respect to the provision of any other services not expressly set forth in this Agreement. 1.4 Schedule for Performance. The Contractor shall begin and complete the Project pursuant to the schedule set forth in Exhibit "A" to this Agreement (the "Contract Times"). The Contract Times set forth in Exhibit "A" shall commence to run on the thirtieth (30`h) day after the effective date of this Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the effective date of this Agreement. 1.5 Compensation. It is the intent and agreement of the parties that the City shall pay the Contractor for its performance of its obligations under this Agreement a single Contract Sum for the Work. The parties also agree that the total Contract Sum for the Work shall not exceed S400,000.00 (Four hundred thousand dollars). 1.6 Contractor's Proposals. City and Contractor agrees that written proposals submitted by Contractor to City, for both portions of the Work, are accepted. Both proposals, marked "Proposal One" and "Proposal Two", respectively, are attached to this Agreement and incorporated by this reference. In the event of any conflict between the provisions of this Agreement and either or both of the Proposals, the terms of the proposals shall prevail. 2. DEFINITIONS. For the purposes of this Agreement, the following terms are defined: 2.1 "Addendum", "Addenda" and "Amendment" mean any written modification to this Agreement executed by the Contractor and City covering changes, additions, or reductions in the teens of this Agreement. • 2.2 "Attachments" means the written documents attached to this Agreement. F:566001:/Agreements:/Dredging Agn-int re Subaqueous v2 2 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 person designated in Section 1-2, above. 2.6 "Work Documents" means a complete set of drawings and documents that establish and describe the details of the scope and character of the Project. 2.7 "Contract Documents" means this Agreement, the Work Documents, Plans and Specifications, the Proposals identified in Paragraph 1.6, above, and all exhibits and documents related to the foregoing 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 complete execution of this Agreement. 2.8 "Work" means the performance of services to complete the Project required of the Contractor under the terms of this Agreement and the Contract Documents. 2.9 "Contract Sum" means the total not to exceed amount to be paid by the City for the Work. 2.10 "County" means Broward County. 2.11 "Day" or "Days" means a calendar day or days. 2.12 "Contractor" means Subaqueous Services,.Inc. a Florida corporation. 2.13 "Field Office" means the Contractor's field office at the Project Location provided by the Contractor. 2.14 "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 completion and use and delivery of record drawings. 2.15 "Materials" means materials, supplies, apparatus, appliances, equipment, fixtures, machinery, tools and all other items necessary, furnished and delivered in connection with the Project. 2.16 "Notice to Proceed" means written notification by City to the Contractor authorizing commencement of the Work as may be required by this Agreement in the form attached to this Agreement as Exhibit `B" • 2.17 "Project" means the Project described in Paragraph 1.1, above. F:5 6600 1:/Agreements:/Dredging Agmnt re Subaqueous Q 3 2.18 "Project Location" or "Project Site'" means the area where the Project Work is to be performed. 2.19 "Project Representative" means each of the professional persons selected by Cite and the Contractor to act as the parties' respective representatives and to interact with each other. 2.20 "Schedule of Values" means a statement furnished by the Contractor to the City's Project Representative. reflecting the portions of the Contract Sum allocated to the various portions of the Work and used as the basis for reviewing the Contractor's requisition for payment. 2.21 "Subconsultant" means any person or entity approved in advance in writing by City, other than Contractor's own employees, employed or retained by. or under ycontract with Contractor to perform any engineering or other professional services under this Agreement. 2.22 "Subconsultant Contract" means any contract in writing between the Contractor and a Subconsultant. 2.23 "Subcontractor" means any person or entity approved in advance in writing by City, other than the Contractor's own employees, employed or retained by, or under contract with the Contractor to perform any,portion of the Work. 2.24 "Subcontractor Contract" means any contract in writing between the Contractor and a Subcontractor. 2.25 "Substantial Completion" means and includes all Work (exclusive of minor items of unfinished work that do not preclude beneficial use of the waterways). Substantial Completion shall be deemed to have occurred upon the submission of a Certificate of Substantial Completion (in the standard ALA form) to the City by the engineer of record. 3. ADMINISTRATION OF THE CONTRACT 3.1 The City's Project Representative will have the authority to act on behalf of the City to the extent provided in the Contract Documents, unless otherwise modified by written instrument which will be issued to the Contractor. All instructions to the Contractor shall ordinarily be issued through the City's Project Representative, except under special circumstances when instructions may be issued by the City directly. 3.2 City personnel and the City's Project Representative shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access so the City's personnel and the City's Project Representative may perform their functions under the this Agreement. F:566001:/Agreements:/Dredging Agnult re Subaqueous v2 4 3.3 The City's Project Representative will make periodic visits to the site to become familiar generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of on-site observations, the City's Project Representative will keep the City informed of the progress of the Work, and will endeavor to guard the City against defects and deficiencies in the Work of the Contractor. 3.4 The City's Project Representative may take, prepare, and distribute minutes of all Project meetings. Communications by and with any Subcontractors and material suppliers shall be through the Contractor. Communications by and with any City official or staff person should be directed through the City's Project Representative. 3.5 Neither the City nor the City's Project Representative will be responsible for means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, and neither of them will be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 3.6 The City's Project Representative will have the authority to reject Work which does not conform to the Contract Documents and to require special inspection or ® testing, but shall take such action only after consultation with the City. The City's inspectors will have the authority to reject Work which does not conform to the Contract Documents. When the City's Project Representative considers it necessary or advisable to insure the proper implementation of the Contract Documents, the City's Project Representative will have the authority to require special inspection or testing of the Work at Contractor's cost, whether or not such Work is then completed. Neither the City nor 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 Contractor, any Subcontractor or Subconsultant, or 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 Contractor. 3.8 The Contractor shall forward all communications to the City's Project Representative with copies to the City. 3.9 The City will assist the City's Project Representative in conducting inspections to determine the date or dates of Substantial Completion and Final Acceptance, and will receive and review written guarantees and related documents required F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 5 by this Agreement. The City's Project Representative will initially approve Project Payment Certificates before they are finally approved and issued by City. 3.10 Neither the City's Project Representative nor the Cite wilt be responsible for the acts or omissions of the Contractor, any Subcontractors or Subconsultants, or anv of their agents or employees, or any other persons performing any of the '\Fork. 3.11 In the absence of the City's designated Project Representative, the City may appoint a Citv's Project Representative whose status under the Contract Documents shall be that of the former City's Project Representative. 4. GENERAL RESPONSIBILITIES. 4.1 Overall 4.1.1 The Contractor agrees that all documents prepared or furnished in connection with the Work, including, without limitation, all plans and specifications, shall comply with all applicable laws, statutes, codes, rules and regulations including, without limitation, those adopted by the City and all Environmental Laws as defined in Section 20.4. • 4.1.2 The Contractor agrees that the Work under this Agreement shall be performed in conformance with the standards of care and quality adopted or accepted by nationally recognized engineering organizations, and other applicable professional organizations for similar applications and in accordance with all applicable requirements of all County, state and federal codes, laws and regulations. Any designs, drawings, or specifications prepared or furnished by the Contractor that fail to meet such requirements or otherwise are defective or contain errors, conflicts or omissions, will be promptly corrected by the Contractor at no cost to City. The Contractor 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. City's approval, acceptance, use of, or payment for all or any part of the Work shall in no way alter the Contractor's obligations with respect to the completion of the Project or City's rights under this Agreement. 4.1.3 The Contractor shall be fully responsible for coordinating all the Work required under this Agreement regardless of whether performed by its own employees or a Subconsultant or Subcontractor so as to insure that the services required are performed in an efficient, timely and economical manner. The Contractor shall be responsible to City for the services furnished to the Contractor by a Subconsultant or Subcontractor to the same extent as if the Contractor had furnished the service itself. The Contractor shall require in such Contracts that the Subconsultant or Subcontractor be bound to and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by this Agreement, assumes toward City. Failure by a F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 6 Subconsultant or Subcontractor to comply with all of the Contractor's obligations and responsibilities set forth in this Agreement shall be a material breach of the Subconsultant's or Subcontractor's Contract. The Contractor 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 Contractor shall not specify in the plans and specifications a particular design, process or product that infringes upon any copyright or patent. The Contractor shall indemnify and hold City, its officers and employees harmless to the extent specified in Section 12.1 of this Contract if the Contractor violates the requirements of this Section 4.1.4. 4.1.5 The Contractor shall provide, furnish and install (as applicable) all Materials and all Work except to the extent, if any, specifically indicated in the Contract Documents to be furnished by or the responsibility of others. 4.1.6 The Contractor agrees and represents that it possesses the requisite skills to perform the Work and that the Work shall be executed in a good and workmanlike manner, free from defects, and that all Materials shall be new and approved by or acceptable to City, except as otherwise expressly provided for in the Contract Documents. The Contractor shall cause all Materials and other parts of the Work to be readily available as and when required or needed for or in connection with the • completion of the Project. 4.1.7 The Contractor shall provide competent supervision of all phases of the Work. The Contractor's Project Representative is identified in Section 1.2. Any change in the Contractor's Project Representative must be approved by City, such approval not to be unreasonably withheld. The Contractor's Project Representative shall represent the Contractor and communications given to the Project Representative shall be as binding as if given to the Contractor. 4.1.8 Neither City nor the City's Project Representative makes any warranties to the Contractor, express or implied, that the Contract Documents are free of errors or omissions. Rather, the Contractor shall carefully study and compare Contract Documents with each other, with information furnished by City, and shall carefully inspect and verify field conditions, and shall at once report to the City all errors, inconsistencies or'omissions discovered. The Contractor shall not be liable for damages resulting from errors, inconsistencies or omissions in the information provided by the City, if any, unless Contractor should have reasonably recognized an error, inconsistency or omission or knowingly failed to report it to the City. If the Contractor proceeds with the design and performs any Work activity knowing it involves a recognized error, inconsistency or omission without such notice, the Contractor 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. F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 7 The Contract Documents are complementary, and what is required by any one shall be • as binding as if required by all. 4.1.9 If conditions are encountered at the Project site, which are (1) subsurface or otherwise concealed physical conditions which differ substantially and 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 Zenerally recognized as inherent in construction activities of the character provided for in the Contract Documents, then written notice by the Contractor shall be given to City promptly before such conditions are disturbed. If the conditions differ substantially and materially from those indicated in the Contract Documents and were not known to the Contractor at the time this Agreement was executed, and are expected to cause a material increase or decrease in the Contractor's cost of, or time required for, performance of any part of the \York, an equitable adjustment in the Contract Time may be made with the written approval of City. 4.1.10 The Contractor shall prepare or cause to be prepared, as part of the Work, all shop drawings; samples, submittals and detail drawings not made a part of the plans and specifications. All such drawings shall be submitted to the City's Project Representative. Although the City's Project Representative will review such drawings, the City's Project Representative shall not be responsible to the Contractor for any failure of the drawings to comply with the Contract Documents or any governing codes, laws or ordinances. The Contractor shall maintain copies of all drawings at the Project ®' Site 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 Contractor shall submit a Schedule of Submittals to the City's Project Representative for approval. The Schedule of Submittals shall indicate the Contractor's proposed submittal dates for all drawings and other submittals required by the Contract documents. Submittal dates shall be established so as not to delay any aspect of the Work and to allow for sufficient review of submittals by the City's Project Representative. At the intervals established on the approved submittal schedule, the Contractor shall submit two (2) copies of all drawings to the City's Project Representative. The drawings shall be carefully checked in every respect and signed by the Contractor before submitting them to the City's Project Representative. The City and the City's Project Representative shall utilize the drawings and other submittals for their observation and inspection of the Work, the Contractor being responsible for all dimensions, quantities, etc., necessary to make the Work complete in compliance with the plans and specifications. 4.1.12 The Contractor shall maintain one record set of Contract Documents in good order and marked currently to record all changes made during construction and an accurate location of all portions of the Work sufficient to prepare accurate as-completed F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 8 Work documents. These shall be delivered to the City's Project Representative upon Final Completion of the Work for review and incorporation into the record set of documents. 4.1.13 The Contractor shall deliver to the City's Project Representative, if applicable, 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 equipment, if any, delivered as part of the Work. 4.1.14 Required certificates of inspection, testing or approval shall be obtained by the Contractor and promptly delivered to City's Project Representative. If City or the City Project Representative desire to observe the inspections, tests or approvals required by the Contract Documents, City shall notify the Contractor of that desire, and the Contractor shall notify the City and the City's Project Representative of the dates and times of the inspections, tests or other approvals. 4.1.15 The Contractor shall pay all sales, consumer, use and other similar taxes for the `Fork or portions of each that are legally required at any time during the Contractor's performance of the Work. 4.1.16 The Contractor shall pay all royalties and license fees that are legally ®' required at any time during the Contractor's performance of the Work. The Contractor shall defend all suits or claims for infringement of any patent 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 by City, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent or copyright, the Contractor shall be responsible for such loss, liability or expense unless the Contractor promptly gives such information in writing to City and the City's Project Representative. 4.1.17 The Contractor and any Subconsultants or Subcontractors shall use their best efforts to cooperate with the City during the period of performance of the Project Work in order to minimize disruption of services delivered by City to its residents, businesses and the public. 4.2 Schedule, Cost Breakdown and Contractor's Team List 4.2.1 The Contractor shall develop and submit, in a digital format, acceptable to the City, a detailed description or its construction schedule for the Work, a detailed cost breakdown (Schedule of Values), and a list of Contractor's team members. F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 9 4.2.2 The construction schedule shall indicate all of the Contractor's Work activities necessary for the completion of the Work 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 between the City's Project Representative and Contractor) to reflect actual progress and changing conditions, if any, encountered during the Work. 4.2.4 The construction schedule shall be related to each of the two portions of the Project (i.e., dredging of Cut-Off Canal and the finger canals, respectively). 4.2.5 The constriction schedule shall coincide with the time limits stipulated by the Contract Documents and beginning with the Notice to Proceed (NTP), if one is issued authorizing the Contractor's commencement of Work. 4.2.6 The Schedule of Values shall serve as the basis for the Contractor's applications for payment. • 4.2.7 If applicable, Contractor shall prepare a Subcontractors' list, which shall be based upon and include names of all Subcontractors. Changes to the list of Subcontractors shall only be made with the approval of the City s Project Representative. 5. DESIGN SERVICES. 5.1 Basic Services. 5.1.1 The Contractor shall provide or cause to be provided those services, including, without limitation, 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 Contractor 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 Contractor's obligations in this respect. 5.1.2 If not already completed, the design services, if necessary to • perform the Project Work, 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. F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 10 Time is of the essence with respect to the performance of the such services. The Contractor shall not, except for cause beyond the reasonable control of the Contractor, 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 Contractor within five (5) calendar days after the Contractor knew or should have known of the occurrence upon which the Contractor's request for adjustment is based. 5.1.3 The Contractor shall be responsible for preparing and filing the documents required for approval of governmental and governing authorities having jurisdiction over the Project to ensure that final approval and permits for the performance of the Work will be obtainable prior to Work Commencement. Such documents shall be submitted to City's Project Representative for review and approval prior to filing with such authorities. The Contractor shall coordinate with permitting agencies and shall participate in meetings with appropriate agencies and respond to and incorporate appropriate preliminary and final permit review comments. 5.1.4 The Contractor shall procure surveys if and as required describing physical characteristics, legal limitations and utility locations for the Project Location. The surveys may include, as applicable, grades and lines of waterways, restrictions, easements, encroachments, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing improvements located in the waterways, other improvements and information concerning available utility services Sand lines, both public and private, above and below the water. All the information on the survey shall be referenced to a Project benchmark. 5.1.5 The Contractor 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 Contractor's own staff or Subconsultants approved as part of the Contractor'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 Contractor shall furnish to City's Project Representative for review and approval, a description of key personnel to be used on the Project. Such description shall include a current resume of academic training and professional experience. Contractor represents to the best of its knowledge that the descriptions and resumes submitted to City pursuant to this Agreement shall be true in all material respects. The Contractor shall not substitute any personnel without City's prior written consent. Before any such substitution, Contractor shall submit to City a detailed justification supported by the qualifications of any proposed replacement. 5.1.7 The Contractor shall verify existing site conditions and conduct field investigations, as reasonably necessary to assure all documentation is accurate. F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 11 The Contractor shall provide logs of field investigations to the City's Project ® Representative on a bi-week]}' basis for review. Field verification logs shall consist of names of field investigators, date, time, area, findings, issues and results. The Contractor'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 The `York. 5.2.1 The Contractor shall be responsible for coordinating with the City's Project Representative in order to prepare and file the documents required for the approval of governmental authorities having jurisdiction over the Project. 5.2.2 Throughout the course of the Work, the Contractor shall maintain an up-to-date set of plans and specifications and reproducible drawings, which show and describe all clarifications, addenda, substitutions and approved Change Orders. Upon Final Completion. the Contractor shall provide the City's Project Representative with a set of record dra%vings and electronic files, as directed by the City's Project Representative, showing the completed Project (incorporating data concerning finished 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. 5.2.3 During the Work the Contractor shall reasonably cooperate with, and respond to, any reasonable requests or requirements of the City's Project Representative. 6. CITY PROJECT REPRESENTATIVE'S RESPONSIBILITIES 6.1 The parties acknowledge and agree that the City has assigned 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 Contractor except as expressly set forth in this Agreement. 6.2 The Project Representative shall at all times have access to the Project Location and the Work wherever it is in preparation or progress. 6.3 If requested by City, the City Project Representative shall prepare proposed Change Orders with supporting detailed cost documentation and data for City's approval and execution in accordance with the Contract Documents. If requested by City, the Project Representative shall evaluate the detailed cost estimate and scope of the Contractor's proposals with respect to proposed Change Orders and substitutions proposed by a Contractor and make recommendations to City. The Project Representative has no authority to authorize changes in the Contract Documents of any kind or to modify any deadlines for completion of Work specified in the Contract Documents. F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 12 7. TIME FOR PERFORMANCE OF WORK. ® 7.1 The Contractor shall commence performance of the Work and shall diligently proceed with the performance of the Work to completion, and agrees to complete the performance of the entire Work within the number of calendar days shown on Exhibit "A" (the "Contract Times") following Contractor's receipt of the applicable Notice to Proceed or as otherwise provided above for Work commencement. If the Contractor is delayed in the performance of the Work by fire or unavoidable casualties not the fault of the Contractor or other causes beyond the Contractor's control, then the "Substantial Completion Date" (defined as the date occurring within the number of days equal to the Contract Time after Contractor's receipt of the applicable Notice to Proceed or required time for commencement), shall be extended for a period equal to the length of such delay to the extent that such delay impacts an activity of the Contractor that is a critical activity and only if within ten (10) calendar days after the Contractor knows or should have known of any such delay the Contractor delivers to the City's Project Representative, a written request for extension for such delay, and such request is approved by the City's Project Representative, which approval shall not be unreasonable withheld by the City's Project Representative. In case of a continuing cause of delay of a particular nature, the Contractor shall be required to make only one such request. 7.2 The applicable Substantial Completion Date and the applicable Contract Time take into full consideration the effect of inclement weather during the Work period and such effect on both cost and time for completing the Work is accounted for in the Contract Sum, and the Substantial Completion Date (as defined in Section 7.1). The Substantial Completion Date incorporates the Contractor's expectation that it will experience a number of working days of weather delay during construction of the Project. An extension of a Contract Time for weather delays may be 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). The Contractor shall provide City with written notice of all delays claimed due to weather, and such written notice shall identify the critical Work activity(ies) affected and shall be delivered within five (5) days of the delay. City shall determine whether extension of the Contract Time is justified. Extension of time shall be the Contractor's sole remedy for any such delay. 7.3 Delays that affect those activities not determined by City to be critical shall not be considered for a Contract Time extension unless the delay shall have been caused by acts constituting intentional interference by City or the City's Project Representative, which shall include, but not be limited to, the failure of the City's Project Representative to timely respond to approval requests of the Contractor's Project Representative about the Contractor's performance of the Work, and then, only to the extent that such acts continue after the Contractor has provided written notice to City of such interference. City's exercise of any of its rights under Section 7, regardless of the extent or number of such changes, or City's exercise of any of its remedies of suspension of the Work, or requirement of correction or replacement of any defective F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 13 Work, or its strict adherence to the Contract Documents shall not under any • circumstances be construed as intentional interference with the Contractor's performance of the Work. 7.4 Substantial Completion 7.4.1 When the Contractor considers that the Work, or a portion of it which the City's Project Representative agrees to accept separately, is substantially complete the Contractor shall prepare and submit to the City's Project Representative a Certificate of Substantial Completion (in the standard ALA form) along with a comprehensive list of items to be completed or corrected. The Contractor shall proceed promptly to complete and correct items on the list. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 7.4.2 Project closeout submittals required by the Contract documents for the Work, or any portion of it, shall be submitted by the Contractor at the time of the request for the City's Project Representative inspection. The City's Project Representative will review Project closeout submittals with the City for content, accuracy, and format. If the City's Project Representative disapproves or rejects any Project closeout submittal, it shall be returned to the Contractor for correction and modification. The Contractor shall then submit the revised and corrected Project closeout submittals to the City's Project Representative for review and approval. The Contractor shall continue to revise and resubmit Project closeout submittals until all required submittals have been accepted by the City's Project Representative. The City's Project Representative will forward approved Project closeout submittals to the City prior to the Final Completion. Corrections or modifications of Project closeout submittals shall not be used as justification for a time extension. 7.4.3 Upon receipt of the Contractor's Request for Substantial Completion Inspection, the City's Project Representative will make a preliminary inspection to determine whether the Work or the designated portion of it 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 Contractor's list, which is not in accordance with the requirements of the Contract Documents and which would preclude beneficial occupancy and would render the Work not Substantially Complete, the Contractor shall correct such item upon receipt of a list provided to it by the City's Project Representative. The Contractor shall then submit another request for inspection by the City's Project Representative to determine the completion status of the Work or designated portion of it. • 7.5 The City's Project Representative may direct the Contractor to expedite the Work by whatever means the Contractor may use, including, without limitation, F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 14 increasing manpower or directing of the working of overtime to bring the Work back within the then currently submitted and approved Progress Schedule. 7.6 Delays and Damages 7.6.1 If the Contractor shall neglect, fail, or refuse to complete the Work by the Substantial Completion Date, subject to any proper extension granted by City, then the Contractor agrees to pay to City, or to cause the Contractor's surety to pay to City, S200.00 (Two hundred dollars) per day, 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 Contractor shall have failed to complete the Work by the Substantial Completion Date. The amounts are fixed and agreed upon by and between the Contractor and City because of the difficulty of fixing and ascertaining the actual damages City would in such event sustain, and the amount is agreed to be the amount of damages that City would sustain. The amount may be retained by City from periodic pay estimates or from retainage, but if the amount owing or retained is insufficient to fully pay City Liquidated Damages, the Contractor agrees to pay, or cause the Contractor's surety to pay, the insufficiency to City. 7.6.2 The Contract shall not be terminated nor the Contractor charged with liquidated damages because of any delays due to unforeseeable causes beyond the fault or negligence of the Contractor, including, but not restricted to acts of God, acts of Government, acts of the City, fires, floods, epidemics, strikes with which the Contractor has no direct connections, and unusually severe weather (does not include normal average number of days of rain which occur within the period of the Contract time limit). The Contractor shall, within ten (10) days from the beginning of such delay, notify the City 's Project Representative in writing of the causes of delay. 7.6.3 The Contractor shall take into account all contingent work, if any, which has to be done by other parties, arising from any cause whatsoever, and shall not plead want of knowledge of such contingent work as an excuse for delay in Work, or for the nonperformance of Work. 7.6.4 No damages, including costs for additional home office expenses and extended job overhead, shall accrue to the Contractor for delay. Provisions of this Contract concerning delays shall provide solely for extensions of time for the acceptance of the Project. F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 15 8. CHANGE ORDERS. 8.1 From time to time. the City's Project Representative may authorize changes in the Work, issue additional instructions, or direct the omission of Work previously authorized. Only those changes in the Work that are approved on a Change Order in the form of Exhibit "C" and executed by an authorized representative of City ("Change Order"), shall be binding on City. 8.2 The City's Project Representative may order changes in the Work by initiating a change order request ("Change Order Request"). setting forth in detail the nature of the requested change. Upon receipt of a Change Order Request, the Contractor shall prepare a statement setting forth in detail, with a suitable detailed breakdown by trades and work classifications with respect to a change in the scope of the Work and a detailed breakdown of the time and expenses related to the change, the Contractor's estimate (the "Contractor's Estimate'') of the changes in the Contract Sum attributable to the changes set forth in such Change Order Request and proposed adjustments, if any, to the Substantial Completion Date resulting from such Change Order Request. If the City and the Contractor agree in writing on a cost ("Agreed Cost"), a Change Order shall be processed by the City and the City's Project Representative and delivered to the Contractor for signature. Contractor shall not commence changes in the «'ork 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 of the Work and payment for it pursuant to the terms of this Agreement and such Change Order. Work provided by unit price may be increased or decreased in quantity as directed by City approval, provided that the basis for adjustment of the Contract Sum shall be the unit prices agreed upon by the City upon the date of this Agreement. 8.3 In the event the City's Project Representative and the Contractor cannot agree on any adjustment in the Contract Sum, extensions to the Contract Time, or adjustment to the Substantial Completion Date, the Contractor shall nevertheless proceed to perform the Work required by City's Change Order Request upon receipt of City's written Notice to Proceed. The Contractor shall keep separate records of all costs and time required to perform the Work required by the Change Order Request, and an equitable adjustment will be made upon agreement between the Contractor and the City. The Contractor shall submit its time and material costs that accrue as a result of the Change Order Request on a weekly basis. If the City's Project Representative does not approve such submittals within seven (7) days following submission, the Contractor may cease the work related to such Change Order Request until the parties agree upon the terms and conditions of such Change Order Request. 8.4 In the event that changes in the Work are required on an emergency basis in order to protect the health and safety of the public, the Contractor shall proceed at the written direction of the City's Project Representative without a written Change Order from City. The Contractor shall keep separate records of all costs and time required to F:566001:/Agreements:/Dredging Agnmt re Subaqueous v2 16 perform the Work. After review and approval by the City's Project Representative, the Contractor shall invoice City based on a time and materials basis. In the event that the Work can be stopped without any further harm to the public but additional Work is necessary, the Contractor shall deliver the Contractor's Estimate to the City's Project Representative as soon as practical and the requirements of Sections 8.2 or 8.; as applicable shall be met before the Contractor resumes the changes to the Work. 8.5 It is understood and agreed that refinement and detailing may 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, (b) the Contractor advises the City's Project Representative in writing within seven (7) calendar days of the Contractor's receipt of the refinements and details that an adjustment is required; and (c) the City's Project Representative agrees to the adjustment. 8.6 Should the Contractor or any 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 Documents and no future claim for such extras will be considered or allowed by the City. 9. PAYMENTS. • 9.1 In full consideration of the full and complete performance of the Work and all other obligations of the Contractor; City shall pay to the Contractor the Contract Sum for the Work, subject to additions and deductions as provided in this Agreement. 9.2 On or before the first day of each month during the performance of the Work, or such other day of the month agreed to by the parties, the Contractor shall submit to the City's Project Representative for its approval an original Request for Payment in the form attached as Exhibit "D". Submission of any original certificates, waivers of liens and claims, or other documents required in this Agreement to be submitted, is a condition precedent to City's obligation to pay Contractor. Fifteen (15) days prior to the first Request for Payment, the Contractor shall prepare, and submit to the City's Project Representative for its approval a schedule of values allocating the various portions of the Work (the "Schedule of Values"). The Schedule of Values approved by the City's Project Representative shall be used as a basis for reviewing the Contractor's Request for Payment. The Request for Payment shall show a complete breakdown of(a) the.Cost of the Work 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, and (d) 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 (1) the l F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 17 Work has progressed to the point indicated, (ii) the quality of the Work is in accordance • ,,vith the Plans and Specifications, and (iii) all monies previously paid 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 9.5 below and minus amounts, if any, for which City has witliheld funds pursuant to its rights under any portion of the Contract Documents. Inadequately supported charges are subject to disallowance, however, City will make payments of the balance of the Request for Payment when such amounts are approved. 9.3 The City and the City Project Representative shall review each such Request for Payment and may make such exceptions as the City reasonably deems necessary or appropriate under the state of circumstances then existing. In no event shall City be required to make payment for items to which City reasonably takes exception. 9.4 City shall make payment to the Contractor in the amount approved, subject to the provisions of Section 9.2. The payment of any Request for Payment by City, including the Final Request, does not constitute approval or acceptance by City of any item of the Work in such Request for Payment, nor shall it be construed as a waiver of any of City's rights under this Agreement or at law or in equity. 9.5 The Contractor agrees that ten percent (10%) of the amount due for Work as set forth in each Request for Payment where such Work is performed under a Subconsultant Contract or Subcontractor Contract that authorizes Contractor to hold retainage shall be retained by City until Final Payment (as defined in Section 9.6). For portions of the Work where the Contractor pays one hundred percent (100%) of labor and agreed upon burden or an invoice from a Subcontractor, Subconsultant, vendor, materialmen, or supplier, such retainage shall not be required. The foregoing shall not apply to Work performed by Contractor, however, for such Work ten percent (10%) of each Request for Payment shall be retained by the City until Final Payment. If the Contractor has furnished Bonds in accordance with Section 13.1, and the Contractor is performing satisfactorily when the Contractor obtains and delivers to the City evidence of substantial conflicts, City may elect to reduce the amount retained. All requests for retainage reductions must be made in writing prior to invoicing for same. City may, but shall not be obligated to, request consent of the Contractor's surety to such reduction. The Contractor may also apply for a release of retainage for Subcontractors, vendors, materialmen, and suppliers for portions of the Work that have been one hundred percent (100%) complete for thirty (30) days or more. In this case, the City has no obligation to release such retainage but may do so in its sole and absolute discretion. However, the Contractor shall remain liable for Subcontractor work and for any unpaid laborers, vendors, materialmen, suppliers or Subcontractors in the event it is later discovered that Work is deficient or that any laborers, vendors, materialmen, suppliers, or Subconsultants or Subcontractors did not receive payments due them on the Project. F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 18 9.6 Within thirty (30) days after Final Completion of the Work and acceptance by City or as soon thereafter as possible, the Contractor shall submit a final request for payment ("Final Request"), which shall set forth all amounts due and remaining unpaid to the Contractor (including the unpaid portion of the retainage) and upon approval by the City's Project Representative, City shall pay to the Contractor the amount due under such Final Request ("Final Payment") within thirty (30) days of the satisfaction of requirements for Final Payment as set forth in Section 9.7 below. 9.7 The Final Request shall not be made until the Contractor delivers to the City complete original releases of all liens and claims signed by all Subconsultants, Subcontractors, materialmen, suppliers, and vendors on the form Certificate of Subcontractor & Final Waiver of Liens and Claims attached as Exhibit "E" and an affidavit that so far as the Contractor has knowledge or information, the releases include and cover all Materials and Work for which a lien or claim could be filed. The Contractor may, if any Subconsultant, Subcontractor, materialman, supplier or vendor refuses to furnish .the required Final Waiver of Lien, furnish a bond satisfactory to City's Project Representative to hold harmless, defend and indemnify City and any other property owner, person or entity who or which City may be required to indemnify against any lien or claim. In addition, and as a condition precedent to City's obligations to make Final Payment, the Contractor shall execute and deliver to the City's Project Representative (a) a Certificate of Contractor & Final Waiver of Liens and Claims of the Contractor on the form attached as Exhibit "F" 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 Pavment 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 Subconsultants, Subcontractors, materialmen, suppliers and vendors, as well as the documents set forth in subsections (a) and (b) above, the City shall pay the Contractor the remaining amounts in the Final Request for items (i), (ii), and (iii) above. 9.8 Any provision of this Agreement to the contrary notwithstanding, City shall not be obligated to make full payment to the Contractor if any one or more of the following conditions exists: a. the Contractor is in default of any of its obligations under any of the Contract Documents or is in default of any other obligation owed by Contractor to City under this Agreement or any other agreement or transaction between the Contractor and City in connection with the Project; or F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 19 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 Subconsultant, 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 detennined by City to be sufficient to so complete the Work. 10. SUBCONTRACTORS AND SUBCONSULTANTS. 10.1 The Contractor shall not contract with any Subcontractor, Subconsultant, materialman, vendor, or supplier to whom or to which the City's Project Representative has made reasonable objection or with whom or with which the City could not lawfully enter into a contract. 10.2 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 Contractor shall provide or cause to be provided insurance as approved by the City as set forth in Contractor's Proposals One and Two. The cost of such insurance is included in the Contract Sum. The failure of the Contractor to provide and continuously maintain such insurance in effect shall be considered a material breach of this Agreement. Insurance purchased by the Contractor shall be purchased from carvers acceptable to City. 11.2 Contractor shall maintain the coverages for insurance and thereafter during any and every period when Contractor and any of its Subconsultants and Subcontractors are performing any Work or furnishing any services pursuant to the Contract Documents. Upon execution of this Agreement, Contractor shall provide or cause to be provided certificates for Workers' Compensation insurance and all the other specified insurance coverages. F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 20 12. INDEMNITY. • 12.1 Contractor shall indemnify- and hold harmless City and the City's Project } } � Representative, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor 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 Contractor 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 Contractor under this Agreement may be retained by City or the City's Project Representative until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. 12.3 To the extent this indemnification clause does not comply with Chapter 725, Florida Statutes, this provision and all aspects of the Contract Documents shall be interpreted as the parties' intention for the indemnification provisions and Contract Documents to comply with Chapter 725, Florida Statutes, as it may be amended from time to time. 13. BONDS. 13.1 Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain or cause to be obtained and thereafter at all times during the performance of the Work maintain a Public Construction Bond as specified in the statute mentioned above or a separate Performance Bond (in form as depicted in Exhibit "G", attached) and a Labor and Material Payment Bond (in form as depicted in Exhibit "H", attached) for the 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, Contractor shall record all bonds required by the Agreement in the Public Records of Broward County. 13.2 Prior to performing any portion of the Work, the Contractor shall deliver to City the Bonds required to be provided by Contractor as set forth in Section 13.1. • F:566001:/Agreements:/Dredging Agnmt re Subaqueous Q 21 14. INDEPENDENT CONTRACTOR. In performing its obligations under this Agreement, the Contractor shall be deemed an independent Contractor and not an agent or employee of City. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Agreement, unless the Contract Documents give other specific instructions concerning these matters. 15. INSPECTIONS AND AUDIT. 15.1 The Contractor represents that it has inspected the Project Location and is satisfied as to its condition and that the Contract Sum is just and reasonable compensation for all Work, including all foreseen or foreseeable risks, hazards, and difficulties in connection with such Work. 15.2 City and the City's Project Representative at all times shall have access to the Work for inspection, but shall not be obligated to conduct any such inspection other than as required by law. The Contractor shall provide proper and safe facilities for such access and inspection by City and the City's Project Representative. If any part of the Work is required to be inspected or approved by any public authority, the Contractor shall cause such inspection or approval to be performed. 15.3 No inspection performed or failed to be performed by City. the City's Project Representative, or both shall be a waiver of anv of the Contractor's obligations or be construed as an approval or acceptance by City of the Work or any part of it. 15.4 To ascertain if the Work as detailed under this Agreement has been performed, City shall have access to the Work and the right to audit all of the Contractor's major Subcontractors' and major Subconsultants' books, records, correspondence, instructions, drawings, receipts, payment records, vouchers and memoranda relating to the Work, and the Contractor 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 Contractor further grants to City the authority to enter its premises for the purpose of inspection of such records and supporting documentation or, at the Contractor's option, Contractor may make such records and supporting documentation available to City at a location satisfactory to the City. 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 Work. 15.5 Although the Contractor and the other parties are required to maintain records, as set forth in Section 15.4, for a period of six (6) years from the date of Final Payment under this Agreement, City will audit Contractor's and the other parties' records for purpose of adjustment to Contractor's payments under this Agreement, if at all, within three (3) years after Final Payment under this Agreement. F:566001:/Agreements:/Dredging Agnmt re Subaqueous Q ?� 16. AS-COMPLETED PLANS AND SPECIFICATIONS. Concurrent with the • Final Request for Payment, the Contractor shall furnish final as-completed 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 completed Work. Such plans and specifications and surveys shall be prepared by, as applicable, a licensed architect, engineer or surveyor who shall certify that the Work is completed entirely upon the Project Location and within the Work restriction lines, if any, and does not encroach upon any easement or property of others. 17. NO LIENS. 17.1 Contractor acknowledges and agrees that the Project Location is to be excluded from the definition of"real property" upon which liens may be placed as set forth in Section 713.01(24), Florida Statutes. Contractor further acknowledges and agrees that the Work to be performed shall comply with the requirements of Section 255.05, Florida Statues, including but not limited to, the provision of Bonds and payment of claims. The Contractor waives, releases, and relinquishes any right to claim or file a mechanic's or materialmen's lien against the Work or any portion of it and the Project Location including, but not limited to, any rights the Contractor may have under Chapter 713, Florida Statutes. This waiver and relinquishment of Contractor's rights to claim a mechanic's lien is made for good and valuable consideration and in recognition that City would not enter into this Agreement without such waiver and relinquishment. The Contractor shall include a provision substantially similar to this Section 17.1 in each of its Subcontractor and Subconsultant Contracts and purchase orders, requiring Subcontractors, Subconsultants, materialmen, vendors and suppliers to waive any claim or entitlement to a mechanic's or materialmen's lien on or against the Project Location and to look solely to the credit of the Contractor or its surety for payment of any sums due on the Project. 17.2 The Contractor shall not voluntarily permit any laborer's, materialmen's, mechanic's, or other similar lien to be filed or otherwise imposed on any part of the Work or any City property. If any laborer's, materialmen's, mechanic's, or other similar lien or claim is filed and if the Contractor does not cause such lien to be 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 Contractor under this Agreement. If any such lien is filed or otherwise imposed, at the request of City, the Contractor shall cause such lien to be released and otherwise discharged. The Contractor indemnifies and holds harmless City from all claims, losses, demands, causes of action, and expenses including attorneys' fees, or suits of whatever nature arising out of any such lien. 18. TITLE TO WORK. Immediately upon delivery and payment by the City to Contractor or supplier, as applicable, of Materials to the Project Location or the performance of any part of the Work, as between the Contractor and City, title to them shall vest in City; provided, however, the vesting of such title shall not impose any F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 23 obligations on City or relieve the Contractor from any of its obligations under this Agreement. 19. FORK IN PROGRESS. The Contractor- shall protect and prevent damage to all phases of the Work, and any existing facilities or improvements, including but not limited to protection from damage by the elements, theft, or vandalism. During the course of the Work, the Contractor shall remain responsible for the risk of loss of the Work and shall promptly remedy, repair and replace all damage and loss (other than damage or loss insured under insurance required by the Contract Documents) to the Work caused in whole or in part by the Contractor, a Subconsultant, a Subcontractor, or anyone directly or indirectly employed or controlled by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible, except to the extent such damage or loss is attributable to the negligence of the City or anyone directly or indirectly employed by the City, or by anyone for whose acts the City may be liable, and not attributable to the fault or negligence of the Design Builder. 20. HAZARDOUS SUBSTANCES. 20.1 The Contractor agrees that it shall not transport to, use; generate, store, dispose of, or install at the Project Location any Hazardous Substance, as defined in Section 20.4, except in accordance with applicable Environmental Laws, as defined below in Section 20.4. Further, in performing the Work, the Contractor shall not cause anv release of hazardous substances into, or contamination of, the environment, including the soil, the atmosphere, any watercourse or ground water, except in accordance with applicable Environmental Laws. In the event the Contractor engages in any of the activities prohibited in this Section 20.1, to the fullest extent permitted by law, the Contractor indemnifies and holds harmless City and its officers, agents and employees to the extent specified in Section 12.1, above from and against claims, damages, losses, causes of action, suits and liabilities arising out of, incidental to or resulting from the activities prohibited in this Section 20.1 (collectively "Environmental Claims"); provided, however, the Contractor shall not be responsible for any Environmental Claims arising from Hazardous Substances existing at the Project Location as of the date of this Agreement except to the extent the Environmental Claims result from the acts or omissions of Contractor or Contractor's failure to comply with the requirements of Sections 20.1 and 20.2. "20.2 In the event the Contractor encounters on the Project Location any Hazardous Substance, or what the Contractor reasonably believes to be a Hazardous Substance, and which is being introduced to the Work, or exists on a Project Location, in a manner violative of any applicable Environmental Laws, the Contractor shall immediately stop Work in the area affected and report the condition to the City's Project Representative in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of the City's Project Representative if a Hazardous Substance has been encountered and has not been rendered harmless. In the event the Contractor fails to stop the Work upon encountering a Hazardous Substance at the Project, to the fullest extent permitted by law, the Contractor indemnifies and holds F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 24 harmless City and its officers, agents and employees from and against all claims, damages, losses, causes of action, suits and liabilities to the extent specified in Section 12.1 above, which arise out of, are incidental to, or resulting from the Contractor's failure to stop the Work. 20.3 An extension of time plus payment of reasonable itemized general conditions including demobilization costs shall be the Contractor's sole remedy for any delay arising out of the encountering or rendering harmless of any Hazardous Substance at a Project Location. City and the Contractor may enter into an agreement for the Contractor to remediate or render harmless the Hazardous Substance, but the Contractor shall not be required to remediate or render harmless the Hazardous Substance absent such agreement. Contractor shall not be required to resume Work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated or rendered harmless. 20.4 For purposes of this Agreement, the term "Hazardous Substance" shall mean and include, but shall not be limited to, any element, constituent, chemical, substance, compound, or mixture, defined in or included under or regulated by any local, state, or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act ("RCRA"), the Toxic Substances Control Act ("TSCA"), the Clean Water Act ("CWA"), the Clean Air Act ("CAA''), and the Marine Protection Research and Sanctuaries Act ("MPRSA"), the Occupational Safety and Health Act ("OSHA"), the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), Chapters 161, 253, 373, 376 and 403, Florida Statutes, the rules and regulations of the Florida Department of Environmental Protection, or other state superlien or environmental clean-up or disclosure statutes 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 Contractor's responsibility to comply with this Section 20 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 21. COMPLIANCE WITH LAWS. 21.1 The Contractor shall notify the City's Project Representative in writing of all conflicts between the Contract Documents and any laws, ordinances, rules, regulations and restrictions that come to the attention of the Contractor or should have come to the Contractor's attention with the exercise of due care. If the Contractor performs any of the Work knowing, or when with the exercise of due care the Contractor should have known, it to be contrary to any such laws, ordinances, rules, regulations or restrictions and fails to give the City's Project Representative written notice thereof prior to performance, the Contractor shall bear all related costs, liabilities, • and expenses arising from such noncompliance including reasonable attorney fees and costs. F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 25 • 21.2 The Contractor, at its sole cost, shall obtain all necessary licenses, building and other permits, and similar authorizations from governmental authorities required or necessary to perform its obligations under this Agreement, and shall give all notices required by, and otherwise comply with, all applicable laws, ordinances, rules, regulations and restrictions. 21.3 The Contractor agrees that all of the Contractor's services and the Work shall comply with all applicable laws, statutes, ordinances, codes, executive orders, rules and regulations including without limitation, those adopted by the City, all Environmental Laws as defined in Section 20.4, and the federal and State of Florida "Right to Know" laws related to Hazardous Substances in the workplace. 22. PERSONNEL. 22.1 All personnel used or employed by the Contractor in the performance of the Work shall to the best of Contractor`s knowledge be qualified by training and experience to perform their assigned tasks. At the request of the City's Project Representative, the Contractor shall not use in the performance of the 'Fork any personnel deemed by the City's Project Representative to be incompetent, careless or unqualified to perform the Work assigned, or in any way otherwise unsatisfactory to the City's Project Representative. 22.2 The Contractor agrees that in the performance of the Work called for by this Agreement, it will employ only such labor, and engage 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 Location or on any other improvement which the Contractor or any other improvement a contractor may then be erecting or altering on behalf of City. The Contractor agrees that it shall not employ any labor that will interfere with labor harmony at the Project Location or with the introduction and storage of materials and the execution of Work by other 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 Contractor or any of its Subconsultants, Subcontractors, City may, at its option and without demand, terminate this Agreement for default unless the Contractor shall remedy the strike or work stoppage or other disruption within ten (10) calendar days after the dispute arises. 22.3 Contractor shall furnish the City's Project Representative, on request, resumes of Contractor's key personnel involved in the day-to-day Work on the Project. 23. SAFETY AND PROTECTION. 23.1 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 26 Contractor shall take all necessary precautions for the safety of, and shall provide the ® necessary protection to prevent damage, injury or loss to: 23.1.1 all persons on a Project Location who may be affected by the Work; 23.1.2 all Work and Materials and equipment to be incorporated in the Work, whether in storage on or off the Project Location; and 23.1.3 other property at the Project Location or adjacent to such a location site, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of the Work. 24.2 Contractor shall comply with applicable laws and regulations of any public body having jurisdiction for safety of persons or property to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection including, without limitation and if applicable, compliance with the Florida Trench Safety law. Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of property. All damage, injury or loss to any property caused, directly or ® indirectly, in whole or in part, by Contractor, any Subcontractor, 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 Contractor. Contractor's duties and responsibilities for safety and for protection of the construction shall continue until such time as all the Work is completed and the City's Project Representative has issued a notice to Contractor that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion in Section 7). 24.3 Safety Representative. Contractor shall designate a qualified and experienced safety representative at the Project Location 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. Contractor 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 Location in accordance with laws or regulations. 24.5 Emergencies. _ In emergencies affecting the safety or protection of persons or property at a Project Location or adjacent to any such Location, Contractor, 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. Contractor shall give the City's Project Representative prompt written notice if F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 27 Contractor 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 Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action. 25. USE OF LOCATION AND OTHER AREAS. 25.1 Contractor shall confine construction equipment, the storage of Materials and equipment and the operations of construction workers to those lands and areas permitted by the City and other land and area permitted by laws and regulations, rights- of-way, permits and easements, and shall not unreasonably encumber any such land or area with construction equipment or other Materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to any owner or occupant thereof or any adjacent land or areas, resulting from the performance of the construction. Should any claim be made by an), such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceedings or at law. Contractor shall, to the fullest extent permitted by law and regulations, indemnify and hold harnlless 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 anv claim or action, legal or equitable, brought by any such owner or occupant against City, or any other party indemnified under this Agreement to the extent caused by or based on Contractor's, or its Subconsultant's or Subcontractor's performance of the Work. 25.2 During the performance of the Work, Contractor shall keep the Project Location free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work Contractor shall remove all waste materials, rubbish and debris from and about the Project Location as well as all tools, appliances, construction equipment, temporary construction and machinery and surplus materials. Contractor shall leave the Project Location clean and ready for use by City at Substantial Completion. Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. 25.3 Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will result in endangerment. 26. CONTRACTOR'S WARRANTIES. The Contractor represents and warrants to the City: 26.1 That it is financially solvent, able to pay its debts as they mature, and is possessed of sufficient working capital to perform this Agreement; that it is able to F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 28 furnish the necessary Materials; 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 and is not barred from performing the Work by any law, rule or regulation; including the Florida Public Entity Crimes law. 26.2 That the Contractor holds a license, permit or other special license to perform the Work specified in this Agreement, as required by law, or employs or works under the general supervision of the holder of such license, permit or special license if authorized by law. 26.3 That the Work shall be constructed in a good and workmanlike manner, free from defects, and in strict compliance with the Contract Documents. 27. SIGNAGE. Except for safety signage required by applicable laws, which shall be installed in compliance with applicable laws, all construction signage, including, but not limited to that appearing on cranes and other construction equipment located at the Project Location, shall be subject to the prior written approval of the City's Project Representative. The Contractor recognizes that all signage (except safety signage required by applicable laws) may be disallowed, in the City'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, Contractor and key participants in the Project. Such Project signs shall be installed in compliance with the City's sign ordinance. 28. PRESS RELEASES. The Contractor shall coordinate any public announcement or publicity releases relating to the Project through the City. The Contractor shall also require Subconsultants, Subcontractors, materialmen, suppliers, and vendors to comply with this requirement. 29. OWNERSHIP OF CONTRACT DOCUMENTS. All Plans, Specifications, Detail Drawings and other Drawings prepared in connection with the Project, upon payment by City to Contractor, shall be and remain the property of City and are not to be used by the Contractor on any other project and shall be relinquished to the City's Project Representative at Final Completion or sooner if otherwise required by this Agreement, provided, however, that the Contractor may maintain one record set of as- completed 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. F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 29 30. REPRESENTATIVES. 30.1 The name of the party who is the City's Project Representative is shown in Section 1.2. 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. 30.2 The name of the party who is to be the "Contractor's Project Representative" is shown in Section 1.2, above. Unless another corporate officer of the Contractor advises City, in writing. of any limitations on the authority of Contractor's Project Representative, such Representative shall have full authority to execute any and all instruments requiring the Contractor's signature and to act on behalf of the Contractor with respect to all matters arising out of this Agreement. 31. ASSIGNMENT. The Contractor 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 Contractor assign any monies due or to become due to it, without the previous written consent of City, which consent may be withheld or conditioned by the City in its sole discretion. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding on the parties and their respective successors and assigns. 32. NONDISCRIMINATION. The Contractor agrees that it will not knowingly violate any applicable laws or regulations prohibiting discrimination in employment in the performance of its Work under this Agreement. 33. WAIVER. No consent or waiver, express or implied, by either party to this Agreement to or of any breach or default by the other in the performance of any obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other or future breach or default by such party. Failure on the part of any party to complain of any act or failure to act of the other party or to declare the other party in default under this Agreement, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party. Inspection by, payment by, or tentative approval or acceptance by the City's Project Representative, or the failure of the City's Project Representative to perform any inspection shall not constitute a final acceptance of the Work or any part of it and shall not release the Contractor from any of its obligations under this Agreement. • F:566001:/Agreements:/Dredaing Agmnt re Subaqueous v2 30 34. CONSTRUCTION OF TERMS, CONFLICTS. 34.1 Unless the context clearly intends to the contrary, words singular or plural in number shall be deemed to include the other and pronouns having a masculine or feminine gender shall be deemed to include the other. The term "person" shall be deemed to include an individual, corporation, unincorporated organization, partnership, trust, government and governmental agency or subdivision or any other entity of any kind, as the context shall require. 34.2 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. 35. 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. 36. 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. 37. TERMINATION. 37.1 City shall have the right at any time, on not less than seven (7) days prior written notice to the Contractor, to terminate this Agreement without cause or for City's convenience including, but not limited to termination in the event that (a) the Project is abandoned by City; or the City Commission terminates, suspends or modifies the Project. Upon receipt by the Contractor of such notice of termination (the "Date of Termination"), the Contractor shall immediately discontinue the Work and remove its equipment and employees from the Project Location. In the event of termination under this Section 37.1, the Contractor shall have the right, as its sole and exclusive remedy, to recover from City payment of the Contract Sum for Work performed up to the Date of Termination (less any payment made to the Contractor by City). In addition, without terminating this Agreement as a whole, City may, for convenience, terminate a portion of this Agreement (by reducing, in such manner as City deems appropriate, the scope of the Work to be performed by the Contractor). In such event such termination of a F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 31 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. 37.2 In addition to City's right to terminate this Agreement for default under the terms of Section 22.2 and elsewhere in this Agreement, if the Contractor shall fail to commence the Work in accordance with the provisions of this Agreement, fail to perform the Work or portions of it to completion in a diligent, efficient, workmanlike, skillful and careful manner and in strict accordance with the provisions of the Contract Documents, fail to use an adequate quantity or quality of personnel, equipment, or material to complete the Work within the Contract Time, fail to perform any of its obligations under the Contract Documents, be adjudged a bankrupt, make a general assignment for the benefit of its creditors, permit a receiver to be appointed on account of its insolvency, become otherwise insolvent, or fail to make prompt payments to its Subcontractors, materialmen or laborers, City shall provide the Contractor with written notice of such event, stating the nature of the default complained of. If Contractor does not cure such default within seven (7) days after receipt of such notice (or such longer period agreed to by the parties if the nature of the default is such that it cannot be cured within seven (7) days and Contractor had comi-nenced and was diligently proceeding to cure within the original seven (7) day period), the City shall have the right, upon forty- eight (48) hours written notice to the Contractor to terminate this .Agreement. In the event of termination under this Section 37 2, City shall notify the Contractor's surety, and the Contractor's surety shall take over and perform this Agreement. The iContractor's surety shall continue to perform, on at least an interim basis, until such time as it makes other satisfactory arrangements for completion of the Work pursuant to the Bond obligations. If the Contractor's surety does not commence performance with adequate quantity and quality of personnel, equipment, and material to maintain the Contract Time, within five (5) days from the date of receipt of such notice of termination, City may, without further notice to the Contractor or its surety, take possession of and use, without any rental obligation to the Contractor or any third party, all or any part of the Contractor's Materials and other property of every kind used by the Contractor in the performance of the Work and use such property in the completion of the Work, and complete the Work with its own forces or by engaging the services of other parties therefor. Any such act by City shall not be deemed a waiver of any other right or remedy of City under this Agreement, the Bonds or otherwise. If after exercising any such remedy the cost to City of the performance of the balance of the Work is in excess of Contract Sum, which has not previously been paid to the Contractor, the Contractor and the Contractor's surety shall be liable for and shall reimburse City for such excess costs and all delay and damages suffered by City as a result thereof If after termination of this Agreement under this Section 37.2, it is detennined that the Contractor was not in default or that sufficient cause to terminate under Section 37.2 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 37.1, and that the Contractor agreed to City's use of its materials and other property, in which case the Contractor shall be entitled to be paid a reasonable sum for City's use of the Contractor's Materials and other property of the Contractor. F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 32 37.3 If City fails to perform any of its obligations under this Agreement, the Contractor shall have the right to give City written notice to that effect, stating the nature of the default complained of. If City does not cure such default within fifteen (15) business 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) business days and City has commenced and is diligently proceeding to cure within the original fifteen (15) business day period, the Contractor shall have the right, on forty- eight (48) hours written notice thereof to City to terminate this Agreement. The Contractor shall have the right to terminate this Agreement upon thirty (30) days written notice if the Work is suspended for a period of ninety (90) consecutive days or more due to causes not the fault of the Contractor. 37.4 City may, if the Contractor 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 Contractor, without prejudice to any other remedy City may have, make good all Work, material omissions or deficiencies, and may deduct the cost therefor from the amount included in the Contract Sum due or which may thereafter become due the Contractor, but no action taken by City under this provision shall affect any of the other rights or remedies of City granted by this Agreement or by law relieve the Contractor or the Contractor's surety from any consequences or liabilities arising from such acts or omissions. 37.5 The rights and remedies of City under this Section 37 shall be non- exclusive, and shall be in addition to all the other remedies available to City at law or in equity. 38. DISPUTE RESOLUTION. 38.1 This Agreement shall be governed by the laws of the State of Florida and the applicable laws of the United States of America. Any proceeding seeking to enforce any provision of, or based on any rights arising out of, this Agreement may be brought against any of the parties in the courts of the State of Florida, County of Broward, or if it has or can acquire jurisdiction in the United States District Court of the Southern District of Florida and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action. THE PARTIES WAIVE ANY RIGHTS TO A JURY TRIAL OR PROCEEDING AND WAIVE ANY OBJECTION TO VENUE, PROVIDED, HOWEVER, THAT SUCH VENUE SHALL BE CONSISTENT WITH THE REQUIREMENTS OF SECTION 47.025, FLORIDA STATUTES. 38.2 Pending resolution of any dispute arising under this Agreement, other than its termination, the Contractor shall diligently proceed with performance of this F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 33 Agreement and City shall continue to make payments in accordance with the Contract Documents, except for payment related to the disputed matter. 39. NOTICES. All notices to be given under this Agreement shall be in writing, and shall be given, served, or made by facsimile transmission followed by one of the following methods: (a) depositing the same in the United States.Mail addressed to the party to be notified, postage pre-paid and first class mail (b) by nationally recognized overnight courier service such as Federal Express or United Parcel Service, or (c) by delivering the same in person to such party. Notices of an alleged default or any termination of this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, postage pre-paid, to the recipient party. Notice given in any other manner shall be effective only if and when received by the party to be notified. All notices to be given to the parties shall be sent to or made to the addresses shown in Section 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 an address any other address in the United States of America. 40. 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. 41. RECORD DRAWINGS AND FINAL SURVEY. • 41.1 A marked-up set of plans and specifications will be kept up to date by the Contractor on the Project Site at all times. The Contractor shall record all Work progress 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". 41.2 In addition to the "Record Drawings", the Contractor will cause to have prepared by a surveyor, registered in the State of Florida, a site survey which shall clearly represent all Work done under this Agreement. 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 the completed Work. 42. 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 Contractor become the property of the City. 43. GUARANTEE. In addition to and not as a substitute for Sections 26 of this Agreement, the Contractor shall guarantee the Work for a period of at least one year (and for additional periods where extended or special warranties are required by the Contract Documents) from the date of Substantial Completion. Neither the final certificate of payment nor any provision in the Contract Documents shall relieve the Contractor of the responsibility for negligence or faulty materials, workmanship, or latent defects within the extended period provided by law and upon written notice he F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 34 shall remedy any defects due thereto and pay all expenses for any damages to other ® Work resulting therefrom. 44. TEMPORARY UTILITIES. 44.1 Water. If required, the Contractor shall provide a temporary water line sufficient to supply all water needed for the Work contemplated under this Agreement, and shall pay for all water it uses and its Subcontractors use under this Agreement. 44.2 Electricity. The Contractor shall, if needed, provide temporary electrical service sufficient to supply all electrical power needed for the Work contemplated under this Agreement, and shall pay for all electricity it uses and its Subcontractors use under this Agreement. 44.3 Sanitary Facilities. The Contractor shall provide and maintain in a neat and sanitary condition such accommodations for the use of its employees as may be necessary to comply with the regulations of the State Board of Health and the local health department. No nuisance will be permitted. Upon completion of Work, such facilities shall be removed and the Project Location left in a sanitary condition. 45. DRAWINGS AND SPECIFICATION ON THE SITE. In addition to and not as a substitute for Section 43 of this Agreement, the Contractor shall keep one copy of the specifications and one copy of the drawings at the Project Location in good order available to the City's Project Representative. The Contractor will constantly update the specifications and drawings to reflect the "as-completed" condition of the Work. 46. CLEANING UP. 46.1 The Contractor shall keep the Project Location free from accumulation of waste material and rubbish and at the completion of the Work, shall remove from the Project Location all rubbish, implements, and surplus materials. 46.2 Any salvage resulting from the Project Location shall be the property of the City and this material shall be placed, piled or stacked on a site selected by the City if the City desires this material. If this material is not desired by the City, it shall be disposed of by the Contractor at its expense. 46.3 The Contractor is responsible for any permits required for cleanup activities and shall conform to the City and Broward County ordinances governing removal and disposal of waste material and rubbish. 47. CORRECTION OF WORK. The Contractor shall re-execute any Work that fails to conform to the requirements of this Agreement and that appears during the progress of the Work, and shall remedy any defects due to faulty materials or workmanship. The provisions of this article apply to Work done by Subcontractors as well as Work done by direct employees of the Contractor. F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 35 48. ADDRESSES. All invoices, contracts, copies of notices and other correspondence should be addressed to City and the Contractor as follows: If to City: City Manager City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Fax No.: (954) 921-2604 With a copy to: Thomas J. Ansbro, City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, Florida 33312 Fax No. (954) 764-7770 If to Contractor: • Mr. Lance W. Young Subaqueous Services, Inc. 4201 Kean Road Fort Lauderdale, FL 33314 Fax No. (954) 581-2810 If to City's Project Representative: Michael Sheridan,P.E. City of Dania Beach Public `Vorks/Utilities Department 1201 Stirling Rd. Dania Beach, FL 33004 Fax No. (954) 923-1109 F:566001:/Agreements:/Dredging Agmnt re Subaqueous Q 36 IN `FITNESS OF THE FOREGOING, this Agreement is executed and effective as of the date first above set forth. CONTRACTOR SUBAQUEOUS SERVICES, INC. a Florida ti By: - -Name' - ` Titlz:-VTCe r C CL- Dated: 200 CITY: CITY OF DANIA BEACH, on unicipal corpor i By: Robert hunn, Ma r'- By-.. Ivan ato rity Manager Dated: 07, 2003 ATTEST: Charlene Johnson, Chj Clerk APPROVED AS TO Fr AND CORRECTNESS: By: Thomas JJ.1Ansbro, City Attorney F:566001:/Agreements:/Dredging Agmnt re Subaqueous v2 37 • EXHIBIT A CONTRACT TIMES A. Construction Work. Unless otherwise agreed to in writing by the parties, the Work shall be commenced pursuant to a Notice to Proceed issued by the City's Project Representative to Contractor's Project Representative with Substantial Completion to occur within one hundred twenty (120) days after issuance of such Notice as to the Dania Cut-Off Canal Work and within One Hundred Twenty (120) days after issuance of such Notice as to the finger canals' `Fork. Final Completion shall occur within forty-five (45) calendar days following Substantial Completion of each portion of the Work. Time is of the essence in the performance of the Work. B. Liquidated Damages. Pursuant to Section 7.6 of the Agreement, if the Contractor shall neglect, fail, or refuse to complete the Work by the applicable Substantial Completion Date or the applicable Final Completion Date, subject to any proper extension granted by City, then the Contractor agrees to pay to City, or to cause the Contractor's surety to pay to City, Liquidated Damages in the amount of (a) Two Hundred and 00/100 Dollars (5200.00) per diem commencing upon the first day following expiration of the Substantial Completion Date and continuing until the actual date of Substantial Completion, per each portion of the Project and (b) Two Hundred and 00/100 Dollars (5200.00) per diem commencing upon the first day following expiration of the applicable Final Completion Date and continuing until the actual date of Final Completion as applicable. EXHIBIT B NOTICE TO PROCEED TO: Subaqueous Services,Inc. From: Cite of Dania Beach, Florida PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon, Marlin and Sailfish Waterways) CONTRACTOR: Subaqueous Services,Inc. DATE: , 200_ You are notified that the Contract Time under the Agreement for the above Project will commence to run on , 20 . By that date, you are to start performing your obligations under the Contract Documents. In accordance with Sections 4 and 6 of the Agreement, the dates of Substantial Completion and completion and readiness for final payment (Final Completion) are , 200_ and , 200 ( / days respectively). • Before you may start any Work at the Project Location, paragraph 11.2 of the Agreement requires you to deliver to the City, which shall be listed as an additional insured, Certificates of Insurance that you are required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must (if necessary, add other requirements) (CITY'S PROJECT REPRESENTATIVE) By: (AUTHORIZED SIGNATURE) (TITLE) 1 i I i Y EXHIBIT C CHANGE ORDER TO: Subaqueous Services, Inc. PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon,Marlin and Sailfish Waterways) CONTRACTOR: Subaqueous Services,Inc. DATE: , 200 This Change Order will authorize the following change to the Agreement: The Work as set forth in the Agreement is amended to include the items set forth on Exhibit "A" attached and by this reference made a part of this document. This Change Order constitutes full, final, and complete authorization for compensation to the Contractor for all costs, expenses, overhead, and profit, and any damages of every kind that the Contractor may incur in connection with the above referenced change(s) in the Work, and any other effect on any of the Work under this Agreement. The Contractor acknowledges and ® agrees that (a) the Guaranteed Maximum Price of S400.000.00 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. Contractor expressly waives any claims for any additional compensation, damages or time extensions in connection with the above- referenced change(s). Except as modified by this document, all terms of the Agreement shall remain in full force and effect and shall cover the performance of, and payment for, any work authorized under this document. Any defined terms not defined in this Change Order shall have the meanings set forth in the Agreement. By signing below the parties indicate acceptance of this Change Order as set forth in it. SUBAQUEOUS SERVICES, INC. CITY OF DANIA BEACH 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_. EXHIBIT D REQUEST FOR PAYMENT TO: City of Dania Beach PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon,Marlin and Sailfish Waterways) CONTRACTOR: Subaqueous Services, Inc. DATE: , 200_ Invoice #: Date: Application is made for. payment as shown below, in connection with the Agreement for the Project (additional sheets are attached to provide a complete breakdown of the requested payment): l.Guaranteed Maximum Price S 400.000.00 2. Net Change by Change Orders I Guaranteed Maximum Price to date (Line 1 + 2) S 4. Total Completed to date S (see continuation sheet) 5. Retainage to date (see continuation sheet) S 6. Total Earned less Retainage (Line 4 less Line 5 total) S 7. Less Previous Requests for Payment $ (line 6 from previous Request) 8. Current Payment Due S 9. Balance to Finish (Line 1 less Line 4) $ The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the Work covered by this Request for Payment has been completed in strict accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Requests for Payment (if any) were issued and payment received from the City and that the current payment requested represents a just estimate of reimbursements to the Subcontractors, Subconsultants, materialmen, vendors, and suppliers for Work performed and material delivered. The Contractor further certifies that there are no known mechanic's or materialmen's liens outstanding at the date of this request, that all due and payable bills with respect to the Work and Materials have been paid to date or are included in the amount requested and that, except for such bills not paid but so included, there is no known basis for the filing of any mechanic's or materialmen's liens on the Work, and that waivers from all Subcontractors, Subconsultants, materialmen, vendors and suppliers have been obtained in such form as required by the Agreement. SUBAQUEOUS SERVICES. INC. a Florida corporation By: Name: ® Title: EXHIBIT E CERTIFICATE OF SUBCONTRACTOR & FINAL WAIVER OF LIEN TO: Cite of Dania Beach PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon,Marlin and Sailfish Waterways) CONTRACTOR: Subaqueous Services,Inc. DATE: , 200_ The undersigned, being duly sworn, on oath deposes and says under penalty of perjure: I am the of the corporation or other entity identified below as the Subcontractor, which entity has executed the attached Release and Waiver, and I certify that the Subcontractor has paid all employees, contractors and materialmen in full for all labor and Materials supplied by them to, for or under the Subcontractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document. On behalf of and in the name of the Subcontractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or against the Contractor for Material or labor supplied by, to, for or under the Subcontractor in connection with the Subcontractor's participation in the construction of the Project, the Subcontractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, pursuant to Florida Statutes, for the release of such lien, and obtain settlement of any such liens and furnish the City and the Contractor a signed instrument fully releasing any such liens. The Subcontractor further agrees to fully indemnify and hold harmless the City, its agents and employees, and the Contractor, its sureties, agents and employees, for any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Subcontractor. I further certify on behalf of and in the name of the Subcontractor that the Subcontractor has complied with all federal, state and local tax laws, including social security laws, ® and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Subcontractor's obligations in connection with the Project. THAT the undersigned Subcontractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and Materials supplied prior to, through and including the date of this release, and in connection with the Project, 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 known to me or [ ] produced as identification. Notary Public: (name typed) My Commission Expires: EXHIBIT F CERTIFICATE OF CONTRACTOR & FINAL WAIVER OF LIEN TO: City of Dania Beach PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon,Marlin and Sailfish Waterways) CONTRACTOR: Subaqueous Services, Inc. DATE: , 200_ The undersigned, being duly sworn, on oath deposes and says under penalty of perjury: I am the of the corporation or other entity identified as the Contractor, which entity has executed the attached Release and Waiver, and I certify that the Contractor has paid all employees, Subcontractors, Subconsultants and matenalmen in full for all labor and Materials supplied by them to, for or under the Contractor in connection with the above described Project through and including the date of this instrument, except for such persons listed on the attached sheet in the amount indicated opposite their names, who shall be paid in full within ten (10) days after the date of this document: On behalf of and in the name of the Contractor, I further covenant, warrant and represent that should any claim or lien be filed against the City of Dania Beach, a Florida municipal corporation (the "City"), or the Project, the real property upon which the Project is located or any other property owned by the City of Dania Beach for Materials or labor supplied by, to, for or under the Contractor in connection with the Contractor's participation in the construction of the Project, the Contractor will immediately pay and satisfy such claim or lien or furnish a sufficient bond, for the release of such lien, and obtain settlement of any such liens and furnish the City a signed.instrument fully releasing any such liens. The Contractor further agrees to fully indemnify and hold harmless the City, its agents and employees, from any loss, cost or damage, including but not limited to attorneys' fees, which they may incur by reason of any such claim or lien by, through or under the Contractor. I further certify on behalf of and in the name of the Contractor that the Contractor has complied with all federal, state and local tax laws, including social security laws, and unemployment compensation laws and Workers' Compensation laws, insofar as same are applicable to the performance of the Contractor's obligations in connection with the Project. THAT the undersigned Contractor, in consideration of payment made to the undersigned of all sums due the undersigned for labor and materials supplied prior to, through and including the date of this release, and in connection with the Project, 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 Contractor does acknowledge and represent that: 1. Through the date of this document, the undersigned has received total payments in the amount of S for labor and Materials supplied to or for the Project; and 2. The undersigned Contractor acknowledges receipt of payment in full of all sums agreed and required to be paid to the undersigned in connection with the Project for all labor and Materials supplied by the undersigned to or for the Project prior to, through and including the date of this document. This instrument has been executed on , 200_. CONTRACTOR: SUBAQUEOUS SERVICES, 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: l EXHIBIT G PERFORMANCE BOND TO: City of Dania Beach PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon,Marlin and Sailfish Waterways) CONTRACTOR: Subaqueous Services,Inc. DATE: , 200_ STATE OF FLORIDA COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That SUBAQUEOUS SERVICES, 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 Agreement with the City, dated , 200,, for the maintenance dredging of a portion of the Dania Cut-Off Canal and three adjacent finger canals (Down as the Tarpon, Marlin and Sailfish Waterways) (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 Contractor under the Agreement and amendments to it, less the amount paid by the City to Contractor 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 ,valve 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 SUBAQUEOUS SERVICES, INC. By: a Florida corporation Name: Title: Date: By: Name: Title: Date: EXHIBIT H LABOR AND MATERIAL PAYMENT BOND TO: Cite of Dania Beach PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon, Marlin and Sailfish Waterways) CONTRACTOR: Subaqueous Services,Inc. DATE: 200 STATE OF FLORIDA ) COUNTY OF BROWARD ) KNOW ALL MEN BY THESE PRESENTS: That SUBAQUEOUS SERVICES, 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 200_, for maintenance dredging of a portion of the Dania Cut- Off Canal and three adjacent finger canals (known as the Tarpon, Marlin and Sailfish Waterways) (the "Agreement"), which Agreement is by reference made a part of this document as fully and to the same extent as if copied at length in it. NOW, THEREFORE, THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL: 1. Promptly makes payments to all lienors supplying labor, material, and supplies used directly- or indirectly by Principal in the prosecution of the work provided in the Agreement; and 2. Pays the City all loss, damage, expenses, costs, and attorneys' fees, including appellate proceedings, that the City sustains because of default by Principal under the Agreement; Then this bond is void; otherwise, it remains in full force. ® Any changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications or drawings, or the work to be performed thereunder, and compliance or noncompliance with formalities connected with the Agreement or with the changes do not affect Surety's obligations under this Bond, and Surety does waive notice of any such changes, extensions of time, alterations or additions in or under the Agreement, contract documents, plans, specifications and drawings, or the work to be performed thereunder. This Bond is filed in accordance with Section 713.23, Florida Statues, or Section 255.05, Florida Statutes, whichever or both as may be applicable. IN WITNESS OF THE FOREGOING, the Principal and Surety have signed and sealed this instrument this on , 200, SUBAQUEOUS SERVICES, INC. By: a Florida corporation Name: Title: Date: By: Name: Title: Date: PROPOSAL � THE CITY OF DANIA BEACH CUT-OFF CANAL MAINTENANCE DREDGING PROTECT TO THE COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA DATE: March 18. 2002 SUBMITTED BY: Subaqueous Services Inc. ADDRESS: 4201 Kean Road Fort Lauderdale, Fl 33314 Gentlemen: The undersigned proposes to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the Cite of Dania Beach, Florida, through its proper officers, and to do the same strictl7 in accordance with the plans and contract documents on file in the Office of the City Engineer of Dania Beach, which are referred to below and made a part hereof, at the following unit prices, to-%c-it: BID For furnishing all labor, material and equipment to dredge the Dania Beach Cut-Off Canal (Between Griffin Road and 200 feet east of U. S. 1) to the specified depth,including mobilization and demobilization, acquisition of spoil disposal site,removal of fill, onsite testing services to perform • sampling and testing of turbidity and submittal of test reports. Mobilization/Demobilization * 0.00 Maintenance Dredging 13,333 CY @ $15.00 per CY S200,000.00 TOTAL $200,000.00 * This Item is contingent on Subaqueous Services, Inc. receiving a Notice to Proceed prior to the completion of the C-10 Canal for the Department of Transportation. Subaqueous Services, Inc. vill provide the City of Dania Beach at least 30 days prior to completion of the C-10 Canal a completion date. If the City of Dania Beach cannot provide a Notice to Proceed by that stated completion date, then the City of Dania Beach will provide a Notice to Proceed within 15 days of that date and Subaqueous Services, Inc. will mobilize and demobilize at a cost of S50.000.00. If the City of Dania Beach cannot meet this requirement, the contract becomes Invalid. FOR: SUBA UEOUS SERVICES, INC. Lane . Young, Vice President Date: March 18. 2002 • PROPOSAL March 4, 2002 Ms. Bonnie Temchuk Assistant to the City Manager City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Florida 33004 RE: MAINTENANCE DREDGING OF TARPON, MARLIN AND SAILFISH FINGER CANALS Dear Bonnie: Please accept this letter as our proposal to complete the above referenced work. The City of Dania Beach is required to provide a survery and necessary permits for the dredging project. Subaqueous Services, Inc., hereinafter referred to as SSI, will provide all equipment, labor, fuel, supervision, insurance, spoil area, and dredge material disposal, etc. to complete all work as follows: t PRICES Est. Unit Item Quantity Unit Price Totals Permitting, Surveying & Engineering 1 LS N/A $ 0.00 Mobilization/Demobilization* 1 LS N/A $ 50,000.00 Spoil Site Construction & Disposal of Dredged Material 1 LS N/A $ 0.00 Maintenance Dredging 10,000 CY $15.00 $150,000.00 Total Price $200,000.00 *This item includes costs associated with the dredging of the Dania Beach Cut-off Canal (between Griffin Road and 200 feet east of U.S. 1) if dredging is done simultaneously. p , r 4 ACKNOWLEDGEMENT OF CONTRACTOR STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 18th day of March, 2002, by Lance W. Young , as Vice President and respectively, of_ Subaqueous Services,Inc , a Florida corporation, on behalf of the corporation. They are personally known to me or have produce as identification and did/did not take an oath. Notary Public, State of Florida Signature of Notary taking Acknowledgement. Name of Notary Typed, Printed or Stamped My® Spp missi n Fxpirees:.id,ro. A. _:Z :Co�issiau�DD 04�G7 July 31 = PPF� ` Bodied Thor q15 Commission Number Client#: 1469 SUBSERV DATE AC CERTIFICATE OF LIABILITY INSURANCE 02/19/03Dm, ,u PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arthur J.Gallagher&Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 8200 N.W.41st Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. uite 200 iami, FL 33166 INSURERS AFFORDING COVERAGE INSURED INSURERA: St. Paul Fire&Marine Subaqueous Services,Inc. INSURERB: Signal Mutual Underwriting Assoc. 4201 Kean Road INSURERC: Security Insurance Co.of Hartford Ft. Lauderdale,FL 33314 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER DAPOLTCY EFFECTMEF TE MM/DD/YY POLICY DATE MMIDDDTION LIMITS L7R A GENERAL LIABILITY 368FA0847 02/28/02 02/28/03 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $50 000 CLAIMS MADE I-XI OCCUR MED EXP(Any one person) $5 000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 POLICY JET LOC A AUTOMOBILE LIABILITY KX05800005 01/31/03 01/31104 COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Peraccident) x Ded.$500 PROPERTY DAMAGE $ x Ded.$500 (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY 368FA0848 02/28/02 02/28/03 EACH OCCURRENCE $4 000 000 X OCCUR CLAIMS MADE AGGREGATE s4,000,000 DEDUCTIBLE $ X RETENTION $$25 000 $ TH- B WORKERS COMPENSATION AND 2900 USL&H 10101102 10101103 X ORY LAM TU TS OER C EMPLOYERS'LIABILITY SMS116035 State Act 10/01/02 10/01103 E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 E.L.DISEASE-POLICY LIMIT $1,000,000 A OTHER 368FA0849 02/28/02 02/28103 Hull:Scheduled Vessels Hull/P&I/Eqpt. P&I: 1,000,000 EQPT.$300,000 each item DESCRIPTION OF OPERATIONS/LOCATtONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Dania Cut-Off Canal and Fingers Certificate Holder is named as additional insured with respects to the genral liability policy only. CERTIFICATE HOLDER ADDTTIONALINSURED;INSURERLETTER: CANCELLATION SHOULD ANYOF THE ABOVE D ESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Dania Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL S()—DAYSWRITTEN 100 West Dania Beach Blvd. NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHELEFT,BUTFAILURE TODOSOSHALL Dania, FL 33004 IMPOSE NOOBLIGATIONOR LIABILITY OF ANY KIND UPON THE INSURER,ITSAGENTSOR REPRESENTATIVES. AUTHORIZED REPRESENTATNE ACORD 25-S(7/97)1 Of 2 #S46680(M46481 CXN © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25-S(7/97)2 of 2 #S46680/M46481 BOND #964 000 654 � EXHIBIT H LABOR AND MATERIAL PAYMENT BOND TO: City of Dania Beach PROJECT: Maintenance Dredging of Portion. of Dania Cut-Off Canal and Three Finger Canals(Tarpon,Marlin. and Sailfish Waterways) CONTRACTOR: Subaqueous Services,Inc. DATE:'�t�6_, 2003 STATE OF FLORIDA ) COUNT' OF BROWARD ) KNOW :ALL MEN BY THESE PRESENTS: That SUBAQUEOUS SERVICES, INC., a Florida corporation of the County of B.roward, and State of Florida, as Principal, and Liberty Mutual Insurance Company, 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 Four Hundred ThousaDollars ($400,000.00) for the payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, • jointly and severally: V71 ERF-AS. the Principal has entered into a certain Design Build Agreement with the City, dated 200_3, for maintenance dredging of a portion of the Dania Cut- Off Canal and three adjacent finger canals (known as the Tarpon, Marlin and Sailfish Waterways) (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 WHAT IF PRNCIP JL: 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 ?. Pays the City all loss, damage, expenses, costs, and attorneys' fees, including appellate proceedings, that the City sustains because of default by F inci.pa.l 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 corrected with the Agreement or with the changes do not affect Surety's obligations under this Bond, and Surety does waive notice of any such changes, extensions of time, alterations or additions in of under the Agreement, contract documents, plans, specifications and drawings, cr 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 FOREG ING, the Principal and Surety have signed and sealed this instrument this on 2003 Liberty yy-Mutual Insurance Company SUBAQUEOUS SERVICES, INC. By:i� . �� .a5:: 7 a Florida corporation Name: B. Craig Si 4 y, CIC Title: Attorney in Fact & Florida Resident Agent Date: --'- T BaneCAAY Date - ..� �. • • BOND #964 000, 654 E)MIBIT G • PERFop,MANCE BOND TO: Citv of Dania Beach PROJECT: Maintenance Dredging of Portion of Dania Cut-Off Canal and Three Finger Canals (Tarpon,Marlin and Sailfish.Waterways) CONTRACTOR; Subaqueous Services,Inc. `� , DATE:y 20a STATE OF FLORIDA COUNT' OF BROWARD ) KNOW ALL MEN By THESE PRESENTS; That SUBAQUEOUS SERVICES, INC., a Florida corporation of the County of Broward, and State of Florida, as Principal, and business under Liberty Mutual Insurance Company, authorized, licensed and as as ,a edmitted to do held and firmly the laws of the State of Florida to act as surety on bonds, ). bound to the City of Dania Beach, a Florida municipal corporation (t e0"City").for obligee, in the penal sum of-2ur Hundred Thousand Dollars (�____ — the payment of which, the Fli-acipal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and sevezally, by these • presents: UERjEAS, the Principal has entered into that certain Agreement with the City, dated � , 200,3 , for the maintenance dredging of a portion of the Dania Cut-Off Canal, and three adjacent finger canals (known as thes by Tar reference made part of lin and Sailfish Waterways) (the "Agreement"), which Ag docurraent 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 skull faithfully perform the Ag1eement 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' (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, arraiige for a contract between such bidder and Surety for completion of the Agreement in accordance witb 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) suffaciemt 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. 77he term "balance of the Agreement price" as used in this Paragraph, shall mean the total amount payable by the City to Contractor under the Agreement and amendments to it, less the amount paid by the City to Contractor 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 cf time, alteration or addition to the terms of the Agreement, or to the work performed thereunder, or the playas, specifications, or drawings accompanying the same, shall in any way affect its obligation ora, 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 2001. PRINCIPAL SURETY Liberty Mutual Insurance Company SUBAQUEOUS SER`rICES, INC. By:2.) a Florida corporation Name: B. Crai Cie Title:Attorney in Fact & Florida Resident ,Agent Date: = N C bate: - • THIS:POWER OF"ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1090408 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except,in the manner and to the extent herein stated. LIBERTY MUTUAL"INSURANCE;COMPANY BOSTON,,MASSACHUSETTS_ " POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual"Insurance Company (the 'Corripany"'"), a Massachusetts `.mutual insurance company, pursuant to-and"by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint.6.CRAIG SIBLEY,JAMES H. BREEN,$ARBARA VACCARO,ALL OF THE CITY OF"MAITLAND,STATE OF FLORIDA. each individually if there be more than one named,its true and lawful attorney=in-fact to make,execute,seal,acknowledge and deliver;for and on its behalf as surety and as;its"act and deed,any and alFundertakings,bonds,recognizances and other surety obligations in the penal sum`not exceeding TWENTY-FIVE MILLION AND 00/100*****"*'*"*** **** DOLLARS($ 25,000,000 00**.*** );:each,'and,the execution of such undertakings, bonds, recognizances:and other surety obligations, in:pursuance of these presents, shall be as binding upon the Company as if they`had"been duly signed"by the president and attested by the secretary of the Company in their own proper persons. A That this power is made and executed pursuant to and-by authority of the following Byelaw and Authorization: rn 0 ARTICLE XVI Executiomof Contracts:"Section 5.Surety Bonds and`Undertakings. d Any officer or other official of the"company authorized for""that""purpose in writing by the chairman or the president,and subject to such limitations as the:chairman or the president-may prescribe, shall appoint such attorneys-in-fact, as,may be_necessary to act in,behalf of the company to make, O execute, seal, acknowledge and;deliver as"surety any"and all undertakings, bonds,"recognizances and other surety obligations. Such attorneys-in- cc+0 9. fact, subject to the limitations"set,forth in their"respective:powers of attorney;"shall have full power to bind the company by their"signature and C �. execution of any such instruments and.to attach thereto the.seal of the,company." When so executed such instruments shall be as binding as if � msigned by the president and attested by"the secretary. tLj"d By the following instrument the chairman or the president has authorized"the officer or other official named therein to appoint attorneys-in-fact: A W. ;W Pursuant to Article XVI,Section 5 of the By-laws,Timothy C.Mulloy,an official of Liberty Mutual Insurance Company,is hereby authorized-to appoint E E. d 5, undertakings,bonds,trecomnizances and other surety obligations. All Powers of:Atto ne 'attestedtoloaexecutied b and deliver M surety any and all ), O Y Y rY company _,3. 9 9 , y 9 Y by Timothy C.:Mulloy in his capacity Q�.,�. a_ as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of"this"Authorization, including without limitation Powers of Attorney_attested to,or execu as ted 'Ass Secretary istant Stary of Liberty Mutual Insurance_Company,_ hbtified d approved. 0-a O. are an a) C `0 hat the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. O ow a C a IN WITNESS:WHEREOF, this Power of-Attorney has been subscribed by an,authorized,officer or official of the.Company and the corporate seal of Liberty u)o. " Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 13th day of August 2002 z p t31,N r �GA G LIBERTY MUTUAL INSURANCE COMPANY +0�. O= '� E "By " ° 'TimofF4 C.Mull ssistant Secre ary •a COMMONWEALTH OF PENNSYLVANIA ss = COUNTY OF MONTGOMERY - *'04= EN, On this 1.qth day of August" 2002 before me, a Notary-Public, p ersonally came Timothy C.,Mulloy, to me known, and �. Z v; acknowledged that he is an official of Liberty MutuallInsurance Company;that he knows the seallof said corporation;and that he executed the above Power of C C. Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and;at the direction of.said corporation. 0 _ O , IN TESTIMONY;WHE F I h`�ave� - unto subscribed myname"and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year first above written. .: itc > ota�l ry Public CERTIFICATE AssistI,the undersigned, "rty Mutual Insurance Company,do hereby certify that the'original power of attorney of which the foregoing is a full,true and correct copy,is;in full force and effect on e,of this certificate;�and I do further certify that the officer or:official who executed,the said powerof attorney was'oneof.the officers or officials specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XVI,Section 5 of the By-laws of Liberty.Mutual Insurance'.Company. This certificate and the above power of attorney may be signed by facsimile;or""mechanically reproduced"signatures under,and by"authority"of the following vote of the board of directors of Liberty;Mutual'Insurance Company ata meeting dulycalled and held on the 12th day of March,1980. VOTED that the,facsimile or mechanically reproduced signature of.any assistant secretary of the,company,wherever"appearing upon a certified copy of any power of attorney issued by the company"m connection with surety bonds,shall be valid and binding,uponsthe company with th"e same force and effect as though manually affixed: IN"TESTIMONY-WHEREOF;I have"hereunto subscribed my the corporate seal of the said company;,this day of name and affixed , F etary n ;X-Hee,Assistant Secr Agenda Request Fora City of Dania Beach E �Y Agenda Item: • Date of Commission meeting: 12/10/2002 Description of Agenda Item: Resolution Authorizing City Manager to contract for dredging of fingers Commission action being requested: Adopt Resolution or Ordinance ® Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting Other(F'tease explain) rr Sttrmary explanation and background AI ' A resolution authorizing City Manager to sign contract with Subaqueous Services for the dredging of the Tarpon Waterway, Marlin Waterway and Sailfish Waterway in an amount not to exceed $200,000.00 �►ttachetl exhibitsryand addit�ioraal b kup rnater�als (Please list): Resolution Contract-Tom has and will explain to Commission This project will be paid for with SFWMD money and BC money, no funds from City For purchasing requests ONLY Department: Utilities Amount: $200,000.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ® Grants: ❑ Capital: ❑ Account Name: Capital Improvements Account Number: 105-38-1130-56-638 Submitted by. Bonnie Temchuk Date: 12/3/2002 Department Director: Bonnie Temchuk Date: 12/3/2002 Admin. Services Director. Date: • Finance Director: Patricia Varney Date: 12/5/2002 City Manager. IPato Date: 12/5/2002