HomeMy WebLinkAboutR-1995-127RESOLUTION NO. ,127-95
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT BETWEEN THE CITY OF DANIA AND ATLANTIC
COASTAL CONSTRUCTION FOR IMPROVEMENTS TO BE
CONSTRUCTED AT CHESTER BYRD PARK; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 .That the City Commission of the City of Dania, Florida, hereby
approves the change order relating to the agreement between The City of Dania, Florida
and Atlantic Coastal Construction for improvements to be constructed at Chester Byrd
Park a copy of which is attached hereto and made a part hereof as Exhibit "A", be and
the same is hereby approved and the appropriate city officials are hereby directed to
execute same.
Section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED and ADOPTED this 22nd day ofAugust, 1995.l,z/*t-
ATTEST;
CIry CLER . AUDIIOR
APPROVED AS IO FORM AND CORRECTNESS:
By:Jr.-"1 I AzL.'---
Frank C. Adler, City Attorney
MAYOR - ddrrlUrSStONen
Resolution No. 127-95
AGREEMENT
This AGREEMENT, made lhis 22 day of August, 1995 by and between the City of Dania,
'OWNER'and Atlantic Coastal Construction, doing business as a Florida Corporation, located at
621 SW 21st Terrace, Suite #4 in the City of Ft. Lauderdale, County of Broward, and the State of
Florida, hereinafter called'CONTRACTOR'.
WTHESSTH, that the parties hereto do mutually agree as follows:
ARTICLE I
That br, and in consideration of, the payments and agreements hereinafter mentioned, to be
made and performed by the OVVNER, the CONTRACTOR hereby agrees with the OWNER to
commence and complete the work described as follows:
That the CONTRACTOR shall tumish all the materials, equipment and labor to
perform all the work necessary to complete the Chester Byrd Park
lmprovements for the City of Dania, Florida, all in full and complete accordance
to the bid documents and specifications licr Byrd Park which are attached hereto
and made a part thereof, as if fully contained herein.
The OWNER hereby employs said CONTRACTOR to perform the work according to the terms of
this AGREEMENT, for the contract amount and agrees to pay the same at the time, in the
manner, and upon the conditions stipuleted in the Request for Proposals, and that said parties fur
themselves, their, executors, administrators, successors, and assigns, do hereby agree to the full
perfbrmance of the covenants herein contained. The CONTRACTOR further agrees that the
"TOTAL SUM'price, as quoted in the request for Proposal as Totjal Altemate Bid remain firm for
the duration of this Agreement.
ARTICLE III
That the OVVNER hereby agrees to pay the CONTRACTOR for the faithtul performance of this
AGREEMENT, subject to additions and deductjons as provided in the Request for Proposal, in
lawful money of the United States the amount of Fortv Seven Thousand One Hundred Seventy
Seven Dollars ($47. 177.00],.
ARTICLE IV
Work shall begin '15 days from the date of this contract and shall be completed on or before
October 31 , 1995.
No work shall begin until the PERFORMANCE AND PAYMENT BONDS and other required
documents have been submitted and approved and a Notice to Proceed has been issued by the
City
EXHIBIT ,,A"
ARTICLE II
ARTICLE VI
ThecoNTRAcToRShallindemnifyandsaveharmlesstheoWNERandBRoWARDcoUNTY'
m"i,. "J""tr ".4 employees from oi on account of any injuries or damages, received or sustained
by any person or persons or on account of any operations connected with the construction of this
piri"&,li in .onnection with the same: or by use of any improper materials or by or on account of
Lnv act or omission of the said CONiRACTOR or sub-contractor, agents, servants, or
Iri,rr"v""J. coNinncioi turther agrees to indemniry.and save harmtess the o\A/NER and
gabwAno couNTy, their agents or lmployees, against any claims or liability arising from or
;""-j ,p* the violation of iny federal, state, county or city laws' by-laws' ordinances or
regulatio;s by the CONTRACTOR, his agents, servants or employees'
TheindemnificationprovidedaboveallwillobligatethecoNTRAcToRtodefendatitsown
"*p"""" oi i" providl for such defense, at the owNER or BROWARD CoUNTY option, of any
anl-arr craims 'ot liability and all suits and actions of every name and description that may be
[.rg;t;a"i*t the ovvNER or BROWARD COUNTY which may resutt ftom the-operations and
"Jiriti""
-una"|. this contract whether the construction operations be performed by th€
co-r.rinncron, sub-contractor or by anyone direcfly emptoyed by either. The execution of this
.o"'t ""i uv tt" borumncron snait ouiigate rhe CoNTRA9T.OR to comply with the foregoing
inJemnity 'provisions; however, the coll;teral obligation of insuring this indemnity must be
complied with as set forth below.
ARTICLE V
Partial payment shall be based on the basis of work performed during the preceding caleiidai
month, 'less ten percent (%) of the amount of such estimate, which is to be retained by the
OWNER until all work has been accepted by the OWNER'
ARTICLE VII
ThecoNTRAcToRwi|lberequiredpriortoexecutionofthecontractbytheoWNER'tofurnisha
certificateofinsuranceandwillcausetobeissuedbythecoNTRAcToRsinsurancecarrier,and
"nJor""r"nt n"ring the ovvllER as the named insured under Contract of insurance.
AGREEMENT:
lN WTNESS WHERE OF, the parties to these present have executed this contract in TWO (2)
counterparts, each of which shall be deemed an original, in the Year and Day first mentioned
above.
FOR CONTRACTOR
WITNESSES;
By
Tifle
FOR CITY
ATTEST;CITY OF DANIA, a Florida
Municipal Corporation
City Clerk - Auditor Mayor - Commissioner
>
City
APPROVED FOR FORM ANO
Frank Adler, City Attorney
CORRE,