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`a RESOLUTION NO. 156-93
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE CONTRACT BETWEEN THE CITY OF
f DANIA AND M. BONE, INC. RELATING TO
! REPLACEMENT OF DOCK AT I.T. PARKER COMMUNITY
CENTER; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, i
FLORIDA:
Section 1. That the contract between the City of Dania and M. Bone, Inc. relating
to replacement of the dock at I.T. Parker Community Center, a copy of which is attached
hereto as Exhibit "A", be and the same is hereby approved and the appropriate city
officials are hereby authorized to execute same.
I Section 2• That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED and ADOPTED this 14thdayof September , 1993.
Jul
ATTEST: MAYOR - COMMISSIONER
(CITY CLERK -AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
BY: -
Frank C. Adler, City Attorney
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DOCUMENT 00500
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AGREEMENT
THIS AGREEMENT, made and entered into on the h 3
' day of 1911,
1 and between the City of Dania, Florida, hereinafter Florida Corpor ,
by ation hereinafter
1 /1'1 �oAE L•
called the Contractor.
WITNESSETH:
That the Contractor, for the consideration hereafter fully set out, hereby agree
® 1 with the Owner as follows: i
That the Contractor shall furnish all the materials, equipment and labor
to them all the work necessary to complete the "City of Dania, I.T. Parker
Dock Replacement" for the City of Dania, Florida, all t full and complete
j , which
accordance
heheto following and
mada Specifications part thereof, as if fullycontained sherein;
are
dders; General Conditions, Supplementary
Notice for Bids; uConstruct C Instrctions to onstruction Drawings and Specificat ons;Phe Proposal
Conditions, Adenda
and acceptance thereof.
d under this
eement
Z• That the Contractor specified ina writ-node by the ownerence the work and shall fully complete
mplete
on a oat i b P from said date.
all work within thirty 1301 calendar days
That the Owner hereby agrees to pay the Contractor for the faithful performance {I
3 of this Agreement, subject to additions and deductions as provided in the
taes, he amount
Specifications of Proposal, in lawful money of the
DollarsUnited
$ S39L600t00 )based
I of THIRTY-NINE THOUSAND SIX HUNDRED
on the estimate quantities and unit, or lump sum prices contained herein.
nal
q• That the Owner, within thirty Iioe Contractor the amount) days from the day of lapprovedction and
acceptance by thee made on the basis of work Owner, pay
med
the
eceding
® 5• Partial payment shall
lessbt n percent (10%) of the amountrof such estimate, which '
'H calendar month, I
is to be rdtstrictly n by the owner until accordance with all
th swork
Ag Agreement
and particularsuch
work has
® performe
1� been accepted by the Owner.
92.1123
00500-1
May, 1993
I �
6, That upo `submission by the Contractor of evidence sausf actor F,,'Vihe Owner
i that all payrolls, material bills, and other costs incurred by the Contractor in
n paid in full. final
on
naccount o!f this the Agreement constructio
hseAgreemento shall be made within of the work have ethirty (30) days after the nection he
completion by the Contractor of all work covered by this Agreement and the
acceptance of such work by the Owner.
7. It is mutually agreed between the parties hereto that time is the essence of this
Contract, and in the event the construction of the work is not completed within
rthe time herein specified, it is agreed that from the compensation otherwise to
I be paid to the Contractor, the Owner may retain the sum of One Hundred ($100.00)
ra Dollars per day for each day thereafter, Sundays and Holidays included, that the
®.. work remains uncompleted, which sum shall represent the actual damages which I
the Owner will have sustained per day by the failure of the Contractor to compete
x
j the work within the time stipulated, and this sum is not a penalty, being the
l have sustained in the event of such default
liquidated damages the Owner wil
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 Surety Bond hereto attached for its faithful A k°
payment, the Owner shall deem the surety of sureties upon
performance and ,vr
,.
if, for any reason, such bond ceases to be
such bond to be unsatisfactory or y
5 adequate to cover the performance of the work, the Contractor shall, at its expense,
i within five days after the receipt of notice from Owner, increase the amount ti r
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 s;
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.
g, 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 less than the prevailing rates
of wages for similar skills or classifications as determined by the U.S. Department
of Housing and Urban Development.
i 10. No additional work or extras shall be performed unless the same shall be dully
authorized by appropriate action of the Owner. ^, .
1 1 . That in the event either party brings suit for enforcement of disagreement, the
prevailing party shall be entitled to attorney's fees and court costs in addition l
to any other remedy afforded by law.
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00500 2 9z-11 z3 fs 3
May. 1993
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i 12. The Contractor shall guarantee the complete project against poor workmanship
and faulty materials for a period of twelve (12) months after final payment and
e shall immediately correct any defects which may appear during this period upon
" ® notification by the Owner.
i
? 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
f� work appearing within twelve (12) months after final payment, or from requirements
I of all specifications. It shall also constitute a waiver of all claims by the Contractor,
f IIII� 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 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
ed by the Contractor shall be retained by
Ten percent (10%) of all monies earn `
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.
16. The Bid Bond, the Performance Bond and the Payment Bond must be executed I
by a Surety company of recognized standing authorized to do business in the
I
nt agent in the same county as the project.
State of Florida and having a reside
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.
i
I 17. Unless otherwise specified in the Contract Documents or in the Instruction 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 l
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
investigation, has reasonable objections
either the Owner or Engineer, after due i
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.
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00500-3
May. 1993 92-t t z3
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18. The Contractor shall indemnify 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 no 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, their agents or employees,
against any claims or liability arising from or based upon the violation of any federal,
state, county or city laws, by-laws, ordinances or regulations by the Contractor,
{
his agents, servants or employees. The indemnification provided above all will
obligate the Contractor to defend at its own expense or to provide for such defense,
option, of any and all claims of liability
at the City of Dania or Broward County
1 and all suits and actions of every name and description that may be brought against
the City of Dania and 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 terms for payment of the performance bond premium and
consideration for indemnification to the City of Dania is 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. IiI
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a 00500-4 92-1123
May, 1993
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
first written above, in Quintuplet ( five 1 counterparts, each of which shall
without proof or accounting for the other counterpart be deemed an original Contract.
WITNESS:
CONTRACTOR
BY
cGo!DQ• -�'1 "'� DATE:
TITLE
I OWNER
I
ATTEST: y
CITY OF DANIA, a Florida �!
Municipal Corporation
/Y4
WANDA MULLIKIN BOBBIE H. GRACE `
Mayor x tt
City Clerk
(Seal) r
ROBE T F. FLA LEY APPROVED AS TO FORM AND
City Manager CORRECTNESS:
DATE: ( FRANK C. ADLER
iCity Attorney
City of Dania
END OF DOCUMENT
00500-5
May, 1993 9z-t t 23
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