HomeMy WebLinkAboutR-2000-081 RESOLUTION NO. 2000-081
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING A CHANGE ORDER IN THE
AMOUNT OF $9,967.43, SUBMITTED BY STRAWBRIDGE
BUILDING CONTRACTORS, INC., FOR
RENOVATION/RESTORATION OF THE
NYBERG/SWANSON HOUSE; PROVIDING THAT THE
ORIGINAL CONTRACT AMOUNT OF $60,000.00 SHALL
BE INCREASED TO $69,967.43; 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 Change Order in the amount of $9,967.43,
submitted by Strawbridge Building Contractors, Inc. for renovation/restoration of the
Nyberg/Swanson House, increasing the original contract price from $60,000.00 to
$69,967.43, in substantial form as Exhibit "A", is approved and the appropriate city
officials are authorized to execute it. The City Manager and City Attorney are authorized
to make minor revisions to such Change Order as are deemed necessary and proper
for the best interests of the City.
Section 2. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 13th d y of June, 2000. .
� e
MAYO' - COMMISSI ER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
VICE-MAYOR BERT NO- YES
f SHERYL C APMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
BY: I _
THOMAS . ANSBRO
CITY ATTORNEY
RESOLUTION NO. 2000- 081
FROM FAX NO. : 9545671390 Jun. 06 2000 12:54PM P4
STRAWBRIDGE
M;5=
BUILDING C®N'TRAC'TORS
State Certification#CBC047620
Contract Change Order#1
OS-Jun-00
To:City of Dania Beach
Re: Nyberg-Swanson House-Cost Plus Agreement Dated: December 8, 1999
Total Charges to Date: $ 65,553.14
Total Payments to Date: $ (60,000-00
Balance Due to Date: S 5,553.14
Estimated Additional Cost to Complete:
Project Supervision(18 hours) $ 1,296.00
Week 5.22.00-5,26.00 $ 246.49
Week 5.29.00-6.02,00 $ 531.48
Install&Finish New Custom Door $ 1,850.00
Complete Pointing&Punch List $ 1,267.20
Subtotal $ 6,191.17
Contingency(10%) $ 519.12
Credit(Supervision @ N/C) Subtotal $ 1,296.00)
�29
Balance due to date : $5, 553 . 14
Total Estimated Additional Billing: q
, 96 3
Total Change Order Request: $ 9,967.43
City of Dania Beach
By:
C.K.McElyea,Mayor
Attest:
By:
Cheryl Chapman Michael W.Smith
Acting City Clerk City Manager
(Seal) Signed day of , 2000
Approved As To Form And Correctness:
By; I 1 i►a
Thomas Ansbro, City Attorney
2031 Wilton Manors Dr.,Wilton Manors,FL 33305 0 (954) 567-1388
AGENDA REQUEST FORM
CITY OF DAN IA BEACH
Date: June 6, 2000 Agenda Item #:
646
Title:
Change Order#1 for Renovation/Restoration of the Nyberg/Swanson House
Requested Action:
Approve additional funds for the completion of final items of work (minor touch-up painting,
grouting of exterior block walls, installation of new front door) and additional funds for work
beyond the amount originally budgeted.
Summary Explanation & Background:
The original proposal and agreement with Scott Strawbridge was for the amount of$60,00.00.
This was a reasonable estimate based on the work that was anticipated at the time. The estimate
of$60,000.00 was also based on a time and material basis in order to accomplish the work. The
work has taken place as expected, and in order to accomplish everything that we intended (which
was the waterproofing and repair to damage from water intrusion), it unfortunately took more time
and work than anticipated. The extra funds cover the reasonable costs of performing the work
according to the contract. The amount of$5,553.43 is owed for work done to date for which we
have not paid, and the balance of$4,414.29 is to cover costs of the final work, including installing
the door, for a total change order increase of$9,967.43.
Exhibits (List):
• Change Order from Strawbridge
Letter from Strawbridge
Purchasing Approval:
Prepared By:
Ken Koch, Building Official
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
FROM FAX NO. : 9545671390 Jun. 06 2000 12:52PM P2
STRAWBRIDGE
• a
BUILDING CONTRACTORS
State Certification#CBC047620
Mmormd=
To: Ken Koch- City of Dania
From: Scott Strawbridge
Date: 06/06/00
Re: Nyberg Swanson House Recap/Change Order#1
Dear Ken:
In follow-up to our telephone conversation on last Thursday, I would like to ofler
. the following points:
1. We are attaching in this fax a Change Order for overrun costs for the work
under our contract for restoration tasks at the Nyberg-Swanson Mouse.
2. We are requesting an amount that has a 10%contingency applied to the
projected cost to complete. Our goal in this is to only request one change
order for this project. Our final application for payment(when the special
order door is installed)will only be for the cost and fees required to
complete the outstanding tasks.
3. Due to the short amount of time we were given to study the plans and
deliver the contract to you, we feel that we have given a reasonable effort
with respect to the time and cost for the job.
4. Our Agreement allows for billing of project supervision to be billed at a
rate of$60.00 per hour plus our fee of 20%($72.00/hour). We are offering
to deduct 18 hours of these services from our final hill ($1350.00)-
5. I also want to remind you that our assistance with your original grant
application for this work was done "pro bono". We have also recently
expended additional effort in assisting your staff with the recent
: 1
' z
2031 Wilton Manors Dr.,Wilton Manors, FL 33305 * (954) 567-1388
FROM FAX NO. : 9545671390 Jun. 06 2000 12:53PM P3
June 6, 2000
application for a Special Categories Grant in excess of$275,000. As an
additional courtesy to the City of Dania, we wish to absorb all fees for this
work,and we will strongly consider any request for similar assistance
again in the future.
1 do want to say that it is always our preference to complete our Historic
Preservation projects on time and on-budget and that we regret any inconvenience
we may have caused to the City. Our highest goal,however, is to deliver a durable,
authentic, and safe product. I hope that in this case we will all agree at the end of the
project that that is in tact what we have delivered. Further that if there are any
feelings to the contrary, we will respond to any reasonable request for corrective
work.
Again, thanks for your continued consideration and confidence. I hope we will be
offered the opportunity to work together again.
Sincerely yours,
�soD�4W J
® Scott Strawbridge,Pres.
2
RESOLUTION NO. 242-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE CITY MANAGER TO CONTRACT FOR
THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS,
AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED
$60,000.00 FROM SCOTT STRAWBRIDGE, INC., BUILDING
CONTRACTORS; AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE AN AGREEMENT WITH SCOTT
STRAWBRIDGE, INC. FOR RENOVATION AND
WEATHERIZATION OF THE HISTORIC NYBERG/SWANSON
HOUSE; PROVIDING FOR REIMBURSEMENT OF FUNDS
FROM STATE OF FLORIDA, DIVISION OF HISTORIC
PRESERVATION GRANT; PROVIDING THAT ALL
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4,
Subsection (J), authorizes that contracts for the purchase of supplies, services,
equipment and materials for the city government in excess of fifteen thousand dollars
($15,000.00) shall not be entered into or let except by authorization and approval of the
city commission, after advertisement for bids in a newspaper published in Broward
County, Florida, with such publication to be published weekly for two (2) consecutive
weeks with the first publication to be not less than fifteen (15) days prior the reception
of bids; and
WHEREAS, the city manager has determined that it is necessary to renovate and
weatherize the historic Nyberg/Swanson House in an effort to preserve its historical
value to the City of Dania Beach, and
WHEREAS, the city manager has determined that renovation and weatherization
can be made at the least cost to the city by awarding a bid to SCOTT STRAWBRIDGE,
INC. in an amount not to exceed $60,000.00. Further, the city manager is hereby
authorized to pay the total sum of the renovation and weatherization from the General
• Fund Budget with the understanding that reimbursement of expenditures up to
1 RESOLUTION NO. 242-99
$21,375.00 will be received in the near future from a grant through the State of Florida,
Division of Historical Preservation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute an Agreement
between the City of Dania Beach, Florida and SCOTT STRAWBRIDGE, INC. for
renovation and weatherization of the historic Nyberg/Swanson House, which Agreement
is in substantial form as Exhibit "A", attached; provided, however, 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 2. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED this 10th day of DECEMBER, 1999.
c
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
i
MAYOR BERTINO Absent
VICE-MAYOR MCELYEA- ye s
SHERYL CHAPMAN COMMISSIONER ETLING - yr�s
ACTING CITY CLERK COMMISSIONER CALI - yes
COMMISSIONER MIKES- yes
APPROVED AS TO FORM AND CORRECTNESS:
BY: ) , ) A/A
THOM S j'.cANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 242-99
FROM : FAX NO. 9545245380 Dec. 09 1999 06:49AM P4
SC:OTT �1 TgttaaTT
STRA BRID��YY E,11VC.
• O a
Building C entraotors
State Certification#CBC047620
DATE: December 8, 1999
OWNER'S NAME: City of Dania Beach
CIO Ken Koch
ADDRESS: 100-West Dania Beach.Blvd.
Dania-Beach,.FL. 33004
PROJECT ADDRESS: Historic.Nyperg-Swanson House
1: PARTIES
This contract(hereinafter referred to as "Agreement") is made and entered into
on-this a day-of December, 1999 by and between City of Dania Beach,
(hereinafter.referred to as "Owner");.and Scott-Strawbridge, Inc., (hereinafter
referred to as"Contractor"). In-consideration of Ahe mutual promises contained
herein; Contractor agrees to,performthe following-work,
If.-GENERAL SCOPE OF WORK-DESCRIPTION
1: Repaim..-to Alyberg I Swanson House as per the Scope of Work Only in
the Project Manual prepared by Architect Anthony Abbate and dated 1
November 1999. This agreement specifically exclude the following items
In the Project Manual: Exhibit"A"-Division 00 -00200 Instructions to
Bidders;-.0041.0 Bid Form,00500 Agreement:City of Dania Beach
Standard Form; Exhibit "8"Public Construction Bond.
If. GENERAL CONDITIONS FOR THE AGREEMENT ABOVE
A. CONTRACTOR'S DUTIES
Contractor acknowledges and accepts the relationship of trust implicit in this
Construction Agreement. Contractor agrees to use good efforts, judgment, and
skills to compiete.the work according to..the Contract Documents referred to in
this Agreem"t.-Contractor-agrees to furnish competent construction
management and-administration and to.2dequatety supervise the work in
progress:Contractor agrees-to complete the work in a timely and workmanlike
manner.
Contractor represents and warrants the following to Owner
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FROM FAX NO. 9545245380 Dec. 09 1999 06:49AN P5
1. Contractor is financially solvent..
2. Contractor is able to furnish the tools, materials,supplies, equipment, and
'.labor.required.to complete':the work and perform,his obligations hereunder
and has sufficient experience and skills to do so:
I Contractor will employ unty skilled and properly trained staff for the
performance of the work.Contractor will submit a "Rate Schedule for
Contractor's Personnel" (see-Section.N below)which states the class and
total rate charged for each otbis employees who works on this project.
S.:CONTRACT DOCUMFATS.
The Contract Documents consist of the following documents which are hereby
incorporated by.reference:into:this Agreement:
): Ws Agreement.
2. Any plans,specifications,Or addenda referred to in the General Scope of
Work sectiorr above.
G.-EXCLUSIONS
This-Agreement-does not irmfude.labor:or materials for the following work:
I.- PROJECT SPECIFIC-EXCLUSIONS: Bone
2. STANDARD.EXCLUSIONS:Urdess specifically included in the "General
Scope of Work".section above,this-Agreement does not include labor or
materiats-for the following work (any-Exclusions in this paragraph which have
been-lined-out-and Initiated"by theparties do riot apply to this Agreement):
Removal and disposal of any-materials containing asbestos (or any other
hazardous material as-defined by Ehe EPA}.'_Custom milling of any wood for
use in project Moving Owner's property around-the site. Labor or materials
fequired-to repair or replace any.Owner-supotiied materials. Repair of
concealed underground utilities not located-on prints or physically staked out
by Owner which are dar aged'during construction_.Surveying that may be
required to establish accurate property boundaries for setback purposes
(fences-and otd stakes may notbe located-on actual property lines). Final
construction cleaning (Contractor wilt leave site in"broom swept" condition).
Landscaping-and irrigatiorrwork of.mW kind.- Tiemp.oiary sanitation, power, or
fencing. Correction of exist hg•out-o4lumb or out-of-level conditions in
existing-structure. Correction of concealed-substandard framing.
.Reroutinghemoval of vents,-pipes,ducts, structural members, wiring or
conduits,steel mesh which maybe-discovered in the removal of walls or the
.cutting of openings in walls. Removat and re0lacement of existing rot or insect
infestation not visible at time-of inspection. Failure of surrounding part of
existing structure, despite Contractor's good-faith efforts to minimize "ge,
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such as roof leaks, plaster or drywall cracking and popped nails in adjacent
rooms, oublockage of pipes.or plumbing fixtures caused by loosened rust
within pipes.Exact matching of existing finishes. Repair of damage to existing
Toads,.sidewalks, and drivewaysthat could;occur when construction
equipment and vehicles are being used in the normal course of construction.
3_ FEES-FOR-BUILDING-PERNUTS,PLANS, ENGINtERING &
.ARCHITECTURAL SERVICES,UTILITY CONNECTIONS,AND SPECIAL
TESTING This Agreement does not include the cost of coordinating or
submifting forthe permits; fees; mid services referredlo above. If Owner
-requests-Gontractor to coordinate any of these services or obtain any of the
permits atiave;Contractorwil -perform this work-on an--hourly basis at the
hourly rate of: $60.00
Owner fhot Contractor) is to enter-into contracts for all of the above-
mentioned services and provide direct payment to the people or agencies
contracted.with-for all of 1he.serveces and permit fees in the paragraph above.
tf Owner-requests that Contractormeet Wth Owner and architect or other
design professionals to review theconstruction plans and specifications prior
to complefion of the finat.design..documents,.Contractor.will perform this work
on an hourly basis at the hourly rate of:
• $60.00
Note: Contractor may elect to furniO these-services at no charge to the
own,prs.
D:DATE OF WORK COMMENCEMENT AND SUBSTANTIAL COMPLETION
Commence work:Within twenty days of receipt of valid building permit.
Construction time through substantial Completion: Approximately three to four
moms, not including delays.and=adjustments for delays caused by: holidays,
inclement weather, accidents,..shortage of labor or material, additional time
required for performance of Change_Order work.(as specified in each Change
Order), delays caused by Owner, and other delays unavoidable or beyond the
control of the Contractor.
E EXPIRATION OF THIS AGREEMENT
This Agreement will expire 30 days after the date at the top of page one of this
Agreement if not accepted in writing:by Owner.and returned to Contractor within
that time.
F:CONTRACTOR'S FEE
Owner will pay Contractor the Contract Sum consisting'.of the Cost of the Work
as defined in Section H of this Agreement, plus a fixed percentage fee of 20°yo of
the cost of all work as compensatiorrfor Contractor's profit and overhead.
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® G_ PROGRESS PAYMENTS
0,Amer.to pay Contractor'$SQ00.0o as,deposit with contract.
Based-upon applications for_payment and of/supporting documentation
submitted.to Owner by Contractor on Wednesday of every other week, Owner
shall make a progress payment to Contractor as provided below on the
W.ednesdayof following week(seven-days hence). The amount of each
progress payment shall be-calculated as follows and.paid on or before the
Wednesday following the date on which Contractor submitted the payment
request/invgice:
Add up the total Cost of the Work as defined in Section H below, which has teen
perfomied-during.the payment period,:add the appropriate percentage of
Contractor's.Fee,.and the total'of these two amounts will be due each Friday to
Contractor.
H:COSTS TO BBE REIMBURSED
Owner shall.reirriburse Contractor the Cost of the Work. The term "Cost of the
Work"shall mean costs necessarily incurred by Contractor in good faith and in
the proper performance of the work_ The Cost of the Work shall include the
items set forth in this section.
1. LABOR COSTS: Wages of construction workers directly employed by
• Cnrrtractortor.perform the construction work f In-House Labor")will.be paid as
established by the Rate Schedule for Contractor's Personnel set forth below.
Thin rate schedule is they,usss-amount to be charged foi each worker (any
and-all appTtcable labor burden;medical arid:retirement benefits, bonuses,
etc. have-been-factored into-these rates).
RATE SCHEDULE FOR FONT-2ACTOR'S PERSONNEL
WORKER RATE
A.-Principal: $60.00 PER HR.
B:-Lead Oarpenter. .$38A0.PER HR.
C. Helper: $33M PER HR.
_D:.Laborer $2"0 PER HR.
E. Bookeeper. $25 M PER HR.`
Cterfcal time spent preparing payment applications:
2.-CONTRACTOR'S SUPERVISORY PERSONNEL: When Contractor or
COrdractor's-employee is petfornring both carpentry work and supervisory
work, there shall be no duplication of payment for such labor (i.e., payment for
both carpentry-work and supervisory.work at the same time).
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• Owner will be hilted for Contractor or Contractors supervisory personnel
performing off-site coordination activities or off-site.job.related meetings
directly related to the progress of the work.This off-site time billed to owner
shall not exceed 4 hours-perweek unless the xiff-site meeting is requested by
Owner, or otherwise as agreed to in writing by Owner and Contractor.
All accounting work and documentation preparation in connection with
payment applications is a-direct jobrost which will be;performed at the rate of
$25.00 per hour. Accounting and document preparation work is guaranteed
not to exceed 2 flours per payment application.
3.COST OF TIME SPENT-PICKING UP MATERIALS AND MOBILIZING
JOB: Time spent by Contractor and his employees at lumberyards and
material supply houses (including:travel time to and from) to pick up materials,
and time required to move.tools and-equipment onto the job site at the start of
the project and away from the site at the end of the project, is part of the Cost
-0f.111fork.
4:.SUBCONTRACT COSTS' Payments made.to Subcontractors in
accordance with the requirements of the Subcontracts is part of the Cost of
Work for he.project.
• 6.COST,OF MATERIALS INCORPORATED INTO THE PROJECT: The cost
of-materials and equipment(and applicable sales tax, freight, or delivery
charges)incorporated into the completed project is part of the Cost of the
Work for the project. Any unused; excess materials shall be returned to,the
supplier for a credit. This credit will be issued to Owner along with the next
biliing by Contractor.
6; COSTS OIF OTHER MATERIALS,EQUIPMENT, TEMPORARY
EQUIPMENT,TAXES,SECURITY.-AND REWED ITEMS:
a,The cost of temporary fencinq,-temporary sanitation, monthly utility fees
paid directly�y Contractor; and-mntai equipment, including.the costs of
transporting and installing tlte.equipment (if"required).
b: The cost of consumable-supplies which are consumed during the course of
the project, suu e.g., circularab78des, chalk;string line, reciprocating saw
blades,-wood stakes, forming-lumber, pencils; etc.). No power tools or capital
equipmentwillbe paid forty Owner:.Upon.request by Owner, leftover
consumable supplies will become the property of Owner at the end of the
project. .
c.Costs of removal of debris from the site, and hauling and dump fees.
d: Phorre-company charges-forbusiness-related.phorie calls.
e_ The cost of all taxes on the project itself imposed by local, state, or federal
agencies related to the work (trot including taxes on employees and
•
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7. EMERGENCY REPAIRS AND PRECAUTIONS: The Cost of the Work shall
also include any actions taken in case of an emergency to prevent threatened
damage, injury or loss to persons and property on the job site.
I. COSTS NOT TO BE REIMBURSED
The Cost of Work shall not include:
1. Any general insurance costs and state and federal taxes of Contractor
(e.g., worker's compensation, comprehensive general liability insurance, auto
insurance, health insurance, or labor burden expenses, such as state and
federal employer taxes, etc.). Contractor has factored these costs into the
Rate Schedule for Contractor's Personnel in Section H.1 above, or these
costs will be paid out of Contractor's profit and overhead percentage.
2. Travel tide to and from the job site for Contractor and his employees. Cosis
associated with travel time such as.- gas, vehicle maintenance, mileage
payments, vehicle insurance, etc.
3. Costs to purchase, repair, and maintain Contractor's tools, vehicles, and
equipment.
4. Cellular phone charges (unless specifically agreed to in writing by Owner
and Contractor)-
J. SUBCONTRACTS AND OTHER AGREEMENTS
Any portions of the work that Contractor chooses to subcontract shall be
performed under appropriate subcontracts with Contractor.
Contractor will allow only skilled Subcontractors who are properly licensed,
bonded, and insured in accordance with the terms of this Agreement to bid and
perform work on this project.
K. ACCOUNTING RECORDS
Contractor shall keep full and detailed accounts and exercise such controls as
may be necessary for detailed and responsible financial management of all
aspects of this Agreement-
L. WORK PERFORMED BY OWNER OR OWNER'S SEPARATE
CONTRACTORS AND MATERIALS FURNISHED BY OWNER
Prior to the time Contractor has entered into subcontracts, Owner may designate
his own Subcontractors for Contractor to work with on the project. However,
Contractor has the right to prequalify and approve Owner's Subcontractors and
require evidence of work experience, proper licensing, and insurance.
Contractor has the right to refuse job-site access to Subcontractors who are not
first prequalified by Contractor. Contractor's warranty will not extend to any work
performed by Owner or Subcontractors who are not prequalified by Contractor. If
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Owner furnishes materials to the job site, Owner is responsible for verifying
suitability of these materials prior to their delivery to the job site.
M. CHANGES IN THE WORK AND ADDITIONAL CONTRACTOR'S FEE
During the course of the work, Owner may request Contractor to perform
Additional Work. Owner may also alter the selection of products or building
design. All such changes in the work will be performed by Contractor according
to the terms and conditions in this Agreement. Contractor's profit and overhead
will be charged on all Subcontractors and all Owner-supplied materials.
In addition, Contractor will charge profit and overhead —either at the rate set in
this Agreement or at the rate of 20% -- on all Subcontractors designated by
Owner to work on the project up until the point in time when Contractor has
completed all of his work under this Agreement.
N. MISCELLANEOUS CONDITIONS
1. OWNER COORDINATION WITH CONTRACTOR: Owner agrees to
promptly furnish to Contractor all details and decisions about unspecified
construction finishes and to consent to or deny changes in the Scope of Work
that may arise so as not to delay the progress of the Work. Owner agrees to
furnish Contractor with continual access to the job site.
® 2. WORK STOPPAGE AND TERMINATION OF AGREEMENT FOR
DEFAULT: Contractor shall have the right to stop all work on the project and
keep the job idle if payments are not made to Contractor in accordance with
the Payment Schedule in this Agreement, or if Owner repeatedly fails or
refuses to furnish Contractor with access to the job site and /or product
selections or information necessary for the advancement of Contractor's work.
Simultaneous with stopping work on the project, the Contractor must give
Owner written notice of the nature of Owner's default and must also give the
Owner a 3-day period in which to cure this default.
If work is stopped due to any of the above reasons (or for any other material
breach of contract by Owner)for a period of 7 days, and the Owner has failed
to take significant steps to cure his default, then Contractor may, without
prejudicing any other remedies Contractor may have, give written notice of
termination of the Agreement to Owner and demand payment for all
completed work and materials ordered through the date of work stoppage,
and any other loss sustained by Contractor, including Contractor's Profit and
Overhead at the rate of 20% on the balance of the incomplete work under the
Agreement. Thereafter, Contractor is relieved from all other contractual
duties, including all Punch List and warranty work.
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® 3_ INTEREST CHARGES: Interest in the amount of 1.5%per month will be
charged on all late payments under this Agreement. "Late Payments" are
defined as any payment not received within Ten days of receipt of invoice
from Contractor.
4. CONTRACTOR NOT TO BE RELIED UPON AS ARCHITECT,
ENGINEER, OR DESIGNER: The Contractor is not an architect, engineer, or
designer. Contractor is not being hired to perform any of these services. To
the extent that Contractor makes any suggestions in these areas, the Owner
acknowledges and agrees that Contractor's suggestions are merely options
that the Owner may want to review with the appropriate design professional.
Contractor's suggestions are not a substitute for professional engineering,
architectural, or design services, and are not to be relied on as such by
Owner.
5. LIEN RELEASES. Upon request of Owner, Contractor and Subcontractors
will issue appropriate lien releases prior to receiving final payment from
Owner.
O_ DISPUTE RESOLUTION AND ATTORNEYS FEES
Any controversy or claim arising out of or related to this Agreement involving an
amount of less than �S,JCC (or the maximum limit of the court) must be heard in
the Small Claims Division of the Municipal Court in the county where the
Contractor's office is located. Any controversy or claim arising out of or related to
this Agreement which is over the dollar limit of the Small Claims Court must be
settled by binding arbitration administered by the American Arbitration
Association in accordance with the Construction Industry Arbitration Rules.
Judgment upon the award may be entered in any Court having jurisdiction
thereof.
The prevailing party in any legal proceeding related to this Agreement shall be
entitled to payment of reasonable attorney's fees, costs, and expenses.
P_ INSURANCE
Owner shall pay for and maintain "Course of Construction"or"Builder's Risk"or
any other insurance that provides the same type of coverage to the Contractor's
work in progress during the course of the project. It is Owner's express
responsibility to insure dwelling and all work in progress against at[ damage
caused by fire and Acts of God such as earthquakes, floods, etc.
0. WARRANTY
Contractor provides a limited warranty on all Contractor-and Subcontractor-
supplied labor and materials used in this project for a period of one year
following substantial completion of all work.
Dania Beach - Nyberg/Swanson Agreement 12/08/99 80f lU
FROM FAX NO. : 9545245380 Dec. 08 1999 11:59AN P10
No warranty is provided by Contractor on any materials furnished by the Owner
for installation. No warranty is provided on any existing materials that are moved
and/or reinstalled by the Contractor within the dwelling (including any warranty
that existing/used materials will not be damaged during the removal and
reinstallation process): One year after substantial completion of the project, the
Owner's sole remedy (for materials and labor) on all materials that are covered
by a manufacturer's warranty is strictly with the manufacturer, not with the
Contractor.
Repair of the following items is specifically excluded from Contractor's warranty:
Damages resulting from lack of Owner maintenance; damages resulting from
Owner abuse or ordinary wear and tear; deviations that arise such as the minor
cracking of concrete, stucco and plaster; minor stress fractures in drywall due to
the curing of lumber; warping and deflection of wood; shrinking/cracking of
grouts and caulking, fad,-^g of paints and finishes exposed to sunlight.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A
PARTICULAR USE OR PURPOSE_ THIS LIMITED WARRANTY EXCLUDES
CONSEQUENTIAL AND INCIDENTAL DAMAGES AND LIMITS THE
DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT
® PERMISSIBLE UNDER STATE AND FEDERAL LAW.
R_ ENTIRE AGREEMENT, SEVERABILITY,AND MODIFICATION
This Agreement represents and contains the entire agreement between the
parties. Prior discussions or verbal representations by Contractor or Owner that
are not contained in this Agreement are not a part of this Agreement. in the
event that any provision of this Agreement is at any time held by a Court to be
invalid or unenforceable, the parties agree that all other provisions of this
Agreement will remain in full force and effect- Any future modification of this
Agreement must be made in writing and executed by Owner and Contractor in
order to be valid and binding upon the parties.
S. ADDITIONAL LEGAL NOTICES REQUIRED BY STATE OR FEDERAL LAW
See page(s) attached: Yes— Florida Construction Industries Recovery Fund
Notice Attached Herein.
® Owner's signature below constitutes owners' acknowledgement of receipt of
this notice as prescribed by law.
T. ADDITIONAL TERMS AND CONDITIONS
Dania Beach - Nyberg/Swauson Agreement 12/08/99 90f to
FROM FAX NO. : 9545245380 Dec. 08 1999 12:00PM P11
Owner agrees to hold Contractor Harmless from any consequential damage to
the structure and/or interior and exterior finishes that might result from
performance of the work under this agreement. Contractor will use his best
efforts to avoid such damage.
I have read and understood, and I agree to, all the terms and conditions
contained in the Agreement above.
12/10/99
Date CONTRACTOR'S SIGNA R
See below
Date OWNER'S SIGNATURE
12/10/99
Date OWNER'S SIGNATURE
® CITY OF DANIA BEACH,
A municipal Corporation
ATTEST: By_-L�
by; /!i*r- Mayo Char es McElyea
Sheryl hapman, By:
Acting City Clerk Micae t
Cit M ag
Approved as to form and correctness :
by= (—/' \' - &ff/v
Tfiom s Alisbro
City Attorney
imama Beach- Nyberg/Swanson Agreement I2/08/99 lout"10
FROM FAX NO. : 9545245380 Dec. 08 1999 12:00PM P12
SCOTT
B%dM0 LJ
ing Co>ntractom
State Certification M CBC047620
Preliminary Budget Estimate for Restoration Work at the
Historic Nyberg Swanson House
12/08/1999
U9 rn DescrtpUan Estimated Cost
CA Spalled Columns $ 3,000,00
C.2 Masonry Cracks&Repointing $ 8,000.00
C.3.5.22 Chimney Seal&Repointing $ 2,200.00
C.4 interior Plaster $ 3,000.00
C.6.17 Restore Ceiling $ 1,850.00
C.7 moors and Windows $ 4.400.00
C.6,9 Restore Front Porch $ 4,500.00
C.10 New Handrail $ 1,850.00
C. 11, 12, 13, 16 Soffit and Facia $ 4.000.00
C. 23,24 Dormer and Roof Flashing 8 Paint Roof $ 8,500.00
Subtotal $41,300.00
Contingency(10%) $ 4,130.00
Total Base Budget Estimate $45,430.00
Overhead&Profit S 9,086.00
Total Project Budget Estimate S 54,516.00
508 S.Andrews Avenue• Fort Lauderdale,Florida 33301 • (954)524-7530