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Home My WebLink AboutR-1998-082 RESOLUTION NO. 82-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN THE CITY OF DANIA AND MARANDOLA CONSTRUCTION, INC. TO PERFORM THE WORK NECESSARY IN COMPLETING THE "MELALEUCA GARDENS WATER MAIN REPLACEMENT' PROJECT IN THE AMOUNT OF $43,450.00; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That that certain Agreement between the City of Dania and Marandola Construction, Inc. to perform the work necessary in completing the "Melaleuca Gardens Water Main Replacement" project in the amount of$43,450.00, which agreement is attached as Exhibit "A", is approved and the appropriate city officials are authorized to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. i PASSED AND ADOPTED this 12th day of May 1998. MAYOR-COMMISSIONER A T: CITY CLERK-AUDITOR APPROVED I T ORM AND CORRECTNESS: CITY ATTORNEY RESOLUTION NO. 82-98 I DOCUMENT 00500 I AGREEMENT - THIS AGREEMENT, made and entered into on the day of AAA p� , 1998, by and between the City of Dania, Florida, hereina r called the Owner, and Marandola Construction, Inc., hereinafter called the Contractor. 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 to complete the "Melaleuca Gardens Water Main Replacement" contract for the City of Dania, 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; Advertisement for Bids; Instructions to Bidders; General Conditions, supplementary Conditions, Addenda, Construction Drawings and Specifications; the Proposal and acceptance thereof. 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 sixty days (60 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 or Proposal, in lawful money of the United States, the amount of Forty-three thousand four hundred fifty Dollars and no cents (543,450.00) based on the estimated quantities and unit, or lump sum prices contained herein. 4. That the Owner, within thirty (30) days from the day an Engineer's approved Application for Payment is presented to him, will pay the Contractor the amount approved by the Engineer. I 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 Mar/98 00500-1 EXHIBIT "A" 97-1791 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 Agreement shall be made within thirty (30) days after the completion by the Contractor of all work covered by this Agreement and the acceptance of such work by the Owner. T 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 to the Contractor, the Owner may retain the sum of Two Hundred ($200.00) Dollars per day for each day thereafter, Sundays and Holidays included, that the work remains uncompleted and the Owner is denied full Beneficial Occupancy of the utility, which sum shall represent the actual damages which the Owner will have 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 Contractor. 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 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, replace the Surety at its expense, within five days after the receipt of 1s notice from such form and amount and with such surety or sureties as shall be satisfactory from the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Agreement until such new t 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, 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. o additional work or extras shall be performed unless the same shall be ' duly authorized by appropriate action of the Owner. 00500-2 97-1791 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. 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 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 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 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 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 Engineer. Each requisition shall be submitted in quintuplet to the Engineer 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. I e' iR ry t ; 00500-3 97-1791 4° ��T:. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the u � day first written above, in sextuplet ( six ) counterparts, each of which shall without proof or accounting for the other counterpart be deemed an original Contract. Marandola Construction, Inc. WITN S: CONTRACTOR &VU44" VICE PRESID NT TITLE DATE: OWNER CITY OF DANIA, a Florida ATTEST: Municipal Corporation � ;�. ram, Jim Cali 4Marie Jabalee ' Mayi r City Clerk (Seal) Mich 5 ith APPROVED AS TO FORM AND ICity na er CORRECTNESS: � � DATE: CO -�. q 6 �as Ans o City Attorney, City of Dania Commission Approved: May 12, 1998 Date Contract Amount: END OF DOCUMENT i AW. So Mar/Be 00500-4 97-1791 Ate. LASON SYSTEM'S INC. S.E. 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126 305-477-9149 . 800-287-4799 • FAX 305-477-7526 I I i I a photocopy POOP in condition FC 017 i - . F :: \ . ; - ,, : :. P '; .. i';. :� I", , , I i , rr' 1 ;, A I . ..:. .. j ,, �� ;, `r� I �'.� L (l n ��. ��_ � �. �' .r� ' �.t ,' 4.1 - �- % . i ) �«�' €��