HomeMy WebLinkAboutR-1994-051RESOLUTTON NO. 51-s4
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA AND W. SOD
RELATING TO DANIA BEACH BOULEVARD/A-1-A LANDSCAPING
PROJECT; AND PROVIDING FOR AN EFFECTTVE DATE.
BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA,
FLORIDA;
S 1.That that certain Agreement between the City of Dania, Florida and W
Sod relating to Dania Beach Boulevard/A-1-A landscaping project, copy of which is
attached hereto as Exhibit "A", 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 on this 12 day of Fpril , 1994.
ATTEST:
r-Com tssroner
C Clerk -itor
APPROVED AS TO FORM & CORRECTNESS
By:4rJ c alt--
FRANK C. ADLER, City Attorney
13. AGREEMENT
THIS AGREEMENT, made entered into on the ay of 1994, by and
between the City of Dania, Florida, hereinafter called the Owner and IrJ-Sod
hereinafter called the Conhactor.
WITNESSETH:
13.1 That the Contractor, for the consideration hereafter fully set out, hereby agrees
with the Owner as follows:
That the Contractor shall fumish all the material, equipment and labor to perform
all the work necessary to complete the "Dania Beach Blvd. / A-1-A Landscape
Improvement Project" all in full and complete accordance to the preceding
Contract Documents, which as attached hereto and make a part thereof, as if fully
contained herein.
13.2 That the Contractor shall commence the work performed under this Agreement on
dates to be specified in a written work order by the Ov,mer and shall fully complete
the work within the time allotted.
13.3 That the Owner hereby agrees to pay to the Contractor for the faithful
performance of this Agreement, subject to additions and deductions as provided in
the Specifications of Proposal, in lawful money of the United States, the amount of
Thirtv one Thousand Dollars ($31.000.00) based on the estimated quantities and
unit, or lump sum prices contained herein.
13.4 That the Owner, within thirty (30) days from the day a Application for Payment is
presented, pay the Contractor the amount approved.
13.5 Partial payment shall be made upon receipt of a Application for Payment for the
procurement of plant material and associated planting materials. Final payment
will be made upon receipt of a Application for Payment after completion of the
requirement for Watering.
EXHIBIT "A"
13.6 That upon submission by the Contractor of evidence satisfactory to the Owner that
all payrolls, material bills, and other costs incurred by the Contractor in connection
with the completion of the work have been paid in full, final payment on account
of this Agreement shall be made within thirty (30) days after the completion by the
Contractor of all worked covered by the Agreement and acceptance of such work
by the Owner.
13.7 It is further mutually agreed behueen the parities hereto that if, at any time alter
execution oi the Agreement and the Cash Bond in the amount of Twen one
Thousand dollars ($21.000.00) hereto attached for its faithful performance and
payment, the Owner shall deem the cash bond to be unsatisfactory or if, for any
reason, such cash bond ceases to be adequate to cover the performance of the
work, the Contractor shall, at its expense, within five days after the receipt of
notice from Ci$ (owner) furnish to owner additional surety or sureties as shall be
satisfactory to the Owner. In such event, no further payment to the contractor
shall be deemed to be due under this Agreement until such new or additional
security for the faithful performance of the work shall be fumished in a manner and
form satisfactory to the Owner.
13.8 No additional work or extras shall be performed unless the same shall be duly
authorized by appropriate action of the Owner.
13.9 That in the event either party brings sit for enforcement of disagreement, the
prevailing party shall be entitled to attorney's fees and court costs in addition to
any other remedy afforded by law.
13.11 IN WITNESS WHEREOF, the parties hereto have executed this Agreenrent on
2
the day first written above in counterparts, each of
13.10 The making and acceptance of the final payment shall constitute a waiver of all
claims by the Owner other than those arising from unsettled liens, from faulty
work, or from requirements of the specifications. It shall also constitute a waiver of
all claims by the Contractor, except those previously made and still unsettled.
which shall without proof or accounting for the other counterparts deemed an original
Contract.
WITNESS:
CONTRACTOR
BY
TITLE
DATE:
OWNER
CIfY OF DANIA, a Florida
Municipal Corporation
Bo
Mayor
Robert F. Flatley
City Manager
Commission Approved,Apri l 12, 1994
Wanda Mullikin
City Clerk
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
Frank Adler
City Attomey
AT'TEST:
*/r'r//t/t'z-
Date
5
Contract Amount: $31 000.00
DATE, o4-e'4f ru