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HomeMy WebLinkAboutR-2001-113 RESOLUTION NO. 2001-113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH MEF CONSTRUCTION, INC. FOR CONSTRUCTION SERVICES RELATING TO THE NORTHWEST NEIGHBORHOOD BEAUTIFICATION PROJECT — PHASE III AND SOUTHWEST NEIGHBORHOOD BEAUTIFICATION PROJECT— PHASE IV, UNDER THE 25T"YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING THAT SAID CONSTRUCTION SERVICES SHALL NOT EXCEED ONE HUNDRED EIGHTY-SIX THOUSAND FIVE HUNDRED THIRTY-SIX DOLLARS ($186,536.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain agreement with MEF Construction Inc. in the amount of One Hundred Eighty-Six Thousand Five Hundred Thirty-Six Dollars ($186,536.00) for construction services for the Northwest Neighborhood Beautification Project — Phase III and Southwest Neighborhood Beautification Project — Phase IV, under the 25th Year • Community Development Block Grant Program, in substantial form as Exhibit "A", attached, is approved. Section 2. That the appropriate city officials are authorized to execute the agreement with MEF Construction Inc. and the City Manager and City Attorney are authorized to make minor revisions to said agreement in the best interest of the City of Dania Beach. Section 3. That all resolutions in conflict herewith be repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 26th DAY OF JUNE, 2001. ` RESOLUTION NO. 2001-113 PATRICIAL FLURY MAYOR- COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES hAl la, 4L%_.O� COMMISSIONER MCELYEA- YES C A LENE JOHN N COMMISSIONER MIKES - YES ACTING CITY CLE VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO�FO M AND CORRECTNESS: BY: t, TH ,MA J. ANSB kO CITY AT ORNEY RESOLUTION NO. 2001-113 • AGREEMENT (To be executed in triplicate, one copy in the Office of the City Manager, one copy to be filed in the Office of the City Engineer of the City Dania Beach, and one copy to be given to the Contractor) . THIS IS AN AGREEMENT, dated 2001 between: CITY OF DANIA BEACH, a municipal corporation of Florida, called the - "City", 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004 , and MEF Construction, Incorporated, a Florida corporation, hereinafter referred to as "CONTRACTOR", 782 NW 42nd Avenue, #640, Miami, FL 33126, The "Project" is : NW NEIGHBORHOOD BEAUTIFICATION • PROJECT - PHASE III SW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE IV The "City Engineer" is: ,CRAVEN THOMPSON & ASSOCIATES, INC. 3563 NW 53RD STREET FORT LAUDERDALE, FL 33309 (954) 739-6400 W I T N E S S E T H : In consideration of the mutual terms and conditions, promises , covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows : ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement, and to generally express the objectives and intentions of the respective parties herein, the following •` statements, representations, and explanations shall be accepted as predicates for the undertakings and commitments included within the 1 . provisions which follow,. and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1 ,1 The CONTRACTOR, for the consideration hereafter fully set out shall furnish all the material, equipment and labor to perform all the work necessary to complete the "Provisions for NW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE III and SW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE IV a Community Development Block Grant Program, " all in full and complete accordance to the below listed Contract Documents , which are attached hereto and made a part hereof, as if fully contained herein; Advertisement for Bids ; Instructions to Bidders; Bid Forms, General Conditions, Supplementary Conditions , Addenda, Constructions Drawings and Specifications ; the Proposal and acceptance thereof. 1 .2 On March 13 and March 20 , 2001 the CITY advertised its notice to bidders of the CITY' S desire to hire a firm subject to the approval by the Broward County Community Development Division, to provide for NW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE III and SW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE IV under the Community Block Grant Program. Such sidewalk and landscape improvements are more particularly described in the above entitled Contract Documents which are attached hereto and made a hereof, for the said bid entitled: BID FOR NW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE III SW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE IV CITY OF DANIA BEACH ADMINISTRATIVE CENTER 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA 33004 1 . 3 The CITY held a mandatory pre-bid meeting on March 21 , 2001 and on April 5, 2001 the bids were opened at the offices of the City Clerk. 1 . 4 On June 26, 2001 , the CITY awarded the bid to CONTRACTOR for the designated areas described in and authorized the proper CITY officials to negotiate and enter into an agreement with CONTRACTOR to render the work more particularly described in the above listed Contract Documents which are attached hereto and made a part hereof. 2 • ARTICLE 2 1 SERVICES AND RESPONSIBILITIES 2 . 1 CONTRACTOR hereby agrees to perform the services necessary for the NW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE III and SW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE IV on CITY' S property, as more particularly described in the Contract Documents attached hereto and by this reference made a part hereof, in accordance with the specifications, attached hereto and made a part hereof and CONTRACTOR' s response thereto, attached hereto and made a part hereof. 2 .2 CONTRACTOR agrees to do everything required by this Agreement, the Sealed Bid Package "Provisions For NW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE III and SW NEIGHBORHOOD BEAUTIFICATION PROJECT - PHASE IV" , and Commission award complete with proposal form. 2 . 3 CONTRACTOR shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for . herein, and all work performed under this Agreement shall be done in a professional manner. 2 .4 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon these representations when entering into this Agreement with CONTRACTOR, that CONTRACTOR has the expertise, experience and manpower to perform the services to be provided by CONTRACTOR pursuant to the terms of this Agreement. 2 . 5 CONTRACTOR hereby represents to CITY that CONTRACTOR is properly licensed by the applicable federal, state, and local agencies to provide the services under this Agreement. If CONTRACTOR' s license is revoked, suspended, or terminated for any reason by any governmental agency, CONTRACTOR shall notify the CITY immediately. 2 . 6 CONTRACTOR hereby agrees to conduct all work and services under this Agreement in accordance with all the applicable federal, state, and local laws or regulations . A violation of any federal, state, or local law or regulation may be cause for breach, allowing the CITY to terminate this Agreement. 2 . 7 CONTRACTOR shall guarantee the complete project against poor workmanship and faulty materials for a period of twelve (12) months 3 • after final payment and shall immediately correct any defects which may appear during this period upon notification by the City or the City' s Engineer. ARTICLE 3 PROTECTION OF CITY' S PROPERTY At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY' s property from all damage whatsoever on account of CONTRACTOR' s performance of improvements carried on under this Contract. ARTICLE 4 TERMS AND CONDITION 4 . 1 CONTRACTOR shall perform the improvements to the CITY Property as identified in the Contract Documents attached hereto and made a part hereof, commencing on June 27 , 2001 and completing said improvements no later than ninety (90) days after the notice to • proceed. 4 .2 This Agreement may be terminated by either party for cause, upon thirty (30) days written notice by the CITY to CONTRACTOR, in which event the CONTRACTOR shall be paid its compensation for the improvements completed by the termination date. In the event that the CONTRACTOR abandons this Agreement or causes it to be terminated, he shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the full contracted fee amount. All finished or unfinished documents , data, studies , surveys and reports , prepared by CONTRACTOR shall become the property of CITY and shall be delivered by CONTRACTOR to CITY. ARTICLE 5 COMPENSATION AND METHOD OF PAYMENT 5 . 1 CITY agrees to compensate CONTRACTOR for all the improvements and landscaping completed by CONTRACTOR pursuant to the provisions of this Agreement: SCHEDULE OF PRICES ITEM 1 For mobilization & demobilization of all equipment 4 • & personnel including pre-construction and post- construction video taping, Bond, insurance, construction sign, and permit fees, and record drawings : Not to exceed: $2 , 000 . 00 ITEM 2 For maintenance of traffic and shall include signs, barricades, lath and flagging, and traffic cones as required: Not to exceed: $5, 000 . 00 ITEM 3 For concrete sidewalk installed and in place and verified by the Engineer: Not to exceed: $64 , 800 . 00 ITEM 4 For concrete sidewalk to be removed as field measured and verified before removal: Not to exceed: $2 , 700 . 00 ITEM 5 For concrete driveway pavers in place as field measured and verified by the Engineer: ® Not to exceed: $9, 000 . 00 ITEM 6 For the actual number of trees planted at the site and includes soil preparation and watering: Not to exceed: $76, 000 . 00 ITEM 7 For the actual square yard of sod in place as field measured and verified by the Engineer, and includes soil preparation and watering: Not to exceed: $14 , 000 . 00 ITEM 8 For all work not generally covered under other pay items and project cleanup in accordance with the plans and specifications : Not to exceed: $8 , 000 . 00 ITEM 9 For payment of testing lab services , field and lab work, for concrete cylinders and other materials • incorporated into the work of the project: 5 • Not to exceed: $5, 000. 00 ITEM 10 For all work required relocating poles as determined by FPL: N/A ITEM 11 Supplemental 6" thick concrete Sidewalk: $36. 00/square yard a. Measurement shall be for actual number of square yards installed at this site. b. Payment shall be at the unit price bid for this pay item. Note: Supplemental sidewalk is not to be included in base contract amount of $186,536 . 00 . The total compensation amount may not be exceeded without a written amendment to this Agreement. ® 5 .2 Method of Billing and Payment. 5 .2 . 1 The CONTRACTOR may requisition payments for work completed during the project at monthly intervals . The CONTRACTOR' S requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with such supporting evidence as may be required by the ENGINEER for approval . Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the City until the project is totally completed as specified and accepted. 5 . 2 .2 Payment will be made to CONTRACTOR at: MEF CONSTRUCTION, INCORPORATED 782 NW 42ND AVENUE, 640 MIAMI, FLORIDA 33126 5 . 2 . 3 The making and acceptance of the final payment shall constitute a waiver of all claims by the CITY other than those arising from unsettled liens , from faulty work appearing within twelve (12) months after final payment, or from requirements of the ® specifications . It shall also constitute a waiver of all claims by the CONTRACTOR, except those previously made and still unsettled. 6 ARTICLE 6 CHANGES IN SCOPE OF WORK 6 . 1 CITY or CONTRACTOR may request changes that would increase, decrease, or otherwise modify the work, as described in the Contract Documents, to be provided under this Agreement as described in Article 2 of this Agreement. These changes will affect the compensation accordingly. Such changes must be contained in a written amendment, executed by the parties hereto, with the same formality as this Agreement, prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 6 .2 In no event will the CONTRACTOR be compensated by any work which has not been described in a separate written agreement executed by the parties hereto. ARTICLE 7 INDEMNIFICATION ® 7 . 1 The CONTRACTOR agrees to release the CITY from and against an g g Y and all liability and responsibility in connection with the above mentioned matters . The CONTRACTOR further agrees not to sue or seek any money or damages from CITY in connection with the above mentioned matters . 7 .2 The CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its trustees , elected and appointed officers, agents , servants and employees , from and against any and all claims , demands, or causes of action .whatsoever, and the resulting losses , costs , expenses, reasonable attorneys' fees , liabilities, damages , orders, judgments , or decrees, sustained by the CITY or any third party arising out of, or by reason of, or resulting from the CONTRACTOR' s negligent acts, errors , or omissions. ARTICLE 8 INSURANCE 8 . 1 The CONTRACTOR shall not commence work under this contract • until he has obtained all insurance required under this paragraph, and such insurance has been approved by the Risk Manager of the 7 • CITY, nor shall the CONTRACTOR allow any Subcontractor to commence work on any sub-contract until all similar such insurance required of the subcontractor has been obtained and approved. 8 .2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the Risk Manager prior to the commencement of the work. These Certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Florida. 8 . 3 Financial Ratings must be no less than "A" in the latest edition of the "BEST' S KEY RATING GUIDE", published by A.M. Best Guide. 8 . 4 Insurance shall be in force until all work required to be performed under the terms of the Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage for the balance of the period of the contract and any extension thereunder is in effect. The CONTRACTOR shall not continue to work pursuant to this contract unless all required insurance remains in full force and effect. 8 . 5 REQUIRED INSURANCE. 8 . 5 . 1 Comprehensive General Liability insurance shall cover liability, bodily injury, and property damage. Exposures to be covered are: premises, operations , products/completed operations , and certain contracts . Coverage must be written on an occurrence basis , with the following limits of liability: 8 . 5 . 1 . 1 Bodily Injury 8 . 5 . 1 . 1 . 1 Each Occurrence $1,000 , 000 8 . 5 . 1 . 1 . 2 Annual Aggregate 1 ,000 , 000 8 . 5 . 1 .2 Property Damage 8 .5 . 1 .2 . 1 Each Occurrence 1 ,000 , 000 • 8 . 5 . 1 .2 .2 Annual Aggregate 1,000 , 000 8 8 . 5 . 1 . 3 Personal Injury • Annual Aggregate 1,000,000 8 . 5 . 1 . 4 Completed Operations and Products Liability shall be maintained for two (2) years after final payment. 8 . 5 . 1 . 5 Property Damage Liability Insurance shall include Coverage for the following hazards : X-explosion, C-collapse, U-underground. 8 . 5 .2 Workers' Compensation insurance shall be maintained during the life of this contract to comply with statutory limits for all employees , and in the case any work is sublet, the CONTRACTOR shall require any Subcontractors similarly to provide Workers' Compensation Insurance for all the latter' s employees unless such employees are covered by the protection afforded by the CONTRACTOR. The CONTRACTOR and his subcontractors shall maintain during the life of this policy Employers Liability Insurance. The following limits must be maintained: 8 . 5 .2 . 1 Workers' Compensation Statutory 8 . 5 .2 . 2 Employer' s Liability $500 ,000 • Each Occurrence 8 . 5 . 3 Comprehensive Auto Liability. 8 . 5 . 3 . 1 Bodily Injury 8 . 5 . 3 . 1 . 1 Each Occurrence 1, 000 ,000 8 . 5 . 3 . 1 .2 Annual Aggregate 1, 000 , 000 8 . 5 . 3 .2 Property Damage 8 . 5 . 3 . 2 . 1 Each Occurrence 1,000 ,000 8 . 5 . 3 .2 .2 Annual Aggregate 1, 000, 000 Coverage shall include owned, hired and non-owned vehicles . The CONTRACTOR shall hold the CITY, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete this contract and name the CITY as an additional insured under their policy. The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures . 9 • ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties . It is the intent of the parties that the contractor under this Agreement is not the CITY' s employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act, and the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute discretion in the judgment of the manner and means of carrying out CONTRACTOR' s activities and responsibilities hereunder. Provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of CONTRACTOR, which policies of CONTRACTOR shall not conflict with CITY, H.U.D . , or United States policies , rules or regulations relating to the use of CONTRACTOR' s funds provided for herein. The CONTRACTOR agrees that it is a separate and independent enterprise • from the CITY, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the CONTRACTOR and the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime premiums . ARTICLE 10 CONSTRUCTION PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 10 . 1 At the time of the execution of this Agreement, CONTRACTOR shall furnish a Construction Performance Bond in the amount of 100% of bid which will be considered Bond Coverage for the City. The Performance Bond shall guarantee to the CITY the Completion and performance of the work covered in the Agreement. The performance Bond shall at all times be valid and in force to cover the work being performed. The Performance Bond shall be executed by a • Surety Company approved by the U.S . Treasury Department, licensed to do business in the State of Florida, and having a registered 10 agent in Broward County. • 10 .2 The CONTRACTOR agrees to keep such Bonds , or a replacement thereof, in force at all times during the course of performance of this Agreement. In addition to the foregoing requirements , such Bond shall contain provisions, whether by attaching endorsements or supplemental agreements, guaranteeing to the CITY the completion of services of the performance of this Agreement. CONTRACTOR may comply with the requirements of this provision by causing said Bond to specifically name the CITY OF DANIA BEACH as one of the parties to whom the protection afforded by said Bond is extended or as an alternative, may furnish the CITY with a separate Performance Bond meeting the same criteria provided above. 10 . 3 At the time of the execution of this Agreement, Contractor shall furnish a Labor and Material Payment Bond as required by the contract documents attached hereto and made a part hereof. ARTICLE 11 DEFAULT OF CONTRACT & REMEDIES • 11 . 1 Liquidated Damages. It is mutually agreed between the parties hereto that time is of the essence of this Agreement, and in the event construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the CONTRACTOR, the CITY may retain the sum of Five Hundred ($500 . 00) Dollars per day for each day thereafter, Sundays and Holidays included, that the work remains uncompleted and the CITY is denied full Beneficial Occupancy of the work, which sum shall represent the actual damages which the CITY will have sustained per day by failure of the CONTRACTOR to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the CITY will have sustained in the event of such default by the CONTRACTOR. 11 .2 Remedies in Default. In case of default by CONTRACTOR, the CITY ENGINEER shall notify the CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct him to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance bond ("Surety") . If the abandonment, delay, refusal , failure, or neglect is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the 11 • Agreement and notify the CONTRACTOR and the Surety of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default rectify or cause to be rectified any mismanagement or breach of service in-the Agreement and assume the work of CONTRACTOR and proceed to perform the work under the Agreement at its own cost and expense. 11 .2 .1 Upon such declaration of default, all payments remaining due the CONTRACTOR at the time of default, less all sums due the CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to the Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid the CONTRACTOR had the CONTRACTOR continued to perform the work under the Agreement. 11 .2 .2 If such Surety fails to perform, the CITY may complete the Contract, or any part thereof, either by day labor or re- letting a Contract for the same, and procure the equipment and the facilities necessary for the completion of the Contract, and charge the cost of same to the CONTRACTOR and/or the Surety together with the costs incident thereto to such default. • 11 .2 . 3 In the event the CITY completes the Contract at a lesser cost than would have been payable to the CONTRACTOR under this agreement, if the same had been fulfilled by said CONTRACTOR, CITY shall retain such differences . Should such cost to the CITY be greater, the CONTRACTOR and/or the Surety shall pay the amount of such excess to the CITY. ARTICLE 12 BANKRUPTCY It is agreed that if the CONTRACTOR is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed. ARTICLE 13 DISPUTE RESOLUTION 13 . 1 Arbitration. In addition to any other remedy provided 12 ® hereunder, the CITY, at its option, may use arbitration to resolve any controversy or claim arising out of or relating to this Contract if arbitration is elected by the CITY. Any controversy or claim arising out of or relating to this Contract, or breach thereof, may be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered into by any court giving jurisdiction thereof. In the event arbitration is elected by the CITY, such controversy or claim shall be submitted to one arbitrator selected from the National Panel of The American Arbitration Association. 13 .2 Operations During Dispute. 13 .2 . 1 In the event that a dispute, if any, arises between the CITY and the CONTRACTOR relating to this agreement, performance or compensation hereunder, the CONTRACTOR shall continue to render service in full compliance with all terms and conditions of this agreement as interpreted by the CITY regardless of such dispute. 13 .2 .2 The CONTRACTOR expressly recognizes the paramount right and duty of the CITY to provide adequate maintenance of the CITY' s Property, and further agrees, in consideration for the execution of ® this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court, but will negotiate with the CITY for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute, may present the matter to a court of competent jurisdiction in an appropriate suit therefore instituted by it or by the CITY. 13 .2 . 3 Notwithstanding the other provisions in this Section, the CITY reserves the right to terminate the Agreement at any time, whenever the service provided by the CONTRACTOR fails to meet reasonable standards of the trade after the CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen (14) days of the receipt by the CONTRACTOR of such notice from the CITY. ARTICLE 14 MISCELLANEOUS 14 . 1 Ownership of Documents. Reports, surveys, studies, and other data provided in connection with this Agreement are and shall • remain the property of CITY, whether or not the project for which they are made is completed. 13 • 14 .2 Legal Representation. It is acknowledged that each party to this agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties . 14 . 3 Records. CONTRACTOR shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or expenses based upon such entries . 14 . 4 Assignments and Amendments . This Agreement, and any interests herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without the • prior written consent of CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which requires CITY approval. However, this Agreement shall run to the CITY and its successors and assigns . It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14 . 5 No Contingent Fees . CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONTRACTOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover • the full amount of such fee, commission, percentage, gift or consideration. 14 14 . 6 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: City Jason Nunemaker Acting City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Copy to: Thomas Ansbro, City Attorney 3107 Stirling Rd. , Suite 300 Ft. Lauderdale, FL 33312 Contractor: Miguel Ocana ® MEF Construction, Incorporated 782 NW 42nd Avenue Miami, Florida 33126 14 . 7 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 14 . 8 Headings . Headings herein are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 14 . 9 Exhibits . Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated herein by reference. 14 . 10 Severability. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in 15 • full force and effect, and be enforced to the fullest extent permitted by law. 14 . 11 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 14 . 12 Extent of Agreement. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 14 . 13 Waiver. Failure of the CITY to insist upon strict performance of any provision or condition of this Agreement, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. 14 . 14 Disputes . Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit Court in and for Broward County, unless the City exercises its option to utilize arbitration as set forth in section ® 13 . 1 of this Agreement. 14 . 15 Attorneys' Fees. In the event that either party brings suit for enforcement of this Agreement, the prevailing party shall be entitled to attorney' s fees and court costs in addition to any other remedy afforded by law. (this space intentionally left blank) 16 ® 14 . 16 Protection of City Property. At all times during the performance of this Contract, the CONTRACTOR shall protect the CITY' s property from all damage whatsoever on account of the work being carried on under this contract. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year first written above. ATT ST: CITY OF DANIA BEACH, FLORIDA, a mun} .ip _l co r or on tw BY: /LG L . CHARLENE JO t ONPAT FLURY, MAACTING CITYERK APPROVED AS TO FORM AND CORRECTNESS: BY: n JAN . NUNEMAKER µ�� V ;,46 Y MANAGER TH6MA ANSBRO, CITY ATTORNEY MEF Constr ' on, orporated (CORPORATE SEAL) BY: �1 MIGUEL O ANA VICE- PRESIDENT STATE OF FLORIDA) ) COUNT OF BROWARD) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared MIGUEL OCANA as Vice-President of MEF Construction, Incorporate, a Florida corporation and acknowledged execution of the foregoing Agreement as the proper official of said corporation, for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of�� 2001 . --�— N ary Public My Commission Expires :(o- l9 -D�{ CY-!•_I_n}_;vi7,;T� ;7.� L �NCA t":'I-AA RO�Fk-, �I gi—A^y PUSs,IC L7 TE,OF F,O1;E0A ® �_ONSI1 sSiCJN Ise.GCfh?`J7i Z1y,COMMISSION EXP.MINE 19-W4 17 BID BOND KNOW ALL MEN BY THESE PRESENTS C TJMtMEF Construction , Inc. National Surety Corp. as Principal,and as Surety, are h( Firmly bound unto City of Dania Beach, f.�1QI? e�g � �r. ed " Five Percent (5%) of Bid Amount ER, in the IM ($5% sum c d . (not less than 5 percent of the total amount of the Bid for the payment of which sum, well and truly to be made, we bind ourselves,our heirs,exec administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS,said Principal has submitted a Bid to said OWNER to perform the Work required the bidding schedule(s) of the OWNER's Contract Documents entitled: "NW/SW Neighborhood Beautification Project Phase III/Iv". NOW THEREFORE, if said Principal is awarded a contract by said OWNER and., within the and is the manner required in the "Invitation to Bid" and the "Instructions to Bidders" enters i written Agreement on the form of agreement bound with said Contract Documents, furnishe required certificates of insurance,and furnishes the required Performance Bond and Payment E then this obligation shall be null an void, otherwise it shall remain in full force and effect I,- event suit is brought upon this bond by said OWNER and OWNER re p vaiLs,said Surety shall all costs incurred,by said OWNER in such.suit, including a reasonable attorneys fee to be fixe, the court. 00300-6 0599 NED AND SEALED, this 28th day or. March X 2001 --------------- MEF CONS UCTION , INC. (Seat) NATI�NAL SURETY CORPORATION (Prin (Surety) cipal) (Seal), By: -� 4�7 By: Signature) Mic4l Bonet, (Signature) Attorney-In-Fact & Licensed Florida Resident Agent (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SUR -Y) REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY • I • I 00300-7 0599 ` SCHEDULE OF PRICES CITY OF DANIA BEACH • NW NEIGHBORHOOD BEAUTIFICATION PROJECT-PHASE III SW NEIGHBORHOOD BEAUTIFICATION PROJECT—PHASE IV ITEM DESCRIPTION QTY. UNIT UNIT TOTAL NO. PRICE PRICE 1 Mobilization 1 is $2 , 000. 00 $2 , 000 . 00 2 Maintenance of Traffic 1 Is $5 , 000 .00 $5 , 000 . 00 3 Concrete Sidewalk .2,400 sy 4 Remove Concrete Sidewalk 200 sy $13 .50 $2 , 700 . 00 5 Interlocking Brick Pavers 250 sy $36 . 00 $9 ,000 . 00 6 Palm Trees 400 ea $190 . 00 $7 6 0 0 0 . 0 7 Sod and Mulch 3,500 sy $4 . 0 0 $14, 0 0 0 . 0 8 Misc. Work and Clean Up 1 is $8, 0 0 0 . 0 0 $8, 0 0 0 . 0 0 9 Testing Lab Service 1 Is $5, 000 . 00 $5, 000 . 00 Allowance 10 Utility Pole Relocation (by is is FPL) ---- ---- 11 6" thick concrete Swk 1 1 TOTAL PRICE (Items 1-9) $ 18 6,5 3 6. 0 Note: Alternative bid items are not to be included in total price. Completion time for this contract is 90 Calendar Days and work shall be ready for final acceptance by the City within 100 days. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 300-3 SUN- SENTINEL BW PUBLISHED DAILY city of Da Ti oB arch Notice Is hereby gIvon that the.. FORT LAUDERDALE, BROWARD COUNTY, FLORIDA of Dania Beseh; f%4!. • BOCA RATON PALM BEACH COUNTY FLORIDA seeking sealed s sped the r r following work as specified: MIAMI, MIAMI DADE COUNTY, FLORIDA NORTHWEST'NEIGHBOR- HOOD BEAUTIFICATION, - 'PHASE IIISOUT STATE OF FLORIDA HOOD BEAU NICATIO ,- HOOD BEAUTIFICATION - COUNTY OF BROWARD/PALM BEACH/MIAMI DADE PHASE general, the work in- BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED nletw the construction of new sidewalks, replace- ment of existing aid ewaks, Q,1�/ repair of existing sidewalk, W WHO,ON OATH, SAYS THAT con„ps truction of of bica HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED payers, planting of trees, DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED re-g Ing and construc- tion of swalas,and planting IN_BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE of sod. ATTACHED COPY OF ADVERTISEMENT, BEING A: ho a o I Wednesday Malrch 21, 2001, at.10:30 a.m. In the Administration Center NW NEIGHBORHOOD BEAUTIFICATION conference Room. :; Bids will be accepted until IN THE MATTER OF: April on Thursday, April 5,2 20001,In the office of the Deputy City Clerk,Ad- ministration Center, 100 NW Neighborhood Beautification west Dania Beach o 9 vard, Dania Beach;FlFlU18- oridarida 33304, at which time the IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE bead alloud ll be opened confer- ISSUES OF: once room. Sealed enve- lopes must be submitted and plainly marked: 'Bid- NW Neighborhood 3/13,s,20 10294331 Beautification Project Phase Ili • '' --. SW Neighborhood Beautlfl- AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER cation Project Phase IV*, . Contract documents may PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, be examined and pur- chased AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY son and Associates O PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Inc.,3563 NW 53 FIL rd Street, EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE tel. 54-739-64rt 00.A non09_r .00 POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, per s non-r- efundable charge of d and per set Is required. and FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF there will be an extra charge f or mailing the con- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT tract documents. The City of Dania Beach re- HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR serves the right to accept CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE and/or reject any or all bids with cause anPURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID wa veraniyhortall Info mailo- ties or Irregularities as It NE PER. may deem to be In the best Interest of the residents of the City of Dania Beach. 14 A" The City of Dania Beach en- (SIGNATUR O FFIANT) SDBEges fI msaThepprtoject ion is federally funded and DaVls Bacon is applicable. SWORN TO AND SUBSCRIBED BEFORE ME Charlene Johnson,CMC:_ Deputy City Clerk ON: 20-March-2001 A.D. t2a►ch 13 20 2001 (SIGNATURE OF NOTARY PUBLIC Tara L.9ezak COMMISSION N CC633935 DPfRES JUIy 20,2001 9ONDEO THRU TROY F41N�NSUR4„� (NAME OF NOTARY,TYPED, PRINTED, (�R STAMPED) PERSONALLY KNOWN �f/ OR PRODUCED IDENTIFICATION L ads s ,V� f FLORIDA July 2, 2001 Miguel Ocana MEF Construction, Incorporated 782 NW 42 Avenue Miami, FL 33126 RE: NW Neighborhood Beautification —Phase III SW Neighborhood Beautification — Phase IV Dear Mr. Ocana: On June 26, 2001, the Dania Beach City Commission adopted Resolution No. 2001-113 approving the agreement with MEF Construction, Inc. for the above- referenced Community Development Block Grant programs. We enclose four (4) original agreements for your signature. Please ensure that • your signature is notarized.- Upon execution, please return all three (3) original agreements to me. In addition, please review Section 8.5 "Required Insurance" in the agreement to ensure that all insurance requirements have been met before the project begins. Should you have any questions regarding insurance, please contact Sheryl Chapman, Administrative Services Director, at (954) 924-3630. If you have any questions regarding this project, please contact Jason Nunemaker, Acting City Manager, at (954) 924-3610. Sincerely, Ch rene o nson Acting City C rk /cj `Broward's First City', 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us Ilk.___1 tow 9t aqhx FLORIDA July 17, 2001 John Fernandez Broward County Community Development Division 201 South Andrews Avenue, 2"d. Floor Fort Lauderdale, FI 33301 RE: NW Neighborhood Beautification —Phase III SW Neighborhood Beautification — Phase IV Dear Mr. Fernandez: We enclose a fully executed original of the construction agreement with MEF Construction Inc. relating to the above-referenced project. If you have any questions regarding this project, please contact Jason Nunemaker, Acting City Manager, at (954) 924-3610. Sincerely, 4 Charlene Jo son Acting City Clerk /cj cc: Robert D. Cole, Craven Thompson & Associates, Inc. "Broward's First City' 100 Wesr Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY W ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL WrasCORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in ka, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Michael Bonet, John U. Harrold, M. Stephen Jackman or Karen Debardas Of Miami, FL their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof ----------- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEMOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 04 day of May 2001 FIREMAN'S FUND INSURANCE COMPANY J%"" '�r� E r t•�,. �.�`�, ��` `•� f/0-•:�``' '4,`�E NATIONAL SURETY CORPORATION ` :SEA L THE AMERICAN INSURANCE COMPANY B.SEPL;L ^J y E .. •, tor}: �� c 6 r - A SSOCIATED INDEMNITY CORPORATION 1C AUTOMOBILE INSURANCE COMPANYi CE STATE OF CALIFORNIA ILki COUNTY OF MARIN }SS. B y Via-President On this 04 day of May 2 0 01 ,before me personally came Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A.GAZZOLI D 0 COMM.#1262236 Q tee+ NOTARY PUBLIC-CALIFORNIA Q MARIN COUNTY 0 My Comm.Expires April 29,2(104 '� ` N is STATE OF CALIFORNIA I SS CERTIFICATE COUNTY OF MARIN I. the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors; set forth in the Power of Attorney,are now in force. S' and sealed at the Coun:y of Marin. Dated the 12 th day of July 2001 C ttV,0JUS Q �� _ `�, 2 a - ••• a t.8 E A Z SEVT.l'O70 � �= '• y xa�: E-.g .. �Ncc co`4 4Rc['co► ��aes ..'� Resident Assistant Saxe DATE(' 11MM/DD/YY) AT. 7/16l01 PRODUCER 305 591-0090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE S EITLI N DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE • POLICIES BELOW. 2001 NW 107 AVE., SUITE 200 COMPANIES AFFORDING COVERAGE MIAMI, FL 33172 COMPANY A CGU Insurance Group INSURED COMPANY MEF Construction, Inc. B Bridgefield Employers Ins. Co. COMPANY ATTN: Miguel Ocana C 782 N.W. 42nd Avenue, #640 COMPANY Miami FL 33126 D COVERAGES . ... ......... THIS IS TO CERTIFY THAT TIHI POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TILE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFF. POLICY EXP. LIMITS DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE 2000000 A X COMM.GENERAL LIABILITY CZR731746 8/08/00 8/08/01 PROD-COMP/OP AGG. 2000000 CLAIMS MADE ETI OCCUR PEES.&ADV.INJURY 1000000 OWNER'S&CONTRACT'S PROT EACH OCCURRENCE 1000000 FIRE DAMAGE(One Fire) innnno MED EXP(Anp one person) 5000 AUTOMOBILE LIABILITY COMBINED SINGLE A X ANY AUTO BIND382896 8/08/00 8/08/01 LIMIT 1000000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE 3000000 A [IUMBRELLA FORM CZDW56221 8/08/00 8/08/01 AGGREGATE 3000000 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS "''' EMPLOYERS'LIABILITY B WCO21 1700 1/01/01 1/01/02 EACH ACCIDENT 500000 THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT 500000 PARTNERS/EXECUTIVE OFFICERS ARE: RX EXCL DISEASE-EACII EMPL. 500000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEIHCLES/SPECIAL ITEMS RE: NW NEIGHBORHOOD BEAUTIFICATION- PHASE III NW NEIGHBORHOOD BEAUTIFICATION - PHASE IV CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY CEitTT?~1GA rE HOLTIER CANCELLA I TON... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF DANIA BEACH EXPIRATION DATE THEREOF,TIE ISSUING COMPANY WILL ENDEAVOR TO • MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE IIOLDER NAMED TO TIME 100 W. DANIA BEACH BLVD. LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR DANIA, FL 33004 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE --� AORIl< S S 3193 4 FIREMAN I EM^ NfS FIREMAN FUND INSURANCE COMPANY BOND No. 11133578523 j,lj�ji j�I��l�1Ir1� J THE AMERICAN INSURANCE COMPANY • 'U ♦ NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY PERFORMANCE AND PAYMENT BOND INSURAN C E C OM PAN I ES HOME OFFICE. SAN FRANCI',CO, CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we MEF Construction, Inc. National Surety Corporation as Principal and as Surety, are bound to City of Dania Beach, Florida herein called Owner, in the sum of One Hundred Eighty Six Thousand Five Hundred Thirty Six and 00/100-----------------Dollars for the payment of which we bind ourselves, our personal representatives, successors and assigns, jointly and severally. WHEREAS, Principal has entered into a contract dated 19 •with Owner for NW Neighborhood Beautification Project —Phase III SW Neighborhood Beautification Project -Phase IV which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS BOND is that if Principal: 1. performs the contract at the times and in the manner prescribed in the contract and 2. promptly makes payments to all persons supplying Principal with labor, materials and supplies, used directly or indirectly by Principal or subcontractors •