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HomeMy WebLinkAboutR-1998-128 i1 RESOLUTION NO. 128-98 9 ) RESOLUTION OF THE CITY OF DANIA, FLORIDA, CONDITIONALLY ACCEPTING THE BID PROPOSAL SUBMITTED BY NIARON ROOFING TO THE CITY OF DANIA AND AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH THAT BUSINESS FOR LABOR AND MATERIALS NECESSARY FOR THE REPLACEMENT OF THE ROOF OF THE CITY OF DANIA ADMINISTRATIVE CENTER; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That the Dania City Commission conditionally accepts the bid proposal submitted by Niaron Roofing in the amount of $44,320.00 based upon competitive bids, for the replacement of the roof at the City of Dania's Administrative Center. Section 2. That that certain agreement between the City of Dania and Niaron Roofing for labor and materials necessary to complete the roofing replacement work to the City of Dania's Administrative Building, 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 That all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. RESOLUTION NO. 128-98 I 1 PASSED AND ADOPTED THIS 25TH DAY OF \AUGUST, 1998. ATTEST: J " CI LERK MAYOR-COMMISSIONER Roll Call: APPROVED AS TO FORM AND Mayor Cali -yes CORRECTNESS: Vice-Mayor Etling-yes Commissioner Bertino -yes Commissioner Hyde -yes CITY ATTORNEY Commissioner Mikes -yes „y RESOLUTION NO. 128-98 AGREEMENT it THIS IS AN AGREEMENT ("Agreement"), dated —at 1998 between: THE CITY OF DANIA ("City"), a Florida municipal corporation, with a business location at 100 WEST j DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, and NIARON ROOFING, INC. ("Contractor"), a Florida Corporation with its principal place of business located at 3555 Northwest 10'Avenue, Fort Lauderdale, Florida 33309. In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and Contractor agree as follows: ARTICLE 1 j PREAMBLE i In order to establish the background, context and frame of reference for this Agreement, and to generally express the objectives and intentions of the parties, the following statements, representations and explanations are the predicates for the undertakings and commitments included within the provisions which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The Contractor, for the consideration fully set out below, shall furnish all the j materials, equipment and labor to perform all work necessary to complete the Project, all in full and complete accordance with Exhibit "A" and City's Invitation to Bid, which are both attached and made parts of this Agreement. The "Project" consists of materials, equipment and labor necessary to complete the roofing of the City of Dania Administrative Center located at the City address first specified above, as such items are more particularly described in the Roofing Specifications which are a part of Contractor's executed Bid Proposal, which proposal is incorporated into and made a part of this Agreement as Exhibit"A", attached. 1.2 The City advertised its notice to bidders of the City's desire to have the Project completed, pursuant to the bid entitled: BID PROPOSAL FOR ROOFING OF CITY OF DANIA'S ADMINISTRATIVE CENTER 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 1.3 On August 25, 1998, the City awarded the bid to Contractor and authorized the proper City officials to enter into this Agreement with Contractor to complete the Project. 7 q `71 1 «A rr o�o: 1 1 i ARTICLE 2 -- SERVICES AND RESPONSIBILITIES 2.1 Contractor agrees to do everything required by this Agreement and to comply with any and all other provisions in the documents and items incorporated by reference into this Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off- site disposal, which is or may be necessitated by its work on and around the Project site. 2.2 Contractor agrees that all work performed under this Agreement shall be done in a professional manner and that Contractor's efforts will produce a quality result. 2.3 Contractor represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the expertise, experience and work force sufficient to timely perform the services to be provided by Contractor pursuant to the terms of this Agreement. 2.4 Contractor represents to City that Contractor is properly licensed by all applicable federal, state and local agencies to provide the services specified under this Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any reason by any governmental agency, Contractor shall notify the City immediately. i 2.5 Contractor agrees to conduct all work and services under this Agreement in accordance with all applicable federal, state and local laws and regulations. Contractor will identify all governmental authorities and agencies having jurisdiction to approve work involved in the Project and Contractor agrees to obtain all permits and approvals from any and all such governmental authorities which have jurisdiction. If permitted by the permitting agency, and if City can realize a cost savings by such action, City may authorize the Contractor to seek required permits on behalf of and in the name of City as its Contractor; provided, however, that Contractor agrees to fully indemnify and hold harmless the City in all respects as a result of the obtaining of any and all such permits and approvals. Without limiting the foregoing, City agrees to reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid same, the amounts of all permit fees incurred by Contractor in connection with the applications, processing and securing of approvals or permits which are required to be obtained from all governmental authorities which have jurisdiction over any and all aspects of this work, except City permits and fees which shall be waived and except for so much of any fees as to which the City is required to remit to other governmental agencies. 2.6 City's Building Official, or his designated representative, will be the person through whom Contractor must communicate all information pertaining to the Project. 2.7 Contractor shall guarantee the entire Project against poor workmanship and faulty materials for a period of seven (7) years after final payment and shall immediately correct any defects which may appear during this period upon written notification by the City's Building Official or his designated representative. Contractor waives any and all rights to claim any statute of limitations defense as to any condition that may arise under this guarantee. 2 i ARTICLE 3 TERMS AND CONDITIONS 3.1 Contractor shall begin to perform the Project work commencing no later than thirty (30) days from the date first above written and shall notify City in writing of the date work did commence (the "Commencement Date"). Contractor shall complete the Project work no later than forty-five (45) days after the Commencement Date and notify City in writing of that work (the "Completion Date"). 3.2 This Agreement may be terminated by City if Contractor fails to perform the work to City's sole and reasonable approval, after City sends written notice of any deficiency to Contractor and Contractor does not cure such deficiency within seven (7) days from the date of such notice. In such event, the Contractor shall be paid compensation for improvements made toward completion of the Project, if such improvements meet City's sole and reasonable approval, which approval will not be unreasonably withheld. In the event that the Contractor abandons the work specified in this Agreement or causes it to be terminated, Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the amount to be paid under this Agreement. All finished or unfinished materials, documents and reports prepared by Contractor shall become the property of City and shall be delivered by Contractor to City before payment, if any, is made to Contractor by City. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT I 4.1 After Contractor gives City written notice of the Completion Date, City agrees to compensate Contractor, as follows, no later than twenty (20) business days after the City Building Official or his designated representative approves all of Contractor's completed Project work pursuant to the provisions of this Agreement: AGREEMENT AMOUNT: $ 44,320.00 ASBESTOS REMOVAL AMOUNT $13,866.00 (See Addendum #1 attached as part of this agreement) TOTAL AGREEMENT AMOUNT $58,185.00 Project completion shall be evidenced by a writing to that effect, issued by the City i Building Official and given to the City Clerk. The total compensation above may not be exceeded without a written amendment to this Agreement executed by the authorized agents of both of the parties. 4.2 Payment will be made to Contractor at: NIARON ROOFING, INC. 3555 Northwest 10w Avenue Fort Lauderdale, Florida 33309 3 1 4.3 The making and acceptance of the work shall constitute a waiver of all claims by the City except for any or all claims arising from the guarantee set forth above, unsettled liens, 1 lawsuits, deficiencies or faulty work appearing within seven (7) years after final payment, or from any variations from the requirements of the Roofing Specifications for the Project. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4.4 Contractor shall, before final payment is made by City, provide City copies of releases of all liens from any and all subcontractors, materials' providers and the like, who or which supplied or furnished any labor, services or materials that were used in the Project. Contractor shall then furnish the City a "No Lien Affidavit". Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the work, have been paid in full, and after all guarantees that appear in this Agreement and as otherwise set forth in the specifications have been furnished and are found acceptable by the City. ARTICLE 5 CHANGES IN SCOPE OF WORK City or Contractor may request changes that increase, decrease or otherwise modify the Project, as described in this Agreement. These changes may affect the compensation specified above and, if so, they must be described in a written amendment, executed by the authorized agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from the work described in j this Agreement or the Roofing Specifications without City's advance written consent. ARTICLE 6 i PROTECTION OF CITY'S PROPERTY At all times during the performance of this Agreement, the Contractor shall protect the City's property from all damage whatsoever on account of Contractor's performance of work toward completion of the Project described by this Agreement. ARTICLE 7 INDEMNIFICATION 7.1 The Contractor agrees to indemnify and hold harmless the City and its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands or causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments and decrees, sustained by the City and any third party arising out of, or by reason of, or resulting from the Contractor's work toward completion of the Project, Contractor's reckless acts, or negligent acts, or both and any and all errors or omissions of whatsoever kind up to a maximum amount of the Total Agreement Amount. 4 I A 7.2 The Contractor agrees to release the City from and against any and all liability and responsibility in connection with the Project work. If Contractor exposes City to liability for any reason arising out of the Project work, Contractor's compensation may be withheld until City can determine the extent of City's exposure and City retains the right to offset any amounts related to such matters against Contractor's compensation, if any. City will notify Contractor in writing when it determines Contractor may have exposed City to any liability and City will provide a reasonably ascertainable date by which resolution of the exposure, offset or both will be determined. ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this Agreement until iContractor has obtained all insurance required under section 8.4 of this Article ("Coverage") and such Coverage has been approved by the Risk Manager of the City. The Contractor shall not allow any subcontractor to commence work on any subcontract until the subcontractor, as provided in section 14.3, below, and all Coverage required of any subcontractor, have been approved by City. In addition, Contractor shall be responsible for any policy deductibles and self-insured retentions. 8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of the Coverage. They shall be filed with the City Risk Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that Coverage afforded under these policies will not be canceled until at least thirty (30) days prior written notice has been given to the City. Policies for Coverage shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 8.3 Coverage shall be in force until all work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at.least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like Coverage for the balance of the period of the Agreement and any extension of it is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGE REMAINS IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT. 8.4 REQUIRED INSURANCE COVERAGE. 8.4.1 General Liability Insurance includes products, completed operations and blanket contractual liability with bodily injury limits of not less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. City shall be named as an "additional named insured" under the general liability policy including product liability. 5 I tow 8.4.2 Workers' Compensation insurance shall be maintained by Contractor during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, as otherwise addressed in this Agreement, the Contractor shall require any subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. The Contractor and its subcontractors shall maintain during the life of this policy Employers' Liability Insurance. The following limits must be maintained: $500,000.00 with not less than $100,000.00 per occurrence. 8.4.3 Comprehensive Auto Liability insurance with limits not less than $500,000.00 per occurrence for bodily injury and property damage. This coverage shall include owned, hired and non-owned vehicles. The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete the Project. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City deems necessary depending upon the possible exposure to liability. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employeelemployer relationship between the parties. Contractor agrees that it is not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wages' laws and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain sole and absolute discretion and exercise its judgment as to the manner and means of carrying out Contractor's activities and responsibilities toward completion of the Project. Administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both. 6 ARTICLE 10 1 PUBLIC CONSTRUCTION BOND 10.1 At the time of the execution of this Agreement, Contractor shall furnish a Public Construction Bond equal to the amount of the bid or an Irrevocable Letter of Credit acceptable to City in the amount of one hundred fifty percent (150%) of the bid from Contractor's lending institution which will be considered Bond Coverage for the City (in either case, the guarantee is referred to in this Article 10 as the "Bond"). If a Public Construction Bond is submitted, it will be in the form prescribed by Florida law (a copy of such Bond is attached to this Agreement, identified as Exhibit "B" and incorporated by this reference). Any authorized Bond shall guarantee to the City the completion and performance of the work covered in the Agreement. The Bond shall at all times be valid and in force to cover the work being performed. The Bond shall be executed by a Surety Company approved by the U.S. Treasury Department, licensed to do business in the State of Florida, and having a registered agent in Broward County (the "Surety") or, if an Irrevocable Letter of Credit is supplied, it must first be reviewed and approved in writing as acceptable to City in all respects, including the identity and location of the issuing bank, by the City's Chief Financial Officer, which approval will not be unreasonably withheld. 10.2 The Contractor agrees to keep any such Bond, or a replacement of it, in full force and effect at all times during the course of performance of this Agreement. In addition to the foregoing requirements, such Bond shall contain provisions, whether by attaching endorsements or supplemental agreements, guaranteeing to the City the completion of the work described in this Agreement. Contractor may comply with the requirements of this provision by causing the Bond to specifically name the CITY OF DANIA as one of the parties to whom the protection afforded by the Bond is extended or as an alternative, may furnish the City with a separate Bond meeting the same criteria provided above. ARTICLE 11 DEFAULT OF AGREEMENT AND REMEDIES 11.1 Liquidated Damages. It is mutually agreed between the parties that time is of the essence of this Agreement, and in the event the Project is not completed within the time and in the manner specified in this Agreement, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain the sum of Two Hundred ($200.00) Dollars per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted and the City is denied full benefit of completion of the Project, which sum City and Contractor agree represents the damages the City will have sustained per day for the failure of the Contractor to complete the Project within the time stipulated. The parties agree that this sum is not a penalty. 7 11.2 Remedies in Default. In case of any default by Contractor, the City, through City's Building Official or his designated representative, shall notify the Contractor, in writing, of such default and direct Contractor to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Bond, or the lending institution named in the Irrevocable Letter of Credit (the "Bank"), whichever is applicable. If Contractor does not cure such default within seven (7) days of the date after notice was sent by City, City may declare a default of this Agreement and will notify the Contractor and the Surety or Bank of such declaration of default in writing and terminate the Agreement. 11.2.1 Within ten (10) days of such declaration of default, the Surety on the Bond shall, at its own cost and expense, rectify or cause to be rectified the default and also contract with a replacement contractor to be approved by City. Surety's replacement Contractor wilt assume the work of Contractor and complete performance of the work of the Project under the Agreement within thirty (30) days of City's approval of Surety's replacement Contractor. The Surety shall receive payment equal to what would have been paid the Contractor had the Contractor continued to perform the work under the Agreement, less any compensation paid to Contractor by City and less all sums due the City for any damages suffered or any expenses incurred, or both, by reason of Contractor's default. Alternatively, if applicable, City shall notify Bank that the Irrevocable Letter of Credit is required to be honored and payment immediately made to City. 11.2.2 If such Surety or Bank fails to perform any of its obligations as described above, the City may complete the Project, or any part of it, either by day labor or re- letting a contract ("Default Contract") for the same, and procure the equipment and the facilities necessary for the completion of the Default Contract, and charge the cost of same to the Contractor, the Surety, or both, together with the costs incident to such default. 11.2.3 In the event the City completes the Default Contract at a lesser cost than would have been payable to the Contractor under this Agreement, if the same had been fulfilled by Contractor, City shall retain such difference. Should such cost to the City be greater, then the Contractor, the Surety, or both shall pay the amount of such excess to the City. ARTICLE 12 BANKRUPTCY It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed and Contractor will automatically be in default of this Agreement and the provisions of Article 11 will be enforced at City's discretion. ARTICLE 13 DISPUTE RESOLUTION 8 13.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be i addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party, subject to the limits of this paragraph. Where the prevailing party is awarded compensatory damages from the non-prevailing party, the amount of attorneys' fees shall not exceed the amount of compensatory damages. If no compensatory damages are awarded, the prevailing party is entitled to reasonable attorneys' fees, which entitlement and award shall not exceed the total amount payable as Contractor's compensation under this Agreement. 13.2 Operations During Dispute. 13.2.1 In the event that a dispute, if any, arises between the City and the j Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. 13.2.2 Notwithstanding any other provisions in this Agreement, whenever any service provided by the Contractor fails to meet City's reasonable approval, the City will have the right to terminate the Agreement seven (7) days after the date when the written notice was sent by City of the deficiency, if Contractor has not cured such deficiency within that time. ARTICLE 14 MISCELLANEOUS 14.1 Legal Representation. It is acknowledged that each party to this Agreement 1 had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply to this Agreement due to the joint contributions of both parties. 9 R 14.2 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor may attempt to claim reimbursement. Such books and records will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 14.3 Assignments, Subcontracts and Amendments. This Agreement, and any interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or otherwise encumbered, under any circumstances, by Contractor without the prior written consent of City. For purposes of this Agreement, any change of ownership of or controlling interest in Contractor shall constitute an assignment which requires City approval. Violation of the terms of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its discretion, cancel this Agreement and all rights of Contractor under this Agreement will terminate. It is further agreed that no modification, amendment or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed by the authorized agents of the parties. 14.4 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, in its discretion, to deduct from the Agreement price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 14.5 Notice. Whenever any party desires to give notice to the other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended. The places for giving of notice shall remain as set forth below until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the City designate the following as the respective persons and places for giving of notice: City: Kenneth Koch, Building Official City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Copy to: Thomas J. Ansbro, Esq. City Attorney Brinkley, McNerney, Morgan, et al. P 0 Box 522 10 I i A Fort Lauderdale, Florida 33302-0522 I _ Contractor: Gary M. Jones Niaron Roofing, Inc. 3555 Northwest 10'Avenue Fort Lauderdale, Florida 33309 14.6 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and is authorized to bind and obligate such party with respect to all provisions contained in this Agreement. 14.7 Headings. Headings in this Agreement are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, are treated as parts of this Agreement and are incorporated in it by this reference. 14.9 Severability. If any provision of this Agreement or application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 14.10 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 14.11 Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. 14.12 Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 14.13 Conflict. In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to this Agreement and any terms of this Agreement, the terms of this Agreement shall prevail. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA, A Florida Municipal Corporation 11 ATTEST: 4MICH MARIE JABALEE, CITY CLERK-AUDITOR -CO MISSIONER APPROVED FOR FORM ND CORRECTNESS. TY MANAGER BY: THOMAS J. ANS O, CITY ATTORNEY CONTRACTOR: NIARON ROOFING- COMPANY NAME CORPORATE SEAL: By: —, (IF APPLICABLE) �0� ,�� I•�b/t-/C S PRINT NAME /p TITLE v STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorized bv law to administer oaths and take acknowledgments, personally appeared as , and respectively, of Contractor, /l a Florida and acknowledged execution of the foregoing Agreement for the use and pur oses mentioned in it and that the instrument is the act and deed of the Contractor. IN WITN SS CIF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on P, . 1998. Notary Public,State of Florida at Large My Commission Expires: EKNotorj:y7Fubk AUAIAAMCCHIA S1rAe of FlarkW0M Aug IZ�1#CC66o575 12 t EXHIBIT "A" ROOFING SPECIFICATIONS FOR CITY OF DANIA ADMINISTRATIVE CENTER 100 WEST DANIA BEACH BLVD. DANIA, FL 33004 I. Scope 1. This roofing job will take place on certain areas of the City Administration building located at 100 West Dania Beach Boulevard. Areas of work include: the two-story high main atrium area, the one-story area of the offices on the north and east sides, the area above the Commission Chambers on the south side and the area over the main entrance. These areas constitute approximately 15,000 square feet. 2. The work shall consist of the removal of all existing roofing materials, replacement with a modified bitumen roofing system consisting of one base sheet mechanically fastened to the lightweight concrete deck, 1.8" insulation mopped onto the base sheet, a vented base sheet mopped onto the insulation, one modified surfacing ply mopped in place and the raising of existing a/c equipment and placing on new stands. II. General Conditions: 1. For all labor performed by the Roofing Contractor, the Roofing Contractor shall include the furnishing of all materials, labor, tools and equipment to complete the roofing of the building specified. 2. The Roofing Contractor's submitted bid constitutes an understanding of all specifications and conditions related to this project. Contractor accepts all responsibility for the preparation of all substrates and the correct application of materials specified. 3. The specifications stipulated herein shall be considered a part of the roofing contract. Any disagreements over any portion of these specifications must be brought to the attention of the Owner or Owner's representative who will determine any changes that must be made. III. Survey 1. Contractor will provide a report of an Asbestos Survey as performed by a properly qualified survey firm, prior to beginning of the roofing project. 12 2. Contractor will file the appropriate forms with Broward County Department of Natural Resource Protection, as required. 3. Contractor will perform, or have performed, the removal and disposition of any identified asbestos-bearing materials, required to be removed under controlled circumstances, as described in the survey. 4. Contractor will submit a proposal for the cost of removal in accordance with the survey upon receipt of the survey. IV. Rebate z 1. The Contractor will provide proof that the company is an Florida Power& Light contractor who can obtain an FPL rebate for the R-value of the roof system being raised due to the installation of the insulation. The 1.8" thick insulation will raise the R-value by 11, as there currently is no insulation in either the roof decks on the ceilings. 2. The Contractor will provide calculations to show the total dollar value of the rebate the City will receive from FPL. 3. The Contractor will process all of the package necessary for the City to obtain the rebate. ' V. Alternates 1. No alternates will be accepted. VI. Workmanship 1. All materials installed and all work performed shall be in compliance with and conformance to the South Florida Building Code, 1996 Broward County Edition, Chapter 34, Sections 3401, 3042.2 and 3407. 2. Roofing Contractor shall assure that all work is performed in a workmanlike manner, and carried out so as to minimize any inconvenience to the residents. The Roofing Contractor shall maintain a full work force from the commencement of work to its completion. He shall have a qualified foreman on the job site at all times. VII. Inspection: 1. Any roofing application or surface preparation which does not conform to this specification, The South Florida Building Code, or which does not meet with the approval of the Owner's representative, shall be removed, corrected and/or repaired to meet specification. The Roofing Contractor shall be available for regular inspections throughout the work process. z 13 I Vlll. Liaison: 1. The Building Official will be the Owner's designated representative. Roofing Contractor shall transmit all information pertaining to the job to the liaison and shall not permit unauthorized interference from the residents of the Owner's property or from the Roofing Contractor's employees. IX. Safety: 1. The Roofing Contractor shall be responsible for seeing that employees read and follow all label directions and safety requirements recommended by the manufacturer of all products. 2. Contractor shall take appropriate measures to ensure protection of neighboring and surrounding properties, to include buildings, sidewalks, streets, and vehicles. Contractor shall arrange for barricades to keep vehicles from parking in front of the work areas, to keep pedestrian traffic out of these areas, and to direct pedestrian traffic away from the work areas. Barricades are to be installed at the commencement of the work and left until completion of the project. 3. Contractor shall protect all landscaping materials, walks, sidewalks, and other flat work from both old roof removal and new roof installation. X. Materials Storage I 1. Bids shall be based on roofing materials that meet requirements of specifications. Manufacturer's specifications and information to be submitted with bid proposal. 2. All roofing materials shall be delivered to the job site in the manufacturer's original, sealed packaging with manufacturers labels. 3. The Owner reserves the right, at his own expense, to take samples of any materials the Roofing Contractor plans to use and have it tested by an approved laboratory to confirm that the materials are as specified in this specification. 4. At the job site, no more material should be stored than will be used within two weeks. It should be stored on pallets, roll goods on end, in a well-ventilated area. Where dry inside storage is not possible (such as where new concrete floors or extensive plastering results in a high humidity), storage under secured canvas tarpaulins in a well ventilated area is acceptable for periods up to two weeks. For periods longer than two weeks, the materials should be properly warehoused, i.e., dry, ventilated on pallets, etc. Polyethylene covers are unacceptable field covers. Rooftop storage of roofing should be on pallets, rolls on end, and protected with properly secured vapor permeable covers such as canvas tarpaulins. No more material should be stored on the roof than can be used within five days. When prolonged inclement weather threatens, i.e., rainy seasons, no more roofing materials should be supplied to the rooftop than can be used within two days. 14 I 1 5. In the unlikely event that obviously defective or damaged material reaches the job site or damage to the material occurs from improper storage on the job site, it is the responsibility of the Roofing Contractor not to install this material. In the case of material that has obvious manufacturing defects, the material supplier should be notified immediately so replacement material can be supplied if the complaint is justified. Installation of defective material can result in additional costs above the cost of supplying replacement material. If the roofing contractor chooses to install material with obvious defects, this added cost is not the responsibility of the City. XI. Removal of Old Roofing Materials: 1. All old roof materials including surfacing, plies, flashings, stack flashings, curbs, sleepers, conduit supports, metal accessories, gravel stops an eave drips shall be removed down to the existing concrete deck. 2. Any other items necessary to be moved or removal shall be identified and addressed to the liaison for co-ordination by others to allow removal of the old roof and installation of the new roof. 3. Chutes shall be employed by the contractor to direct all removed materials from the roofs to inside of the trash enclosure or truck. 4. All removed materials are to be removed from the project site by the end of the workday during which they were removed. } 5. Condition and Preparation of Roof Deck Surface - Perimeter and penetration wood nailers and curbs should be in place as specified. The surface of roof deck should be dry, firm, smooth and free of dirt and loose material. Electrical conduits, bolts and other similar small items must be removed from the surface of the roof deck. XII. A/C Equipment 1. Roofing Contractor shall arrange to subcontract to a licensed and insured air conditioning contractor to remove all roof mounted equipment and reinstall same on equipment stands which comply with the South Florida Building Code. A permit will be required of the A/C Contractor, the fee for which will be waived. XIII. SURFACE 1. It is essential that surface be properly prepared prior to installation of new roofing materials. It is the Roofing Contractor's ultimate responsibility to assure that all surfaces to be roofed are properly prepared. 2. Any sharp ridges or depressions shall be leveled with similar material. 3. if, upon removing the initial portions of the old roofing material, the deck is found to be unacceptable to receive new roofing, Contractor is to stop work and notify the liaison. City will determine repairs to be made prior to proceeding with any further roof work. 15 1 XIV. MATERIALS 1. Surfacing material shall be modified bitumen manufactured by GAF or TAMKO. 2. Base ply to be #75 fiberglass ASTM DA061 Type II compatible with the surfacing ply. 3. Intermediate ply to be a Ply IV, ASTM D-2178 Type IV. 4. Asphalt: Heating of Asphalts -ASTM D-312 Type III Steep or Type IV High Temperature Steep Asphalts should be used to install mop applied membranes as well as base sheets and ply sheets. Every effort should be made to maintain the temperature limitations indicated below. It is essential that the foreman of the roofing crew be provided with an accurate thermometer to check temperatures at the kettle and at the point of application. Unless roofing asphalt is being continuously used, the temperature of the kettle should be reduced to below 5000 F. Recommended kettle and asphalt, application temperatures: Steep Asphalt ASTM D-312 Type III Kettle —Not over 5000 F Time of Application —EVT, but not less than 4000 F HT Steep Asphalt ASTM D-312 Type IV (High Temperature) Kettle —Not over 5000 F Time of Application —EVT, but not less than 4000 F Safety Note -Asphalt should be heated to provide the EVT at the time of application, but should not be heated above the final blowing temperature or the flash point of the asphalt. Application of Asphalt- Interply moppings of asphalt must be applied in a continuous film and consist of approximately 25 pounds per 100 square feet of roof area with a tolerance not to exceed 20% plus or minus. 5. Insulation minimum 1.8" iso cyanurate. 6. Metal flashings and accessories minimum 26 gauge galvanized with a minimum of .9 ounce per square foot. 7. Aluminum coating to meet ASTM D-2824-85. 8. Materials shall constitute a Class A fire retardant assembly. 9. Contractor shall submit specifications for materials being used. XV. INSTALLATION 1. Install cant strips against vertical service. 16 2. Anchor sheet shall be attached using square split shank metal fasteners with integral attached disc. Legs to be a minimum of 1.7 inches long & plate to be a minimum of 2.5". Install fasteners 6" on center at the laps with two rows at 6" on center mid sheets at the perimeters; and 6" on center at the laps with two rows at 12" on center mid sheets in the fields. Begin with a full width sheet of#75 fiberglass. Anchor sheet shall have minimum side laps of 2" and minimum end laps of 6", and turn up vertical surfaces 4". 3. Install one intermediate ply solidly mopped to the anchor sheet. Begin with a half- sheet (19") of Ply IV. Laps shall be the same as described in #2. 4. Masonry walls to receive flashings, shall be primed. 5. Install modified surfacing material as flashings up the vertical surfaces. Materials shall begin 6" out from the cant strip on the deck surface, carried over the cant and up the vertical surface 8". Material shall be solidly mopped in hot asphalt. Flashing to be secured to the wall with termination bar. 6. Gravel stop shall have a face dimension equal to the depth of the nailer strip plus %", and a deck flange of no less than 4". Eave drip shall be set on a bed of cold adhesive and nailed with galvanized roofing nails, 1" long, 11 gauge, with 3/8" head. Joints shall be lapped a minimum of 3" and set on a bed of cold adhesive. 7. Roof stands for mechanical equipment shall be installed according to manufacturer's instructions. Legs and plates shall receive a flashing and wrap of modified bitumen set in a full bed of hot asphalt. 8. Stack flashings shall be set on a bed of cold adhesive and flashed with modified bitumen set in a full bed of hot asphalt. 9. All metal accessories shall be primed prior to receiving any mopped-on modified. 10. Install one layer of modified surfacing material in a full bed of hot asphalt, using 4" side laps and 6"end laps, turn up vertical surfaces the same as the flashing. 11. All end laps must be staggered a minimum of 36". 12. Walk or press all seams, provide a %" to '/2" asphalt flow out from the edge. 13. Provide a caulk bead stucco stop at the top of the flashing, attached with drive 1" drive pins at 18"o.c. Apply a continuous bead of butylene caulk in the top of the stucco stop. 14. Surfacing material shall be brought up and over the top of parapet walls to within 3" of the outside edge and fastened 6" on center. Edge shall be finished with a 3" wide strip of membrane set in a 6" wide bed of cold roofing cement. 15. Apply aluminum coating on all exposed cold adhesive surfaces. 17 .. y 16. Temporary Water Cutoffs and Phased Construction: All roofing systems must be made watertight at the end of each workday. Ideally, j 1 the entire roof area will receive the installation of the complete new roof system, membrane plies and flashings, in one day. When this is not possible, the exposed edges of the new roof system must be sealed so as to prevent water penetration and wind infiltration into the new roof assembly. Any such water cutoffs must be completely removed before resuming work. The installation of the roofing system shall progress in such a manner so that proper drainage of both the existing roof area and the new roof installation is maintained. The phased application of roofing systems in NOT acceptable. This means plies of membrane to be installed in a given area must be completed and made watertight at the end of each workday. XVI. CLEANUP { 1. Tar shall not be allowed to drip on face of eave drip or exposed painted or non- painted metal. 2. Any drips shall be removed and the metal cleaned to remove all traces of tar. 3. All trash and debris shall be cleaned from roof and grounds and removed from site on a daily basis. 4. All equipment left on site shall be secured at the end of each workday. j 18 .. A EXHIBIT"B" PUBLIC CONSTRUCTION BOND BY THIS BOND, We, as Principal and a corporation, as Surety, are bound to THE CITY OF DANIA, FLORIDA, herein called Owner, in the sum of Dollars ($ ), for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 199 between Principal and Owner pertaining to the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in §255.05(1), Florida Statutes, supplying Principal with labor, materials or supplies, used directly or indirectly by Principal for the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract, including, but not limited to, all losses, damages, expenses, costs and attorney's fees, including appellate proceedings that Owner sustains as a result of Principal's delayed completion of the contract (i.e., liquidated or actual damages for delayed completion), failure to provide, or breach of any warranties or guarantees required by or given under the contract, failure to provide accurate as-built drawings, breach of the indemnification clauses in the contract, failure to maintain continuously the insurance requirement required by the contract, failure to pay all royalties or license fees or failure to provide for safety of persons and property; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any changes in or under the contract documents, compliance or noncompliance with any formalities connected with the contract or to the contract, or Principal's allegation that its performance under the contract was prevented or frustrated by the Owner or that Owner breached the contract, the changes does not affect Surety's obligation under this bond. DATED ON 199 (Name of Principal) By: (As Attorney in Fact) (Name of Surety) 0 19 ADDENDUM #1 Removal and disposal of all asbestos-bearing material from existing roof at 100 West Dania Beach Boulevard in accordance with report by Testwell Craig Laboratories and Consultants, Inc. dated 8/24/98, attached to this Addendum. Total Amount $13,865.00 4 Hug 2!4 as uj:ebp WInuuWb" yb4-5t;a-3299 p• 2 Q aQa Lic If CCC 057126 3555 Northwest 10th Avenue Fort Lauderdale, Florida 33309 AI (954) 564-9969 (Fax) 564-3299 Main Roaring inc. -Our challange,exceeding customer expectations' August 24th. 1998 Ken Koch City Of Dania 100 West Dania Beach Blvd. Dania, Florida 33004 Dear Ken, As you are aware, we hired a state certified testing lab to conduct an asbestos survey. On Tuesday, August 18th, 1998 they dispatched a crew to take various random samples of the roof to be replaced. After the samples were taken to the lab and tested, it was found that the entire roof system including the field ply sheets contained asbestos. As you are also aware, asbestos found in roof systems must be abated to meet state requirements. A copy of the report is forthcoming. The additional cost associated with the abatement of the asbestos containing material is $13,865.00. Other than this amount the City Of Dania will have no additional cost. 1 look forward to working with you on this project. Sincerely, Gary nes A t i CITY OF DANIA INTER-OFFICE MEMORANDUM TO: Mike Smith, City Manager '�F 2OM: Ken Koch, Building Official RE: City Hall Roof Re-bid DATE: August 13, 1998 On Wednesday, August 12 @ 3:30, the second bid results for this project were opened. We received seven submittals, one of which was a "No-Bid" response. Bidders were to respond with: bid proposal, proof of FPL certified contractor, FPL rebate amount, references, materials specifications, and company contact information. The results are: CONTRACTOR BID FPL FPL REFERENCES SPECS CONTACT COMMENTS REBATE CERTIFIED Niaron Roofing $44,320.00 $9,425.00 ✓ ✓ ✓ ✓ Add$500 for Southern Coast Ent. $48,427.00 $9,436.70 ✓ asbestos j survey Nast Roofing $58,880.00 $6.000.00 ✓ ✓ ✓ A Hermann&Assoc. $70.727.00 $10,075.00 ✓ Therma-Seal Roofs $73,600.00 $9,490.00 ✓ ✓ ✓ ✓ Advanced Roofin $73,992.00 $9.750.00 ✓ ✓ ✓ ✓ Roofing Concepts No Bid Unlimited My evaluation of the bid packages received show Niaron Roofing to be the lowest responsive responsible bidder. Upon completion of the work, Niaron will process the FPL rebate forms for the City, and the City will receive the $9,425.00 rebate direct from FPL. As before, if the Asbestos Survey indicates that there are asbestos-bearing materials which require special removal, the roofer will submit a bill for these additional costs, which we will pay as an extra. Please note that this low bid is actually less than the low bid of$47,550.00 from the prior bid process. nd 11 c L TESTWELL CRAIG LABORATORIES & CONSULTANTS, Inc. 3731 S.W. 471h Avenue, Suite 401, Davie, Ft. 33314 0 954) 584-4475 0 Fix: (954)584-3887 TEMNO ENGINEERS * CONCRETE 0 SOIL ASBESTOS 0 STEEL 9 ASPHALT • ROt - ERFR�ONMENTALAUDIT V NTION 1! 11 MURNMINN i.:I i. I I I"gill... i iiii it. I.mut 1 pq 1 r, I b I I I It I I i 1. HI ..........— it !I z;!: ;; ........... IESTGS SURVEY tit It ' Plitt— gn�1nuIn N...... .......... i;Trr Ih ........................... ..... ..... 11:i1lidt:0 lit i pi A i !i:�* MIM bro: ........... ........ ........ It ........... i M P� wou: -M mmpt it J SURVEY ATIM io :zptl-m I BUILD.M U!" �LL A M. IMATIO ij DANIA CI ii :IT 100 WEST DA!"IfA BEACH BLVD Ici!i i '11; -oll-InI I -H DANIA, FLORID M:it I:g ....... ... .. Iiii ......... ........... H:2: In RHI: Ing.; MINH.. I. I Ht:i... tl. It; : m: 1,1H H I HI-4 Impm: b­ imirt. TH to 1:2 PII I MNE: i. I HIM it un i":;ii itr .......... M-i NiVnIN Mill :;i;::: .-Mi- tioN. %IHM. Hi it PlAim ruf nio I, H ::jmm I L%N Hnz=; I Imi:: Imim.: IN2.1-1-I... .........: 1.11.1- in., No mam.I. I ........... it i;ttin: M. I N;II tutpip :it rn I,n It, in:4. ;ffil 1 mm :Nr Unit 'int H I.,1 :;11 Mn :Im miiq! Him. • tKudd it Igumi=mmm ail TM IMP i i! ...... I fflilil rr fi::,np I.H Unit: im M MENII IMM it Iiiiin it It N MuHi i It ;iMil: t: I., ill! TH; it it 1:1I:d ............. li! MH it it Im it u NIARON ROOFING-Imn:mn M 3555 N.W. LOTH AVENUE !R111iliTil iiiilll t i; %A 33309 N.Mm t RT LAUDERDALE, FLOR .-HIn: IMMI mmm :::,::::!I:::!IMj ............ it imom I 11 HN llilm 1 Ri ji liwil iiiHiiiiiiiii it i!. jjj Mitt j., I :!I "it; jHHI !ill 2 Iii Mill; 11 ill .ii ill; ilifil . I HM it iffli!i jjjjj!;:! iijjjjjjj1ii�j:: I- i Nii iii;iii!i! ....................... I I I t l!;l i, ifliii i iiiiiin ...........I..;; I I till i iiii I Hill ffiHil gill!l1i i1ii ill!! MH... ..........I pm: A Hignmogm I I lo: . .......... . In ;ii 1 PROJECT. i til: .!d it t. ... ........ii I Mitt I It H; Main; :i tim i N fl: ............... .::Iii HN it i In mmp: DATE: August 24, 1998 H111 ipw tTi n I C—110E it it Jtw �1 E ELL TESTWELL CRAIG LABORATORIES & CONSULTANTS, Inc. 3731 S.W. 47th Avenue, Suite 401, Davie, Ft. 33314 • (954) 584.4475 • Fax: (954) 584-3887 August 21, 1998 NIARON ROOFING 3555 N.W. 10th Avenue. Ft. Lauderdale, Florida 33309 Att. Mr. Gary Jones Re: Limited Roof (gravel surface only) Asbestos Survey at: Dania City Hall Administration Building 100 West Dania Beach Blvd Dania, Florida Dear Mr. Jones: A limited asbestos survey was conducted on the gravel surface roof areas of the above referenced building by Mr. Guillermo Maya,an EPA Certified Building Inspector,under the direction of Mr. Anthony Porcello, Project Manager, on August 18, 1998. The survey entailed sampling the roofing material and roof flashing. A total of eight (8) samples were collected from the referenced structure. The surveyed area was estimated to be approximately 16,128 square feet. The following materials were sampled and analyzed for the presence of asbestos: Roofing Material - black Roof Flashing - black The following materials were found to be asbestos containing by laboratory analysis: Roofing Material - black Roof Flashing - black Roofing Material - black (Homogeneous area #1): The roofing material was found to be asbestos containing material. The roofing material was determined to be non-friable, category I, and in good condition. We estimated the quantity to be approximately 16,128 square feet. Roof flashing -black(Homogenous area#2) The roof flashing was found on the perimeter of the roof areas surveyed, (see attached drawing). The roof flashing material was determined to be non-friable, category I and in good condition. The estimated quantity of roof flashing was approximately 466 linear feet. ` The analysis of bituminous roofing material by polarized light microscopy (PLM) in conjunction •J with dispersion staining (the method described in 40 CFR Ch. 1, Pt. 763, subpt. F, App. A,Pages 293-299, 1-1-87 edition) is accurate only on a qualitative basis and only when the laboratory reports that asbestos was detected in the sample. A laboratory analysis report which states that } may be present in the homogeneous area represented by that sample. Furthermore, a quantitative appraisal of asbestos content in a bituminous roofing sample is extremely subjective and a high interlaboratory standard deviation of analysis results on side-by-side samples is common. It is the material composition and production processes used in the manufacture of some bituminous roofing material which create problems for analysts using polarized light microscopy for asbestos II identification and quantification. Method utilized, PLM is the method accepted by the EPA and OSHA for the determination of asbestos containing materials. The results and conclusions contained in this report pertain to conditions which were observed at the time of the survey. By this report, TCLC makes no representation or assumptions as to the nature of past conditions or future occurrences. The survey was designed to assist the building owner and other construction managers and contractors in locating ACM. Under no circumstances is this survey and quantities found in the survey to be used for bid purposes. This report must not be used by the client to claim product endorsement by NVLAP or any agency of the U.S. Government. Please call if you have any further questions with regards to this matter. Very truly yours, TESTWELL CRAIG LABORATORIES & CONSULTANTS, Inc. y License #: ZA-0000074 Steven C. Bassett, P.E. Asbestos Consultant EA 0000002 FILE: F..VMS1wPSIW.EPORTWBFSrOMT110818.98 .�r1V i 1 BULK SAMPLE DATA All State Engineering BTeetln Asbestos Bulk Semple Date Sheet e g g Optical Microscopy Laboratory Consultants,Inc. : 3781 S.W.471h Ave.,Suits 401 Page 1 Davis,Florida 00714 Client: NIARON ROOFING Project: M-ATJ•2-001 i 3555 N.N. 10TH AVENUE FORT LAUDERDALE, FL •� Site: Dania City Hall Administration Building SAMPLE COMPOSITION Dania, FL X Other X Aek:estos Field Numbers 9MB18001 Date Sampled: 08/18/98 Inspector: ON .Lab Number: 41755 30.00% Cellulose 20.00% CNRTSOitLE Functional Area: •1 40.00% Non-Fibrous -•% AMOSITE Location: Flat Roof Upper Level - Center Lab Analyst: OAK -•% Mineral Wool -.X Other Suspect Material: RE-O,Exterior Roof Material 10.00% Other Description: Black Analyzed: 08/20/98 • See Comments Report Field Number: 980818002 Date Sampled: 08/18/98 Inspector, GM Lab Number: 41756 30.00% Cellulose 20.00% CHRYSOTILE Functional Area: -1 40.00% Non-Fibrous --% AMOSITE Location: Fiat Roof Lower Level • South Side Lab Analyst: ROM ^% Min Wool -•% CROCIDOLITE Mineral Suspect Material: RE-O,Exterior Roof Material - -- 10.00% Other --% Other Description: Black -Analyzedt 08/20/98 • See Comments Report Field Number: 980818003 Date Sampled: 08/18/98 - - Inspector: ON Lab Number: 41757 30.00% Cellulose 20.00% CHRYSOTILE Functional Area: •1 40.00% Non-Fibrous ••% AMOSITE Location: Flat Roof Lower Level . North Side -Lob Analyst: Rom 10.--%00% Other Mineral Wool --% COther ROCIDOLITE Suspect Materiel: RE-O,Exterior Roof Material Analyzed: 08/20/98 Description: Black • See Comments Report Field Number: 980818004 Date Sampled: 08/18/98 Inspector: ON Lab Nunber: 41758 30.00% Cellulose 20.00% CHRYSOTILE Fmnetione Aree: -i 40.00% Non-Fibrous ••% AMOSITE Location: Flat Roof Lower Level . South Side .Lab Analyst: ROM --% Hinerel Wool ••X CROCIDOLITE j Suspect Material: RE-O,Exterior Roof Material 10.00% Other --X Other Description: Black Analyzed: 08/20/98 a See Comments Report Field Number: 980818005 Date Sampled: 08/18/98 II Inspector: GM Lab Nurber: 41759 30.00% Cellulose 20.00% CHRYSOTILE functional Area: -1 - 40.00% Non-Fibrous --% AMOSITE Location: Flat Roof Lower Level . West Side Lab Analyst: RBM -•% Mineral Wool --% CROCIDOLITE Suspect Materiel: RE-O,Exterior Roof Material 10.00% Other -•% Other Description: Black Analyzed: 08/20/98; P gee Comments Report Field Number: 980818006 Date Sampled: 08/18/98 inspector: GM Lob Number: 41760 30.00% Cellulose 20.00% CHRYSOTILE Functional Area: -2 40.00% Non-Fibrous ••% AMOSITE Location: Flat Roof Lower Level - North Side Lab Analyst: ROM -.% Mineral Wool --% CROCIDOLITE Suspect Materiel: RE-O,Exterior Roof Material 10.00% Other -•% Other Description: Black Flashing Analyzed: 08/20/981 11 See Comments Report Field Number: 980818007 Date Sampled: 08118/98 Lab Number: 41761 50.00% Cellulose 10.00% CHRYSOTILE Inspector: GM - 35.00% Non-Fibrous --% AMOstTE Functional Area: •2 --% Mineral Wool --% CROCIDOLITE Location: Flat Roof Lower Level - South Side Lab Analyst: ROM 5.00% Other --% Other Suspect Material: RE-0 Exterior Roof Material 08/20/98 DeseripNon: Bled Analyzed:Fleshing * See Comments Report Field Number: 980818008 Date Sampled: 08/18/98 Lab Number: 41762 '. 30.00% Cellulose 20.00X CHRYSOTILE Inspector: GM 40.00X Non-Fibrous --% AMOSITE Functional Area: -2 Location: Flat Roof Lower Level . S.W. Side Lab Analyst: ASH •-% Mineral Wool -•% CROCIDOLITE Suspect Material: RE-O,Exterior Roof Material 10.00% Other -•% Other Analyzed: 08/20/98 Description: Bieck Fleshing • See Comments Report - Laboratory Accreditation: NVLAP 102096 • Laboratory Director / Approved Signatory All reports are the confidential property of our clients aril the information contained herein may not be oubtished or reproduced Pending our written approval tab, AN Stab Engln"Ang ti Tasting Asbestos Bulk SaWto Data Sheet Consultants,Inc. Optical Microscopy Laboratory 3701 S.W.e7th Ave.,Suite 401 Pape 1 Davie.Florida 33314 . Chant: NIARON ROOFING 3555 N.M. 10TH AVENUE Project: M-AIJ-2.001 FORT LAUDERDALE, FL - Site: Dania City Hall Adniniatration Building Dania, FL Fiald.Hunber Log Number Notes 980818001 41755 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS 980818002 41756 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS a 980818003 41757 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS 9908180% 41758 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS 980818005 41759 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS 980818006 41760 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS 980818007 41761 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS 980818008 41762 ASBESTOS CHRYSOTILE FIBERS WERE OBSERVED IN FELT LAYERS i All reports ere the confI dent Ial property of our clients and the information contained herein may not be Dubl is, ed ar reproduced pending our written approval SAMPLE LOCATION DIAGRAM 1 t 13 711 --F Roof and Flashing Material was found Asbestos containig Material NOTE: SAMPLE OfS START WITH 9808180 DRAWING NOT 70 SCALE TESTWELL CRAIG LABORATORIES & CONSULTANTS, INC. 3731 S W. 47th AV. #401 Davie, Florida 33314 (954) $84-4475 i DWG CK REV DATE,/lilillim 08/18/98 SHEET = G Maya AP 08/ Roof Asbestos Survey at Dania city Hall Administration Building in West Dania Beach Boulevard or 1 Dania, Florida CERTIFICATES w;r+ United States Department of Commerce National Institute of Standards and Technolocr Q -0t OFoo �o a � tsonec GUIDE 2s:lsso . ._ _._ Certificate O Accreditation ISO 9002:1987 0 y7�o awe �aTES�f P ALL STATE ENGINEERING & TESTLN G CONSULTANTS, INC. DAVIE,FL is recognized under the National voluntary Laboratory Accreditation Program for satisilactory compliance with criteria established in Title 15, Pan:285 Code of Federal Regulations. These criteria encompass the requirements of 15011EC Guide 15 and the relevant requirements of ISO 9002 (ANSI/ASQC Q92-1987) as suppliers of calibration or test results. Accreditation is awarded for specific services, listed on the Scope of Accreditation for. BL-LK ASBESTOS FIBER ANALYSIS December 31, 1998 Ef ecdve through or the National rnnitute of Standards and Technology N VLAP Lab Code: 1020964 WA AP-01 C 01-991 ` / _ n ` _i .b��h�' q'.. •ham i ... �. _ e .A qA�. �''• �y{��}(}� � =�1:Y �. ' 1 i 1 • 5� �• .�.y} �i•. .•ftl:. K•I`��•1Q`-�4�4 ,�� �•,,_= -'�: �>-tea MJ NAM _ 3 '.�' - � ,�,D'��a• 3�,,,, .,��..„.,�.,- .,,-tea cr .- °�' '��o'95 '-.�`.'r +'�.r ,,.yam'- s 'r"`' °"" '^-0y.".fig E. ail n _ _ �+�•µT ! "�' 'r "�•a"ad,��. y"v.'�n".'re�Yiy�ia6�•yu, �.a'- r•e..y'r. �":. ..a , l fC�'YG��r7 � yAii, 1 W1c 'Yer.• x'.x r"�t. VIE �� -31 � yap' zz :"a"_@VwL... b. DISPLAY AS RE RED BY LAW R f CKAECRE FARRELL ' GOVERNOR = S.CTARYw ; 1 w 11' Xif — • " E Sam M BUS A ' D Pt0 833 Or18 f38JU 8t Ofl L ~ ••:'f'iqe } r. ...:.,,�: k,: f.�"�,��'1f' 1262Z�1':996. 9�Of'741'.�.•* �,.EA `"=0000002'„ ; .• ,���- ' A'SBESTOS `CONSULTANT I Under and belprwortsi IS S�}L�I CpttEeI S E D FS. 1 Expire4faadate: NOV 30, 1998 - BASSETT STEVEN C 7351 PLANTATION RD PLANTATION FL 33317-1055 LAYTON CHILES RICHARD T /FARRELL yNDR t <riv "' : DISPLJ{YASREGUIREDBYLAW SECRETARY ,.s'�.s..-. Fi Q12" �r1 '"5h'•riiT:.a:sX.."�"t-.T:.•.N..rhr"`.lR'd.'cn. .ta_.t.r�2i1«r .f. .... •. . .. The Environmental Institute Steven C JBage�� Sochi Sccurlly Humbcr-200.00-U527 Has completed coursework and satisfuciordg passed an examination thut meets all criterla required fur EPAIAHERA (`1SCA '1Ytle 11) Approved Reacoedllation and NIZI-IAI's Regulations 'DW111119 Asbestos .in Buildings: Inspector & Martagernent i Planner Ref-esher moveil der 13, 199 coulocDalc Ccrllllcnlc Nuw cr Moyeittd er 13, 199 r Exwuluallon Dale Movelitber 12, 1998 Expiration 1 r c Wfillons 11.Spnln,CSI'-.Courac D tutor r� RIwl O. Cain- xan A nduletralur TO - 1300 Williams Drive, Suite E - Marietta, Georgia 30000 - (770) 427.3600 I ws � a 1 903 N.W.6TH Avenue,Fort Lauderdale,Florida 33311 (954)524-7208 34405.5365CERT/ This is to Certify that CEU SPONSOWS#04P0301 11111111111111111111111111!IIII Ililll lllll(IIII(IIII III , c� Zwe 5 9 n 2 4 5 7 6 4 3731 SW 47th Avers ue, Suite 401 , Davle,FL _. sS^~L(ti./+�/ � •)� ,.-,;'.Qv%� has successfully completed �,.�� TO 13-Mar-98 � 13-Mar-98 ���. �• a>�aoa Asbestos courses comply with Section 206 TSCA 15 USC 2646 OF N no,,,(is i f �` TM L9 complies with Sec. 206 TSCA 15 USC 2646 � � •F ° "OR M;L • ' � WUL Trainer(s):James F.Stumo/Gary Butler. TEST SCORE as 9; Training Address:903 NW 6th Ave.,FL Lauderdale,FL • S,�iY'' Examination administered upon course completion. / es F. Stump, Courst Sponsor , Il1111 I1lllll llll --� This Certificate Expires certificate Number.........-" 9 1 0 2 4 Il illl l ll!ll lllll ilk l 11 lli ii�l 111 t '�_' 13-Mar-99 3 / 1 3 / 9 9 Course`lumber SE9311 wr� _ .tr+ .�`, �i .a is♦ 'a�� .w t, i". 1� `^' � �� ��� � f ,1 H�=i� i}t j1."' �?�1'� t !"�: �FJ.nI y �,� � ' •�� ...+ •� l�..j -%Sr�-- Me+l y��:",1 : til yt�'!, � Y��3t'�,r�,."vdOY� ,�`�»: .y' h 11 h dFryU .rs' \Ma. m ?..hll .+iIUY �.I,s�.-.���.—��pIW'"�r' a _�Inti� ,+..uttc 9tii._•..tc> .� ky .... ,rC)n� ., ^• *6y+?� .t .�,.. . +, �'��'� �ly.� tlll$=.�-si,,,. ,<�� �..w ..9'j�'Ti'd "'e -n��.."- "'.!. , �•q�t G , qr �' \.�J P \ +r��l" . �. :,;>-• -�''' tee. � ��r"r yti, ? ; ate_,/��'li,-,• Il=� �,�lrr:.:::1�°1LF't. ��fii •�tU•-a � U/,.:,,, �:i - 1�1��'%,•i"1�ULE'�c '�l�l��`w-�l�h>=�1���•. ,.r� l�N�—•-�__:L��G�`.\=, ;. ,j•11 J. ...�f�' t , J.--�-�R.�..-�. omn..r r ••r ar r bb Barra Bonds, Inc. I August 31, 1998 Chris Sauerman Niaron Roofing, Inc. 3555 NW 10 Avenue Ft. Lauderdale, FL 33309 RE: City of Dania Project: Reroof Administrative Center Bond: CCO23700058 Dear Chris, Enclosed please find two original sets of the Performance and Payment bond on the above captioned matter. PLEASE NOTE THAT SINCE THESE BONDS ARE REFERRED TO AS "s255.05 FLORIDA STATUTE BONDS,"THE,LAW REQUIRES THAT THEY MUST BE RECORDED IN THE PUBLIC RECORDS OF THE COUNTY WHEREIN THE PROJECT IS LOCATED. Prior to recording one of the original sets, please verify that you have properly executed and sealed(if necessary)the bond forms. In addition,please confirm that all the information that appears on the "front page"of the bonds has been completed and is correct. IF THERE ARE ANY BLANKS, PLEASE COMPLETE THEM BEFORE RECORDING THE DOCUMENTS. FAILURE TO RECORD THIS DOCUMENT MAY RENDER THIS BOND A COMMON LAW BOND,EXCUSING CLAIMANTS FROM STATUTORY NOTICES AND THE PROTECTION AFFORDED TO YOU BY THOSE STATUTES. FAILURE TO PROVIDE US WITH A FULLY RECORDED DOCUMENT REFLECTING THE OFFICIAL RECORDS BOOK AND PAGE NUMBER WITHIN 30 DAYS MAY CAUSE ANY FURTHER BOND APPLICATIONS TO BE SUSPENDED PENDING RECEIPT OF A COPY OF THE FILED DOCUMENT. If you have any questions regarding the law, address of the Clerk of the County Court where the document is to be filed or any other questions,please call me immediately. S erely j Bob Barra Bonds, Inc. �J Robert Barra President 7505 NW 40th Place • Coral Springs, Fl- 33065 • Phone: (954) 255-9855 • Fax: (954) 255-9857 I A % 4 t I � 3 l l %fY l •� I s, "ids.