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HomeMy WebLinkAboutR-1992-051 I RESOLUTION NO. 51-92 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND FLORIDA ELECTRIC SERVICE CO. , INC. RELATING TO INSTALLATION OF STREET LIGHTS; AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the certain Agreement between the City of Dania and Florida Electric Service Co. , relating to installation of street lights, 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 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 24th day of March 1992. MAYOR - COMMISSIONER ATTEST:44 ITY CLERK - AUDITOR y APPROVED AS TO FORM AND CORRECTNESS By: i FRANK C. ADLER, City Attorney , t 51-92 Resolution No. - ' • - yr .{., ry y. ' '9 AGREEMENT !y '� ( THIS AGREEMENT made and entered into on this day of , 1992 , by and between the City of Dania, Florida hereinafter called the Owner, and Florida Electric Service Co. , Inc. a Florida corporation, i hereinafter called the Contractor. f WITNESSETH: 1 . That the Contractor, for the consideration hereafter fully set out, hereby agrees with the Owner as follows : That the Contractor shall furnish all the material, equipment and labor to perform all the work necessary for the installation of 46 150 watt high pressure sodium vapor street lights, 10 of which, f to be located in Modello Park, shall be equipped with Lexon lenses, and 38 wooden poles of 30 ' length, according to the following Specifications and Contract Documents, which are attached hereto �•, and made a part hereof as if fully contained herein: Notice for Bids; Instructions to Bidders; Wage Rates, Block Grant i Requirements, General Conditions, Supplementary Conditions, I Construction Drawings and Specifications; the Proposal and acceptance thereof. 2. That the Contractor shall commence the work performed under this Agreement and on a date to be specified in a written order by the Owner and shall fully complete all work within the number of sixty ( 60) calendar days from said date. 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 Thirty-Five Thousand Five Hundred Twenty-Four and 66/100 Dollars ( $35, 524 .66 ) based on the estimated quantities and unit, or lump sum prices contained herein. 4 . That the Owner, within thirty ( 30) days from the day of final inspection and acceptance by the Owner, pay the Contractor the { amount approved. 5 . Partial payment shall be made on the basis of work performed during the preceeding 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. 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 construction of the work have been paid in full, final payment on account of this f EXHIBIT "q" Y Agreement shall be made within thirty ( 30 ) days after the " i completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. j 7 . It is mutually agreed between the parties hereto that time is of the essence in this Contract, and in the event construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the Owner may retain the sum of One Hundred Dollars ( $100.00 ) per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages for failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the Owner will have sustained in the event of such default by the Contractor. B. It is further mutually agreed between the parties hereto that if, at any time after the execution of the Agreement and the letter of credit or 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 or the - letter of credit 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 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 furnished in a manner and form satisfactory to the Owner. 9 . The rate of wages for all laborers, electricians, heavy equipment operators, mechanics, and apprentices employed by the Contractor or any subcontractor on the work covered by this Contract shall not be j less than the prevailing rates of wages for similar skills or If classifications as determined by the U.S. Department of Housing and Urban Development. 10 . No additional work or extras shall be performed unless the same shall be duly authorized by appropriate action of the Owner. 11 . 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. If 12 . The Contractor shall guarantee the complete project against poor i 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. 13. 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, or from requirements of the _2_ j It specifications. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. ' 14 . The Contractor may requisition payments for work completed during the project at monthly intervals. The Contractor' s requisition i shall show a complete breakdown of the project components, the quantities completed and the amount due, together with such supportng 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 monies earned by the Contractor shall be retained by the Owner until the project is totally completed as specified and accepted. 15. 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 under this Contract. The surety on such bond shall be by a duly authorized surety company satisfactory to the Owner. I 16. The Bid Bond, the Performance Bond and the Payment Bond (Contract Bond) must be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the same county as the project. The surety company shall hold current Certificate of Authority as acceptable surety on federal bonds , in accordance with U. S. Department of Treasury Circular 570, Current Revision. 17 . Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor, within fifteen ( 15 ) ' calendar days after the award of the contract, shall furnish to the engineer, in writing, for acceptance by the owner and engineer, a list of the names of the subcontractors proposed for all parts of the work. The engineer shall promptly notify the Contractor, in writing, if either the Owner or 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. 18 . The Contractor shall indemnify and save harmless the City of Dania and Broward County, 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 I " 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 indemnify and save harmless the City of Dania and Broward County, their agents or employees, against any claims or liability arising from or based -3- h ' sn : r.+ __.._.ter-._ ._..__. _.__. ._.. ._.,:_ ..... . . .._. . .. . ._ ._:...... :. .. _ federal, state, county upon the violation of any or city laws, by-laws , ordinances or regulations by the Contractor, his agents , j 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 or Broward County 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 and Broward Broward County which may result from the operations and activities under this contract whether the construction operations be performed by the Contractor, sub-contractor or by anyone directly or indirectly employed by either. The execution of this contract 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. The bid items for payment of the performance bond premium and consideration for indemnification to the City of Dania and Broward County are included in the bid form and must be completed by the bidder. 19. The bidder' s attention is directed to the insurance requirements set out in the supplementary conditions herein. 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 naming the Owner as the named insured under such contract of insurance. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first written above, in four ( 4 ) counterparts, each of which shall without proof or accounting for the other counterpart be deemed an original Contract. FLORIDA ELECTRIC SERVICE CO. , INC. Witnesses : By: Steven L. Slems, Director CITY OF DANIA, a municipal ATTEST: corporation of the State of Florida ` By: � . Bill Hyde Wanda Mullikin Mayor - Commissioner r ' . APPROVED AS TO FORM AND By Robert F. Flatley CORRECTNESS City Manager y: Frank C. Adler, City Attorney Date -4- �I ( i I 1 � t � t 1 • I I 4