HomeMy WebLinkAboutR-2001-184 RESOLUTION NO, 2001-184
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING AN AGREEMENT WITH SHORELINE
FOUNDATION, INC. FOR THE PURPOSE OF PROVIDING
CONSTRUCTION OF A BOAT RAMP, DREDGING, DOCKS, AND
UPLAND PARKING AND DRAINAGE FOR GRIFFIN MARINE
PARK; AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach advertised to bidders the City's desire to
hire a contractor to provide Public Boat Ramp and Parking Improvements to Griffin
Marine Park and has received a qualified bid for such services; and
WHEREAS, the City of Dania Beach desires to contract for construction services
for a boat ramp, dredging, docks, and upland parking and drainage with Shoreline
Foundation, Inc., in accordance with said contract documents and technical
specifications for Griffin Marine Park.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACHI FLORIDA:
Section 1. That certain Agreement between the City of Dania Beach and
Shoreline Foundation, Inc. for providing Public Boat Ramp and Parking Improvements to
Griffin Marine Park, a copy of which is attached hereto and marked Exhibit "A"', is
hereby approved and the appropriate city officials are authorized to execute same.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests
of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 25th dG f SEPTEM�B��2001 .
PATRICIA FLURY
MAYOR— COMMISSIONER
1 RESOLUTION NO. 2001-184
ATTEST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CH RLENE JOHIfIS N COMMISSIONER MIKES - YES
ACTING CITY CLESK VICE-MAYOR CHUNN -YES
MAYOR FLURY - YES
APPROVED AS TO F0,JjM AND CORRECTNESS:
BY: Ad �(\
THbivVAsbi. ANSBRO
CITY"ATTORNEY
2 RESOLUTION NO. 2001-184
07
•
EDC Corp. Environmental Development Consultaio
nts orporation
2455 SW 27th Avenue, Suite 300 305.858.8100 PH•305.858.4760 FAX
Miami, Florida 33145 www.edc-corp.com
September 18, 2001
Mr. Jason Nunemaker
Acting City Manager
City Of Dania Beach
100 West Dania Beach Blvd.
Dania Beach Florida 33004
RE: Griffin Marine Park Public Boat ramp and parking Improvements, City of
Dania Beach, Florida
Dear Mr. Nunemaker:
We have reviewed the bid proposals submitted to the City of Dania-Beach on
September 7, 2001 for Griffin Marine Park "Public Boat Ramp and Parking
Improvements". The base bid includes items for construction of a boat ramp, dredging,
docks, and upland parking and drainage. A bid additive for landscaping, and a $20,000
special provision for allowances was also included.
A total of six (6) bidders responded to our request for bids. Based on the responses,
Shoreline Foundation, Inc. is the lowest responsible qualified bidder. Shoreline's bid,
including additives is $361,350. A copy of the spreadsheet itemizing all bids is attached
for reference.
Shoreline Foundation Inc. is a contractor specializing in marine construction. They have
the knowledge and expertise to construct the marine related elements of the work and
will act as general contractor for the miscellaneous upland parking improvements. I
personally can attest to Shoreline's ability to perform the work included within the time
and budget allocated in the contract. I recommend that the City approve the contract
with Shoreline Foundation Inc. in the amount listed for this project.
If you have any questions, please do not hesitate to contact us.
Sincerely,
EDC Corporation
Kevin McCabe, PE
President
11N1ajn,,main d1FDC Projec-Flies\Gffin Marine Park\t_etter o(F ecornm nda ion-1S, oCrl.doc
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• State of Florida ) BID BOND
County of BROWARD ) SS
City of DANIA BEACH )
KNOW ALL PERSONS BY THESE PRESENTS,that SHORELINE FOUNDATION,INC.
as Principal, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety,
are held and firmly bound unto the City of Dania Beach,in the penal sum of
FIVE PERCENT OF THE AMOUNT BID Dollars and Cents
($ s%------------------- )lawful money of the United States,for the payment of which sum
well aria truly To')a macle ,we bind ourselves,our heirs,executors, administrators and
Successors,iotntly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has
submitted the accompanying bid, dated SEPTEMBER 7 2001
• for:
NOW THREFORE:
(a) If the principal shall not withdraw said aid within sixty (60) days after date of opening
the same, and shall within ten (10) days after the prescribed form are presented to
him for signature, enter into a written contract with th,'. City, in accordance with the
bid is accepted, and give bond with good and sufficient surety or sureties, as may be
required,for the faithful performance and proper fulfillment of such contract,. or,
(b) In the event if the withdrawal of said bid within the period specified, or the failure to
enter into such contract and give such bond within the time specified, if the principal
shall pay the City the difference between the amount specked in said bid and the
amount for which the City may procure the required imork and supplies, if the latter
amount be in excess of the former, then the above obligation shall be void and of no
effect, otherwise to remain in full force and virtue.
BB-1
RID BOND
Page 2
IN WITNESS WHFREOF, the above bouna parties have executed this instrument under their
several seals, this 7 TH day of SEPTEMBER ,A.D.,20 01
the name and corporate seal of each corporate party being hereto affixed and tnese presents
duly signed by its undersigned representative. pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, PRINCIPAL:
two(2)Witnesses are required If Corporation,
Secretary only will attest and affix sea(.)
SHORELINE FOUNDATION,INC.
(Name of Firm)
(Sign.of Auth.Officer—Affix Seal
(Title)
2781 S.W. 56 AVE.
(Business Address)
PEMBROKE PARK FL. 33023
(City) (State) (Zip)
SURETY
TRAVELERS CASUALTY AND SURETY COMPANY OF AMI RICA
c�rporate�$urvey)
(Sufery"'Secretary) (Sign. Of Auth. Officer—Affix Ssal)
AT ITORNEY-IN-FACT&FL. RES. AGENT
(Title)
1000 LEGION PLACE 11TH FLOOR
iBusiness Address)
ORLANDO FL. 32802
(City) (State) (Zip)
68-2
BID BOND
Pagc 3
MATSON-CHARLTON SURETY GROUP
(Name:of Local Insurance Agency)
770 SOUTH DIXIE SUITE 770
CORAL GABLES,FL.33146
(Address)
305 662-3852
(Telephone Number)
The rate of premium on this bond is N/A per thousand
Total amount of premium charges$N/A
(the above must be filled in by Corporate Surety)
C1=RTIFICATE AS TO CORPORATE PRINCIPAL
certify that I am the Secretary of the
Corporation named as Principal in the within bona;that
who signed the said bond on behalf of the Principal,was then
of said corporation;that I know his signature, and Mti
signature hereto is genuine; and that said bond was duly signed, sftaled and attested for and in
behalf of said corporation by authority of Its governi body.
orate Seal)
State of Florida )
County ofMIAMI-DADE ss
City of MIAMI
Before me, a Notary Public duly commission", qualified ana actinll personally appeared
D.W. MATSON I11.
to me well known, who being by me first duly sworn upon oath, says that he/she is the attorney-
in-fact,for the TRAVELERS CASUALTY AND SURE"I Y COMPANY OF AMERICA and that
he/she has peen authorized by J" S PRESIDENT to execute the foregoing
bond on behalf of the Contracwr named therein in favor of The City of DANIA BEACH . Florida.
Subscribed and sworn to before me this 7 I'll nay of SEPTEMBER , A.D.,
2001
INSTRUCTIONS- Bid Bonds must be -------
accompanied oy an Affidavit and a otary Public
Power of Anomey, ,n compliance wltn
Instructions to Bidders. My Commission Expires.
MAY 22, 2005
?..^ Eduardo Menendez
' MY COMMISSION# DD028196 EXPIRES
BB-3
: a. May 22, 2005
INC ON iHRU TROY FAIN INSURANCE
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06193-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hanford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: D. W. Matson III, John W. Charlton, of Coral Gables, Florida, their true and lawful
Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United
States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and
other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the
Companies, and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President;any Vice President,any
Second Vice President, the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or an�
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal, i±
required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority o)
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and b,
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURET)
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTI
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vic
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to an
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact f(
purposes only of executing and attesting bonds and undertakings and other vvi-itings obligatory in the nature thereof,and any such power of attomc
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed an
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond
undertaking to which it is attached.
H 1-oa star,d_,rd)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 12th day of January 2001.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
cj�1(Y AND 01.su,�
��NosusEr��q U'o sum o� °�lrl
IiARTFORU W NARTFORD, Z 1982� O BY
CONN. 1.1
v CONN. i �d �a George W. Thompson
Senior Vice President
On this 12th day of January, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,'stock corporations o
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Autliorit.
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as sc
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 7 th day of
September 12001.
��oY.Nncui:rv.y. OHARTFORD
�`S U:W,I,�, O 1 9 8 2 OBy
Kori M. Johanson
a Assistant Secretary, Bond
r
AGREEMENT
THIS IS AN AGREEMENT ("Agreement"), dated l 2001 between: The
City of Dania Beach ("City"), with a business location at 100 WEST DANIA BEACH
BOULEVARD, DANIA BEACH, FLORIDA, 33004, and SHORELINE FOUNDATION, INC.
("Contractor"), a Florida Corporation with its principal place of business located at 2781 SW
56T" AVENUE, PEMBROKE PARK, FLORIDA, 33023.
(address)
In consideration of the mutual terms, conditions, promises, covenants and payments set
forth in this Agreement, the sufficiency and receipt of which are acknowledged, the City and
Contractor agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement,
and to generally express the objectives and intentions of the parties, the following statements,
representations and explanations are the predicates for the undertakings and commitments
included within the provisions which follow, and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is based.
1.1 The Contractor, for the consideration fully set out below, shall furnish all the
materials, equipment and labor to perform all work necessary to complete the Project, all in full
and complete accordance with Exhibit "A" and the City's Invitation to Bid, which are both
attached and made parts of this Agreement. The "Project" consists of materials, equipment
and labor necessary to complete the Griffin Marine Park of the City of Dania Beach, as such
items are more particularly described in the specifications which are a part of Contractor's
executed Bid Proposal, which proposal is incorporated into and made a part of this Agreement
as Exhibit "A", attached.
1.2 On September 25, 2001, the City awarded the bid to Contractor and authorized
the proper City officials to enter into this Agreement with Contractor to complete the Project.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 Contractor agrees to do everything required by this Agreement and to comply
with any and all other provisions in the documents and items incorporated by reference into this
Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off-
site disposal, which is or may be necessitated by its work on and around the Project site.
2.2 Contractor agrees that all work performed under this Agreement shall be done
in a professional manner and that Contractor's efforts will produce a quality result.
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2.3 Contractor represents to the City, with full knowledge that the City is relying
upon these representations when entering into this Agreement with Contractor, that
Contractor has the expertise, experience and work force sufficient to timely perform the
services to be provided by Contractor pursuant to the terms of this Agreement.
2.4 Contractor represents to the City that Contractor is properly licensed by all
applicable federal, state and local agencies to provide the services specified under this
Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any
reason by any governmental agency, Contractor shall notify the City in writing immediately.
2.5 Contractor agrees to conduct all work and services under this Agreement in
accordance with all applicable federal, state and local laws and regulations. Contractor will
identify all governmental authorities and agencies having jurisdiction to approve work involved
in the Project and Contractor agrees to obtain all permits and approvals from any and all such
governmental authorities which have jurisdiction. If permitted by the permitting agency, and if
the City can realize a cost savings by such action, the City may authorize the Contractor to
seek required permits on behalf of and in the name of the City as its Contractor, provided,
however, that Contractor agrees to fully indemnify and hold harmless the City in all respects as
a result of the obtaining of any and all such permits and approvals. Without limiting the
foregoing, the City agrees to reimburse Contractor, upon the City's receipt of adequate proof
that Contractor has paid same, the amounts of all permit fees incurred by Contractor in
connection with the applications, processing and securing of approvals or permits which are
required to be obtained from all governmental authorities which have jurisdiction over any and
® all aspects of this work, except the City's permits and fees which shall be waived and except
for so much of any fees as to which the City is required to remit to other governmental
agencies.
2.6 The City's Engineer, EDC Corporation, or his designated representative, will
be the person through whom Contractor must communicate all information pertaining to the
Project.
2.7 Contractor shall guarantee the entire Project against poor workmanship and
faulty materials for a period of one (1) year after final payment and shall immediately correct
any defects, which may appear during this period upon written notification by the EDC
Corporation Official or his designated representative. Contractor waives any and all rights to
claim any statute of limitations defense as to any condition that may arise under this guarantee.
ARTICLE 3
TERMS AND CONDITIONS
3.1 Contractor shall begin to perform the Project work commencing no later than
thirty (30) days from the date first above written and shall notify the City in writing of the date
work did commence (the "Commencement Date"). Contractor shall complete the Project work
no later than one hundred eighty (180) days after the Commencement Date and notify the City
in writing of the date of completion of that work (the "Completion Date").
10
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ARTICLE 5
CHANGES IN SCOPE OF WORK
The City or Contractor may request changes that increase, decrease or otherwise
modify the Project, as described in this Agreement. These changes may affect the
compensation specified above and, if so, they must be described in a written amendment,
executed by the authorized agents of both of the parties, prior to any deviation from the terms of
this Agreement. In no event will Contractor deviate or permit deviation from the work
described in this Agreement or the Specifications, without the City's advance written consent.
ARTICLE 6
PROTECTION OF CITY'S PROPERTY
At all times during the performance of this Agreement, the Contractor shall protect the
City property from all damage whatsoever on account of Contractor's performance of work
toward completion of the Project described by this Agreement.
ARTICLE 7
INDEMNIFICATION
7.1 The Contractor agrees to protect, defend, indemnify and hold harmless the City,
its appointed officers, employees and agents, from and against any and all claims, demands or
causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys'
fees, liabilities, damages, orders, judgments and decrees, sustained by the City and any third
party arising out of, or by reason of, or resulting from the Contractor's work toward completion
of the Project, Contractor's reckless acts, or negligent acts, or both and any and all errors or
omissions of whatsoever kind up to a maximum amount of the Total Agreement Amount.
Without limiting the foregoing, any and all such damage to property, defects in materials or
workmanship, actual or alleged infringement of any patent, trademark, copyright or of any actual
or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation
or decree of any court, is included in the indemnity. The Contractor further agrees to
investigate, handle, respond to, or pay the costs of defense for any such claims etc., at his/her
sole expense and agrees to bear all other costs and expenses related thereto, even if the
claim(s) is/are groundless, false or fraudulent.
7.2 The Contractor agrees to release the City from and against any and all liability
and responsibility in connection with the Project work. If Contractor exposes the City to
liability for any reason arising out of the Project work, Contractor's compensation may be
withheld until the City can determine the extent of the City's exposure and the City retains the
right to offset any amounts related to such matters against Contractor's compensation, if any.
The City will notify Contractor in writing when it determines Contractor may have exposed the
City to any liability and the City will provide a reasonably ascertainable date by which resolution
of the exposure, offset or both will be determined.
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ARTICLE 8
0 INSURANCE
8.1 The Contractor shall not commence work under this Agreement until
:ractor has obtained all insurance required under section 8.4 of this Article ("Coverage")
Such Coverage has been approved by the Risk Manager of the City. The Contractor shall
:flow any subcontractor to commence work on any subcontract until the subcontractor, as
ded in section 14.3, below, and all Coverage required of any subcontractor, have been
oved by the City. In addition, Contractor shall be responsible for any policy deductibles
Self-insured retentions.
8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence
Coverage. They shall be filed with the City Risk Manager within ten (10) days of the date
above written. These Certificates shall contain a provision that Coverage afforded under
policies will not be canceled until at least thirty (30) days prior written notice has been
i to the City. Policies for Coverage shall be issued by companies authorized to do
less under the laws of the State of Florida and any such companies' financial ratings must
o less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by
Best Guide.
policy of Certificate of Insurance for the required insurance specified above, should contain
ollowing:
e of insurance carrier (s);
ctive and expiration date of policies;
Thirty days written notice by carrier of any cancellation or material change in any policy;
Duplicate Policy Certificates of Insurance stating that the interests of the City are included
as an additional named insured, and specifying the projectllocation.
** Such insurance shall apply despite any insurance, which the City may carry in its own
name.
8.3 Coverage shall be in force until all work required to be performed under the
is of this Agreement is satisfactorily completed as evidenced by the formal acceptance by
City. In the event insurance certificates provided to the City indicate that the insurance
I terminate and lapse during the period of this Agreement, then in that event, the
:tractor shall furnish, at least thirty (30) days prior to the expiration of the date of such
rance, a renewed certificate of insurance as proof that equal and like Coverage for the
nce of the period of the Agreement and any extension of it is in effect. THE
JTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS
2EEMENT UNLESS ALL COVERAGE REMAINS IN FULL FORCE AND EFFECT, SUCH
_AY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS
REEMENT.
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
ATTEST: CITY OF DANIA BEACH, FLORIDA
A municipal corporation
By: IA—i
Charlene Johnso at Fury
Acting City Clerk M yo - m issioner
Approved as to form and correctness: By:
son N64maker
cting City Manager
Thomas Ansbr6L6ty4ft rney
CONTRACTOR:
SHORELINE FOUNDATION INC.
COMPANY NAME
CORPORATE SEAL: ay
(IF APPLICABLE) SIGNATURE
S. Michael Betancourt
PRINT NAME
Vice President
TITLE
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, an officer duly authorized b to administer oaths and take acknowledgments, personally
appeared S Z--- A rP a N 1 and as
, respectively, of Contractor, Florida 6g)P69i9Tj6
and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the
instrument is the act and deed of the Contractor.
IN WIT S F HE FOR YOING, I have set my h and official seal t4i the State and County
aforesaid on � C Y ���� Ir�i�i . 2001
L/1
c`I\ ��o9Fs'; fstary Public, State of Florip at Large
— a•o - � * = 'My Commission �-xpires�
i
#CC 677361 :,
/////i';'4
GENERAL PROVISIONS
Schedule of Values: The schedule of values to be submitted shall be typed on Contractor's furnished
forms. Number and title of major specifications section shall identify each line item, and the Engineer
will provide minimum requirements. The Contractor shall list the installed value of each item of work and
each subcontracted item of work as separate line items, which will serve as the basis for computing
values for the Progress Payments. Contractor will round off values to the nearest dollar. The sum of
values listed shall equal total cost of the contract. The Contractor shall submit three (3) copies of the
Schedule prior to the award of the contract, the form and the content of which must be acceptable to
both the Engineer and the Owner. The Contractor shall provide substantiating data to the Owner or
Engineer when necessary to justify line item amounts in question.
Field Office: It has been determined that the Contractor will not have to provide a field office or
construction trailer for this project.
Interference with Operations: The Contractor shall minimize interference with the use of channels and
passages. The Owner's Representative will direct the shifting, moving of equipment, or the interruption
of operations to accommodate the use of the facility, if necessary.
Compensation for Interruption of Operations: The Contractor shall cooperate with the Owner with
regard to all operations and coordinate his work accordingly. Unless the Contractor's operations are
suspended for a substantial period of time (exceeding 24 hours), no adjustment to the Contract Sum will
be made. The Owner's Representative will notify the Contractor 24 hours prior to the time that will affect
shoreline operations.
Safety of Structures: The prosecution of work shall ensure the stability of the existing shoreline, or
other structures lying on or adjacent to the site of the work, insofar as structures may be jeopardized by
work. The Contractor shall be responsible for damages resulting from construction operations.
Plant Removal: The Contractor shall promptly remove plants, piles, and other obstructions upon
completion of the work.
Basis of Payment: Based upon Applications for Payment submitted to the Engineer by the Contractor
and Certificates for Payment issued by the Engineer, the Owner shall make progress payments on
account of the Contract Sum to the Contractor less 10% retainage.
The Contractor is invited to perform his own field investigation, take his own measurements, make his
own estimate, and present any discrepancies in writing to the Engineer three (3) working days prior to
bid opening. If valid, an addendum will be issued. If not valid or of no consequence as determined by
the Engineer, the Contractor shall base his bid on being paid for quantities that will not exceed the
estimated quantity.
Contractor is responsible for all survey, layout, geo-technical, concrete, and density testing and shall
include costs within the amount of the base bid. The building permit fee for this work will be waived by
the City.
Application and Submittal of Payment: Type the required information or use media-driven print-out.
Execute certification by signature of authorized officer. Use data on the accepted schedule of values
and provide dollar value in each column for each line item for portion of work performed and for stored
products. List each authorized change order as an extension of continuation sheet, listing the change
C-13
order number and dollar amount as for an original item or work. Submit three (3) copies of each
application for payment each time it is stipulated in the agreement. When the Owner or Engineer
requires substantiating information, the Contractor will submit data justifying the line item amounts in
question. The Contractor must show the application number, date and line item by number and
description. AIA Forms G702/G703 are acceptable forms for application for payment.
C-14
SPECIAL CONDITIONS
General: It is the intent of the contract to provide for revetment of the shoreline to the lines and grades
shown on the drawings.
Location: The site is located at the northeast corner of SW 45th Street and SW 30th Avenue abutting the
southern shore of the Dania cut off canal.
Permit Requirements: The Contractor shall comply with all conditions of the Florida Department of
Environmental Protection (FDEP) permits, Broward County DPEP and Corps of Engineers, and the City
of Dania Beach permits that have been obtained for this project. The regulatory permits and license
have been obtained by the Owner and will be attached to these specifications prior to execution of the
contract.
Preservation of property: The Contractor shall preserve from damage all property along the line of
work or which is in the vicinity or is in any way affected by the work, the removal or destruction of which
is not called for by the plans and specifications. The Contractor shall leave each section of the work
dressed to the lines and grade shown on the plans.
The Contractor shall erect and maintain all necessary barricades, suitable and sufficient fencing, and
signs and shall take all necessary precautions for the protection of the work and safety of the public.
All operations of the Contractor, including storage of materials upon the premises, shall be confined to
areas authorized by the Owner. No unauthorized entry upon or passage through, or storage or disposal
of materials, shall be made on the premises. Premises adjacent to the construction will be made
available for use by the Contractor without cost, whenever such use will not interfere with other Owner
uses or purposes.
Operation: All elevations are referenced to National Geodetic Vertical Datum (NGVD).
Changes in the work: It is the Contractor's responsibility to maintain detailed records of the work
performed on time and materials basis. The Contractor will provide the information necessary for an
evaluation of contract changes, and to substantiate costs and/or time extensions to the contract. The
data necessary to support quotations and/or change computations are: Quantities of materials, labor
and equipment; Taxes, insurance and bonds; Overhead and profit; Justification for changes in contract
time; and Credit(s) for deletions in contract requirements.
The Contractor shall support requests for additional cost for work performed on a time and materials
basis utilizing the following additional documentation: Origin and date of authorization: Dates and times
work was performed and by whom the work was performed; Time records and actual wage rates paid to
those performing . the work; Invoices and receipts for materials and equipment; and similar
documentation from all involved subcontractors.
An authorization/change order shall be authorized by the Engineer and the Owner based on a Change
Proposal Request and properly itemized Contractor's lump sum quotation. The Engineer will determine
the change allowable in the Contract Sum and Contract Time based on the Contractor's submission. All
changes in the Contract Time must be authorized by an approved Change Order to the Original
Contract.
Survey Work: The Contractor will lay out work baseline prior to beginning construction. It shall be the
� responsibility of the Contractor to verify the accuracy of the given survey.
C-15
The City will provide at least one (1) benchmark for use by the Contractor. The Contractor is
responsible for establishing control elevations at work site.
Basis For Bids: Existing site conditions are as noted on the plans. The Contractor is responsible for all
other conditions encountered during construction.
Quantities: Quantities for bidding purposes have been estimated based on information shown on the
plans.
Hours of Operation: The Contractor shall confine his hours of operation between the hours of 9 AM to
5 PM, Monday thru Friday, or as approved in advance by the City.
Compensation for Interruption of Operations: The Contractor shall cooperate with the Owner with
regard to all operations and coordinate his work accordingly. Unless the Contractor's operations are
suspended by the Owner for a substantial period of time (exceeding 24 hours), no adjustment to the
Contract Sum will be made.
Plant: The Contractor shall be responsible to maintain their equipment to meet the requirements of the
work.
Insurance: The Contractor Shall:
I. Public Liability: Provide City's, Contractor's Protective Liability Insurance, including the City as
an additional insured, with minimum limits not less than $1,000,000,00 per occurrence combined
® single limit for bodily injury and property damage.
II. Builder's Risk: If a structure is to be erected, the Contractor must also provide Builder's Risk
Insurance for the full insurable value of the premises being constructed, and the policy should be
endorsed to the effect that the interests of the Owner are included as a loss payee and the carrier
waives all rights of subrogation against the Owner.
III. Subcontractor Insurance: Contractor is advised to require all of its subcontractors to provide the
aforementioned coverage as well as any other coverages that the Contractor may consider
necessary, and any deficiency in the coverages or policy limits of any subcontractors will be the
sole responsibility of the Contractor.
C-16
CONTRACT CLOSEOUT PROCEDURES
Substantial Completion: The date of substantial completion of a project or specified area of a project
is the date on which the construction is sufficiently completed, in accordance with the contract
documents, or as modified by a change order agreement, so that the Owner may occupy the project or
specified area of the project for the use for which it was intended.
Procedures:
1) All work must be completed to the satisfaction of the Engineer and appropriate Regulatory
.Agencies having jurisdiction over the work.
2) When the Contractor considers the work, or a specific part thereof, substantially complete, the
Contractor will provide written notice to the Engineer in the form of a Contractor's Request for
Substantial Completion Inspection together with the Substantial Completion Inspection Punch
List Items form, which form will list items to be completed or corrected with notes indicating
projected completion date of each item. The Engineer will inspect the status of the work within a
reasonable time after the receipt of Contractor's request.
3) If the Contractor is notified in writing, that the Engineer determines that the work is not
substantially complete and/or the Contractor's Punch List is seriously deficient in providing a true
representation of the status of the work, the Contractor shall remedy deficiencies noted in the
Engineer's notification and send a second request for inspection.
4) At the time the Engineer determines that the work is substantially complete, a Substantial
® Completion Inspection - Punch List form and detailed Punch List will be prepared and forwarded
to the Contractor for corrective action.
5) Within fourteen (14) days of receipt of detailed Punch List, the Contractor shall review the
document, request clarification if necessary and notify the Owner and Engineer in writing of the
items on the Punch List, which the Contractor believes are not a part of the Contract Work.
Failure on the part of the Contractor to so notify the Owner and the Engineer will constitute
acceptance by the Contractor of the list and agreement to correct deficiencies within the time
noted.
6) Upon acceptance of the Punch List, a Certificate of Acceptance for Substantial Completion will
be prepared and executed.
Final Completion: When the Contractor determines that all work indicated in the Substantial
Completion Punch List as prepared by the Engineer is complete, the Contractor shall submit written
certification that the work has been inspected for compliance with the contract documents, that the work
has been completed in accordance with the contract documents and that deficiencies listed within the
Certificate of Acceptance for Substantial Completion and its attachments have been completed, and that
the work is complete and ready for final inspection. When the Owner and Engineer determine that the
work is complete, the Contractor will provide close-out submittals. If the Owner and Engineer find that
the work is incomplete, the Contractor will be notified in writing of all observed deficiencies, and the
Contractor will remedy the deficiencies and submit a second certificate.
Submittals-Substantial Performance: This submittal shall include the Contractor's Request for
Substantial Completion Inspection together with Substantial Completion - Punch List Items indicating
Contractor's evaluation of the status of the work completed; evidence of compliance with the
requirements of governing authorities; project record documents; evidence of payment, including
Subcontractor's statements of satisfaction, and/or consent of surety to requisition payment.
C-17
Submittals-Final Acceptance: This submittal shall include the Contractor's certificate that the
Contractor Work and Substantial Completion Inspection - Punch List Items have been completed in
accordance with Contract Documents; warranties and,bonds; evidence of final payment and final release
of claim, the final release of claim must be furnished for all subcontractors and material suppliers of
record for the project, the Owner may at its option accept a properly executed consent of surety to
requisition payment in lieu of the Final Release Claim.
Upon completion of the Contract Work, the Owner will prepare a Certificate of Final Acceptance
reflecting adjustments to the Contract Sum, including the original contract sum; the total of all
adjustments to the contract sum, including but not limited to, change orders, final adjustments to
contingency allowance, deductions for uncorrected and/or nonconforming work, deductions for re-
inspection fees and/or retesting due to failed tests and other adjustments to the contract sum;
deductions for liquidated damages, assessed after substantial completion; final adjusted contract sum.
The Engineer will issue a final Change Order, if required, to reflect approved adjustments to the contract
sum.
•
C-18
Invitation to Bid
City of Dania Beach
Notice is hereby given that the City of Dania Beach, Florida is seeking
sealed bids for the following work as specified:
GRIFFIN MARINE PARK
PUBLIC BOAT RAMP AND PARKING IMPROVEMENTS
In general, the work includes furnishing all labor, materials, equipment, and
supervision to clear the site and to construct a new boat ramp and
landscaped boat trailer parking area. The work includes construction of a
new boat ramp, asphalt driveways and walks, parking areas, concrete
curbing, storm drainage system, lime rock riprap, and landscaping, as per
the plans and specifications prepared by EDC Corporation.
A pre-bid conference will be held on Wednesday, August 29, 2001, at 10:30
a.m. in the Administration Center Conference Room.
Bids will be accepted until 3:00 p.m. on Friday, September 7, 2001, in the
office of the City Clerk, Administration Center, 100 West Dania Beach
Boulevard, Dania Beach, Florida 33304, at which time the bids will be
opened and read aloud in the conference room. A Bid Bond of five percent
(5%) of the base bid must accompany the bid. Sealed envelopes must be
submitted and plainly marked:
"Bid- Griffin Marine Park Public Boat Ramp
and Parking Improvements Project"
Contract Documents and Plans may be examined and purchased from EDC
Corporation, 2455 SW 27t" Avenue, Suite 300, Miami, FL 33145. A non-
refundable charge of $60.00 per set is required and there will be no extra
charge for Fed-Ex mailing the contract documents.
The City of Dania Beach reserves the right to accept and/or reject any or all
bids with or without cause and to waive any or all informalities or
irregularities as it may deem to be in the best interest of the residents of
the City of Dania Beach.
The City of Dania Beach encourages participation by SDBE firms.
The project is funded and Davis Bacon is applicable.
Charlene Johnson, CMC
Acting City Clerk
Published:
113-I