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HomeMy WebLinkAboutR-2019-064 City Awarding a Contract Related to City Invitation to Bid (''ITB'') No. 19-003 to Poseidon Dredge & Marine, Inc. for Marine Dredging Work, at the City of Dania Beach Marina ($138,000.00) RESOLUTION NO. 2019-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING A CONTRACT RELATED TO CITY INVITATION TO BID ("ITB") NO. 19-003 TO POSEIDON DREDGE & MARINE, INC., FOR MARINE DREDGING WORK, AT THE CITY OF DANIA BEACH MARINA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY EIGHT THOUSAND DOLLARS ($138,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach posted and advertised City ITB No. 19-003 to accept bids for the Marina Dredging Project on March 7, 2019; and WHEREAS, on April 12, 2019 the City received two (2) responses to the ITB from Poseidon Dredge & Marine, Inc. and Kearns Construction Company; a copy of the Bid Tabulation Form is attached as Exhibit "A", which is incorporated into this Resolution by this reference; and WHEREAS, the Bid Review Committee met on May 14, 2019 and ranked and reviewed both bids; and WHEREAS, both original bids exceeded the budgetary amount for this project and therefore, both bidders were requested to remove the as-built portion of the bid as the City recommends that a surveying company will conduct the as-built portion at lesser cost to the City; copies of the revised Bid Forms are attached as Exhibit `B" and incorporated into this Resolution by this reference; and WHEREAS, the Bid Review Committee determined that both submittals had met the minimum requirements set forth in the ITB and ranked the submittals; and WHEREAS,the Bid Review Committee ranked the two (2) submittals as follows: 1St Most Responsive, Poseidon Dredge &Marine, Inc. $138,000.00 2nd Most Responsive, Kearns Construction Company $174,000.00 WHEREAS, it is recommended that the City Commission award a contract to Poseidon Dredge & Marine, Inc., ("Contractor") as the most responsive and responsible bidder for the work requested by the City in an amount not to exceed One Hundred Thirty Eight Thousand Dollars ($138,000.00); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the above "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 awards the contract to Poseidon Dredge & Marine, Inc., for the Marina Dredging Project, for an amount not to exceed One Hundred Thirty Eight Thousand Dollars ($138,000.00). Section 3. That the proper City officials are authorized to execute an agreement with Poseidon Dredge & Marine, Inc., and the City Manager and the City Attorney are authorized to make minor revisions to the Agreement as are deemed necessary and in the best interest of the City; a copy of the Agreement is attached as Exhibit"C". Section 4. That funding for this project is available and appropriated in the Marina Fund Dredging Project Account No. 406-72-20-575-63-10 in the amount of One Hundred Fifty Thousand Dollars ($150,000.00). Award of this contract leaves a remaining balance of Twelve Thousand Dollars ($12,000.00). 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 full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 25, 2019. ATTEST: a y F THOMAS SCHNEIDER, CMC O L ELLEN CITY CLERK �.ij. MAYOR geIISHEO'� APPROVED A TO FORM AND CORRECTNESS: THOMA,J. ANSBR CITY ATTORNEY 2 RESOLUTION#2019-064 BID TABULATION FORM BID OPENING DATE: FRIDAY,APRIL 12,2019 TIME: 10:30 A.M. PROJECT NAME: ITB#19-003 "MARINA DREDGING PROJECT" EXHIBIT"A" BIDDER QUALIFICATION EXHIBIT"J" BID BOND EXHIBIT`B" BID FORM EXHIBIT"K" ACKNOWLEDGEMENT OF ADDENDA EXHIBIT"E" BIDDER'S QUESTIONNAIRE EXHIBIT"L" CERTIFICATION TO ACCURACY OF BID EXHIBIT"F" PUBLIC ENTITY CRIMES FORM EXHIBIT"M" FLORIDA TRENCH SAFETY ACT EXHIBIT"H" NON-COLLUSION AFFIDAVIT EXHIBIT"N" DRUG FREE WORK PLACE EXHIBIT"I" INDEPENDENCE AFFIDAVIT EXHIBIT"O" REFERENCES PRESENT AT BID OPENING: See sign-in sheet attached THE FOLLOWING BIDS WERE OPENED BY: Erika Clayton,Records Specialist Angel Lunkins,Delta City Clerk VENDOR 1 COI Exh.A Exh.B Exh.E Exh.F Exh.H Exh.I Exh.J Exh.K Exh.L Exh.M Exh.N Exh.O Total Bid Price Original 4 Copies I Digital 1. Kearns Construction CO. 2550 S.Bayshore Drive, Suite 206B Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes $268,000.00 Miami,Florida 33133 Contact:John Kearns 305-461-0310 jkeams@keamsconstruction.com EXHIBIT "A" PAGE 1 BID TABULATION FORM BID OPENING DATE: FRIDAY,APRIL 12,2019 TIME: 10:30 A.M. PROJECT NAME: ITB#19-003 "MARINA DREDGING PROJECT" EXHIBIT"A" BIDDER QUALIFICATION EXHIBIT"J" BID BOND EXHIBIT`B" BID FORM EXHIBIT"K" ACKNOWLEDGEMENT OF ADDENDA EXHIBIT"E" BIDDER'S QUESTIONNAIRE EXHIBIT"L" CERTIFICATION TO ACCURACY OF BID EXHIBIT"F" PUBLIC ENTITY CRIMES FORM EXHIBIT"M" FLORIDA TRENCH SAFETY ACT EXHIBIT"H" NON-COLLUSION AFFIDAVIT EXHIBIT"N" DRUG FREE WORK PLACE EXHIBIT"I" INDEPENDENCE AFFIDAVIT EXHIBIT"O" REFERENCES VENDOR 1 COI Exh.A Exh.B Exh.E Exh.F Exh.H Exh.I Exh.J Exh.K Exh.L Exh.M Exh.N Exh.O Total Bid Price Original 4 Copies 1 Digital 2. Poseidon Dredge&Marine,Inc. 319 Wickline Blvd,Suite A Lantana,FL 33462 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes $213,649.25 Contact:Peter Kolb 561-296-4993 PeterK@pdmarineinc.com AFTER THE BID OPENING,THE BIDS WERE TURNED OVER TO THE FOLLOWING FOR FURTHER REVIEW AND TABULATION: Eric Brown,Director.Parks and Recreation Tyler Chat)t)ell,Vice President,The Chappell Grout) Nick Zweber.Senior Proiect Biologist/Regulatory Construction Compliance The Chappell Group Tania Stevens.Senior Accountant,Finance PAGE 2 City of Dania Beach Marina Dredging Project ITB#19-003 mur-lap3pell Bid Form Revised 5130/19 POSEIDON Bidder Name: Poseidon Dredge&Marine Inc. Item Price Notes Bondlinsurance $ 8,000.00 Mobilization $ 19,977.00 Dredging cost $ 36,360.00 Unit Price=$ cy yard Contract Volume Based on Revision#2 808 cuyds Offsite disposal $ 43,930.00 Total for Dredging $ 108,267.00 Installation of temporary spoil containment area $ 24,733-00 Turbidity/Permit Compliance $ 5,000.00 As-Built Drawings $ To be Provided by Owner Total for Misc. $ 29,733.00 Total Bid Amount $ 138,000.00 EXHIBIT "B" PAGE 1 City of Dania Beach Marina Dredging Project ITB#19-003 Bid Form Bidder Name: t= Cc a w5 � '�S ~�'�' O-eq- %p Item Price Notes Bond/Insurance ; �� •� Mobilization ; Q��C�` j ti Dredgingcost $ ` Unit Price=$ __/cu yard C+ffsite disposal fee _ ; Total for Dredging ; Installation of ternpor s O containment area S� LQCL Turbidity/Permit Compliance _ 00 Total for Misc. ; PAGE 2 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS IS AN AGREEMENT, entered into on ,2019 BETWEEN the Owner: City of Dania Beach, Florida 100 West Dania Beach Blvd. Dania Beach, Florida 33004 and the Contractor: Poseidon Dredge &Marine, Inc. (Name and address) 319 Wickline Boulevard, Suite A Lantana, Florida 33462 The Project is: Marina Dredging Project City Bid No.: 19-003 The Project's location: City of Dania Beach Marina 151 N. Beach Road Dania Beach,Florida 33004 The Owner and Contractor agree as follows: ARTICLE 1.0 THE CONTRACT DOCUMENTS 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. ARTICLE 2.0 THE WORK OF THIS CONTRACT 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. EXHIBIT "C" 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 Thirty (30) 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 One Hundred Thirty Eight Thousand Dollars ($138,000.00), 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. 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. 2 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: (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 3 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 coverages 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. 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. 4 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: l. The Contractor may terminate the Agreement if the Work is stopped for a period of thirty (30) 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: a. issuance of an order of a court or other public authority having jurisdiction, and b. an act of government, such as a declaration of national emergency, making material unavailable. 2. 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 5 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. 7.3 TERMINATION BY THE OWNER FOR CONVENIENCE: The Agreement may be terminated for convenience by City upon fifteen (15) days' advance written notice to Consultant and the Consultant'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, the Consultant 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. 6 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 l. 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. 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. 7 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 (14tb) 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 agreement with the next lowest responsive and responsible 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 agreement to which they pertain, including a brief description of the subject matter of the agreement. The certificates shall contain a provision that coverage afforded under the policies will not be 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 8 DESCRIBED IN THE AGREEMENT OR ELSEWHERE IN THE BID DOCUMENTS CONCERNING CONTRACTOR DELAY. 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 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 agreementual liability, and personal/advertising 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 a named"Additional Insured"; • 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 One Million Dollars ($1,000,000.00) Employers' Liability limits Part B. 9 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 II) 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: (to be confirmed on or attached to the Official Certificate of Insurance) • "The City of Dania Beach" is added as a named"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 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. 10 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 March 7, 2019. 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 January 2, 2019. 9.1.6 The Addendum, if any, is in Section 00900 and summarized below: Number Date 1 March 7, 2019 2 March 21, 2019 9.1.7 The Certification of Payment forms and Project Closeout Forms are those contained in the Contract Documents. 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 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. 11 ARTICLE 12.0 SUCCESSORS AND ASSIGNS 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 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: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 As to City: Thomas Ansbro, City Attorney City of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Project Manager: Eric Brown,Director Parks and Recreation Department Dania Beach, Florida 33004 Telephone: 954-924-6800, Ext. 3730 Project Consultant: Tyler Chappell, The Chappell Group, Inc 714 East McNab Road Pompano Beach,Florida 33060 Telephone: 954-782-1908 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. 12 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. 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 13 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. F. 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. G. Claims for Additional Time. I. 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 party'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. 14 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 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 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 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 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. 15 ARTICLE 19.0 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. ARTICLE 20.0 ATTORNEY FEES Each party shall bear its own attorney fees for any litigation related to the Agreement. ARTICLE 212.0 EXTENT OF AGREEMENT 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 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 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. 16 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. 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 party, 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: THOMAS SCHNEIDER, CITY CLERK Mailing Address: 100 W. Dania Beach Boulevard Dania Beach, Florida 33004 Telephone number: 954-924-9800, Ext. 3623 Email: tschneider@daniabeachfl.gov 17 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals effective the day and year written above. CITY OF DANIA BEACH,FLORIDA, a Florida municipal corporation THOMAS SCHNEIDER, CMC LORI LEWELLEN, MAYOR CITY CLERK APPROVED AS TO FORM AND CORRECTNESS THOMAS J. ANSBRO, CITY ATTORNEY ANA M. GARCIA, ICMA-CM CITY MANAGER 18 WITNESSES: CONTRACTOR: Poseidon Dredge& Marine Inc., a Florida Corporation Signature Signature PRINT Name PRINT Name Signature Title PRINT Name STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me on , 2019, by , as of Poseidon Dredge & Marine, Inc., a Florida corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. My Commission Expires: Notary Public, State of Florida Print Name 19