HomeMy WebLinkAboutR-1997-166 RESOLUTION NO. 166-97
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DANIA AND SUBAQUEOUS SERVICES, INC. TO
COMPLETE ALL NECESSARY WORK RELATING TO THE
"DANIA CUTOFF CANAL MAINTENANCE DREDGING
PROJECT"; AND PROVIDING FOR AN EFFECTIVE
DATE.
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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 Subaqueous Services, Inc. for the completion of all
work relating to the "Dania Cutoff Canal Maintenance Dredging
Project, " 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conflict herewith be and the same are hereby repealed to the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 25 DAY OF NOVEMBER 1997 .
XAYOR-CeMMISSIZONER
ATTEST :
CITY CLER UDITOR
APPR AS T FORM AND CORRECTNESS
A
CITY TTORNEY
Resolution No. 166-97
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CONTRACT
(To be executed in triplicate, two copies to be filed in the
Office of the City Engineer of Dania, Florida, and one copy to be
given to the Contractor) .
THIS AGREEMENT, entered into on November 25, 1997, between:
CITY OF DANIA, a municipal corporation of Florida, called
the "City", 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004,
and
SUBAQUEOUS SERVICES, INC. , called the "Contractor", a
Florida corporation, 4201 KEAN ROAD, FORT LAUDERDALE,
FLORIDA 33314, (305) 581-2810.
The "Project" is: DANIA CUT-OFF CANAL
The "City Engineer" is: COASTAL SYSTEMS INTERNATIONAL
464 SOUTH DIXIE HIGHWAY
CORAL GABLES, FLORIDA 33146
(305) 661-3655/ (305) 661-1914
The City and Contractor agree as set forth below:
Under due procedure of law, bids were received by the City
Commission of the City for the performance of work and supplying
materials, etc. , described below and the Commission having
considered bids, has determined that the bid of the Contractor
was the best and most desirable bid submitted, and has authorized
the execution of this contract.
The Contractor by virtue of signing the Contract,
acknowledges that they and all their subcontractors have
satisfied themselves as to the nature and location of the work,
the general and local conditions including, but not restricted
to: those bearing upon transportation and traffic maintenance;
disposal, handling and storage of materials; access road to the
site; the conformation and conditions of the work area; and the
character of equipment and facilities needed preliminary to and
during the performance of the work. Failure on the part of the
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E-XHIBIT "All
Contractor to completely or properly evaluate any factors of
1 costs prior to bidding shall not form a basis for additional
compensation if they are awarded the Contract.
In consideration of the mutual covenants and obligations of
this contract, the City does award the contract to the
Contractor, and the Contractor does agree to furnish the
necessary labor, tools, equipment, material and supplies, etc. ,
and to perform the work specified below at the following prices,
to-wit:
I
THE CITY OF DANIA CUT-OFF CANAL
MAINTENANCE DREDGING PROJECT
iThe undersigned bidder proposes to furnish all labor, tools,
material and supplies, and to sustain all the expense incurred in
doing the work set forth below that may be awarded the
undersigned by the City of Dania, Florida, through its proper
officers, and to do the same strictly in accordance with the
plans and contract documents on file in the Office of the City
Engineer of Dania, which are referred to below and made a part
hereof, at the following unit prices, to-wit :
BID
For furnishing all labor, material and equipment to
dredge ± 3100 linear feet of Canal (segments 1,2, 3, 4,
and 5) to the specified depth, including mobilization
and demobilization, providing as-built surveys,
acquisition of spoil disposal site, removal of fill,
onsite testing services to perform sampling and testing
of turbidity, submittal of test reports and provide a
FDEP approved Manatee observer during all water related
work in accordance with special environmental permit
conditions, the lump sum of ONE HUNDRED EIGHTY-THOUSAND
AND SIXTY-NINE ($187, 069) DOLLARS and NO/100th cents .
The City of Dania reserves the right to waive any informality in
any bid and to reject any or all bids .
The undersigned bidder proposes to execute the specified work
within the time frame specified below.
The reference standards are contained in the 1991 edition of the
Florida Department of Transportation' s Standard Specifications
for Road and Bridge Construction (FDOT) and its supplements with
changes pertaining thereto, as amended by the specifications.
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PRE-CONSTRUCTION SCHEDULING:
After the "Award of Contract" and prior to the issuance of the
"Authorization to Occupy the Site, " a pre-work Conference will be
held between the Contractor, City, the Engineer, utility
companies and other contractors affected by the work. The time
and place of this conference will be
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Bids Due 11: 00 a.m. November 4, 1997
Commission meeting to award contract November 25, 1997
Pre-construction meeting December 9, 1997
Insurance Certificate from Contractor
to City naming the City of Dania and Not later than
Broward County as additional insureds November 9, 1997
Performance Bond Certificate from Not later than
Contractor to City November 9, 1997
Contract starting time Not later than
December 12, 1997
*Project Completion Date 120 days after the date
of commencement
*Liquidated damages will include $500 per day from the
substantial completion date.
These prices include the protection and continuous use of
all existing sewers; conduits, drains, pipes, buildings, walks,
bridges and other construction encountered, and the prompt
repairing of any damage done them during the progress of the work
or from insufficient support; also, all filling, backfilling,
tamping , ramming, puddling and consolidating; the removal and
disposal of all rubbish and surplus material; also, all pumping,
bailing, draining or dewatering of all the excavations incidental
to the execution of the work; also, all loss or damage arising
out of the nature of the work or from actions of the elements, or
from any unforeseen obstruction or difficulties encountered in
the prosecution of the work; also, the furnishing of all
necessary labor, tools, equipment, materials and supplies, etc. ,
and the performance of the whole work mentioned in the detailed
plans and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the
suspension or discontinuance of the work specified and a faithful
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compliance with each and every one of the requirement of the
1 contract and for the faithful completion of the whole, in the
manner specified, including the maintenance of the entire work
and construction in good condition and repair until final
acceptance.
In consideration of the payments and covenants to be made
and performed by the City, the Contractor does agree:
(1) To furnish all labor, tools, equipment, materials and
supplies and to do all the work in a first-class,
substantial and workmanlike manner, and in conformity
details for the work on file in the Office of the City
Engineer of the City of Dania, Florida, and strictly in
I accordance with the specifications, general
stipulations and plans which are referred to and made a
part of this contract, as well as to the satisfaction
of the City Commission and the City Engineer of the
City, and in strict compliance with the directions
which may be given by the City Engineer or his
authorized representative, at and for the prices
plainly set forth.
(2) Upon notification by the City, to correct any defective
or faulty work or materials which may appear within one
j (1) year after completion of contract and receipt of
final payment.
(3) To comply with the regulations of the Secretary of
Labor of the United States of America made pursuant to
the Anti-Kickback Act of June 13, 1934, 40 U.S.C.
276 (c) , the Davis-Bacon Act, 40 U.S.C. 276a-7, and any
amendments or modifications thereto, and the Contractor
shall cause appropriate provisions to be inserted in
its subcontracts to insure compliance by its
subcontractor(s) under the provisions of the Anti-
Kickback Act, subject, however, to any reasonable
limitations, variations, tolerances and exemptions from
the requirements of the Anti-Kickback Act as the
Secretary of Labor may specifically provide. The
Contractor will comply with all provisions of Executive
Order 112 . 46 of September 24, 1965, and the rules,
regulations and relevant orders of the Secretary of
Labor.
(4) To pay promptly and before final settlement, any and
all claims or liens incurred in and about this work.
(5) The Contractor agrees that representatives of the U.S.
Public Health Service and the State of Florida shall
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have access to the work wherever it is in preparation
or progress, and that the Contractor will provide
proper facilities for such access and inspection.
(6) Apprentice and Trainee Requirements: Apprentices shall
be registered individually under a bona fide
apprenticeship program registered with a state
apprenticeship agency recognized by the Bureau of
Apprenticeship and Training, U.S. Department of Labor.
All contracts in excess of $25, 000 shall be governed by the
following:
Contractor or supplier agrees to make a diligent effort to
i hire for the performance of the contract a number of apprentices
or trainees in each occupation which bears to the average number
of journeymen in that occupation to be employed in the
performance of the contract, the ratio of at least one apprentice
or trainee to every five journeymen.
Contractor or supplier agrees, when feasible, to assure that
25% of such apprentices or trainees are in their first year of
training, except when the number of apprentices or trainees to be
hired is fewer than four.
Contractor or supplier agrees to submit, at three month
intervals, to the Bureau of Apprenticeship of the Division of
Labor, records of employment by trade of the number of
apprentices or trainees employed; race of all apprentices; the
number of apprentices or trainees in their first year of
training; and total hours of work of all apprentices, trainees
and journeymen.
Contractor or supplier agrees to submit to the Bureau of
Apprenticeship of the Division of Labor, at three month
intervals, a statement describing steps taken toward making a
diligent effort in the hiring of apprentices and trainees and
containing a breakdown by craft of hours worked and wages paid
for first year apprentices or trainees, other apprentices or
trainees and journeymen.
(7) The following documents are incorporated and made a
part of this contract:
(a) All documents which are attached.
j (b) The "Notice to Bidders, „ "Statement of Work, " the
"Proposal, " the acknowledgment before a Notary
Public, the "Bid Bond, " the "Instructions to
+)
Bidders, " "Special Conditions, „ Genera
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Conditions, " and "Specific Provisions" attached
hereto, the "Performance Bond, " the plans already
prepared, all addenda issued by the City before
the receipt of bids, and all provisions required
by law, whether actually inserted or not .
IN WITNESS WHEREOF, the City has caused these presents to be
signed by its Mayor-Commissioner, City Manager, attested by the
City Clerk with the corporate seal of the said City of Dania, and
the Contractor has executed these presents the day and year
written.
Signed, Sealed and Witnessed CITY OF DANIA,
in the Presence of: FLORIDA:
By
Witness Mayor-Commissioner
By —
Witness City Manager
Approved by: Attest:
City Engineer City Clerk
Approved as to form:
WITNESSES:
City Attorney
Witness - Print or type name
Subaqueous Services, Inc.
Witness - Print or type name By
Corporate Seal
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