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HomeMy WebLinkAboutR-1995-054 r Y 1f • RESOLUTION NO. 54_95 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN MARANDOLA CONSTRUCTION, INCORPORATED AND THE CITY OF DANIA RELATING TO r r : PROVISIONS FOR FURNISHING WATER AND SEWER SERVICE TO DANIA BEACH PARK, PURSUANT TO THE TERMS AND SPECIFICATIONS SET FORTH BY BERRY & CALVIN, INC., PROJECT NO. 93-1140, PREPARED DECEMBER, 1994; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: r �. av tion 1 That that certain agreement between Marandola Construction, Incorporated and the City of Dania, Florida, for furnishing all material, equipment and labor to perform the x � "t work necessary to complete water and sewer service to Dania Beach Park, a copy of which is ,- Uf 1 N+4> attached hereto and made a part hereof as Exhibit "A", together with the terms and specifications for said agreement as set forth in Berry & Calvin, Inc., Project No. 93-1140 i, prepared December, 1994, which are incorporated herein and made a part hereof by reference, be and the same is hereby approved and the appropriate city officials are hereby authorized 9 and directed to execute all documents relating to same. i r° j4. • lion 2 That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on the 25t11 day of April , 1995. ax y Yt ii a xgaa. Y ATTEST: Mayor- Co ssion er Acting City eierk-Auditor APPROVED AS TO FORM AND CORRECTNESS 1 v t y-. a , r By: �.c� R Frank C. Adler, City Attorney Y C t 1 ¢ ry1{ r P] rt, Resolution Ko. 5 4—9 5 , ; x fir.;�xa mar.; rtir}nf'r aC.ri� .: - , y :; , �% ! r n a�i. S'Ya}•op`,v�k � w 7 } A ) 1 N��ty,. Aryrf i e 1'� 1 p�p kY{tt �� � 'Y+a � ! 'L 4 t - •.1a 1 � ��� , , e ( K Frtn z" •* t y i y�,g[y ,•,It t S ``,Y a 1.•4,f4 U. • F. DOCUMENT 00500 AGREEMENT { THIS AGREEMENT, made and entered into on the 1995, by and between the Cityof Dania, day of ------------- called the Owner, and Marandola Construction In Florida, hereinafter L coroorater� , hereinafter called the Contractor. W)TNESSETH: 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 JL ' labor to perform all the work necessary to complete the "Water and Sewer Service to Dania Beach Park" contract for the City of Dania, r, << ' Florida, all in full and complete accordance to the preceding Contract Documents, which are attached hereto and made a part thereof, as if fully contained herein; a _ r Advertisement for Bids; Instructions to Bidders, General � Conditions,supplementary Conditions,Addenda,Construction Drawings and Specifications; the Proposal and acceptance thereof. y '4 2. That the Contractor shall commence the work performed under this Agreement on a date to be specified in a written order by the Owner and shall fully complete all work within one hundred eighty days (180 days) from said date. t4y 3. That the Owner hereby agrees to pay to the Contractor for the faithful performance 1 x, of this Agreement, subject to additions and d eductions as provided in the 9 „f' a< Specifications or Proposal, in lawful money of the United States, the amount r wi of On hundr d nine -s v n hQOAQLgne hundred ei h -five Dollars ($197,185.00) based on the e � j G stimated quantities and unit, or lump sum prices g4p{� contained herein. 4• That the Owner, within thirty (30) days from the day an Engineer's approved It le , Application for Payment is resented to him'• y p pay the Contractor the amount approved by the Engineer. tAa ; 5. Partial payment shall be made on the basis of work performed during the preceding fi'v„fs calendar month, less ten percent (10%) of the amount of such estimate, which ;4A is to be retained by the Owner until all work within a particular part has been V} dr t � ,46q,• � yN performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. a gg y' q �SF'S E V 11 Qp . 1294 Xkd@T ran r! 93.1140 �Y e� 5 rt.os ki-v!��g,,7:. M t� H {y H .Y 1L t��l (4 '• �' i lb 6. That upon submission by the Contractor of evidence satist'aL'S:ory to the Owner _ r 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 thirty (30) days after the f w 2 ox 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 construction of the work is not completed within the time herein specified, it is agreed that from the compensation otherwise to be paid :o the Contractor, the Owner may retain the sum of Five Hundred (:$500.00) s Dollars per day for each day thereafter, Sundays and Holidays included, that the work remains uncompleted and the Owner is denied full Beneficial Occupancy r: ' Of the utility, which sum shall represent the actual damages j e will h s which a 9 ch ha ve sustained per day by 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 s ` i„' Contractor. 2` 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 r 'j w perfcrmance and payment, the Owner shall deem the surety of sureties upon r 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 such form and amount and with j/. w t no further payment to the Contractor shall be deemed to be due under this such surety or sureties as shall be satisfactory from the Owner. In such event, a•. 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, ti v 1 9. The rate of wages for all laborers, mechanics, and apprentices employed by the r t Contractor or any Subcontractor on the work covered by this Contract shall noti be less than the prevailing rates of wages for similar skills or classifications. ( 10. No additional work or extras shall be performed unless the same J 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 s prevailing party shall be entitled to attorney's fees and court costs in addition M'n` to any other remedy afforded by law. ` 12. The Contractor shall guarantee the complete project against poor workmanship r „; r L.: „. and faulty materials for a period of twelve (12) months after final payment and w, t hYttt, �i >A 12/94 00500-2 S c . ' 93.1140 -,a. f Y hi ,•' 5 \ tl I � ) � �I. 1 yL��d♦' fly +ta 1 ��F l f �w yam , µr �✓h,�l l \ � y1NaM1^ IF r4:'iy11 t M1�i.`` ti k e y - - ✓ A�a�j.+J t•, w r tiy1 '.'rk itiYk y,Yy':.. xr rei v. YYYYYYYYYYYYY n < vvl, ,shall immediately correct any defects which may appear during this period upon notification by the Owner or the Engineer. 13. The making and acceptance of the final payment shall constitute a waiver of all claims b y 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 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 of monthly intervals. The Contractor's requisition shall show w e project components a complete breakdown P ts, the quantities completed and the amount due, together with such supporting evidence as may be required by the Engineer. Each requisition shall be submitted in quintuplet to the Engineer for approval. of all monies earned by the Contractor shall be retained by the Owneer until the project is totally completed as specified, and accepted. rr'`4ry�t A ti I ry`k e: n A mw i Yr l f t vt Afw �q 1 h (t r•r�M:' 1 r f9J( 5y F 1 'I C^ Y 'J " '�1JI A �rra fi 1 f �Y 12194 00500-3 ' q 93-1140 1` } ) 4 Try �x�LL'1r�rt yY...t f,n 1 ��r,C9 5YJ7L .�. M, Y `Yh SX♦.�. Es4J y � • l� ,ri4F Fri. s e !l d 30�*I�Adr+ a. x.'.S1 "��)il .w 21 �9}f2l .e�,14 f��4M4 y ,u1 �Y tih rl��#oirgr tv 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement day p n first written above, in sexL oft ( si_x 1 counterparts, each of which shall without proof or accounting for the other counterpart be deemed an original Contract. u+ 11M6 E �P Cl/arAn/Uo n 1°v �,r2�trla WITNE d"`erM1 dtN �3 i, I N C ?• tit ,ti Y, ti CONTRACTOR NIJ til�ri s ,F, se , �'i1 ✓�� �/ Z / I BY TITLE DATE: _ G ` S— 95 ' OWNER i, f � l a CITY OF DANIA, a Florida Municipal Corporation ATTEST: y Bill H Mayarde Marie Jabalee City Clerk (Seal) Ro ert F. atley s, APPROVED AS TO FORM AND City y Manager CORRECTNESS: Mf��;7•�.LY l��I q q 7 DATt K ! gv E: / ac.►.�i C� �,L�� s Frank Adler r'ea U �r ti City Attorney City of Dania , Y Commission Approved: MARCH 15, 1995 > Ir .rr+Fy �: Date i r+ Contract Amount: $197.185 00 i=71ekall��5"�' \ 4� END OF DOCUMENT 12194 ' 1a 00500-4 t,m , C t "`YWvSu� 9 _ c u1' y 4w, Y 'rQC p dr r.. ..r. .P,L`..`..✓!'^,..tY .;�;R tie. . 3�S+.t1.. � � �} � � �\ � �4 � � �� . �/ . �� � » } . 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