HomeMy WebLinkAboutR-2016-136 Awards a Bid to Miguel Lopez Jr., Inc. for the SW 26th Terrace Drainage Project, ITB No. 16-005, in an Amount Not to Exceed $711,082.24 and Authorizes the Execution of the Related Agreement RESOLUTION NO. 2016-136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AWARDING A BID TO MIGUEL LOPEZ JR., INC. FOR
THE SOUTHWEST 26TH TERRACE DRAINAGE PROJECT IN
CONNECTION WITH INVITATION TO BID (ITB) NO. 16-005, IN AN
AMOUNT NOT TO EXCEED SEVEN HUNDRED ELEVEN THOUSAND
EIGHTY TWO DOLLARS AND TWENTY FOUR CENTS ($711,082.24) AND
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
RELATED AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, advertisements for bids were placed in local newspapers on July 21, 2016
for the Southwest 26th Terrace Drainage Project under ITB No. 16-005; and
WHEREAS, the City opened bids on Friday, August 26, 2016 at 10:30 a.m. and received
bids from five responsive bidders as follows:
1) Miguel Lopez Jr. —Bid Result - $711,082.24
2) Sun Up Enterprises—Bid Result- $779,996.22
3) Everglades Contracting, LLC—Bid Result- $790,632.10
4) Roadway Construction—Bid Result- $804,596.08
5) Southeastern Engineering Contractors—Bid Result- $906,273.00; and
WHEREAS, the City Bid review committee met on September 15, 2016 at 3:00 p.m. to
review all proposals and recommends that the City Commission approve the award of ITB No.
16-005 to the most responsive and the lowest bidder, Miguel Lopez Jr., Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct, and they are made a part of and incorporated into this Resolution by this
reference.
Section 2. That the City Commission of the City of Dania Beach awards the bid for
the Southwest 26th Terrace Drainage Project in an amount not to exceed Seven Hundred Eleven
Thousand Eighty Two Dollars and Twenty Four Cents ($711,082.24) and authorizes the City
Manager to execute the necessary agreement, a copy of which is attached as Exhibit "A" and is
made a part of and incorporated into this Resolution by this reference.
Section 3. That the City Manager and City Attorney are authorized to make minor
revisions as are deemed necessary and proper for the best interests of the City.
Section 4. That funding for this project was planned and appropriated and is
available in the Southwest 26 Terrace Stormwater Capital Projects Account Number 408-38-28-
538-31-10 in the amount of Seven Hundred Nineteen Thousand Four Hundred Seventy Two
Dollars ($719,472.00).
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 6. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on October 10, 2016.
�4D"SRS
ATTEST: rfry
A -A
LOUISE STILSON, CMC A CO A. SALVINO, JR.
CITY CLERK ��, MAYOR
APPROVED AS TO FO AND CORRECTNESS:
THOM S J. ANS O
CITY ATTORN1
2 RESOLUTION#2016-136
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS IS AN AGREEMENT, entered into on , 2016
BETWEEN the Owner: City of Dania Beach, Florida
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
and the Contractor: Miguel Lopez, Jr., Inc.
(Name and address) 7711 Northwest 74th Avenue, Suite 3
Medley, Florida 33166
The Project is: Southwest 261h Terrace Drainage Improvements
City Bid No.: 16-005
The Project's locations: SW 26th Terrace between SW 31st Street and SW 34th Court
The Project consists of the following: Drainage Improvements for SW 26 Terrace
The Owner and Contractor agree as follows:
ARTICLE 1.0
THE CONTRACT DOCUMENTS
1.1 The Contract Documents consist of this Agreement, any Exhibits to it;
Amendments, any Exhibits to any Amendments; other documents referenced or
listed in this Agreement; including but not limited to those identified in Section
10.1.8 below, Conditions of the Contract (General, Supplementary, and other
Conditions); Drawings; Specifications; Addendum or Addenda issued prior to the
execution of this Agreement; modifications issued after execution of this
Agreement, all bid documents and Contractor's response to them. All of the
documents form the Agreement, and are as fully a part of the Agreement as if
attached to it, or repeated in it. The Contract represents the entire and integrated
Agreement between the parties to it and supersedes prior negotiations,
representations or agreements, either written or oral. The Contract Documents
shall not be changed and are not subject to negotiation.
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ARTICLE 2.0
THE WORK OF THIS CONTRACT
2.1 The Contractor shall execute the entire Work described in the Contract
Documents, except to the extent specifically indicated in the Contract Documents to be the
responsibility of others.
ARTICLE 3.0
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The Date of Commencement is the date from which the Contract Time is
measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the
Owner. Should the Contractor incur costs prior to the issuance of the NOTICE TO PROCEED,
any such costs shall be incurred at the Contractor's risk, and the Owner shall not reimburse the
Contractor for any such costs under any circumstances. Notwithstanding the foregoing, Owner
may reimburse Contractor for actual costs incurred relating to performance and payment bonds
and insurance, with submittal of invoices, in the event that Owner terminates this Contract for
convenience, as provided in the General Conditions. If Contractor fails to commence the Work
within one (1) week of the date set forth in the NOTICE TO PROCEED, Owner may terminate
the Contract immediately,without providing an opportunity to cure.
3.2 The Contractor shall achieve Substantial Completion not later than Ninety (90)
calendar days and Final Completion of the entire Work not later than One Hundred Twenty (120)
calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued
by the Owner, subject to adjustments of this Contract Time as provided in the Contract
Documents.
3.3 The parties have agreed that since they are unable to ascertain the amount of
damages which would be suffered by Owner as a result of Contractor's failure to timely
complete all Work required by the date set forth above, the amount of one-tenth (0.01) of one
percent (1%) of the contract value, inclusive of adjustments, per day, but not less than Five
Hundred Dollars ($500.00) per day, which amount has been agreed to by the parties, is
considered to be Owner's liquidated damages, and it is not a penalty. It shall be assessed against
the Contractor until substantial and final completion, respectively, are achieved.
ARTICLE 4.0
CONTRACT SUM
4.1 The Owner shall pay the Contractor, for the Contractor's performance of the Work
the Contract Sum of Seven Hundred Eleven Thousand Eighty Two Dollars and Twenty Four
Cents ($711,082.24), subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the cost agreed upon by the parties, for the
satisfactory performance of the Work in accordance with the Contract Documents.
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4.3 The value of any construction Work covered by a Change Order or of any claim
for an increase or decrease in the Contract Sum shall be determined in one of the following ways
at the Owner's option:
a. Where the Work involved is covered by unit prices contained in the
Contract Documents,by application of unit prices to the quantities of
items involved without additional fees.
b. By mutual acceptance of a lump sum price.
4.4 Contractor may expend funds only for allowable costs resulting from obligations
incurred during the specified Agreement period.
4.5 Any balance of unobligated funds which have been advanced or paid must be
refunded to the City.
4.6 Any funds paid in excess of the amount to which the Contractor or sub-
conntractor is entitled under the terms of the Agreement must be refunded to the City.
4.7 Any additional information as required in Section 215.97, Florida Statutes.
ARTICLE 5.0
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Consultant by the
Contractor and Certifications of Payment issued by the Consultant, the Owner shall make
progress payments on account of the Contract Sum to the Contractor as provided below,
elsewhere in the Contract Documents and in accordance with Part VII of Chapter 218, Florida
Statutes, as it may be amended from time to time, entitled the "Local Government Prompt
Payment Act."
5.2 The period covered by each Application for Payment shall be one calendar month
ending on the last day of the month, or as follows:
5.3 Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The Schedule of
Values shall allocate the entire Contract Sum among the various portions of the Work and be
prepared in such form and supported by such data to substantiate its accuracy as the Consultant
may require. This Schedule, unless objected to by the Consultant, shall be used as a basis for
reviewing the Contractor's Applications for Payment.
5.4 Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for Payment.
5.5 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
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(A) Payment for services performed may be made on a monthly basis upon
approval of the Application for Payment by the designated official of the Owner. The
Contract may include phases of performance to be negotiated. There will be separate
phases for design responsibilities and for construction responsibilities. Retainage will be
withheld on all payments as authorized by state law until Owner acceptance of the Project
and Owner has received evidence of satisfactory completion of the Contract.
(B) Ten percent(10%) of monies earned by the Contractor shall be retained by
Owner until Final Completion and acceptance by Owner, except for the following items:
General Conditions and self-performed work performed on a cost reimbursement basis, if
any. After fifty percent (50%) of the Work has been completed, Contractor may request
that the Contract Administrator reduce the retainage to five (5%) percent of all monies
previously earned and all monies earned thereafter, and Owner shall grant such request,
provided that there are no pending claims by the Owner for delay or otherwise, and
provided further that there are no pending third party claims against the Owner as a result
of the Work, including claims for non-payment by Contractor's lower-tiered
subcontractors and suppliers ("Claims"). At any time thereafter, Contract Administrator
may increase retainage back to ten percent (10%) of all monies previously earned and all
monies earned thereafter, if in the sole discretion of thr Contract Administrator, such
increase is necessary to protect the Owner from any Claims, and such retainage may be
deducted from any monies then due or that is to become due the Contractor. After ninety
(90%) percent of the Work has been completed, and provided that there are no pending
Claims, the Contract Administrator may reduce the retainage to two and one-half (2-
1/2%) percent of all monies previously earned and all monies earned thereafter.
Subsequent to Final Completion and prior to Final Payment, Contract Administrator may
reduce retainage to a nominal amount at the sole discretion of the Contract Administrator.
Any reduction in retainage shall be in the sole discretion of the Contract Administrator,
and Contractor shall have no entitlement to a reduction. Owner shall hold retainage in
the amount of two and one-half percent (2-1/2%) or such reduced amount as applicable,
until the expiration of any applicable warranty period(s) to ensure completion of
Contractor's warranty obligations and maintenance of all required insurance Coveraage
during the warranty period(s). Any interest earned on retainage shall accrue solely to the
benefit of Owner.
(C) Owner may withhold, in whole or in part, payment to such extent as may
be necessary to protect itself from loss on account of:
1. Defective Contractor or Subcontractor Work not remedied.
2. Claims filed or reasonable evidence indicating probable filing of
claims by other parties against Contractor
3. Failure of Contractor to make payments properly to subcontractors
or for material or labor.
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4. Damage to another subcontractor not remedied.
5. Failure of Contractor to provide any and all documents required by
the Contract Documents.
5.6 Each Application for Payment after the first Application shall be accompanied by
a Certification of Payment form, provided by the Owner, from the Contractor and each
Supplier and Subcontractor, in amounts equal to those stated in the PRIOR Application for the
Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due
payment. The Application for Payment for Retainage shall be accompanied by a final
Certification of Payment and Release of Claim form from the Contractor, each Supplier and
Subcontractor in amounts equal to those stated in the Schedule of Values.
ARTICLE 6.0
FINAL PAYMENT
6.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be made by the Owner to the Contractor when:
1) the Contract has been fully performed by the Contractor except for the
Contractor's responsibility to correct nonconforming Work, if any, which
obligation survives final payment and continues thereafter;
2) a final Certification of Payment has been issued by the Consultant; such
final payment shall be made by the Owner not more than thirty (30) days after the
issuance of the Consultant's final Certification of Payment;
3)final Certification of Payment has been furnished from the Contractor,
Suppliers and Subcontractors; and
4) a Consent of Surety, if any, for final payment.
ARTICLE 7.0
TERMINATION OR SUSPENSION OF AGREEMENT
7.1 TERMINATION BY THE CONTRACTOR:
A. The Contractor may terminate the Agreement if the Work is stopped for a
period of twenty (20) days through no act or fault of the Contractor,
Subcontractor, Sub-subcontractor, their agents or employees, or any other
persons performing portions of the Work under the Agreement with the
Contractor, for any of the following reasons:
1. issuance of an order of a court or other public authority having
jurisdiction, and
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2. an act of government, such as a declaration of national emergency,
making material unavailable.
B. If one of the above reasons exists, the Contractor may, upon five (5)
additional days' written notice to the Owner, terminate the Agreement and
recover from the Owner payment for Work performed.
7.2 TERMINATION BY THE OWNER FOR CAUSE:
l. The Owner may terminate the Agreement if the Contractor:
a. persistently or repeatedly refuses or fails to supply enough
properly skilled workers, proper equipment, materials, or fails to
adhere to the schedule established as adjusted from time to time
pursuant to the terms of the Agreement;
b. fails to comply with laws, ordinances, or rules, regulations or
orders of a public authority having jurisdiction, including Owner;
C. commits any act or omission that evidences a lack of integrity or
honesty or which reflects negatively on the Owner, including but
not limited to the company of its owners, officers and agents being
charged with any act of moral turpitude or any environmental
violation;
d. fails to obtain or maintain all insurance Coverage required by the
Contract Documents; or
e. otherwise is guilty of substantial breach of a provision of the
Agreement or Contract Documents.
2. When the Owner terminates the Agreement, the Contractor shall not be
entitled to receive any further payment until the Work is completed and
approved by the Engineer of Record.
3. All damages, costs and charges incurred by Owner, shall be deducted from
any monies due or which may become due to Contractor. In case the
damages and expenses so incurred by Owner shall exceed the unpaid
balance, then Contractor shall be liable and shall pay to Owner the amount
of such excess.
4. If, after Notice of Termination or Suspension of Contractor's right to
proceed, it is determined for any reason that Contractor was not in default,
the rights and obligations of Owner and Contractor shall be the same as if
the Notice of Termination had not been issued, pursuant to the
Termination for Convenience clause as set forth below.
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7.3 TERMINATION BY THE OWNER FOR CONVENIENCE:
The Agreement may be terminated for convenience by Owner upon fifteen
(15) days' advance written notice to Contractor and the Contractor's surety, if any
(delivered by certified mail, return receipt requested) of intent to terminate and
the date on which such termination becomes effective. In such case, Contractor
shall be paid for all acceptable Work performed prior to termination and shall not
be entitled to any other costs, fees or payments.
7.4 SUSPENSION BY THE OWNER FOR CAUSE
The Owner may order the Contractor in writing to suspend, delay or
interrupt the Work, in whole or in part for such period of time as deemed
necessary by the Owner, if the Contractor fails to maintain all insurance Coverage
required by the Contract Documents. Any delay in the Work caused by a lapse in
Coverage shall be deemed non-excusable, shall not be grounds for a time
extension, and shall be subject to any other applicable provisions in the
Agreement and Contract Documents concerning Contractor delay.
7.5 SUSPENSION BY THE OWNER FOR CONVENIENCE
I. The Owner may, without cause, order the Contractor in writing to
suspend, delay or interrupt the Work in whole or in part, for such period of time
as the Owner may determine, and the Contractor shall be entitled to an
appropriate time extension, provided the suspension delays the critical path of the
Work.
2. If such suspension exceeds thirty (30) consecutive days, Contractor
may also be entitled to an adjustment in the Contract Sum for increases in the cost
of performance of the Contract resulting directly from the suspension, delay, or
interruption, including reasonable profit on such increased cost; provided
however,that no adjustment will be made to the extent:
a. that performance is,was, or would have been so suspended,
delayed, or interrupted by another cause for which
Contractor is responsible;
b. that Contractor fails to adequately document the cost
increase;
C. that the Contractor would have incurred the cost increase
regardless of the suspension, delay, or interruption, or
d. that an equitable adjustment is made or denied under
another provision of the Agreement or Contract
Documents.
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7.6 RECEIPT OF NOTICE OF TERMINATION OR SUSPENSION
Upon receipt of Notice of Termination or suspension, Contractor shall
deliver or otherwise make available to Owner all data, drawings, specifications,
reports, estimates, summaries and such other information as may have been
required by the Agreement or Contract Documents, whether completed or in
process.
ARTICLE 8.0
INSURANCE COVERAGE
8.1 The Contractor shall not commence Work under the Agreement until Contractor has
obtained all insurance required under this Article, and not until such time that the coverages are
approved by the Risk Manager of the City. The Contractor shall not allow any employee of
Contractor or any Subcontractor to commence Work on any subcontract until the Subcontractor
and all Coverages required of any Subcontractor have been obtained and approved by the Risk
Manager of the City. In addition, Contractor shall be responsible for any and all policy
deductibles and self-insured retentions.
The following are requirements that must be met regarding the Bidder's delivery of
Certificates of Insurance for all coverages required in the Agreement and Bid
Documents:
8.1.1 "Preliminary" certificate means that certificates of insurance verifying all
general insurance requirements (as noted below) must be included with your Bid
submittal on the date and time of the Bid opening.
If the "preliminary" certificates are not included with your Bid submittal, then the City
has the right to consider the submitted Bid as non-responsive on the date and time of the
Bid opening. "Preliminary" Certificates may be issued without documentation of all
"Special Provisions". However, Contractor does understand that all provisions,
including "Special Provisions" noted below are expected to be fully documented on or
attached to the "Official" Certificates of Insurance as described below.
8.1.2 "Official" Certificates of Insurance must be delivered to the City Clerk's
office and Risk Manager of the City. If the "Official" certificates are not delivered
before or on the fourteenth (14th) Business Day after the issuance by the City of the
"Notice of Apparent Low Bidder", then the City has the right to consider the
awarded Agreement to the successful Bidder as void and to negotiate a contract
with the next lowest Bidder. "Special Provisions", as referenced below under each
type of insurance requirement shall be fully confirmed on or attached to the
"Official" certificates.
8.1.3 All Certificates of Insurance must clearly identify the contract to which they
pertain, including a brief description of the subject matter of the contract. The
certificates shall contain a provision that coverage afforded under the policies will not be
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canceled until at least thirty (30) days' prior written notice has been given to City. If this
coverage is not provided, then Contractor is responsible for such notice to City.
Insurance policies for required coverages 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-VII in the latest edition of the "BEST'S KEY RATING GUIDE",
published by A.M. Best Guide. In the event that the insurance carrier's rating shall drop,
the insurance carrier shall immediately notify the City in writing.
8.1.4 Coverages shall be in force until all Work required to be performed under the
terms of the Agreement, including any applicable warranty period, is satisfactorily
completed as evidenced by the formal written acceptance by the City. In the event
insurance certificates provided to City indicate that the insurance shall terminate and
lapse during the period of the Agreement, including any applicable warranty period, 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 coverages for the balance of the period of the Agreement, including any extension of
it, and including any applicable warranty period, is in effect. THE CONTRACTOR
AND ANY SUBCONTRACTOR SHALL NOT PERFORM OR CONTINUE
WORK PURSUANT TO THE AGREEMENT, UNLESS ALL COVERAGES
REMAIN IN FULL FORCE AND EFFECT. ANY DELAY IN THE WORK
CAUSED BY A LAPSE IN COVERAGE SHALL BE NON-EXCUSABLE, SHALL
NOT BE GROUNDS FOR A TIME EXTENSION, AND WILL BE SUBJECT TO
ANY OTHER APPLICABLE PROVISIONS DESCRIBED IN THE AGREEMENT
OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR
DELAY.
INSURANCE REQUIREMENTS
8.1.5 The below coverages are minimum limit requirements. Umbrella or Excess
Liability policies are acceptable to provide the total required liability limits, as long as the
Risk Manager of the City and reviews and approves in writing the insurance limits on
each of the policies. The City must approve any changes to these specifications and has
the right to review and amend coverage requirements. The CONTRACTOR shall be held
responsible for any modifications, deviations, or omissions in these insurance
requirements. CONTRACTOR shall be responsible for any deductible amounts.
8.1.6 GENERAL LIABILITY INSURANCE is to include bodily injury, broad form
property damage, products/completed operations, blanket contractual liability, and
personal injury with limits of no less than One Million Dollars ($1,000,000.00) per
occurrence, and Two Million Dollars ($2,000,000.00) annual aggregate.
SPECIAL PROVISIONS AS TO GENERAL LIABILITY INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• Annual Aggregate shall apply"Per Job";
• "The City of Dania Beach, Florida" is added as "Additional Insured";
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• Additional Insured status is included for Products completed operations coverage
for a period of no less than five (5)years following the completion of the Work or
Project;
• Additional insured coverage shall be no more restrictive than Insurance Services
Office (ISO) form CG 2037 (07 04);
• Contractor's insurance shall be primary and non-contributory;
• Waiver of Subrogation in favor of the City;
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies,then Contractor has responsibility for notification); and
• Copy of Additional Insured Endorsement or other endorsements may be attached
to the Certificate.
8.1.7 WORKERS' COMPENSATION INSURANCE shall be maintained by
Contractor and any subcontractors during the life of the Agreement, including any
applicable warranty period(s), and it is to apply to all "statutory employees"of Contractor
(as that phrase is defined by Chapter 440, Florida Statutes), in compliance with the
"Workers' Compensation Law" of the State of Florida and all applicable federal laws, for
the benefit of the Contractor, its employees, and Subcontractors.
In the case any work is sublet as otherwise addressed in the Agreement or Bid
Documents, the Contractor shall require any Subcontractors similarly to provide
Workers' Compensation Insurance for all of the latter's employees, in addition to any
coverage afforded by the Contractor, by furnishing statutory limits Part A, and no less
than and One Million Dollars ($1,000,000.00) employers' liability limits Part B.
IN NO EVENT SHALL THE CONTRACTOR BE PERMITTED TO UTILIZE IN
THE PROSECUTION OF THE WORK, THE FOLLOWING: I) ANY
EMPLOYEE, SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEE WHO
IS EXEMPTED OR PURPORTED TO BE EXEMPT FROM WORKERS'
COMPENSATION INSURANCE COVERAGE; OR I1) ANY EMPLOYEE,
SUBCONTRACTOR OR SUBCONTRACTOR EMPLOYEES WHO WILL BE
COVERED BY AN EMPLOYEE LEASING ARRANGEMENT.
SPECIAL PROVISIONS AS TO WORKERS' COMPENSATION INSURANCE:
(to be confirmed on or attached to the Official Certificate of Insurance)
• 30 Days' Notice of Cancellation or modification to City (if not available
on the
insurance policies,then Contractor has responsibility for notification);and
• Waiver of Subrogation.
8.1.8 AUTOMOBILE LIABILITY INSURANCE shall be maintained with
combined single limits of no less than One Million Dollars ($1,000,000.00), to include
coverage for owned, hired, and non-owned vehicles.
SPECIAL PROVISIONS AS TO AUTOMOBILE LIABILITY INSURANCE:
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(to be confirmed on or attached to the Official Certificate of Insurance)
• "The City of Dania Beach" is added as"Additional Insured";
• 30 Days' Notice of Cancellation or modification to City (if not available on the
insurance policies,then Contractor has responsibility for notification); and
Waiver of Subrogation.
8.1.9. During the performance of the Contract, there may be times when the
Contractor will be required to obtain an Owner permit for such Work, or in connection with the
items or services. It is the responsibility of the Contractor to insure that it has the
appropriate Owner permits as may become necessary during the performance of the Contract.
Any fees related to the Owner required permits in connection with the Contract will be the sole
responsibility of the Contractor.
8.1.10 Licenses, permits, and fees that may be required by Broward County,
state or federal entities are not included in the above list.
ARTICLE 9.0
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
9.1.1 The Agreement is this executed Agreement between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for
Construction.
9.1.3 The Supplemental and other conditions of the Contract are those contained
in the Contract Documents dated , 2016.
9.1.4 The Specifications are those contained in the Contract Documents listed
in the Table of Contents.
9.1.5 The Drawings are dated N/A.
9.1.6 The Addendum, if any, is in Section 00900 and summarized below:
Number Date
9.1.7 The Certification of Payment forms and Project Closeout Forms are those
contained in the Contract Documents.
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9.1.8 Other documents forming part of the Contract Documents are as follows:
00001 TITLE PAGE
00002 PROJECT DATA
00003 TABLE OF CONTENTS
00004 LIST OF DRAWINGS
00010 NOTICE TO BIDDERS
00020 NOTICE OF APPARENT LOW BIDDER
00100 INSTRUCTIONS TO BIDDERS
00200 GEOTECHNICAL REPORT—when applicable
00300 BID FORM
00400 INSURANCE AGENT STATEMENT
00410 BID SECURITY FORM
00420 CONTRACTOR'S SWORN QUALIFICATION STATEMENT
00430 ACKNOWLEDGMENT OF INSPECTION
00440 PUBLIC ENTITY CRIMES STATEMENT
00450 NON-COLLUSION AFFIDAVIT
00460 CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT
00470 INDEPENDENCE AFFIDAVIT
00500 AGREEMENT BETWEEN OWNER& CONTRACTOR
00510 ACKNOWLEDGMENT IF INDIVIDUAL
00520 ACKNOWLEDGMENT IF PARTNERSHIP
00530 ACKNOWLEDGMENT IF CORPORATION
00600 PERFORMANCE BOND
00610 PAYMENT BOND
00620 CERTIFICATE(S) OF INSURANCE
00630 CONFORMANCE WITH OSHA STANDARDS
00640 HAZCOM TRAINING/INFORMATION
00700 GENERAL CONDITIONS
00800 SUPPLEMENTAL CONDITIONS
00900 ADDENDUM
00910 WARRANTY BOND
00920 CERTIFICATION OF PAYMENT AND PAY ESTIMATE APPROVAL
FORM
00930 CERTIFICATION OF PAYMENT AND PARTIAL RELEASE OF
CLAIM
00940 CERTIFICATION OF PAYMENT AND FINAL RELEASE OF CLAIM
00950 CONSENT OF SURETY
00960 PROJECT CLOSEOUT
00970 CLOSEOUT PACKAGE CHECKLIST
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ARTICLE 10.0
MISCELLANEOUS PROVISIONS
10.1 Where reference is made in this Agreement to a provision of the General
Conditions or other Contract Documents, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
10.2 Other governmental entities may elect to purchase the goods and services
specified in this Agreement, which shall be made available upon the same terms and conditions
as those specified in this Agreement.
ARTICLE 11.0
GOVERNING LAW; CONSENT TO JURISDICTION
11.1 The law of the State of Florida shall govern this Contract. This Contract is not
subject to arbitration. The parties submit to the jurisdiction of any Florida state or federal court
in any action or proceeding arising out of, or relating to this Agreement. Venue of any action to
enforce this Agreement shall be in Broward County, Florida. The parties expressly waive all
rights to trial by jury for any disputes arising from, or in any way connected with this
Agreement. The parties understand and agree that this waiver is a material contract term.
ARTICLE 12.0
SUCCESSORS AND ASSIGNS
12.1 The Owner and Contractor respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Contract. Neither party to
the Contract shall assign the Contract or any portion of it without advance written consent of the
other.
ARTICLE 13.0
WRITTEN NOTICE
13.1 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 Owner designate the following as the respective
persons and places for the giving of notice:
Owner's Representative: Robert Baldwin, City Manager
City of Dania Beach,Florida
100 West Dania Beach Boulevard
Dania Beach,Florida 33004
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As to City: Thomas Ansbro, City Attorney
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Project Manager: Ronnie S.Navarro, P.E., Deputy Director/City Engineer
1201 Stirling Road
Dania Beach, Florida 33004
Telephone: 954-924-3615
Facsimile: 954-923-1109
Project Consultant: Jennifer Smith, P.E.,Project Manager
Chen Moore and Associates, Inc.
500 West Cypress Creek Road, Suite 630
Fort Lauderdale, Florida 33009
Telephone: 954-730-0707
Facsimile: 954-730-2030
ARTICLE 14.0
RIGHTS AND REMEDIES
14.1 Duties and obligations imposed by the Contract Documents and rights and
remedies available under them shall be in addition to and not a limitation of duties, obligations,
rights and remedies otherwise imposed or available by law.
14.2 No action or failure to act by the Owner, Consultant or Contractor shall constitute
a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to
act constitute approval of or acquiescence in a breach under it, except as may be specifically
agreed in writing.
ARTICLE 15.0
DISPUTE RESOLUTION
15.1 CLAIMS AND DISPUTES
A. The responsibility to substantiate a Claim shall rest with the party making
the Claim. All Claims must be made in writing and addressed to the Owner and the
Consultant.
B. Process for Resolving a Claim. The Consultant shall review the Claim
and make a recommendation to the Owner. The Owner shall render a final decision
regarding the Claim. A decision by the Owner shall be required as a condition precedent
to litigation of a Claim between the Contractor and Owner as to all such matters arising
prior to the date final payment is due, regardless of: 1) whether such matters relate to
execution and progress of the Work; or 2) the extent to which the Work has been
completed.
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C. Time Limits on Claims. Claims by the Contractor must be made within
thirty (30) days after occurrence of the event giving rise to such Claim or within thirty
(30) days after the claimant first recognizes the condition giving rise to the Claim,
whichever is later. Claims by the Consultant, Contractor or their respective
subcontractors must be made by written notice to the Owner. An additional Claim made
after the initial Claim has been implemented by Change Order will not be considered
unless submitted in a timely manner.
D. Continuing Contract Performance. Pending final resolution of a Claim,
unless otherwise agreed in writing, the Contractor shall proceed diligently with
performance of the Contract and the Owner shall continue to make payments in
accordance with the Contract Documents.
E. Claims for Concealed or Unknown Conditions. If conditions are
encountered at the Project site which are: 1) subsurface or otherwise concealed physical
conditions which differ materially from those indicated in the Contract Documents; or 2)
unknown physical conditions of an unusual nature, which differ materially from those
ordinarily found to exist in the locale of the Project site and generally not recognized as
inherent in construction activities of the character provided for in the Contract
Documents, then notice by the observing party shall be given to the other party promptly
before conditions are disturbed and in no event later than twenty-one (21) days after first
observance of the conditions. The Consultant shall promptly investigate such conditions
and, if they differ materially and cause an increase or decrease in the Contractor's cost of,
or time required for, performance of any part of the Work, Consultant shall recommend
to the Contractor, with the Owner's approval, an equitable adjustment in the Contract
Sum, Contract Time, or both. If the Consultant determines that the conditions at the
Project site are not materially different from those indicated in the Contract Documents
and that no change in the terms of the Contract is justified, the Consultant shall so notify
the Owner and Contractor in writing, stating the reasons. Claims by either party in
opposition to such determination must be made within twenty-one (21) days after the
Consultant has given notice of the decision. If the Consultant and Contractor cannot
agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be
referred to the Owner for final determination.
B. Claims for Additional Cost. If the Contractor wishes to make Claim for an
increase in the Contract Sum, written notice as provided in these Conditions shall
be given before proceeding to execute the Work. Prior notice is not required for
Claims relating to an emergency endangering life or property arising under
Paragraph 10.3. If the Contractor believes additional cost is involved for reasons
including but not limited to: 1) a written interpretation from the Consultant; 2) an
order by the Owner to stop the Work where the Contractor was not at fault; 3) a
written order for a minor change in the Work issued by the Consultant; 4) failure
of payment by the Owner; 5) termination of the Contract by the Owner; or 6)
Owner's suspension of Work, then the Claim shall be filed in accordance with the
procedure established in this Contract.
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G. Claims for Additional Time.
1. If the Contractor wishes to make Claim for an increase in the
Contract Time, written notice as provided in these Conditions shall be given. The
Contractor's Claim shall include an estimate of cost and a probable effect of delay on
progress of the Work. In the case of a continuing delay, only one Claim is necessary.
2. If adverse weather conditions are the basis for a Claim for
additional time, such Claim shall be documented by data substantiating that weather
conditions were abnormal for the period of time and could not have been reasonably
anticipated, and that weather conditions had an adverse effect on the scheduled
construction.
H. Injury or Damage to Person or Property. If either party to the Contract
suffers injury or damage to person or property because of an act or omission of the other
party, or any of the other parry's employees or agents, or of others for whose acts such
party is legally liable, written notice of such injury or damage, whether or not insured,
shall be given to the other party within a reasonable time not exceeding twenty-one (21)
days after first observance of the injury or damage. The notice shall provide sufficient
detail to enable the other party to investigate the matter. If a Claim for additional cost or
time related to this Claim is to be asserted, it shall be filed as provided in Paragraphs 4.3
(F) or
15.2 RESOLUTION OF CLAIMS AND DISPUTES
A. The Consultant shall review Claims and take one or more of the following
preliminary actions within ten days of receipt of a Claim: 1) request additional
supporting data from the claimant: 2) submit a schedule to the parties indicating when the
Consultant expects to take action; or 3) suggest a compromise. The Consultant may, at
the Owner's direction, notify the surety, if any, of the nature and amount of the
Claim. The Consultant shall notify the Owner or the Claimant. The Owner shall make
the final determination of whether to pay or dispute the Contractor's Claim.
B. If a Claim has been resolved, the Consultant shall prepare or obtain
appropriate documentation.
C. If a Claim has not been resolved, the party making the Claim shall, within
ten days (10) after the Consultant's preliminary response, take one or more of the
following actions: 1) submit additional supporting data requested by the Consultant; 2)
modify the initial Claim; or 3)notify the Consultant that the initial Claim remains valid.
D. The Consultant shall notify the parties in writing of the Owner's decision
within seven days of receipt of. 1) additional supporting data; 2) a request to modify the
initial Claim; or 3) that the initial Claim stands and the Owner's decision shall be final
and binding on the parties but subject to review by a court of competent jurisdiction. The
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Consultant shall prepare or obtain appropriate documentation regarding the Claim. If
there is a surety and there appears to be a possibility of a Contractor's default, the
Consultant may, at the Owner's direction, but is not obligated to, notify the surety and
request the surety's assistance in resolving the controversy.
15.3 All claims, counterclaims, disputes and other matters in question between Owner
and Contractor arising out of, relating to or pertaining to this Agreement, the breach of it, 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.
ARTICLE 16.0
BINDING AUTHORITY
16.1 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.
ARTICLE 17.0
HEADINGS
17.1 Headings in this Agreement are for the convenience of reference only and shall not
be considered in any interpretation of this Agreement.
ARTICLE 18.0
EXHIBITS
18.1 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.
ARTICLE 19.0
SEVERABILITY
19.1 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.
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ARTICLE 20.0
ATTORNEY FEES
20.1 Each party shall bear its own attorney fees for any litigation related to the
Agreement.
ARTICLE 212.0
EXTENT OF AGREEMENT
21.1 This Agreement represents the entire and integrated agreement between the Owner
and the Contractor and supersedes all prior negotiations, representations or agreements, either
written or oral.
ARTICLE 22.0
WAIVER
22.1 Failure of the Owner 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.
ARTICLE 23.0
CONFLICT
23.1 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.
ARTICLE 24.0
PUBLIC RECORDS LAW
24.1 Contractor agrees to keep and maintain public records in Contractor's possession
or control in connection with Contractor's performance under this Agreement. Contractor
additionally agrees to comply specifically with the provisions of Section 119.0701, Florida
Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by law, for
the duration of the Agreement, and following completion of the Agreement until the records are
transferred to the Owner.
24.2 Upon request from the Owner custodian of public records, Contractor shall
provide the Owner with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119,
Florida Statutes, or as otherwise provided by law.
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24.3 Unless otherwise provided by law, any and all records, including but not limited
to reports, surveys, and other data and documents provided or created in connection with this
Agreement are and shall remain the property of the Owner.
24.4 Upon completion of this Agreement or in the event of termination by either parry,
any and all public records relating to the Agreement in the possession of the Contractor shall be
delivered by the Contractor to the City Manager, at no cost to the Owner, within seven (7) days.
All such records stored electronically by Owner shall be delivered to the Owner in a format that
is compatible with the Owner's information technology systems. Once the public records have
been delivered upon completion or termination of this Agreement, the Contractor shall destroy
any and all duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements.
24.5 Any compensation due to Contractor shall be withheld until all records are
received as provided in this Article.
24.6 Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the Owner.
Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: LOUISE STILSON, CITY CLERK
Mailing Address: 100 W. Dania Beach Boulevard
Dania Beach, Florida 33004
Telephone number: 954-924-9800, Ext. 3623
Email: lstilson@ci.dania-beach.fl.us
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
effective the day and year written above.
OWNER:
ATTEST: CITY OF DANIA BEACH,FLORIDA
a Florida Municipal Corporation
Louise Stilson, CMC Marco A. Salvino, Sr.
City Clerk Mayor
Approved as to Legal
Form and Correctness Robert Baldwin, City Manager
, 2016.
Thomas J. Ansbro
City Attorney
2016.
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WITNESSES: CONTRACTOR:
Miguel Lopez,Jr., Inc.
a Florida corporation
Signature Signature
PRINT Name PRINT Name/Title
Signature
PRINT Name
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me on , 2016
, as , respectively, of Miguel Lopez, Jr., Inc., a
Florida corporation, on behalf of the corporation. He/she/they is/are personally known to me or
have produced as identification and did(did not)take an oath.
Notary Public
PRINT Name of Notary Public
My Commission Expires:
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ACKNOWLEDGMENT OF CONTRACTOR,IF A CORPORATION
STATE OF FLORIDA )
COUNTY OF )
On , 2016, before me personally appeared
to me known and who, being duly sworn, did depose and say that (s)he is
the of , the corporation described in and which
executed the foregoing Agreement; that (s)he knows the seal of the corporation; that one of the
impressions affixed to the Agreement is an impression of the seal of the corporation; that(s)he is
a proper official of the corporation designated to execute such Agreement; that (s)he has the
authority to do so; that(s)he has executed the same for and on behalf of the corporation; and that
her/his act is the act and deed of the corporation.
STATE OF FLORIDA )
COUNTY OF )
Sworn to and subscribed before me on , 2016,by
who(check one) [ ] is personally known to me or[ ] has produced as identification.
Notary Public
PRINT Name of Notary Public
My commission expires:
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