HomeMy WebLinkAboutR-1998-145 RESOLUTION NO. 145-98
I RESOLUTION OF THE CITY OF DANIA, FLORIDA,
1111 CONDITIONALLY ACCEPTING THE BID PROPOSAL
SUBMITTED BY COASTAL CONTRACTING &
DEVELOPMENT, INC. 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
RENOVATION OF FIRE STATION NO. 1; 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 Coastal Contracting & Development, Inc. in the amount of
$637,250.00 based upon competitive bids, for the renovation of Fire Station No. 1.
Section 2. That that certain agreement between the City of Dania and Coastal
Contracting & Development, Inc. for labor and materials necessary to complete the
renovations of the City of Dania's Fire Station No. 1, 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 That all resolutions or parts of resolutions in conflict are repealed to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. 145-98
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 SEPTEMBER, 1998.
,,_-
MAYOR-COMMISSIONER
ATTEST: ROLL CALL:
MAYOR CALI -YES
VICE-MAYOR ETLING -YES
COMMISSIONER BERTINO -YES
COMMISSIONER HYDE - YES
CITY CLE —AUDITOR
APPROVED AS TO FORM
AND CORRECTNESS:
I
By:
T M S J. ANSBRO
} CITY ATTORNEY
RESOLUTION NO. 145-98
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1
Agreement Between City and Contractor
AGREEMENT
Between
CITY OF DANIA
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and
for
FIRE STATION NO. 1 RENOVATIONS
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This is an Agreement between: The CITY OF DANIA , a municipal corporation in the State of
Florida, hereinafter referred to as "CITY"
AND
COASTAL CONTRACTING & DEVELOPMENT, INC. , its successors and assigns, hereinafter
i referred to as"CONTRACTOR"
i WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and
payments set forth below, and other good and valuable consideration, the adequacy and receipt
of which are acknowledged, CITY and CONTRACTOR agree as follows:
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ARTICLE I
1 GENERAL PROVISIONS
1.1 BASIC DEFINITIONS
Wherever used in this Agreement or in the other Contract Documents the following terms have
the meanings indicated which are applicable to both the singular and plural thereof:
1.1.1 Agreement - The written agreement between CITY and CONTRACTOR covering
the Work to be performed including other Contract Documents that are attached to the
Agreement or made a part thereof.
1.1.2 Not Used
1.1.3 Change Order- A document which is signed by CONTRACTOR and CITY and
authorizes an addition, deletion or revision in the Work within the general scope of this
Agreement, or an adjustment in the Contract Price or the Contract Time, issued on or
after the Effective Date of the Agreement.
1.1.4 CITY-The City Commission of the CITY OF DANIA, FLORIDA.
1.1.5 Contract Documents - The Contract Documents consist of the Drawings, Plans
and Specifications, Non-Collusion Affidavit, Public Entity Crimes Form, Agreement,
Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any
additional documents which are required to be submitted under the Contract, and all
amendments, modifications and supplements, Change Orders and Work directive
changes issued on or after the effective date of the Contract.
1.1.6 Defective - An adjective which when modifying the Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or
does not meet the requirements of any inspection, reference standard, test or approval
referred to in the Contract Documents, or has been damaged prior to final payment.
1.1.7 Drawings - The drawings which show the character and scope of the Work to
be performed and which are referred to in the Contract Documents.
1.1.8 Effective Date of the Agreement - The date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the two parties to sign and deliver.
1.1.9 ARCHITECT- Manuel Synalovski Architects, Inc.
3109 Stirling road, Suite 202, Ft. Lauderdale, Florida 33312
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1.1.10 Field Order - A written order issued by the ARCHITECT which orders minor
i changes in the Work but which does not involve a change in the Contract Price or the
Contract Time.
li 1.1.11 Notice to Proceed -A written notice given by CITY to CONTRACTOR fixing
the date on which the Contract Time will commence to run and on which
CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract
Documents.
1.1.12 Project is the total construction for which the Contractor is responsible under
this agreement, including all labor, materials, equipment and transportation used or
incorporated in such construction.
1.1.13 Specifications -Those portions of the Contract Documents consisting of written
JI technical descriptions of materials, equipment, construction systems, standards and
Workmanship as applied to the Work and certain administrative details applicable
thereto.
1.1.14 Subcontractor - An individual, firm or corporation having a direct Contract
with CONTRACTOR or with any other Subcontractor for the performance of a part
of the Work at the site.
1.1.15 Supplier - A manufacturer, fabricator, Supplier, distributor, materialman or
vendor.
1.1.16 Work - Work is the result of performing services, specifically, including but not
limited to construction, furnishing labor, soil borings, equipment and materials
incorporated used or incorporated in the construction of the entire Project as required
by the Contract Documents.
1.1.17 Work Change Directive - A written directive to CONTRACTOR issued on or
after the effective date of the Agreement and signed by CITY and recommended by
ARCHITECT ordering an addition„ deletion or revision in the Work. A Work Change
Directive shall not change the Contract price or time, but is evidence that the parties
expect that the change directed or documented by a Work Change Directive will be
incorporated in a subsequently issued Change Order following negotiations by the
parties as to its effect, if any, on the Contract Price or Contract Time.
1.1.18 Written Amendment - A written amendment of the Contract Documents,
signed by CITY and CONTRACTOR on or after the Effective Date of the Agreement
and normally dealing with the non-architectural, or non-technical aspects rather than
strictly Work related aspects of the Contract Documents.
1.1.19 Substantial Completion- "Substantial Completion" means the issuance of a
final (i.e., not partial or temporary) Certificate of Occupancy, and the term "Final
Completion" means the City acceptance of the job or when the punch list is
completed, whichever is later.
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1.2 EXECUTION, CORRELATION AND INTENT
1.2.1 This Agreement shall be signed in duplicate by the City and Contractor.
1.2.2 It is the intent of the City and Contractor that the Contract Documents include all
items necessary for proper execution and completion of the Work. The Contract
Documents are complementary, and what is required by any one shall be as binding as
if required by all. Work not covered in the Contract Documents will not be required
unless it is consistent with and is reasonably inferable from the Contract Documents as
being necessary to produce the intended results. Words and abbreviations which have
well-known technical or trade meanings are used in the Contract Documents in
accordance with such recognized meanings.
1.3 Enumeration of Contract Documents:
1.3.1 The Contract Documents which comprise the entire agreement between CITY
and CONTRACTOR are attached to this Agreement, made a part hereof and consist of
the following:
(1) This Agreement (pages 1 to 55, inclusive) and Bidding Requirements (pages A-
1 to A-25, inclusive).
(2) Plans and Specification Attachments
(3) Public Construction Bond, consisting of 2 pages.
(4) Insurance certificate, consisting of 1 page.
(5) Notice of Award and Notice to Proceed.
(6) All applicable provisions of State, Federal or local law.
(7) Any modification, including all Change Orders, duly delivered after execution of
this Agreement.
1.3.2 If any portion of the Contract Documents appears to be in conflict with any other
portion, the various documents comprising the Contract Documents shall govern in the
following order of precedence:
(1) The Supplementary General Conditions;
(2) The Additional General Conditions;
(3) The General Conditions;
(4) The Agreement;
(5) The Supplemental Instructions to Bidders;
(6) The Additional Instructions to Bidders; and
(7) The Instructions to Bidders.
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As between schedules and information given on Drawings, the schedules shall govern;
as between figures given on Drawings and the scale measurements, the figures shall
govern; as between large scale drawings and small scale drawings, the larger scale
shall govern.
1.4 Intent:
It is the intent of the Contract Documents to describe a functionally complete Project in
accordance with the Plans and Specifications. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the
intended result will be supplied whether or not specifically called for. When words which have
a well known technical or trade meaning are used to describe Work, materials or equipment
such words shall be interpreted in accordance with that meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association, or to the
laws or regulations of any governmental authority, whether such reference be specific or by
implication, shall mean the latest standard specification, manual, code or laws or regulations in
effect at the time of contract award, except as may be otherwise specifically stated. However,
no provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the Contract Documents) shall be effective to change
the duties and responsibilities of CITY, CONTRACTOR, or any of their consultants, agents or
employees from those set forth in the Contract Documents.
1.5 Conflict, Error or Discrepancy:
If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in
the Contract Documents, CONTRACTOR shall so report to ARCHITECT in writing at once and
before proceeding with the Work affected thereby shall obtain a written interpretation or
clarification from CITY through the ARCHITECT.
1.6 Amending and Supplementing Contract Documents:
The Contract Documents may be amended to provide for additions, deletions and revisions in
the Work or to modify the terms and conditions thereof in one or more of the following ways:
1.6.1 A Change Order; or
1.6.2 A formal written amendment.
1.6.3 Work Change Directive.
1.7 Supplements, Minor Variations or Deviations:
In addition, the requirements of the Contract Documents may be supplemented and minor
variations and deviations in the Work may be authorized in one or more of the following ways:
1.7.1 ARCHITECT'S approval of a shop drawing or sample; or
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1.7.2 ARCHITECT'S written interpretation or clarification.
II 1.7.3 A Field Order.
1.8 Representation of CONTRACTOR.
CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents,
the Work, the locality, and with all local conditions and federal, state, and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress, or
performance of the Work. CONTRACTOR has made or caused to be made examinations,
investigations, tests and studies, as it deems necessary for the performance of the Work at the
Contract price, within the Contract time, and in accordance with other terms and conditions of
the Contract Documents, and no additional examinations, investigations, tests, reports, or
similar data are or will be required by CONTRACTOR for such purposes.
1.9 Before Commencing Operations:
Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare
the Contract Documents and check and verify pertinent figures shown thereon.
CONTRACTOR shall promptly report in writing to ARCHITECT and CITY any conflict, error or
discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from ARCHITECT before proceeding with any Work affected thereby.
1.10 CITYSHIP AND USE OF DOCUMENTS
1.10.1 All documents including drawings and specifications prepared or fumished by
Architect (and Architect's independent professional associates and consultants)
pursuant to this Agreement shall become owned by and be the property of the City and
the City shall thereby obtain ownership by any statutory common law and other
reserved rights thereto, including copyright; however, such documents are not intended
or represented to be suitable for reuse by City on extensions o the Project or on any
other project. Any such reuse, modification or adaption of such documents without
written verifiction or adoption by Architect for the specific purpose intended will be at
City's sole risk and without liability or legal exposure to Architect or to Architect's
independent professional associates or consultants. If required by City, any such
verification or adaption will entitle Architect to further compensation at rates to be
agreed upon by City and Architect. Nothing contained in this Agreement constitutes an
assignment of any copyrights or other ownership rights which the ARCHITECT
maintains.
1.10.2 Submission or distribution of documents to meet official regulatory requirements
or for other purposes in connection with the Project is not to be construed as
publication in derogation of the ARCHITECT's common law copyrights or other
reserved rights.
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I ARTICLE 2
1 CONTRACTOR
1 2.1 SERVICES AND RESPONSIBILITIES
2.1.2 The Contractor shall assist the City and ARCHITECT in filing documents
required to obtain necessary approvals of governmental authorities having jurisdiction
over the Project.
2.1.3 Unless otherwise provided in the Contract Documents, the Contractor shall
provide or cause to be provided and shall pay for labor, materials, equipment, tools,
construction equipment and machinery, water, heat, utilities, transportation and other
facilities and services necessary for proper execution and completion of the Work,
whether temporary or permanent and whether or not incorporated or to be incorporated
in the Work.
2.1.4 The Contractor shall be responsible for and shall coordinate all construction
means, methods, techniques, sequences and procedures.
2.1.5 The Contractor shall keep the City and ARCHITECT informed of the progress
and quality of the Work.
2.1.6 If requested in writing by the Contractor, the City, with reasonable promptness
and in accordance with time limits agreed upon, shall interpret the requirements of the
Contract Documents and shall decide (subject to other provisions in this Agreement
governing claims, disputes and other matters in question) matters relating to
performance. Such interpretations and decisions shall be in writing.
2.1.7 The Contractor shall correct Work which does not conform to the Construction
Documents.
2.1.8 The Contractor warrants to the City that materials and equipment incorporated
in the Work will be new unless otherwise specified, and that the Work will be of good
quality, free from faults and defects, and in conformance with the Contract Documents.
Work not conforming to these requirements shall be corrected in accordance with
Article 9.
2.1.9 The Contractor shall pay all applicable sales, consumer, use and similar taxes,
and shall secure and pay for building and other permits and governmental fees,
licenses and inspections necessary for the proper execution and completion of the
Work. The Contractor shall identify all governmental authorities and agencies having
jurisdiction to approve the construction, and obtain all permits and approvals with such
governmental authorities as have jurisdiction, and assist City in consultations with
appropriate governmental authorities and agencies in obtaining all required permits and
approvals.
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Without limiting the foregoing, Contractor shall pay all fees, costs, and expenses in
connection with the applications, processing, and securing of approvals or permits from
all governmental authorities which have jurisdiction over all aspects of this work except
City permits and fees which shall be waived except for so much of said fees as the City
is required to remit to other governmental agencies.
2.1.10 The Contractor shall give notices and comply with laws, ordinances, rules,
regulations and lawful orders of public authorities relating to the Project.
2.1.11 Contractor agrees to indemnify, defend, save and hold harmless the City, its
officers, agents and employees, from all damages, liabilities, losses, claims, fines and
fees, and from any and all suits and actions of every name and description that may be
brought against City, its officers, agents and employees, on account of any claims,
fees, royalties, or costs for any invention or patent or for the infringement of any and all
copyrights or patent rights claimed by any person, fine, or any and all copyrights or
patent rights claimed by any person, firm, or corporation.
2.1.12 The Contractor shall be responsible to the City for acts and omissions of the
Contractor's employees and parties in privity of contract with the Contractor to perform
any portion of the Work, including their agents and employees.
2.1.13 The Contractor shall keep the premises free from accumulation of waste
materials or rubbish caused by the Contractor's operations. At the completion of the
Work, the Contractor shall remove from and about the Project the Contractor's tools,
construction equipment, machinery, surplus materials, waste materials and rubbish.
Such obligations include the CONTRACTOR's responsibility to provide for off-site
disposal at no extra cost to the City.
2.1.14 The Contractor shall prepare Change Orders for the ARCHITECT's and City's
approval and execution in accordance with this Agreement. Any Work which is
commenced without a Change Order or Work Directive being approved shall constitute
a waiver of any claim of compensation for such Work. All Work Directives must be
approved by City Manager Michael W. Smith or his designee, identified as such in
writing.
2.1.15 The Contractor shall maintain in good order at the site one record copy of the
drawings, specifications, product data, samples, shop drawings, Change Orders and
other Modifications, marked currently to record changes made during construction.
These shall be delivered to the City upon completion of the construction and prior to
final payment.
2.2 BASIC SERVICES
The Project consists of constructing a one story CBS Fire Station addition for the City of
Dania, Florida, as shown on Contract Documents prepared by Manuel Synalovski
Architects, Inc. dated April 20, 1998. The Work is described in detail on Section 01010,
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"Summary of Work", of the Specification Manual. Site Work is included, but is not limited
11 to, signage; paving; site grading and earthWork; extensions/new underground site
utilities.
CONTRACTOR will provide necessary weather protection against rain, wind, storms, heat
as to maintain Work and contents of building.
All Work to be guaranteed for a minimum of one (1) year from the date of final
acceptance by the City.
2.3 Not used.
2.4 Shop Drawings and Samples;
2.4.1 Within fourteen (14) calendar days after issuance of the Notice to Proceed,
CONTRACTOR shall submit to ARCHITECT for review and approval five (5) copies of
all Shop Drawings for all equipment, apparatus, machinery, fixtures, piping, wiring,
fabricated structures and manufactured articles. The purpose of the Shop Drawing is
to show the suitability, efficiency, technique-of-manufacture, installation requirements,
details of the item and evidence of compliance with the Contract Documents. The data
shown on the Shop Drawings will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials and similar data to enable
ARCHITECT to review the information as required.
2.4.2 CONTRACTOR shall also submit to ARCHITECT for review and approval with
j such promptness as to cause no delay in Work, all samples required by the Contract
Documents and each sample shall be identified clearly as to material, Supplier,
pertinent data such as catalog numbers and the use for which intended.
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2.4.3 Before submission of each Shop Drawing or sample CONTRACTOR shall have
determined and verified all quantities, dimensions„ specified performance criteria,
installation requirements, materials, catalog numbers and similar data with respect
thereto and reviewed or coordinated each Shop Drawing or sample with other Shop
Drawings and samples and with the requirements of the Work and the Contract
Documents.
2.4.4 At the time of each submission, CONTRACTOR shall give ARCHITECT specific
written notice of each variation that the Shop Drawings or samples may have from the
requirements of the Contract Documents, and, in addition, shall cause a specific
notation to be made on each Shop Drawing submitted to ARCHITECT for review and
approval of each such variation. Failure to point out such departures shall not relieve
CONTRACTOR from his responsibility to comply with the Contract Documents.
2.4.5 Approval of the Shop Drawings by ARCHITECT shall be general and shall not
relieve CONTRACTOR of responsibility for the accuracy of such drawings nor for the
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proper fittings and construction of the Work, nor for the furnishing of material or Work required
by the Agreement and not indicated on the drawings. No Work called for by any Shop
Drawing shall be done until the drawings have been approved by ARCHITECT. The costs
incurred for the City Architect's review of shop drawings, substitutes, "or equal" items, or
change orders, shall be paid by the Contractor.
2.5 Supervision and Superintendence:
CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying CONTRACTOR'S best skill, attention and expertise.
CONTRACTOR shall be solely responsible for and have control over the means, methods,
techniques, sequences and procedures of construction. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the Contract Documents.
2.6 Resident Superintendent
CONTRACTOR shall keep on the Work at all times during its progress a competent resident
superintendent and any necessary assistants who shall not be replaced without written notice
to CITY unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in his employ. The superintendent will be CONTRACTOR'S representative at the site
and shall have authority to act on behalf of CONTRACTOR. All communications given to the
superintendent shall be as binding as if given to CONTRACTOR.
2.7 Labor
2.7.1 Construction services shall be performed by qualified construction contractors
licensed to do business in the State of Florida and Suppliers, selected and paid by the
CONTRACTOR.
2.7.2 CONTRACTOR shall provide and pay for competent, suitably qualified
personnel to perform the Work as required by the Contract Documents.
CONTRACTOR shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them. CONTRACTOR shall at all times maintain good discipline and
order at the site. Except in connection with the safety or protection of persons or the
Work or property at the site or adjacent thereto, and except as otherwise indicated in
the Contract Documents, all Work at the site shall be performed between the hours of
8:00 a.m. and 5:00 p.m., and CONTRACTOR will not permit overtime Work or the
performance of Work on Saturday, Sunday or any legal holiday without CITY'S written
consent.
2.8 Materials:
2.8.1 Unless otherwise specified herein, CONTRACTOR shall furnish, pay for and
assume full responsibility for all materials, equipment, transportation, machinery, tools,
appliances, water, heat, utilities and all other facilities and services necessary for the
furnishing, performance, testing, start-up and proper completion of the Work.
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2.8.2 CONTRACTOR warrants that all materials and equipment shall be of good quality and
�1 new, unless otherwise provided in the Contract Documents and that the Work will be
! free from defects whether patent or latent in nature. All materials and equipment shall
be applied, installed, connected, erected, used, cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as otherwise provided in the
Contract Documents.
2.9 Concerning Subcontractors, Suppliers and Others:
2.9.1 Within seven (7) calendar days after execution of the Contract and in any event
prior to the commencement of any Work hereunder, CONTRACTOR shall furnish, in
writing to CITY, the names of persons or entities (including those who are to furnish
materials or equipment fabricated to a special design) proposed for each principal
portion of the Work. CITY shall advise CONTRACTOR, in writing, of any proposed
person or entity to 'which CITY has a reasonable objection. Failure of CITY to reply
promptly shall constitute notice of no reasonable objection. CONTRACTOR shall not
contract with a proposed person or entity to whom CITY has made a reasonable and
timely objection. If CITY has reasonable objection to a person or entity proposed by
CONTRACTOR, CONTRACTOR shall propose another to whom CITY has no
reasonable objection. CONTRACTOR shall not change a Subcontractor, person or
entity previously selected if CITY makes reasonable objection to such change.
2.9.2 CONTRACTOR shall be fully responsible to CITY for all acts and omissions of
the CONTRACTOR'S employees, Subcontractors, Suppliers and other persons directly
or indirectly employed by his Subcontractors, Suppliers and of persons f or whose acts
any of them may be liable and any other persons and organizations performing or
furnishing of the Work under a direct or indirect Contract with CONTRACTOR. Nothing
in the Contract Documents shall create any Contractual relationship between CITY and
any such Subcontractor, Supplier or other person or organization, nor shall it create any
obligation on the part of CITY to pay or to see to the payment of any moneys due any
such Subcontractor, Supplier or other person or organization except as may otherwise
be required by laws and regulations.
2.9.3 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to
an appropriate agreement between CONTRACTOR and the Subcontractor which
specifically binds the Subcontractor to the applicable terms and conditions of the
Contract Documents for the benefit of CITY.
2.10 Patent Fees and Royalties:
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the
use in the performance of the Work or the incorporation in the Work of any invention, design,
process, product or device which is the subject of patent rights or copyrights held by others.
2.11 Laws and Regulations:
CONTRACTOR shall comply with and give all notices required by laws, ordinances, rules,
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regulations and lawful orders of public authorities applicable to the performance of the Work.
CITY shall not be responsible for monitoring CONTRACTOR'S compliance with any laws and
regulations. CONTRACTOR shall promptly notify CITY and ARCHITECT if the Contract
Documents are observed by CONTRACTOR to be at variance therewith.
2.12 Risk of Loss; Title:
The risk of loss, injury or destruction shall be on CONTRACTOR until acceptance of the Work
by CITY. Title to the Work shall pass to CITY upon acceptance of the Work by CITY.
2.13 Taxes:
CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid
by CONTRACTOR in accordance with the laws and regulations of the State of Florida and its
political subdivisions. CONTRACTOR is responsible for reviewing the pertinent state statutes
involving such taxes and complying with all requirements.
2.14 Use of Premises:
2.14.1 CONTRACTOR shall confine equipment, the storage of materials and
equipment and the operations of Workers to the Project site and areas identified in and
permitted by the Contract Documents and shall not unreasonably encumber the
premises with equipment or other materials. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to the City or occupant
thereof or of any land or areas contiguous thereto, resulting from the performance of
the Work. Should any claim be made against CITY by any such City or occupant
because of the performance of the Work, CONTRACTOR shall promptly attempt to
settle with such other party by agreement or otherwise resolve the claim. The
general indemnification provided elsewhere in this Contract specifically applies to
claims arising out of CONTRACTOR' S use of the premises.
2.14.2 In addition to the CONTRACTOR' obligations under paragraph 2.1.13 above,
CONTRACTOR shall leave the site clean and ready for occupancy by CITY.
CONTRACTOR shall restore to original condition all property not designated for
alteration by the Contract Documents.
2.14.3 CONTRACTOR shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall CONTRACTOR subject any
part of the Work or adjacent property to stresses or pressures that will endanger it.
2.15 Access to Work:
CONTRACTOR shall provide CITY, CITY'S consultants, representatives and personnel,
independent testing laboratories and governmental agencies with jurisdictional interests with
access to the Work at reasonable times for their observation, inspection and testing.
CONTRACTOR shall provide them proper and safe conditions for such access and advise
them of CONTRACTOR'S site safety procedures and programs so that they may comply
therewith.
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2.16 Safety and Protection:
2.16.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising
J all safety precautions and programs in connection with the Work to prevent damage,
injury or loss to all employees on the Work site and other persons and organizations
who may be affected thereby and in connection with all the Work and materials and
equipment to be incorporated therein, whether in storage on or off the site and other
property at the site or adjacent thereto.
2.16.2 CONTRACTOR shall comply with all applicable laws and regulations of any
public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss.
2.17 Indemnification:
2.17.1 GENERAL INDEMNIFICATION: Both parties agree that the City shall pay to
the Contractor FIVE HUNDRED dollars ($500.00) in consideration for the
Contractor agreeing to indemnify the City of Dania as provided under this
contract.
1 To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify,
defend, save and hold harmless the CITY, its officers, agents and employees, from or
on account of all claims, damages, losses, liabilities and expenses, direct„ indirect or
consequential including but not limited to fees and charges of ARCHITECTS,
attorneys, consultants and other professionals and court costs arising out of or alleged
to have arisen out of or in consequence of the Work of this Agreement. Such
indemnification shall specifically include but not be limited to claims, damages, losses,
liabilities and expenses arising out of or from:
(a) the negligent or defective execution of the design of the Project and Work of this
Agreement;
(b) any act, omission or default of the CITY, and CONTRACTOR or its Subcontractors,
agents, servants or employees;
(c) any and all bodily injuries, sickness, disease or death;
(d).injury to or destruction of tangible property, including the loss of use resulting
therefrom;
(e) other such damages, liabilities, or losses received or sustained by any person or
persons during or on account of any operations connected with the construction of this
Project including the warranty period;
(f) the use of any improper materials;
(g) any construction defect including both patent and latent defects;
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(h)failure to timely complete the Work in the time specified in this Agreement;
'\ (i) the violation of any federal, state, county or city laws, by-laws, ordinances or
regulations by CONTRACTOR, his Subcontractors, agents, servants, independent
contractors or employees;
Q) the breach or alleged breach by CONTRACTOR of any term of the Contract,
including the breach or alleged breach of any warranty or guarantee.
2.17.2 CONTRACTOR shall pay all claims', losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorney's fees and costs.
2.17.3 CITY reserves the right to select its own legal counsel to conduct any defense
(including all appeals) in any such proceeding and all costs and fees associated
therewith including any costs or fees of an appeal shall be the responsibility of
CONTRACTOR under the foregoing indemnification provisions. Nothing contained
herein is intended nor shall it be construed to waive CITY'S rights and immunities under
the common law or Florida Statute 768.28 as amended from time to time. This
obligation shall not be construed to negate, abridge, or otherwise reduce any other right
or obligation of indemnity which would otherwise exist as to any party described in this
Agreement.
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2.18 Survival of obligations:
All representations, indemnifications, warranties and guarantees made in, required by, or given
in accordance with this Agreement, as well as all continuing obligations indicated in the
Contract Documents, shall survive final payment, completion and acceptance of the Work and
termination or completion of the Agreement.
2.19 Correction and Removal of Defective Work:
If required by CITY and ARCHITECT, CONTRACTOR shall promptly, as directed, either correct
all defective Work, whether or not fabricated, installed or completed, or, if the Work has been
rejected by ARCHITECT and CITY, remove it from the site and replace it with non-defective
and consequential costs of
uch
tion
or removal (including but shall b t ot Imiteddto fees dand tcharges fARCHITECT's, sattorneys cand
other professionals) made necessary thereby.
PAGE 14 OF 55
ARTICLE 3
CITY
3.1 The City shall designate a representative authorized to act on the City's behalf with
respect to the Project. The City or such authorized representative shall examine documents
submitted by the Contractor and shall promptly render decisions pertaining thereto to avoid
delay in the orderly progress of the Work.
3.2 The City may appoint an on-site Project representative to observe the Work and to
i have such other responsibilities as the City and Contractor agree in writing prior to execution of
this Agreement.
3.3 The City shall cooperate with the Contractor in securing building and other permits,
licenses and inspections.
3.4 If the City observes or otherwise becomes aware of a fault or defect in the Work or
nonconformity with the Contract Documents, the City shall give prompt written notice thereof
to the Contractor.
3.5 The City shall furnish required information and services and shall promptly render
decisions pertaining thereto to avoid delay in the orderly progress of the design and
construction.
3.6 The City shall communicate with contractors only through the Contractor.
3.7 CITY shall furnish data required of CITY under the Contract Documents promptly.
3.8 Except for permits and fees which are the responsibility of CONTRACTOR, CITY shall
secure and pay for necessary approvals, easements, assessments and charges required for
construction, use or occupancy of permanent structures or permanent changes in existing
facilities.
3.9 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled Workers or
suitable materials or equipment, or fails to furnish or perform the Work in such a way that the
completed Work will conform to the Contract Documents, CITY may order CONTRACTOR to
stop the Work, or any portion thereof, until the cause for such order has been eliminated;
however, this right of CITY to stop the Work shall not give rise to any duty on the part of CITY
to exercise this right for the benefit of CONTRACTOR or any other party.
3.10 ARCHITECT's Responsibilities
3.10.1 ARCHITECT will be CITY'S representative during the construction period and
until final payment is due.
PAGE 15 OF 55
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3.10.2 Visits to Site:
ARCHITECT will make visits to the site at intervals appropriate to the various stages
of construction to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. ARCHITECT'S efforts will be directed toward providing for CITY a greater
degree of confidence that the completed Work will conform to the Contract Documents.
On the basis of such visits and on-site inspections, ARCHITECT shall keep CITY
informed of the progress of the Work and shall endeavor to guard CITY against defects
and deficiencies in the Work.
3.10.3 Technical Clarifications and Interpretations:
ARCHITECT will issue, with reasonable promptness, such written clarifications or
interpretations of the technical requirements of the Contract Documents as
ARCHITECT may determine necessary, which shall be consistent with or reasonably
inferable from the overall intent of the Contract Documents. Should CONTRACTOR fail
to request interpretation of items CONTRACTOR determines to be questionable in the
Contract Documents neither CITY nor ARCHITECT will thereafter entertain any excuse
for failure to execute the Work in a satisfactory manner based upon such a reason or
claim.
3.10.4 ARCHITECT will interpret and decide matters concerning performance under
the requirements of the Contract Documents upon written request of either CITY or
CONTRACTOR. ARCHITECT will make initial decisions on all claims, disputes or other
matters in question between CITY and CONTRACTOR. Written notice of each such
claim, dispute or other matter will be delivered by claimant to ARCHITECT and the
other party but in no event later than three (3) days after the occurrence of the event
giving rise thereto and written supporting data will be submitted to the ARCHITECT and
other party within five (5) calendar days after such occurrence. All written decisions of
the ARCHITECT on any claim, dispute or other matter will be final and binding upon
CITY and CONTRACTOR unless a written notice of intention to appeal from
ARCHITECT'S written decision is delivered within five (5) days after the date of such
decisions and a formal proceeding is instituted by the appealing party in a forum of
competent jurisdiction within thirty (30) days of the date of such decision. The
rendering of a decision by ARCHITECT with respect to any such claim, dispute, or
matter (except any which have been waived by the making or acceptance of final
payment) is a condition precedent to any exercise by CITY or CONTRACTOR of such
rights or remedies existing under the Contract Documents or by law.
3.10.5 Authorized Variations in Work:
ARCHITECT may authorize minor variations in the Work from the technical
requirements of the Contract Documents which do not involve an adjustment in the
PAGE 16 OF 55
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Contract Price or the Contract Time and are consistent with the overall intent of the
Contract Documents. These shall be accomplished by a be
on CITY, and so on CONTRACTOR who shallField
ll
perform the n o
Work f edfp omptly.'ng
3.10.6 Rejecting Defective Work:
ARCHITECT will have the authority to disapprove or reject Work which ARCHITECT
testing of the Work whether or not ot the Work is fabricated, installed special also have authority to require inspections or
r completed.
PAGE 17 OF 55
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ARTICLE 4
TIME
4.1 TIME IS OF THE ESSENCE OF THIS CONTRACT. The Work to be performed under
this Contract shall be commenced upon the date of Contract Commencement specified in the
Notice to Proceed and, subject to authorized adjustments, shall be complete within
180 calendar days thereafter. Failure to achieve Substantial Completion shall be regarded as
a breach of this Contract and CONTRACTOR shall be subject to appropriate remedies
including but not limited to liability for liquidated damages in accordance with Paragraph 4.8
herein.
4.2 The Contractor shall provide services as expeditiously as is consistent with reasonable
skill and care and the orderly progress of design and construction.
4.3 Time limits stated in the Contract Documents are of the essence of this Agreement.
The Work to be performed under this Agreement shall commence as directed in the Notice to
Proceed unless otherwise agreed in writing, Substantial Completion shall be achieved as
indicated in Article 14.
4.4 The Date of Substantial Completion of the Work is the date identified in paragraph
1.1.19, above.
j 4.5 CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or
I compensation of any kind from CITY for direct, indirect, consequential, impact or other costs,
expenses or damages including but not limited to costs of acceleration or inefficiency, or
extended overhead arising because of delay, disruption, interference or hindrance from any
cause whatsoever, whether such delay, disruption, interference be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for hindrances or
delays due solely to fraud, bad faith or active malicious interference on the part of CITY or its
agents. Otherwise, CONTRACTOR shall be entitled only to extensions of the Contract Time
as the sole and exclusive remedy for excusable events of delay. The following shall constitute
"Excusable Events of Delay":
(a) An act, delay or order of the City obstructing or delaying the Contractor
in the commencement, prosecution or completion of a Project activity other than an act,
delay or order issued by the City reasonably in good faith in its role as a Government
regulator or actions reasonably taken by the City in good faith, in the enforcement of its
ordinances, laws, executive orders or rules of general applicability. Nothing under this
subsection 4. shall be deemed an Excusable Event of Delay to the extent that
performance would have been suspended, delayed or interrupted by any other cause,
including but not limited to the fault or negligence of the Contractor or for which an
adjustment or extension to the Project Schedule is made or provided for, or excluded
under any other term or condition of this Contract.
PAGE 18 OF 55
(b) Acts of God, wars, fires (other than those resulting from the negligence
or willful misconduct of the Contractor or attributable to the Contractor), floods,
epidemics, quarantine restrictions and freight embargoes.
r (c) Strikes which are unforeseeable or beyond the control of the Contractor
to prevent and which are not the result of any or negligence of the Contractor, but only
if the Contractor takes reasonable action to perform notwithstanding the strike. Failure
to perform because of additional cost shall not be deemed compliance.
(d) Weather conditions exceeding normal weather conditions prevailing in
the area as defined by the average of the last ten (10) years of weather data as
recorded by the United States Department of Commerce, National Oceanic and
Atmospheric Administration at the Fort Lauderdale weather station.
(e) The City acting reasonably, will determine the number of days, if any,
that the Contractor has been delayed. Any disputes over the number of days, if any,
that the Contractor has been delayed shall be resolved in accordance with the Dispute
Resolution provisions. In addition, the Contractor shall continue performance of the
Contract Documents.
CONTRACTOR shall not be entitled to an increase in the Contract Price or
payment or compensation of any kind from CITY for direct, indirect, consequential,
impact or other costs, expenses or damages including but not limited to costs of
acceleration or inefficiency or extended overhead, arising because of delay, disruption,
interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable; provided, however, that this provision shall not preclude
recovery of damages by CONTRACTOR for hindrances or delays due solely to fraud,
bad faith, or active malicious interference on the part of CITY. Otherwise,
CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole
and exclusive remedy for delay.
4.6 NO RECOVERY FOR EARLY COMPLETION. If the CONTRACTOR submits a
schedule or expresses an intention to complete the Work earlier than any required milestone
or completion date, the CITY shall not be liable to the CONTRACTOR for any costs incurred,
lost profits, extended overhead, expenses or other damages of any kind because of delay or
hindrance regardless of whether such delay or hindrance was caused by the CITY, its
employees or agents should the CONTRACTOR be unable to complete the Work before such
milestone 'or completion date. The duties, obligations and warranties of the CITY to the
CONTRACTOR shall be consistent with and applicable only to the completion of the Work and
completion dates set forth in this Agreement.
4.7 Liquidated Damages:
Upon failure of the CONTRACTOR to complete the Work within the time specified for
completion (plus approved extensions if any), CONTRACTOR shall pay to CITY the sum of five
PAGE 19 OF 55
hundred and xx1100 dollars ($500.00) for each calendar day that the completion of the Work is
delayed beyond the time specified in the Contract for completion, as fixed and agreed
liquidated damages and not as a penalty. Liquidated damages are hereby fixed and agreed
upon between the parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay and both parties
desiring to obviate any question of dispute concerning the amount of said damages and the
cost and effect of the failure of CONTRACTOR to complete the Contract on time. Regardless
of whether or not a single Contract is involved, the above-stated liquidated damages shall
apply separately to each portion of the Work for which a time of completion is given. CITY
shall have the right to deduct from and retain out of moneys which may be then due or which
may become due and payable to CONTRACTOR, the amount of such liquidated damages and
if the amount retained by CITY is insufficient to pay in full such liquidated damages, the
CONTRACTOR shall pay in full such liquidated damages. CONTRACTOR shall be
responsible for reimbursing CITY, in addition to liquidated damages and any other per day
damages for delay, for all costs incurred by ARCHITECT, and inspection and other costs
incurred in administering the construction of the Project beyond the completion date specified
or beyond an approved extension of time granted to CONTRACTOR whichever is later.
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PAGE 20 OF 55
ARTICLE 5
1 PAYMENTS
5.1 CONTRACT SUM
CITY shall pay CONTRACTOR in current funds as full compensation for the performance of all
the Work subject to additions and deductions by Change Order as provided in this Agreement,
the Contract sum of
t 5.2 PROGRESS PAYMENTS
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5.2.1 The CONTRACTOR shall deliver to the City itemized Applications for Payment
for Payment. CONTRACTOR may requisition payments for Work completed during the
Project at intervals of not more than once a month. The CONTRACTOR'S requisition
shall show a complete breakdown of the Project components, the quantities completed
and the amount due, together with a certification by the CONTRACTOR that the
CONTRACTOR has disbursed to all Subcontractors and Suppliers their pro-rata shares
3 of the payment out of previous progress payments received by the CONTRACTOR for
all Work completed and materials furnished in the previous period and that properly
executed releases of liens by all Subcontractors, Suppliers and materialmen were
provided and included in the CONTRACTOR'S previous applications for payment, and
any other supporting documentation as may be required by the ARCHITECT or
Contract Documents. Each requisition shall be submitted in triplicate to the
ARCHITECT for approval. The CITY shall make payment to the CONTRACTOR within
thirty (30) calendar days after approval by the ARCHITECT of the CONTRACTOR'S
requisition for payment.
5.2.2 Within thirty (30) days of the City's receipt of a properly submitted and correct
Application for Payment, the City shall make payment to the Contractor.
5.2.3 Ten percent(10%) of all monies earned by the CONTRACTOR shall be retained
by the CITY until the Work is totally completed as specified, and accepted by the CITY.
The parties hereto agree that 255.052, Florida Statutes, does not apply to this
Agreement, or to any underlying agreements and obligations to which this Agreement
pertains.
5.3 The Application for Payment shall constitute a representation by the Contractor to the
City that, to the best of the Contractor's knowledge, information and belief, the design and
construction have progressed to the point indicated, the quality of the Work covered by the
application is in accordance with the Contract Documents and the Contractor is entitled to
payment in the amount requested.
5.4 The Contractor shall pay each Subcontractor, upon receipt of payment from the City,
out of the amount paid to the Contractor on account of such Subcontractor's Work, the amount
PAGE 21 OF 55
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to which said Subcontractor is entitled in accordance with the terms of the Contractor's
contract with such Subcontractor. The Contractor shall, by appropriate agreement with each
Subcontractor, require each Subcontractor to make payments to sub-Subcontractors in similar
manner.
5.5 The City shall have no obligation to pay or to be responsible in any way for payment to
a Subcontractor of the Contractor except as may otherwise be required by law.
5.6 No progress payment or partial or entire use or occupancy of the Project by the City
shall constitute an acceptance of Work not in accordance with the Contract Documents.
5.7 The Contractor warrants that: (1) title to Work, materials and equipment covered by an
Application for Payment will pass to the City either by incorporation in construction or upon
receipt of payment by the Contractor, whichever occurs first; (2) Work, materials and
equipment covered by previous Applications for Payment are free and clear of liens, claims,
security interests or encumbrances, hereinafter referred to as "liens"; and (3) no Work,
materials or equipment covered by an Application for Payment will have been acquired by the
Contractor, or any other person performing Work at the site or furnishing materials or
equipment for the Project, subject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such
other person.
5.6 The CONTRACTOR may apply for the retainage and the CITY, if the CONTRACTOR
has satisfied the requirements of the Contract relating to retainage, shall pay the
CONTRACTOR the amount retained for the Work, less the reasonable value of incorrect or
incomplete Work, liquidated dames or both. Final payment of such withheld sum shall be made
upon correction or completion of such Work and resolution of all issues regarding liquidated
damages.
5.9 Final Inspection:
Upon written notice from CONTRACTOR that the Work is or an agreed portion thereof is
complete, CITY and ARCHITECT will make a final inspection and will notify CONTRACTOR in
writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to remedy
such deficiencies.
5.10 Final Application for Payment:
After CONTRACTOR has completed all such corrections to the satisfaction of CITY and
ARCHITECT and delivered all maintenance and operating instructions, schedules, guarantees,
bonds, certificates of inspection, marked up record documents and other documents required
by the Contract Documents, and after ARCHITECT has indicated that the Work is acceptable,
CONTRACTOR may make application for final payment. The final application for payment
shall be accompanied by complete and legally effective releases or waivers of all liens arising
PAGE 22 OF 55
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out of or filed in connection with the Work and a final affidavit; or (2) CONTRACTOR'S receipts
.` in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final
1 affidavit stating that all laborers, materialmen, Suppliers and Subcontractors who Worked for •'
CONTRACTOR under this Contract have been paid in full or if the fact be otherwise,
identifying the name of each lienor who has not been paid in full and the amount due or to
become due each for labor, services or materials furnished and the reason(s) why the same
remains unpaid. If any Subcontractor or Supplier fails to furnish a release or receipt in full,
CONTRACTOR may furnish a bond satisfactory to CITY to indemnify CITY against any such
lien.
In addition, CONTRACTOR shall also submit with the final application for payment, the
completed set of "As-Built" drawings for review and approval. The "As-Built" drawings shall
be prepared, sealed and certified by a professional registered land surveyor licensed by the
State of Florida. Final payment to CONTRACTOR shall not be made until said drawings have
been reviewed and approved by ARCHITECT. Prior to approval, if necessary, the drawings
may be returned to CONTRACTOR for changes or modifications if in the opinion of
ARCHITECT they do not represent correct or accurate "As-built" drawings.
5.11 Final Payment and Acceptance:
5.11.1 If, on the basis of ARCHITECT'S observation of the Work during construction
and final inspection, and ARCHITECT'S review of the final Application for Payment
and accompanying documentation, ARCHITECT is satisfied that the Work has been
completed and CONTRACTOR'S other obligations under the Contract Documents have
been fulfilled, ARCHITECT will, within ten (10) days after receipt of the final Application
for Payment, indicate in writing ARCHITECT'S recommendation of payment and
present the Application to CITY for payment. Thereupon ARCHITECT will give written
notice to CITY and CONTRACTOR that the Work is acceptable. Otherwise,
ARCHITECT will return the Application to CONTRACTOR, indicating in writing the
reasons for refusing to recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application. Thirty (30) days after
presentation to CITY of the Application and accompanying documentation, in
appropriate form and substance, and with ARCHITECT'S recommendation and notice
of acceptability, the amount recommended by ARCHITECT will become due and will be
paid by CITY to CONTRACTOR.
5.11.2 If, through no fault of CONTRACTOR, final completion of the Work is
sigpificantly delayed and if ARCHITECT so confirms, CITY shall, upon receipt. of
CONTRACTOR'S final Application for Payment and recommendation of ARCHITECT,
and without terminating the Agreement, make payment of the balance due for that
portion of the Work fully completed and accepted. If the remaining balance to be held
by CITY for Work not fully completed or corrected is less than the retainage stipulated
in the Agreement, and if bonds have been furnished as required, the written consent of
the surety to the payment of the balance due for that portion of the Work fully
PAGE 23 OF 55
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completed and accepted shall be submitted by CONTRACTOR to ARCHITECT with the
Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
5.11.3 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the CITY to the CONTRACTOR when the Work has been completed, the
Contract fully performed, and a final certificate for payment has been issued by the
ARCHITECT. The making of final payment shall constitute a waiver of claims by CITY
except those arising from:
(1) Liens, claims, security interests or encumbrances arising out of this Agreement
and unsettled.
(2) Faulty or defective Work and latent defects discovered after acceptance.
(3) Failure of the Work to comply with the requirements of the contract documents.
(4) Terms of special warranties required by the contract documents.
(5) Any of CONTRACTOR'S continuing obligations under this Agreement.
The acceptance of final payment by CONTRACTOR shall constitute a waiver of claims
by that payee except those previously made in writing and identified as unsettled at the
time of final application for payment.
5.12 CITY'S Right to Withhold Payment:
The CITY may withhold in whole or in part, final payment or any progress payment to such
extent as may be necessary to protect itself from loss on account of:
5.12.1 Defective Work not remedied.
5.12.2 Claims filed or reasonable evidence indicating the probable filing of claims by
other parties against the CONTRACTOR.
5.12.3 Failure of the CONTRACTOR to make payments to Subcontractors or Suppliers
for materials or labor.
5.12.4 Damage to another contractor not remedied.
5.12.5 Liability for liquidated damages has been incurred by the CONTRACTOR.
5.12.6 Reasonable evidence that the Work cannot be completed for the unpaid
balance of the contract sum.
5.12.7 Reasonable evidence that the Work will not be completed within the
Contract time.
PAGE 24 OF 55
5.12.8 Failure to carry out the Work in accordance with the Contract Documents.
When the above grounds are removed or resolved or the CONTRACTOR provides a surety
bond or a consent of surety satisfactory to the CITY which will protect the CITY in the amount
withheld, payment may be made in whole or in part.
PAGE 25 OF 55
F.
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ARTICLE 6
PROTECTION OF PERSONS AND PROPERTY
6.1 The Contractor shall be responsible for initiating, maintaining and providing supervision
for compliance with OSHA standards for safety precautions and programs in connection with
the Work.
6.2 The Contractor shall take reasonable precautions for safety of, and shall provide
reasonable protection to prevent damage, injury or loss to (1) employees on the Work and
other persons who may be affected thereby;(2) the Work and materials and equipment to be
incorporated therein; and (3) other property at or adjacent to the site.
6.3 The Contractor shall give notices and comply with applicable laws, ordinances, rules,
regulations and orders of public authorities bearing on the safety of persons and property and
their protection from damage, injury or loss.
6.4 The Contractor shall be liable for damage or loss (other than damage or loss to
property insured under the property insurance provided or required by the Contract Documents
to be provided by the City) to property at the site caused in whole or in part by the Contractor,
a contractor of the Contractor or anyone directly or indirectly employed by either of them, or by
anyone for whose acts they may be liable.
6.5 HURRICANE PRECAUTIONS: During such periods of times that are designated by
the United States Weather Bureau as a hurricane warning or alert; all construction
materials or equipment will be secured against displacement by wind forces; provided
that where a full complement of personnel is employed or otherwise in attendance, or
engaged for such purposes, formal construction procedures or use of materials or
equipment may continue allowing such reasonable time as may be necessary to secure
such materials or equipment before winds of hurricane force are anticipated.
Construction materials and equipment will be secured by guying and shoring, or
removing or tying down loose materials, equipment and construction sheds.
PAGE 26 OF 55
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ARTICLE 7
a
INSURANCE AND BONDS
7.1 CONTRACTOR'S LIABILITY INSURANCE
7.1.1 The Contractor shall purchase from and maintain with a company or companies
authorized to do business in the State of Florida, such insurance as will protect the
Contractor from claims set forth below which may arise out of or result from operations
under the Contract by the Contractor or by a contractor of the Contractor, or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts they may
be liable:
.1 claims under Workers' Compensation, disability benefit and other similar
employee benefit laws which are applicable to the Work to be performed;
.2 claims for damages because of bodily injury, occupational sickness or disease, or
death of the Contractors employees under any applicable employers liability law;
.3 claims for damages because of bodily injury, sickness or disease, or death of
persons other than the Contractor's employees;
.4 claims for damages covered by usual personal injury liability coverage which are
sustained (1) by a person as a result of an offense directly or indirectly related to
J employment of such person by the Contractor or (2) by another person;
.5 claims for damages, other than to the Work at the site, because of injury to or
destruction of tangible property, including loss of use; and
.6 claims for damages for bodily injury or death of a person or property damage
arising out of Cityship, maintenance or use of a motor vehicle.
7.1.2 The insurance required by the above Subparagraph 7.1.1 shall be written for
not less than limits of liability specified in the Contract Documents or required by law,
whichever are greater.
7.1.3 The Contractor's liability insurance shall include contractual liability insurance
applicable to the Contractor's obligations.
7.1.4 Certificates of Insurance, and copies of policies, acceptable to the City shall be
delivered to the City at the time of execution of contract. These Certificates as well as
insurance policies required by this Paragraph shall contain a provision that coverage
will not be canceled or allowed to expire until at least thirty days prior written notice has
been given to the City.
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If any of the foregoing insurance coverages are required to remain in force after final
\ payment, an additional certificate evidencing continuation of such coverage shall be
t submitted along with the application for final payment.
7.2 Public Construction Bond:
7.2.1 Within fifteen (15) calendar days after Notice of Award and in any event prior to
commencing work, the CONTRACTOR shall provide a Public Construction Bond in
substantial form specified by 255.05, Fla. Stat. which is issued by a surety company
licensed to do business in the State of Florida and designated by the Department of the
Treasury as holding Certificates of Authority as acceptable sureties on federal bonds
and as acceptable reinsuring companies. This bond shall specifically cover damages
for delay (e.g., liquidated damages), indemnification, warranties, royalties, and safety
violations, and the approved form is as elsewhere identified in the Contract Documents.
7.2.2 Pursuant to the requirements of Section 255.05, Florida Statutes, it shall be the
duty of the CONTRACTOR to record the aforesaid bond in the public records of
i Broward County, with the CONTRACTOR to pay all recording costs.
I 7.3 Bond, Reduction After Final Payment:
Such bond shall continue in effect for one (1) year after final payment becomes due except as
otherwise provided by law or regulation or by the Contract Documents with the final sum of
said bond reduced after final payment to an amount equal to twenty five percent (25%) of the
Contract Price, or an additional bond shall be supplied and conditioned such that
CONTRACTOR shall correct any defective or faulty Work or material which appears within one
(1) year after final completion of the Contract, upon notification by the CITY.
7.4 Duty to Substitute Surety:
If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes
insolvent or its right to do business is terminated in the State of Florida or it ceases to meet
the requirements of other applicable laws or regulations, CONTRACTOR shall within seven (7)
days thereafter substitute another bond and surety, both of which must be acceptable to CITY.
7.5 Insurance:
7.&1 AT THE TIME OF EXECUTION OF THE CONTRACT, THE CONTRACTOR
SHALL SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED
COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF DANIA IS AN
ADDITIONAL NAMED INSURED WITH RESPECT TO THE REQUIRED
COVERAGES AND THE OPERATIONS OF THE CONTRACTOR UNDER THE
CONTRACT. Insurance Companies selected must be acceptable by the CITY. All of
the policies of insurance so required to be purchased and maintained shall contain a
PAGE 28 OF 55
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j provision or endorsement that the coverage afforded shall not be cancelled, materially
changed or renewal refused until at least thirty (30) calendar days written notice has
been given to CITY by certified mail.
The CONTRACTOR shall procure and maintain at its own expense and keep in effect
during the full term of the Contract a policy or policies of insurance which must include
the following coverages and minimum limits of liability. Additionally, any
Subcontractor hired by the CONTRACTOR for this Project shall provide insurance
coverage as stated herein.
(a) Workers' Compensation Insurance for statutory obligations, in compliance with
Florida statutory limits imposed by Workers' Compensation Law. CONTRACTOR shall
agree to be responsible for the employment, conduct and control of its employees and
for any injury sustained by such employees in the course of their employment.
(b) Comprehensive Automobile Liability Insurance for all owned, non-owned and
hired automobiles and other vehicles used by the CONTRACTOR in the performance
of the Work with the following minimum limits of liability:
$1,000,000.00 Combined single Limit, Bodily Injury and Property Damage
Liability, per occurrence
(c) Comprehensive General Liability with the following minimum limits of liability:
$1, 000, 000. 00 Combined Single Limit, Bodily Injury and Property Damage
Liability, per occurrence
Coverage shall specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage:
1. Premises and operations;
2. Independent Contractors;
3. Product and Completed Operations Liability;
4. Broad Form Property Damage;
5. Broad Form Contractual Coverage applicable to the Contract and specifically
confirming the indemnification and hold harmless agreement in the Contract;
and
6. Personal Injury coverage with employment contractual exclusions removed and
deleted.
7.5.2 The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the following
minimum rating of B+ to A+, in accordance with the latest edition of A.M. Best's
Insurance Guide.
7.5.3 All required insurance policies shall preclude any underwriter's rights of recovery
or subrogation against CITY with the express intention of the parties being that the
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Ad
required9 insurance coverage protect both parties as the primary coverage g for any
and
all losses covered by the above described insurance.
7.5.4 The CONTRACTOR shall ensure that any company issuing insurance to cover
the requirements contained in this Contract agrees that they shall have no recourse
against CITY for payment or assessments in any form on any policy of insurance.
7.5.5 The clauses "Other Insurance Provisions" and "Insured's Duties in the Event of
an Occurrence, Claim or Suit" as it appears in any policy of insurance in which CITY is
named as an additional named insured shall not apply to CITY.
7.5.6 The CONTRACTOR shall not commence performance of its obligations under
this Agreement until after it has obtained all of the minimum insurance herein described
and the same has been approved by City.
7.5.7 The CONTRACTOR agrees to perform the Work under the Contract as an
independent CONTRACTOR, and not as a Subcontractor, agent or employee of CITY.
7.5.8 Violation of the terms of this paragraph and its subparts shall constitute a breach
of the Contract and CITY, at its sole discretion, may cancel the Contract and all rights,
title and interest of the CONTRACTOR shall thereupon cease and terminate.
7,6 CITY'S Liability and Insurance:
CITY shall not be responsible for purchasing and maintaining any insurance to protect the
interests of CONTRACTOR, Subcontractors or others on the Work. CITY specifically reserves
all statutory and common law rights and immunities and nothing herein is intended to limit or
waive same including, but not limited to, the procedural and substantive provisions of Florida
Statute 768.28 and Florida Statute 95.11.
7.7 LOSS OF USE INSURANCE
The City, at the City's option, may purchase and maintain such insurance as will insure the City
against loss of use of the City's property due to fire or other hazards, however caused. The
City waives all rights of action against the Contractor, and its contractors and their agents and
employees, for loss of use of the City's property, including consequential losses due to fire or
other hazards, however caused, to the extent covered by insurance under this Paragraph.
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ARTICLE 8
CHANGES IN THE WORK
8.1 CHANGES IN THE WORK
8.1.1 CITY, without invalidating this Agreement, may order additions, deletions or
revisions to the Work. Such additions, deletions or revisions shall be authorized by a
Written Amendment, Change Order or Work Directive Change.
8.1.2 All Change Orders which, individually or when cumulatively added to
amounts authorized pursuant to prior Change Orders for this Project, increase the
cost of the Work to CITY or which extend the time for completion, must be
formally authorized and approved by the Dania City Commission prior to their
issuance and before Work may begin.
Notwithstanding the above paragraph, Change Orders which individually or when
cumulatively added to amounts authorized, pursuant to prior Change Orders for
this Project, increase the cost of the Work to the City not in excess of ten percent
(10%) or $25,000.00 (whichever is lesser) may be approved by signed approval of
the City Manager of the City of Dania.
{ No claim against CITY for extra Work in furtherance of a Change Order shall be
allowed unless prior written City approval pursuant to this section has been
obtained.
8.1.3 The Contract Price and Contract Time shall be changed only by Change Order
or written Amendment.
8.1.4 Proposed Change Orders shall be prepared by the ARCHITECT on forms
provided by CITY. When submitted for approval, they shall carry the signature of the
ARCHITECT and the CONTRACTOR.
8.1.5 If CITY and CONTRACTOR are unable to agree as to the extent, if any, of an
adjustment in the Contract Price or an adjustment of the Contract times that should be
allowed as a result of a Work Change Directive, a claim may be made therefor.
8.1.6 CONTRACTOR shall not be entitled to an increase in the Contract Price or an
extension of the Contract times with respect to any Work performed that is not required
by the Contract Documents as amended, modified and supplemented.
8.1.7 If notice of any change affecting the general scope of the Work or the
provisions of the Contract Documents is required by the provisions of any bond to be
given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility
and the amount of each applicable bond shall be adjusted accordingly.
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8.1.8 Any claim for adjustment in the Contract Price or time shall be based upon
written notice delivered by the party making the claim to the other parties and to
ARCHITECT not later than three (3) calendar days after the occurrence or event
giving rise to the claims and stating the general nature of the claim. No claim for
an adjustment in the Contract Price or an extension of the contract time will be
valid if not submitted in accordance with this Paragraph.
8.1.9 The cost or credit to CITY from a change in the Work shall be determined by
mutual written agreement.
8.2 CHANGE ORDERS
8.2.1 A Change Order is defined in Section 1.1.3, above.
8.2.2 Cost or credit to the City resulting from a change in the Work shall be
determined in one or more of the following ways:
.1 by mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
.2 by unit prices stated in the Contract Documents or subsequently agreed
upon;
,3 by cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed or percentage fee; or
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.4 by the method provided below.
8.2.3 If none of the methods set forth in Clauses 8.2.2.1, 8.2.2.2 or 8.2.2.3 is agreed
upon, the Contractor, provided a written order signed by the City is received, shall
promptly proceed with the Work involved. The cost of such Work shall then be
determined on the basis of reasonable expenditures and savings of those performing
the Work attributable to the change, including the expenditures for design services and
revisions to the Contract Documents. In case of an increase in the contract sum, the
cost shall include a reasonable allowance for overhead and profit. Unless otherwise
provided in the Contract Documents, cost shall be limited to the following when
applicable: cost of materials, including sales tax and cost of delivery; cost of labor,
including social security, old age and unemployment insurance, and fringe benefits
required by agreement or custom; Workers' or Workmen's compensation insurance;
bond premiums; rental value of equipment and machinery; additional costs of
supervision and field office personnel directly attributable to the change, and fees paid
to ARCHITECT, and other professionals if directly attributable to such Work. Pending
final determination of cost to the City, payments on account shall be made on the
Application for Payment.
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The amount of credit to be allowed by the Contractor to the City for deletion or change
rrr which results in a net decrease in the contract sum will be actual net cost. When both
additions and credits covering related Work or substitutions are involved in a change,
the allowance for overhead and profit shall be figured on the basis of the net increase,
if any, with respect to that change.
8.2.4 If unit prices are stated in the Contract Documents or subsequently agreed
I upon, and if quantities originally contemplated are so changed in a proposed Change
Order that application of agreed unit prices to quantities proposed will cause substantial
inequity to the City or Contractor, applicable unit prices shall be equitably adjusted.
8.3 CONCEALED CONDITIONS
By execution of this agreement, CONTRACTOR has satisfied itself as to all conditions
necessary to fulfill this contract. No contract adjustments shall be allowed for concealed
conditions nor different site conditions than anticipated.
8.4 REGULATORY CHANGES
The Contractor shall be compensated for changes in the Work necessitated by the enactment
or revision of codes, laws or regulations subsequent to the submission of the Contractor's
Proposal.
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ARTICLE 9
WARRANTIES, TESTS AND INSPECTIONS
CORRECTION OF DEFECTIVE WORK
9.1 Warranty of Title:
The CONTRACTOR warrants to the CITY that it possesses good, clear and marketable title to
all equipment and materials provided hereunder and there are no pending liens, claims or
encumbrances whatsoever against said equipment and materials.
9.2 Warranty of Specifications:
The CONTRACTOR warrants that all equipment, materials and Workmanship furnished,
whether furnished by the CONTRACTOR or its subcontractors and Suppliers, will comply with
the specifications, drawings and other descriptions supplied or adopted and that all services
will be performed in a Workmanlike manner.
9.3 Warranty of Merchantability:
CONTRACTOR warrants that any and all equipment to be supplied pursuant to the Agreement
is merchantable, free from defects, whether patent or latent in material or Workmanship and fit
lI for the ordinary purposes for which it is intended.
9.4 Correction Period:
CONTRACTOR warrants all material and Workmanship for a minimum of one (1) year from
date of acceptance by the CITY. If within one (1) year after the date of final completion or
such longer period of time as may be prescribed by laws or regulations or by the terms of any
applicable special guarantee required by the Contract Documents, any Work is found to be
defective, whether observed before or after acceptance by CITY, CONTRACTOR shall
promptly, without cost to CITY and in accordance with CITY'S written instructions, either
correct such defective Work, or, if it has been rejected by CITY, remove it from the site and
replace it with Work that is not defective and satisfactorily correct and remove and replace any
f damage to other Work or the Work of others resulting therefrom. If CONTRACTOR does not
II promptly comply with the terms of such instructions, or in an emergency where delay would
cause serious risk of loss or damage, CITY may have the defective Workmanship corrected or
the rejected Work removed and replaced, and all direct, indirect and consequential costs of
such removal and replacement (including but not limited to fees and charges of ARCHITECT,
attorneys and other professionals) will be paid by CONTRACTOR.
9.4.1 Where defective Work (and damage to other Work resulting therefrom) has
been corrected, removed or replaced under this paragraph, the correction period
hereunder with respect to such Work will be extended for an additional period of one
(1) year after such correction or removal and replacement has been satisfactorily
completed .
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9.4.2 Nothing contained in this Article shall be construed to establish a period of
limitation with respect to other obligations which CONTRACTOR might have under the
Contract Documents. Establishment of the time period of one (1) year as described in
Paragraph 9.4.1 relates only to the specific obligation of the CONTRACTOR to correct
the Work, and has no relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the time within which
proceedings may be commenced to establish CONTRACTOR'S liability with respect to
the CONTRACTOR' S obligation other than specifically to correct the Work.
9.5 CONTRACTOR warrants to the CITY that it will comply with all applicable federal, state
and local laws, regulations and orders in carrying out its obligations under the Contract.
9.6 CONTRACTOR warrants to the CITY that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or
other legal or administrative proceedings or investigations of any kind which would have an
adverse effect on its ability to perform its obligations under the Contract.
9.7 CONTRACTOR warrants to the CITY that the consummation of the Work provided for
in the Contract Documents will not result in the breach of any term or provision of, or constitute
a default under any indenture, mortgage, contract, or agreement to which the CONTRACTOR
is a party.
9.8 CONTRACTOR warrants that there will be no violation of copyrights or patent rights
either in the United States of America or in foreign countries in connection with the Work of the
Contract.
9.9 No warranty, either express or implied, may be modified, excluded or disclaimed in any
way by CONTRACTOR. All warranties shall remain in full force and effect, notwithstanding
acceptance and payment by CITY.
9.10 Tests and Inspections:
9.10.1 CONTRACTOR shall give CITY timely notice of readiness of the Work for all
required inspections, tests or approvals. CONTRACTOR shall assume full
responsibility, pay all costs in connection therewith and furnish CITY the required
certificates of inspection, testing or approval for all materials, equipment for the Work
and any part thereof unless otherwise specified herein. CONTRACTOR SHALL BE
RESPONSIBLE FOR THE PAYMENT OF SPECIAL INSPECTORS AS REQUIRED BY
THE SOUTH FLORIDA BUILDING CODE LATEST BROWARD COUNTY EDITION
AND ANY OR ALL SPECIAL INSPECTIONS AS REQUIRED BY THE BUILDING
OFFICIAL.
9.10.2 Inspectors shall have no authority to permit deviations from nor to relax any of
the provisions of the Contract Documents, nor to delay the Agreement by failure to
inspect the materials and Work with reasonable promptness.
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9,10.3 The payment of any compensation whatever may be its character or form, or the
giving of any gratuity or the granting of any favor by the CONTRACTOR to any
inspectors, directly or indirectly is strictly prohibited and any such action on the part of
the CONTRACTOR will constitute a breach of this Agreement.
9.11 The Contractor shall promptly correct Work rejected by the City or known by the
Contractor to be defective or failing to conform to the Construction Documents, whether
observed before or after Substantial Completion and whether or not fabricated, installed or
completed, and shall correct Work under this Agreement found to be defective or
nonconforming within a period of one year from the date of Substantial Completion of the
Work or designated portion thereof, or within such longer period provided by any applicable
special warranty in the Contract Documents
9.12 Nothing contained in this Article 9 shall be construed to establish a period of limitation
with respect to other obligations of the Contractor under this Agreement. Paragraph 9.11
relates only to the specific obligation of the Contractor to correct the Work and has no
relationship to the time within which the obligation to comply with the Contract Documents may
be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to the Contractor's obligations other than
correction of the Work.
9.13 If the Contractor fails to correct defective Work as required or persistently fails to carry out
the Work in accordance with the Contract Documents, the City, by written order signed
personally or by an agent specifically so empowered by the City in writing, may stop the Work,
or any portion thereof, until the cause for such order has been eliminated; however the City's
right to stop the Work shall not give rise to a duty on the part of the City to exercise the right
for benefit of the Contractor or other persons or entities.
9.14 If the Contractor defaults or neglects to carry out the Work in accordance with
1 the Contract Documents and fails within seven days after receipt of written notice from the
City to commence and continue correction of such default or neglect with diligence and
promptness, the City may give a second written notice to the Contractor and seven days
following receipt by the Contractor of that second notice and without prejudice to other
remedies the City may have, correct such deficiencies. In such case an appropriate Change
Order shall be issued deducting from payments then or thereafter due the Contractor's
costs of correcting such deficiencies. If the payments then or thereafter due the Contractor
are not sufficient to cover the amount of the deduction, the Contractor shall pay the
difference to the City.
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ARTICLE 10
MISCELLANEOUS PROVISIONS
10.1 This Agreement shall be governed by the law where the Work is located.
10.2 The table of contents and the headings of articles and paragraphs are for convenience
only and shall not modify rights and obligations created by this Agreement.
10.3 In case a provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not be affected.
10.4 SUBCONTRACTS
10.4.1 The Contractor, as soon as practicable after execution of this Agreement, shall
furnish to the City in writing the names of the persons or entities the CONTRACTOR
will engage as Subcontractors for the Project.
10.4.2 Nothing contained in the Contract Documents shall create a professional
obligation or contractual relationship between the City and any third parry.
10.5 WORK BY CITY OR CITY'S CONTRACTORS
10.5.1 The City reserves the right to perform Work related to, but not part of, the
Project and to award separate contracts in connection with other Work at the site. If
the Contractor claims that delay or additional cost is involved because of such action by
the City, the Contractor shall make such claims as provided in Subparagraph 11.6.
10.5.2 The Contractor shall afford the City's separate contractors reasonable
opportunity for introduction and storage of their materials and equipment for execution
of their Work. The Contractor shall incorporate and coordinate the Contractor's Work
with Work of the City's separate contractors as required by the Contract Documents.
10.5.3 Costs caused by defective or ill-timed Work shall be borne by the party
responsible.
10.6 CLAIMS FOR DAMAGES
Should either parry to this Agreement suffer injury or damage to person or property because of
an act or omission of the other party, the other party's employees or agents, or another for
whose acts the other party is legally liable, shall make its claim in writing and submit it to the
other party within a reasonable time after such injury or damage is or should have been first
observed.
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10.7 SUCCESSORS AND ASSIGNS
LL 1 10.7.1 This Agreement shall be binding on successors, assigns, and legal
representatives of and persons in privity of contract with the City or Contractor.
Neither parry shall assign, sublet or transfer an interest in this Agreement without the
written consent of the other.
10.8 EXTENT OF AGREEMENT
This contract represents the entire agreement between the City and Contractor and
supersedes any prior negotiations, representations or agreements. This Agreement may be
amended only by written instrument signed by both City and Contractor.
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ARTICLE 11
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ARTICLE 12
TERMINATION OF THE AGREEMENT
12.1 TERMINATION BY THE CITY
CITY retains its Right to terminate this Agreement upon the occurrence of any one or more of
the following events:
12.1.1 If CONTRACTOR commences a voluntary case under any chapter of the
Bankruptcy Code as now or hereafter in effect, or if CONTRACTOR takes any
equivalent or similar action by filing a petition or otherwise under any other federal or
state law in effect at such time relating to the bankruptcy or insolvency.
12.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy
Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking
any such equivalent or similar relief against CONTRACTOR under any other federal
or state law in effect at the time relating to bankruptcy or insolvency.
12.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors.
12.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under
I applicable law or under Contract, whose appointment or authority to take charge of
property of CONTRACTOR is for the purpose of enforcing a Lien against such property
or for the purpose of general administration of such property for the benefit of
CONTRACTOR'S creditors.
12.1.5 If CONTRACTOR admits in writing an inability to pay its debts generally as they
become due.
12.1.6 If CONTRACTOR persistently fails to perform the Work in accordance with the
Contract Documents (including but not limited to, failure to supply sufficient skilled
Workers or suitable materials or equipment or failure to adhere to the progress
schedule as same may be revised from time to time).
12.1.7 If CONTRACTOR disregards laws or regulations of any public body having
jurisdiction.
12.1.8 If CONTRACTOR otherwise violates in any substantial way any provision of the
Contract Documents CITY may, after giving CONTRACTOR and the Surety seven (7)
days written notice to the extent permitted by laws and regulations, terminate the
services of the CONTRACTOR, exclude CONTRACTOR from the site and take
possession of the Work and of all CONTRACTOR'S tools, appliances, construction
equipment and machinery at the site and use the same to full extent they could be
PAGE 40 OF 55
used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion),
incorporate in the Work all materials and equipment stored at the site or for which CITY
has paid CONTRACTOR but which are sorted elsewhere, and finish the Work as CITY
may deem expedient. In such case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished.
12.1.9 Termination for Convenience of CITY:
Upon seven (7) days written notice to CONTRACTOR, CITY may, without cause and
without prejudice to any other right or remedy, terminate the agreement for CITY'S
convenience whenever CITY determines that such termination is in the best interests of
CITY. Where the agreement is terminated for the convenience of CITY, the notice of
termination to CONTRACTOR must state that the Contract is being terminated for the
convenience of CITY under the Agreement's termination clause, the effective date of
the termination and the extent of termination. Upon receipt of the notice of termination
for convenience, CONTRACTOR shall promptly discontinue all Work at the time and to
the extent indicated on the notice of termination, terminate the Work of Subcontractors
and cancel purchase orders to the extent that they relate to the terminated portion of
the Contract, and refrain from placing further orders and entering into further
subcontracts. CONTRACTOR shall not be paid on account of loss of anticipated profits
or revenue or other economic loss of any kind whatsoever arising out of or resulting
from such termination.
12.1.10 This Agreement may be terminated by the City upon fourteen days' written
notice to the Contractor in the event that the Project is abandoned. If such
termination occurs, the City shall pay the Contractor for Work completed and for
proven loss sustained upon materials, equipment, tools and construction equipment
and machinery, including reasonable profit and applicable damages.
12.2 Termination by CONTRACTOR:
12.2.1 If ARCHITECT fails to recommend payment for a period of thirty (30) days
through no fault of CONTRACTOR or if CITY fails to make payment thereon for a
period of thirty (30) days, CONTRACTOR may, after seven (7) additional days written
notice to CITY and ARCHITECT, terminate the Contract and recover payment for Work
executed and for proven loss with respect to materials, equipment, tools and
construction equipment and machinery.
12.2.2 If the City fails to make payment when due, the Contractor may give written
notice of the Contractor's intention to terminate this Agreement. If the Contractor fails to
receive payment within thirty days after receipt of such notice by the City, the
Contractor may give a second written notice and, thirty days after receipt of such
second written notice by the City, may terminate this Agreement and recover from the
City payment for Work executed and for proven losses sustained upon materials,
equipment, tools, and construction equipment and machinery, including reasonable
profit and applicable damages.
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ARTICLE 13
BASIS OF COMPENSATION
13.1 CHANGE IN CONTRACT PRICE
13.1.1 THE CONTRACT PRICE CONSTITUTES THE TOTAL COMPENSATION
(SUBJECT TO AUTHORIZED ADJUSTMENTS) PAYABLE TO CONTRACTOR FOR
PERFORMING THE WORK. ALL DUTIES, RESPONSIBILITIES AND OBLIGATIONS
ASSIGNED TO OR UNDERTAKEN BY CONTRACTOR SHALL BE AT HIS EXPENSE
WITHOUT CHANGE IN CONTRACT PRICE.
13.1.2 ANY CLAIM FOR AN INCREASE OR DECREASE IN THE CONTRACT PRICE
SHALL BE BASED ON WRITTEN NOTICE DELIVERED TO ARCHITECT PROMPTLY
(BUT IN NO EVENT LATER THAN TEN (10) DAYS) AFTER THE OCCURRENCE OF
THE EVENT GIVING RISE TO THE AMOUNT OF THE CLAIM WITH SUPPORTING
DATA, WHICH SHALL BE DELIVERED WITHIN TWENTY (20) DAYS AND SHALL BE
ACCOMPANIED BY CLAIMANT'S WRITTEN STATEMENT THAT THE AMOUNT
CLAIMED COVERS ALL KNOWN AMOUNTS (DIRECT, INDIRECT AND
CONSEQUENTIAL) TO WHICH THE CLAIMANT IS ENTITLED AS A RESULT OF THE
OCCURRENCE OF SAID EVENT. NO RESOLUTION OF A CLAIM FOR
i ADJUSTMENT IN THE CONTRACT PRICE SHALL BE EFFECTIVE UNTIL
APPROVED BY CITY COMMISSION IN WRITING. NO CLAIM FOR ADJUSTMENT IN
THE CONTRACT PRICE WILL BE VALID IF NOT SUBMITTED IN ACCORDANCE
WITH THIS PARAGRAPH.
13.1.3 The value of any Work covered by a change order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following
ways:
.1 Where the Work involved is covered by unit prices contained in the Contract
Documents, by application of unit prices to the quantities of the items involved.
.2 By mutual acceptance of a lump sum.
.3 On the basis of the cost of the Work (determined as provided in Paragraphs
8.2.3, above).
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ARTICLE 14
1 OTHER PROVISIONS
14.1 NOTICE AND COMPUTATION OF TIME
14.1.1 Giving Notice:
All notices required by any of the Contract Documents shall be in writing and shall be
deemed delivered upon mailing by certified mail, return receipt requested to the
following:
The business address of CONTRACTOR is:
Gary J. McGeddy
Coastal Contracting & Development, Inc.
807 N. North Lake Drive
Hollywood, Florida 33019
The business address of CITY is:
City Manager
City of Dania
100 W. Dania Beach Boulevard
Dania, Florida 33004
With a copy to:
Thomas J. Ansbro, Esq.
Dania City Attorney
Brinkley, McNerney, Morgan, Solomon &Tatum, LLP
200 East Las Olas Boulevard, Suite 1800
Fort Lauderdale, Florida 33301
The business address of the ARCHITECT is:
Manuel Synalovski Architects, Inc.
3109 Stirling Road, Suite 202
Fort Lauderdale, Florida 33312
14.2 Computation of Time:
When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation. A calendar day of twenty four (24)
hours measured from midnight to the next midnight shall constitute a day.
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14.3 MISCELLANEOUS
! 14.3A The duties and obligations imposed by these General Conditions and the rights
and remedies available hereunder to the parties hereto, and, in particular but without
limitation, the warranties, guaranties and obligations imposed upon CONTRACTOR
and all of the rights and remedies available to CITY thereunder, are in addition to, and
are not to be construed in any way as a limitation of, any rights and remedies available
to any or all of them which are otherwise imposed or available to any or all of them
which are otherwise imposed or available by laws or regulations, by special warranty or
guarantee or by other provisions of the Contract Documents, and the provisions of this
Paragraph will be as effective as if repeated specifically in the Contract Documents,
and the provisions of this Paragraph will survive final payment and termination or
completion of the Agreement.
14.3.2 CONTRACTOR shall not assign or transfer the Contract or its rights, title or
!� interests therein without CITY'S prior written approval. The obligations undertaken by
CONTRACTOR pursuant to the Contract shall not be delegated or assigned to any
other person or firm unless CITY shall first consent in writing to the assignment.
Violation of the terms of this Paragraph shall constitute a breach of Contract by
CONTRACTOR and the CITY may, at its discretion, cancel the Contract and all rights,
title and interest of CONTRACTOR shall thereupon cease and terminate.
14.3.3 CONTRACTOR and its employees, volunteers and agents shall be and remain
independent contractors and not agents or employees of CITY with respect to all of the
acts and services performed by and under the terms of this Agreement. This
Agreement shall not in any way be construed to create a partnership, association or
any other kind of joint undertaking or venture between the parties hereto.
14.3.4 CITY reserves the right to audit the records of CONTRACTOR relating in any
way to the Work to be performed pursuant to this Agreement at any time during the
performance and term of the Contract and for a period of three (3) years after
completion and acceptance by CITY. If required by CITY, CONTRACTOR agrees to
submit to an audit by an independent certified public accountant selected by CITY.
CONTRACTOR shall allow CITY to inspect, examine and review the records of
CONTRACTOR at any and all times during normal business hours during the term of
the Contract and for the period mentioned above.
14.3.5 The remedies expressly provided in this Agreement to CITY shall not be
deemed to be exclusive but shall be cumulative and in addition to all other remedies
in favor of CITY now or hereafter existing at law or in equity.
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14.3.6 The validity, construction and effect of this Agreement shall be governed b the
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laws of the State of Florida. All claims, counterclaims, disputes, and other matters in
question between Owner and Contractor arising out of, relating to, or pertaining to this
Agreement, or the breach thereof, or the services thereof, or the standard of
performance therein required, shall be determined by litigation in the Circuit Court of
the Seventeenth Judicial Circuit in and for Broward County, Florida, or the Federal
District Court of the Southern District of Florida and appropriate appellate courts for
such venue and jurisdiction. CITY AND CONTRACTOR HEREBY KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER
MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY ACTION, PROCEEDING,
LAWSUIT OR COUNTERCLAIM BASED UPON THIS AGREEMENT, ARISING OUT
OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, THE CONSTRUCTION
OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS (WHETHER VERBAL OR WRITTEN) OR THE ACTIONS OR
INACTIONS OF ANY PARTY.
14.3.7 Should any part, term or provision of this Agreement be by the courts decided
to be invalid, illegal or in conflict with any law of the State, the validity of the remaining
portion or provision shall not be affected thereby.
14.3.8 In the event of any litigation which arises out of, pertains to, or relates to this
Agreement, or the breach thereof, or the standard of performance therein required, the
prevailing party shall be entitled to recover a reasonable attorney's fee 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
attorney's fees shall not exceed the amount of compensatory damages (it being the
intent that no attorney's fees shall be recoverable by a prevailing parry in the absence
of an award of compensatory damages). If no compensatory damages are awarded,
the prevailing party is entitled to a reasonable attorney's fee for the defense of the non-
prevailing party's claim, which shall not exceed the amount of the Agreement as
adjusted by change orders as are approved by the parties.
14.3.9 The City, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess
of the amounts budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is null and void, and no
money may be paid on such contract. Nothing herein contained shall prevent the
making of contracts for periods exceeding one (1) year, but any contract so made shall
be executory only for the value of the services to be rendered or agreed to be paid for
in succeeding fiscal years.
14.3.10 The fact that the City is a municipal corporation, and has a Building
Department which will conduct building inspections for general compliance with the
South Florida Building Code and construction drawings, shall not in any way act as an
estoppel to, or a waiver of the City's right to require construction in accordance with the
contract documents or construction in accordance with the South Florida Building
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Code. If the City was not a governmental entity, and instead was a private person, the
fad that members of a building department review and approve construction would not
create a defense to either the building department determining that an inspection
approval was made in error and required corrective work, or in the owner's ability to
require the Contractor to perform the contract. Since the City is building this Project in a
proprietary capacity, the fad that it inspects buildings in a governmental capacity will in
no way compromise its right to insist upon compliance with the South Florida Building
Code or compliance with the contract documents.
14.3.11 The Contractor represents that no elected official, officer, agent or employee
of the City has a financial interest directly or indirectly in this Contract or the
compensation to be paid under it, and further, that no City employee who acts in the
City of Dania as a "purchasing agent as defined by 112.312(20), Florida Statutes, nor
any elected or appointed officer of the City of Dania, nor any spouse or child of such
purchasing agent or employee or elected or appointed officer, is a partner, officer,
director, or proprietor of the Contractor, and further, that no such City employee
purchasing agent, City elected or appointed officer or the spouse or child of any of
them, alone or in combination, has a material interest in the Contractor. Material
interest means direct or indirect ownership of more than five (5) percent of the total
assets or capital stock of the Contractor.
IN WITNESS WHEREOF, the parties hereto have made an executed Agreement on the
respective dates under each signature; City of Dania through its City Commission signing by
and through its Mayor and City Manager, authorized to execute same by City Commission the
22nd of September 1998 and Gary J. McGeddy of
o�asEa7. Contracting & DgKJning by and through itsft,authorized to execute same.
r si ent
CITY OF DANIA
CITY OF DANIA,
a Florida municipal corporation
ATT T: \
IJ�
ARIA JABAL&E JIM CA
CITY CLERK-AUDITOR MAYO - S ONER
i
MICH T
CITY AG R
APPROVED FOR FORM
AND CORRECTN SS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
CONTRACTOR
[C*J. cGeddy
JDJEO MENT, INC.]
By
Print Name
President
Title
STATE OF FLORIDA
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this 5th
day of October 1998 by Gary J. McGeddy
as President for Coastal Contracting &
Development, Inc.. a Florida corporation, who is personally known to me
�� ssadewtift .
NOTARY FOLIC, State off Florida
U-M =Ocr.
BSL"•tBeverly J. Thompson
?A00�lh Print, Type or Stamp Commissioned
COhtM6 l Name of Notary Public:
CUMBERLAND CASUALTY & SURETY COMPANY
TAMPA, FLORIDA �a
BOND N2 BB022100065
KNOW ALL MEN BY THESE PRESENTS:Thal the Cumbalerd Casualty&Study Carp",a corporation duly organized
uderthe laws d Cm State of Fforda,hadng its prhtdpal office in kre city d Tampa,Florida,pursuant to the following resolution, r
adopted bythe Board d Directors d the said Cortparty on the 7th day d Aprk,1997,to wit
Resoled.that lets PresWad d the Company shale thew km authority to nwkA etmcube and deliwx a Pmw o(Mw ay
arutdufing as AlfmreyArt-Fact,such person,firm,orcorporatiats as may be SdaXod from fine to time.
Be It firths resoled, diet the signature d the Presided and the Seel of fie Cantpany ray be dyed to
any such Power of Attorney or ahyc"ficabe relating @hereto by facsimAe , and any each power so
e moufed and oatified by fecstrla signature and facsini s seal shall be%slid and binding upon fie Cor parry In the
future with respect to any bailor utdstafdng to%6kh k is altadted.
Cumbeland Ccuaky&Surety Cor pang does HaWymahe,oonstib to and appohd
Jody L Young its true and b ful aroontey#idack for It ad in its name,to sign,arcade,
admorAedg%deliver.ad acl deed on its beW ht Issuing the bad BB022100065 In the armed of $80,000.00 .
and M bind Curbedand Casualty&Surely Canpaty tweby as fully and to the same etted as If such bond or trdeAakirg was
signal byfhe duly wftrimd afficerof the Curbatand Casualty&Surety Carpany.
IN WITNESS WHEREOF,the Cumberland CascWty&Surety Company has caused this Parer of Attorney la be
sued by an officer of the Company and Its Corporate Seal to be hereto affixed.
GCUMBERLANDCASUALTY&SURETY COMPANY
STATE OF FLORIDA ) SS
COUNTY OF HILISBOROUGIB
Edward J.EdeuGeld[V,President
On ktis 7lh day d April,AD.1997,before ma personally carte Edward J.Eclei"W.tome luwwn,who being by ma duly
swan,did depose end say,%tier he resides in the County of Hillsbomugh,Sta(e of Florida;dust he is Presided,of the Cunnberland
Cmsuaky&Surety Cc r pany,Ore capotatiat described in and Wilch smarted the abo%e irmtrurnatt kmt he hnom fie seal d
said corporation;that Me seal oHbaed to the said hmhunent Is such oapo atim seal;that It was so afTwed byorder of bte Board
of piredo s of said corporation and that tie sIgrted his nano,Owerato by lice order.
a BEVERLY ANN JERRY
STATE OF FLORIDA ) O Notary Public,State of Florida
ta0a MyCammiaionEVimAug.22.1999
SS ay ,per No.CC402276
COUNTY OFHILLSBOROUGH) sxr BondedThm OfcidNomrySenke
1,the undersigned,Seaetaryofthe Curbadaid Casualty&Surely Cwpmy,a Florida Corporation, Do HEREBY CERTIFY
@tat the foregoing and oltactied POWER OF ATTORNEY rernairm in full face.
Signed ad Sealed d the City of Tarps.
Dated We 211h Dayof August 1998
Carol S.Black,Secretary
Bond Typo: AIA-10%BID 13OND
Obligee: CITY OFDANIA
I
PERFORMANCE BOND Bond No. 43012049335987
CONTRACTOR shall provide a Public Construction Bond in substantial form spedited by
265.05, Fla. Stat, which is issued by a surety company licensed to do business In tha State of
Florida and designated by the department of the Treasury as holding Cadiricates of Adhorily
se aooeptaWa sureties on federal bonds and as acceptable reinsuring compenies. This bond
shall apacHlcally cover damages for delay (e.g.. liquidated damages). Indemnification.
wsrfan0es,royalties, and safety violations and the approved form Is as follow$•
PUBLIC CONSTRUCTION BOND
Coastal Contracting & ais Principal and
gY1NI$BOdhIp,VJoDeveloners n
Un1ted States Fidellitty an a corporation.asSuretyy,areboundtoTHECITYOF
Guaranty t o FlOR10A,herein called City,r,tha sum ai S 63 7,'L 50J for payment of which we
bind oureeives, our heirs,personal repreaantatives, sbccenors, and assigns,jorn y and
sevcraAy.
THrz CONDITION OF THIS BOND Is that R Principal
1. Performs the contrar.dated Oct 5 , 19 9 pbetween Principal and Clty
Pertaining to Fire Station No. 1 Renovations, the contract being made a part Of this bond by
reference,at the times ono in the manner prescribed in the contract:and
2• promptly makes payments to all daimams, as defined in 255,05(1), Florida
Statutes,supplying Principal with labor,mstor!als,or supplies,used directly or Indirectly by
Principal for the proseeutien of the Work provided for In the contract;and
S. Pays city all losses,damages expanses, costs, and athxnay's fees, Indudlnj
appellate proceedings,that City sustolns because of a default by Principal under the contract
including,but not limited to, all losses, damages, expenses, coats,and attomeyrs fees,
Including appellate proceedings,that CRY auatains as a result of Principal's delayed completion
of the contract(i.e..liquidated or actual damages for delayed completion),fallure to provide or
breach of any vvartanties Or guarentees required by or given under the contract,teHum to
provide accurate as-built drawings, breach of the indemnification aauaee In the contract,failure
to maintain continuously the Insurance requirement required by the contract,failure tO pay an
royalties or license fees,a failure to provide for safety of Pomona and proprety:and
4. Performs the guarantee of all Work and materials fumished under the oontra�t
for the time sp^-cftd In the contract,then this bond is vold:otherwiea it remains In full force.
PAGE A-24
i
I
1
4
Any changes in or under the contract dccuments, compliance or noncornpUnce with
any formalities oonnected with the contract 01 to tho contract,or R inciprl's 811000uon treat Its
pedomertce under the Contract was prevented or(rust steel by the Clty or that City breached
the contract,do not effect 5ur8ty's obligation under this bond.
GATEpON October 2, , tg98 Coastal Contracting and
Developers, Inc.
(Name of P
BY.
(AsAtto t ) Michele Ray
United States Fidelity—and Guaranty
(Name of Surety) Company
I
i
i
I
i
PAGE A•25
I
,) I
J
FU:Md States Fidelity and Guaranty Company U Tsf�zsr
11281
Power of Attorney I I S I I A I C E
No, 110976
Know all men by these presents: That United States Fidelity and Guaremy Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore,in the State of Maryland,does hereby constitute and appoint Charles Ray,
Michele Ray and Ava Schaefer
of the City of Little Rock State of Arkansas its true and lawful Attaneyfs)-inPact each in their separate capacity it more than are a
named above,to sign its name as surety to,and to execute,seal and acknowiedge any and all bonds,undertakings.contracts and other written instruments in the nature
thereof an behalf of the Company in its business of guaranteeing the fidelity of persom: guaranteeing the performance of contracts. and exerting of guaranteeing
fords and undertakings required or permitted in any actions or proceedings allowed by law.
In Wmmss Whereof.the said United States Fidelity and Guaranty Company,has caused this instrument to be seated with its corporate seal,duly attested
b/the signaunes of its Vice President and Assistant Secretary,this loth day of July ,A.D.19 98.
United Sat I' i and Guaranty Company
4�ir'Atb (Signed) By. Vice President
0 smnvn
1896
J'da' (Signed)
.._.- As scam Secretary
State at Maryland)
T' C
Baltimore City 1 �
V-
on this loth day of July AD 1 before inpgr�lly came P in.Vice President of United States Fidelity and
Guaranty Company,and Thomas E Huibregtse, Assistant of said Com both of who rsonaly acquainted, who being by me severally duy
svvm,said,that they, the said Peter Carman and Ted Huibregise tively the Y and the Assistant Secretary of the said United States
FideGtyand Guaranty Company,the corporation in and whi d the foregoi r of Attorney, that they each knew the seat of said corporation:
that the seal affixed to said Power of Attar"was such corporate itwas so affixed 41 of the Board of Directors of said corporation, and that they signed
their names thereto by like order as Vice President and Assistant tary,respectivehLAtdhe�omparry.
My Commission expires the 1st `80j� 'Au cast �A'E,
(Signed)
a 1
This Power of Attorney is granted under and by authority of the following Resolutiors adopted by theBoard of Directors of the United States Fidelity and
Guaranty Company,September 24. 1992:
Resorted,that in connection with the fidelity and surety insurance business of the Comparry,all bonds,undertakings,corrracts and other fnsuuments relating
to said business may be signed, executed, and acknowledged W persons or emities appointed as Anomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Poweds)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company.
either by the Chairman,or fhe President or an Executive Vice President. or a Senior Yux President or a Vice President or an Assistant Yee President Jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such offices may be engraved. primed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to arty Power of Attorney or to any certificate relating thereto appointing Attomeylsl in-
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. and subject to any limitations set forth
therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the company with respect to any bond or undertaking to which it is
vafdly attached.
Resolved,That Attomey(s)-in-Fact shall have the power and authority,and.in any case,subject to the leans and limitations of the Power of Attorney issued
i to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and a0 bonds and undertakings. and albs writings obligatory in
the nature thereof-and sty such instrument executed by such Atmmey(sNn-fact shall be as binding upon the company as B signed by an Executive officer and sealed
and attested to by the Secretary of the Company.
t Thomas E.Huibreque. an Assistant Secretary of the United Sates fidelity ad Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1922 and that dim Resolutions are in full force and effect
t the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company do hereby certify that the foregoing Pourer of Attorney B in full
force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand�nd the seal of the United States fidelity and Guaranty Company,
on this 2nd day of October 19 tdS
sistant Secretary
J �9
m � �
IS 3(4/9s)
i
1
5545930445 P. 01
11 :i14 ti Ft F:LP ItISUFN+tHCE [
exsarvAo}RfAk +>
0'+-rs".:aa'risi "rif •f"st'fac}?F�'i.4.4`eS�'^"y 'A`
ACORD '" EFT��ICATE t�TY� `_; i!4N � p 3oiQ1/9s .,
-•-• '^""^ THIS CERTIFICATE IS ISSUED AS A MATTER OF CEINFORMFICAT
I�.`ooYci: ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DDES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED 0Y THE FOLICIES BELOW.
Ai. PANTHER INSURAN(:F, INC.
12R0 S.W. 20TH AVENUE SUITE 2
COMPANIES AFFORDING COVERAGE ..
f"1'• LAUDERI)ALF., FL 33312 COWA Y
S� A COLONY INSURANCE _
e pli0 INSURANCE
COASTAL CONTRACTING 6 _ -• •
I DEVELOPMENT rn C
807 N. LAKE DRIVE -
HOLI,YWOOD, , FL,. 33019 a)MNun
I (954) 920-'/444
cm tic.
CY
oNAMEDABOVEF
^T�-S SIr,'•.�KOIPJ'HSTA: 11L ARi RE!:U If SLI'No TERM OR 0ITIONOF ANYtGOHTRACTOROTIJKft/ID'=MENTV11f IHI sPCCTTOWNf7 Ito,,M}
:,.•.. T
CERPIF :; % 1`0 H ISS;.EO A;MNY PEP,TPo( lid"T T INS ORNCE At f ORDED BY THE FN7 N,ICS DESMjLiLt)I IfREM IS SUq)tCI IO ALL THE IENMs.
EAI:..Sr_YISA.DCdAr,r+S CF S}X'I I w3LICIES LIMIIS III gWEI MA.Y HAVE IK fN REDJCED Br PAID CLAIMS_� -.
-' roLKr ErrfaNE I'OUCY EEMRATION I LMTf
ca TYPE Of H,SaVNCE POuOYNUM[ER OAIc(MMOC'M OATS OW1111 YT
L _
Q NmALA:LAEfAIF f 00, 000
tu[NEUA laauty _^. rNtxwLaD ,;OMp/Jp N)q f 5000 000
T1—X I LAVMCM:IL•nFytRA.W&LITY ._
ItNVt.•NAI lALY7 p:JVNY f 4 000
A ov4C4Tf :N .n:'r:MsrRot CL 1464156 0?.-01-90 0?..-01-99 tu.Y nCunaENCE s SOU, 000
S0 000
HRE CAMIt, tNy wR Mx) !A
IAY,w,tNnfri
--}�'�—
ALIOL(OPLE LMaILIt• COMN�r<IO"+IgOIC LIMIT [
pO(NtYWN�Y f
",rnjtcc AUTO.
N 0.CCw:OL i (rC+mxm1
( �LN;N y.ifw AUlUa —
PHtWrRIV ONA,tOE f
A'JIOONLY.tAA=CNT S
CARA4Etµ4uTY -.•• I ^--
OTNEN INN.AUTO ONLY
I �AN•"To —•.CACTI ArXIMN1 S
I _ - AVACCATE S
I _ EM:N tN'L'JfinCNCE f ,
NtCEfE LMMutT AU.AECAIt f
I,UNNh 1A ICkM f
O'NCR It W1 vMEKtI LA-CAV _ Mn:31I u )R ;„. � ..
X IN Is rn 000 000
WORNPicOMf[NSATION ANO EL EACAt ACORN Ni 11 ,,••0
EMPLOT[RS'LA WITY
li E.•1•tNNui0..CTORI X .,:I 914564 10-95-91 10-25-90 EL0ITU5t M A:YU aMIT 51 ,000�000
HMfACnCEAt•'•ulNf EL OI.. .G[MrlOrtt f1 QQO 000
OFfIfENSARr FAr..� —�._..� .
OIHEA
pg—U pjO K Of OPERAIICNS40CATNIN WEHICLEYSPECNUTFMS
GENERAL t•ONTRACTOR
PROJCC7 FIRE ;'I'ATION NO. 1 RENOVATIONS
CERTI[ 1( ATE IIOLITh It ADDED ns ADDITIONAyL INSURED MM Yuy
K1tw.+V i.nl, •N,±%wk'r•b�.:.n.nMNM+n'0,,;;ySivK �y�hw.v:u+. L l.<Gk}<S v.w..wx..iwllw jlSd.aM•.N .iwliS.
}"?T::....... M(OuIO ANY 0/ THE AaDVE DCECRISED POLIC(ff of CANCELLED EFIORE rN[
✓ DANIA EAf, WNOTION DATE THFREOf, THE ISSUINO COMPANY Mtt ENOEAWR TO INA
RCHA
CITY OF IL_.
AT'I'N: FUDANI +ING ACEN'I' OAYa RTEN NOTICE TO THE CERTNICATE NOLOER NAMEO TO THE LEff,
URC TO MAIL SUCH NOTICE SHALL fAroSE NO OamATION OR LIMAIfY
100 DANIA dE.nr:{t BLVD.
t Of AN VINO UPON C ANY, RS AGENTS OR REPafffNTATNEf.
I DANIA, E'L. 3:i004 ----'--..
µ "Oft E fPEFS NTATf
A1..:,. .....o;:;vc•...:` p^s�....,...:-dam:...
i
SCHEDULE OF VALUES
FIRE STATION NO. 1 RENOVATIONS
DANIA, FLORIDA 33004
DESCRIPTION AMOUNT
1 BOND t 9,0o0.00
2 INSURANCE 3,000.00
3 SUPERVISION 20,000.00
4 TEMPORARY FACILITIES 3,800.00
5 CONSTRUCTION PHOTOGRAPHS 200.00
6 PROJECT CLOSEOUT 1,000.00
7 MINOR DEMOLITION 18,000.00
8 TERMITE TREATMENT 1,000.00
9 EARTHWORK 1,000.00
10 CONCRETE FOR SITEWORK 3 000.00
11 CONCRETE FOUNDATIONS, SLABS 20 000.00
12 CONCRETE COLUMNS 15,000.00
13 CONCRETE TIE BEAMS 15,000.00
14 CONCRETE PARAPET TIE BEAMS - -
15 MORTAR '
16 UNIT MASONRY 16,000.00
17 METAL FABRICATIONS 8,000.00
18 ROUGH CARPENTRY 25.000.00
19 ARCHITECTURAL WOODWORK 28,000.00
20 BUILDING INSULATION 3.500.00
I 21 ROOF INSULATION
22 FIRESTOPPING - -
23 BUILT-UP ROOFING SYSTEM
24 FLASHING AND SHEET METAL io,0oo.00
25 SEALANTS 1,000.00
26 STEEL DOORS AND FRAMES 8.000.00
27 WOOD DOORS 1 ,000.00
28 ACCESS DOORS 750.00
29 OVERHEAD COILING DOORS 24,000.00
I
SCHEDULE OF VALUES
FIRE STATION NO. 1 RENOVATIONS
DANIA, FLORIDA 330004
DESCRIPTION AMOUNT
30 ALUMINUM ENTRANCE DOORS S 3,000.00
31 ALUMINUM WINDOWS 3,000.00
32 ALUMINUM STORM PANELS ,000.00
9
33 HARDWARE _ 00.00
34 GLASS AND GLAZING
35 METAL FRAMING & LATHING
36 PORTLAND CEMENT PLASTER is,000.00
37 GYPSUM WALLBOARD 20,000.00
38 CERAMIC TILE FLOOR FINISH 11,000.00
39 CERAMIC TILE WALL FINISH 5,000.00
40 ACOUSTICAL CEILINGS 4,500.00
41 CARPET 5,500.00
42 FLOOR COATING SYSTEM 10,000.00
43 PAINTING 15,500.00
44 CHALKBOARDS AND TACKBOARDS sso.00
45 PLASTIC TOILET PARTITIONS 1,800.00
46 TOILET ACCESSORIES
47 IDENTIFYING DEVICES 350.00
48 PORTABLE FIRE EXTINGUISHERS & CABINETS 300.00
49 METAL STORAGE SHELVING & CABINETS 500.00
50 GARMENT ACCESSORIES 2.000.00
51 FOOD SERVICE EQUIPMENT 9,000.00
52 RESIDENTIAL APPLIANCES 3,000.00
53 EMERGENCY EYEWASH/SHOWER 2,000.00
54 HOSE RACK
55 WINDOW TREATMENT 1,300.00
56 PLUMBING - SITE WATER 2,700.00 .
57 PLUMBING - SITE SANITARY b,000.00
58 PLUMBING - SITE GAS i>ioo.00
59 PLUMBING - BUILDING ROUGH is 000.00
60 PLUMBING - BUILDING ABOVE 23,000.00
61 PLUMBING - BUILDING FIXTURES TRIM 13 000.00
i
{
SCHEDULE OF VALUES
FIRE STATION NO. 1 RENOVATIONS
DANIA, FLORIDA 33004
DESCRIPTION AMOUNT
62 HVAC DUCTWORK 20
63 HVAC EQUIPMENT 10,500.00
s,soo.00
64 KITCHEN HOOD/SYSTEM a,soo.00
65 HVAC TRIM
66 ELECTRICAL - SITE DISTRIBUTION 11,000.00
67 ELECTRICAL- BUILDING ROUGH 21,000.00
68 ELECTRICAL - BUILDING ABOVE 2, 00.00
69 ECTRICAL- LIGHT FIXTURES 17,000.00
EL
70 ELECTRICAL - COMMUNICATIONS 700.00 a
71 ELECTRICAL - FIRE ALARM SYSTEM
13,500.00
72 ELECTRICAL - EMERGENCY GENERATOR 34 000.00
73 ELECTRICAL - SWITCHGEAR 3,400.00
74 ELECTRICAL -TRIM 3,000-00
75 TOTAL $ 637,250.00
1
Ir
CITY OF DANIA
FIRE STATION NO. 1 RENOVATIONS `
116 W. DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
BIDDING REQUIREMENTS
CONTRACT FORMS
CONDITIONS OF THE CONTRACT
1
BID NO.
Z
ur' JUNE 19, 1998
TABLE OF CONTENTS
PART I: BIDDING REQUIREMENTS_ PAGE NO.
NOTICE INVITING BID A- 1 thru A- 2
INSTRUCTIONS TO BIDDER A- 3 thru A- 10
BID PROPOSAL FORM A-11 thru A-12
SCHEDULE OF BID PRICES A-13
BIDDER'S GENERAL INFORMATION A-14 thru A-15
BID BOND A-16
j REFERENCE SHEET A-17
NON-COLLUSION AFFIDAVIT A-18
PUBLIC ENTITY CRIMES FORM A-19 thru A-21
DRUG FREE WORKPLACE FORM A-22
COMPLIANCE WITH OSHA A-23
PERFORMANCE BOND FORM A-24
PAYMENT BOND FORM A-25
PART II: FORM OF AGREEMENT PAGE NO.
ARTICLE 1 - GENERAL PROVISIONS 2 thru 6
ARTICLE 2 - CONTRACTOR'S SERVICES
AND RESPONSIBILITIES 7 thru 16
ARTICLE 3 -CITY'S &ARCHITECT'S
RESPONSIBILITIES 17 thru 19
ARTICLE 4 -TIME 20 thru 21
ARTICLE 5 - PAYMENTS 22 thru 27
ARTICLE 6 - PROTECTION OF PERSONS
AND PROPERTIES 28
ARTICLE 7 - INSURANCE AND BONDS 29 thru 33
ARTICLE 8 -CHANGES IN THE WORK 34 thru 36
ARTICLE 9 -WARRANTIES, TEST AND
INSPECTIONS, CORRECTION OF
DEFECTIVE WORK 37 thru 39
ARTICLE 10- MISC. PROVISIONS 40 thru 41
ARTICLE 11 - NOT USED 42
ARTICLE 12 - TERMINATION 43 thru 45
ARTICLE 13- BASIS OF COMPENSATION 46 thru 50
ARTICLE 14- OTHER PROVISIONS 51 thru 53
NOTICE INVITING BID
SUBMITTING PROPOSALS: Sealed bids will be received in the Office of the City Clerk,
Administration Center, 100 W. Dania Beach Blvd., Dania, FL 33004 until 4:00 P.M., August 24,
1998, for a completed Project. The Project consists of constructing a one story CBS and
related Work as shown on Plans and Specifications prepared by Manuel Synalovski Architects,
Inc., dated April 20, 1998. All bids received will be opened and read at 4:15 P.M., on the same
date. All bidders or their representatives are invited to be present.
A Mandatory Pre-Bid Conference will be held on August 10, 1998 at 10:00 a.m. in the
Conference Room of Dania City Hall, 100 W. Dania Beach Blvd., Dania, FL 33004. A site
inspection will be held immediately following the conference.
It will be the sole responsibility of the bidder to deliver their proposal to the City Clerk on or
before the date and time specified.
NO FAXED BIDS WILL BE ACCEPTED. Bids must be submitted in a sealed envelope and
plainly marked on the outside of the envelope: and include the following: the bidder's name and
address followed by "SEALED BID FOR THE FIRE STATION NO. 1 RENOVATIONS",
address where bid is to be delivered or mailed to, and the date and time of bid opening.
Bids must be submitted on the Bid Proposal Form(s) provided herein. Failure to do so may be
cause for bid to be rejected. Proposals having an erasure or correction must be initialed by the
bidder in ink. Bids shall be signed in ink; all quotations shall be typewritten and filled in with pen
and ink.
COMPLETION OF WORK : The Work shall be completed within 180 calendar days after
the commencement date stated in the Notice to Proceed.
The Contract Documents may be obtained at the office designated for submitting proposals,
i upon payments of $75.00 (non refundable) for each set of Contract Documents (including full
scale drawings and specifications).
BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in
the amount of 10 percent of the Total Bid Price payable to the City of Dania as a guarantee that
the Bidd
er, if its Bid is accepted, will promptly execute the Agreement.
I
The Bidder shall guarantee the Total Bid Price for a period of 90 calendar days from the date of
bid opening.
PROJECT ADMINISTRATION: All communications and technical questions relative to this
Work shall be directed to the ARCHITECT prior to bid opening.
Mr. Chris Bray
Manuel Synalovski Architects, Inc.
3109 Stirling Road, Suite 202, Fort Lauderdale, Florida 33312
FAX NO. 954-961-6807 TEL NO. 954-961-6806
PAGE A-1
The City of Dania (City) reserves the right to waive informalities in any bid and further reserves
the right to reject any and all bids and to take any other action that may be deemed necessary
in its best interest.
CITY: City of Dania, Florida
BY:
Michael Smith
City Manager
i
PAGE A-2
1:
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids
which are defined in the General Conditions have the meanings assigned to them in the
General Conditions. The term "Bidder" means one who submits a Bid directly to CITY, as
distinct from a sub-bidder, who submits a Bid to a Bidder.
2. COMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder,
consideration will be given not only to the financial standing but also to the general competency
of the Bidder for the performance of the WORK covered by the Bid. To this end, each Bid shall
be supported by a statement of the Bidder's experience as of recent date on the form entitled
"INFORMATION REQUIRED OF BIDDER," bound herein. No Bid for the WORK will be
accepted from a contractor who does not hold a valid contractor's license in the State and
County where the WORK is to be performed (if required by the State and County) applicable to
the type of Work bid upon at the time of opening Bids.
3. DISQUALIFICATION OF BIDDERS. More than one bid from an individual, firm, partnership,
corporation, or association under the same or different names will not be considered. If the
CITY believes that any Bidder is interested in more than one Bid for the WORK contemplated,
all Bids in which such Bidder is interested will be rejected. If the CITY believes that collusion
exists among the Bidders, all Bids will be rejected.
4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.1 It is the responsibility of each Bidder before submitting a Bid, to:
(a) Examine the Contract Documents thoroughly,
(b) Visit the site to become familiar with local conditions that may affect cost,
progress, or performance of the WORK,
(c) Consider federal, state and local Laws and Regulations that may affect cost,
progress, or performance of the WORK,
(d) Study and carefully correlate the Bidder's observations with the Contract
Documents, and
i
(e) Notify the ARCHITECT of all conflicts, errors, or discrepancies in the Contract Document
4.2 Not Used
4.3 Not Used
PAGE A-3
1
4.4 Information and data reflected in the Contract Documents with respect to
Underground Utilities at or contiguous to the site is based upon information and data
furnished to the CITY and the ARCHITECT by the Citys of such underground utilities or
others, and the CITY does not assume responsibility for the accuracy or completeness
thereof unless it is expressly provided otherwise in the Agreement or Contract
Documents.
4.6 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders on subsurface conditions, Underground Utilities and other physical
conditions, and possible changes in the Contract Documents due to differing conditions
appear in the Agreement.
4.6 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain
any additional examinations, investigations, explorations, tests, and studies and obtain
any additional information and data which pertain to the physical conditions (surface,
subsurface, and underground utilities) at or contiguous to the site or otherwise which
may affect cost, progress or performance of the WORK and which the Bidder deems
necessary to determine its Bid for performing the WORK in accordance with the time,
price, and other terms and conditions of the Contract Documents.
4.7 On request in advance, the CITY will provide each Bidder access to the site to
conduct such explorations and tests as each Bidder deems necessary for submission of
a Bid. Bidder shall fill all holes and shall clean up and restore the site to its former
condition upon completion of such explorations.
4.8 The lands upon which the Work is to be performed, rights-of-way and easements
for access thereto and other lands designated for use by the CONTRACTOR in
performing the Work are identified in the Contract Documents. All additional lands and
access thereto required for temporary construction facilities or storage of materials and
equipment are to be provided by the Contractor. Easements for permanent structures
or permanent changes in existing structures are to be obtained and paid for by the CITY
unless otherwise provided in the Contract Documents.
4.9 The submission of a Bid will constitute an incontrovertible representation by the
Bidder that the Bidder has complied with every requirement of "Bidder's Examination of
Contract Documents and Site„ contained herein, that without exception the Bid is
premised upon performing the WORK required by the Contract Documents and such
means, methods, techniou..as, sequences, or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract Documents
are sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the WORK.
6. INTERPRETATIONS: All questions about the meaning or intent of the Contract Documents
are to be directed to the ARCHITECT in writing. Interpretations or clarifications considered
necessary by the ARCHITECT in response to such questions will be issued by Addenda mailed
or delivered to all parties recorded by the ARCHITECT or CITY as having received the
PAGE A-4
Contract Documents. Questions received less than 14 days prior to the date for opening of
Bids may not be answered. Only questions answered by formal written addenda will be
1 binding. Oral and other interpretations or clarifications will be without legal effect.
6. BID SECURITY, BONDS: Each Bid shall be accompanied by a certified or cashier's check
i or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall
be made payable to the CITY and shall be given as guarantee that the Bidder, if awarded the
WORK will enter into an Agreement with the CITY, and shall furnish the necessary Insurance
Certificates, Public Construction Bond, each of said bonds to be in the form and amounts stated
in the Agreement. In case of refusal or failure to enter into said Agreement, the check or Bid
Bond, as the case maybe, shall be retained by the CITY. If the Bidder elected to furnish a Bid
Bond as its Bid Security, the Bidder shall use the Bid Bond form bound herein.
� 7. RETURN OF BID SECURITY: Within 14 days after award of the Contract, The CITY will
return the Bid securities accompanying such of the Bids as are not considered in making the
award. All other Bid securities will be held until the Agreement has been finally executed. They
will then be returned to the respective Bidders whose Bids they accompany.
8. BID FORM: The Bid shall be made on copies of the bidding schedule bound herein.
9. SUBMISSION OF BIDS: Refer to NOTICE INVITING BIDS.
10. DISCREPANCIES IN BIDS: In the event there is more than one Bid item in a Bidding
schedule, the Bidder shall furnish a price for all Bid items in the schedule, and failure to do so
will render the Bid non-responsive and may cause its rejection. In the event there are unit price
Bid items in a bidding schedule and the "amount" indicated for a unit price bid item does not
equal the product of the unit price and quantity, the unit price shall govern and the amount will
be corrected accordingly, and the CONTRACTOR shall be bound by said correction. In the
event there is more than one bid item in the bidding schedule and the total indicated for the
schedule does not agree with the sum of the prices bid on the individual items, the prices bid on
the individual items shall govern and the total for the schedule will be corrected accordingly,
i and the CONTRACTOR shall be bound by said correction.
11. QUANTITIES OF WORK: The quantities of Work or material stated in unit price items of
the bid are supplied only to give an indication of the general scope of the WORK; the CITY
does not expressly or by implication agree that the actual amount of Work or material will
correspond therewith, and reserves the right after award to increase or decrease the amount of
any unit price item of the WORK by an amount up to and including 25 percent of any bid item,
without a change in the unit price, and shall include the right to delete any bid item in its
entirety.
12. WITHDRAWAL OF BID: The Bid may be withdrawn by the Bidder by means of a written
request, signed by the Bidder or its properly authorized representative. Such written request
i must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to
the scheduled closing time for receipt of Bids.
PAGE A-5
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13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions,
limitations, or provisos attached to the Bid will render it informal and may cause its rejection as
_...� being non-responsive. The completed Bid Forms shall be without interlineations, alterations or
erasures in the printed text. Alternative Bids will not be considered unless called for. Oral,
telegraphic, or telephonic Bids or modifications will not be considered.
14. LIQUIDATED DAMAGES: Provisions for liquidated damages if any are set forth in the
Agreement.
15. SUBSTITUTE OR "OR EQUAL" ITEMS: Whenever materials or equipment are specified
or described in the Contract Documents by using the name of a proprietary item or the name of
a particular Supplier and the name is followed by the words "or-equal", the Bidder may write the
name of the substitute Supplier (which the Bidder considers as an "or-equal") in the Proposed
Substitute Equipment/Material Supplier List in the Bid Form. These substitute Suppliers will
only be considered after award of the Contract. The procedure for the submittal of substitute or
.,or-equal" products is specified in the Section entitled "Contractor Submittals" of the General
Requirements.
16. AWARD OF CONTRACT: Award of a contract, if it be awarded, will be on the basis of
materials and equipment described in the Drawings or specified in the Technical Specifications
and as listed in the Named Equipment/Material Supplier List and will be made to the Bid which
is deemed to be in the best interest of the City of Dania as determined in the sole discretion of
the City. Unless otherwise specified, any such award will be made within the period stated in
the Notice Inviting Bids that the bids are to remain open. Unless otherwise indicated, a single
award will be made for all the Bid Items in an individual bidding schedule. In the event the
WORK is contained in more than one bidding schedule, the CITY may award schedules
individually or in combination. In the case of 2 bidding schedules which are alternative to each
other, only one of such alternative schedules will be awarded. Despite any provision which is or
may appear to be to the contrary, the City of Dania shall be obligated to any bidder to enter into
a contract with the bidder as the apparent lowest, responsible, responsive bidder. The City shall
be obligated to any bidder for the Project if and only if the City enters into a written contract for
the Project with the bidder, and further, no action will lie against the City to compel City to
execute any such contract, or to recover from the City any damages, costs, lost profits,
expenses, etc., that bidder may incur if the City chooses not to sign such contract. By bidding
on this Project, all bidders acknowledge and agree that no enforceable contractual relationship
arises until the City signs the contract, and that no action shall lie to require City to sign such
contract at any time, and that bidder waives all claims to damages, lost profits, costs, expenses,
etc., as a result of the City not signing such contract.
17. EXECUTION OF AGREEMENT: The Bidder to whom award is made shall execute a
written agreement with the CITY on the form of agreement provided, shall secure all insurance,
and shall furnish all certificates and bonds required by the Contract Documents within 14
calendar days after receipt of the Agreement Forms from the CITY. Failure or refusal to enter
into an Agreement as herein provided or to conform to any stipulated requirements in
connection therewith shall be just cause for annulment of the award and retention of the Bid
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PAGE A-6
Security. If the Bidder who has been awarded the bid pursuant to paragraph 16 refuses or fails
to execute the Agreement, the CITY may award the Contract to whichever bidder it determines
next best serves its interest. On the failure or refusal of such second or third Bidder (who has
been awarded the contract) to execute the Agreement, each such Bidder's Bid Securities shall
be likewise retained by the CITY.
I
18. SITE INSPECTION: Bidder is responsible for a site inspection and final determination of
all materials, labor and equipment required in their proposal. Contractor will obtain complete
data at the site and inspect surfaces that are to receive his Work. Before proceeding with
Work, Contractor will be solely responsible for accuracy of measurements and laying out of
Work; will correct errors or defects due to faulty measurements taken, information obtained,
layout or due to failure to report discrepancies.
19. GOVERNMENT RESTRiCT1ONS: In the event any governmental restrictions may be
imposed which would necessitate alteration of the material quality, Workmanship, or
performance of the items/services offered on the bid prior to delivery/performance, it shall be
the responsibility of the successful bidder to notify the City at once, indicating in a letter the
specific restriction which required an alteration. The City of Dania reserves the right to accept
any such alteration, including any price adjustments occasioned thereby, or to cancel the
contract at no further expense to the City.
20. PUBLIC ENTITY CRIMES FORM: A person or affiliate as defined in 287.133, Florida
Statutes, who has been placed on the convicted vendor listed maintained by the Florida
Department of Management Services following a conviction for a public entity crime, may not
submit a bid on a contract to provide any goods or services to the City of Dania, may not submit
a bid on a contract with the City of Dania for the construction or repair of any public building or
public Work, may not submit bids on leases of real property with the City of Dania, may not be
awarded to perform Work as a contractor, Supplier, sub-contractor, or consultant under a
contract with the City of Dania, and may not transact business with the City of Dania in an
amount set forth in 287.017, Florida Statutes, for Category Two for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list. In compliance with Florida
State Statute Section 287.133(3)(a), Public Entity Crimes, The Form incorporated into this bid
package must be returned signed and notarized, with the Bid Proposal Form(s) at the time of
the bid opening. However, if you have provided the completed form to the submittal address
listed in this invitation to bid and it was received on or after January 1 of this calendar year, the
i
completed form is not required for the balance of the calendar year.
21. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation
of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or
ordered, as a result of this bid. The seller agrees to hold the City harmless from any and all
liability, loss or expense occasioned by any such violations.
22. TAXES: The City of Dania is exempt from all Federal and State taxes.
23. STANDARDS OF SAFETY: The bidder warrants that the product(s) and services
supplied to the City conforms in all respects to the standards set forth in the Occupational
PAGE A-7
Safety and Health Act and its amendments and to any industry standards if applicable. Bid
Proposal must be accompanied by Material Safety Data Sheet(s). (See attachment -
,� Compliance with Occupational Safety and Health Act).
24. ASSIGNMENT: The contractor shall not transfer or assign the performance required by
this bid without the advance written consent of the City of Dania. Any award issued pursuant to
this bid invitation and monies which may become due hereunder are not assignable except with
prior written approval of the City of Dania.
25. NO BID: See City of Dania "Statement of No Bid" form incorporated into the bid proposal
package.
26. OMISSION OF DETAILS: Omission of any essential details from these specifications
will not relieve the contractor of supplying such Work as specified.
27. REGULATIONS: All applicable laws and regulations of the Federal Government, State of
Florida, Broward County and Ordinances of the City of Dania will apply to any resulting award
of contract.
28. CITY PERMITS: The contractor will be required to obtain all necessary permits from the
City Growth Management Department and City Building Division Department of the City of
Dania. Permit fees charged by the City will be waived and should not be included in your bid.
29. NOTICE TO PROCEED: The contractor shall commence Work within ten (10) days after
receipt of Notice to Proceed from the City unless otherwise stated. After start of Work
Contractor must remain on site and actively pursue the Work until Work is completed.
30. LIABILITY INSURANCE: The bidder will assume the full duty, obligation and expense of
obtaining all insurance required. The City of Dania shall be an additional insured under all
policies required by this proposal. The bidder shall be liable for any damages or loss to the City
occasioned by negligence of the bidder or its agents or any person the bidder has designated in
the completion of its contract as a result of the bid. The successful bidder shall furnish to the
Purchasing Agent, City of Dania, 100 Dania Beach Boulevard, Dania, Florida 33004, certificates
of insurance which indicate the insurance coverages have been obtained or otherwise secured
in a manner satisfactory to the City in an amount equal to 100% of the requirements provided
herein and shall be presented to City prior to issuance of any contract(s) or award(s)
document(s) which meets the requirements as outlined on the accompanying Agreement.
Additionally, any Subcontractor hired by the CONTRACTOR for this Project shall provide
insurance coverage as stated herein.
31. INDEMNIFICATION: The contractor and any Subcontractor hired by the CONTRACTOR
shall, subject to the provisions of the Agreement, indemnify, save harmless, pay on behalf of
and defend the City of Dania its officers, agents and employees from and against any claims,
demands or causes of action of whatsoever kind or nature arising out of this agreement. The
contractor agrees that its indemnification obligations to the City of Dania shall not be limited by
PAGE A-8
e
mount, type of damages, compensation, or benefits payable by or for the
any limitation on the a tor under Workers' Compensation Acts, Disability Benefit Acts,
contractor or any sub-contrac any statutory bar. The City of Dania shall be an additional
other employee benefit acts to
this proposal. Any costs or expenses of whatsoever kind
insured under all policies required by
or natureby the City of
Contractor land is Subcontractor shalDl be borne by the Contractoania to enforce the mnification obligations of the
Pursuant to F.S. 725.06 when applicable, the City shall pay to the Contractor five
hundred dollars ($500.00) in consideration for the Contractor agreeing to indemnify the
City of Dania.
32. IDENTICAL TIE BIDS: Refer to Attachment- Drug Free Workplace Program Form.
33. CONFLICT OF INTEREST: For purposes of determining any possible conflict of interest,
all bidders must disclose if any City of Dania employee is also an City, corporate officer, or
employee of their business.
Indicate either"Yes" (a city employee is also associated with your business), or "No". If "Yes",
give person(s) name(s) and position(s)with your business.
NO-2- YES NAME & POSITION
34. FORCE MAJEURE: Seller's failure to make, or, buyer's failure to take, any delivery or
deliveries when due, if caused by Force Majeure as hereinafter defined, shall not constitute a
default hereunder nor subject the party so failing to any liability to the other, provided however,
the party affected by such Force Majeure shall promptly notify the other of the existence
thereof and its expected duration and the estimated effect thereof upon its ability obligations
hereunder.
Such party shall promptly notify the other party when such Force Majeure circumstances has
ceased to affect its ability to perform its obligations hereunder. The quantity to be delivered
hereunder shall be reduced to the extent of the deliveries omitted for such cause or causes,
unless both parties agree that the total quantity delivered hereunder remain unchanged. As
used herein, the term Force Majeure shall mean and include an ACT
of t OF GOhe ea,rstr
pi blic
enemy, accident, explosion, fire, storm, earthquake, flood, drought, p
es
lockouts, labor troubles, riots, sabotage, embargo, war (whether or not declared and whether
or not the United States is a participant) Federal, State, or Municipal, seizure, requisition, or
age or
es, equipment, fuel or
labor,tor anye
eother circumstances of a similar inability obtain
ar ord fferent naturebey ndlthe reasonable control
of the party so failing.
35. WARRANTIES: Warranty of Merchantability - Successful offeror warrants that all
upplied pursuant to the Agreement will be merchantable, or
equipment and materials to be s
whether patent or latent in material and Workmanship.
good quality and free from defects,
Warranty of Material and Workmanship - Successful Offeror warrants all material and
PAGE A-9
Workmanship for a minimum of one (1) year from date of completion and acceptance by City. If
within one (1) year after acceptance by City, or within such larger period of time as may be
prescribed by Law any of the Work is found to be defective or not in accordance with the
contract documents, successful offeror shall after receipt of written notice from City to do so,
promptly correct the Work unless City has previously given successful offeror a written
acceptance of such condition. This obligation shall survive termination of the contract.
I
Warranty of Fitness for a Particular Purpose - Successful offeror warrants the equipment shall
be fit for and sufficient for the purpose(s) intended and outlined within this proposal package.
Successful Offeror understands and agrees that City is purchasing the equipment in reliance
upon the skill of successful offeror in furnishing the equipment suitable for the purpose stated.
If the equipment cannot be used in the manner stated in the proposal, then City, at its sole
discretion, may return the equipment to successful offeror for a full refund of any and all
moneys paid for the equipment.
Warranty of Title - Successful Offeror warrants that all equipment delivered under the contract
shall be of new manufacture and that successful offeror possesses good and clear title to said
equipment and there are no pending liens, claims or encumbrance whatsoever against said
equipment.
36. LITIGATION JURISDICTION AND VENUE: The parties agree that this contract is deemed
to be entered into in the City of Dania, County of Broward, State of Florida. The parties agree
that all litigation between the parties shall take place in State Court in Broward County, Florida
or the federal district court for the Southern District of Florida, as applicable.
37. CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for
payment to a Contractor is limited to the availability of funds appropriated in current fiscal
period, and continuation of the contract into a subsequent fiscal period is subject to
appropriation of funds, unless otherwise authorized by law.
38. PRESENCE OF ASBESTOS MATERIALS: If in the course of Work, the Contractor
encounters any existing materials which he suspects contain asbestos, the Contractor will stop
Work in that area immediately and notify the City.
39. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from the General
Conditions shall have precedence.
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` PAGE A-10
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BID PROPOSAL FORM
BID TO: CITY COMMISSION
CITY OF DANIA
1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with the CITY in the form included in the Contract Documents to perform the
WORK as specified or indicated in said Contract Documents entitled:
FIRE STATION NO. 1 RENOVATIONS
2. Bidder accepts all of the terms and conditions of the Contract Documents, including without
limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the
disposition of the Bid Security.
3. The Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise
required by law. Bidder will enter into an Agreement within the time and in the manner
required in the ions to
insurance certificates and Inviting
nd Bonds required by the Contractt Documents.Bidders, and will furnish the
4. Bidder has examined copies of all the Contract Documents including the following addenda
(receipt of all of which is acknowledged):
Number one Date August 10 1998
Two Auou r 1R 1Qgst —
Three August 21 1998
5. Bidder has familiarized itself with the nature and extent of the Contract Documents, WORK,
site, locality where the WORK is to be performed, the legal requirements (federal, state and
local laws, ordinances, rules and regulations), and the conditions affecting cost, progress or
performance of the WORK and has made such independent investigations as Bidder deems
necessary.
6. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization or corporation. Bidder has not directly or indirectly induced or
solicited any other Bidder to submit a false or sham Bid. Bidder has not solicited or induced
any person, firm or corporation to refrain from bidding and Bidder has not sought by collusion
to obtain for itself any advantage over any other Bidder or over City.
To all the foregoing, and including all Bid Schedule(s) and Information Required of Bidder
contained in this Bid Form, said Bidder further agrees to complete the WORK required under
the Contract Documents within the Contract Time stipulated in said Contract Documents, and
to accept in full payment thereof the Contract Price based on the Total Bid Price(s) named in
the aforementioned Bidding Schedule(s).
PAGE A-11
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NAME OF FIRM COASTAL CONTRACTING & DEVELOPMENT, INC.
I ADDRESS: 807 N. North Lake Drive
Hollywood, FL 33019
i NAME OF SIGNER Gary J. McGedd
j(PTITLE OF SIGNER PrSIGNATURE:
DATE: 8/24/98
TELEPHONE NO.: (954) 0-7444 E NO. (954) 927-4480
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PAGE A-12
t
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SCHEDULE OF BID PRICES
TO: CITY COMMSSION
CITY OF DANIA
(Please fill in all blanks and return with your proposal.)
In accordance with your request for proposals and the specifications contained herein, the undersigned
proposes the following:
RRtR11fRRRRtflRlNffHRRyyRRRRRRyRtRfflHHIRfRRRf1.R MRffRfMltR
DESCRIPTION TOTAL COST
TOTAL COST OF BASE BID $ 637,250.00
BID ALTERNATE NO.1 (IF ANY) $ ( - 6,000.00 )
BID ALTERNATE NO.2 (IF ANY) $1 + 4.000.00 1
BID ALTERNATE NO.3 (IF ANY) $1 1
BID ALTERNATE NO.4 (IF ANY) $ 1 1
INDEMNIFICATION BID ITEM $ $500.00
GRAND TOTAL FOR ALL ITEMS $ 635,750.00
Note: The total bid price does not include any permit fees required by the City of Dania.
ALL BIDS MUST INCLUDE A SCHEDULE OF VALUES IN THE FORMS PROVIDED.
RRIRRRRRiRR1RRRI.IRRRRRRRRRRHRRR1i.1RRRIrRRRRRIPIRRIRRI.IRRRRRRRRORRiRRR1RRRRRIIIRRJ.IRRRIIM1RRIRRRRRRRRRRRRRRRR4H
ALL BIDS MUST BE SIGNED WITH THE VENDOR NAME AND BY AN OFFICER OR EMPLOYEE
HAVING THE AUTHORITY TO BIND THE COMPANY OR FIRM BY SIGNATURE.
PUBLIC ENTITY CRIMES FORM ATTACHED? YES X NO
NON-COLLUSION AFFIDAVIT ENCLOSED? YES X NO
MATERIAL SAFETY DATA SHEETS ENCLOSED? YES NO X
SPECIFICATION SHEETS/BROCHURES? YES NO X
HAVE YOUR INSURANCE REPRESENTATIVE REVIEW THE SAMPLE INSURANCE
CERTIFICATE TO ENSURE COMPLIANCE.
PAGE A-13
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BIDDER'S GENERAL INFORMATION:
The Bidder shall furnish the following information. Additional sheets shall be attached as
required. Failure to complete Item Nos. 1, 3, and 8 will cause the bid to be non-responsive
and may cause its rejection. In any event, no award will be made until all of the Bidders
General Information (i.e., items I through 9 inclusive) is delivered to the CITY.
(1) CONTRACTOR'S name and address:
COASTAL CONTRACTING & DEVELOPMENT INC.
807 N. North Lake Drive
Hollywood, FL 33019
(2) CONTRACTOR'S telephone number. (954) 920-7444
(3) CONTRACTOR'S license: Primary classification General Contractor
State License Number Ca-0053647 Supplemental
classifications held, if any:
Name of Licensee, if different from (1) above: Mr. Gary J. Mcceddy
Coastal Contracting & Development Inc.
(4) Name of person who inspected site of proposed WORK for your firm:
Name: Gary McGeddy Date of Inspection: August 10, 1998
(5) Name, address, and telephone number of surety company and agent who will provide
the required bonds on this contract: _Cumberland Casualty and Surety Company
4311. West Waters #501 Tampa FL 33614 (813) 889-4004
Agent: The Young Agency, Inc. 9731 S.W. llth St. Pembroke Pines FL 33025
30-8965
(6) ATTACHED TO THIS BID the experience resume of the person who will be designated
chief construction superintendent or on site construction manager.
(7) ATTACHED TO THIS BID a financial statement, references, and other information,
sufficiently comprehensive to permit an appraisal of CONTRACTOR'S current financial
condition.
(8) List 3 Projects completed as of recent date involving Work of similar type and complexity:
PAGE A-14
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PROJECT NAME CONTRACT PRICE NAME, ADDRESS AND
TELEPHONE NUMBER
OF CITY
City of Hallandale
City of Hallandale $575,000.00 400 S. Federal Hwy.
Austin Hepburn Center Hallandale. FT. 11009
(954) 457-1377
l
City of Deerfield Beach
City of Deerfield Beach $300,000.00 210 Goolsby Blvd.
Projects (954) 480-4315
Sunny Isles Police Dept. $.123,O00.00 Cit of Sunny Isles Beach
17070 Collins Ave.
Sunny. Isles FT, qqlAn—
(305) 947-0606
PAGE A-15
BID BOND
j
± KNOW ALL MEN BY THESE PRESENTS,
as Principal, and
That
as Surety, are held and firmly bound
unto CITY OF DANIA, hereinafter called "CITY" in the sum of ($
dollars,
(not less than 10 percent of the total amount of the Bid)
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these
presents.
WHEREAS, said Principal has submitted a Bid to said City to perform the WORK required
under the bidding schedule of the CITY'S Contract Documents entitled:
FIRE STATION NO. 1 RENOVATIONS
NOW THEREFORE, if said Principal is awarded a contract by said CITY and, within the time
and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters
into a written Agreement on the form of the agreement bound with said Contract Documents,
timely furnishes the required certificates of insurance, and timely furnishes the required Public
Construction Bond, then this obligation shall be null and void, otherwise it shall remain in full
force and effect and Surety shall pay to the CITY immediately the full sum identified in this
Bond. In the event suit is brought upon this bond by said CITY and CITY prevails, said Surety
shall pay all costs incurred by said CITY in such suit, including a reasonable attorney's fee to be
fixed by the court. The Surety, for value received, agrees that its obligations shall not be
affected or impaired by any extension of time within which CITY may accept the Bid of Principal
and Surety waives notice of any such extension.
SIGNED AND SEALED, this day of 11998
(SEAL) (SEAL)
(Principal) (Surety)
By:
By:
(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
PAGE A-16
I
REFERENCE SHEET
In order to receive Bid Award consideration on the proposed bid, it is a mandatory requirement
that the following 'Information Sheet' must be completed and returned with your bid. This
information may be used in determining the Bid Award for this contract.
BIDDER (COMPANY NAME): COASTAL CONY
I
807 N. North Lake Dr. TELEPHONE NO: 1954L 920-7444
ADDRESS: Holl ood, FL 33019
Gar J. McGeddy TITLE President
CONTACT PERSON: y
NUMBER OF YEARS IN BUSINESS 25
ADDRESS OF NEAREST FACILITY 807 N. North Lake Drive
o ywoo , FL 33019
LIST THREE (3) COMPANIES OR GOVERNMENTAL AGENCIES WHERE SIMILAR PRODUCTS AND
SERVICES HAVE BEEN PROVIDED IN THE LAST YEAR (SEE PAGE A-15).
1. Company Name:_C_ity of Deerfield Beach
Address: 210 Goolsb Blvd.
Phone: UA A Q"-0�1�
Deerfield Beach, FL 33442
Contact Person: Dennis Booth Title: Fleet & Fscilities Man��P*
2. Company Name:__Citj of Hallandale
Address: 400 S Federal Highway_
Phone: �954 G57-1377
Hallandale, FL 33009 Title: Adm. Anal st
Contact Person: Marcia Lem
3. Company Name: City of Sunn Isles Beach
305 947-0606 —
Address: 17070 Collins Avenue 0 Phone: ( )
unny 14 es, L Buildin Official
I
Contact Person: Michael Berkman Title:
PAGE A-17
j
CITY OF DANIA
NON-COLLUSION AFFIDAVIT
This affidavit is to be filled in and executed by the bidder, if the bid is made by a
Corporation, then by its Chief Officer. This document must be submitted with the bid.
STATE OF FLORIDA
ss
COUNTY OF BROWARD
being first duly 807oN. Nodeposes
th e Dr says that
Gary J. McGeddy
residing at Hollywood, FL 33019 and
residing at and
residing at (Wave)
the only person(s) with (him/them) in the delivery of the materials bid upon or the services
performed under these specifications; that the said bid is made without any connection or
common interest in the profits with any other persons making any bid or proposal for the said
Work; that the said contract is on (his/their) part in all respects fair and without collusion or
lfraud; and also that no head of any depart nt or any employee t e ein; or any officer of the
City of Dania is directly or indirectly intereste e n
BIDDER'S AUTHORIZED SIGNATURE r J cGeddy
day ust 1998
Subscribed and sworn to before me this 24th_ Y of Aug
OrPiCALNOrA^YSEAL
6EVERLY1TH05•Ir30N
N'.O.TnRY LJRLICSrATuO�RLOPMA
CUOMLCSION NO.CC692595
MyCO3,MMISSION EXP.OCr.28,2031 Notdry Public
PAGE A-18
I
i SWORN STATEMENT PURSUANT TO
SECTION 3)(a), FLORIDA STATUTES, ON
IC ENTITY CRIMES
1
I R OTHER OFF CI AL AUTHORIZED TO ADMINISTER OATHS.GNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC
i
1. This sworn statement is submitted to:
City of Dania, FL
(Print Name of Public Entity)
by Gary J. McGeddy, President
(Print Individual's Name and Title)
for: Coastal Contracting 6 Develo ment Inc.
(Print Name of Entity submitting sworn statement)
whose business address is: 807 N. North Lake Drive M
and(if applicable) its Federal Employer Identification Number(FEIN) is: 65-0013610
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement)
2. 1 understand that a "public entity crime" subsection 287.133(1)(g), Florida Statutes, means
a violation of any state or federal Iublic entit y a person
or with an respect
agency or poll ical subd v sion of
transaction of business with any p Y
any other state or of the United States, including,
ty tornot
anlimited
y agency or political subdivis oon
goods or services to be provided to any publliic ent
of any other state or of the United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand that"convicted" or"conviction" as defined in subsection 287.133(I)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought
by indictment or information after July 1, 1989, as result of a jury verdict, nonjury
trial, or
entry of a plea or nolo contendere.
4. 1 understand that an "affiliate" as defined in subsection 287.133(1)(a), Florida Statutes
means:
4.1. A predecessor or successor of a person convicted of a public entity crime; or,
PAGE A-19
A
4.2. An entity under the control of any natural person who is active in the management
of the entity and who has been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The Cityship by
one person of shares constituting a controlling interest in another person or a pooling of
equipment or income among persons when not for fair market value under an arm's
length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. 1 understand that a "person" as defined in subsection 287.133(1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
6. Based on the information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement (indicate which statement applies):
Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
I
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
1 the management of the entity, or an affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members or agents who are active in
the management of the entity, or an affiliate of the entity has been charged with a
convicted of a public entity crime subsequent to July 1, 1989. However, there has been
a subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submitting this sworn statement
on the convicted vendor list. (attach a copy of the final order)
PAGE A-20
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN ABOVE IS
THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM PARAGRAPH AID THROUGH)DEC EMBER OR
31,
OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT 1 AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN
EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED
IN THIS FORM.
Signature:
4Gay c 'eddy
Sworn to and subscribed before me this 24th day of
August 1998
Personally known to me xxxx or Produced Identification
Notary Public- State of Florida
My commission expires 10/28/01
(Type of Identification)
Bev � o � �Nota Notary
(Printed type or stamped commissioned 0pF,CW NOPAEYSEAL
DEVE!tLY I TH0MK50N
name of notary public) NOT%RYPU9UC STATE O�FLOrM A
1d0,CC692595
navcc,,, S1c�EXP.OCT.28200I
PAGE A-21
}
DRUG-FREE WORKPLACE PROGRAM FORM
` In accordance with Section 287.087, State of Florida Statutes, preference shall be given to
businesses with Drug-free Workplace Programs. Whenever two or more bids which are equal
with respect to price, quality and service are received for the procurement of commodities or
contractual service, a bid received from a business that certifies that it has implemented a
l Drug-free Workplace Program shall be given preference in the award process. In the event that
none of the tied vendors have a Drug-free Workplace program in effect the City reserves the
right to make final Decisions in the City's best interest. In order to have a Drug-free Workplace
Program, a business shall:
1 . Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the Workplace and
specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the Workplace, the business's policy
of maintaining a drug-free Workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify employees that, as a condition of
Working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled
substance law of the United States of any State, for a violation occurring in the Workplace
no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community by any
employee who is convicted.
6. Make a good faith effort to continue to maintain a drug-free Workplace through
implementation.
If bidder's company has a Drug-free Workplace Program, so certify below:
AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS FIRM
COMPLIES FULLY WITH THE ABOVE REQUIREMENTS.
DATE:
SIGNATURE OF BIDDER
PAGE A-22
i
COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT
ar
' Bidder certifies that all material, equipment, etc. contained in this bid meets all O.S.H.A.
requirements. Bidder further certifies that if he/she is the successful bidder, and the material,
equipment, etc., delivered is subsequently found to be deficient in any O.S.H.A. requirement in
effect on date of delivery, all costs necessary to bring the material, equipment, etc. into
compliance with the aforementioned requirements shall be borne by the bidder.
OCCUPATIONAL HEALTH AND SAFETY MATERIAL SAFETY DATA SHEET REQUIRED:
In compliance with Chapter 442, Florida Statutes, any item delivered from a contract resulting
from this bid must be accompanied by a MATERIAL SAFETY DATA SHEET (MSDS). The
MSDS must include the following information:
A. The chemical name and the common name of the toxic substance.
B. The hazards or other risks in the use of the toxic substances, including:
1. The potential for fire, explosion, corrosivity and reactivity
2. The known acute and chronic health effects of risks from exposure, including the
medical conditions which are generally recognized as being aggravated by exposure to
the toxic substance; and
3. The primary routes of entry and symptoms of overexposure.
C. The proper precautions, handling practices, necessary personal protective equipment, and
other safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of overexposure.
it D. The emergency procedure for spills, fire, disposal and first aid.
E. A description in lay terms of the known specific potential health risks posed by the toxic
substances intended to alert any person reading this information.
F. The year and month, if available, that the information was compiled and the name, address
and emergency telephone number of the manufacturer responsible for preparing the
information.
PAGE A-23
PERFORMANCE BOND
I
CONTRACTOR shall provide a Public Construction Bond in substantial form specified by
255.05, Fla. Stat. which is issued by a surety company licensed to do business in the State of
Florida and designated by the Department of the Treasury as holding Certificates of Authority
as acceptable sureties on federal bonds and as acceptable reinsuring companies. This bond
shall specifically cover damages for delay (e.g., liquidated damages), indemnification,
warranties, royalties, and safety violations, and the approved form is as follows:
I
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We, as Principal and
a corporation, as Surety, are bound to THE CITY OF
DANIA, FLORIDA, herein called City, in the sum of $ 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 , 19_, between Principal and City
pertaining to Fire Station No. 1 Renovations, 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 City all losses, damages, expenses, costs, and attorney's fees, including
appellate proceedings, that City sustains because of a default by Principal under the contract
including, but not limited to, all losses, damages, expenses, costs, and attorney's fees,
including appellate proceedings, that City 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 proprety; 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.
1 PAGE A-24
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
4�1 performance under the contract was prevented or frustrated by the City or that City breached
the contract, do not affect Surety's obligation under this bond.
DATED ON 19_
(Name of Principal)
By:
(As Attorney in Fact)
(Name of Surety)
I
II
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j PAGE A-25
Christy Blacker (954) 921-0859 p• 2
CITY OF DANIA
FIRE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: Michael W. Smith, City Man
FROM: Kenneth Land, Fire Ch'
RE: Bids received f FiAon 1 renovations
DATE: September 15, �b
On August 24, 1998, eight (8) bids relating to the above referenced project were
received and opened. The results of those bids are reflected in document prepared by
the architectural firm of Manuel Synalovski Architects, Inc., entitled "City of Dania—Fire
Station No. 1 Renovations, Bid Opening Results 4:15 P.M. 824/980 attached hereto.
After reviewing each bid submitted, Manuel Synalovski has recommended Coastal
Contracting & Development, Inc. by letter dated September 3, 1998, directed to Deputy
Chief Brown, a copy of which is also attached hereto.
I feel confident that the company recommended is the best for this particular project,
and, therefore, hereby recommend that the city enter into a contract with Coastal
Contracting & Development, Inc. As reflected by the attached documents, this
I recommendation Is based on a selection of the lowest responsive, responsible bidder
and our understanding that the City of Dania will enter into an agreement for the base
bid value and not accept any deductive alternates.
If you have any questions relating to the above, please do not hesitate to contact me.
KL:clb
attachments
SEP-16-1998 08:44 954 921 0959 P.02
Christy Blacker (954) 921-0959 p.4
MMUELsr0A10VS10AIKHUM,INC • n095t"Awd.SM2N • FCg1&4x1SrbOa3A1f • reudnxos+•oerroeoa•ra vsnAs+ aem
September 3, 1998
Chief Michael Brown
City of Dania, Fire Rescue
100 W. Dania Beach Blvd.
Dania, FL 33004
I
RE: Fire Station No. 1 Renovations
City of Dania
Project#980305
Dear Chief Brown:
As requested,we have reviewed the bid proposals submitted on August 24, 1998 at the r
bid opening for the above referenced project.
As Architect of Record for the Project it is our recommendation that the City of Dania
I
award the Contract for Construction to Coastal Contracting&Development, Inc.
This recommendation is based on a selection of the lowest responsive, responsible
bidder and our understanding that the City of Dania will enter into an agreement for the
base bid value and not accept any deductive alternates.
Once again we thank you for the opportunity to be of assistance. Please do not hesitate
to contact us should tthee� need arise.
Respe IIY`X'A_�
Man el Synalovski, A I.A
Pros nt
FL. LIC #11,628
MSllal
cc: Tam Ansbro, City Attorney
Brinkley, McNerney, Morgan, Solomon &Tatum, L.L.P.
c:YlreWocrffi803D5
Arthireaurc•Planning.Inlnior Dalgn
SEP-16-09B 08:45 954 921 0959 P.04
CITY OF DANIA - FIRE S'I ATION N I I ENOVATIONS �
BID OPENING RESULTS 4: 1� P.M. 0/24/98
C -PANY NAME BASE BID DED.ALT. 01 DED. ALT. 62 DED. ALT. 03 DED. ALT. 04
' CORAL-TECH ASSOC., INC. t 638,41000 s 5jD0000 + 8�00000 + 9f000.00 s 000
AMERICOOL 000 f 0.00 f 0.00 f 0.00
GNL CONSTRUCTION s 662,121.00 f 5685�0 a 8,90000 s 10320f00 s 460000
CONCEPTS IN DEVELOPMENT N/A
PICON, INC. t 194,128Pi0 s 1�3600 s 14,41500 t 12,053.00 t 0
VENECON, INC. N/A
ELWELL CONSTRUCTION N/A
BROOKS BUILDERS, INC. f 121,500.00
WEISS / WOOLRICH t 141j000.00
COASTAL CONST. t DEV., INC. t 631,250.00 $ 6000.00 0 .4,000.00)
B.T. BUILDERS, INC. N/A
GEORGE RADA, INC. N/A
$BS CONSTRUCTION CORP. N/A
T.J. BUILDERS, CORP. N/A
SELDIN CONSTRUCTION, INC. N/A
MBR CONSTRUCTION, INC, t 640,500.00 t 6,115.00 s 8,000.00 + 50000 ► 100000
CONSOLIDATED BLDRS. ENT., INC. N/A
ZURQUI CONST. SERVICES N/A
ti'
1
BID BOND NO. BB022100065
_..,,1 BID 80ND
I
KNOW ALL MEN BY THESE PRESENTS,
That COASTAL CONTRACTING AND DEVELOPMEt7T, INC. so Principal and
CDNBERLAND CASUALTY AND SURETY COMPANY as Surety, are hold and firmly bouhd
unto CITE'OF DANIA, hereinafter called *CITY*In the sum of (a —10% —
TEN PERCENT OF AMOUNT BID --
(not lass than 10 percent of the total amount of the Bid)
for the payment of which sum, well and truly to be made, we bind ourselves, our holfs,
executors, administrators, successors, and assigns, jointly and severely, firmly by these
presents.
i
WHEREAS, sold Principal has submitted a Bid to sold City to perform the WORK required
under the biddkp schedule of the CITY'S Contract Documents entitled:
FIRE STATION NO. 1 RENOVATIONS
NOW THEREFORE, M said Principal is awarded a contract by said CITY and, within the time
and In the manner required In the"Notice Inviting Bids"and the 'Instructions to Bidders"entefs
Into a written Agreement on the form of ft agreement bound with said Contract Documents,
timely furnishes the required certificates of insurance, and timely furnishes the required Public
Construction Bond, then this obligation shall be null and void, otherwise it shalt remain in full
fares and effect and Surety shall pay to the CITY immediately the full sum Identified in this
Bond. In the event suit Is brought upon this bond by said CITY and CITY prevalls, said Surety
shop pay all costs incurred by sold CITY in such suit, Including a reasonable attorneys fee to
be fixed by the court The Surety, for value received, sprees that its oblgations *hall not be
affected or impaired by any extension of time within which CITY may accept the Bid of
Principal and Surety waives notes of any such extension.
SKiNED ND SEALED,this 24TB day of AUGUST , 1998
COAS NTRA ING AND CUMBERLAND CASUALTY AND SURETY COMPANY
D �• L) (SEAL)
Unity)
By: Bye,
GARY MC Y, PRESIDENT JOB L. YOUNG, A RNEY—II—FACT AND
(SEAL AND NOTARIAL ACKNOWLE ENT OF SURE FLORIDA SIDENT
PAGE A-16
CUMBERLAND CASUALTY & SURETY COMPANY
TAMPA, FLORIDA
BOND NQ BB022100065
KNOW ALL MEN BY THESE PRESENTS:That the Cumberland Casualty&Surety Company,a corporation duty orgenlad
under the laws of the State or Flodda,harA g b pnnclpd office in the city of Tampa.F'lorde,pureuant to fhe following resolution,
adopted by the Board of Directors of the said Company on Ben 7th day of April,1997,to wit:
Resolved,that the President of the Company shall haven the authority to make,smuts and ddiher a Power of Attorney
coratil t as Attameydn•Fad,such person,hmm,or corporatkxts as may be selected from time to time.
Be It further resolved, that the signature of the President and the Seal of the Company may be atfuad to
any such Parer of Attorney or any certificate relating thereto by facsimile , and any such powers so
saacuted and certified by facsimile signature end facsimile seal shall be valid and binding upon thhe Company In the
fugue with respect to any bad or undertaking to which it Is attached.
Cumberland Casualty&Surety Corhpary does Hereby make,constitute and appoint
Jody L Ypmg Its hue end lawful abomayiMWc for lt and in its name,to sign.execute,
admoaledge,deliver,act and deed on its behalf In issWng the bond _ BB022100085_in the amourt ai _ $80 000.00_,
and to did Curtbtdad Casualty&Surey Company thereby as fully and to the same agent as if such bad or underlaking was
signed by the duty authorized officer of the Cumberland Casualty&Surety Company.
IN WITNESS WHEREOF,the Cumberland Country&Surety Company hu earned this Power of Atorney to be
sigsed by an officer of the Company and Its Corporate Seal to be hereto afflsed.
�a't'ub CUMBERLAND CASUALTY&SURETY COMPANY
STATE OF FLORIDA ) Q �.y� ��T
SS a.1g 900a p7 L� s"Q.i �/
COUNTY OF HILLSBOROUGH) Wr 7Md" Edward J.(Edde field IV,Prcsideul
On this Ah day of April,AD.1997,before mer personally,came Edward J.EdenW N,to me known,who being by me duly
swam,did depose and say,that he rankles in the County of Hillsboro gh,Stsbe of Florida;that he B President,of the Cumberland
Casualty&Surety Company,the corporation described in and which executed the above Instrument;that he know the seat d
said corporation;ghat the seal of head to the said Instrument is such carpaetion seal;that it was so affored by order of the Board
of Directors of said corporation and that he signed his nano,thereto by like order.
I"ayy BEVERLY ANN JERRY
STATE OF FLORIDA ) uaruhha. Notary Publiq State of Florida
ftlN My Commission Expires Aug,22,1998
SS ep, jq7 No.CC 402276
COUNTY OFHILLSBOROUGH) atn BoodedThm OficialNotaryService
I,the undersigned,Secretary of the Cumberland Casually&Surely Company,a Florida Corporation, Do HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full face.
Signed and Sealed at the City of Tampa.
` - Dated the 24th Day of Auau-ct 1998
�6lyl JM� Carol S.Black,Secretary
Bond Type: AU1.109G BID BOND
Obligee: CITY OF DANIA
r
if
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