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HomeMy WebLinkAboutR-2000-130 RESOLUTION NO. 2000-130 ! RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE BID PROPOSAL SUBMITTED BY FLORIDA METRO CONSTRUCTION CO. AND AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH FLORIDA METRO CONSTRUCTION CO. FOR LABOR AND MATERIALS NECESSARY TO PUMP FLOWABLE FILL INTO THE CRAWL SPACE NENEATH THE FLOOR OF THE DANIA BEACH GRILLE BUILDING; 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 the Dania Beach City Commission accepts the bid proposal submitted by Florida Metro Construction Co. in the amount of $13,700.00, based upon competitive bids, for the installation of flowable fill in the crawlspace beneath the floor of the Dania Beach Grille building, located at 65 North Beach Road, Dania Beach. Section 2. That the certain agreement between the City of Dania Beach and Florida Metro Construction Co. for labor and materials necessary to pump flowable fill into the crawl space beneath the Dania Beach Grille building, in substantial form as Exhibit "A", attached, 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 Agreement as are deemed necessary and proper for the best interests of the City. Such Agreement and award of the bid shall not be deemed accepted by the City unless and until the City has completed its execution of the Agreement. Section 3. That all resolutions or parts thereof in conflict with this resolution are repealed to the extent of such conflict.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 22nd DAY OF AUGUST 2000. C.K. MCELY MAYOR—COMMISSIONER RESOLUTION NO. 2000-130 ATTEST: ROLL CALL: !? rJ 1 MAYOR McELYEA - YES VICE-MAYOR BERTINO - YES SHERYL HAP N COMMISSIONER CALI -ABSENT ACTING CITY CLERK COMMISSIONER ETLING - YES COMMISSIONER MIKES - YES APPROVED AS TO FORM AND CORRECTNESS: A BY: f, i THOMAS J. ANSffRO CITY ATTORNEY RESOLUTION NO. 2000-130 ® AGREEMENT THIS IS AN AGREEMENT ("Agreement"), dated August 28, 2000 between: THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a business location at 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, and Florida Metro Construction Company, Inc. ("Contractor"), a Florida Corporation with its principal place of business located at 140 SW I't Avenue,Dania Beach,Florida 33004 In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement,the sufficiency and receipt of which are acknowledged,City and Contractor agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and frame of reference for this Agreement, and to generally express the objectives and intentions of the parties, the following statements, representations and explanations are the predicates for the undertakings and commitments included within the provisions which follow,and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The Contractor, for the consideration fully set out below, shall furnish all the materials, equipment and labor to perform all work necessary to complete the Project,all in full and complete accordance with Exhibit"A"and 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 placement of flowable fill in the Dania Beach Bar and Grille building located at 65 North Beach Road, 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 The City advertised its notice to bidders of the City's desire to have the Project completed, pursuant to the bid entitled: BID PROPOSAL FOR FILL PLACEMENT AT THE DANIA BEACH GRILLE 65 NORTH BEACH ROAD DANIA BEACH,FLORIDA 1.3 On August 22, 2000 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. • AGREEMENT,Beach Grill Fill.doc 1 2.3 Contractor represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the expertise, experience and work force sufficient to timely perform the services to be provided by Contractor pursuant to the terms of this Agreement. 2.4 Contractor represents to City that Contractor is properly licensed by all applicable federal, state and local agencies to provide the services specified under this Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any reason by any governmental agency,Contractor shall notify the City immediately. 2.5 Contractor agrees to conduct all work and services under this Agreement in accordance with all applicable federal, state and local laws and regulations. Contractor will identify all governmental authorities and agencies having jurisdiction to approve work involved in the Project and Contractor agrees to obtain all permits and approvals from any and all such governmental authorities which have jurisdiction. If permitted by the permitting agency, and if City can realize a cost savings by such action, City may authorize the Contractor to seek required permits on behalf of and in the name of City as its Contractor;provided,however,that Contractor agrees to fully indemnify and hold harmless the City in all respects as a result of the obtaining of any and all such permits and approvals. Without limiting the foregoing, City agrees to reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid same,the amounts of all permit fees incurred by Contractor in connection with the applications; processing and securing of approvals or permits which are required to be obtained from all governmental authorities which have jurisdiction over any and all aspects of this work,except City permits and fees which shall be waived and except for so much of any fees as to which the City is required to remit to other governmental agencies. 2.6 City's Building Official, or his designated representative, will be the person through whom Contractor must communicate all information pertaining to the 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 City's Building Official or his designated representative. Contractor waives any and all rights to claim any statute of limitations defense as to any condition that may arise under this guarantee. ARTICLE 3 TERMS AND CONDITIONS 3.1 Contractor shall begin to perform the Project work commencing no later than thirty(30) days from the date first above written and shall notify City in writing of the date work will commence (the "Commencement Date"). Contractor shall complete the Project work on the Commencement Date 3.2 City may terminate this Agreement if Contractor fails to perform the work to City's sole and reasonable approval, after City sends written notice of any deficiency to Contractor and Contractor does not cure such deficiency within seven (7) days from the date of such notice. In such event, the Contractor shall be paid compensation for improvements made toward completion of the Project,if such improvements meet City's sole and reasonable approval,which approval will not be unreasonably withheld. In the event that the Contractor abandons the work specified in this Agreement or causes it to be terminated,Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the amount to be paid under this Agreement. All finished or unfinished materials,documents and reports prepared by Contractor shall become the property of City and shall be delivered by Contractor to City before payment,if any,is made to Contractor by City. AGREEMENT,Beach Grill Fill.doc 2 ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT 4.1 After Contractor gives City written notice of the Commencement Date, City agrees to compensate Contractor, , no later than twenty(20)business days after the notice is received, in an amount equal to one third (1/3) of the contract amount. Upon completion of the work and the City Building Official or his designated representative approves all of Contractor's completed Project work pursuant to the provisions of this Agreement,the Contractor shall submit a final invoice and the balance of the contract amount will be paid. TOTAL AGREEMENT AMOUNT: $13,700.00 A writing to that effect,issued by the City Building Official and given to the City Clerk shall evidence project completion. The total compensation above may not be exceeded without a written amendment to this Agreement executed by the authorized agents of both of the parties. 4.2 Payment will be made to Contractor at: Florida Metro Construction Company, Inc. 140 SW 15`Avenue Dania Beach,Florida 33004 4.3 The making and acceptance of the work shall constitute a waiver of all claims by the City except for any or all claims arising from the guarantee set forth above,unsettled liens, lawsuits, deficiencies or faulty work appearing within one (1) year after final payment, or from any variations from the requirements of the Specifications for the Project. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4.4 Contractor shall, before final payment is made by City, provide City copies of releases of all liens from any and all subcontractors, materials' providers and the like, who or which supplied or furnished any labor, services or materials that were used in the Project. Contractor shall then furnish the City a"No Lien Affidavit". Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the work,have been paid in full. ARTICLE 5 CHANGES IN SCOPE OF WORD City or Contractor may request changes that increase, decrease or otherwise modify the Project, as described in this Agreement. These changes may affect the compensation specified above and, if so, they must be described in a written amendment, executed by the authorized agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from the work described in this Agreement or the Specifications without City's advance written consent. ARTICLE 6 PROTECTION OF CITY'S PROPERTY At all times during the performance of this Agreement, the Contractor shall protect the City's property • from all damage whatsoever on account of Contractor's performance of work toward completion of the Project described by this Agreement. AGREEMENT,Beach Grill Eill.doc 3 • ARTICLE 7 INDEMNIFICATION 7.1 The Contractor agrees to indemnify and hold harmless the City and its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands or causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments and decrees, sustained by the City and any third party arising out of, or by reason of, or resulting from the Contractor's work toward completion of the Project, Contractor's reckless acts,or negligent acts, or both and any and all errors or omissions of whatsoever kind up to a maximum amount of the Total Agreement Amount. 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 City to liability for any reason arising out of the Project work, Contractor's compensation may be withheld until City can determine the extent of City's exposure and City retains the right to offset any amounts related to such matters against Contractor's compensation, if any. City will notify Contractor in writing when it determines Contractor may have exposed City to any liability and City will provide a reasonably ascertainable date by which resolution of the exposure, offset or both will be determined. ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this Agreement until Contractor has obtained all insurance required under section 8.4 of this Article("Coverage")and such Coverage has been approved by the Risk Manager of the City. The Contractor shall not allow any subcontractor to commence work on any • subcontract until the subcontractor, as provided in section 14.3, below, and all Coverage required of any subcontractor, have been approved by City. In addition, Contractor shall be responsible for any policy deductibles and self-insured retentions. 8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of the Coverage. They shall be filed with the City Risk Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that Coverage afforded under these policies will not be canceled until at least thirty (30) days prior written notice has been given to the City. Policies for Coverage shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 8.3 Coverage shall be in force until all work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like Coverage for the balance of the period of the Agreement and any extension of it is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGE REMAINS IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT. 8.4 REQUIRED INSURANCE COVERAGE. 8.4.1 General Liability Insurance includes products, completed operations and blanket contractual liability with bodily injury limits of not less than$1,000,000.00 per occurrence combined single limit for bodily injury and property damage. City shall be named as an"additional named insured"under the general liability • policy including product liability. AGREEMENT,Beach Grill Fill.doc 4 • 8.4.2 Workers' Compensation insurance shall be maintained by Contractor during the Life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, as otherwise addressed in this Agreement, the Contractor shall require any subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. The Contractor and its subcontractors shall maintain during the life of this policy Employers' Liability Insurance. The following limits must be maintained: $500,000.00 with not less than $100,000.00 per occurrence. 8.4.3 Comprehensive Auto Liability insurance with limits not less than $500,000.00 per occurrence for bodily injury and property damage. This coverage shall include owned, hired and non-owned vehicles. The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to persons,property or premises arising out of the operations to complete the Project. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City deems necessary depending upon the possible exposure to liability. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. Contractor agrees that it is not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wages' laws and overtime payments, Federal Insurance Contribution Act,the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida • Workers' Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain sole and absolute discretion and exercise its judgment as to the manner and means of carrying out Contractor's activities and responsibilities toward completion of the Project. Administrative procedures applicable to services rendered under this Agreement shall be those of Contractor,which policies of Contractor shall not conflict with City, H.U.D., or United States policies,rules or regulations relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees that it is a separate and independent enterprise from the City,that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary,to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages,overtime premiums or both. ARTICLE 10 PUBLIC CONSTRUCTION BOND 10.1 Reserved ARTICLE 11 DEFAULT OF AGREEMENT AND REMEDIES 11.1 Liquidated Damages. It is mutually agreed between the parties that time is of the essence of this Agreement, and in the event the Project is not completed within the time and in the manner specified in this Agreement, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain the sum of Two Hundred ($200.00) Dollars per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted and the City is denied full benefit of completion of the Project, which sum City and • Contractor agree represents the damages the City will have sustained per day for the failure of the Contractor to complete the Project within the time stipulated.The parties agree that this sum is not a penalty. AGREEMENT,Beach Grill Fill.doc 5 ® 11.2 Remedies in Default. In case of any default by Contractor, the City, through City's Building Official or his designated representative, shall notify the Contractor, in writing, of such default and direct Contractor to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Bond, or the lending institution named in the Irrevocable Letter of Credit(the "Bank"), whichever is applicable. If Contractor does not cure such default within seven(7)days of the date after notice was sent by City, City may declare a default of this Agreement and will notify the Contractor and the Surety or Bank of such declaration of default in writing and terminate the Agreement. 11.2.1 Within ten(10)days of such declaration of default, the Surety on the Bond shall, at its own cost and expense, rectify or cause to be rectified the default and also contract with a replacement contractor to be approved by City. Surety's replacement Contractor will assume the work of Contractor and complete performance of the work of the Project under the Agreement within thirty (30) days of City's approval of Surety's replacement Contractor. The Surety shall receive payment equal to what would have been paid the Contractor had the Contractor continued to perform the work under the Agreement, less any compensation paid to Contractor by City and less all sums due the City for any damages suffered or any expenses incurred, or both, by reason of Contractor's default. Alternatively, if applicable, City shall notify Bank that the Irrevocable Letter of Credit is required to be honored and payment immediately made to City. 11.2.2 If such Surety or Bank fails to perform any of its obligations as described above,the City may complete the Project, or any part of it, either by day labor or re-letting a contract("Default Contract") for the same, and procure the equipment and the facilities necessary for the completion of the Default Contract, and charge the cost of same to the Contractor,the Surety,or both,together with the costs incident to such default. 11.2.3 In the event the City completes the Default Contract at a lesser cost than would have been payable to the Contractor under this Agreement, if the same had been fulfilled by Contractor, City shall retain such difference. Should such cost to the City be greater,then the Contractor,the Surety, or both shall pay the amount of such excess to the City. ® ARTICLE 12 BANKRUPTCY It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed and Contractor will automatically be in default of this Agreement and the provisions of Article 11 will be enforced at City's discretion. ARTICLE 13 DISPUTE RESOLUTION 13.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and,upon failure of such negotiations to resolve the dispute,the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it,the prevailing party shall be entitled to recover reasonable attorneys' fees from the non- prevailing party, subject to the limits of this paragraph. Where the prevailing party is awarded compensatory damages from the non-prevailing party, the amount of attorneys' fees shall not exceed the amount of compensatory damages. If no compensatory damages are awarded, the prevailing party is entitled to reasonable attorneys' fees, • which entitlement and award shall not exceed the total amount payable as Contractor's compensation under this Agreement. AGREEMENT,Beach Grill Fill.doc 6 • 13.2 Operations During Dispute. 13.2.1 In the event that a dispute, if any, arises between the City and the Contractor relating to this Agreement,or its performance or compensation,the Contractor agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. 13.2.2 Notwithstanding any other provisions in this Agreement, whenever any service provided by the Contractor fails to meet City's reasonable approval, the City will have the right to terminate the Agreement seven (7) days after the date when the written notice was sent by City of the deficiency, if Contractor has not cured such deficiency within that time. ARTICLE 14 MISCELLANEOUS 14.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply to this Agreement due to the joint contributions of both parties. 14.2 Records. Contractor shall keep such records and accounts and require 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 may attempt to claim reimbursement. Such books and records will be available at all reasonable times for examination and audit by City • and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 14.3 Assignments, Subcontracts and Amendments. This Agreement, and any interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or otherwise encumbered, under any circumstances, by Contractor without the prior written consent of City. For purposes of this Agreement, any change of ownership of or controlling interest in Contractor shall constitute an assignment which requires City approval. Violation of the terms of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its discretion, cancel this Agreement and all rights of Contractor under this Agreement will terminate. It is further agreed that no modification, amendment or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed by the authorized agents of the parties. 14.4 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, in its discretion, to deduct from the Agreement price, or otherwise recover the full amount of such fee,commission,percentage,gift or consideration. 14.5 Notice. Whenever any party desires to give notice to the other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended. The places for giving of notice shall remain as set forth below until they shall have been changed by • written notice in compliance with the provisions of this section. For the present, the Contractor and the City designate the following as the respective persons and places for giving of notice: AGREEMENT,Beach Grill Fill.doc 7 City: Kenneth Koch,Building Official City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Copy to: Thomas J.Ansbro,Esq. City Attorney Weiss, Serota,et al. 1132 SE 2 Ave. Ft.Lauderdale,Florida 33316 Contractor: Florida Metro Construction Company, Inc. 140 SW ls`Avenue Dania Beach,Florida 33004 14.6 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing,and is authorized to bind and obligate such party with respect to all provisions contained in this Agreement. 14.7 Headings. Headings in this Agreement are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, are treated as parts of this Agreement and are incorporated in it by this reference. 14.9 Severability. If any provision of this Agreement or application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable,shall not be affected, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 14.10 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County,Florida. 14.11 Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. 14.12 Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision,condition or right,but the same shall remain in full force and effect. 14.13 Conflict. In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to this Agreement and any terms of this Agreement, the terms of this Agreement shall prevail. AGREEMENT,Beach Grill Fill.doc 8 • IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. CITY: CITY OF DANIA, A Florida Municipal Corporation ATTEST: Sheryl Cha man,Acting tity Clerk C.K. McElyea MAYOR- ONER APPROVED FOR FORM AND CORRECTNESS: Mic mit , City Manager By: - � _ Ar Thomas J. A sb , i ttorney CONTRACTOR: FLORIDA METRO CONSTRUCTION COMPANY, INC._ COMPANY NAME • CORPORATE SEAL: By: AANSE EINER -IF APPLICABLE) PRESIDENT I -ahs' ��TIP' no r PRI�pjNT NAM �e�iG�cl'j TITLE STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgments,personally appeared Danise Steiner,as President,of Contractor,Florida Metro Construction Company, Inc.,a Florida Corporation and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on 2000. TAMMYJ.SACHS r•+' COMMISSION#CC 820136 Not ublic, Sta orida at La e '• °+• ='PiRGS:May 7,2003 My Commission cpir s: a `� �...h,:• o;;o_ee rnn..wowry Public UnderwrKers AGREEMENT,Beach Grill Fill.doc 9 • EXHIBIT "A" SPECIFICATIONS FOR FILL PLACEMENT DANIA BEACH BAR AND GRILLE 65 NORTH BEACH ROAD DANIA BEACH, FL 33004 L SCOPE 1. This remedial repair work will take place in the occupied building known as the Dania Beach Bar and Grill at 65 North Beach Road. Area of work includes the crawl space below the elevated floor within the occupied building. 2. The work shall consist of the installation of approximately 150 cubic yards of flowable fill, including all prep work and cleanup. 3. The existing structure consists of concrete grade beams atop concrete pile caps. This system creates four (4) individual compartments approximately three feet (3") deep beneath the floor. The floor • system consists of eighteen inch (18") square concrete stepping stones approximately two inches (2")thick,resting on and grouted into concrete"I"-beam joists which bear on the grade beams. II. GENERAL CONDITIONS 1. For all labor performed by the Contractor, the Contractor shall include the furnishing of all materials, labor,tools and equipment to complete the fill work as specified. 2. The Contractor's submitted bid constitutes an understanding of all specifications and conditions related to this project. Contractor accepts all responsibility for the preparation of all aspects of the work and the correct installation of materials specified. 4. The specifications stipulated herein shall be considered a part of the contract. Any disagreements over any portion of these specifications must be brought to the attention of the Owner or Owner's representative who will determine any changes that must be made. 5. Foundation Plan by Gene Bieber, Architect, is hereby incorporated into this specification. Plan is to be used for identification of existing concrete grade beams and concrete joists only. Contractor shall use this plan for purposes of identifying locations in the concrete stepping stones which comprise the floor system to be used to pump fill in order to adequately fill the compartments below the floor level. III. ALTERNATES 1. Alternates will be accepted only as described Section IX,Materials. Documenl3 IV. WORKMANSHIP I. All materials installed and all work performed shall be in compliance with and conformance to all requirements of this specification. 2. Contractor shall assure that all work is performed in a workmanlike manner, and carried out so as to minimize any inconvenience to the occupants. The Contractor shall maintain a full work force from the commencement of work to its completion. A qualified foreman shall be on the job site at all times. V. INSPECTION I. Any application or installation which does not conform to this specification or which does not meet with the approval of the Owner's representative shall be removed, corrected and/or repaired to meet specification. The Contractor shall be available for regular inspections throughout the work process. VI. LIAISON I. The Building Official will be the Owner's designated representative. Contractor shall transmit all information pertaining to the job to the liaison and shall not permit unauthorized interference from the occupants or customers of the Owner's property,residents, or the Contractor's employees. VII. SAFETY 1. The Contractor shall be responsible for ensuring that employees follow all directions and safety requirements recommended by the manufacturer of all products,tools and devices. 2. Contractor shall take appropriate measures to ensure protection of neighboring and surrounding properties, to include buildings, sidewalks, streets, and vehicles. Contractor shall arrange for barricades to keep vehicles from parking in front of the work areas, to keep pedestrian traffic out of these areas, and to direct pedestrian traffic away from the work areas. Barricades are to be installed at the commencement of the work and left until completion of the project. Contractor may make arrangements,prior to beginning the work,with the City Public Works Department for barricades. 2. Contractor shall protect all landscaping materials, walks, sidewalks, and other flat work from damage due to the project. Contractor shall repair any damage and remove any unused or latent materials from the site at completion of the project prior to final payment. VIII. MATERIALS AND EQUIPMENT STORAGE 1. Contractor will arrange with City for an appropriate location of pumping equipment and trucks(both fixed on site and transient delivering material)prior to beginning the project. IX. MATERIALS 1. Fill shall be Fiowable Non-Shrink Fill,as distributed by Rinker or equivalent. X. INSTALLATION I. Contractor may remove concrete stepping stones for purposes of placement of fill or examination of work, as necessary. Any stones removed that are undamaged may be replaced and re-grouted in place upon completion. Damaged stones shall be replaced with like material. Document3 2. Contractor may drill holes in concrete stepping stones for purposes of injecting the fill. The Contractor at the completion of the project will fill any such holes, or other holes made to accommodate the work, with non-shrink grout. Locations of injection fill points are the responsibility of the Contractor. 3. There are existing plumbing lines and temporary shores in the crawl space. It is understood that these will remain in place during the operation and will be filled around and left in the crawlspace. 4. The fill is to be injected in such a manner as to completely fill the voids beneath the floor system in each of the individual compartments. 6. It is understood that the building is occupied with an operating food-serving business. Work must be performed in such a manner as to provide minimal impact to the tenants and their customers. Work may begin either in the evening hours and continue through the night to be completed, including cleanup, before 8:00 a.m. the following day; OR work may begin in the morning, beginning at 6:00 a.m., starting in the kitchen area of the building, working next to the counter service area, then to the dining room area and lastly to the rear office and storage areas, all to be completed, including cleanup by 8:00 p.m. It is desired that the work be performed on a Monday, whether by day or night. XI. CLEANUP I. Contractor shall take appropriate measures to protect furnishings inside the building from both dust and fill material. 2. Contractor shall remove all spilled fill material from both inside and outside the building, and to remove all dust from both furnishings and floors, at the completion of the project, prior to • demobilization. 3. Contractor shall make arrangements for cleanup of all tools, equipment and delivery trucks off- site. Arrangements may be made in advance with the City Public Works Department to use an area within the Public Works Compound. XII. ENGINEERING I. No engineering specifications are provided. Contractor is responsible for proper placement of fill holes and proper placement of fill to completely and adequately fill the voids below the floor system, without causing the floor system to be raised or otherwise displaced. Should Contractor deem such engineering services necessary,Contractor shall include these costs in the bid. XIII. OTHER SERVICES I. City will provide adequate potable water availability at the site, both for drinking and construction purposes. 2. Contractor may use the restroom facilities in the restaurant. 3. City will remove any landscape materials that may restrict the repair work. Any such landscaping must be identified at least one(1)week prior to commencement of the operation. • DocumenQ • CITY OF DANIA BEACH BID SUBMITTAL FOR FILL PLACEMENT DANIA BEACH GRILLE 65 NORTH BEACH ROAD DANIA BEACH, FLORIDA TO: City Commission City of Dania Beach �c��� �e�n, �t,5n��hon lz•r�+l�canU ,I(ac proposes to: inject approximately 150 cubic yards of Flowable Fill into the vdidsAn the crawlspaces in this building. TOTAL BID $ 7cr,=` ADDITIONAL FILL, PER YARD $ �j ENGINEERING SERVICES $ NOTE: BID FORM MUST BE SIGNED WITH THE FIRM'S NAME,AND BY AN OFFICER OF THE COMPANY OR EMPLOYEE HAVING THE AUTHORITY TO BIND THE COMPANY OR FIRM BY SIGNATURE. Submitted this day of /C; .,�:_ , 2000 Company Name: �N-0< i,�� -�.� 'b r_ i Address: 1�n L ��•. .. �.et:w� r t Z 2 ,r .� i i Telephone: Printed name of company representative ignature of company representative Title Sworn to and subscribed before me this _J__.�_day of 2000,by who is(personally known or showing identification). and( id/did not)take o I th. Notary Public,State of Florida,County of c�C1L� TAMMY J.SACHS MY COMMISSION#CC 820136 EXPIRES:May 7,2003 6F Bonded ihru Notary Public Underwriters Bid Form,Beach Grill Fill.doc CITY OF DANIA BEACH BID SUBMITTAL FOR FILL PLACEMENT DANIA BEACH GRILLE 65 NORTH BEACH ROAD DANIA BEACH, FLORIDA TO: City Commission City of Dania Beach metro construction Co. , Inc . proposes to: inject approximately 150 cubic yards of Flowable Fill into the voids in the crawlspaces in this building. TOTAL BID ( see Attached) $ 1S, 727 nn ADDITIONAL FILL, PER YARD $ ENGINEERING SERVICES $ ® NOTE: BID FORM MUST BE SIGNED WITH THE FIRM'S NAME,AND BY AN OFFICER OF THE COMPANY OR EMPLOYEE HAVING THE AUTHORITY TO BIND THE COMPANY OR FIRM BY SIGNATURE. Submitted this a day of 12000 Company Name: Address: 1 841 NW 99nd 2t: -eet ne p e� Telephone: 9 54 9 7 1 ] av q StP�PTI iT I�B��'9 Printed name of company representative Signatu of com ny representative President Title Sworn to and subscribed before me this___1_2_day of 2000,by who is(personally known or showing identification). and( I k no Notary Public,State of Florida,County of G fy , Bid Form,Beach Grill Fill doc AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. a 1. DATE OF COMMISSION MEETING: AUGUST 22, 2000 2. DESCRIPTION OF AGENDA ITEM: BID AWARD 3. COMMISSION ACTION BEING REQUESTED: Adopt Resolution or Ordinance ❑ Expenditure ® Award Bid/RFP Presentation ❑ General approval of item ❑ Continued from meeting ❑ Other(please explain) ❑ 4. SUMMARY EXPLANATION & BACKGROUND: Advertised for proposals to Pump Flowable Fill into the crawlspace beneath the floor of the Beach Grill building, 65 North Beach Road, to stabilize the deteriorating and collapsing floor. . 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Memo to Smith from Koch, Bid advertisement, contract, two proposals (Metro Construction, Florida Metro Construction) 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $15,000.00 7. Fund: GENERAL: WATER: ❑ SEWER: ❑ STORMWATER: ❑ Account name: Account#: Finance Director Approval: Date: Submitted by: Kenneth Koch, Building Official Date 08/10/2000 Growth Management Department City Manager Date • Methorandum To: Michael Smith, City Manager &From: Ken Koch, Building Official Date:08/10/00 Re: Beach Grill Fill Project We advertised for bids to install flowable fill in the crawlspace beneath the floor of the Beach Grill building at 65 N. Beach Road. On August 2, 2000, two bids were received and opened. The two respondants were: Metro Construction Company $18,727.00 Florida Metro Construction Company $13,700.00 I spent a substantial amount of time interviewing the people at Florida Metro to • determine that they were familiar with the scope of the project and that they were in fact capable of performing the work in accordance with the'specifications and for the amount quoted. I feel comfortable that they will be able to do the work for this price. I suggest that we award the contract to Florida Metro Construction for $13,700.00, and open the Purchase Order in the amount of $15,000.00 in case there is any additional fill which needs to be installed at their quoted rate of$85.00 per yard. oz of c' O • INVITATION TO BID CITY OF DANIA BEACH, FLORIDA NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, IS SEEKING SEALED BIDS FOR: FILL PLACEMENT AT THE DANIA BEACH GRILLE LOCATED AT 65 NORTH BEACH ROAD, DANIA BEACH, FL 33004. PLANS AND SPECIFICATIONS MAY BE OBTAINED FROM THE OFFICE OF THE ADMINISTRATIVE SERVICES DIRECTOR, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004, OR BY CALLING (954) 924-3607. FOR ADDITIONAL INFORMATION REGARDING THE PROJECT, PLEASE CONTACT KEN KOCH, BUILDING OFFICIAL, AT (954) 924-3650. BIDS WILL BE ACCEPTED UNTIL 3:15 P.M. ON WEDNESDAY, AUGUST 2, 2000, IN THE • OFFICE OF THE DEPUTY CITY CLERK, ADMINISTRATION CENTER, 100 W. DANIA BEACH BLVD., DANIA BEACH, FL 33004, AND WILL BE PUBLICLY OPENED AT 3:30 P.M. IN THE CITY'S CONFERENCE ROOM. ENVELOPES MUST BE SEALED AND PLAINLY MARKED: "BID FOR FILL PLACEMENT - DANIA BEACH GRILLE" BID PACKAGES MUST CONSIST OF COMPLETED PROPOSAL, REFERENCES, AND EITHER A BUSINESS CARD OR LETTERHEAD WITH COMPANY NAME, ADDRESS, CONTACT PERSON AND PHONE NUMBER. THE CITY OF DANIA BEACH RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE ANY AND ALL INFORMALITIES OR IRREGULARITIES, AND OR REJECT ALL OR ANY PART OF ANY BID AS IT MAY DEEM TO BE IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF DANIA BEACH. THE CITY OF DANIA BEACH ENCOURAGES PARTICIPATION BY SDBE FIRMS. HCHARLENE JOHNSON DEPUTY CITY CLERK Run: 7/13, 7/20 • 1