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HomeMy WebLinkAboutR-1995-057 A,, t" I r a• �Fe 4�'�YR.k1T ix {L4 Alf e RESOLUTION NO. 7-95 r n+ j ar f iS " RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING ' AGREEMENT BETWEEN THE CITY OF DANIA AND THE POOL 4 ; PEOPLE, INC., RELATING TO CONSTRUCTION OF MODELLO n} 1 PARK POOL; AND PROVIDING FOR AN EFFECTIVE DATE 4a, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: G �M -SgQIiOn I. That that certain Agreement between the City of Dania and The Pool People, Inc., relating to construction of Modello Par Pool, co k PY of which is � pit r; attached hereto and made a part hereof as Exhibit "A be and the same is hereby a«Ta, t} approved and the appropriate city officials are hereby authorized to execute same. Section2 That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 25th day of April" I 1995. ,p 77 t ATTEST: ' t tlrrft Ni� a' n s�iL9iyi i( �4 Z Acting City Clerk o_Auditor Ma or- Y issioner i } Ys` APPROVED FOR FORM AND CORRECTNESS I 4ry Sx'sY f � t✓"{ By.. Q kLL ; Frank C. Adler, City Attorney Kr F f eti�s ;"� � u r II ✓ drG'��o- i a ,"iry ' Resolution No. 57—95 r� z �' � " ,�5•%'�j�ern' /q. 4 • e a r qy, Y 4 1 h S t54rll YMlyi ' 1 t 1 4� 1 �•` AGREEMENT THIS AGREEMENT, made and entered into this day of April, 1995, by and 1 between the City of Dania„ Florida, hereinafter called the Owner, and The Pool People, Inc., a Florida Corporation, hereinafter called the Contractor. 4 , , 4 r 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 materials equipment and labor to perform all the work necessary to complete the City of Dania Modello Pool demolition, new installation and related sitework for the City of Dania, Florida, all in full and complete 0 accordance to the following Specifications and Contract Documents, which are 4 r incorporated herein and made a part hereof by reference, as if fully contained herein: Notice for Bids; Instructions to Bidders; General Conditions, Supplementary Conditions, Addenda, Construction Drawings and Specifications; the Proposal and f .k, acceptance thereof. r 2. That the Contractor shall commence the work performed under this Agreement on a t date to be specified in a write-in order by the Owner and shall fully complete all work x> within sixty (60) calendar days from said date. Y 3. 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 One Hundred Three Thousand Fifty-Five no/100 Dollars ($103,055.00) based on the estimate, r`'] t } : and unit, or lump sum prices contained herein. quantities - 5f w » 4. That the Owner, within thirty (30) days from the day of final inspection and acceptance �''✓"" y the Owner, pay the Contractor the amount approved. 5. 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 w Owner. r„ ri 6. That upon submission by the Contractor of evidence satisfactory to the Owner that all pay, As, 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 thirty ' rty (30) days after the completion by the ��3�iiprtf�+'• EXHIBIT "A" i 3 ' w ,x .4 PS ky,Y.t r .+ hl,tl ( ,� r /F,n,: r i"'#�'s�'OC.•.t Yj�.. e; FC^ flFij t ar w�.Z 17. r 1 1t t, fJ jIC f ZV 7.4 if Contractor of all work covered by this Agreement and • the Owner. the acceptance of such work by i 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 the time herein specified, it is agreed that from the compensation otherwise to be paid to 7. 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 which the owner will have sustained per day by the 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. rt 8. 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 j 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 days after the receipt of notice from Owner, increase the amount in such form and cover the performance of the work, the Contractor shall, at its expense, within five r , ! 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 '9 work shall be furnished in a manner and form satisfactory to th ownerformance of the f 3 9. No additional work or extras shall be performed unless the same shall be duly authorized by appropriate action of the Owner, y vent either i 10. That in the e a P rty brings suit for enforcement of disagreement, the j !4 prevailing party shall be entitled to attorney's fees and court costs in addition to any 3 )Y, other remedy afforded by law. i a r 11. 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 l immediately correct any defects which may appear durin this y the Owner. 9 period upon notification r ` 12. The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those rising from unsettled liens, from faulty work appearing within 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 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 +rid such supporting evidence as may be required by the Owner. Each requisition shall be e r' x"4Y 2 . i r � . ; ( Y + t t. +1 1 • submitted in triplicate 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 } r project is totally completed as specified, and accepted. A N 14. 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. 15. The Bid Bond, the Performance Bond and the Payment Bond (Contract Bond) must r 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. rf The surety company shall hold current Certificate of Authority as acceptable surety on c federal bonds, in accordance with U.S. Department of Treasury Circular 570, Current Revision. 16. 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 architect, in writing, for acceptance by the Owner and architect, a list of the names of the subcontractors proposed for all parts of the work. r The architect shall promptly notify the Contractor, in writing, if either the Owner or architect, after due investigation, has reasonable objections to any subcontractor on }} such list and does not accept him. Failure of the Owner or architect to make objection ' } i within two weeks to any subcontractor on the list shall constitute acceptance of such F_ subcontractor. After acceptance, no subcontractor shall be changed without written approval of the Owner and architect.r j ( { 17. The Contractor shall indemnify and save harmless the City of Dania and, its 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 0.1proper '31materials 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, its 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 u 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's option, 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 '* 6 under this contract whether the construction b operations ax P y performed by the • 3 yn { F a n rz 6 w"A;+nor ' �...r.zYz`'7� - £r �'ktJ4,y�''k5 xnt�..,y ♦ {��', 1 TRl yd 41.1 I a pf4 w f� r 1 l t a , V� l J�YSJ 1 1 Y , 1 Contractor, sub-contractor or by anyone directly or indirectly ern ployed byexecution of this contact by the Contractor shall obligate the C nt actoreto co pTe ly r, with the foregoing indemnity provisions; however, the collateral obligation of insuring d r n'a 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 are included in the bid form and must be completed by the bidder. t r: 18. The bidder's attention is directed to the insurance requirement 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 named insured under such contract of insurance. R r IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day first written above, in three (3) counterparts, each of which shall without proof or accounting for the other counterpart be deemed an original Contract. i •��T< Aal;f i 4 V i CITY OF DANIA, a municipal `f ATTEST: corporation of the State of Florida �i4 1L 1 S• a By: t CITY CLERK -AUDITOR Mayor- Commissioner By. J . t Robert F. Flatley xf' Lr f City Manager i WITNESSES: s� The Pool People, Inc ., a Florida Corporation W By: ` President r APPROVED AS TO FORM AND CORRECTNESS Hr v ..f By: J Frank C. Adler, City Attomey f r ',a`ri+i15 R PYtGav�t ' J Y \• 4{ ¢ a ut .kv 'A UtL4K su '"•clfk =t�M`r ihr` 41;� 'iFy� 'j•iY+�' y3i �,��4xKfi.y( ny • i�. ... 1 a'1. �n �4�° Yi ;�,,,: \+ia� ka\��✓f ley � ,i1, . � e ^. � rel. 'Lrvf fCJ{ 1 P \ F U�yyn�}a �f ,Y tfty K y. . 1 VR 1 R l`3 F � 5 v j These images were produced in the normal course of business by: The Microfilm Depot/Advanced Imaging Solutions x1-4 1213 South 30 Avenue, Hollywood, FL. 33020 Brow: (305) 927-4404 Dade: (305) 625-0509 Al 4r. I , 415j /I 4M114�•1'yy 7 � + e1R ry.�Jyh• z anti * fin 4.6.b F a� :, aim > I\ r wl :\ � �{ a2� � � . � . ©» . � ©\ [