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HomeMy WebLinkAboutR-1997-069 RESOLUTION NO. 69-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND THE REDLAND COMPANY, INC. FOR NORTHWEST 18' STREET BRIDGE IMPROVEMENTS UNDER THE COMMUNITY BLOCK GRANT PROGRAM; AND 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 The Redland Company, Inc. for Northwest 15t Street Bridge Improvements, under the Community Block Grant Program, 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 hereby directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 27 DAY OF MAY 1997. MAYOR-COMMISSIONER ATTE : CITY CLERK-"AUDITOR APPROVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY Resolution No. 69-97 I , T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T ALA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of.41A Document A201, General Conditions of the Contract for Construction, it adopted in this document by reference. Do not use witb otber general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contactors of America. AGREEMENT made as of the Thirteenth day of May in the year of Nineteen Hundred and Ninety-Seven BETWEEN the Owner: City of Dania (,Vame and address) 100 West Dania Reach Boulevard Dania , FL 33004 and the Contractor: Redland Co. , Inc . (Name and address) 23799 SW 167 Avenue Homestead , FL 33031 The Project is: City of Dania NW 1st Street And C-10 Canal Bridge (,Vame and location) Improvement Project Bridge ''64031 >I: The Architect is: Coastal Systems International , Inc . (,Vame and address) 464 South Dixie Highway Coral Gables, FL 33146 *The term Architect shall hereinafter mean Engineer in this Contract Agreement . The Owner and Contractor agree as set forth below. J Copyright 1915, 1918. 1925. 1937, 1951, 1958, 1961. 1963, 1967, 1974. 1977. ©1987 by The American Institute of Archi. tects, 1735 New York Avenue,N.W.,Washington, D.C.20006.Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. u ALA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION •AIA' • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YE � Ild'ADIV.C._20006 AIO14987 1 6LrlllR��` FLK/' I Page N o. 42 �1 _. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract(General, Supplementary and other Conditions), Drawings. Specifications. Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and tNodificadons issued after execution of this Agreement;these form the Contract,and are as hilly apart of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral. An enumeration of the Contract Documents, other than Modifications,appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents.ma[�aq>sotdleaese[3ep><eifscetlR�b+iaYeil ifiaiiOrt A1C 77idic�f09*a Mir R.5j fttzt3t,""dalinxVaat3tlldta6X I ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured,and shall be the date of this Agreement,as first written above,unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. ((Wren the dale of commencement. if it differs from the date of tbts dgrrameW na if applicable.state tbat the date will be/lied In a notice to proceed.) Date of commencement shall be established by the date of the notice to proceed . Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages,mechanic's Hens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entir:Work not later than (insert the calendar date or number ofcalmdar days after the date Oftommrncemenr. t4oinsertam requiremenuJorearlirrSubstantial Completion of cery torn portions of the WOrb, if not stated elrewbm in the Contract Documents.) Substantial completion no later than ;20 calendar days from the date of the notice to proceed . I subject to adjustments of this Contract Time as provided in the Contract Documents. ! err pmrarmns. if m)v.for liquidated damages relating to fadu`e to rump/ete tin time.) The Contractor and Contractor s Surety shall be liable for and shall pay the City of Dania the sum of Two Hundred Fifty Dollars J ($250 .00) as liquidated damages for each calendar day of delay until the work is substantially complete . AU OOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • .UA' •31 1987 THE AMERICAN INSTITUTE OF ARCHITECTS.t'35 NEW YORK ACENCE.N.W„WAiH.NGTON.D.C.a0006 Alol-1987 2 Page No . 43 I ARTICLE 4 CONTRACT SUM -� T�1 ��1i h� the 4.1 One wp u she Q�t p t y�in a a td , l"i°vne u n�i a ce of the Contract the Contract DoUm (f 152 ,500 . 00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Slue is based upon the following 21tema[es, if any, which are described in the Comr=Documents and are hereby accepted by the Owner: (State the numbm or otber idmiiJirallon of accepted altemara.If dnslom on otber abnwrer an to be made by The Oumersubsequent ra the esKWlon of lb,$Agrennent,attach a scbedwe of surb otber abemates sbowmg rbe amount for eaeb and the dwe unw wblcb Ibot amount is VW'&) Contract price is based on base bid of t161 , 000 less (deduct) miscellaneous asphalt , sidewalk , and utility revision outlined in Change Order No. 1 (attached ) and made a part of the contract documents . 4.3 Unit prices,if any, are as follows: Contract is a lump sum with a cash allowance of $7500 .00 for miscellaneous concrete repairs described in Addendum No . 1 of the bid documents . I I _J AIA DOCUMENT A10t • OWNER-CONTRACTOR AGREEMENT• TWELFTH EDITION • AIA'• • m1987 A101.1987 3 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE,Y.W.WASHINGTON,D.:.20006 Page No .44 i ARTICLE 5 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Architect by the Contactor and Centficates for Payment issued by the Architect, the Owner shall make progress payments on account of the Cuntract Sum to the Contractor as provided below and c6ewhere in the Contract Documents. 5.2 The period covered by each.application for Payment shall be one calendar month ending on the last day of the month.x x,-;c tFAltYxrXs: i 1 i i �. 5.3 Provided an Application for Payment is received by the Architect not later than the first day of a month.the Owner sit"make payment to the Contractor not later than the thirtieth day of the fo l to wi n g month.$6ua gR*OatfooXorfWiCm or axxtaved by the � a41fd4t1f3�K3h2ir>QDk15�f�ti2(aYQkV434dF%G�2ftlld48��341f12SrltMf6RUrXrVfalCBty'i•:QEW�F11Edrn16PUJtdF:AiidC � iYaX�CaYcift}itYG'G1Yt7I11fdtOtdfdtt�CBEXnt741p�flA`X��0DK 667lACanK 5.4 Each Application for Payment shall be based upon the Schedule of values submitted by the Contractor in accordance with the Contract Documents. The Schedule of values shall allocate the entire Contract Stun among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.This Schedule. unless objected to by the architect.shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Pavment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shag be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of values, less retainage of Ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work.amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction for,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less rerainage of Ten percent( 10 %): 5.6.3 Subtract the aggregate of previous payments made by the Owner: and j 5.6.4 Subtract amounts. if anv. for which the architect has withheld or nullified a Certificate for Payment as provided in Pan- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add. upon Substantial Completion of the Work, a sum sufficient to increase the total payments ro Ninety percent( 90 %)of the Contract Sum. less such amounts as the architect shall determine for incomplete Work and unsettled claims:and •5.7.2 Add. if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.6 Reduction or limitation of retainage. if any, shall be as follows: rif a ns nntennaea.prior to Whfranual d u nnpleaf.... /the entire lr'mk, to rrduar ar limit the remtnage resu/tin,R/nirn the percentages interred in Subp<nra• graphs i.h.l.end i.h.J nlnnr.aria rhi.it nut rasp/nuwd rlseadmrr in eke 0111travi lalKanlents,mterl here pnirismns lnr suite reduction or limitation.) Full payment of retainage to be made at time of final completion of contract . AIA DOCUMENT A101 • i WNER-CUSTRACTOR AGREEMENT • 'rwELFTIf EDITION • %IAk • =A'W Aif31-1987 4 I'IIF.:UaERII:.0 INSTITI'TEOFARCHITECTS.I"ax SF.\t'1'OHK.k�ENUE...N%tl'.wASHISGTII,`:,D.C:._10xo Page No . 45 I i I ARTICLE 6 FINAL PAYMENT Final payment,constituting the enure unpaid balance of the Contract Sum.shall be made by the Owner to the Contractor when(1) the Contract has been fully performed by the Contractor except for the Contracroi s responsibility to correct nonconforming Work as provided in Subpangnph 12.2.2 of the General Conditions and to satisfy other requirements,if any,which necessarily survive final payment;and(2)2 final Certificate for Pavmcni has been Issued by the Architect;such foul payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificue for Payment, RAPS kilo ybx I. II i ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Condidons or another Contract Document.the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located (!meet raft of Interest agreed upon,n/any.) Article 7 not a part . (Usurylams and requiremenuunderthe Federal rmlb in Lending Art smalarstate and mealconsumarcred/t lams andotbermguwio=xibro sand Contractor's principal places o/Indmou.the locadon of the Frojars and elsembere may a)/Kt the validity allbis pruvunon Legal advioe sbould be oblasned wab respect"delernons or mcaificatnow.and also regarding requnremenu sucb as written disclosures or uwnwrs.) 7.3 Other provisions: None. I ARTICLE 8 TERMINATION OR SUSPENSION -� 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in article 14 of the General Conditions. I . AIA DOCUMENT A101 •OWNER-CONTRACTOR.AGREEMENT • TWELFTH EDITION• .AIAs • n519R7 THE AMERIC.AN INSTITUTE OF ARCHITECTS,1735NEW YORKAVENVE.N.W,WASHINGTON,D.C.21wY)6 A101.1987 6 Page No . 46 n_ —A i 1 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor,ALA Document A 101, 1987 A Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction,AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained In the Project Manual dated March 21 , 1997 and are as follows: Document Title Pages r See attached Table of Contents from Project Manual . r. % 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: tEilber list the Spe ifitativm here or refer to an rxb,bit a+mcbed to tbu dRnrmrnc/ Section Title PagCB See attached Table of Contents from Project Manual . J AIA DOCUMENT A101 • OWNER-CONTRAC?OR AGREEMENT • TWWrH EDITION• AIAa • -01987 A101-1987 8 THE.AAIERICANI?lSTITCTEOFARCHITECTS, 1-31NEWYORA.wETICE,SW.WASHINGTON,D.(LJtRu)6 Project NO . 47 _ a. I to proceed 9.1.5 The Drawings ue as follows, and are dated same as n o t i c e' mess a different due is shown blow: (Eftb•r ter tb•Dmvingr bm or r•fv to an•rbdb0 att"b d to tbu AgnNInVU.J Number Title Date City of Dania NW 1st Street And C-10 Canal Improvement Project . Bridge 864031 i I 9.1.6 The Addenda, if any, are as follows: Number Date Pages No . 1 4/8/97 11 Change Order No. 1 5/13/97 1 Potions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 - OWNER-CONTRACTOR AGREEMENT- TWELFTH EDITION•AIA° • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W.,WASHINGTON,D.C.20o06 A101-1987 7 Page No • 48 i I 9.1.7 Other documents, If ally, forming put of the Conmict Documents are 21 follows: (Lia berr any addtaonrt dowm.nau*kb"lnnmaa taytmpan ofavrnnrmuaom�mra.cne.w(aMlrmiop.00ia.rem e+aahg nqulnm.ns:,.re WadvfnUv1Wnt0rhWdud0tt0btd lmm Ut to etddem tampsformtandtbtfonwmwrYbida notpmtoftbr CaumnaDaaamw unlmemmtrtaad In tba.{gtranrw.. Tbey sbouW br tlttrd bm only if inundrd to br pat of tbs•Connvu Oomnmm., None. i i i i ATT T: APPROVED AS TO FORM & CORRECTNESS: MARIE JAB LEE TY CLERK BY: CITY ATTORNEY—FRANK C. ADLER MICHAh W. M H CITY MANAGER Thts vlgrt nlmt is en into 1g of the day and year first written above and is executed in at lent three odgirtal copies of which one Is to be defiveted to the Contr=or,one t0 the Architect for use in the administntlon of the Conma,and the remainder to the Owner. I OWNER City of Dania CONTRACTOR The Redlands Company (Slgnatarr) (srgnarnn) BOB MIKES, MAYOR (PNtaed name and true) (Printed name and title) AIA DOC MW f A101 • OWNER-CONTRACTOR AGREEMENT•TWELFTH EDITION• AIA0 • *01907 THE AMERICAN INSTITLITE OF ARCHITECTS.1755 NEW YORK AVENUE.N.W..WASHINGTON.D.C.20W6 AIOI-1987 8 Page No .40 I I i i . --� i i i i I '� i i i i I (I f __ L�