HomeMy WebLinkAboutR-1996-082A RESOLUTION OF THE CITY OF DANIA, FLORIDA
AUTHORIZING THE CITY MANAGER TO CONTRACT WITH
COMMUNITY ASPHALT CORP., UNDER BROWARD
COUNry BID,#H-12-94-16-12, FOR THE PURCHASE OF
SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR
FURNISHING CONCRETE SURFACES ON STREETS IN AN
AMOUNT NOT TO EXCEED TWO-HUNDRED FIFTYTHOUSAND DOLLARS ($250,000.00) wtTHouT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT
FOR BIDS; PROVIDING THAT ALL RESOLUTIONS lN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Charter of the City of Dania, Part lll, Article 3, Section 4,
Subsection (J), authorizes the City Manager to purchase supplies, services, equipment
and materials for the city government in an amount in excess of seven thousand five
hundred dollars ($7,500.00) and in an amount up to and including fifteen thousand
dollars ($15,000.00) may be made by the City Manager without competitive bidding and
without advertisement for bids if he is authorized to do so in advance by a resolution
adopted by the city commission and if such purchases are made pursuant to a
competitive bid obtained within the last twelve (12) months by other governmental
agencies such as the Federal Government, State of Florida or a Florida county or
municipality; and
WHEREAS, the City Manager has determined that it is necessary to obtain the
services of Community Asphalt Corp. to furnish concrete surfaces on streets; and
WHEREAS, the City Manager has determined that the city will realize a savings by
contracting with Community Asphalt Corp., Broward County Contract#H-12-94-16-12, in
an amount not to exceed two hundred fifty thousand dollars ($250,000.00) for furnishing
concrete surfaces on streets in the City of Dania; and
WHEREAS, the City Manager has determined that such services can be obtained
at the least cost to the city by using the bid prices from Broward County Contract #H-12-
Resolution No. 82-96
RESOLUTION NO.82-96
94-16-12 given to Community Asphalt Corp., by a letter dated January 3, 1996 and
terms of the contract with Community Asphalt Corp., a copy of which are attached
hereto and made a part hereof as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That the City Manager be and he is hereby authorized to utilize Gas
Tax Revenue from the General Fund to pay the sum of two hundred fifty thousand
dollars ($250,000.00) upon completion of said paving improvements.
Section 2. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED this 1Oth day of Se
ATTEST:- COMMISSIONER
CITY CLERK AUDITOR
APPR FOR F M AND CORRECTNESS
BY:
FRAN C. ADLER,ity A
2 Resolution No. 82-96
/
1
AGREEMENT
THIS AGREEMENT, made and entered into this 1Oth day of September, 1996,by and between the City of Dania,, Florida, herelnafter called the Owner, and
Community Asphalt Corp., a Florida Corporation, hereinafter called the Contractor.
WITNESSETH:
That the Contractor for the consideration hereafter fully set out, hereby agrees
with the Owner as follows:
That the Contractor shall furnish all the materials equipment and labor to
perform all the work necessary to complete the road surfacing improvements for
the City of Dania, Florida, all in full and complete accordance to the following
Specifications and Contract Documents, which are attached hereto and made a
part thereof, as if fully contained herein.
That the Contractor shall commence the work performed under this Agreement
on a date to be specified in a write-in order by the Owner containing specific
roads to be resurfaced and shall complete all work on list within sixty (60)
calendar days. This is an ongoing project and new work orders will be issued
as previous ones are completed under same terms.
a That the Owner hereby agrees to pay the Contractor for the faithful performance
of this Agreement, subject to additions and deductions as provided in the
Specifications of Proposal, in lawful money of the United States, the amount
of Two Hundred Fifty Thousand Dollars($ 250,000.00) based on the estimate
quantities and unit, or lump sum prices contained herein.
That the Owner, within thirty (30) days from the day of final inspection and
acceptance, will pay the Contractor the amount approved.
Partial payment shall be made on the basis of work performed during the
preceding calendar month, less ten percent (10%) of the amount of such
estimate, which is to be retained by the Owner until all work within a particular
part has been performed strictly in accordance with this Agreement and until
such work has been accepted by the Owner.
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 construction of the work have been paid in full, final
payment on account of this Agreement shall be made within thifi (30) days
2
4
o
,(HIBiT .,
after the completion by the Contractor of all work covered by this Agreement
and the acceptance of such work by the Owner.
It is further mutually agreed between the parties hereto that if, at any time after
the execution of the Agreement and the Surety Bond hereto attached for its
faithful performance and payment, the Owner shall deem the surety or sureties
upon such bond to be unsatisfactory or if, for any reason, such 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 Owner, increase the
amount in such form and amount and with such surety or sureties as shall be
satlsfactory to the Owner. ln 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 furnished in a manner
and form satlsfactory to the owner.
No additional work or extras shall be performed unless the same shall be duly
authorized by appropriate action of the Owner.
That in the event either party brings suit for enforcement of this agreement, the
prevailing party shall be entitled to attorney's fees and court costs in addition to
any other remedy afforded by law.
The Contractor shall guarantee the complete project against poor workmanship
and faulty materials for a period of twelve (12) months after final payment and
shall immediately correct any defects which may appear during this period upon
notification by the Owner.
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 appearing within twelve (12) months after final payment and Contractor
shall immediately correct any defects which may appear during this period upon
notification by the Owner.
The Contractor may requisition payments for work completed during the project
at monthly intervals. The Contractor's requisition shall show a complete
breakdown of the project components, the quantities completed and the amount
due, together with such supporting evidence as may be required by the Owner.
Each requisition shall be submitted in quintuplet to the Owner or Project
Manager for approval. Ten percent (10%) of all moneys earned by the
Contractor shall be retained by the Owner until the project is totally completed
as specified, and accepted.
The Contractor shall furnish a surety bond in an amount of at least equal to 100
percent (100%) of the contract price as security for the faithful performance of
this contract and for payment of all persons performing labor on the project
7
11.
12.
2
13
8.
9.
10.
14
15.
16.
The engineer shall promptly notifo the Contractor, in writing, if either the Owneror engineer, after due investigation, has reasonable objections to any
subcontractor on such list and does not accept him. Failure of the Owner or
engineer to make objection within two weeks to any subcontractor on the list
shall constitute acceptance of such subcontractor. After acceptance, no
subcontractor shall be changed without written approval of the Owner and
engineer.
The Contractor shall indemnifo and save harmless the City of Dania, their
agents and employees from or 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 project; or in connection with the same;
or by use of any improper materials or by or on account of any act or omission
of the said Contractor or sub-contractor, agents, servants, or employees.
Contractor further agrees to indemnifo and save harmless the City of Dania,
their agents or employees, against any claims or liability arising from or based
upon the violation of any federal, state, county or city laws, byJaws, ordinances
or regulations by the Contractor, his agents, servants or employees.
The indemnification provided above will obligate the Contractor to defend at its
own expense or to provide for such defense, at the City of Dania option, of any
and all claims of liability and all suits and actions of every name and description
that may be brought against the City of Dania which may result from the
operations and activities under this contract whether the construction operations
are performed by the Contractor, sub-contractor or by anyone directly or
indirectly employed by either. The execution of this conhact by the Contractor
shall obligate the Contractor to comply with the foregoing indemnity provisions;
however, the collateral obligation of insuring this indemnity must be complied
with as set forth below.
IN WTNESS WHEREOF, the parties hereto have executed this Agreement on
the day first written above, in two (2) counterparts, each of which shall without proof or
accounting for the other counterpart be deemed an original Contract.
a
under this Contract. The surety on such bond shall be by a duly authorized
surety company satisfactory to the Owner.
The contractor will be required prior to execution of the contract by the Owner,
to furnish a certificate of insurance and will cause to be issued by the
Contractor's insurance carrier, an endorsement lncluding the City of Dania as
named insured under such contract of insurance.
ATTEST:
CITY CLERK. AUDITOR
WITNESSES
By:
APPROVED AS TO FORM AND CORRECTNESS
By:
Frank C. Adler, City Attorney
CITY OF DANIA, a municipal
corporation of the State of Florida
By:
Mayor -roner
By
M
C
Community Asphalt Corp..,
a Florida Corporation
President
4
l4@5 N.W 186 Sl
HIALEAH, FL 330]5
(305) 829{7m
FAX (305) 829-1 366
PALM BEACH (407) 790{467
FAX ({O7) 79Gr073
ASPHALT PRODUCNON
MILLING & MCYCIING
ASPHALT PAVING
POTYMER.MODIFIED MIXES
COI.O PATCHING MIX
c.c Lrc No. cG cot td75
FDOT CEI?TIFIED
O€NENAL CONTRACTOR
,1 ROAOS
AIRPOPTS
COMMERCIAI.
coMlulul$fl
ASPHATI
(ORP.
EZ
REE
METfBER
ilAPA
-r'llr'-,
"A100% f,Ecvcl!8r.E
September 6, 1996
City of Dania
100 West Dania Beach Blvd.
Dania, FL 33004
Attn: Mr. Leo Williams
Re: Annual Resurfacing Contract
Per our previous conversations, Community Asphalt Corp. will gladly honor
the unit prices of the Broward County Annual Resurfacing Contract South of
Broward Boulevard (Bid #H-12-94-16-12) to resurface various city streets in the
City of Dania.
lf you should have any further questions, please feel free to contact me..
Sincerely,
COMMUN
Alex
Project ager
cc: lgnacio Halley, P.E
ww\con\as\96-003
mjr
ASPHALT CORP.
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