HomeMy WebLinkAboutReso 2020-3135RESOLUTION NO. 2020 - 3I3S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH TEAM
CONTRACTING, INC. FOR SIDEWALK REPAIRS, IN AN AMOUNT NOT
TO EXCEED SEVENTY THOUSAND DOLLARS ($70,000.00),
ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is in need of a contractor to repair sidewalks throughout the City;
and
WHEREAS, the City of Fort Lauderdale issued and awarded Invitation to Bid No. 12352-
403 to, and entered into an agreement with, Team Contracting, Inc. ("Contractor") to provide
sidewalk repairs ("Services"); and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other governmental
agencies are exempt from the City's competitive bidding procedures; and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, the Contractor is willing and able to provide said Services to the City; and
WHEREAS, the City Commission wishes to approve an Agreement with Team
Contracting, Inc. for sidewalk repairs services,
Dollars ($70,000.00), for an initial term of two
renewal options, attached hereto as Exhibit "A".
in an amount not to exceed Seventy Thousand
(2) years, with two (2) additional one (1) year
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement
with Team Contracting, Inc. for sidewalk repairs services, in an amount not to exceed Seventy
Thousand Dollars ($70,000.00), for an initial term of two (2) years, with two (2) additional one (1)
year renewal options, attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute the First
Amendment to the Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall take effect immediately upon its final
passage.
R2020 Agmt w Team Contracting for Sidewalk Repairs Page 1 of 2
PASSED AND ADOPTED this 19th day o�ldpmber 2020.
George 1f. Scholl, Mayor
Mautio Bet4ur, CMC, City Clerk
APPROVED AS TO FORM
AND EGAL S- CI NCY:
1
Edward A. Dion, City Attorney
Moved by: CpIMWUs�ioNi: CwG.W*-t! Seconded by: (WMIS,1(WEV' VtW9,0 -
Vote:
✓
Mayor Scholl
(Yes)
(No)
Vice Mayor Svechin
(Yes)
(No)
Commissioner Goldman
%T- (Yes)
(No)
Commissioner Lama
�- (Yes)
(No)
Commissioner Viscarra
� (Yes)
(No)
R2020 Agmt w Team Contracting for Sidewalk Repairs Page 2 of 2
F
"P City of Sunny Isles Beach
i+ 18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
°c, FLOA iy0' (305) 949-3113 Fax
Tr of SVµ �
MEMORANDUM
TO:
The Honorable Mayor and City Commission
VIA:
Christopher J. Russo, City Manager
FROM:
Susan Simpson, Assistant City Manager
DATE:
11 /19/2020
RE:
Agreement with Team Contracting for Ongoing Sidewalk
Replacement and Repair
RECOMMENDATION:
This Resolution is presented for your consideration
REASONS:
The City annually inspects and repairs city sidewalks, curbs and
gutters. Team Contracting, Inc. has an agreement with the City of Fort
Lauderdale to provide the same services. The City wishes to
piggyback on that agreement to utilize the services of Team
Contracting to repair city sidewalks, curbs and gutters as per the
attached proposal.
The City also requests additional funds to be allocated for ongoing
repairs that may be needed throughout the fiscal year within the
approved budget amount. Together, city staff seeks a Not To Exceed
amount of $70,000 with Team Contracting for sidewalk, curb and
gutter replacement / repairs citywide.
FUNDING SOURCE:
Funds are budgeted for and available in the Streets Accounts: 110-5-
5410-446006 / 446007
Description
Resolution
Agreement
Item Number: 10.D.
SUNNY 1 4
O Bm
1
AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
fC>;, FOpP „EAND TEAM CONTRACTING, INC.
CONTRACT NO.2020-6780-04
THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is
made in duplicate, this ay of �; 2020, by and between the CITY OF SUNNY ISLES
BEACH, Florida, (hereinafter referred to as "City"), and TEAM CONTRACTING INC., a
corporation authorized to do business in the State of Florida (hereinafter referred to as
"Contractor") whose Federal I.D. # is 65-1002254.
RECITALS
WHEREAS, the City of Sunny Isles Beach is in need of Contractor to repair concrete
sidewalks throughout the City ("Services"); and
WHEREAS, Contractor is a certified and insured company with the necessary experience
to provide the desired Services; and
WHEREAS, the City of Fort Lauderdale issued Invitation to Bid No. 12352-403, Project
Number 12517, and on April 7, 2020, awarded an agreement to Contractor commencing with the
issuance of a Notice to Proceed for a period of two (2) years from that date, with the option to
renew for two additional one (1) year terms; and
WHEREAS, the City desires to enter into an agreement with Contractor, using the City of
Fort Lauderdale's bid and pricing information, to provide the Services described in Exhibit "A",
and more particularly, Contractor's price proposal as set forth in Exhibit "B", attached hereto and
made part hereof, subject to the terms and conditions contained herein; and
WHEREAS, pursuant to the City's procurement code provisions, purchases made under
state, county or other governmental contracts, or competitive bids with other entities are exempt
from the City's competitive bidding procedures; and
WHEREAS, the City wishes to contract with Contractor to provide the desired Services
as more particularly described in Exhibit "A" for a total amount not to exceed Seventy Thousand
Dollars ($70,000.00), as set forth in Contractor's fee proposal to the City attached hereto as Exhibit
«B",
NOW THEREFORE, in consideration of the promises and the mutual covenants herein
name, the parties agree as follows:
TERMS
1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement
and made a part hereof for reference.
2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement,
as well as the terms and conditions of the City of Fort Lauderdale Invitation to Bid No. 12352-
403, Project Number 12517, and awarded construction agreement dated April 7, 2020, which are
specifically incorporated herein and made a part hereof as Exhibit "A", as well as Contractor's
proposal to the City, attached as Exhibit `B" (hereinafter referred to as "Contract Documents").
Team Contracting Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions
set forth in the City of Fort Lauderdale Invitation to Bid No. 12352-403, Project Number 12517,
the awarded construction agreement dated April 7, 2020, and the proposal to the City attached
hereto as Exhibit `B" (hereinafter referred to as "Services").
A. The Services will be dependent upon the desire of the City to perform work on a Task
Order basis.
B. The Contractor recognizes that time is of the essence. The work to be performed on each
Task Order shall commence immediately upon the Contractor's receipt of an executed Task
Order.
C. The Contractor shall mobilize to the project site and begin construction activities within
seven (7) calendar days of receipt of the executed Task Order or by the specific date noted
within the Task Order (whichever applies).
D. The work on each Task Order shall be substantially completed within the timeframe agreed
upon and noted in each executed Task Order.
E. The work on each Task Order shall be finally completed on or before the Final Completion
Date and ready for final payment in accordance with Final Completion Date agreed upon
and noted in each executed Task Order.
The Services shall be performed by Contractor to the full satisfaction of the City. Contractor
agrees to furnish all labor and material in a good and workmanlike and professional manner to
perform Services. Contractor agrees to have a qualified representative to audit and inspect the
Services provided on a regular basis to ensure all Services are being performed in accordance with
the City's needs and pursuant to the terms of this Agreement and shall report to the City
accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any
problems that could cause damage to the City's property, improvements and persons. Contractor
will require its employees to perform their work in a manner befitting the type and scope of work
to be performed. In the event that the Contractor fails to complete the Services pursuant to the
terms of this contract and City must undertake the completion of performance of Services,
Contractor agrees to indemnify the City for all costs incurred with respect to the completion of
those Services and any damages the City may suffer as a result of the Contractor's failure to
perform the Services.
4. TERM. Subject to the provisions relating to the termination of this Agreement as set
forth hereunder, the term of this Agreement shall commence upon the issuance of a written Notice
to Proceed by the City and shall expire on April 6, 2022. Thereafter, the City has the option to
renew the Agreement for two additional one (1) year terms.
Payment will be made only for work completed to the satisfaction of the City. Contractor is to
commence performance of work from the date of specified in the Notice to Proceed and continue
in a diligent manner until completion of the Services. Contractor acknowledges that compliance
with the commencement and completion schedule is the essence of this Agreement. The terms of
Sections 18 and 19 entitled "Indemnification and Waiver of Liability," and "Compliance with
Law," respectively, shall survive termination of this Agreement.
5. COMPENSATION. During the term of this Agreement, in whatever capacity rendered,
the City shall pay Contractor for Services performed under this Agreement, in a total amount not
Team Contracting Inc. 2
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
to exceed Seventy Thousand Dollars ($70,000.00), to be charged at the rates set forth in
Contractor's proposal to the City, attached hereto as Exhibit "B". Payment to Contractor for all
charges and tasks under this Agreement shall be in accordance with this Agreement and the
schedule of charges reflected under the following conditions. Payment to Contractor for all
charges and tasks under this Agreement shall be in accordance with the Contract Documents and
the schedule of charges reflected as reflected in Exhibit `B", under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this contract
except for expenses approved by the City Manager.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. Payment will be
made by the City in accordance with Article 7 of the City of Fort Lauderdale
Agreement, attached hereto as Exhibit "A". If services have been rendered in
conformity with the Agreement, the invoice will be sent to the Finance Department
for payment. Invoices must reference the contract number assigned hereto.
C. Availability of Funds. The City's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission. If the City should not appropriate or otherwise make available funds
sufficient to purchase the Services procured pursuant to this Agreement, the City
may unilaterally terminate any and all contractual or other obligations herein
without any further liability or penalty upon twenty (20) days' notice to Contractor.
d. Final Invoice. In order for both parties herein to close their books and records, the
Contractor will clearly state "final invoice" on the Contractor's final/last billing to
the City. This certifies that all services have been properly performed and all
charges and costs have been invoiced to the City. Since this account will thereupon
be closed, any other additional charges, if not properly included on this final
invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor
with the prior written approval of the City. If the City disputes any charges on the invoices, it may
make payment of the uncontested amounts and withhold payment on the contested amounts until
they are resolved by agreement with Contractor. Contractor shall not pledge the City's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The Contractor further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this Agreement.
6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent Contractor and shall be treated as such for all purposes. Nothing contained in this
Agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent Contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this Agreement. The City shall not be responsible for
any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
Team Contracting Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this Agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties under
this Agreement.
7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the minimum bonds and
insurance coverage as set forth in Article 10 of the City of Fort Lauderdale Agreement, attached
hereto as Exhibit "A".
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or
self-insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. The insurance policy shall be issued by companies
authorized to do business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed,
and at any time upon request, Contractor shall furnish to the City certificates of insurance
evidencing the minimum required coverage and shall be appropriately endorsed for contractual
liability, with the City named as additional insured. All policies shall contain a waiver of
subrogation endorsement. All policies and certificates shall be in forms and issued by insurance
companies acceptable to the City Manager or his designee. All insurance policies and certificates
of insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. Contractor shall also require and ensure that each of its sub -
Contractors providing services hereunder (if any) procures and maintains, until the completion of
the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO
THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN
WRITING BY THE CITY.
WARRANTY OF SERVICES.
8.1 The Contractor shall warrant the labor performed for a minimum period of one (1)
year from the date the Services are complete. This warranty shall be in addition to
whatever rights the City may have under state or federal law. The Contractor's
obligation under this warranty shall be at its own cost and expense, to promptly
repair or replace (including cost of removal and installation), that item (or part or
component thereof) which proves defective or fails to comply with the Agreement
within the warranty period such that it complies with the Agreement.
8.2 Contractor warrants to the City that all materials and equipment furnished under
this Agreement will be new unless otherwise specified and will be of good
quality, free from faults and defects and in conformance with the Agreement. All
equipment and materials not conforming to these requirements, including
substitutions not properly approved and authorized, may be considered defective.
If required by City or its designee, Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment. This warranty is not limited
by any other provisions within this Agreement.
8.3 Contractor shall provide to the City or its designee all manufacturers' warranties.
All warranties, expressed and/or implied, shall be given to the City for all material
Team Contracting Inc. 4
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
and equipment covered by this Agreement. All material and equipment furnished
shall be fully guaranteed by the Contractor against factory defects and
workmanship. At no expense to the City, the Contractor shall correct any and
all apparent and latent defects that are required under state or federal law.
DEFECTIVE WORK.
9.1 The City or its designee shall have the authority to reject or disapprove work
which is found to be defective. If defective work is found, Contractor shall
promptly either correct all defective work or remove such defective work and
replace it with non -defective work. Contractor shall bear all direct and indirect
costs of such removal or corrections including cost of testing laboratories and
personnel.
9.2 Should Contractor fail or refuse to remove or correct any defective work or to make
any necessary repairs in accordance with the requirements of this Agreement
within the time indicated in writing by the City Manager or its designee, the City
shall have the authority to cause the defective work to be removed or corrected, or
make such repairs as may be necessary at Contractor's expense. Any expense
incurred by the City in making such removals, corrections or repairs, shall be paid
for out of any monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully, which is not
cured in the cure period, the City may declare Contractor in default.
9.3 If, within one (1) year after the date of completion of Services or such longer
period of time as may be prescribed by the terms of any applicable special
warranty required by the Contract Documents, or by any specific provision(s) of
this Agreement, any of the work is found to be defective or not in accordance with
this Agreement, Contractor, after receipt of written notice from the City or its designee,
shall promptly correct such defective or nonconforming work within the time specified
by the City without cost to the City. Nothing contained herein shall be construed to
establish a period of limitation with respect to any other obligation which
Contractor might have under this Agreement including but not limited to any claim
regarding latent defects.
9.4 Failure to reject any defective work or material shall not in any way prevent
later rejection when such defect is discovered, or obligate the City to final
acceptance.
9.5 Where the City or its designee becomes aware of faults, defects or non -conformity
in any of the work provided under this Agreement or with the work being
performed by the Contractor, the City or its designee shall issue a Notice to Cure
to the Contractor for correction. In no event shall the failure of the City or its
designee to bring to the attention of the Contractor of such faults act as a waiver or
release the Contractor from responsibility or liability for such fault, defect or non-
conforming work.
Team Contracting Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
10. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in
a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate the
Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after ten (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an amount
equal to the actual cost of a third party to cure such failure. If Contractor fails,
refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor shall be delivered to the City and
the City shall compensate the Contractor for all Services satisfactorily
performed prior to the date of termination.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor for
the purposes of set-off until such time as the exact amount of damages due the
City from the Contractor is determined.
B. Termination for Convenience of City. The City may, for its convenience and without
cause terminate the Services then remaining to be performed at any time by giving
Contractor ten (10) days written notice. The terms of Paragraph 11 A(i) and A(ii)
above shall be applicable hereunder.
C. Termination for Insolvency. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either in
voluntary or involuntary bankruptcy or makes any assignment for the benefit of
creditors.
11. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of
this Agreement or any time for a period of ten (10) years subsequent to that date upon which the
Contractor shall leave the employment of the City for any reason whatsoever, disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement,
any information which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any other
remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions.
12. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall
be interpreted and construed in accordance with and governed by the laws of the State of Florida.
All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder
Team Contracting Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
enforce any term or provision under this Agreement and the City is the prevailing party then the
City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
by the City pursuant to Section 768.28, Florida Statutes.
13. NOTICES. All notices and other communications required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service,
or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or
registered mail, first class postage prepaid, return receipt requested or by overnight delivery by
traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher J. Russo
With a copy to:
City Manager
Edward Dion, Esq.
City of Sunny Isles Beach
City Attorney
18070 Collins Avenue
City of Sunny Isles Beach
Fourth Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Fourth Floor
Tel: (305) 792-1776
Sunny Isles Beach, Florida 33160
Tel: 305 792-1766
If to the
Daniel A. Gell
Contractor:
V.P./Sr. Project Manager
Team Contracting, Inc.
13911 SW 42nd Street, Suite 209
Miami, FL 33175
dgellgteam-contracting com
305 207-9799 ext 205
14. PUBLIC RECORDS. The Contractor shall be required to comply with the following
requirements under Florida's Public Records Law:
(i.) Contractor shall keep and maintain public records required by the City to perform the
service.
(ii.) Upon request from the City, Contractor shall provide the City 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.
(iii.) 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
Team Contracting Inc. 7
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
duration of the contract term and following completion of the contract if the Contractor does not
transfer the records to the City.
(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all
public records in possession of the Contractor or keep and maintain public records required by the
City to perform the service. If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided by Contractor to the City, upon request from the City, in a format that is compatible with
the information technology systems of the City.
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 CITY'S CUSTODIAN OF PUBLIC
RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4"
Floor, Sunny Isles Beach, Florida 33160.
15. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of three (3) years.
16. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of
the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development
Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with
Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will
not discriminate against any employee or applicant for employment because of race, color, creed,
religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
status with regard to public assistance.
The Contractor will take affirmative action to ensure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay or other forms of compensation, and selection for training, including apprenticeship.
The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which
prohibits discrimination against the handicapped in any Federally assisted program.
17. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the
City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
Team Contracting Inc. g
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
which should conflict in any manner or degree with the performance of Services under this
Agreement. The Contractor further covenants that in the performance of this Agreement, no
person having any such interest shall knowingly be employed by the Contractor. The Contractor
guarantees that he/she has not offered or given to any member of, delegate to the Congress of the
United States, any or part of this contract or to any benefit arising therefrom.
18. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by
the professional negligence, error or omission of the Contractor or persons employed or utilized
by the Contractor in performance of Services under this Agreement.
Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
directors, officials and employees from and against any and all causes of action, demands, claims,
losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor,
including those of their employees, agents, servants, or officers, or accruing, resulting from, or
directly related to the subject matter of this Agreement including, without limitation, any and all
claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
resulting from injuries or damages sustained by any person or property. In the event any lawsuit
or other proceeding is brought against City by reason of any such claim, cause of action or demand,
Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
counsel satisfactory to City.
The provisions and obligations of this section shall survive the expiration or earlier termination of
this Agreement. To the extent considered necessary by City, any sum due Contractor under this
Agreement may be retained by City until all of City's claims for indemnification pursuant to this
Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
specific consideration to the Contractor for the indemnification set forth in this Agreement.
19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
under this Agreement.
20. LIQUIDATED DAMAGES.
A. Upon failure of the Contractor to complete the work within the time specified for
completion in an executed Task Order, the Contractor shall pay to the City the sum of Five
Hundred Dollars ($500.00) for each and every calendar day that the completion of the
work is delayed beyond the time specified in the Task Order for completion, as fixed and
agreed liquidated damages and not as a penalty, so long as the delay is caused by the
Contractor. Should an act of God or the acts or omissions of the City, its agents or
representatives, in derogation to the terms of this Agreement cause the delay, the
Team Contracting Inc.
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Contractor shall not be responsible for the delay nor liquidated damages. Liquidated
damages are fixed and agreed upon between the Parties, recognizing the impossibility of
precisely ascertaining the amount of damages that will be sustained by the City as a
consequence of such delay and both parties desiring to obviate any question of dispute
concerning the amount of damages and the cost and effect of the failure of the Contractor
to complete the Work on time . Liquidated damages shall apply separately to each portion
of the work for which a time of completion is given. The City shall have the right to deduct
from or retain any compensation which may be due or which may become due and payable
to the Contractor the amount of liquidated damages, and if the amount retained by the City
is insufficient to pay in full such liquidated damages, the Contractor shall pay all liquidated
damages in full. The Contractor shall be responsible for reimbursing the City, in addition
to liquidated damages or other damages for delay, for all costs of engineering, architectural
fees, and inspection and other costs incurred in administering the construction of the
Project beyond the completion date specified or beyond an approved extension of time
granted to the Contractor whichever is later. Delays caused by or resulting from entities,
contractors or subcontractors who are not affiliated with the Contractor shall not give rise
to a claim by Contractor for damages for increase in material and/or labor costs.
B. No Extended Damages: For other and additional good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and
agrees that in the event of any delay of construction or for any reason, allegation or claim,
and notwithstanding the reason of the delay, reason , claim or allegation or who caused
them or the construction delay or whether they were caused by the City, that there will be
no entitlement to Contractor to or for any direct or indirect financial damages or losses for
extended corporate overhead impact, extended project overhead impacts, project support
services, mobilization or demobilization or by whatever other label or legal concept or
theory and types of names or labels or basis such claims may have, or any business damages
or losses of whatever type or nature, and Contractor hereby waives any right to make any
such claim or claims. This provision will have application and effect when construction
delays are anticipated and agreed upon by both the City and the Contractor.
21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
supersede and take priority over any inconsistent or conflicting provisions that are contained in
any other document, including but not limited to Exhibit "A" and "B".
22. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
Israel is prohibited. Consultants must certify that the company is not participating in a boycott of
Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
terminated at the City's option if it is discovered that the entity submitted false documents of
certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if
the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
boycott of Israel. Consultants must submit the certification that is attached to this agreement as
Team Contracting Inc. 10
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Exhibit "C". Submitting a false certification shall be deemed a material breach of contract. The
City shall provide notice, in writing, to the Consultant of the City's determination concerning the
false certification. The Consultant shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination was in error. If the Consultant does
not demonstrate that the City's determination of false certification was made in error, then the
City shall have the right to terminate the contract and seek civil remedies pursuant to Florida
Statute Section 287.135.
23. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless
be binding upon the parties with the same effect as though the void or unenforceable provisions
had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of which
shall be deemed an original for all purposes.
C. This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral
and written negotiations, commitments, agreements and understandings relating hereto.
D. Any modification of this Agreement shall be effective only if in writing and signed
by the parties to this Agreement.
E. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above.
WITNESS:
.:-1-2�
Sig ature
c nep, - —
Print Name
TEAM CONTRACTING, INC.
Daniel . Gell, V.P./Sr. Project Manager
ATTEST: CITY OF SUNNY ISLES BEACH
Team Contacting Inc. 11
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Department Head
APPROVED AS TO FORM
AND LT AL S 71NCY
BY:
ward A. Dion, City Attorney
Team Contracting Inc. 12
City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
EXHIBIT "A"
The City of Fort Lauderdale Invitation to Bid No. 12352-403, Project Number 12517
and Awarded construction agreement dated April 7, 2020
Team Contracting Inc. 13
CITY OF FORT LAUDERDALE
CONTRACT
Annual Concrete and Paver Stones (Project 12517)
DESCRIPTION
Team Contracting, Inc.
CONTRACTOR
$1,800,000
AMOUNT
April 7,,2020
COMMISSION APPROVAL DATE
Page 1 of 47
CITY OF FORT LAUDERDALE
CONSTRUCTION AGREEMENT
THIS AGREEMENT made and entered into this 7th day of April
2020, by and between the City of Fort Lauderdale, a Florida municipal corporation
("City") and Team Contracting, Inc., a Florida corporation ("Contractor"), ("Parties");
WHEREAS, the City desires to enter into a contract for Annual Concrete and
Paver Stones ("Project"), as expressed in its Invitation to Bid No. 12352-403, Project
Number 12517, which was opened on December 24, 2019; and
WHEREAS, the Contractor has expressed its willingness and capability to
perform the necessary work to accomplish the Project;
NOW, THEREFORE, the City and the Contractor, in consideration of the mutual
covenants and conditions contained herein and for other good and valuable
consideration, the receipt and sufficiency is hereby acknowledged, agree as follows:
ARTICLE 1 — DEFINITIONS
Whenever used in this Agreement or in other Contract Documents, the following terms
have the meanings indicated which are applicable to both the singular and plural forms:
1.1 Agreement — This written Agreement between the City and the Contractor
covering the work to be performed including other Contract Documents that are
attached to or incorporated in the Agreement.
1.2 Application for Payment — The form accepted by the City which is to be used by
the Contractor in requesting progress or final payment and which is to include
such supporting documentation as is required by the Contract Documents
1.3 Approve — The word approve is defined to mean review of the material,
equipment or methods for general compliance with design concepts and with the
design concepts and with the information given in the Contract Documents. It
does not imply a responsibility on the part of the City to verify in every detail
conformance with plans and specifications.
1.4 Bid — The offer or Bid of the Contractor submitted on the prescribed form setting
forth the total prices for the Work to be performed.
1.5 Bid Documents — This Agreement, advertisement for Invitation to Bid, the
Instructions to Bidders, the Bid Form (with supplemental affidavits and
agreements), the Contract Forms, General Conditions, the Supplementary
Conditions, the Specifications, and the Plans, which documents all become an
integral part of the Contract Documents.
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1.6 Certificate of Substantial Completion — Certificate provided by the City certifying
that all Work, excluding the punch list items, has been completed, inspected, and
accepted by the City.
1.7 Change Order — A change order is defined as a written order to a contractor
approved by the City, authorizing a revision of an underlying agreement between
the City and a contractor that is directly related to the original scope of work or an
adjustment in the original contract price or the contract time directly related to the
original scope of work, issued on or after the effective date of the contract.
1.8 City — The City of Fort Lauderdale, Florida including but not limited to its
employees, agents, officials, representatives, contractors, subcontractors,
volunteers, successors and assigns, with whom the Contractor has entered into
the Agreement and for whom the Work is to be provided.
1.9 Contract Documents — The Contract Documents shall consist of this Agreement,
Exhibits to this Agreement, Public Construction Bond, Performance Bond,
Payment Bond and Certificates of Insurance, Notice of Award and Notice to
Proceed, General Conditions as amended by the Special Conditions, Technical
Specifications, Plans/Drawings, Addenda, Bid Form and supplement Affidavits
and Agreements, all applicable provisions of State and Federal Law and any
modification, including Change Orders or written amendments duly delivered after
execution of Agreement, Invitation to Bid, Instructions to Bidders and Bid Bond,
Contractor's response to the City's Invitation to Bid, Schedule of Completion,
Schedule of Values, all amendments, modifications and supplements, change
orders and work directive changes issued on or after the Effective Date of the
Agreement, as well as any additional documents that are required to be submitted
under the Agreement.
Permits on file with the City and or those permits to be obtained shall be
considered directive in nature and will be considered a part of this Agreement. A
copy of all permits shall be given to the City for inclusion in the Contract
Documents. Terms of permits shall be met prior to acceptance of the Work and
release of the final payment.
1.10 Contract Price — The monies payable to the Contractor by the City under the
Contract Documents and in accordance with the line item unit prices listed in the
Bid.
1.11 Contract Time — The number of calendar days stated in the Agreement for the
completion of the Work. The dates on which the work shall be started and shall
be completed as stated in the Notice to Proceed.
1.12 Contractor — The person, firm, company, or corporation with whom the City has
entered into the Agreement, including but not limited to its employees, agents,
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representatives, contractors, subcontractors, their subcontractors and their other
successors and assigns.
1.13 Day — A calendar day of twenty-four (24) hours ending at midnight.
1.14 Defective — An adjective which when modifying the word "Work" refers to work
that is unsatisfactory, faulty, or deficient, or does not conform to the Contract
Documents or does not meet the requirements of any inspection, test or approval
referred to in the Contract Documents, or has been damaged prior to the Project
Manager's recommendation of final payment.
1.15 Effective Date of the Agreement — The effective date of the Agreement shall be
the date the City Commission approves the work. The contractor shall provide all
required payment and performance bonds and insurances to the City within ten
(10) Calendar days following the City Commission approval. Upon verification of
all bonds and insurances, the City will issue a notice to proceed (NTP) to the
Contractor. Contract time will commence on the date when the Notice to
Proceed is issued.
1.16 Final Completion Date — The date the Work is completed, including completion of
the final punch list, and delivered along with those items specified in the Contract
Documents and is accepted by the City,
1.17 Hazardous Materials (HAZMAT) — Any solid, liquid, or gaseous material that is
toxic, flammable, radioactive, corrosive, chemically reactive, or unstable upon
prolonged storage in quantities that could pose a threat to life, property, or the
environment defined in Section 101(14) of Comprehensive Environmental
Response, Compensation and Liability Act of 1980 and in 40 CFR 300.6. Also
defined by 49 CFR 171.8 as a substance or material designated by the Secretary
of Transportation to be capable of posing an unreasonable risk to health, safety,
and property when transported in commerce and which has been so designated.
1.18 Hazardous Substance — As defined by Section 101(14) of the Comprehensive
Environmental Response, Compensation and Liability Act; any substance
designated pursuant to Section 311(b)(2)(A) of the Clean Water Act; any
element, compound, mixture, solution or substance designated pursuant to
Section 102 identified under or listed pursuant to Section 3001 of the Solid Waste
Disposal Act {but not including any waste listed under Section 307[a] of the
Clean Water Act}; any hazardous air pollutant listed under Section 112 of the
Clean Air Act; and any imminently hazardous chemical substance or mixture
pursuant to Section 7 of the Toxic Substances Control Act. The term does not
include petroleum, including crude oil or any fraction thereof, which is not
otherwise specifically listed or designated as a hazardous substance in the first
sentence of this paragraph, and the term does not include natural gas, natural
gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of
natural gas and such synthetic gas).
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1.19 Hazardous Waste —Those solid wastes designated by OSHA in accordance with
40 CFR 261 due to the properties of ignitability, corrosivity, reactivity, or toxicity.
Any material that is subject to the Hazardous Waste Manifest requirements of the
EPA specified in 40 CFR Part 262.
1.20 Holidays — Those designated non -workdays as established by the City
Commission of the City of Fort Lauderdale.
1.21 Inspection — The term "inspection" and the act of inspecting as used in this
Agreement is defined to mean the examination of construction to ensure that it
conforms to the design concept expressed in the plans and specifications. This
term shall not be construed to mean supervision, superintending and/or
overseeing.
1.22 Notice of Award — The written notice by City to the Contractor stating that upon
compliance by the Contractor with the conditions precedent enumerated therein,
within the time specified that the City will sign and deliver this Agreement.
1.23 Notice to Proceed — A written notice given by the City to the Contractor fixing the
date on which the Contract Time will commence to run and on which the Contract
Time will end. The Contractor shall commence the work immediately upon
receipt of the Notice to Proceed. Failure of the contractor to proceed with the
work will constitute nonperformance of the Contractor and would be ground for
termination of the contract per Article 17 of the Agreement.
1.24 Plans — The drawings which show the character and scope of the work to be
performed and which have been prepared or approved by the City and are
referred to in the Contract Documents.
1.25 Premises (otherwise known as Site or Work Site) — means the land, buildings,
facilities, etc. upon which the Work is to be performed.
1.26 Project — The total construction of the Work to be provided as defined in the
Contract Documents.
1.27 Project Manager — The employee of the City, or other designated individual who
is herein referred to as the Project Manager, will assume all duties and
responsibilities and will have the rights and authorities assigned to the Project
Manager in the contract Documents in connection with completion of the Work in
accordance with this Agreement. The Project Manager, or designee, shall be the
authorized agent for the City unless otherwise specified.
1.28 Punch List — The City's list of Work yet to be done or be corrected by the
Contractor, before the Final Completion date can be determined by the City.
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1.29 Record Documents — A complete set of all specifications, drawings, addenda,
modifications, shop drawings, submittals and samples annotated to show all
changes made during the construction process.
1.30 Record Drawings or "As-Builts" — A set of drawings which show significant
changes in the work made during construction and which are usually based on
drawings marked up in the field and other data furnished by the contractor.
These documents will be signed and sealed by the Engineer of Record or a
Professional Land Surveyor licensed in the State of Florida.
1.31 Substantially Completed Date — A date when the Contractor has requested in
writing, stating that the Work is substantially completed and is ready for an
inspection and issuance of a final punch list for the Project.
1.32 Work — The entire completed delivered product or the various separately
identifiable parts thereof required to be furnished under the Contract Documents.
Work is the result of performing services, furnishing labor and furnishing and
incorporating material and equipment into the product, all as required by the
Contract Documents.
ARTICLE 2 — SCOPE OF WORK
2.1 The Contractor shall complete all work as specified or indicated in the Contract
Documents. The Project for which the Work under the Contract Documents may
be the whole or only part is generally described as follows:
ANNUAL CONCRETE AND PAVER STONES
ITB 12352-403 PROJECT 12517
2.2 This project consists of no drawing sheets. The Work generally involves:
PROJECT DESCRIPTION
This project is located Citywide, in the City of Fort Lauderdale. This is an annual
contract without fixed volume of work. Work will be dependent upon the desire of the
City to perform work on a task order basis. Work in the first year will include, but is not
limited to, installation of 6-inch thick concrete sidewalk, various curbs, brick pavers,
limerock base of various depths, type S-3 asphaltic concrete, thermoplastic pavement
marking, ADA concrete ramps, removal of asphalt, tree root pruning and other items
quantified in the proposal pages of this Contract.
2.3 Within ten (10) days of the execution of this Agreement, the Contractor shall
submit a Construction Schedule, Schedule of Values and a listing of those
subcontractors that will be utilized by the Contractor. The general sequence of
the work shall be submitted by the Contractor and approved by the City before
any work commences. The City reserves the right to issue construction
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directives necessary to facilitate the Work or to minimize any conflict with
operations.
ARTICLE 3 — PROJECT MANAGER
3.1 The Project Manager is hereby designated by the City as Barbara Howell, whose
address is 100 N. Andrews Avenue, 4th Floor, Fort Lauderdale, FL 33301. The
Project Manager will assume all duties and responsibilities and will have the
rights and authorities assigned to the Project Manager in the Contract
Documents in connection with completion of the Work in accordance with this
Agreement.
ARTICLE 4 — CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement between the City and
Contractor are attached to this Agreement, are made a part hereof and consist of the
following:
4.1 This Agreement. There are no exhibits to this Agreement.
4.2 The Contract Documents may only be altered, amended, or repealed in
accordance with the specific provisions of the terms of this Agreement.
4.3 Public Construction Bond, Performance Bond, Payment Bond and Certificates of
Insurance.
4.4 Notice of Award and Notice to Proceed.
4.5 General Conditions as amended by the Special Conditions.
4.6 Technical Specifications.
4.7 Plans/Drawings.
4.8 Addenda number 1, inclusive.
4.9 Bid Form and supplement Affidavits and Agreements.
4.10 All applicable provisions of State and Federal Law.
4.11 Invitation to Bid No. 12352-403, Instructions to Bidders, and Bid Bond.
4.12 Contractor's response to the City's Invitation to Bid No, 12352-403, dated
January 20, 2020.
4.13 Schedule of Completion and Schedule of Values.
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4.14 All amendments, modifications and supplements, change orders and work
directive changes issued on or after the Effective Date of the Agreement.
4.15 Any additional documents that are required to be submitted under the
Agreement.
4.16 Permits on file with the City and or those permits to be obtained shall be
considered directive in nature and will be considered a part of this Agreement. A
copy of all permits shall be given to the City for inclusion in the Contract
Documents. Terms of permits shall be met prior to acceptance of the Work and
release of the final payment.
In the event of any conflict between the documents or any ambiguity or missing
specification or instruction, the following priority is established:
a. Approved change orders, addenda or amendments.
b. Specifications (quality) and Drawings (location and quantity).
c. Supplemental conditions or special terms.
d. General Terms and Conditions.
e. This Agreement.
f. Invitation to Bid No. 12352-403, and the specifications prepared by the City.
g. Contractor's response to the City's Invitation to Bid No. 12352-403, dated
January 20, 2020.
h. Schedule of Values.
i. Schedule of Completion.
If during the performance of the Work, Contractor finds a conflict, error or discrepancy in
the Contract Documents, Contractor shall so report to the Project Manager, in writing, at
once and before proceeding with the Work affected shall obtain a written interpretation
or clarification from the City.
It is the intent of the specifications and plans to describe a complete Project to be
constructed in accordance with the Contract Documents. Any Work that may
reasonably be inferred from the specifications or plans as being required to produce the
intended result shall be supplied whether or not it is specifically called for. When words
which have a well-known technical or trade meaning are used to describe Work,
materials, or equipment, such works shall be interpreted in accordance with such
meaning. Reference to standard specifications, manuals or codes of any technical
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society, organization or associations, or to the code of any governmental authority
whether such reference be specific or implied, shall mean the latest standard
specification, manual or code in effect as of the Effective Date of this Agreement, except
as may be otherwise specifically stated. However, no provision of any referenced
standard specification, manual or code (whether or not specifically incorporated by
reference in the Contract Documents) shall change the duties and responsibilities of the
City, the Contractor, or any of their agents or employees from those set forth in the
Contract Documents.
ARTICLE 5 — CONTRACT TIME
5.1 The initial contract term shall commence upon the date specified in the Notice To
Proceed given by the City and shall expire two (2) years from that date. The City
reserves the right to extend the contract for two (2) additional one (1) year terms,
providing all terms, conditions and specifications remain the same, both parties
agree to the extension, and such extension is approved by the City.
5.2 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work on each
Task Order shall commence immediately upon the Contractor's receipt of an
executed Task
Order.
5.3 The Contractor shall mobilize to the project site and begin construction activities
within seven (7) calendar days of receipt of the executed Task Order or by the
specific date noted within the Task Order (whichever applies).
5.4 The Work on each Task Order shall be substantially completed within the
timeframe agreed upon and noted in each executed Task Order.
5.5 The Work on each Task Order shall be finally completed on or before the Final
Completion Date and ready for final payment in accordance with Final
Completion Date agreed upon and noted in each executed Task Order.
5.6 In the event services are scheduled to end because of the expiration of this
contract, the Contractor shall continue the service upon the request of the City as
authorized by the awarding authority. The extension period shall not extend for
more than ninety (90) days beyond the expiration date of the existing contract.
The Contractor shall be compensated for the service at the rate in effect when
this extension clause is invoked by the City.
5.7 The termination date for issuance of Task Orders shall be when the funds are
depleted or when the termination date of the contract is reached, whichever
comes first. All task orders issued before the contract termination must be
completed under this contract even if contract has expired,
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ARTICLE 6 — CONTRACT PRICE
6.1 City shall pay Contractor for performance of the Work in accordance with Article
7, subject to additions and deletions by Change Order, as provided for in this
Agreement.
6.2 The parties expressly agree that the Contract Price, which shall not exceed the
amount of 1 800 000, constitutes the total maximum compensation payable to
Contractor for performing the Work, plus any Work done pursuant to a Change
Order. The Contract Price is in accordance with the line item unit prices listed in
the Bid. Line items are based on a unit price cost multiplied by a defined
quantity. Any additional duties, responsibilities and obligations assigned to or
undertaken by Contractor shall be at Contractor's expense without change to the
Contract Price.
6.3 The Contract Price constitutes the compensation payable to Contractor for
performing the Work plus any Work done pursuant to a Change Order. All duties,
responsibilities and obligations assigned to or undertaken by Contractor shall be
at Contractor's expense without change in the Contract price. .
ARTICLE 7 — PAYMENT
7.1 Contractor shall submit Applications for Payment-in-accordance-with-the-C—ontract - - --
Documents. Applications for Payment will be processed by City as provided in
the General Conditions.
7.2 Progress Payments. City shall make progress payments on account of the
Contract Price on the basis of Contractor's monthly Applications for Payment,
which shall be submitted by the Contractor between the first (15t) and the tenth
(10th) day after the end of each calendar month for which payment is requested.
All progress payments will be made on the basis of the progress of the Work
completed.
7.3 , Prior to Final Completion, progress payments will be made in an amount equal to
ninety percent (90%) of the value of Work completed less in each case the
aggregate of payments previously made.
7.4 Final Payment. Upon final completion of the Work in accordance with the
General Conditions, as may be supplemented, the City shall pay Contractor an
amount sufficient to increase total payments to one -hundred percent (100%) of
the Contract Price. However, not less than ten percent (10%) of the Contract
Price shall be retained until Record Drawings (as-builts), specifications, addenda,
modifications and shop drawings, including all manufacturers' instructional and
parts manuals are delivered to and accepted by the City.
7.5 City may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
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7.5.1 Defective work not remedied.
7.5.2 Claims filed or reasonable evidence indicating probable filing of claims by
other parties against Contractor or City because of Contractor's
performance.
7.5.3 Failure of Contractor to make payments properly to Subcontractors or for
material or labor.
7.5.4 Damage to another contractor not remedied.
7.5.5 Liquidated damages and costs incurred by Consultant for extended
construction administration, if applicable.
7.5.6 Failure of Contractor to provide any and all documents required by the
Contract Documents.
When the above grounds are removed or resolved satisfactory to the Project Manager,
payment shall be made in whole or in part.
7.6 The City shall make payment to the Contractor in accordance with the Florida
Prompt Payment Act, Section 218.70, Florida Statutes.
7.7 The City shall make payment to the Contractor through utilization of the City's P-
Card Program.
ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS
In order to induce the City to enter into this Agreement, Contractor makes the following
representations upon which the City has relied:
8.1 Contractor is qualified in the field of public construction and in particular to
perform the Work and services set forth in this Agreement.
8.2 Contractor has visited the Work Site, has conducted extensive tests,
examinations and investigations and represents and warrants a thorough
familiarization with the nature and extent of the Contract Documents, the Work,
locality, soil conditions, moisture conditions and all year-round local weather and
climate conditions (past and present), and, in reliance on such tests, examination
and investigations conducted by Contractor and the Contractor's experts, has
determined that no conditions exist that would in any manner affect the Proposed
Price and that the Project can be completed for the Proposed Price submitted
within the Contract Time as defined in this Agreement. Furthermore, Contractor
warrants and confirms that it is totally familiar with, understands and obligates
Contractor to comply with all federal, state and local laws, ordinances, rules,
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regulations and all market conditions that affect or may affect the cost and price
of materials and labor needed to fulfill all provisions of this Agreement or that in
any manner may affect cost, progress or performance of the Work.
8.3 The Contractor has satisfied itself as to the nature and location of the Work under
the Contract Documents, the general and local conditions of the Project,
particularly those bearing upon availability of transportation, disposal, handling
and storage of materials, availability of labor, water, electric power, and roads,
the conformation and conditions at the ground based on City provided reports,
the type of equipment and facilities needed preliminary to and during the
prosecution of the Work and all other matters which can in any way affect the
Work or the cost thereof under the Contract Documents.
8.4 The Contractor has also studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost,
progress or performance of the Works, and finds and has further determined that
no conditions exist that would in any manner affect the Proposed Price and that
the Project can be completed for the Proposed Price submitted.
8.5 Contractor has made or caused to be made examinations, investigations, tests
and studies of such reports and related data in addition to those referred to in
Paragraphs 8.2, 8.3 and 8.4 above as he deems necessary for the performance
of the Work at the Contract Prices, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents; and no additional
examinations, investigations, tests, reports or similar data are, or will be, required
by Contractor for such purposes. Contractor has correlated the results of all
such observations, examinations, investigations, tests, reports and data with the
terms and conditions of the Contract Documents.
8.6 Contractor has given City written notice of all conflicts, errors or discrepancies
that it has discovered in the Contract Documents and the written resolution by
City is acceptable to the Contractor.
8.7 Labor:
8.7.1 The Contractor shall provide competent, suitable qualified personnel to
survey and lay out the Work and perform construction as required by the
Contract Documents. The Contractor shall at all times maintain good
discipline and order at the site.
8.7.2 The Contractor shall, at all times, have a competent superintendent,
capable of reading and thoroughly understanding the drawings and
specifications, and shall, as the Contractor's agent, supervise, direct and
otherwise conduct the Work.
8.7.3 The Contractor shall designate the superintendent on the job to the City, in
writing, immediately after receipt of the Notice to Proceed. The Contractor
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understands and agrees that the superintendent's physical presence on
the job site is indispensable to the successful completion of the Work. If
the superintendent is frequently absent from the job site, the Project
Manager may deliver written notice to the Contractor to stop work or
terminate the Contract in accordance with Article 17.
8.7.4 The Contractor shall assign personnel to the job site that have
successfully completed training programs related to trench safety,
confined space and maintenance of traffic. A certified "competent person"
shall be assigned to the job site. Personnel certified by the International
Municipal Signal Associations with Florida Department of Transportation
qualifications are required relative to maintenance of traffic. Failure to
pursue the Work with the properly certified supervisory staff may result in
notice to stop work or terminate the Contract in accordance with Article 17.
8.8 Materials:
8.8.1 The Contractor shall furnish all materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances, fuel, power,
light, heat, telephone, water and sanitary facilities and all other facilities
and incidentals necessary for the execution, testing, initial operation and
completion of Work.
8.8.2 All material and equipment shall be of good quality and new, except as
otherwise provided in the Contract Documents. Suppliers shall be
selected and paid by the Contractor; the City reserves the right to approve
all suppliers and materials.
8.9 Work Hours: Except in connection with the safety or protection of persons, or the
Work, or property at the site or adjacent, thereto, and except as otherwise
indicated in the Supplementary Conditions, all work at the site shall be performed
during regular working hours between 7:00 a.m. and 6:00 p.m., Monday through
Friday. The Contractor will not permit overtime work or the performance of work
on Saturday, Sunday or any legal holiday (designated by the City of Fort
Lauderdale) without the Project Manager's written consent at least seventy-two
(72) hours in advance of starting such work. If the Project Manager permits
overtime work, the Contractor shall pay for the additional charges to the City with
respect to such overtime work. Such additional charges shall be a subsidiary
obligation of the Contractor and no extra payment shall be made to the
Contractor for overtime work. The cost to the Contractor to reimburse the City for
overtime inspection is established at direct -labor and overtime costs for each
person or inspector required. Incidental overtime costs for engineering, testing
and other related services will also be charged to the Contractor at the actual
rate accrued.
8.10 Patent Fee and Royalties: The Contractor shall pay all license fees and royalties
and assume all costs incident to the use in the performance of the Work or the
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incorporation in the Work, or any invention, design, process, product or device
which is the subject of patent rights or copyrights held by others. The Contractor
hereby expressly binds himself or itself to indemnify and save harmless the City
from all such claims and fees and from any and all suits and action of every
name and description that may be brought against City on account of any such
claims, fees, royalties, or costs for any such invention or patent, and from any
and all suits or actions that may be brought against said City for the infringement
of any and all patents or patent rights claimed by any person, firm corporation or
other entity.
8.11 Permits: The Contractor shall obtain and pay for all permits and licenses. There
shall be no allowance for Contractor markup, overhead or profit for permits and
licenses. The Contractor shall pay all government charges which are applicable
at the time of opening of proposals. It shall be the responsibility of the Contractor
to secure and pay for all necessary licenses and permits of a temporary nature
necessary for the prosecution of Work.
8.12 Law and Regulations: The Contractor shall give all notices and comply with all
laws, ordinances, rules and regulations applicable to the Work. If the Contractor
observes that the specifications or plans are at variance therewith, the Contractor
shall give the Project Manager prompt written notice thereof, and any necessary
changes shall be adjusted by any appropriate modifications. If the Contractor
performs any work knowing or having reason to know that it is contrary to such
laws, ordinances, rules and regulations, and without such notice to the Project
Manager, the Contractor shall bear all costs arising therefrom; however, it shall
not be the Contractor's primary responsibility to make certain that the
specifications and plans are in accordance with such laws, ordinances, rules and
regulations.
8.13 Taxes: The Contractor shall pay all sales, consumer, use and other similar taxes
required to be paid by it in accordance with the laws of the City of Fort
Lauderdale, County of Broward, and State of Florida.
8.14 Contractor Use of Premises: The Contractor shall confine construction
equipment, the storage of materials and equipment and the operations of
workmen to areas permitted by law, ordinances, permits and/or the requirements
of the Contract Documents, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment. The Contractor
shall not enter upon private property for any purpose without first securing the
permission of the property owner in writing and furnishing the Project Manager
with a copy of said permission. This requirement will be strictly enforced,
particularly with regard to such vacant properties as may be utilized for storage
or staging by the Contractor.
The Contractor shall conduct his work in such a manner as to avoid damage to
adjacent private or public property. Any damage to existing structures of work of
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any kind, including permanent reference
the interruption of a utility service, shall
expense to the City or property owner.
markers or property corner markers, or
be repaired or restored promptly at no
The Contractor will preserve and protect all existing vegetation such as trees,
shrubs and grass on or adjacent to the site which do not reasonably interfere with
the construction, as determined by the Project Manager. The Contractor will be
responsible for repairing or replacing any trees, shrubs, lawns and landscaping
that may be damaged due to careless operation of equipment, stockpiling of
materials, tracking of grass by equipment or other construction activity. The
Contractor will be liable for, or will be required to replace or restore at no
expense to the City all vegetation not protected or preserved as required herein
that may be destroyed or damaged.
During the progress of the work, the Contractor shall keep the premises free from
accumulations of waste materials, rubbish and debris resulting from the Work. At
the completion of the Work, the Contractor shall remove all waste materials,
rubbish and debris from and about the premises as well as all tools, appliances,
construction equipment and machinery, and surplus materials and shall leave the
site clean and ready for occupancy by the City. The Contractor shall restore to
their original condition those portions of the site not designated for alteration by
the Contract Documents at no cost to the City.
8.15 Proiect Coordination: The Contractor shall provide for the complete coordination
of the construction effort. This shall include, but not necessarily be limited to,
coordination of the following:
8.15.1 Flow of material and equipment from suppliers.
8.15.2 The interrelated work with affected utility companies.
8.15.3 The interrelated work with the City where tie-ins to existing facilities are
required.
8.15.4 The effort of independent testing agencies.
8.15.5 Notice to affected property owners as may be directed by the Project
Manager.
8.16 Proiect Record Documents and Final As-Builts (Record Drawings): Contractor
shall be responsible for maintaining up-to-date redline as -built drawings, on site,
at all times during construction. All as -built information shall be surveyed and
verified by a professional land surveyor registered in the State of Florida.
Contractor shall provide the City with a minimum of three (3) sets of signed and
sealed record drawings (Final As-Builts) and a CD of the electronic drawings files
created in AutoCad 2014 or later. All costs associated with survey work required
for construction layout and as -built preparation shall be the responsibility of the
Contractor.
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8.17 Safety and Protection:
8.17.1 The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Work. The Contractor shall take all necessary precautions for the safety
of, and shall provide the necessary protection to prevent damage, injury or
loss to:
8.17.1.1 All employees working on the project and other persons who
may be affected thereby.
8.17.1.2 All the Work and all materials or equipment to be incorporated
therein, whether in storage on or off the site.
8.17.1.3 Other property at the site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in
the course of construction.
8.17.2 The Contractor shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. The Contractor shall notify owners of adjacent property and
utilities when execution of the Work may affect them at least seventy-two
(72) hours in advance (unless otherwise required). All damage, injury or
loss to any property caused, directly or indirectly, in whole or in part by the
Contractor, any subcontractor or anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, shall be
remedied by the Contractor. The Contractor's duties and responsibilities
for safety and protection of the Work shall continue until such time as all
the Work is completed and accepted by the City.
8.18 Emergencies: In emergencies affecting the safety or protection of persons or the
Work or property at the site or adjacent thereto, the Contractor, without special
instruction or authorization from the City, is obligated to act to prevent threatened
damage, injury or loss. The Contractor shall give the Project Manager prompt
written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby.
8.20 Risk of Loss: The risk of loss, injury or destruction shall be on the Contractor
until acceptance of the Work by the City. Title to the Work shall pass to the City
upon acceptance of the Work by the City.
8.21 Environmental: The Contractor has fully inspected the Premises and agrees,
except as to the presence of any asbestos, to accept the Premises in an "as is"
physical condition, without representation or warranty by the City of any kind,
including, without limitation, any and all existing environmental claims or
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obligations that may arise from the presence of any "contamination" on, in or
about the Premises. Further, Contractor and all entitles claiming by, through or
under the Contractor, releases and discharges the City, from any claim, demand,
or cause of action arising out of or relating to the Contractor's use, handling,
storage, release, discharge, treatment, removal, transport, decontamination,
cleanup, disposal and/or presence of any hazardous substances including
asbestos on, under, from or about the Premises. The Contractor shall have no
liability for any pre-existing claims or "contamination" on the Premises.
The Contractor shall not use, handle, store, discharge, treat, remove, transport,
or dispose of Hazardous Substances including asbestos at, in, upon, under, to or
from the Premises until receipt of instructions from the City. At such time, a City
approved Change Order, which shall not include any profit, shall authorize the
Contractor to perform such services.
The Contractor shall immediately deliver to the Project Manager complete copies
of all notices, demands, or other communications received by the Contractor
from any governmental or quasi -governmental authority or any insurance
company or board of fire underwriters or like or similar entities regarding in any
way alleged violations or potential violations of any Environmental Law or
otherwise asserting the existence or potential existence of any condition or
activity on the Premises which is or could be dangerous to life, limb, property, or
the environment.
For other and additional consideration, the Contractor hereby agrees, at its sole
cost and expense, to indemnify and protect, defend, and hold harmless the City
and its respective employees, agents, officials, officers, representatives,
contractors, subcontractors, successors, and assigns from and against any and
all claims, demands, losses, damages, costs, expenses, including but not limited
to mitigation, restoration, and natural restoration expenses, liabilities,
assessments, fines, penalties charges, administrative and judicial proceedings
and orders, judgments, causes of action, in law or in equity, remedial action
requirements and/or enforcement actions of any kind (including, without
limitation, attorneys' fees and costs) directly or indirectly arising out of or
attributable to, in whole or in part, the Contractor's use, handling, storage,
release, threatened release, discharge, treatment, removal, transport,
decontamination, cleanup, disposal and/or presence of a Hazardous Substance
(excluding asbestos) on, under, from, to or about the Premises or any other
activity carried on or undertaken on or off the Premises by the Contractor or its
employees, agents or subcontractors, in connection with the use, handling,
storage, release, threatened release, discharge, treatment, mitigation, natural
resource restoration, removal, transport, decontamination, cleanup, disposal
and/or presence or any Hazardous Substance including asbestos located,
transported, or present on, undue, from, to, or about the Premises. This
indemnity is intended to be operable under 42 U.S.C. sections 9607, as
amended, and any successor section.
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The scope of the indemnity obligations includes, but is not limited to: (a) all
consequential damages; (b) the cost of any required or necessary repair,
cleanup, or detoxification of the applicable real estate and the preparation and
implementation of any closure, remedial or other required plan, including without
limitation; (i) the costs of removal or remedial action incurred by the United
States government or the State of Florida or response costs incurred by any
other person, or damages from injury to destruction of, or loss of, natural
resources, including the cost of assessing such injury, destruction, or loss,
incurred pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, as amended; (ii) the clean-up costs, fines,
damages, or penalties incurred pursuant to any applicable provisions of Florida
law; and (iii) the cost and expenses of abatement, correction or cleanup, fines,
damages, response costs, or penalties which arise from the provisions of any
other statute, law, regulation, code ordinance, or legal requirement state or
federal; and (c) liability for personal injury or property damage arising under any
statutory or common law tort theory, including damages assessed for the
maintenance of a public private nuisance, response costs, or for the carrying on
of an abnormally dangerous activity.
8.22 No Extended Damages: For other and additional good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the
Contractor covenants and agrees that in the event of any delay of construction or
for any other reason or allegation or claim, and notwithstanding the reason of the
delay, reason, claim or allegation or who caused them or the construction delay
or whether they were caused by the City, that there will be no entitlement to
Contractor to or for any direct or indirect financial damages or losses for
extended corporate overhead impact, extended project overhead impacts, project
support services, mobilization or demobilization or by whatever other label or
legal concept or theory and types of names or labels or basis such claims may
have, or any business damages or losses of whatever type or nature, and
Contractor hereby waives any right to make any such claim or claims. This
provision will have application and effect when construction delays are
anticipated and agreed upon by both the City and the Contractor.
8.23 No Liens: If any subcontractor, supplier, laborer, or materialmen of Contractor or
any other person directly or indirectly acting for or through Contractor files or
attempts to file a mechanic's or construction lien against the real property on
which the work is performed or any part or against any personal property or
improvements or claim against any monies due or to become due from the City
to Contractor or from Contractor to a subcontractor, for or on account of any
work, labor, services, material, equipment, or other items furnished in connection
with the Work or any Change Order, Contractor agrees to satisfy, remove, or
discharge such lien or claim at its own expense by bond, payment, or otherwise
within twenty (20) days of the filing or from receipt of written notice from the City.
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Additionally, until such time as such lien or claim is satisfied, removed or
discharged by Contractor, all monies due to Contractor, or that become due to
Contractor before the lien or claim is satisfied, removed or otherwise discharged,
shall be held by City as security for the satisfaction, removal and discharge of
such lien and any expense that may be incurred while obtaining such. If
Contractor shall fail to do so, City shall have the right, in addition to all other
rights and remedies provided by this Agreement or by law, to satisfy, remove, or
discharge such lien or claim by whatever means City chooses at the entire and
sole cost and expense of Contractor which costs and expenses shall, without
limitation, include attorney's fees, litigation costs, fees and expenses and all court
costs and assessments.
8.24 Weather Emergencies: Upon issuance of a hurricane watch by the National
Weather Service, the Contractor shall submit to the City a plan to secure the
work area in the event a hurricane warning is issued. The plan shall detail how
the Contractor will secure the Premises, equipment and materials in a manner as
to prevent damage to the Work and prevent materials and equipment from
becoming a hazard to persons and property on and around the Premises. The
plan shall include a time schedule required to accomplish the hurricane
preparations and a list of emergency contacts that will be available and in the
City before, during and immediately after the storm.
Upon issuance of a hurricane warning by the National Weather Service, if the
Contractor has not already done so, the Contractor shall implement its hurricane
preparedness plan. Cost of development and implementation of the hurricane
preparedness plan shall be considered as incidental to construction. Cost of any
clean up and rework required after the storm will be considered normal
construction risk within Florida and shall not entitle the Contractor to any
additional compensation. Contractor shall be entitled to request an extension in
time for completion of the Work, in accordance with the provisions of Article 15 of
this Agreement, equal to the time he is shut down for implementation of the
preparedness plan, the duration of the storm and a reasonable period to restore
the Premises.
8.25 Force Maieure: No Party shall hold the other responsible for damages or for
delays in performance caused by force majeure, acts of God, or other acts or
circumstances beyond the control of the other party or that could not have been
reasonably foreseen and prevented. For this purposes, such acts or
circumstances shall include, but not be limited to weather conditions affecting
performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial
disturbances, or protest demonstrations. Should such acts or circumstances
occur, the parties shall use their best efforts to overcome the difficulties arising
therefrom and to resume the Work as soon as reasonably possible with the
normal pursuit of the Work.
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Inclement weather, continuous rain for less than three (3) days or the acts or
omissions of subcontractors, third -party contractors, materialmen, suppliers, or
their subcontractors, shall not be considered acts of force majeure.
No Party shall be liable for its failure to carry out its obligations under the
Agreement during a period when such Party is rendered unable by force majeure
to carry out its obligation, but the obligation of the Party or Parties relying on such
force majeure shall be suspended only during the continuance of the inability and
for no longer period than the unexpected or uncontrollable event.
The Contractor further agrees and stipulates, that its right to excuse its failure to
perform by reason of force majeure shall be conditioned upon giving written
notice of its assertion that a Force Majeure delay has commenced within 96
hours after such an occurrence. The Contractor shall use its reasonable efforts to
minimize such delays. The Contractor shall promptly provide an estimate of the
anticipated additional time required to complete the Project.
8.26 Participation by Disadvantaged Business Enterprises in Department of
Transportation Financial Assisted Contracts: The recipient shall not discriminate
on the basis of race, color, national origin, or sex in the award and performance
of any DOT -assisted contract or in the administration of its DBE program or the
requirements of 49 CFR part 26. The recipient shall take all necessary and
reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award
and administration of DOT -assisted contracts. The recipient's DBE program, as
required by 49 CFR part 26 and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation
and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the recipient of its failure to carry out its approved program,
the Department may impose sanctions as provided for under part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)
Additionally, the contractor assures that it or the subcontractor shall not
discriminate on the basis of race, color, national origin, or sex in the performance
of this contract. The contractor shall carry out applicable requirements of 49 CFR
part 26 in the award and administration of DOT -assisted contracts. Failure by
the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other
remedy as the recipient deems appropriate. (This additional language must be
included in each subcontract the prime contractor signs with a subcontractor.)
ARTICLE 9 — CITY'S RESPONSIBILITIES
9.1 The City shall furnish the data required of the City under the Contract Documents
promptly and shall make payments to the Contractor promptly after they are due
as provided in Article 7.
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9.2 The City's duties in respect of providing lands and easements and providing
engineering surveys to establish reference points are set forth in the Contract
Documents.
9.3 Technical Clarifications and Interpretations:
9.3.1 The City shall issue, with reasonable promptness, such written
clarifications or interpretations of the Contract Documents as it may
determine necessary, which shall be consistent with or reasonably
inferable from the overall intent of the Contract Documents. Should the
Contractor fail to request interpretation of questionable items in the
Contract Documents, the City shall not entertain any excuse for failure to
execute the Work in a satisfactory manner.
9.3.2 The City shall interpret and decide matters concerning performance under
the requirements of the Contract Documents, and shall make decisions on
all claims, disputes or other matters in question. Written notice of each
claim, dispute or other matter will be delivered by claimant to the other
Party but in no event later than five (5) days after the occurrence of event,
and written supporting date will be submitted to the other Party within five
(5) days after such occurrence. All written decisions of the City on any
claim or dispute will be final and binding.
9.4 The Contractor shall perform all Work to the reasonable satisfaction of the City in
accordance with the Contract Documents. In cases of disagreement or
ambiguity, the City shall decide all questions, difficulties, and disputes of
whatever nature, which may arise under or by reason of this Agreement or the
quality, amount and value of the Work, and the City's decisions on all claims,
questions and determination are final.
ARTICLE 10 — BONDS AND INSURANCE
10.1 Public Construction and Other Bonds: The Contractor shall furnish Public
Construction or Performance and Payment Bonds ("Bond"), each in an amount at
least equal to the Contract Price as security for the faithful performance and
payment of all the Contractor's obligations under the Contract Documents.
These Bonds shall remain in effect until at least one (1) year after the date of
final payment, except as otherwise provided by law. All Bonds shall be furnished
and provided by the surety and shall be in substantially the same form as
prescribed by the Contract Documents and be executed by such sureties as (i)
are licensed to conduct business in the State of Florida, and (ii) are named in the
current list of Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies as published in
Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
Department and (iii) otherwise meet the requirements set forth herein that apply
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to sureties. All Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
10.1.1 Performance Bond: A Corporate Surety Bond legally issued, meeting the
approval of, and running to the City in an amount not less than the
Contract Price of such improvements, conditioned that the Contractor shall
maintain and make all repairs to the improvements constructed by the
Contractor at their own expense and free of charge to the City, for the
period of one (1) year after the date of acceptance of the Work within such
period by reason of any imperfection of the material used or by reason of
any defective workmanship, or any improper, imperfect or defective
preparation of the base upon which any such improvement shall be laid.
The Contractor shall execute and record in the public records of Broward
County, Florida, a payment and performance bond in an amount at least
equal to the Contract Price with a surety insurer authorized to do business
in the State of Florida as surety, ("Bond"), in accordance with Section
255.05, Florida Statutes (2018), as may be amended or revised, as
security for the faithful performance and payment of all of the Contractor's
obligations under the Contract Documents.
10.2 Disqualification of Surety: If the Surety on any Bond furnished by the Contractor
is declared bankrupt or becomes insolvent or its right to do business is
terminated in the State of Florida or it ceases to meet the requirements of
clauses (i) and (ii) of Paragraph 10.1, the Contractor shall within five (5) days
thereafter substitute another Bond and Surety, both of which shall be acceptable
to the City.
10.3 Insurance
10.3.1 Contractor shall provide and shall require all of its sub -contractors
to provide, pay for, and maintain in force at all times during the term
of the Agreement, such insurance, including Property Insurance
(Builder's Risk), Commercial General Liability Insurance, Business
Automobile Liability Insurance, Workers' Compensation Insurance,
Employer's Liability Insurance, and Umbrella/Excess Liability, as
stated below, as well as Professional Liability insurance in the
amount of $1,000,000 for any Architectural and or Engineering
requirements associated with the fulfillment of the contract if
required. Such policy or policies shall be issued by companies
authorized to do business in the State of Florida and having agents
upon whom service of process may be made in the State of Florida.
A Sample Insurance Certificate shall be included with the
proposal to demonstrate the firm's ability to comply with
insurance requirements. Provide a previous certificate or other
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evidence listing the insurance companies' names for all
required coverage, and the dollar amounts of the coverage.
A. The City is required to be named as additional insured on the
Commercial General Liability insurance policy. BINDERS ARE
UNACCEPTABLE. The insurance coverage required shall include
those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the Contractor.
Any exclusions or provisions in the insurance maintained by the
Contractor that precludes coverage for the Work contemplated in
this Agreement shall be deemed unacceptable, and shall be
considered a breach of contract.
B. The Contractor shall provide the City an original Certificate of
Insurance for policies required by Article 10. All certificates shall
state that the City shall be given ten (10) days' notice prior to
expiration or cancellation of the policy. The insurance provided
shall be endorsed or amended to comply with this notice
requirement. In the event that the insurer is unable to
accommodate, it shall be the responsibility of the Contractor to
provide the proper notice. Such notification will be in writing by
registered mail, return receipt requested and addressed to the
Finance Department. Such policies shall: (1) name the insurance
company or companies affording coverage acceptable to the City,
(2) state the effective and expiration dates of the policies, (3)
include special endorsements where necessary. Such policies
provided under Article 10 shall not be affected by any other policy
of insurance, which the City may carry in its own name.
C. Contractor shall as a condition precedent of this Agreement, furnish
to the City of Fort Lauderdale, c/o Project Manager, 100 N.
Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of
Insurance upon execution of this Agreement, which indicate that
insurance coverage has been obtained which meets the
requirements as outlined below:
10.3.2 Property Insurance (Builder's Risk): N/A
10.3.3 Commercial General Liability
A. Limits of Liability:
Bodily Injury and Property Damage - Combined Single Limit
Each Occurrence
$1,000,000
Project Aggregate
$1,000,000
General Aggregate
$2,000,000
Personal Injury
$1,000,000
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Products/Completed Operations $1,000,000
B. Endorsements Required:
City of Fort Lauderdale included as an Additional Insured
Broad Form Contractual Liability
Waiver of Subrogation
Premises/Operations
Products/Completed Operations
Independent Contractors
Owners and Contractors Protective Liability
Contractors Pollution Liability - N/A
10.3.4 Business Automobile Liability
A. Limits of Liability:
Bodily Injury and Property Damage - Combined Single Limit
All Autos used in completing the contract including Hired, Borrowed
or Non -Owned Autos
Any One Accident $1,000,000
B. Endorsements Required:
Waiver of Subrogation
10.3.5 Workers' Compensation and Employer's Liability Insurance
Limits: Workers' Compensation — Per Florida Statute 440
Employers' Liability - $500,000
Any firm performing work on behalf of the City of Fort Lauderdale must
provide Workers' Compensation insurance. Exceptions and exemptions
can only be made if they are in accordance with Florida Law.
Contractor must be in compliance with all applicable State and Federal
workers' compensation laws, including the U.S. Longshore Harbor
Workers' Act or Jones Act.
10.3.6 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess
coverage with limits of no less than $2,000,000 excess of Commercial
General Liability, Automobile Liability and Employer's Liability.
10.3.7 All insurance policies required above shall be issued by companies
authorized to do business under the laws of the State of Florida, with
the following qualifications:
The Contractor's insurance must be provided by an A.M. Best's "A -
"rated or better insurance company authorized to issue insurance
policies in the State of Florida, subject to approval by the City's Risk
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Manager. Any exclusions or provisions in the insurance maintained by
the Contractor that precludes coverage for work contemplated in this
project shall be deemed unacceptable and shall be considered breach
of contract.
NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH
CERTIFICATE.
A Sample Insurance Certificate shall be included with the proposal
to demonstrate the firm's ability to comply with insurance
requirements. Provide a previous certificate or other evidence
listing the insurance companies' names for all required coverage,
and the dollar amounts of the coverage.
Compliance with the foregoing requirements shall not relieve the
Contractor of their liability and obligation under this section or under any
other section of this Agreement.
The Contractor shall be responsible for assuring that the insurance
certificates required in conjunction with this Section remain in force for
the duration of the Project. If insurance certificates are scheduled to
expire during the contractual period, the Contractor shall be responsible
for submitting new or renewed insurance certificates to the City at a
minimum of thirty (30) calendar days in advance of such expiration. In
the event that expired certificates are not replaced with new or renewed
certificates that cover the contractual period, the City shall:
A. Suspend the Agreement until such time as the new or renewed
certificates are received by the City.
B. The City may, at its sole discretion, terminate the Agreement for
cause and seek damages from the Contractor in conjunction with
the violation of the terms and conditions of the Agreement.
ARTICLE II - WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS,
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
11.1 Warranty: The Contractor warrants and guarantees to the City that all Work will
be in accordance with the Contract Documents and will not be defective. Prompt
notice of all defects shall be given to the Contractor. All defective work, whether
or not in place, may be rejected, corrected or accepted as provided in this Article.
11.1.1 Warranty of Title: The Contractor warrants to the City that it possesses
good, clear and marketable title to all equipment and materials provided
and that there are no pending liens, claims or encumbrances against the
equipment and materials.
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11.1.2 Warranty of Specifications: The Contractor warrants that all equipment,
materials and workmanship furnished, whether furnished by the
Contractor, its subcontractors or suppliers, will comply with the
specifications, drawings and other descriptions supplied or adopted and
that all services will be performed in a workmanlike manner.
11.1.3 Warranty of Merchantability: The Contractor warrants that any and all
equipment to be supplied pursuant to this Agreement is merchantable,
free from defects, whether patent or latent in material or workmanship,
and fit for the ordinary purposes for which it is intended.
11.2 Tests and Inspections: The Contactor shall give the Project Manager timely
(minimum of thirty-six (36) hours) notice of readiness of the Work for all required
inspections, tests, or approvals.
11.2.1 If any law, ordinance, rule, regulation, code or order of any public body
having jurisdiction requires any Work (or part thereof) to specifically be
inspected, tested or approved, the Contractor shall assume full
responsibility, pay all costs in connection therewith and furnish the Project
Manager the required certificates of inspection, testing or approval. The
Contractor shall also be responsible for and shall pay all costs in
connection with any inspection or testing required in connection with the
City's acceptance of a manufacturer, fabricator, supplier or distributor of
materials or equipment submitted for approval prior to the Contractor's
purchase thereof for incorporation of the Work.
11.2.2 All inspections, tests or approvals other than those required by law,
ordinance, rule, regulation, code or order of any public body having
jurisdiction shall be performed by the City or by a professional testing firm
designated by the City. The City will pay for sampling and testing if the
test results are passing. The Contractor will reimburse the City for
sampling, testing, and retesting costs associated with failing tests.
11.2.3 Neither observations by the Project Manager nor inspections, tests or
approvals by others shall relieve the Contractor from his obligations to
perform the Work in accordance with Contract Documents.
11.3 Uncovering Work: If any work that is to be inspected, tested or approved is
covered without approval or consent of the Project Manager, it must, if requested
by the Project Manager, be uncovered for observation and/or testing. Such
uncovering and replacement shall be at the Contractor's sole expense unless the
Contractor has given the Project Manager timely notice of the Contractor's
intention to cover such Work and the Project Manager has not acted with
reasonable promptness in response to such notice.
11.3.1 If the Project Manager considers it necessary or advisable that Work
covered in accordance with Paragraph 11.2.1, 11.2.2 and 11.2.3 be
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observed by the City or inspected or tested by others, the Contractor at
the City's request, shall uncover, expose or otherwise make available for
observation, inspection or testing as the Project Manager may require,
that portion of the Work in question, furnishing all necessary labor,
material and equipment. If it is found that such Work is defective, the
Contractor shall bear all the expenses of such uncovering, exposure,
observation, inspection and testing and of satisfactory reconstruction,
including compensation for additional professional services, and an
appropriate deductive Change Order shall be issued. If, however, such
work is not found to be defective, the Contractor shall be allowed an
increase in the Contract Price or an extension of the Contract Time, or
both, directly attributable to such uncovering, exposure, observation,
inspection testing and reconstruction if it makes a claim therefore as
provided in Articles 14 and 15.
11.4 City May Stop the Work: If the Work is defective, or the Contractor fails to supply
sufficient skilled supervisory personnel or workmen or suitable materials or
equipment or the work area is deemed unsafe, the City may order the Contractor
to stop the Work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of the City to stop the Work shall not give rise to
any duty on the part of the City to exercise this right for the benefit of the
Contractor or any other party. The City will not award any increase in Contract
Price or Contract Time if the Work is stopped due to the circumstances described
herein.
11.5 Correction or Removal of Defective Work Before Final Payment: If required by
the Project Manager, the Contractor shall promptly, without cost to the City and
as Specified by the Project Manager, either correct any defective Work, whether
or not fabricated, installed or completed, or if the Work has been rejected by the
City remove it from the site and replace it with non -defective Work.
11.6 One Year Correction Period After Final Payment: If within one (1) year after the
date of final acceptance, or such longer period of time as may be prescribed by
law or by the terms of any applicable special guarantee required by the Contract
Documents, any work is found to be defective, the Contractor shall promptly,
without cost to the City and in accordance with the City's written instructions,
either correct such defective Work, or, if it has been rejected by the City, remove
it from the site and replace it with non -defective Work.
If The Contractor does not promptly comply with the terms of such instructions or
in an emergency where delay would cause serious risk of loss or damage, the
City may have the defective Work corrected or the rejected Work removed and
replaced, and all direct and indirect costs for such removal and replacement,
including compensation for additional professional services, shall be paid by the
Contractor.
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11.7 Acceptance of Defective Work, Deductions: If, instead of requiring correction or
removal and replacement of defective Work, the City, at the city's sole option,
prefers to accept it, the City may do so. In such a case, if acceptance occurs
prior to the Project Manager's recommendation of final payments, a Change
Order shall be issued incorporating the necessary revisions in the Contract
Documents, including appropriate reduction in the Contract Price; or if the
acceptance occurs after such recommendation, an appropriate amount shall be
paid by the Contractor to the City.
11.8 City May Correct Defective Work: If the Contractor fails within a reasonable time
after written notice of the Project Manager to proceed to correct defective Work
or to remove and replace rejected Work as required by the Project Manager in
accordance with Paragraph 11.5, or if the Contractor fails to perform the Work in
accordance with the Contract Documents, the City may, after seven (7) days
written notice to the Contractor, correct and remedy any such deficiency. In
exercising its rights under this paragraph, the City shall proceed expeditiously.
To the extent necessary to complete corrective and remedial action, the City may
exclude the Contractor from all or part of the site, take possession of all or part of
the Work, suspend the Contractor's services related thereto and take possession
of the Contractor's tools, construction equipment and materials stored at the site
or elsewhere. The Contractor shall allow the City's representative agents and
employees such access to the site as may be necessary to enable the City to
exercise its rights under this paragraph. All direct and indirect costs of the City in
exercising such rights shall be charged against the Contractor in an amount
verified by the Project Manager, and a Change Order shall be issued
incorporating the necessary revisions in the Contract Documents and a reduction
in the Contract Price. Such direct and indirect costs shall include, in particular
but without limitation, compensation for additional professional services required
and costs of repair and replacement of work of others destroyed or damaged by
correction, removal or replacement of the Contractor's defective Work. The
Contractor shall not be allowed an extension of the Contract Time because of
any delay in performance of the Work attributable to the exercise by the City of
the City's right hereunder.
ARTICLE 12 — INDEMNIFICATION
12.1 Disclaimer of Liability: The City shall not at any time, be liable for injury or
damage occurring to any person or property from any cause, whatsoever, arising
out of Contractor's construction and fulfillment of this agreement.
12.2 Indemnification: For other, additional good valuable consideration, the receipt
and sufficiency of which is hereby acknowledged:
12.2.1 Contractor shall, at its sole cost and expense, indemnify and hold
harmless the City, its representatives, employees and elected and
appointed officials from or on account of all claims, damages, losses,
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liabilities and expenses, direct, indirect or consequential including but not
limited to fees and charges of engineers, architects, attorneys, consultants
and other professionals and court costs arising out of or in consequence
of the performance of this Agreement at all trial and appellate levels.
Indemnification shall specifically include but not be limited to claims,
damages, losses, liabilities and expenses arising out of or from (a) the
negligent or defective design of the project and Work of this Agreement;
(b) any act, omission or default of the Contractor, its subcontractors,
agents, servants or employees; (c) any and all bodily injuries, sickness,
disease or death; (d) injury to or destruction of tangible property, including
any resulting loss of use; (e) other such damages, liabilities, or losses
received or sustained by any person or persons during or on account of
any operations connected with the construction of this Project including
the warranty period; (f) the use of any improper materials; (g) any
construction defect including both patent and latent defects; (h) failure to
timely complete the work; (i) the violation of any federal, state, county or
city laws, ordinances or regulations by Contractor, its subcontractors,
agents, servants, independent contractors or employees; Q) the breach or
alleged breach by Contractor of any term of the Agreement, including the
breach or alleged breach of any warranty or guarantee.
12.2.2 Contractor agrees to indemnify, defend, save and hold harmless the City,
its officers, agents and employees, from all damages, liabilities, losses,
claims, fines and fees, and from any and all suits and actions of every
name and description that may be brought against City, its officers, agents
and employees, on account of any claims, fees, royalties, or costs for any
invention or patent and/or for the infringement of any and all copyrights or
patent rights claimed by any person, firm, or corporation.
12.2.3 Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature in connection with the foregoing indemnifications including, but
not limited to, reasonable attorney's fees and costs for trails and appeals.
12.2.4 If any subcontractor, supplier, laborer, or materialmen of Contractor or any
other person directly or indirectly acting for or through Contractor files or
attempts to file a mechanic's or construction lien against the real property
on which the work is performed or any part or against any personal
property or improvements thereon or make a claim against any monies
due or to become due from the City to Contractor or from Contractor to a
subcontractor, for or on account of any work, labor, services, material,
equipment, or other items furnished in connection with the Work or any
change order, Contractor agrees to satisfy, remove, or discharge such lien
or claim at its own expense by bond, payment, or otherwise within five (5)
days of the filing or from receipt of written notice from the City.
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Additionally, until such time as such lien or claim is satisfied, removed or
discharged by Contractor, all monies due to Contractor, or that become
due to Contractor before the lien or claim is satisfied, removed or
otherwise discharged, shall be held by City as security for the satisfaction,
removal and discharge of such lien and any expense that may be incurred
while obtaining the discharge. If Contractor shall fail to do so, City shall
have the right, in addition to all other rights and remedies provided by this
Agreement or by law, to satisfy, remove, or discharge such lien or claim by
whatever means City chooses at the entire and sole cost and expense of
Contractor which costs and expenses shall, without limitation, include
attorney's fees, litigation costs, fees and expenses and all court costs and
assessments, and which shall be deducted from any amount owing to
Contractor. In the event the amount due Contractor is less than the
amount required to satisfy Contractor's obligation under this, or any other
article, paragraph or section of this Agreement, the Contractor shall be
liable for the deficiency due the City.
12.2.5 The Contractor and the City agree that Section 725.06(2), Florida Statutes
controls the extent and limits of the indemnification and hold harmless
provisions of this Agreement, if any, and that the parties waive any defects
in the wording of this Article that runs afoul of said statutory section.
ARTICLE 13 — CHANGES IN THE WORK
13.1 Without invalidating this Agreement, the City may, at any time or from time to
time order additions, deletions or revisions in the Work through the issuance of
Change Orders. Upon receipt of a Change Order, the Contractor shall proceed
with the Work involved. All Work shall be executed under the applicable
conditions of the Contract Documents. If any Change Order causes an increase
or decrease in the Contract Price or an extension or shortening of the Contract
Time, an equitable adjustment will be made as provided in Article 14 or Article 15
on the basis of a claim made by either Party.
13.2 The Project Manager may authorize minor changes in the work not involving an
adjustment in the Contract Price or the Contract Time, which are consistent with
the overall intent of the Contract Documents. Such changes must be in writing
and signed by the City and the Contractor.
13.3 If notice of any change affecting the general scope of the Work or change in the
Contract Price is required by the provisions of any Bond to be given to the
Surety, it will be the Contractor's responsibility to so notify the Surety, and the
amount of each applicable Bond shall be adjusted accordingly. The Contractor
shall furnish proof of such adjustment to the City.
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ARTICLE 14 — CHANGE OF CONTRACT PRICE
Change of Contract Price, approved by City, shall be computed as follows:
14.1 Cost of the Work: The term "Cost of the Work" means the sum of all direct costs
necessarily incurred and paid by Contractor in the proper performance of the
Work. Except as otherwise may be agreed to in writing by the City, these costs
shall be in amounts no higher than those prevailing in the City and shall include
only the following items and shall not include any of the costs itemized in
Paragraph 14.3:
14.1.1 Payroll costs for employees in the direct employ of the Contractor in the
performance of the Work under schedules of job classifications agreed
upon by the City and the Contractor. Payroll costs for employees not
employed full time on the Work shall be apportioned on the basis of their
time spent on the Work. Payroll costs shall include, but not be limited to,
salaries and wages plus and cost of fringe benefits which shall include
social security contributions, unemployment, excise and payroll taxes,
worker's compensation, health and retirement benefits, bonuses, sick
leave, vacation and applicable holiday pay.
14.1.2 Cost of all materials and equipment furnished and incorporated in the
Work, including costs of transportation and storage, and required suppliers
and field services. All cash discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue to the City, and
the Contractor shall make provisions so that they may be obtained.
14.1.3 Supplemental costs including the following:
14.1.3.1 Cost, including transportation and maintenance of all
materials, supplies, equipment, machinery, appliances, office
and temporary facilities at the site and hand tools not owned
by the workers, which are consumed in the performance of
the Work.
14.1.3.2 Rentals of all construction equipment and machinery and the
parts whether rented from the Contractor or others in
accordance with rental agreements approved by the City,
and the costs of transporting, loading, unloading, installation,
dismantling and removal. The rental of any such equipment,
machinery or parts shall cease when the use is no longer
necessary for the Work.
14.1.3.3 Sales, consumer, use or similar taxes related to the Work
and for which the Contractor is liable, imposed by laws and
regulations.
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14.1.3.4 Royalty payments and fees for permits and licenses.
14.1.3.5 The cost of utilities, fuel and sanitary facilities at the Work
site.
14.1.3.6 Minor expenses such as telegrams, long distance telephone
calls, telephone service at the site, expressage and similar
petty cash items in connection with the Work.
14.1.3.7 Cost of premiums for additional bonds and insurance
required because of changes in the Work.
14.2 The Contract Price may only be increased by a Change Order when Work is
modified in accordance with Article 13 and approved by the City in writing. Any
claim for an increase in the Contract Price resulting from a Change Order shall
be based on written notice delivered to the Project Manager within ten (10) days
of the occurrence of the Change Order giving rise to the claim. Notice of the
amount of the claim with supporting data shall be included in the Change Order
and delivered within twenty (20) days of such occurrence unless Project Manager
allows an additional period of time to ascertain accurate cost data. Any change
in the Contract Price resulting from any such claim shall be incorporated in the
Change Order. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY
AND ALL CLAIMS FOR CHANGES TO THE CONTRACT PRICE SHALL BE
WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE
REQUIREMENTS OF THIS SECTION.
14.3 Not Included in the Cost of the Work: The term "cost of the Work" shall not
include any of the following:
14.3.1 Payroll costs and other compensation of the Contractor's officers
executives, principals (of partnership and sole proprietorships), general
managers, engineers, architects, estimators, attorneys, auditor,
accountants, purchasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by the Contractor whether at the site
or in the Contractor's principal or branch office for general administration
of the work and not specifically included in the agreed upon schedule of
job classifications referred to in Paragraph 14.1.1, all of which are to be
considered administrative costs covered by the Contractor's fee.
14.3.2 Expenses of the Contractor's principal and branch offices other than the
Contractor's office at the site.
14.3.3 Any part of the Contractor's capital expenses, including interest on the
Contractor's capital employed for the Work and charges against the
Contractor for delinquent payments.
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14.3.4 Cost of premiums for all bonds and for all insurance whether or not the
Contractor is required by the Contract Documents to purchase and
maintain the same.
14.3.5 Costs due to the negligence of the Contractor, any subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment wrongly supplied and
making good any damage to property.
14.3.6 Other overhead or general expense costs of any kind and the costs of any
item not specifically and expressly included in Paragraph 14.1
14.4 Basis of Compensation: The Contractor's compensation, allowed to the
Contractor for overhead and profit, shall be determined as follows:
14.4.1 A mutually acceptable negotiated fee:
14.4.1.1 For costs incurred under Paragraphs 14.1.1 and 14.1.2, the
Contractor's fee shall not exceed five percent (5%).
14.4.1.2 No fee shall be payable on the basis of costs itemized under
Paragraphs 14.1.3.1, 14.1.3.2, 14.1.3.3, 14.1.3.4, 14.1.3.5,
14.1.3.6, 14.1.3.7, 14.3.1, 14.3.2, 14.3.3, 14.3.4, 14.3.5 and
14.3.6.
14.4.1.3The amount of credit to be allowed by the Contractor to the City
for any such change which results in a net decrease plus a
deduction in the Contractor's fee by an amount equal to five
percent (5%) for the net decrease.
14.4.1.4When both additions and credits are involved in any one change
the combined overhead and profit shall be figured on the basis of
net increase if any, however, not to exceed five percent (5%) of
the agreed compensation. Profit will not be paid on any Work not
performed.
14.5 Cost Breakdown Required: Whenever the cost of any Work is to be determined
pursuant to this Article, the Contractor will submit in form acceptable to the City
an itemized cost breakdown together with supporting documentation. Whenever
a change in the Work is to be based upon mutual acceptance of a lump sum,
whether the amount is an addition, credit, or no -charge -in -cost, the Contractor
shall submit an estimate substantiated by a complete itemized breakdown:
14.5.1 The breakdown shall list quantities and unit prices for materials, labor,
equipment and other items of cost.
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14.5.2 Whenever a change involves the Contractor and one (1) or more
subcontractors and the change is an increase in the agreed
compensation, the overhead and profit percentage for the Contractor and
each subcontractor shall be itemized separately.
14.6 Time for the City to Approve Extra Work: Any Extra Work in an amount up to and
not exceeding a cumulative amount of $25,000 for a specific project can be
approved by the City Manager and shall require a written Change Order proposal
to be submitted to the Public Works Director for submittal and approval by the
City Manager. Extra Work exceeding the cumulative amount of $25,000 for a
specific project must be approved by the City Commission and a written Change
Order proposal must be submitted to the Public Works Director for submittal and
approval by the City Manager and City Commission. No financial or time claim
for delay to the project resulting from the Change Order approval process
outlined above under Section 14.6 will be allowed.
ARTICLE 15 — CHANGE OF THE CONTRACT TIME
15.1 The Contract Time may only be changed by a Change Order. Any claim for an
extension in the Contract Time shall be based on written notice delivered to the
Project Manager within five (5) days of the occurrence of the event giving rise to
the claim. Any change in the Contract Time resulting from any such claim shall
be incorporated in a Change Order.
15.2 The Contract Time will be extended in an amount equal to time lost due to delays
beyond the control of the Contractor if a claim is made there for as provided in
Paragraph 15.1. Such delays shall include but not be limited to, acts or neglect
by the City, or to fires, floods, labor disputes, epidemics, abnormal weather
conditions, or acts of God.
15.3 All time limits stated in the Contract Documents are of the essence. The
provisions of this Article 15 shall not exclude recovery for damages for delay by
the Contractor.
15.4 Delays caused by or resulting from entities, contractors or subcontractors who
are not affiliated with the Contractor (non-affiliated Contractors) shall not give rise
to a claim by the Contractor for damages for increases in material and/or labor
costs. Such entities, contractors and subcontractors include, but are not limited
to, the City's contractors and subcontractors, Florida Power and Light Company,
AT&T and Florida East Coast Railway, LLC.
15.5 Rights of Various Interests: Whenever work being done by City's forces or by
other contractors is contiguous to or within the limits of work covered by this
Contract, the respective rights of the various interests involved shall be
established by the Project Manager to secure the completion of the various
portions of the work in general harmony.
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ARTICLE 16 — LIQUIDATED DAMAGES
16.1 Upon failure of the Contractor to complete the Work within the time specified for
completion, the Contractor shall pay to the City the sum of Five Hundred
Dollars ($600.00) for each and every calendar day that the completion of the
Work is delayed beyond the time specified in this Agreement for completion, as
fixed and agreed liquidated damages and not as a penalty, so long as the delay
is caused by the Contractor. Should an act of God or the acts or omissions of
the City, its agents or representatives, in derogation to the terms of this
Agreement cause the delay, the Contractor shall not be responsible for the delay
nor liquidated damages. Liquidated damages are fixed and agreed upon
between the Parties, recognizing the impossibility of precisely ascertaining the
amount of damages that will be sustained by the City as a consequence of such
delay and both parties desiring to obviate any question of dispute concerning the
amount of damages and the cost and effect of the failure of the Contractor to
complete the Work on time. Liquidated damages shall apply separately to each
portion of the Work for which a time of completion is given. The City shall have
the right to deduct from or retain any compensation which may be due or which
may become due and payable to the Contractor the amount of liquidated
damages, and if the amount retained by the City is insufficient to pay in full such
liquidated damages, the Contractor shall pay all liquidated damages in full. The
Contractor shall be responsible for reimbursing the City, in addition to liquidated
damages or other damages for delay, for all costs of engineering, architectural
fees, and inspection and other costs incurred in administering the construction of
the Project beyond the completion date specified or beyond an approved
extension of time granted to the Contractor whichever is later. Delays caused by
or resulting from entities, contractors or subcontractors who are not affiliated with
the Contractor shall not give rise to a claim by Contractor for damages for
increase in material and/or labor costs. Such entities, contractors and
subcontractors include, but are not limited to, the City's contractors and
subcontractors, Florida Power and Light Company, AT&T, and Florida East
Coast Railway, LLC.
16.2 No Extended Damages: For other and additional good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the
Contractor covenants and agrees that in the event of any delay of construction or
for any reason, allegation or claim, and notwithstanding the reason of the delay,
reason, claim or allegation or who caused them or the construction delay or
whether they were caused by the City, that there will be no entitlement to
Contractor to or for any direct or indirect financial damages or losses for
extended corporate overhead impact, extended project overhead impacts, project
support services, mobilization or demobilization or by whatever other label or
legal concept or theory and types of names or labels or basis such claims may
have, or any business damages or losses of whatever type or nature, and
Contractor hereby waives any right to make any such claim or claims. This
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provision will have application and effect when construction delays are
anticipated and agreed upon by both the City and the Contractor.
ARTICLE 17 — SUSPENSION OF WORK AND TERMINATION
17.1 City May Suspend Work: The City may, at any time and without cause, suspend
the Work or any portion of the Work for a period of not more than ninety (90)
days by notice in writing to the Contractor which shall fix the date on which Work
shall be resumed. The Contractor shall resume the Work on the date fixed. The
Contractor will be allowed an increase in the Contract Price or an extension of
the Contract Time, or both, directly attributable to any suspension, if the
Contractor makes a claim as provided in Articles 14 and 15.
17.2 City's Right to Terminate Contract: The City may terminate this Agreement upon
fifteen (15) calendar days' written notice upon the occurrence of any one or more
of the following events:
17.2.1 If the Contractor commences a voluntary case or a petition is filed against
the Contractor, under any chapter of the Bankruptcy Code, or if the
Contractor takes any equivalent or similar action by filing a petition or
otherwise under any other federal or state law in effect at such time
relating to the bankruptcy or insolvency.
17.2.2 If the Contractor makes a general assignment for the benefit of creditors.
17.2.3If a trustee, receiver, custodian or agent of the Contractor is appointed
under applicable law or under Contract, whose appointment or authority to
take charge of property of the Contractor is for the purpose of enforcing a
lien against such property or for the purpose of general administration of
such property for the benefit of the Contractor's creditors.
17.2.4 If Contractor fails to begin the Work within fifteen (15) calendar days after
the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to ensure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
Contractor shall fail to perform any material term set forth in the Contract
Documents, or from any other cause whatsoever shall not carry on the
Work in an acceptable manner, Project Manager may give notice in writing
to Contractor and its Surety of such delay, neglect or default, specifying
the same.
17.2.51f the Contractor repeatedly fails to make prompt payments to
subcontractors or for labor, material or equipment.
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17.2.6 If the Contractor repeatedly disregards proper safety procedures.
17.2.7 If the Contractor disregards any local, state or federal laws or regulations.
17.2.8 If the Contactor otherwise violates any provisions of this Agreement.
17.3 If Contractor, within a period of ten (10) calendar days after such notice, shall not
proceed in accordance therewith, the City may exclude the Contractor from the
Work site and take the prosecution of the Work out of the hands of the
Contractor, and take possession of the Work and all of the Contractor's tools,
appliances, construction equipment and machinery at the site and use them
without liability to the City for trespass or conversion, incorporate in the Work all
materials and equipment stored at the site or for which the City has paid the
Contractor but which are stored elsewhere, and finish the Work as the City may
deem expedient. In this instance, the Contractor shall not be entitled to receive
any further compensation until the Work is finished.
17.3.1 If after notice of termination of Contractor's right to proceed, it is
determined for any reason that Contractor was not in default, the rights
and obligations of City and Contractor shall be the same as if the notice
of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 17.5 below.
17.3.2 Upon receipt of Notice of Termination pursuant to Sections 17.2 or 17.5,
Contractor shall promptly discontinue all affected work unless the Notice
of Termination directs otherwise and deliver or otherwise make available
to City all data, drawings, specifications, reports, estimates, summaries
and such other information as may have been required by the Contract
Documents whether completed or in process.
17.4 If the Contractor commits a default due to its insolvency or bankruptcy, the
following shall apply:
17.4.1 Should this Agreement be entered into and fully executed by the parties,
funds released and the Contractor (Debtor) files for bankruptcy, the
following shall occur:
17.4.1.1 In the event the Contactor files a voluntary petition under 11
U.S.C. 301 or 302, or an order for relief is entered under 11
U.S.C. 303, the Contractor shall acknowledge the extent, validity,
and priority of the lien recorded in favor of the City. The
Contractor further agrees that in the event of this default, the City
shall, at its option, be entitled to seek relief from the automatic
stay pursuant to 11 U.S.C. 362. The City shall be entitled to
relief from the automatic stay pursuant to 11 U.S.C. 362(d) (1) or
(d) (2), and the Contactor agrees to waive the notice provisions
CAM 20-0192
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in effect pursuant to 11 U.S.C. 362 and any applicable Local
Rules of the United States Bankruptcy Court. The Contactor
acknowledges that such waiver is done knowingly and
voluntarily.
17.4.1.2 Alternatively, in the event the City does not seek stay relief, or if
stay relief is denied, the City shall be entitled to monthly
adequate protection payments within the meaning of 11 U.S.C.
361. The monthly adequate protection payments shall each be
in an amount determined in accordance with the Note and
Mortgage executed by the Contractor in favor of the City.
17.4.1.3 In the event the Contractor files for bankruptcy under Chapter 13
of Title 11, United States Code in additional to the foregoing
provisions, the Contractor agrees to cure any amounts in arrears
over a period not to exceed twenty-four (24) months from the
date of the confirmation order, and such payments shall be made
in addition to the regular monthly payments required by the Note
and mortgage. Additionally, the Contractor shall agree that the
City is over secured and, therefore, entitled to interest and
attorney's fees pursuant to 11 U.S.C. 506(b). Such fees shall be
allowed and payable as an administrative expense. Further, in
the event the Contractor has less than five (5) years of payments
remaining on the Note, the Contractor agrees that the treatment
afforded to the claim of the City under any confirmed plan of
reorganization shall provide that the remaining payments shall be
satisfied in accordance with the Note, and that the remaining
payments or claim shall not be extended or amortized over a
longer period than the time remaining under the Note.
17.4.2 Should this Agreement be entered into and fully executed by the parties,
and the funds have not been forwarded to Contractor, the following shall
occur:
17.4.2.1 In the event the Contractor files a voluntary petition pursuant to
11 U.S.C. 301 or 302, or an order for relief is entered under 11
U.S.C. 303., the Contractor acknowledges that the
commencement of a bankruptcy proceeding constitutes an event
of default under the terms of this Agreement. Further, the
Contractor acknowledges that this Agreement constitutes an
executory contract within the meaning of 11 U.S.C. 365. The
Contractor acknowledges that this Agreement is not capable of
being assumed pursuant to 11 U.S.C. 365(c)(2), unless the City
expressly consents in writing to the assumption. In the event the
City consents to the assumption, the Contractor agrees to file a
motion to assume this Agreement within ten (10) days after
CAM 20-0192
C-37 EXHIBIT 3
Page 37 of 46
receipt of written consent from the City, regardless of whether
the bankruptcy proceeding is pending under Chapter 7, 11, or 13
of Title 11 of the United States Code. The Contractor further
acknowledges that this Agreement is not capable of being
assigned pursuant to 11 U.S.C. 365(b)(1).
17.5 Termination for Convenience: This Contract may be terminated for convenience
in writing by City upon thirty (30) days written notice to Contractor (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 work executed and expenses incurred prior to termination in addition
to termination settlement costs reasonably incurred by Contractor relating to
commitments which had become firm prior to the termination. Payment shall
include reasonable profit for work/services satisfactorily performed. No payment
shall be made for profit for work/services which have not been performed.
17.6 Where the Contractor's service have been so terminated by the City, the
termination shall not affect any rights of the City against the Contractor then
existing or which may thereafter accrue. Any retention or payment of moneys
due the Contractor by the City will not release the Contractor from liability.
17.7 The Contractor has no right, authority or ability to terminate the Work except for
the wrongful withholding of any payments due the Contractor from the City.
ARTICLE 18 — DISPUTE RESOLUTION
18.1 Resolution of Disputes: Questions, claims, difficulties and disputes of whatever
nature which may arise relative to the technical interpretation of the Contract
Documents and fulfillment of this Agreement as to the character, quality, amount
and value of any work done and materials furnished, or proposed to be done or
furnished under or, by reason of, the Contract Documents which cannot be
resolved by mutual agreement of Contract Administrator and Contractor shall be
submitted to the Consultant for resolution. When either party has determined
that a disputed question, claim, difficulty or dispute is at an impasse, that party
shall notify the other party in writing and submit the question, claim, difficulty or
dispute to the Consultant for resolution. The parties may agree to a proposed
resolution at any time without the involvement and determination of the
Consultant.
18.1.1 Consultant shall notify Contract Administrator and Contractor in writing of
Consultant's decision within twenty-one (21) calendar days from the date
of the submission of the question, claim, difficulty or dispute, unless
Consultant requires time to gather information or allow the parties to
provide additional information.
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18.1.2 In the event the determination of a dispute by the Consultant under this
Article is unacceptable to any of the parties hereto, the party objecting to
the determination must notify the other party and the City Manager, in
writing within ten (10) days after receipt of the determination. The notice
must state the basis of the objection and the proposed resolution. Final
resolution of such dispute shall be made by the City Manager. The City
Manager's decision shall be final and binding on the parties.
18.1.3 All non -technical administrative disputes (such as billing and payment)
shall be determined by Contract Administrator.
18.1.4 During the pendency of any dispute and after a determination thereof,
Contractor, Consultant, and Contract Administrator shall act in good faith
to mitigate any potential damages including utilization of construction
schedule changes and alternate means of construction. During the
pendency of any dispute arising under this Agreement, other than
termination herein, Contractor shall carry on the Work and adhere to the
progress schedule. The Work shall not be delayed or postponed pending
resolution of any disputes or disagreements.
18.1.5 For any disputes which remain unsolved, within sixty (60) calendar days
after Final Completion of the Work, the parties shall participate in
mediation to address all unresolved disputes. A mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
under applicable law. If a party objecting to a determination, fails to
comply in strict accordance with the requirements of this Article, said
party specifically waives all of its rights provided hereunder, including its
rights and remedies under applicable law.
ARTICLE 19 — NOTICES
19.1 All notices required by any of the Contract Documents shall be in writing and
shall be deemed delivered upon mailing by certified mail, return receipt
requested to the following:
To the City:
City Manager
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, Florida 33301
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C-39 EXHIBIT 3
Page 39 of 46
with copy to the:
Project Manager and City Attorney
City of Fort Lauderdale
100 North Andrews Avenue
Fort Lauderdale, Florida 33301
To the Contractor:
Team Contracting, Inc.
13911 Southwest 42 Street
Suite 209
Miami, Florida 33175
ARTICLE 20 — LIMITATION OF LIABILITY
20.1 The City desires to enter into this Agreement only if in so doing the City can
place a limit on the City's liability for any cause of action arising out of this
Agreement, so that the City's liability for any breach never exceeds the sum of
$1,000. For other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Contractor expresses its willingness to enter
into this Agreement with the knowledge that the Contractor's recovery from the
City to any action or claim arising from the Agreement is limited to a maximum
amount of $1,000, which amount shall be reduced by the amount actually paid by
the City to the Contractor pursuant to this Agreement, for any action or claim
arising out of this Agreement. Nothing contained in this paragraph or elsewhere
in this Agreement is in any way intended either to be a waiver of the limitation
placed upon the City's liability as set forth in Section 768,28, Florida Statutes, or
to extend the City's liability beyond the limits established in said Section 768.28;
and no claim or award against the City shall include attorney's fees, investigative
costs, expert fees, suit costs or pre -judgment interest.
20.2 No Extended Damages: For other and additional good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the
Contractor covenants and agrees that in the event of any delay of construction or
for any reason, allegation or claim, and notwithstanding the reason of the delay,
reason, claim or allegation or who caused them or the construction delay or
whether they were caused by the City, that there will be no entitlement to
Contractor to or for any direct or indirect financial damages or losses for
extended corporate overhead impact, extended project overhead impacts, project
support services, mobilization or demobilization or by whatever other label or
legal concept or theory and types of names or labels or basis such claims may
have, or any business damages or losses of whatever type or nature, and
Contractor hereby waives any right to make any such claim or claims. This
provision will have application and effect when construction delays are
anticipated and agreed upon by both the City and the Contractor.
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ARTICLE 21 — GOVERNING LAW
21.1 This Agreement shall be governed by the laws of the State of Florida. Both
Parties agree that the courts of the State of Florida shall have jurisdiction of any
claim arising in connection with this Agreement. Venue for any claim, objection
or dispute arising out of this Agreement shall be in Broward County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any
rights either party may have to a trial by jury or any civil litigation related
to, or arising out of the Project. Contractor shall specifically bind all
subcontractors to the provisions of this Contract.
ARTICLE 22 — SCRUTINIZED COMPANIES
22.1 Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D.
Fla. 2012), affirmed, Odebrecht Construction, Inc., v. Secretary, Florida
Department of Transportation, 715 F.3d 1268 (11 th Cir. 2013), with regard to the
"Cuba Amendment," the Contractor certifies that it is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies
that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes
(2019), that it is not engaged in a boycott of Israel, and that it does not have
business operations in Cuba or Syria, as provided in Section 287.135, Florida
Statutes (2019), as may be amended or revised. The City may terminate this
Agreement at the City's option if the Contractor is found to have submitted a false
certification as provided under subsection (5) of Section 287,135, Florida
Statutes (2019), as may be amended or revised, or been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or the
Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes (2019), or is engaged in a boycott of Israel or has
been engaged in business operations in Cuba or Syria, as defined in Section
287.135, Florida Statutes (2019), as may be amended or revised.
ARTICLE 23 — PUBLIC RECORDS
23.1 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 AT CITY CLERK'S
OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA,
33301, PHONE: 954-828-5002, EMAIL:
PRRCONTRACT(cD,FORTLAUDERDALE.GOV.
Contractor shall comply with public records laws, and Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
CAM 20-0192
C-41 EXHIBIT 3
Page 41 of 46
2. Upon request from the City's custodian of public records, provide the City 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 in
Chapter 119, Florida Statutes (2019), as may be amended or revised, or as
otherwise provided by law.
3. 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 contract term and following completion of the contract
if the Contractor does not transfer the records to the City.
4. Upon completion of the Contract, transfer, at no cost, to the City all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Contract, the Contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains
public records upon completion of the Contract, the Contractor shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
ARTICLE 24 - NON-DISCRIMINATION
24.1 The Contractor shall not, in any of its activities, including employment, discriminate
against any individual on the basis of race, color, national origin, religion, creed,
sex, disability, sexual orientation, gender, gender identity, gender expression, or
marital status.
1. The Contractor certifies and represents that it will comply with Section 2-187,
Code of Ordinances of the City of Fort Lauderdale, Florida (2019), as may be
amended or revised ("Section 2-187").
2. The failure of the Contractor to comply with Section 2-187 shall be deemed to
be a material breach of this Agreement, entitling the City to pursue any remedy
stated below or any remedy provided under applicable law.
3. The City may terminate this Agreement if the Contractor fails to comply with
Section 2-187.
4. The City may retain all monies due or to become due until the Contractor
complies with Section 2-187.
5. The Contractor may be subject to debarment or suspension proceedings. Such
proceedings will be consistent with the procedures in Section 2-183 of the Code of
Ordinances of the City of Fort Lauderdale, Florida.
CAM 20-0192
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ARTICLE 25 - MISCELLANEOUS
25.1 The duties and obligations imposed by this Agreement and the rights and
remedies available to the parties and, in particular but without limitation, the
warranties, guaranties and obligations imposed upon the Contractor and all of
the rights and remedies available to the City, are in addition to, and are not to be
construed in any way as a limitation of, any rights and remedies available to any
or all of them which are otherwise imposed or available by laws or regulations, by
special warranty or guarantee or by other provisions of the Contract Documents,
and the provisions of this paragraph will be as effective as if repeated specifically
in the Contract Documents, and the provisions of this paragraph will survive final
payment and termination or completion of this Agreement.
25.2 The Contractor shall not assign or transfer this Agreement or its rights, title or
interests. The obligations undertaken by the Contractor pursuant to this
Agreement shall not be delegated or assigned to any other person or firm.
Violation of the terms of this Paragraph shall constitute a material breach of
Agreement by the Contractor and the City any, at its discretion, cancel this
Agreement and all rights, title and interest of the Contractor which shall
immediately cease and terminate.
25.3 The Contractor and its employees, volunteers and agents shall be and remain
independent contractors, and not agents or employees of the City, with respect to
all of the acts and services performed by and under the terms of this Agreement.
This Agreement shall not in any way be constructed to create a partnership,
association or any other kind of joint undertaking or venture between the Parties.
25.4 The City reserves the right to audit the records of the Contractor relating in any
way to the Work to be performed pursuant to this Agreement at any time during
the performance and term of this Agreement and for a period of three (3) years
after completion and acceptance by the City. If required by the City, the
Contractor agrees to submit to an audit by an independent certified public
accountant selected by the City. The Contractor shall allow the City to inspect,
examine and review the records of the Contractor at any and all times during
normal business hours during the term of this Agreement.
25.5 The remedies expressly provided in this Agreement to the City shall not be
deemed to be exclusive but shall be cumulative and in addition to all other
remedies in favor of the City now or later existing at law or in equity.
25.6 Should any part, term or provisions of this Agreement be decided by the courts to
be invalid, illegal or in conflict with any state or federal law, the validity of the
remaining portion or provision shall not be affected.
25.7 Public Entity Crimes: In accordance with the Public Crimes Act, Section
287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or
CAM 20-0192
C-43 EXHIBIT 3
Page 43 of 46
other provider, who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not
submit bids on leases of real property to the City, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with
the City, and may not transact any business with the City in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for category two
purchases for a period of thirty-six (36) months from the date of being placed on
the convicted vendor list. Violation of this section by Contractor shall result in
cancellation of the City purchase and may result in Contractor debarment.
[THIS SPACE WAS INTENTIONALLY LEFT BLANK]
CAM 20-0192
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Page 44 of 46
sidewalk 6
in
12352-403--01-04
BASE BID: Supplier
First Offer - $9.50
200 / square foot
$1,900.00
Y
Concrete Product
sidewalk - 8 Code:
in.
12352A03 01;05 BASE BID Supplier
First Qffer $20 00
100/lirearfodf'
$20
Curb Type , Prp'duct
12352-403--01-06
BASE BID: Supplier
First Offer - $30.00
500 / linear foot
$15,000.00
Y
Curb - Type Product
D Code:
12352=403 01;07 BASE BID Syppiier
First Gaffer $32 00
500 / liriearfoot
$1;1i,000 00
Y
Cuff Type � Product
Code
12352-403--01-08
BASE BID: Supplier
First Offer - $25.00
500 / linear foot
$12,500.00
Y
Valley gutter Product
Code:
12352-403 01M BASE BID Supplier
First Offer $:]800
500/linef
arcot
$9,00000
Y
Cutb(Drop ; Product
Curti) Code'
,
12352.403--01-10
BASE BID: Supplier
First Offer - $60.00
50 / linear foot
$3,000.00
Y
Curb with Product
sidewalk - 16 Code:
in.
12352=403-01_=11
BASE BID Supplier
First Qffer - $'18 00.
50011'Lnearfoo;#
4$9,000:00
Y
Header curt Product
t
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1 /23/2020
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P. 1
12352-403--01
12 BASE BID: Supplier
Wheel stops Product
Code:
City of Fort Lauderdale
First Offer- $150.00 10/each $1,500.00
12352-403
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12352-403--01-14 BASEBID: Supplier First Offer - $1,000.00 20/each $20,000.00 Y
Storm drain Product
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cover)
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Tree roots Product
Code:
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12352-403--01-18 BASE BID: Supplier First Offer - $11.00 750 / square foot $8,250.00 Y
Paver bricks Product
3- 1/8 in Code:
1�352'403`a1 ig'IA$E BID ` fi jc��4pp !e� Flrtst;offer
11 ?
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1
12352-403--01-20 BASE BID: Supplier First Offer - $10.00 200 / square foot $2,000.00 Y
Clay bricks Product
Code:
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?aver b n ks i Product
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12352-403--01.22 BASE BID: Supplier First Offer - $8.50 200 / square foot $1,700.00 Y
Clay bricks Product
Code:
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Limerock - 6 Product
in Code:
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1 Umetock 8 product
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12352-403--01-26 BASE BID: Supplier First Offer - $22.00 200 / square yard $4,400.00 Y
Limerock - 12 Product
in Code:
1/23/2020 BidSync p. 2
City of Fort Lauderdale
12352-403
12352-403--01-28 BASE BID: Supplier
First Offer - $30.00
300 / square yard
$9,000.00
Y
Paving - 1 • Product
1/2 Code:
�23a2 4Q3 `01 ';29 QgSE BID ' ,$Ulp��ier :Fir:tt Offer $30,00 < iQOI squa�ire yard �3,000 QO Y
PaVjig (SP,ot Product
,
12352-403--01-30 BASE BID: Supplier
First Offer - $125.00
100 / square yard
$12,500.00
Y
Paving Product
(colored Code:
asphalt)
12352`�403 0131 BASE B1D.. 'Supplier
First Offer $25 00
1001 gallon2,500,Q0`
Tack Coat Product
Codp
12352-403--01-32 BASE BID: Supplier
First Offer - $30.00
1001 gallon
$3,000.00
Y
Prime Coat Product
Code:
12352403 0133 BASE BID :Supplier
First Offer .$6 00
_ 200/11i0earfoot
$1,200 00
Y.—.:
Pavement Product
marking andCotlei
Signgge 6
In double
tb
yepow
12352-403--01-34 BASE BID: Supplier
First Offer - $4.00
200 / linear foot
$800.00
Y
Pavement Product
marking and Code:
signage (6-
inch single
yellow)
12352 403 01,>35 BASE BID Supplier
First Offer .$4 Ob
200 / linear fpot
Pavement Pro%duct
marMn. and Cotle`
sigrlage (6 `
:. Ifici single ;.
white)
12352-403--01.36 BASE BID: Supplier
First Offer - $8.00
200 / linear foot
$1,600.00
Y
Pavement Product
marking and Code:
signage (fl-
inch single
white)
p. 3
City of Fort Lauderdale
" 12352-403--01-38 BASE BID: Supplier First Offer - $12.00 100 / linear foot $1,200.00
Pavement Product
marking and Code:
signage (18-
inch single
white)
1235440340i 3$S 13}851�D'"E Suppffar �Ira4Offer,'}'($�4r00 `h'100/ lner�doti `,S Si„4 p`�0
T
12352-403
Y IM
12352.403--01-40 BASEBID: Supplier First Offer - $450.00 10/each $4,500.00 Y
Pavement Product
marking and Code:
signage
(handicapped
stalls)
12352-403--01-42 BASE BID: Supplier First Offer - $20.00 50 / each $1,000.00 Y
Pavement Product
marking and Code:
signage
(RPMs)
12352-403--01-44 BASE BID: Supplier First Offer - $30.00
800 / linear foot $24,000.00 Y
Root barrier Product
(12-inch) Code:
12352 403 ;01 45 BASS B)l? Supplier Fitt;CSffer $30 00 200 / bne�r foot 36,b00 b0 Y
_ • Root barrier `product ` �' `
' ` I� ,
(24 ittah) ; Qoe z:
12352-403--01-46 BASE BID: Supplier First Offer - $400.00
20 / each $8,000.00 Y
Concrete Product
grinding Code:
123z 403, U1 47 gASL 131D, <<Supp()er#Ist Uffet ;$250 00 10 /each' $2,5b0
!Product
signs J.Q
12352-403--01-48 BASE BID: Supplier First Offer - $250.00
20 / each $5,000.00 Y
Signs Product
(Existing) Code:
12362 403 01 45 BA5E� BID Supplier First Offer , $250 00
10 /:each ;: $2,5f)0 00 Y
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1/23/2020 BidSync
p. 4
City of Fort Lauderdale
12352-403--01.50 BASE BID: Supplier First Offer - $500.00 10 / each
utility Product
adjustment Code:
(Clean -out)
12352-403
$5,000.00 Y III
12352-403--01-52 BASEBID:
Supplier
First Offer - $1,200.00
5leach
$6,000.00
Y
utility
Product
adjustment
Code:
(Manhole)
12352=403 01w53 BASE BID ' Sup�tle�
First Offer $5 00 '. 200 /square foot
$1,QOQ'00
Y
Pressure 'Product
:
clean
cddle=
(Pavers)
'
12352-403--01-54 BASE BID:
Supplier
First Offer - $5.00
200 / square foot
$1.000.00
Y
Pressure
Product
Clean -
Code:
Concrete
12352=4Q3 01 55 BASE BID`;;
Sttp er
First OffO.r
.:
Tree grate '
Protluct
Code:
12352-403--01-56 BASE BID:
Supplier
First Offer - $12.00
1000 / square yard
$12,000.00
Y
Sod (Bahia)
Product
Code:
123.2 403 qj 57 BASE BID
Supplier
First Offer $12 00
15oQ /square riard
$18,0pp.90
Y . '.
Sod:(St..
Produdt
' Augustine)
Cade:
12352-403-01-58 BASE BID:
Supplier
First Offer - $30.00
50 / square yard
$1,500.00
Y
Removal and
Product
Disposal of
Code:
Asphalt (2
inches)
12352 403 0 j 59 BASE BID '.
Supplier
; First Offer, $�0 00 :';
50 /square yard
$1,50000
Y
Removal acid
Product
'
Dtspossl of
t 4'
Asphalt (1
Bid Allowance
$7,000.00
1/23/2020 BidSync P. 5
Item: BASE BID: Mobilization
orm.
Team Contractin
City of Fort Lauderdale
12352-403
1 /23/2020 BidSync p. 6