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HomeMy WebLinkAboutR-1998-163 �A1 _., RESOLUTION NO. 163-98 RESOLUTION OF THE CITY OF DANIA, FLORIDA, CONDITIONALLY ACCEPTING THE BID PROPOSAL SUBMITTED BY EAGLE PAINTING TO THE CITY OF DANIA AND AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH THAT BUSINESS FOR LABOR AND MATERIALS NECESSARY FOR THE PAINTING OF THE CITY OF DANIA ADMINISTRATIVE CENTER; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That the Dania City Commission conditionally accepts the bid proposal submitted by Eagle Painting in the amount of $11,800.00 based upon competitive bids, for the painting of the Dania Administrative Center. 1 Section 2. That that certain agreement between the City of Dania and Eagle Painting for labor and materials necessary to complete the painting of the Dania Administrative Center, a copy of which Agreement is attached and made a part of this Resolution as Exhibit A, be and the same is approved and the conditions of advance review and ultimate approval as to form and content by the City Attorney. The City Manager and the City Attorney are authorized to make minor revisions to that certain Agreement as they may deem necessary. Such Agreement and the 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 That all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. RESOLUTION NO. 163-98 "\ Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 27T" DAY OF OCTOBER , 1998. MAYOR-COMMISSIONER ATTEST: ROLL CALL: MAYOR CALI - YES VICE-MAYOR EYEING-YES - COMMISSIONER BERTINO-YES COMMISSIONER HYDE -YES CITY CLE —AUDITOR COMMISSIONER MIKES -YES APPROVED AS TO FORM AND CORRECTNESS: By: THOMA J. AktbRO CITY ATTORNEY i i RESOLUTION NO. 163-98 AGREEMENT THIS IS AN AGREEMENT("Agreement"), dated 1998 between: THE CITY OF DANIA ("City"), a municipal corporation of Florida, with a business location at 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, and EAGLE PAINTING ("Contractor"), with its principal place of business located at lui3b N.W. 46 street sunrise, Florida 33351 (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, City and II 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 painting of the City of Dania Administrative Center located at the City address first specified above, as such items.are more particularly described in the Painting 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 PAINTING OF I` CITY OF DANIA'S ADMINISTRATIVE CENTER 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004 , � 11rt I 1T ra.se f. . � i _14_ 1.3 On October 27 , 199 8 , the City awarded the bid to Contractor aand 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. I 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. -15- I 2.7 Contractor shall guarantee the entire Project against poor workmanship and faulty materials for a period of seven (7)years 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 did commence (the "Commencement Date"). Contractor shall complete the Project work no later than forty-five (45) days after the Commencement Date and notify City in writing of that work (the "Completion Date"). 3.2 This Agreement may be terminated by City 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. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT 4.1 After Contractor gives City written notice of the Completion Date, City agrees to compensate Contractor, as follows, no later than twenty (20) business days after the City Building Official or his designated representative approves all of Contractor's completed Project work pursuant to the provisions of this Agreement: VevZf�, TOTAL AGREEMENT AMOUNT: Project completion shall be evidenced by a writing to that effect, issued by the City Building Official and given to the City Clerk. 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. f d l��,sG,� I� -16- I 4.2 Payment will be made to Contractor at: VC 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, I lawsuits, deficiencies or faulty work appearing within seven (7) years after final payment, or from any variations from the requirements of the Painting 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, and after all guarantees that appear in this Agreement and as otherwise set forth in the specifications have been furnished and are found acceptable by the City. ARTICLE 5, CHANGES IN SCOPE OF WORK 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 Painting 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. -17- I soma 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. I e 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. 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. I -19- 1 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. i I ARTICLE 10 PUBLIC CONSTRUCTION BOND 10.1 At the time of the execution of this Agreement, Contractor shall furnish a Public Construction Bond equal to the amount of the bid or an Irrevocable Letter of Credit acceptable to City in the amount of one hundred fifty percent(150%) of the bid from Contractor's lending institution which will be considered Bond Coverage for the City (in either case, the guarantee is referred to in this Article 10 as the "Bond"). If a Public Construction Bond is submitted, it will be in the form prescribed by Florida law (a copy of such Bond is attached to this Agreement, identified as Exhibit "B" and incorporated by this reference). Any authorized Bond shall guarantee to the City the completion and performance of the work covered in the Agreement. The Bond shall at all times be valid and in force to cover the work being performed. The Bond shall be executed by a Surety Company approved by the U.S. Treasury Department, licensed to do business in the State of Florida, and having a registered agent in Broward County (the "Surety") or, if an Irrevocable Letter of Credit is supplied, it must first be reviewed and approved in writing as acceptable to City in all respects, including the identity and location of the issuing bank, by the City's Chief Financial Officer, which approval will not be unreasonably withheld. li ..;J II .q -20- tk 10.2 The Contractor agrees to keep any such Bond, or a replacement of it, in full \ force and effect at all times during the course of performance of this Agreement. In addition to the foregoing requirements, such Bond shall contain provisions, whether by attaching endorsements or supplemental agreements, guaranteeing to the City the completion of the work described in this Agreement. Contractor may comply with the requirements of this provision by causing the Bond to specifically name the CITY OF DANIA as one of the parties to i whom the protection afforded by the Bond is extended or as an alternative, may furnish the City with a separate Bond meeting the same criteria provided above. 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. 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. -21- i 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 parry, 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. 22 13.2 Operations During Dispute. . 1 13.2.1 In the event that a dispute, if any, arises between the City and the jContractor 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 i 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 1 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. 1 -23- 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: City: Kenneth Koch, Building Official City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Copy to: Thomas J. Ansbro, Esq. City Attorney Brinkley, McNerney, Morgan, et al. P O Box 522 Fort Lauderdale, Florida 33302-0522 Contractor: le la in9 & Fed Sun/BSc �• 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. -24- A 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. j14.10 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. -25- IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA, A Florida Municipal Corporation ATTEST: i MARIE JABALM CITY CLERK-A DIITOR — JIM CA , POMMISSIONER I APPROVED FOR FORM AND CORRECTNESS: BY: M CITY MANAGER THOM J. AN BRO, CITY ATTORNEY CONTRACTOR: COMPA Y NAME CORPORATE SEAL: E : ,!F APPLICABLE; SIGNATURE Jc.c,� t7r PRINT NAME TITLE STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer dulputyi rized by law to administer oaths and take acknowledgments, personally appeared .'ci a � , as , and as respectively, of Contractor, _,f+J+�' e . , a Florida fcnrnoWL&X partnership, etc. —to be specified): 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 T.E F REGOING, I have set my hand and official seal at in the State and County aforesaid on 1998. f Notary Public, State of Florida at Large My Commission Expires: G� -26- I I - 1 BID PROPOSAL FOR PAINTING OF THE CITY OF DANIA ADMINISTRATIVE CENTER 100 WEST DANIA BEACH BLVD. DANIA, FL 33004 4/ /Gf117 � proposes to clean, prep, patch, seal and paint the (Compan ame) CBS building at this address in conformance to the/bid specification package which is hereby incorporated by reference. TOTAL PROPOSAL $ �GcC �� Printed name of Company Representative nature of Company Representative Sworn to and subscribed before me this 'X2—day of , 1998, by IV 9— '�- Q--- who is(Personally Known or Showing Identification) and (did/did not) take an oath. Stamp/Seal E4 = REEI6IANNota Public—State ofH s96zez,pa7J,Y000County of RAacunaeixfm R -27- EXHIBIT "A" PAINTING SPECIFICATIONS FOR CITY OF DANIA ADMINISTRATIVE CENTER 100 WEST DANIA BEACH BLVD. DANIA, FL 33004 GENERAL I. General Conditions: 1. All labor performed by the Contractor shall include furnishing all materials, labor, tools and equipment to complete the coating of the building 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 substrates and the correct application of coatings specified. 3. The specifications stipulated herein shall be considered a part of the attached ' painting agreement. Any disagreements over any portion of these specifications must be brought to the attention of the City's Liaison, or his representative, who will determine, in writing, any changes that can be made. II. Colors: To be decided III. Substrates to be Coated: 1, Exterior exposed masonry walls 2. Exterior non-exposed masonry walls 3. Masonry Planter Box Walls and Masonry Dumpster Enclosures 4. Previously painted metal doors and frames, and metal grills 5. Previously painted metal gutters and downspouts 6. All bare metal gutters and downspouts 1 IV. Alternates: None 2 V. Special Instructions: i Workmanship: 1. All coatings shall be applied free from runs, sags, holidays, wrinkles, streaks, shiners and brush marks. 2. All materials shall be applied in a uniform manner. Any thinning of coatings shall be done in accordance with the manufacturer's label instruction. 3. No exterior painting shall be conducted if air or surface temperature is below 500 F, i nor immediately after rain, nor until frost, dew or condensation has had time to evaporate. 4. Contractor shall assure that all work is performed in a workmanlike manner and carried out so as to minimize any inconvenience to the residents. Contractor shall maintain a full work force from the commencement of work to its completion. Contractor shall have a qualified foreman on the job site at all times. VI. Materials: 1. Bids shall be based on coatings that meet requirements of specifications. Manufacturer's specifications and information must be submitted with bid proposal. 2. All coatings shall be delivered to the job site in the manufacturer's original, sealed containers with manufacturer's labels. 3. The City reserves the right, at his own expense, to take samples of any materials the Contractor plans to use and have them tested by an approved laboratory to confirm that the materials meet the standards of these specifications. I VI I. Warranty: 1. Contractor shall provide a minimum seven (7) year warranty on paint materials (by manufacturer.) 2. To assure proper control and documentation, all required materials shall be purchased from one location. This location shall be agreed upon between Contractor and City prior to the commencement of work. VIII. Inspection: 1. Any coating application or surface preparation which does not conform to these specifications, or which does not meet with the approval of the City's representative, shall be removed, corrected and/or repaired or repainted to meet these specifications. The Contractor shall be available for regular inspections throughout the work process. -3- i IX. Safety: 1. The Contractor shall be responsible for seeing that employees read and follow all label directions and safety requirements recommended by the manufacturer of all products. 2. Contractor shall take appropriate measures to ensure protection of neighboring and surrounding property, to include buildings, sidewalks, streets and vehicles. Contractor sha!I arrange with the City's Public Works Department for barricades to keep vehicles from parking in front of the work areas on both adjoining streets, to keep pedestrian traffic off of the sidewalks in these same areas, and to direct pedestrian traffic to the opposite side of the roads and not into the vehicular traffic area. Such request shall be made 5 business days prior to date of work to be performed. Barricades are to be installed and removed on the same day of work to be performed (work to include cleaning and painting.) 3. Contractor shall protect all landscaping materials, walks, sidewalks and other flat work from both cleaning and painting. PREPARATION X. Preparation of Surfaces to be Coated: 1. It has been found that 90% of all paint and coatings failures can be directly attributed to improper preparation of the substrate. It is essential that all surface preparation instructions on all substrates be followed to assure maximum benefit of all coatings applied. Although regular inspections will be conducted, it is the ultimate responsibility of the Contractor to assure that all surfaces to be coated are properly prepared prior to the application of any coating. 2. The Contractor is held wholly responsible for the quality of his work. He shall apply no coatings until the substrates are in sound condition. 3. Should the Contractor consider any surface unsuitable for coating, he shall notify the City in writing. He shall not apply coatings until corrective measures have been taken or until the City instructs him to do so. 4. All substrates shall be clean. 5. Previously Painted Masonry & Stucco Surfaces: a. A solution of commercial mildewcide (chlorine) shall be applied to remove dirt, mildew and all red and green mildew. This solution should be allowed to stay on the surface until all mildew has been killed. A second application will be applied if necessary. The Contractor shall assure that the applicator uses standard safety precautions such as the use of rubber gloves, work goggles and protective clothing. -4- b. All stucco and masonry surfaces shall be pressure cleaned at a minimum of 3,000 P.S.I. to remove all existing deteriorating coatings, mildew, staining, dirt and other contaminants. The use of a pressure cleaner with a rotating nozzle is recommended to facilitate the removal of the surface contaminants and to help identify any areas that are not presently deteriorating. All masonry surfaces must be free of dirt, grease, oil, chalk, staining, mildew, etc. All surfaces must be allowed to dry thoroughly before proceeding. If necessary, the cleaning procedures will be repeated. Surfaces shall be tested with Phenothelien (chemically) to make certain stucco has dried before any coating is applied. 6. All rust leaching from reinforcing steel shall be chipped to the reinforcing rods and primed with Primer as per Product Specification Data Sheet. 7. Rust stains shall be thoroughly removed. After wetting the surface with water, apply a solution of 2% oxalic acid or appropriate oxalic acid compound in water. It is important to observe the precautions listed on the container for these compounds for safe handling and storage. Wash with a sponge and scrub brush until stain is removed, then rinse with clean water. Where rust staining is evident, spot prime areas with one coat of clear acrylic sealer as per Product Specification Data Sheet. Apply two coats if necessary. SEALANTS XI. Specified Caulking Procedures: 1. All loose or deteriorating perimeter caulking around exterior doors, windows and any expansion joints shall be cleaned out. The masonry surface at the joint is to be sealed with Clear Acrylic Sealer(CAS) as per Product Specification Data Sheet. The metal surface shall be wiped with solvent and re-caulked with one part urethane caulk, forming a complete seal from metal to stucco, tooling the application in a manner to insure proper adhesion and a workmanlike professional appearance. Note: All windows shall be re-caulked 3600 (degrees). All masonry surfaces, including cleaned out cracks, shall be coated with one coat of Clear Acrylic Sealer (CAS) as per Product Specification Data Sheet, prior to cracks being filled with any patch or caulking material. 2. All loose, broken or spalling stucco must be removed and adjacent areas or suspect areas "sounded"for deteriorated stucco. Prior to re-stuccoing, the affected area will be bonded. Stucco work shall conform to the surrounding areas as closely as possible. 3. All larger than hairline cracks in masonry (over 1/16") shall be ground out mechanically to a V formation or U formation measuring 'W, then blown or brushed out to remove all dust and shall be dried of all moisture. The opening shall be knifed in with Elastomeric Patch Compound, completely filling the void. III 5 i 4. Once cured, the filled crack shall be over-coated with Elastomeric Patch Compound 1 Textured Brush Grade over a properly primed surface, crowing the application approximately 1/16" over the center of the crack and feathering the edges approximately 3" on either side to match the adjacent surface. 5. All hairline cracks (less than 1/16 ) shall be filled with Elastomeric Patch Compound Textured Brush Grade over a properly primed surface, crowing the application approximately 1/16' over the center of the crack and feathering the edges approximately 2" on either side to match the adjacent surface. Note: Previously repaired cracks which have reopened shall have all existing patching material removed and the crack treated as in 3,4 & 5 above. COATING SCHEDULE i XI I. Exterior Stucco: APPLY TEXTURED COATING TO ALL NON-TEXTURED WALLS ON WEST END OF BUILDING, AND WEST SIDES OF NORTH AND SOUTH ENDS. All Exterior Exposed Masonry Walls: Prime: Apply one coat of clear acrylic sealer as per product specification data sheet. (pg 9) Finish: Apply one coat of 100% acrylic elastomeric coating as per product specification data sheet. (pg. 8) i XIII. Exterior Non-Exposed Masonry Walls Prime: Spot prime any bare surfaces with clear acrylic sealer. (pg. 9) Finish: Apply one full coat of acrylic exterior house paint to the entire surface as per manufacturer's data specifications. (pg. 11) XIV. Masonry Planter Box Walls and Masonry Dumpster Enclosure Prime: Apply one full coat of clear acrylic sealer to the entire surface to be painted as per manufacturer's instructions. (pg. 9) Finish: Apply one full coat of acrylic exterior house paint as per manufacturer's data specifications. (pg. 11) i i XV. Previously Painted Metal Eave Drip: Prime: Spot prime any bare metal with metal primer per manufacturer's data specifications. (pg. 7) Finish: Apply one full coat of flat acrylic trim coating as per manufacturer's data specifications. (pg 11) XVI. Previously Painted Metal Doors and Frames, and Metal Grills: Prime: Spot prime any bare surfaces with metal primer. (pg 7) Finish: Apply one full coat of acrylic exterior house paint to the entire surface as per Ij manufacturer's data specifications. (pg. 11) XVII. All Bare Metal Gutters and Downspouts Prime: Apply one full coat of pigmented acrylic sealer to the entire surface to be coated as per manufacturer's product specification data sheet. (pg. 10) Finish: Apply one full coat of acrylic exterior house paint to the entire surface as per manufacturer's specification data sheet. (pg. 11) Vill. Application may be by Brush, Roller or Spray. XIX. Cleanup: 1. All glass to be scraped and washed to remove all paint and caulking materials. I 2. All paint materials and related debris to be removed from landscaping, walks, grass, and surrounding areas. 3. Any grass or landscaping destroyed by Contractor shall be replaced at Contractor's expense. -7- Product Description: Metal Primer i Galvite is a single component acrylic vehicle coating formulated for use on galvanizing in mild industrial and commercial environments. Product Information: • Excellent adhesion to galvanized surfaces. • Functions as a barrier to prevent peeling of paints over galvanized metal • Develops early moisture resistance. • High light reflectance—one coat—finish for multiple substrates. For Use on: Interior and exterior galvanized metal and Galvaiume surfaces to be top coated with oil/alkyd topcoats; metal deck ceiling paint; recommended for galvanized metal, ducts, primed ferrous j metal, joists, conduits and ceilings. Technical Data Color: Off White / Flat Product Type: Solvent Based Enamel Recommended Thickness: Wet mils: 6.0 —9.0 Dry mils: 2.0 — 3.0 Coverage: Approx. sq. ft./gal.: 200-295 Flash Point: 1070 F Weight per gallon: 12 lbs. Dry Time: (Temp. & Humidity Dependent) @ 771 F & 50% RH @ 6 mils wet To Touch: 1 hour Tack Free: 2.5 hours To Recoat: 3 hours Reduction Solvent: Xylene, R2K4 Volume Solids: 37 ± 2% Weight Solids: 62 ± 2% VOC: 4.13 lbs./gal. -8- Elastomeric (100% Acrylic Elastomeric Coating) Product Description: Elastomeric is a 100% acrylic elastomeric waterproofing wall coating made from a blend of the finest acrylic resins and pigments available. This blend will give the product excellent hiding, workability and durability. Elastomeric is a superior quality high build exterior coating designed to be used on a variety of masonry surfaces. Elastomeric provides a chalk and mildew resistant smooth finish which when applied in accordance with our coating system specification, will water-proof and beautify all above ground vertical masonry surfaces. Elastomeric can be tinted in a wide range of custom colors. Product Information: * Resistance to wind driven rain * Yellowing & mildew resistant * Moisture resistance * Resistance to blistering & cracking *Adhesion to concrete * Easy clean-up * Protection against salt environment For Use on: Use on all above grade masonry surfaces (concrete walls, block and stucco). Elastomeric is suitable for new construction or for maintenance projects. Elastomeric is ideal for hotel or condominium exterior painting and waterproofing. Technical Data Color: To be decided Product Type: 100% Acrylic Sheen or Gloss: 5% @ 850 Percent Solids: Volume: 52.0% 2% Weight: 64.0% 2% Recommended Thickness: Wet mils: 16 - 20 Dry mils: 8 - 10 Coverage: 80 sq. ft./gal. @ 10 mils DFT Flash Point: 2000 F or over (TT-P-141, Method 4293) Dry Time: 1-2 hrs., Tack Free 4 - 6 hrs., Recoat 7-10 days, Full Cure (all @ 75* F, 50% R.H.) Reduction Solvent: Do not thin y Clean-up Solvent: Warm soapy water ✓ VOC: 1.0 lbs./gal. maximum -9- Clear Acrylic Sealer l Product Description: Clear acrylic sealer is an excellent surface conditioner designed to penetrate deeply and rebind chalky residue on weathered surfaces. Clear acrylic sealer is alkali resistant and makes an excellent foundation for elastomeric coatings as well as exterior paints. The clear formula minimizes the appearance of overspray and roller spatter. Product Information: * Binds Chalky Surfaces " Use on Damp Surfaces ` Quick Dry ' Water Clean-up 'Alkali Resistant For Use on: Designed for masonry surfaces, clear acrylic sealer is recommended for new and bare stucco, block, brick, stone and poured or precast concrete. Clear acrylic sealer may also be used on asbestos shingles, plaster or wood. Recommended for vertical and horizontal surfaces. Technical Data Color: Clear Product Type: 100% Acrylic Sheen or Gloss: 65% @ 600 Percent Solids: Volume: 21.3% Weight: 22.1% Recommended Thickness: 3.5 to 4.5 mils wet 0.7 to 1.0 mills dry Coverage: 450 sq. ft. per gallon @ .07 mils dry Weight per gallon: 8.4 lbs. Flash Point: 2000 F or over (TT-P-141, Method 4293) Dry Time: 1 hour @ 770 F., Tack Free 6 - 8 hrs. @ 770 F., Recoat 7 days @ 770 F., Full Cure Reduction Solvent: Clean water Clean-up Solvent: Warm soapy water VOC: 1.0 lbs./gal. maximum -10- i Pigmented Acrylic Sealer (Primer) Product Description: Surface conditioner designed to penetrate deeply and rebind chalky residue on weathered surfaces. Pigmented acrylic sealer is alkali resistant and makes an excellent foundation for exterior paints. The pigmented formula provides extra hiding power for finish coats. Product Information: * Binds Chalky Surfaces * Use on Damp Surfaces * Quick Dry *Water Clean-up *Alkali Resistant For Use on: Designed for use on masonry surfaces, pigmented acrylic sealer is recommended for new and bare stucco, block, brick, stone and poured or precast concrete. Pigmented acrylic sealer may also be used on asbestos shingles, plaster or wood. Recommended for vertical and horizontal surfaces. Technical Data i Color: White Product Type: 100% Acrylic Sheen or Gloss: Flat Percent Solids: Volume: 33.5% Weight: 45.3% Recommended Thickness: 3.5 to 4.5 mils wet 1.2 to 1.5 mils dry Coverage: 450 sq. ft. per gallon @ 1.2 mils dry Weight per gallon: 10.1 lbs. Flash Point: 2000 F or over Dry Time: 1 hour @ 750 F., Tack Free 6 - 8 hrs. @ 75* F., Recoat 7 - 10 days @ 751 F., Full Cure Reduction Solvent: Clean water j Clean-up Solvent: Warm soapy water VOC: 1.04 lbs./gal. Maximum 11 'fir , Flat Acrylic House Paint Acrylic Trim Paint Product Description: at exterior latex house paint formulated for High quality, high performance, low luster, flat, exceptional adhesion, flexibility and exterior durability. A generous amount of 100% acrylic resins produces a paint film that is mildew resistant, alkali resistant, extremely flexible and resistant to hydrolysis. Product Information: * Color Fast * High Hiding * Excellent Durability * Excellent Adhesion * Blister, Crack and Peel Resistant * Quick Drying * Resists Mildew For Use on: Flat acrylic house paint is for use on exterior walls and trim, including new or previously painted wood, wood shingles, hardboard, concrete, stucco, brick, cement, asbestos shingles, galvanized metal and aluminum or vinyl siding. Because of heat absorption, do not use dark colors on vinyl siding. Use for residences, schools, churches, hotels, offices, warehouse buildings, etc. Technical Data Color: To be decided Trim: To be decided Product Type: 100% Acrylic Sheen or Gloss: 1 to 5 @ 85 degrees Percent Solids: Volume - 39.6% Recommended Thickness: 3.5 to 4.0 mils wet 1.4 to 1.6 mils dry Coverage: 400 sq. ft. per gallon on smooth non-porous surfaces Flash Point: 2000 F or over Weight per gallon: 11.88 lbs. Dry Time: 30 min., Tack Free 4 hrs., Recoat 7-10 days, Full Cure (all @ 750 F, 50% R.H.) Reduction Solvent: Water Clean-up Solvent: Water VOC: 1.5 lbs./gal. maximum -12- EXHIBIT "B" PUBLIC CONSTRUCTION BOND BY THIS BOND, We, as Principal and _ a corporation, as Surety, are bound to THE CITY OF DANIA, FLORIDA, herein called Owner, in the sum of Dollars ($ ), for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , 199_, between Principal and Owner pertaining to , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in §255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal for the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract [including, but not j limited to, all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains as a result of Principal's delayed completion of the contract (i.e., liquidated or actual damages for delayed completion), failure to provide or breach of any warranties or guarantees required by or given under the contract, failure to provide accurate as-built drawings, breach of the indemnification clauses in the contract, failure to maintain continuously the insurance requirement required by the contract, failure to pay all royalties or license fees, or failure to provide for safety of persons and property; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents, compliance or noncompliance with any formalities connected with the contract or to the contract, or Principal's allegation that its performance under the contract was prevented or frustrated by the Owner or that Owner breached the contract, the changes does not affect Surety's obligation under this bond. DATED ON 199 (Name of Principal) By: (As Attorney in Fact) (Name of Surety) -13- 1 i low I i i( f =L