HomeMy WebLinkAboutR-1999-149 r,
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RESOLUTION NO. 149-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING CHANGE ORDER NO. 1 IN THE
AMOUNT OF $14,080.00 AS SUBMITTED BY M.E.F.
CONSTRUCTION; PROVIDING FOR AN INCREASE IN
THE CONTRACT PRICE FROM $70,920.00 TO $85,000.00
FOR THE 23RD YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM FOR THE
SOUTHWEST SIDEWALK AND LANDSCAPE
IMPROVEMENTS, PHASE III, PROJECT; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
WHEREAS, the Dania Beach City Commission, on April 13, 1999, adopted
Resolution No. 61-99 approving a Contract with M.E.F. Construction in the amount of
$70,920.00 for the 23rd year CDBG program for the Southwest Sidewalk and Landscape
Improvements, Phase III, Project; and
WHEREAS, M.E.F. Construction, Inc. has submitted a Change Order in the
amount of$14,080.00 increasing the contract price of$70,920.00 to $85,000.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Change Order No. 1 submitted by M.E.F. Construction in the
amount of $14,080.00 increasing the contract price from $70,920.00 to $85,000.00, in
substantial form as Exhibit "A", is approved and the appropriate city officials are directed
to execute it.
1 RESOLUTION NO. 149-99
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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resolution are repealed to the extent of such conflict.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 27th DAY L 99/9.
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R-COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO-YES
VICE-MAYOR MCELYEA-YES
';HFRYI CHAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER MIKES-YES
APPROVED AS TO ORM AND CORRECTNESS:
BY:
T q 'ASJJ. ANSBRO
CITY ATTORNEY
G.�dxslresprep99Bkhangeordercdbg23rdME FConstmction.doc
2 RESOLUTION NO. 149-99
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CHANGE ORDER No. 1
SOUTHWEST SIDEWALK IMPROVEMENTS PHASE III
A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
23Ro YEAR FUNDING PROJECT
Owner: City of Dania Beach Date: July 6, 1999
Address: 100 West Dania Beach Boulevard
Dania Beach, Florida 33040
Project Address: SW 10'h Street to SW 2nd Place between Ely Boulevard and Phippen Waiters
Road
GENERAL SCOPE OF WORK DESCRIPTION:
Pursuant to the Construction Agreement between the Contractor and the Owner dated April 13, 1999, the
Contractor agrees to perform the following changes:
Modify contract quantities as shown on the attached revised pages 300-1 to 300-3 and Drawing
Sheets C-5 to C-10 of the Contract Documents.
TOTAL PRICE FOR ALL WORK ABOVE: $14,080.00
`Above changes to result in (increase)(decrease) of time to complete the project of 0 days. [To be
(added)(subtracted)to completion date in Construction Agreement)
ACCOUNTING SUMMARY:
Original Contract Amount: $ 70.920.00
Net change due to all prior change orders: $ 0.00
Adjusted Gross Contract amount prior to this Change Order: $ 70,920.00
Amount of this Change Order: $ 14,080.00
Adjusted Gross Contract Amount including this Change Order: $85,000.00
GENERAL CONDITIONS:
1) PAYMENT
Payment for this Change Order is due upon completion of the work described above, and submittal of invoice
by the Contractor.
2) INCORPORATION
This Change Order, by agreement of Owner and Contractor, is incorporated by reference into the Construction
Agreement between Owner and Contractor. All terms and conditions in the General Conditions section of the
Construction Agreement between Owner and Contractor apply to this Change Order.
I have read and understood the Change Order above, nd_IA of its terms.
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Dated: Q ` c/
City of Dania Beach
Owner
Dated: 7 td Contractor
MEF Construction, Inc.
CAData chuckTORMSkhangeot,doc
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PROPOSAL
SOUTHWEST SIDEWALK IMPROVEMENTS
PHASE III
A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
23RD YEAR FUNDING PROJECT
The undersigned Bidder hereby proposes to furnish all labor, materials, equipment, tools
and service necessary to perform all work under the bidding schedule and specifications
for:
Bid Item Estimated Unit Total Based on
Number Description No of Units Price Estimated Quantities
1 Performance and
Payment Bond
Price per Lump Sum:
One Thousand
Eight Hundred Dollars
No Cents 1 L.S. $1,800.00 $1,800.00
2 Mobilization
Price per Lump Sum:
Six Hundred Dollars
No Cents 1 L.S. $600.00 $600.00
3 Maintenance of Traffic
Price per Lump Sum:
Six Hundred Dollars
No Cents 1 L.S. $600.00 $600.00
4 Concrete Sidewalk
(4"thick)(New)
Price per Sq. Yd.:
Eighteen Dollars
Ninety Cents 2,900 S.Y. $18.90 $54,810.00
5 Concrete Sidewalk
(6"thick)(New)
00300.1
Change Order No. 1
7-6-99
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PROPOSAL (Cont'd)
Price per Sq. Yd.:
Twenty-One Dollars
No Cents 185 S.Y. $21.00 $3885.00
6 Concrete Sidewalk
(4" thick)(Replacement)
Price per Sq. Yd.:
Eighteen Dollars
No Cents 570 S.Y. $18.00 $10,260.00
7 Concrete Sidewalk
(6" thick)(Replacement)
Price per Sq. Yd.:
Twenty-one Dollars
No Cents 50 S.Y. $21.00 $1050.00 NS
8 Asphaltic Concrete
(Type S-III)
Price per Ton:
Fifty-Five Dollars
No Cents 40 Ton $55.00 $2,200.00
g Sodding
Price per Sq. Yd.:
Two Dollars
Fifty 2,502 S.Y. $2.50 $6,255.00
10 Replace Chain
Link Fence (4' high)
Price per Linear Foot.:
00300-2
Change Order No. 1
7-6-99
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PROPOSAL (Cont'd)
Seven Dollars
No Cents 220 L.F. $7.00 $1540.00
11 Testing and
Laboratory Services
Allowance Account:
Two Thousand Dollars
No Cents 1 Allowance $2,000.00 $2,000.00
TOTAL PRICE $85,000.00
00300-3
Change Order No. 1
7-6-99
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AGENDA REQUEST FORM •
CITY OF DANIA
Date: 07-21-99
Agenda Item#:
Title:
CHANGE ORDER#1 TO M.E.F. CONSTRUCTION CONTRACT
Requested Action:
APPROVAL OF RESOLUTION FOR CHANGE ORDER#1 TO M.E.F. CONSTRUCTION
Summary Explanation& Background:
The CDBG 23rd Year SW Improvements project had$85,000 budgeted for construction. M.E.F.
Construction, the lowest respoinsive bidder, submitted a bid of$70,920. City staff and our
consulting engineer, CHuck Deeb, P.E. of H.J. Ross and Associates, Inc. resurveyed the area
had found more work that could be done with regard to sidewalk and swale improvements that
could still be done within the grant amount. This change order includes those additions and the
new price is still within the grant amount of$85.000.
Exhibits(List):
Change Order#1 drafted by H.J. Ross and Associates, Inc.
Original Contract with M.E.F. Construction, Inc.
Memorandum to City Manager
Purchasing Approval:
Prepared By:
KEVIN DICK, ASST. TO THE C/M
Source of Additional Information: (Name&Phone)
Charles Deeb, P.E. 771-4800 x229
Miguel Ocana (305)461-0603
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued
❑ Other ❑
Comment:
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MEMORANDUM
DATE: 21 JULY 1999
TO: MICHAEL W. SMITH, CITY MANAGER
FROM: KEVIN DICK, ASSISTANT TO THE CITY MANAGER
RE: CHANGE ORDER #1 TO M.E.F. CONSTRUCTION CONTRACT
MIKE, STAFF RECOMMENDS THAT THE CITY APPROVE CHANGE ORDER
#1 IN THE AMOUNT OF $14,080 THAT WOULD BE ADDED TO THE
ORIGINAL $70,920 AMOUNT IN THE M.E.F. CONSTRUCTION CONTRACT.
THE CHANGE ORDER WOULD BRING THE CONTRACT AMOUNT TO
$85,000, WHICH IS STILL WITHIN THE CDBG GRANT AMOUNT FOR THIS
PROJECT.
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RESOLUTION NO. 61-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT, SUBJECT TO THE APPROVAL BY
THE BROWARD COUNTY COMMUNITY DEVELOPMENT DIVISION,
BETWEEN THE CITY OF DANIA BEACH AND M.E.F. CONSTRUCTION,
INC. FOR SOUTHWEST SIDEWALK AND LANDSCAPE
IMPROVEMENTS, PHASE III UNDER THE COMMUNITY BLOCK
GRANT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA;
Section 1. That certain agreement, subject to the approval by the Broward County
Community Development Division, between the City of Dania Beach and M.E.F Construction,
Inc. for Southwest Sidewalk and Landscape Improvements, Phase III Project under the
Community Block Grant Program, in substantial form as Exhibit "A", attached, is approved and
the appropriate city officials are authorized to execute it.
Section 2. That the City Manager is authorized to contract for an amount not to exceed
seventy thousand nine hundred twenty dollars ($70,920.00) for said sidewalk and landscaping
improvements unless previously approved by the City Commission. Such contract shall be
reviewed and approved as to form by the City Attorney.
Section 3. That all resolutions or parts of resolutions in conflict herewith be repealed and
the same are hereby 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.
PASSED AND ADOPTED THIS 13TH D OF April, 9.
—COMMISSIONER
ATTEST: /� /7� ROLL CALL:
G, 7� MAYOR BERTINO-YES
SHERYL CHAP AN VICE-MAYOR McELYEA -YES
ACTING CITY CLERK COMMISSIONER ETLING-YES
COMMISSIONER CALI -YES
COMMISSIONER MIKES -YES
APPROVED AS TO FORM AND CORRECTNESS:
By: I I
THOMAS J. A SBRO
CITY ATTORNEY
RESOLUTION NO. 61-99
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AGREEMENT
(To be executed in triplicate, one copy in the Office of the
City Manager, one copy to be filed in the Office of the City
Engineer of the City Dania Beach, and one copy to be given to the
Contractor) .
THIS IS AN AGREEMENT, dated the 13th day of April 1999
between:
CITY OF DANIA BEACH, a municipal corporation of Florida,
called the "City", 100 WEST DANIA BEACH BOULEVARD,
DANIA BEACH, FLORIDA 33004,
and
M.E.F. CONSTRUCTION, INC. a Florida corporation,
hereinafter referred to as "CONTRACTOR", 5040 NW 7T" ST,
SUITE 410, MIAMI, FLORIDA 33126,
The "Project" is: SOUTHWEST SIDEWALK & LANDSCAPE y
IMPROVEMENTS, PHASE III
The "City Engineer" is: H.J. ROSS & Associates, INC.
5841 NW 9t' St. Suite 101
FORT LAUDERDALE, FLORIDA 33309-2903
(954) 771-4800
W I T N E S S E T H:
In consideration of the mutual terms and conditions, promises,
covenants, and payments hereinafter set forth, 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 herein, 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
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Agreement is based.
1.1 The CONTRACTOR, for the consideration hereafter fully set out
shall furnish all the material, equipment and labor to perform all
the work necessary to complete the "Provisions for SOUTHWEST
SIDEWALK AND LANDSCAPE IMPROVEMENTS, PHASE III - a Community
Development Block Grant Program, " all in full and complete
accordance to the below listed Contract Documents, which are
attached hereto and made a part hereof,
herein; as if fully contained
Advertisement for Bids; Instructions to Bidders; General
Conditions, Supplementary
Constructions Drawings and Specifications; the Proposal
and acceptance thereof.
1.2 On February 11, 1999 the CITY advertised its notice to bidders
of the CITY'S desire to hire a firm to subject to the approval by
the Broward County Community Development Division, to provide for
Southwest Sidewalk and Landscape Improvements, Phase III under the
Community Block Grant Program. Such sidewalk and landscape
improvements are more particularly described in the above entitled
Contract Documents which are attached hereto and made a hereof, for
the said bid entitled: y
BID PROPOSAL
SOUTHWEST SIDEWALK AND LANDSCAPE IMPROVEMENTS, Phase III
CITY OF DANIA BEACH
ADMINISTRATIVE CENTER
100 WEST DANIA BEACH BLVD.
1.3 The CITY held a mandatory BEACH, FLORIDA 33004
meeting
1999 the bids were opened at the offic s of he City Cl rk. 25,
1.4 On April 13, 1999, the CITY awarded the bid to CONTRACTOR for
the designated areas described in and authorized the proper CITY
Officials to negotiate and enter into an agreement with CONTRACTOR
to render the work more particularly described in the above listed
Contract Documents which are attached hereto and made a part
hereof.
ARTICLE 2
SERVICES AND RESPONSIBILITIES
2.1 CONTRACTOR hereby agrees to perform the services necessary for
the Southwest Sidewalk and Landscape Improvements, Phase III on
CITY' S property, as more particularly described in the Contract
Documents attached hereto and by this reference made a part hereof,
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in accordance with the specifications, attached hereto and made a
part hereof and CONTRACTOR' s response thereto, attached hereto and
made a part hereof.
2.1 CONTRACTOR agrees to do everything required by this Agreement,
the Sealed Bid Package "Provisions For Southwest Sidewalk and
Landscape Improvements, Phase III", and Commission award complete
with proposal form.
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
herein, and all work performed under this Agreement shall be done
in a professional manner.
2.3 CONTRACTOR hereby 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 hereby 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 hereby 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 . CONTRACTOR shall guarantee the complete project against poor
workmanship and faulty materials for a period of twelve (12) months
after final payment and shall immediately correct any defects which
may appear during this period upon notification by the City or the
City' s Engineer.
ARTICLE 3
PROTECTION OF CITY' S PROPERTY
At all times during the performance of this Contract, the
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CONTRACTOR shall protect the CITY's property from all damage
whatsoever on account of CONTRACTOR' s performance of improvements
carried on under this Contract.
ARTICLE 4
TERMS AND CONDITION
4.1 CONTRACTOR shall perform the improvements to the CITY Property
as identified in the Contract Documents attached hereto and made a
part hereof, commencing on April 20, 1999 and completing said
improvements no later than ninety (90) days after the notice to
proceed.
4.2 This Agreement may be terminated by either party for cause,
upon thirty (30) days written notice by the CITY to CONTRACTOR, in
which event the CONTRACTOR shall be paid its compensation for the
improvements completed by the termination date. In the event that
the CONTRACTOR abandons this Agreement or causes it to be
terminated, he shall indemnify the CITY against any loss pertaining
to this termination up to a maximum of the full contracted fee
amount. All finished or unfinished documents, data, studies,
surveys and reports prepared by CONTRACTOR shall become the
property of CITY and shall be delivered by CONTRACTOR to CITY.
ARTICLE 5
COMPENSATION AND METHOD OF PAYMENT
5.1 CITY agrees to compensate CONTRACTOR for all the improvements
and landscaping completed by CONTRACTOR pursuant to the provisions
of this Agreement:
SCHEDULE OF PRICES
ITEM 1 For mobilization & demobilization of
all equipment & personnel including
pre-construction and post-
construction video taping,
construction sign, and permit fees:
$1,800.00
ITEM 2 For replacement of existing 4- inch
concrete side-walks as shown in the
plans:
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$18. 00/Square Yard
X 30 SY = $540.00
ITEM 3 For replacement of existing 6 - inch
concrete sidewalks as shown in the
plans:
$21.00/Square Yard
X 30 SY = $630. 00
ITEM 4 For installation of new 4-inch
concrete sidewalk as shown in the
plans:
$18.90/Square Yard
X 2900 SY = $54,810
ITEM 5 For installation of new 6-inch
concrete sidewalk as shown in the
plans:
$21. 00/Square Yard \
X 90 SY = $1,890
ITEM 6 For regrading swale areas and
installation of Bahia sod as shown
in the plans:
$2.50/Square Yard
X 2500 square yards 16,250
ITEM 7 For repair of asphalt driveways as
shown in the plans:
$55.00/Ton
X 20 driveways = $1,100
ITEM 8 For maintenance of safe traffic conditions including
flagmen, barricades, signs and other devices and
preparation of a Maintenance of Traffic Plan as
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necessary:
$ 600
ITEM 9 For testing and laboratory services:
$ 2,000.00
ITEM 10 For payment of Performance Bond &
Payment Bond Premiums:
$ 600. 00
ITEM 11 For replacement of chain link fence
$ 700.00
total bid amount: $70,920. 00
The total compensation amount may not be exceeded without a written
amendment to this Agreement.
5.2 Method of Billing and Payment
5 .2 .1 The CONTRACTOR may requisition payments for work
completed during the project at monthly intervals. The CONTRACTOR'S
requisition shall show a complete breakdown of the project
components, the quantities completed and the amount due, together
with such supporting evidence as may be required by the ENGINEER
for approval. Ten Percent (10%) of all monies earned by the
CONTRACTOR shall be retained by the City until the project is
totally completed as specified and accepted.
5 .2 .2 Payment will be made to CONTRACTOR at:
M.E.F. Construction
5040 NW 71h St. Suite 410
Miami, FL 33126
5.2.3 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, from faulty work appearing within
twelve (12) months after final payment, or from requirements of the
specifications. It shall also constitute a waiver of all claims by
the CONTRACTOR, except those previously made and still unsettled.
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ARTICLE 6
CHANGES IN SCOPE OF WORK
6.1 CITY or CONTRACTOR may request changes that would increase,
decrease, or otherwise modify the work, as described in the
Contract Documents, to be provided under this Agreement as
described in Article 2 of this Agreement. These changes will
affect the compensation accordingly. Such changes must be
contained in a written amendment, executed by the parties hereto,
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 by any work
which has not been described in a separate written agreement
executed by the parties hereto.
ARTICLE 7
INDEMNIFICATION
7.1 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 .
7.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY,
its trustees, 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 or any third party
arising out of, or by reason of, or resulting from the CONTRACTOR' s
negligent acts, errors, or omissions.
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ARTICLE 8
INSURANCE
8. 1 The CONTRACTOR shall not commence work under this contract
until he has obtained all insurance required under this paragraph,
and such insurance has been approved by the Risk Manager of the
CITY, nor shall the CONTRACTOR allow any Subcontractor to commence
work on any sub-contract until all similar such insurance required
of the subcontractor has been obtained and approved.
8.2 Certificates of insurance, reflecting evidence of the required
insurance, shall be filed with the Risk Manager prior to the
commencement of the work. These Certificates shall contain a
provision that coverages afforded under these policies will not be
canceled until at least thirty days (30) prior written notice has
been given to the CITY. Policies shall be issued by companies
authorized to do business under the laws of the State of Florida.
8.3 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 .4 Insurance shall be in force until all work required to be
performed under the terms of the Contract is satisfactorily
completed as evidenced by the formal acceptance by the CITY. In
the event the insurance certificate provided indicates that the
insurance shall terminate and lapse during the period of this
contract, 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 contract and
any extension thereunder is in effect. The CONTRACTOR shall not
continue to work pursuant to this contract unless all required
insurance remains in full force and effect.
8.5 REQUIRED INSURANCE.
8.5.1 Comprehensive General Liability insurance shall cover
liability, bodily injury, and property damage. Exposures to be
covered are: premises, operations, products/completed operations,
and certain contracts. Coverage must be written on an occurrence
basis, with the following limits of liability:
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8.5.1.1 Bodily Injury
8.5.1. 1.1 Each Occurrence $1,000,000
8.5.1.1.2 Annual Aggregate 1,000,000
8.5.1.2 Property Damage
8.5.1.2.1 Each Occurrence 1,000,000
8.5.1.2.2 Annual Aggregate 1,000,000
8.5.1.3 Personal Injury
Annual Aggregate 1,000,000
8.5.1.4 Completed Operations and Products
Liability shall be maintained for two (2)
years after final payment.
8.5.1.5 Property Damage Liability Insurance shall
include Coverage for the following
hazards: X-explosion, C-collapse, U-underground.
8.5.2 Workers' Compensation insurance shall be maintained o
during the life of this contract 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 his subcontractors shall maintain
during the life of this policy Employers Liability Insurance. The
following limits must be maintained:
8.5.2.1 Workers' Compensation Statutory
8.5.2.2 Employer' s Liability $500,000
occurrence
8.5.3 Comprehensive Auto Liability.
8.5.3.1 Bodily Injury
8.5.3.1.1 Each Occurrence 1,000,000
8.5.3.1.2 Annual Aggregate 1,000,000
8.5.3.2 Property Damage
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8.5.3.2 .1 Each Occurrence 1,000,000
8.5.3.2.2 Annual Aggregate 1,000,000
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 this contract
and name the CITY as an additional insured under their policy.
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 all purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage 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
hereunder. 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 provided for herein. 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 and/or overtime
premiums.
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ARTICLE 10
CONSTRUCTION PERFORMANCE BOND
10. 1 At the time of the execution of this Agreement, CONTRACTOR
shall furnish a Construction Performance Bond in the amount of 100%
of bid which will be considered Bond Coverage for the City. The
Performance Bond shall guarantee to the CITY the Completion and
performance of the work covered in the Agreement. The performance
Bond shall at all times be valid and in force to cover the work
being performed. The Performance 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.
10.2 The CONTRACTOR agrees to keep such Bonds, or a replacement
thereof, in force 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
services of the performance of this Agreement. CONTRACTOR may
comply with the requirements of this provision by causing said Bond
to specifically name the CITY OF DANIA BEACH as one of the parties
to whom the protection afforded by said Bond is extended or as an
alternative, may furnish the CITY with a separate Performance Bond
meeting the same criteria provided above.
ARTICLE 11
DEFAULT OF CONTRACT & REMEDIES
11.1 Liquidated Damages.
It is mutually agreed between the parties hereto that time is
of the essence of this Agreement, and in the event construction of
the work is not completed within the time herein 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 Beneficial Occupancy of the work, which sum shall represent
the actual damages which the CITY will have sustained per day by
failure of the CONTRACTOR to complete the work 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.
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11.2 Remedies in Default. In case of default by CONTRACTOR,
the CITY ENGINEER shall notify the CONTRACTOR, in writing, of such
abandonment, delay, refusal, failure, neglect, or default and
direct him to comply with all provisions of the Agreement. A copy
of such written notice shall be mailed to the Surety on the
Performance bond ("Surety,,) . If the abandonment, delay, refusal,
failure, or neglect is not cured within seven (7) days of when
notice was sent by CITY, CITY may declare a default of the
Agreement and notify the CONTRACTOR and the Surety of such
declaration of default and terminate the Agreement.
The Surety on the Performance Bond shall within ten (10) days
of such declaration of default rectify or cause to be rectified any
mismanagement or breach of service in the Agreement and assume the
work of CONTRACTOR and proceed to perform the work under the
Agreement at its own cost and expense.
11.2.1 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 due and payable to the Surety. Thereafter the
Surety shall receive monthlyld ~'
that
have been paid the CONTRACTOR had the gCONTRACTORthoscontinued uto
Perform the work under the Agreement.
11.2.2 If such Surety fails to perform, the CITY may complete
the Contract, or any part thereof, either by day labor or re-
letting a Contract for the same, and procure the equipment and the
facilities necessary for the completion of the Contract, and charge
the cost of same to the CONTRACTOR and/or the Surety together with
the costs incident thereto to such default.
11.2.3 In the event the CITY completes the Contract at a
lesser cost than would have been payable to the CONTRACTOR under
this agreement, if the same had been fulfilled by said CONTRACTOR,
CITY shall retain such differences. Should such cost to the CITY
be greater, the CONTRACTOR and/or the Surety shall pay the amount
of such excess to the CITY.
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I 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.
ARTICLE 13
DISPUTE RESOLUTION
13.1 Arbitration. In addition to any other remedy provided
hereunder, the CITY, at its 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 breach
thereof, may be settled by arbitration in accordance with the rules
of the American Arbitration Association and judgment upon the award
rendered by the arbitrators may be entered into by any court giving
jurisdiction thereof. 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.
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, performance or
compensation hereunder, 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.
13.2.2 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 said negotiations to resolve the dispute, may
Present the matter to a court of competent jurisdiction in an
appropriate suit therefore instituted by it or by the CITY.
13.2. 3 Notwithstanding the other provisions in this Section, the
CITY reserves the right to terminate the Agreement at any time,
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whenever the service provided by the CONTRACTOR fails to meet
reasonable standards of the trade after the CITY gives written
notice to the CONTRACTOR of the deficiencies as set forth in the
written notice within fourteen (14) days of the receipt by the
CONTRACTOR of such notice from the CITY.
ARTICLE 14
MISCELLANEOUS
14.1 Ownership of Documents. Reports, surveys, studies, and other
data provided in connection remain the property of CITY, w with this Agreement are and shall
hether or not the project for which
they are made is completed.
14.2 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 herein due to the joint
contributions of both parties.
14.3 Records. CONTRACTOR shall keep such records and accounts and y
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 such entries. or expenses based upon
14.4 Assignments and Amendments.
interests herein, shall not n assi This Agreement, and any
encumbered gned, transferred or otherwise
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. However, this Agreement shall run to
the CITY and its successors and assigns.
It is further agreed that no modification, amendment, or alteration
in the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same
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formality and of equal dignity herewith.
14. 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.
14. 6 Notice. Whenever any party desires to give notice unto any
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 and the remaining party, 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, N
the CONTRACTOR and the CITY designate the following as the N.
respective places for giving of notice:
City Kevin Dick
Assistant to the City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania, Florida 33004
Copy to: Thomas Ansbro, City Attorney
Brinkley, McNerney, Morgan, Solomon and Tatum, L.L.P.
200 East Las 01:,s Blvd. Eighteenth Floor
Fort Lauderdale, FL 33001-2209
Contractor: Maria Ocana, President
M.E.F. Construction
5040 NW 7t' St. , Suite 410
Miami, FL 33126
14.7 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
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with respect to all provisions contained in this Agreement.
14. 8 Bea_di�s. Headings herein are for reference only and shall the convenience of
this Agreement. not be considered in any interpretation of
14 . 9 Ems. 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 herein by reference.
14. 10 geve`ility. If any provision of this Agreement or
application thereof 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 thereby, and shall continue in
full force and effect, and be enforced to the fullest extent
Permitted by law.
14.11 Goverriny Law. This Agreement shall be governed by the laws
of the State of Florida with venue
Florida. lying in Broward County,
nd i Extent of Agreement. This Agreement represents the entire
tegrated
and n agreement between the CITY and the CONTRACTOR and
supersedes all prior negotiations, representations or agreements,
either written or oral.
14.13 Waiver. Failure of
Performance of an the CITY in insist upon strict
y Provision or condition of this Agreement, or to
execute any right therein contained, shall not be constructed 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.
— es,
the t 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.
14.15 Attorneys' Fees. In the event that either party brings suit
for enforcement of this Agreement, the prevailing party shall be
entitled to attorney's fees and court costs in addition
other remedy afforded by law, to any
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14.16 Protection of City Property. At all times during the
performance of this Contract, the CONTRACTOR shall protect the
CITY' s property from all damage whatsoever on account of the work
being carried on under this contract.
IN WITNESS OF THE FOREGOING, the parties have set their hands
and seals on the day and year first written above.
ATTEST: CITY D BEAC$ FLO IDA,
SHR C4 MpN BY8 nic' c, io
ACTING CITY CLERK JOHN BE MAYOR
APPROVED AS TO FORM AND CORRECTNESS: BY:
M W SMITH
IT ER
Ia
THOMAS ANSBRO, CITY ATTORNEY M.E.F. ONSTRUCTION
BY*
MARIA
PRESIDENT
STATE OF FLORIDA)
COUNT OF BROWARD)
BEFORE ME, an officer duly authorized by law to administer
oaths and take acknowledgments, personally appeared MARIA OCANA as
President of M.E.F. CONSTRUCTION, INC. , a Florida corporation and
acknowledged execution of the foregoing Agreement as the proper
official of said 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 FOREGOING, I have set my hand and official
seal at in the State and County aforesaid on this day of APRIL,
1999.
•''*+ OFFICIAL NOTARY SEAL
SORAYA DEL C.MEMWNIO
NOTARY PUBLIC.STATE OF FLORIDA
COMMISSION NO.CC563210
'+• •` MY COMMISSION EN!JUNE It 20M
Notary Public
My Commission Expires:
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