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HomeMy WebLinkAboutR-1999-132g r -r F ' -e L . t _/ L �_� a r, f '1 RESOLUTION NO. 132-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FRANK C. VOLINSKY, INC., FOR THE PROVISION OF CONSTRUCTION SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, subsection 0), authorizes the city manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the city commission and if such purchases are, as prescribed in pertinent part in the Charter, needed due to unusual conditions or emergencies; and WHEREAS, the city manager has determined that construction services needed by the City can be obtained at the least cost by entering into an agreement with Frank C. Volinsky, Inc., 11438 Orange Blossom Lane, Boca Raton, Florida 33428, for construction of a building pad for a City building referred to as the 'Tiger Tail Lake Classroom"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the city commission finds that due to the presence of unusual conditions, it is necessary to authorize the city manager to purchase construction services from the general fund budget pursuant to an agreement with Frank C. Volinsky, Inc., a copy of which is attached to and made a part of this Resolution; therefore, such agreement is approved and the appropriate City officials are directed to execute same. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. 1 RESOLUTION NO. 132-99 a- _o _f ■ r, T R Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3 That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 13"day of JULY, 1999. MAYOR-COMMISSIONER ATT SHERYL CI APMAN ACTING CITY CLERK APPROVED AS TO FORM ND CORRECTNESS: BY: HO AS J. S 0 CITY ATTORNEY G]WPFILESICLIENTSIDANIAI2-FORMSIRES 99 -MSW-ENTER AGMT-NO BIDS-NEW FORM.doc G,/ 2 RESOLUTION NO. 132-99 L e _f s. r r 7 6 ' AGREEMENT (To be executed in triplicate, two copies to be riled in the Office of the City of Dania Beach, Florida, and one copy to be given to the Contractor). THIS IS AN AGREEMENT ("Agreement"), dated August 9 1999, between the CITY OF DANIA BEACH , a municipal corporation of Florida ("City"or"Owner"), 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, and FRANK C. VOLINSKY, INC., a Florida corporation ("Contractor"), 11438 Orange Blossom Lane, Boca Raton, Florida 33428. The"Project"consists of the labor, materials and equipment necessary to complete' the "classroom pad" to be located at Tiger Tail Lake, Dania Beach, Florida, as labor, materials and equipment are more particularly described in Exhibit "A", attached to and made a part of this Agreement. In consideration of the mutual terms and conditions, promises, covenants and payments set forth below, the sufficiency of which is acknowledged, City and Contractor agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and form of reference for this Agreement, and to generally express the objectives and intentions of the respective parties, the following statements, representations, and explanations shall be accepted as 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 set forth in this Agreement, shall furnish all the material, equipment and labor to perform all the work necessary to complete the Project, all in full and complete accordance with Exhibit "A" and Resolution No. 132 -99 adopted July 13, 1999, each of which are attached as Exhibits "A"and "B", respectively, and made a part of this Agreement; 1.2 The City adopted Resolution No. 132 -99 on July 13, 1999 (copy attached as Exhibit "B"), which authorized the City Manager to enter into this Agreement with Contractor without competitive bidding and without advertisement for bids. f a r, r '1 r : ARTICLE 2 SERVICES AND RESPONSIBILITIES 2.1 Contractor agrees to perform the work necessary to complete the Project on City's property, in accordance with the specifications described below. Contractor agrees to do everything required by this Agreement, and by any and all other documents incorporated into this Agreement. 2.2 Contractor shall furnish all services, labor, equipment and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for in this Agreement, and all work performed under this Agreement shall be done in a professional manner. 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 manpower to 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 the applicable federal, state, and local agencies to provide the services under this Agreement. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the City immediately. 2.5 Contractor agrees to conduct all work and services under this Agreement in accordance with all the applicable federal, state, and local laws or regulations. A violation of any federal, state, or local law or regulation may be cause for breach, allowing the City to terminate this Agreement. 2.6 Contractor shall guarantee the complete Project against poor workmanship and faulty materials for a period of one (1) year after final payment and shall immediately correct any defects which may appear during this period upon notification by the City or the City's Liaison, as identified in this Agreement. ARTICLE 3 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. -2- _f iL 7 ARTICLE 4 TERMS AND CONDITIONS 4.1 Contractor shall begin to perform the work of the Project as specified in Exhibit "A". 4.2 This Agreement may be terminated by either party for cause, upon ten (10) days written notice from one party to the other, in which event the Contractor shall be paid compensation for any improvements toward completion of the Project before the Termination Date. In the event that the Contractor abandons 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 full contracted fee amount. All finished or unfinished materials, documents, data, studies, surveys 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 5 COMPENSATION AND METHOD OF PAYMENT 5.1 City agrees to compensate Contractor for all the improvements completed by Contractor pursuant to the provisions of Exhibit"A", which is incorporated into and made a part of this Agreement: TOTAL AMOUNT: 129,364.00 The total compensation amount may not be exceeded without a written amendment to this Agreement. 5.2 Payment will be made to Contractor at: Frank C. Volinsky, Inc. 11438 Orange Blossom Lane Boca Raton, Florida 33428 5.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the City other than those arising from unsettled liens and lawsuits appe-,rh;g or arising within seven (7) years after final payment, or from other requirements of the specifications for Project. The making and acceptance of final payment shall constitute a waiver of all claims by the Contractor. -3- L _,t yr L r F i ARTICLE 6 CHANGES IN SCOPE OF WORK 6.1 City or Contractor may request changes that would increase, decrease, or otherwise modify the Project, as described in this Agreement. These changes will affect the compensation accordingly. Such changes must be contained in a written amendment, executed by the parties, with the same formality as this Agreement, prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. 6.2 In no event will the Contractor be compensated for any work which has not been described in a separate written amendment or agreement executed by the parties. ARTICLE 7 INDEMNIFICATION 7.1 The Contractor agrees to indemnify and hold harmless the City, including 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 or decrees, sustained by the City and any third party arising out of, or by reason of, or resulting from the Contractor's negligent acts, errors or omissions. 7.2 The Contractor agrees to release the City from and against any and all liability and responsibility in connection with the above mentioned matters. The Contractor further agrees not to sue or seek any money or damages from City in connection with the above mentioned matters. ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this Agreement until Contractor has obtained all insurance required under section 8.5 of this Article, and such insurance has been approved by the Risk Manager of the City ("Coverage"), nor shall the Contractor allow any subcontractor to commence work on any sub-contract until all similar such Coverage required of any subcontractor has been obtained and approved. 8.2 Certificates of insurance, reflecting evidence of the Coverage, shall be filed with the City Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that Coverages afforded under these policies will not be canceled until at least ten (10) days prior written notice has been given to the City. Policies for Coverage shall be issued by companies authorized to do business under the -4- t- �c .r L �. 7 laws of the State of Florida and the financial ratings of which 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 City shall be an "additional named insured" under the general liability policy including product liability. Contractor will provide complete copies of any insurance policy for required coverage within seven (7) days of the date of request by City's Purchasing Division. In addition, Contractor shall be responsible for any policy deductibles and self- insured retentions. 8.4 Coverage shall be in force until all Project work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City or City's Liaison. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at least ten (10)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 contract 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. 8.5 REQUIRED INSURANCE. 8.5.1 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. 8.5.2 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, the Contractor shall require any subcontractors similarly to provide Workers' Compensation Insurance for all 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. 8.5.3 Comprehensive Auto Liability insurance with limits not less than $500,000.00 per occurrence for bodily injury and property damage. Coverage shall include owned, hired and non owned vehicles. The Contractor shall hold the City, including its officers, agents and employees, harmless on account of claims for damages to persons, property or premises -5- 1- .a f T-- -r arising out of the operations to complete the Project. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor under this Agreement 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 State Workers' Compensation Act, and the State unemployment insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities under this Agreement. Provided, further that 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. The Contractor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both. ARTICLE 10 DEFAULT OF CONTRACT & REMEDIES 10.1 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 specified, 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 shall represent the damages which the City will have sustained per day by failure of the Contractor to complete the Project within the time stipulated, and this sum is not a penalty, being the liquidated damages the City will have sustained in the event of such default by the Contractor. -s- f s F f Y 10.2 Remedies in Default. In case of default by Contractor, then the City, or City's Liaison, shall notify the Contractor, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct it to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, or neglect is not cured within seven (7) days of the date when notice was sent by City, City may declare a default of this Agreement and notify the Contractor of such declaration of default and terminate the Agreement. 10.2.1 Upon such declaration of default, all payments remaining due the Contractor at the time of default, less all sums due the City for damages suffered, or expenses incurred by reason of default, shall be determined. 10.2.2 In the event the City completes the Project at a lesser cost than would have been payable to the Contractor under this Agreement, if the same had been fulfilled by the Contractor, City shall retain such difference. Should such cost to the City be greater, the Contractor shall pay the amount of such excess to the City. ARTICLE 11 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. ARTICLE 12 DISPUTE RESOLUTION 12.1 Arbitration. In addition to any other remedy provided under this Agreement, the City, at its sole option, may use arbitration to resolve any controversy or claim arising out of or relating to this Contract if arbitration is elected by the City. Any controversy or claim arising out of or relating to this Contract, or its breach, may be settled by arbitration in accordance with the rules of the American Arbitration Association and final judgment upon the award rendered by the arbitrators may be entered into by any court having jurisdiction. In the event arbitration is elected by the City, such controversy or claim shall be submitted to one arbitrator selected from the National Panel of The American Arbitration Association. 12.2 Operations During Dispute. 12.2.1 In the event that a dispute, if any, arises between the City and the Contractor relating to this Agreement, performance or compensation under it, the Contractor shall continue to render service in full compliance with all terms and conditions of this Agreement as interpreted by the City regardless of such dispute. -7- L t .t .r R r, r 12.2.2 The Contractor expressly recognizes the paramount right and duty of the City to provide adequate maintenance of the City's Property, and further agrees, in consideration for the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court, but will negotiate with the City for an adjustment on the matter or matters in dispute and, upon failure of the negotiations to resolve the dispute, may present the matter to a court of competent jurisdiction, to which jurisdiction Contractor will submit, in an appropriate suit instituted by it or by the City. 12.2.3 Notwithstanding the other provisions in this Section, the City reserves the right to terminate the Agreement at any time, whenever the service provided by the Contractor fails to meet reasonable standards of the trade within fourteen (14) days of the receipt by the Contractor of written notice from the City of the deficiencies of the services provided by Contractor. ARTICLE 13 MISCELLANEOUS 13.1 Ownership of Documents. Reports, surveys, studies and other data provided in connection with this Agreement are and shall remain the property of City, whether or not the Project for which they are made is completed. 13.2 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply. 13.3 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 expects to be reimbursed. 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. 13.4 Assignments and Amendments. This Agreement, and any interests in it, shall not be assigned, transferred 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 Contractor shall constitute an assignment which requires City approval. -8- l �r .f L -' r F ' , It is further agreed that no modification, amendment, or alteration in the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity as this Agreement. 13.5 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 at its discretion, to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 13.6 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, at the places last specified, and the places for giving of notice shall remain such 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 places for giving of notice: City: Michael Smith City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 City Liaison: Kenneth Koch Building Official City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Copy to: Thomas J. Ansbro, Esq. City Attorney Brinkley, McNerney, Morgan, et al. P 0 Box 522 Fort Lauderdale, Florida 33302-0522 Contractor: Frank C. Volinsky, Inc. 11438 Orange Blossom Lane Boca Raton, Florida 33428 -9- f L Tr- r r, / 13.7 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 to bind and obligate such party with respect to all provisions contained in this Agreement. 13.8 Headings. Headings are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 13.9 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits if not physically attached should be treated as part of this Agreement and are incorporated by reference. 13.10 Severabilitv. 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. 13.11 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 13.12 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. 13.13 Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to execute 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. 13.14 Disputes. Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit Court in and for Broward County. 13.15 Attorneys' Fees. In the event of any litigation which arises out of, pertains to or relates to this Agreement, the breach of it, or the standard of performance required by it, the prevailing party shall be entitled to recover reasonable attorneys' fees from the nonprevailing party, subject to the limits of this paragraph. Where the prevailing party is awarded compensatory damages from the nonprevailing party, the amount of attorneys' fees shall not exceed the amount of compensatory damages (it being the intent that no attorneys' fees shall be recoverable by a prevailing party in the absence of an award of compensatory damages, other than nominal damages). If no such compensatory damages are awarded, the prevailing party is entitled to reasonable attorneys' fees for the defense -10- J- �- f L h r -r 6 ' against the nonprevailing party's claim, which shall not exceed the amount of this Agreement, as adjusted by amendments as are binding upon the parties. 13.16 Protection of City 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 the work being carried on under this Agreement. 13.17 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 DANI H, a Florida mun i ration By: MICH W. IT CITY A A ATTEST: 24-v'e'rw SHERYL APMAN J NO ACTING CITY CLERK AYOR-COMMISSIONER APPROVED FOR FORM AND CORRECTNESS: BY: THQ AS J. ANSBRO CITY ATTORNEY CONTRACTOR: FRANK C. VOLINSKY, INC., a Florida corporation By: %0. FRANK C. VOLINSKY, PRESIDENT -11- r r, t b STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared FRANK C. VOLINSKY, President of FRANK C. VOLINSKY, INC., a Florida corporation, and acknowledged execution of the foregoing Agreement as the proper official of the corporation, for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. IN WITNESS OF THE FOREGQING, I have set my hand and official seal at in the State and County aforesaid on . 1999. NOTARIAL SEAUSTAMP: Notary Public, State of Florida U--== SA M.PALOMARESMMISSION#CC 783216RES:December2,2882TNU Nowy Pudic UnOormm G IWPFILES�CLIENTSIDANIAISPORTSMANS'PARKAGMT.MSW-TIGERTAIL LK.VOLINSKY.dm 07120/99...5 -12- L .c f r 'f r EXHIBIT"A" TO AGREEMENT BETWEEN CITY OF DANIA BEACH, FLORIDA AND FRANK C. VOLINSKY, INC. 1. Description of Job Site: South shore area of Tigertail Lake, Dania Beach, Florida 2. Work to be Performed by Contractor: (a) The parties agree to refer to plans and specifications titled "Tiger Tail Lake —Classroom", by Oscar Vagi and Associates, sheet 2, dated 11/23/83. These plans are for reference to concrete column locations only. (b) Form and pour 121 lineal feet of 24"x 12" steel reinforced concrete footer. (c) Form and pour 23 each 48" x 48"x 24" steel reinforced concrete pads in line with footer at column locations. (d) Form and pour 23 each (+ or-) 4' x 12" diameter steel reinforced concrete columns. (e) Lower structure onto concrete columns. (f) Attach columns to timber joists with W x 8" x 12" galvanized brackets. (g) Work shall begin within one (1) week of being given written Notice to Proceed. Thereafter, Contractor shall be given three (3)weeks to have the foundation pad completed and ready for placement of the subject building upon it. 3. Special Clauses: (a) The structure shall be installed at its present location. (b) Finished grade of structure shall be within 12 inches lower than the grade at which it currently exists. (c) A hard access road shall be provided by and paid for by City from Angler's Avenue to the subject structure. -13- .f i i-- 7 F ' (d) It is assumed by both parties that soil conditions are such that the above mentioned construction will adequately bear the weight of the structure. The City agrees that Contractor shall not be held liable if future settling occurs. (e) Work does not include reassembly or construction of any ramps, walkways or stairways. (f) Work does not include any electric or plumbing. (g) All plans and engineering are to be provided by City. Such plans are to be prepared by the City's engineering consultant, Calvin, Giordano &Associates, Inc., are to be attached to this Agreement when approved by the City Liaison and shall be followed by the Contractor. (h) A building permit is required for the Project, however, there shall be no permit fees charged, with the exception of applicable outside building permit surcharges. 4. Total Contract Price: Twenty-Nine Thousand Three Hundred Sixty-Four Dollars ($29,364.00). 5. Method of Payment: Payment upon final completion, as evidenced by issuance by City of a written Certificate of Completion by the City Liaison: $29,364.00. -14- f r EXHIBIT"B" TO AGREEMENT BETWEEN CITY OF DANIA BEACH, FLORIDA AND FRANK C. VOLINSKY, INC. SEE ATTACHED RESOLUTION NO. 132-99 -16- .r