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HomeMy WebLinkAboutR-1999-152 r .....o �\ i r 'i RESOLUTION NO. 152-99 RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE BID PROPOSAL SUBMITTED BY COASTAL CONTRACTING & DEVELOPMENT, INC. AND AUTHORIZING THE PROPER CITY OFFICIALS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH COASTAL CONTRACTING & DEVELOPMENT, INC. FOR LABOR AND MATERIALS NECESSARY FOR THE ADDITION OF AN ADA RESTROOM AND CONFERENCE ROOM IN THE CITY ADMINISTRATION CENTER; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That the Dania Beach City Commission accepts the bid proposal submitted by Coastal Contracting & Development, Inc. in the amount of $19,500.00, based upon competitive bids, for the addition of an ADA restroom and conference room in the City Administration Center. Section 2. That that certain agreement between the City of Dania Beach and Coastal Contracting & Development, Inc. for labor and materials necessary to complete the addition of an ADA restroom and conference room, in substantial form as Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Such Agreement and award of the bid shall not be deemed accepted by the City unless and until the City has completed its execution of the Agreement. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. RESOLUTION NO. 152-99 tr= r, y Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 271h DA JUL999. OMMISS IO�NVE R ATTEST: ROLL CALL: / �J�l MAYOR BERTINO -YES i VICE-MAYOR MCELYEA-YES SHERYL C APMAN COMMISSIONER CALI -YES ACTING CITY CLERK COMMISSIONER MIKES-YES APPROVED AS TO FORM AND CORRECTNESS: BY: � &f TT-IANSBRO CITY ATTORNEY RESOLUTION NO. 152-99 f L h _1 Fr AGREEMENT THIS IS AN AGREEMENT ("Agreement"), dated 1999 between: THE CITY OF DANIA BEACH ("City"), a Florida municipal corporation, with a business location at 100 WEST DANIA BEACH BOULEVARD, DANIA BEACH, FLORIDA 33004, and COASTAL CONTRACTING AND DEVELOPMENT, INC. ("Contractor"), a Florida Corporation with its principal place of business located at 807 N. North Lake Drive, Hollywood, Florida 33019. In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and Contractor agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and frame of reference for this Agreement, and to generally express the objectives and intentions of the parties, the following statements, representations and explanations are the predicates for the undertakings and commitments included within the provisions which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 1.1 The Contractor, for the consideration fully set out below, shall furnish all the materials, equipment and labor to perform all work necessary to complete the Project, all in full and complete accordance with Exhibit "A" and City's Invitation to Bid, which are both attached and made parts of this Agreement. The "Project" consists of materials, equipment and labor necessary to complete the conversion of a janitor's closet into a unisex handicap accessible restroom and the construction of a conference room inside the City Administrative Center located at the City address first specified above, as such items are more particularly described on the Blueprint Drawings and in the Specifications which are a part of Contractor's executed Bid Proposal, which proposal is incorporated into and made a part of this Agreement as Exhibit "A", attached. 1.2 The City advertised its notice to bidders of the City's desire to have the Project completed, pursuant to the bid entitled: BID PROPOSAL FOR HANDICAP TOILET ROOM/CONFERENCE ROOM CITY OF DANIA BEACH ADMINISTRATIVE CENTER 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FLORIDA 33004 1.3 On July 27, 1999, the City awarded the bid to Contractor and authorized the proper City officials to enter into this Agreement with Contractor to complete the Project. 1 f x r r 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. 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 permit fees which shall be waived and except for so much of any fees as to which the City is required to remit to other governmental agencies. 2.6 City's Building Official, or his designated representative, will be the person through whom Contractor must communicate all information pertaining to the Project. 2.7 Contractor shall guarantee the entire Project against poor workmanship and faulty materials for a period of one (1) year after final payment and shall immediately correct any defects which may appear during this period upon written notification by the City's Building Official or his designated representative. Contractor waives any and all rights to claim any statute of limitations defense as to any condition that may arise under this guarantee. 2 r y 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 sixty (60) days after the Commencement Date and notify City in writing of that work (the "Completion Date"). 3.2 This Agreement may be terminated by City if Contractor fails to perform the work to City's sole and reasonable approval, after City sends written notice of any deficiency to Contractor and Contractor does not cure such deficiency within seven (7) days from the date of such notice. In such event, the Contractor shall be paid compensation for improvements made toward completion of the Project, if such improvements meet City's sole and reasonable approval, which approval will not be unreasonably withheld. In the event that the Contractor abandons the work specified in this Agreement or causes it to be terminated, Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the amount to be paid under this Agreement. All finished or unfinished materials, documents and reports prepared by Contractor shall become the property of City and shall be delivered by Contractor to City before payment, if any, is made to Contractor by City. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT 4.1 After Contractor gives City written notice of the Completion Date, City agrees to compensate Contractor, as follows, no later than twenty (20) business days after the City Building Official or his designated representative approves all of Contractor's completed Project work pursuant to the provisions of this Agreement: TOTAL AGREEMENT AMOUNT: $19,500.00 Project completion shall be evidenced by a writing to that effect, issued by the City Building Official and given to the City Clerk. The total compensation above may not be exceeded without a written amendment to this Agreement executed by the authorized agents of both of the parties. 4.2 Payment will be made to Contractor at: Gary J. McGeddy Coastal Contracting & Development, Inc. 807 N.North Lake Drive Hollywood, Florida 33019 3 r h T F 4.3 The making and acceptance of the work shall constitute a waiver of all claims by the City except for any or all claims arising from the guarantee set forth above, unsettled liens, lawsuits, deficiencies or faulty work appearing within One (1) year after final payment, or from any variations from the requirements of the Plans or Specifications for the Project. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4.4 Contractor shall, before final payment is made by City, provide City copies of releases of all liens from any and all subcontractors, materials' providers and the like, who or which supplied or furnished any labor, services or materials that were used in the Project. Contractor shall then furnish the City a "No Lien Affidavit". Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the work, have been paid in full, and after all guarantees that appear in this Agreement and as otherwise set forth in the specifications have been furnished and are found acceptable by the City. ARTICLE 5 CHANGES IN SCOPE OF WORK City or Contractor may request changes that increase, decrease or otherwise modify the Project, as described in this Agreement. These changes may affect the compensation specified above and, if so, they must be described in a written amendment, executed by the authorized agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from the work described in this Agreement or the Plans or Specifications without City's advance written consent. ARTICLE 6 PROTECTION OF CITY'S PROPERTY At all times during the performance of this Agreement, the Contractor shall protect the City's property from all damage whatsoever on account of Contractor's performance of work toward completion of the Project described by this Agreement. 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 f h r 7 1 7.2 The Contractor agrees to release the City from and against any and all liability and responsibility in connection with the Project work. If Contractor exposes City to liability for any reason arising out of the Project work, Contractor's compensation may be withheld until City can determine the extent of City's exposure and City retains the right to offset any amounts related to such matters against Contractor's compensation, if any. City will notify Contractor in writing when it determines Contractor may have exposed City to any liability and City will provide a reasonably ascertainable date by which resolution of the exposure, offset or both will be determined. ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this Agreement until Contractor has obtained all insurance required under section 8.4 of this Article ("Coverage") and such Coverage has been approved by the Risk Manager of the City. The Contractor shall not allow any subcontractor to commence work on any subcontract until the subcontractor, as provided in section 14.3, below, and all Coverage required of any subcontractor, have been approved by City. In addition, Contractor shall be responsible for any policy deductibles and self-insured retentions. 8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of the Coverage. They shall be filed with the City Risk Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that Coverage afforded under these policies will not be canceled until at least thirty (30) days prior written notice has been given to the City. Policies for Coverage shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies' financial ratings must be no less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 8.3 Coverage shall be in force until all work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contracto; 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 ds an "additional named insured" under the general liability policy including product liability. 5 f r i 8.4.2 Workers' Compensation insurance shall be maintained by Contractor during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, as otherwise addressed in this Agreement, the Contractor shall require any subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. The Contractor and its subcontractors shall maintain during the life of this policy Employers' Liability Insurance. The following limits must be maintained: $500,000.00 with not less than $100,000.00 per occurrence. 8.4.3 Comprehensive Auto Liability insurance with limits not less than $500,000.00 per occurrence for bodily injury and property damage. This coverage shall include owned, hired and non-owned vehicles. The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete the Project. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City deems necessary depending upon the possible exposure to liability. ARTICLE 9 INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the parties. Contractor agrees that it is not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wages' laws and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain sole and absolute discretion and exercise its judgment as to the manner and means of carrying out Contractor's activities and responsibilities toward completion of the Project. Administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations relating to the use of Contractor's funds provided for & :ni . 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 f F. . r 7 ARTICLE 10 PUBLIC CONSTRUCTION BOND 10.1 At the time of the execution of this Agreement, Contractor shall furnish a Public Construction Bond equal to the amount of the bid or an Irrevocable Letter of Credit acceptable to City in the amount of one hundred fifty percent (150%) of the bid from Contractor's lending institution which will be considered Bond Coverage for the City (in either case, the guarantee is referred to in this Article 10 as the "Bond"). If a Public Construction Bond is submitted, it will be in the form prescribed by Florida law (a copy of such Bond is attached to this Agreement, identified as Exhibit "B" and incorporated by this reference). Any authorized Bond shall guarantee to the City the completion and performance of the work covered in the Agreement. The Bond shall at all times be valid and in force to cover the work being performed. The Bond shall be executed by a Surety Company approved by the U.S. Treasury Department, licensed to do business in the State of Florida, and having a registered agent in Broward County (the "Surety") or, if an Irrevocable Letter of Credit is supplied, it must first be reviewed and approved in writing as acceptable to City in all respects, including the identity and location of the issuing bank, by the City's Chief Financial Officer, which approval will not be unreasonably withheld. 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 BEACH 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 '.t, 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 t t- r -1 11.2 Remedies in Default. In case of any default by Contractor, the City, through City's Building Official or his designated representative, shall notify the Contractor, in writing, Of such default and direct Contractor to Comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Bond, or the lending institution named in the Irrevocable Letter of Credit (the "Bank"), whichever is applicable. If Contractor does not cure such default within seven (7) days of the date after notice was sent by City, City may declare a default of this Agreement and will notify the Contractor and the Surety or Bank of such declaration of default in writing and terminate the Agreement. 11.2.1 Within ten (10) days of such declaration of default, the Surety on the Bond shall, at its own cost and expense, rectify or cause to be rectified the default and also contract with a replacement contractor to be approved by City. Surety's replacement Contractor will assume the work of Contractor and complete performance of the work of the Project under the Agreement within thirty (30) days of City's approval of Surety's replacement Contractor. The Surety shall receive payment equal to what would have been paid the Contractor had the Contractor continued to perform the work under the Agreement, less any compensation paid to Contractor by City and less all sums due the City for any damages suffered or any expenses incurred, or both, by reason of Contractor's default. Alternatively, if applicable, City shall notify Bank that the Irrevocable Letter of Credit is required to be honored and payment immediately made to City. 11.2.2 If such Surety or Bank fails to perform any of its obligations as described above, the City may complete the Project, or any part of it, either by day labor or re- letting a contract ("Default Contract") for the same, and procure the equipment and the facilities necessary for the completion of the Default Contract, and charge the cost of same to the Contractor, the Surety, or both, together with the costs incident to such default. 11.2.3 In the event the City completes the Default Contract at a lesser cost than would have been payable to the Contractor under this Agreement, if the same had been fulfilled by Contractor, City shall retain such difference. Should such cost to the City be greater, then the Contractor, the Surety, or both shall pay the amount of such excess to the City. ARTICLE 12 BANK_ RUPTCy 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. 8 f t, 7 r� i ARTICLE 13 DISPUTE RESOLUTION 13.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party, subject to the limits of this paragraph. Where the prevailing party is awarded compensatory damages from the non-prevailing party, the amount of attorneys' fees shall not exceed the amount of compensatory damages. If no compensatory damages are awarded, the prevailing party is entitled to reasonable attorneys' fees, which entitlement and award shall not exceed the total amount payable as Contractor's compensation under this Agreement. 13.2 Operations During Dispute. 13.2.1 In the event that a dispute, if any, arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. '13.2.2 Notwithstanding any other provisions in this Agreement, whenever any service provided by the Contractor fails to meet City's reasonable approval, the City will have the right to terminate the Agreement seven (7) days after the date when the written notice vv..Is sent by City of the deficiency, if Contractor has not cured such deficiency within that time. ARTICLE 14 MISCELLANEOUS 14.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply to this Agreement due to the joint contributions of both parties. 9 f Y -r (t 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 Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Copy to: Thomas J. Ansbro, Esq. City Attorney Brinkley, McNerney, Morgan, et al. P O Box 522 Fort Lauderdale, Florida 33302-0522 10 f t t -r Contractor: Gary J. McGeddy Coastal Contracting & Development, Inc. 807 N.North Lake Drive Hollywood, Florida 33019 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. 11 f -r z CITY: CITY OF DANIA BEACH A Florida Municipal Corporation ATTEST: SHERYL CHAP AN, ACTINCf CITY CLERK 0, AYOR-COMMISSIONER I, APPROVED FOR FORM AID CORRECTNESS: BY: (^`/(�^I MICHAE ITY MANAGER � , i THOMAS J. SB , CITY ATTORNEY CONTRACTOR: COASTAL CONTRACTING & DEVELOPMENT. INC. COMPANY NAME CORPORATE SEAL: By. (IF APPLICABLE) SIGNATURE Gary J. M eddy PRINT NAME President i TITLE STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME,an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared Gary J. McGeddy, as President,respectively,of Contractor, Coastal Contracting&Development, Inc. , a Florida Corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on Aur u_ T /e 1999. Notary Vbjlc, State o lorida at Large My Commission Expires: BBVERLYJT'HOMPSON N09'ARY KMX STATE OF FLORIDA COMMISSION NO.CC6929% MYCOMMLSSION EXP.OCr.28 I 12 L f O r 'I EXHIBIT "A" CONSTRUCTION SPECIFICATIONS r FOR CITY OF DANIA BEACH ADMINISTRATIVE CENTER HANDICAP TOILET ROOM/CONFERENCE ROOM 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 I. Scope 1. This construction project will take place in certain areas of the City Administration building located at 100 West Dania Beach Boulevard. Areas of work include: the existing janitor's closet located on the north side of the west hallway off of the west end of the atrium, and the area located between the staircase to the second floor in the northwest part of the atrium and the east wall of the Growth Management ,s Department. 2. The work shall consist of the conversion of the janitor's closet into an ADA accessible unisex restroom, including structural, plumbing and electric work and the construction of a conference room outside of the Growth Management area offices, including structural and electrical work. It. General Conditions: 1. For all labor performed by the Contractor or subcontractors, said Contractor(s) shall include the furnishing of all materials, labor, tools and equipment to complete the work as drawn and specified. 2. The Contractor's submitted bid constitutes an understanding of all specifications and conditions related to this project. Contractor accepts all responsibility for the execution of all work and the correct installation of materials specified. 3. The specifications stipulated herein shall be considered a part of the contract. Any disagreements over any portion of these specifications must be brought to the attention of the Owner or Owner's representative who will determine any changes that must be made. 13 t fr- r, r _r III. Other Trades 1. Contractor will be responsible for securing the services of separate electrical and plumbing subcontractors. 2. Contractor will be responsible for the co-ordination of work performed by the electrical and plumbing subcontractors. 3. Permit fees will be waived for electrical and plumbing subcontractors, as described in the Agreement, Article 2, Paragraph 2.5. IV. Reserved 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, 1999 Broward County Edition. 2. Contractor shall assure that all work is performed in a workmanlike manner, and carried out so as to minimize any inconvenience to the occupants. The Contractor shall maintain a full work force from the commencement of work to its completion. He shall have a qualified foreman on the job site at all times. VII. Inspection: 1. Any work or material 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 Contractor shall be available for regular inspections throughout the work process. Vill. Liaison: 1. The Building Official will be the Owner's designated representative. Contractor shall transmit all information pertaining to the job to the liaison and shall not permit unauthorized interference from the occupants of the Owner's property or from the Contractor's employees. 14 f h T r IX. Safety: 1. The Contractor shall be responsible for seeing that employees read and follow all label directions and safety requirements recommended by the manufacturer of all products. 2. Contractor shall take appropriate measures to ensure protection of neighboring and surrounding 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 work 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, or removed and replaced daily. 3. Contractor shall protect all existing floors, walls and ceilings from any damage due to construction activity. X. Reserved XI. Removal of Old Materials: 1. All removed materials are to be removed from the project site by the end of the workday during which they were removed. XII. Reserved XIII. Reserved XIV. Materials 1. Contractor shall submit specifications for materials being used to the liaison for review prior to purchase. 2. Contractor shall submit all product information (specifications, warranties, places of purchase), in binder form, with application for final payment. XV. Reserved XVI. Cleanup 1. All trash and debris shall be cleaned and removed from site on a daily basis. 2. All equipment left on site shall be secured at the end of each workday. 15 d- ..r r, T r EXHIBIT "B" PUBLIC CONSTRUCTION BOND BY THIS BOND, We, as Principal and a corporation, as Surety, are bound to THE CITY OF DANIA BEACH, 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 16 t L 1— r, t _t F CITY OF DANIA INTEROFFICE MEMORANDUM TO: Michael Smith, City Manager FROM: Ken Koch, Building Official RE: City Hall ADA Restroom/Conference Room Bids DATE July 19, 1999 1 have completed my review of the bids submitted for this project. The seven respondents, and their prices are: Venecon, Inc. $17,900.00 Ralph Osborn, Inc. $18,900.00 Coastal Contracting & Dev. $19,500.00 Nicon Contracting& Eng., Inc. $21,700.00 Coral-Tech Associates, Inc $21,800.00 Eastern Development,Inc $24,575.00 James Joyce Construction, Corp. $31,890.00 Neither Osborn nor Joyce submitted references, and Eastern did not submit their proposal ,~ on the provided form. As the Invitation to Bid specifically required the submission to consist of the completed proposals, reference sheet,and business card or letterhead, these three proposals are incomplete and considered non-responsive. As such, they will not be considered. The retraining low bidders are Venecon and Coastal. Coastal had informed me that their bid included certain Fire Department required items, which were discovered to be necessary, though not on the plans. I had Coastal send an estimate of how much less their quote would be without those items. Their bid would be reduced by $1,750.00 making their proposal $17,750.00. The City has used Coastal in tine past(life guard stations, Fire Station#1 renovation/addition)and this firm has been professional, co-operative, and provided quality work. I contacted the references provided by Venecon. I only addressed the most recent projects (1998-current). Of these projects, I was only able to discuss Venecon with two people. Both gave same evaluation: the work is good, but Venecon is slow, has scheduling difficulties,and lack competent site supervision. Based on these reviews, I recommend we award this contract to Coastal Contracting and for the bid of$19,500.00, which includes the extra Fire Department required items. emg f r r I' BID PROPOSAL FOR CONSTRUCTION OF HANDICAP TOILET ROOM/CONFERENCE ROOM AT THE CITY OF DANIA BEACH ADMINISTRATIVE BUILDING 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 COASTAL CONTRACTING & DEVELOPMENT, INProposes to convert a janitors closet Into a unisex (Company Name) ADA restroom and construct a new conference room in the building at this address in conformance to the plans and bid specification package which is hereby incorporated by reference. TOTAL PROPOSAL $ 19,500.00 ************ *******Nineteen Thousand, Five Hundred Dollars******* ;nd f m any esentative f Company Re esentative Sworn to and subscribed before me this 7th 1999 day of July by GarvJ.McGeddv who is(Personally KnowrP=xShawiag ld>°�frr�iozpj�rrda(atidtdi�notklsl�enroada. Stamp/Seal Notary P li —State o Florida OFF7QeV MARYSEAL County of Broward BEVERLY)THO.MPSON r�'ARYR=csrA7EoP nDRmA C oN NO.CC692%5 Q'Y�oN E P..ocr. 17 f r, r (17/09/1999 15:40 9549274480 COASTAL CONTRACTING PAGE 01 Coastal contracting and 06V610pme�t, Incl P.0.Bus 22-3976 Hollywood,Florida 33022-3976 954 920.7444 Fax 954-927•4460 VIA FACSUAME 922-2697 July 9, 1999 Mr. Ken Koch City of Danis 100 W.Dania Beach Blvd. Dania,FL 33004 Re: Conference Room,Handicapped Bathroom City Hall,Dania a Correction of fax sent 10:00 7/9/99, Door Ken: Based on the FiFtMsrshall's-toeversation wkh-my-Electrical Contractor,the following additional items are included in my bid: 1. Handicapped Bathroom—light strobe 2. Conference Room—hom and strobe 3 All connections and tie-ins to exiting system If the above items should be eliminated,deduct$1,750.00 from the base bid. Sincerely, COASTAL CONTRACTING&DEVELOPMENT,INC. -1 4r y President GJM/ds t 7 r a r 7 / BID PROPOSAL FOR CONSTRUCTION OF HANDICAP TOILET ROOM/CONFERENCE ROOM AT THE CITY OF DANIA BEACH ADMINISTRATIVE BUILDING 100 WEST DANIA BEACH BLVD. DANIA BEACH, FL 33004 COASTAL CONTRACTING & DEVELOPMENT, I"Proposes to convert a Janitor's closet Into a Unisex (Company Name) ADA restroom and construct a new conference room in the building at this address in conformance to the plans and bid specification package which is hereby incorporated by reference. TOTAL PROPOSAL $ 19,500.00 ************ ri *******Nineteen Thousand, Five Hundred Dollars***** Prin d f m any esentative atur f Company Re esentative Sworn to and subscribed before me this 7th day of July 1999 by GarvJ.McGeddv who is(Personally KnowrravcSbr=iq Stamp/Seal Notary P li —State o Florida County of Broward UF17CUJ ,%1or .,:YSz4L BEVERLYITHO,N;ZN t't1WP=C STATE OF AARMA Z0+1tQ'diS�ON P70.Cv64L595 O ONW.oCr. 17 f r / INVITATION TO BID CITY OF DANIA BEACH, FLORIDA NOTICE IS HEREBY GIVEN THAT THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, IS SEEKING SEALED BIDS FOR: CONSTRUCTION OF HANDICAP TOILET ROOM/CONFERENCE ROOM LOCATED AT 100 WEST DANIA BEACH BOULEVARD, DANIA, FL 33004. SPECIFICATIONS MAY BE OBTAINED FROM THE OFFICE OF ADMINISTRATIVE SERVICES AT 100 W. DANIA BEACH BLVD., DANIA BEACH, FL 33004, OR BY CALLING (954)921-8700, EXT. 200. BIDS WILL BE ACCEPTED UNTIL 3:15 P.M. ON WEDNESDAY, JULY 7, 1999, IN THE OFFICE OF THE CITY CLERK, ADMINISTRATION BUILDING, 100 W. DANIA BEACH BLVD., DANIA BEACH, FL 33004, TO BE OPENED AT 3:30 P.M. ON THE SAME DATE. FOR ADDITIONAL INFORMATION PLEASE CONTACT KEN KOCH, BUILDING OFFICIAL, AT (954) 921-8700, EXT. 258. ENVELOPES MUST BE SEALED AND PLAINLY MARKED: "BID FOR CONSTRUCTION OF HANDICAP TOILET ROOM/CONFERENCE ROOM" BID PACKAGE TO CONSIST OF COMPLETED PROPOSAL, REFERENCE SHEET, AND EITHER A BUSINESS CARD OR LETTERHEAD WITH COMPANY NAME,ADDRESS, CONTACT PERSON AND PHONE NUMBER INCLUDED. THE CITY COMMISSION OF THE CITY OF DANIA BEACH RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO WAIVE ANY AND ALL INFORMALITIES OR IRREGULARITIES, AND OR REJECT ALL OR ANY PART OF ANY BID AS IT MAY DEEM TO BE IN THE BEST INTEREST OF THE CITIZENS OF THE CITY OF DANIA BEACH. THE CITY OF DANIA BEACH ENCOURAGES PARTICIPATION BY SDBE FIRMS. 1 .f i�- s} n r '1 F THE AMERICAN INSTITUTE OF ARCHITECTS 61 AIA Document A310 Bid Bond BOND 0 1908113 KNOW ALL MEN BY THESE PRESENTS, that we COASTAL CONTRACTING AND DEVELOPMENT,INC. 807 N.NORTHIAKE DRIVE HOLLYWOOD,FL 33019 (Here imen full nvrc•ant odd=or Icgal lino ofCoutnaaar) as Principal,hereinafter called the Principal,and UNITED STATES FIDELITY&GUARANTY INSURANCE COMPANY 8201 RANCH BLVD.83 LITTLE ROCK,AR 72223 a corporation duly organized under the laws of the State of MARYLAND as Surely.hereinafter called the Surety,are held and firmly bound unto CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA,FL 33301 Ulm irc full nine AM address or legal tine ofow t) as Obligee,hereinafter called the Obligee,in the sum of Ten Percent of Amount Bid---------------------------Dollars($10%), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for y CITY HALL/CONFERENCE ROOM&2 H.C.TOILET FACILITIES (I fem inset full nine,address and dewipion oflmjea) 'OW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in .ecordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 7th day of July,1999 OAC 1 G AN EVE OP ENT,INC. (Seal) G (Title) P sident 61 UNITED STATES FIDELITY&GUARANTY INSURANCE COMPAI L2A 'fWiffess) (Sure ) s NNyy Cl1 3G dLFloriaa esibden[AAg4Tt AIADOCUMENTA310 BIDBOND AIA® FEBRUARY 1970ED THEAMERICAN INSTITUTE OF ARCHITECTS.1735 N.Y.AVE.,N.W.WASHINGTON,D.C. 20006 WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. t_ J f- ■ r, r F 190e113 ! it United States fidelity and Guaranty Company % U S F+V Power of Attorney No, 111163 ts'. That United Sates fidelity and Guaranty Company.a corporation organized and Charles Ray, Maryland and having it principal office at me City of Baltimore, xisting Under the s of the State of Kwwall men by these presen in the State of Maryland,deer hereby constitute and appointC Jody L. Young and Richard A. Young Pembroke Pines Sate of Florida its true and lawful Attmneylsl-imFact.each in their separate capacity,,more than one s Of me City of tnamedhereohe nature f above,to sign its of the a Company surety its business.anof to execute,OI guaranteeing ldthefidelity of persons. guaranteeing theundertakings performance contractor and nexecut ngnof guls in aranteeing bonds and undertakings required ur Permitted in any actions or proceedings allowed by law attested . A D 1a 9$ In Witness Whereof.the said United States Fidelity and Guaranty Company,has caused this instrument to be sealed with its corporate seal,duly by the signatures of it Assistant Vice President and Assistant Corpon[e Seaerary,this 9 th day of December United Sate mdeli and uannry Company qv ,y namva ISignedl By......... ..............._..................._...........___. t896 Assistant Vice President s t �"4n xx+� C ISignedl By - -- -- %, sistant Corporate Secretary to Sate of Maryland 1 SS 0� NO� � Baltimore City1 A\ I On this 9th day of December,A.D.V.Q.g/ before m Ph ally came Michdff� ithbogan. Aof wht Assistantapersonally Vice President of Untied States Fidelity and Guaranty Company,and Michael McKiUtiep.7tssisant Corporatee2re[ary of said Cwndan. with bath of whom I am personally acqtheuainted. who being by me severally duly sworn,mid,that th ' the�s��d ichael Keegan�gqdy� Acot McGbheq ' r`annd which xe Assiutedtthe Vice President and Ab ney,that Corporate Secretary of the said United States Fidv�114 nd Guarn ComgFif ye'lhef A poration da suuch corporate ia seat executed it yes So affixed W older oof the mBoard hof they each knew the seal of said corporation: that the seal affixed,tp�alldd r9ey� Directors of mid corporation,and that they signed their tames jtl{et by like order in Vice President and Assisant Corporate Secretary. respectively. of the Company. ♦♦" 1� L@F 2002. My Commission expires the 13th d?m Df Ju y , (Signed) Y .B.: . ,..\ tk'. ,+C .. . .Vl�.".'._..^`<.T�Y.... � � Notary Public 4 yae This Power of Attorney is granted under and W audibility of the following Nesclutions adopted try the Board of Directors of the United Sates Fidelity and Guaranty Company,September 24, 1992: Resolved,that in connection with the fidelity and surety insurance business of Ne ed as all finds.undertakings.contacts and Other iAno menu sued I to said business may be signed, executed, and acknowledged by persons or entries appoi by may and nted as Att all be executeact pursuant m a Power Of if Of th Cooed n either bycthe Chairman.nor the President•aPowers) avn Executiverney for arid on Vice President. behalf a Senior Vim Pparresidentor a ValmbPresident, or an Assistant Vire presldal o!I Net Company Secretary or an Assisam Corporate Secretary. under their respective designations. The signature of such offices may be engraved, printed or lithographed. The signature ignal re f each of the FateNr purposesnonly of executing andearresting bonds Company may be undertakings affixed sanlde ther writings to any rObligato of ryen the nature thereofy or to any .aid f relating thereto to rany cob or emit inch power are therein, erei ,a and ccertd ed W suchretars. ilenificale siignaturepand ressimleoung such l elal shall beevalid and mbindingseal supon hall ethelcompany id and ndeN espet lO ing upon due Company hond Or exec undertaking be which it is validly attached. _ Resolved.That At[omeylsl,in-Fact shall have the power and authodN. case.and.in arty Suhled to the teems and limitations of the Power of Attorney issued any Company to to them,thenature o execu dolte and iand adeliver ny such instrument executed tryysuch Anorneylsl and to attach nn Fact shalle Seal of ebe as binding upon compannds y as ff Signemd by and8 Executive off cer other writings oandat�ry'�e and arrested to by the Secretary of the Company. h Michael McKibben,an Assistant Corporate Secretary of the United States Fidelity and Guaranty Company, do hereby certify Wit the foregoing are true excerpts from the undersigned oAsthe s and Corporate Coorrpora ea SedDted by itsary of the United States Fidelity mid Guaranty September Companythat dothese hereby Resolutions cert certify that the foregoing effect Power of Attorney is in full force and effect and has not been revoked. In Teg imam Whereof,I havy hereunto se[my hand z7M the mat of the Untied Stories Fidelity and Guaranty Company. on this day of Ju y<xstt'+uu 99 C cam' .....etas. .................... ........... ,y rmavxn Assistam Corporate Secretary m 199fi p �1i1,11 xA�" FS 3110/981 L , f r r r -J C f ' a FLORIDA a August 13, 1999 Gary Mc Geddy Coastal Contracting & Development, Inc. P.O. Box 22-3976 Hollywood, Florida 33022 RE: Bid Bond-ADA Restroom and Conference Room City of Dania Beach Administration Center Dear Mr. Mc Geddy: project.Enclosed is the original Bid Bond that you provided the City on the above-referenced NN As per instruction from Ken Koch, Building Official, we are returning the bond since you have provided the City with a Letter of Credit from NationsBank and a letter from your bonding company, Young Agency, Inc. securing the work to be completed on the project. As usual, thank you for your continued cooperation. Sincerely, a lene o n on Deputy City erk /cj Enclosure "Broward's First City" WO West Dania Reach Boulevard Urania Reach, 11(inda 33004 Phone: (954) 921-8700 svweci.dania-hctclt lLus A_ r, r r THE AMERICAN INSTITUTE OF ARCHITECTS A1A Document A310 Bid Bond BOND N 1908113 KNOW ALL MEN BY THESE PRESENTS, that we COASTAL CONTRACTING AND DEVELOPMENT,INC. 807 N.NORTHIAKE DRIVE HOLLYWOOD,FL 33019 (Ilene in full nmoc and add=or leO title ofCuntraaor) as Principal,hereinafter called the Principal,and UNITED STATES FIDELITY&GUARANTY INSURANCE COMPANY 8201 RANCH BLVD.N3 LITTLE ROCK,AR 72223 a corporation duly organized under the laws of the State of MARYLAND as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF DANIA BEACH 100 WEST DANIA BEACH BLVD. DANIA,FL33301 (Here.n full tome AM add..mlefyl title ofOwrer) as Obligee,hereinafter called the Obligee,in the sum of Ten Percent of Amount Bid-------------------------—Dollars($ 10%), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for CITY HALL/CONFERENCE ROOM&2 H.C.TOILET FACILITIES (Ile.insea full tame,addmas and desmptian ofpmlea) IOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 7th day of July,1999 COAS A C C 1 G AN EVE OP ENT,INC. (Witness) Prin (Seal) (; y d (Title) P sident UNITED STATES FIDELITY&GUARANTY INSURANCE COMPA' 'ffiness) (Sure ) _ e N yY CT(7 I JO dLFlotriaa eS E nt AAgE t°) AIA DOCUMENT A310 BID BOND AIAW FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.WASHINGTON,D.C. 20006 1 WARNING: Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. f t