HomeMy WebLinkAboutR-1997-158 RESOLUTION NO. 158-97
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AMENDING
RESOLUTION 149-97 AND APPROVING THE AMENDED AGREEMENT
BETWEEN THE CITY OF DANIA AND RYAN INCORPORATED EASTERN
TO COMPLETE ALL NECESSARY WORK RELATING TO THE TIGERTAIL
LAKE DREDGE AND FILL PROJECT; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the city commission of the City of Dania passed a
resolution on October 14, 1997, approving the agreement between the
City of Dania and Ryan Incorporated Eastern to compete all
necessary work related to the Tigertail Lake dredge and fill
project; and
WHEREAS, clause five of the contract required the contractor
to complete Part B work, the excavation and removal of all
remaining materials, within three hundred days after completion of
the Part A work of the contract; and
WHEREAS, an addendum to the bid documents expands the
contractor' s time period to complete Part B work from three hundred
calendar days to four hundred fifty calendar days which allows the
contractor a total of five hundred seventy days to complete the
work in Parts A and B of the project; and
WHEREAS, the contractors bidding on this project have notified
the city' s engineers that the required fill to be excavated and
removed under Part B of the project can not feasiblely be
accomplished within three hundred calendar days and the lowest
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responsible bidder, Ryan Incorporated Eastern, agreed to complete
the work in Part B within four hundred fifty calendar days .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That the amended agreement between the City of
Dania and Ryan Incorporated Eastern, a copy of which is attached
hereto and marked Exhibit "A", be and the same is hereby accepted
and the appropriate city officials are hereby authorized to execute
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same.
Section 2. That the amended contract which is attached hereto
as Exhibit "A" shall replace and supersede the agreement between
the City of Dania and Ryan Incorporated Eastern which was approved
by the city commission on October 14, 1997.
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Section 3. That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict.
Section 4. That this resolution shall be in force and take
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effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 25th DAY OF NOVE R, 1997 .
�Y"-COSSIONER
ATT T:
C RK-AUntT6R
APPRO AS T RM AND CORRECTNESS:
CITY AT ORNEY RESOLUTION NO. 158-97
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DOCUt1ENT 00500
AGREEMENT
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This Agreement, entered into on the day of November,
1997, between:
CITY OF DANIA, a municipal corporation of Florida,
called the "City"
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and
RYAN INCORPORATED EASTERN, called the
"Contractor, " a Florida corporation.
WITNESSETH:
WHEREAS, 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 as follows 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.
In consideration of the mutual covenants and obligations of
this contract, the parties agree as follows:
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1. The City does award the contract to Contractor, and the
Contractor does agree to furnish the necessary labor, tools,
equipment, materials and supplies in order to perform the project
known as the "Tigertail Lake Dredge & Fill" project, and to
perform the work specified below at the following prices, to-wit :
PART A. - IMMEDIATE WORK
ITEM NO. 1
For mobilization of equipment and manpower to the site
including setting up a staging area, delivery of
equipment;
LUMP SUM $187, 700. 00
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EXHIBIT "A"
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ITEM NO. 2
Furnish labor, equipment and materials required for
clearing and grubbing the site including chopping,
grinding, and hauling away the material to an approved
site.
LUMP SUM $ 80, 500. 00
ITEM NO. 3
Furnish labor, equipment and materials required to
excavate, haul, place, compact and grade fill for the
new roadway and Tri-Rail site, including shaping the
lake banks on the west side of the railroad as shown on
the drawings; approximately 156, 000 cubic yards
(includes approximately 4, 000 cubic yards of fill for
construction of Angler Avenue) . Provide as-built
drawings.
per Cubic Yard 8 2 . 70
TOTAL: $421, 200 . 00
ITEM NO. 4
Furnish labor, equipment and materials required to
excavate, haul, place, compact and grade fill for the
j new roadway and Tri-Rail site on the east side of the
railroad as shown on the drawings; approximately 38, 000
cubic yards. Provide as-built drawings .
per Cubic Yard 8 5 . 57
j TOTAL: $211, 660 . 00
ITEM NO. 5
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j For providing Materials Testing by a Certified
Laboratory.
LUMP SUM: $ 5, 000 . 00
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ITEM NO. 6
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For payment of Performance Bond and Payment Bond
j premiums and consideration for indemnification of City
and Engineer as stated under the General Conditions and
Supplementary Conditions and for all work inclusive.
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LUMP SUM: $ 11, 500 . 00
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PART A SUBTOTAL: $917, 560. 00
NINE HUNDRED SEVENTEEN THOUSAND FIVE-HUNDRED AND SIXTY DOLLARS
(TOTAL WRITTEN DOLLAR AMOUNT FOR PART A)
PART B - REMAINING WORK
ITEM NO. 7
Furnish labor and equipment as necessary to excavate
and haul off site the remaining fill to the lowest
elevations shown on the drawings. Provide as-built
drawings of excavated lake. Excavated material shall
become property of the Contractor for his sole use and
purpose. The Contractor shall provide a credit item to
the City for use and sale of this material;
approximately 600, 000 cubic yards .
per Cubic Yard $ 1 . 62
TOTAL: $972, 000. 00
PART B TOTAL: <$972, 000. 00>
CREDIT AMOUNT TO CITY
(ITEM NO. 7 ONLY)
PART A & B TOTALS:
PART A (Item 1 through 6) $917, 560. 00
PART B (Credit amount, Item 7 only) <5972, 000. 00>
GRAND TOTAL: (REMAINDER OF CREDIT OWED TO CITY) <$ 54 , 440. 00>
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2. The parties agree that all work described in Part A and
Part B of this agreement shall be fully performed prior to any
request for payment.
3. The contractor shall ensure 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,
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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
compliance with each and every one of the requirements of the
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.
4 . The Contractor shall perform in full and complete
accordance to the Contract documents, which are attached hereto
and made a part thereof, as if fully contained herein. The
contract documents are identified as follows:
"Notice to Bidders, " "Instructions to Bidders, "
"Information Available to Bidders, " "Bid Bond, " "Public
Entity Crimes Affidavit, " "Trench Safety Form,
"Construction Payment Bond, " Construction Performance
j Bond, " "Acknowledgment of Conformance with O.S.H.A.
Standards, " "General Conditions, " Supplementary
Conditions, all addenda issued by the City before the
receipt of bids, all provisions required by law,
whether actually inserted or not, and all other
documents which are attached hereto.
5. The Contractor shall commence the work performed under
this Agreement on a date to be specified in a written order by
the City. Part A work shall be fully completed within 120
calender days from the notice to proceed. The Contractor will be
given 450 calender days to complete Part B, the excavation and
removal of all remaining materials. The entire work shall be
completed (Parts A and B) within 570 calender days from the
notice to proceed. The Contractor shall pay the City as damages
for non-completion of the work within the specified time allowed
the sum of $500 for each calender day exceeding the time
specified herein.
6.The Contractor shall 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
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of Dania, Florida, and strictly in 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.
7 .The Contractor shall, upon notification by the City, to
correct any defective or faulty work or materials which may
appear within one (1) year after completion of contract and
receipt of final payment.
I 8 . The Contractor shall 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.
9. The Contractor shall pay promptly and before final
settlement, any and all claims or liens incurred in and about
this work.
1O .The Contractor agrees that representatives of the U.S.
Public Health Service and the State of Florida shall 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.
11 .The Contractor agrees that the rate of wages for all
laborer, 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.
12. No additional work or extras shall be performed unless
the same shall be duly authorized by appropriate action in
writing on the part of the City or the City' s Engineer.
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13. The Contractor shall furnish a bond written by a
Corporate Surety company, holding a Certificate of Authority from
the Secretary of the Treasury of the United States as acceptable
sureties on federal bonds, in an amount equal to the total amount
payable by the terms of the contract, executed and issued by a
Resident Agent licensed by and having an office in the State of
Florida, representing such Corporate Surety, conditioned for the
due and faithful performance of the work, and providing in
addition to all other conditions, that if the Contractor, or his
or its subcontractor (s) , fail. to duly pay for any labor,
materials, or other supplies used or consumed by such Contractor,
or his or its subcontractor (s) in performance of the work
contracted to be done, the Surety will pay the same in the amount
not exceeding the sum provided in such bonds, together with
interest at the rate of 15% per annum, and that they shall
indemnify and save harmless the City of Dania to the extent of
any and all payments in connection with carrying out of the
contract, which the City may be required to make under the law.
The Contractor is required at all times to have a valid
surety bond in force covering the work being performed. A failure
to have such bond in force at any time shall constitute a default
on the part of the Contractor. A bond written by a surety which
becomes disqualified to do business in the State of Florida,
shall automatically constitute a failure on the part of the
Contractor to meet the above requirements.
Such bond shall continue in effect for one year after
completion and acceptance of the work with liability equal to
100% of contract price, or an additional bond shall be
conditioned that the Contractor will correct any defective or
faulty work or material which appears within one year after
completion of the Contract, upon notification by the City.
14 . In the event either party brings suit for enforcement of
this agreement, the prevailing party shall be entitled to
j attorney' s fees and court costs in addition to any other remedy
afforded by law.
15. The making and acceptance of the final settlement shall
constitute a waiver of all claims by the Contractor, except those
previously made and still unsettled.
16. The Contractor by virtue of signing the Contract,
acknowledges that it and all its 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,
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handling and storage of materials; access road to the site; the
j 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 Contractor to
completely or properly evaluate any factors of costs prior to
bidding shall not form a basis for additional compensation if it
is awarded the Contract.
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.
Attest: CITY OF DANIA, FLORIDA:
By
City Clerk Mayor-Commissioner
Appro 1as no;' By
City Manager
City Attorney
RYAN INCORPORATED EASTERN,
a Florida corporation
Attest:
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By
WILLIAM H. RYAN, Pres.
Corporate Seal
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LAW OFFICES
RYAN & RYAN9 P.A.
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
-•-,, DANIA. FLORIDA 33004.3090
ARCHIE J.RYAN,III TELEPHONE(954)920.2921
TIMOTHY M.RYAN FACSIMILE(954)921-1247
CHRISTOPHER J.RYAN
ALEXANDRA C.AUSTIN
MEMO P4N00H
TO MICHAEL SMITH, CITY MANAGER
FROM : TIMOTHY M. RYAN, CITY ATTORNEY/(fh
DATE : NOVEMBER 1.8, 1997
RE PIGERT'AIL DREDGE AND FILL PROJECT
The city commission passed a. resolution on October 14, 1997,
approving an agreement between the City end Ryan Incorporated
Eastern to perforin all necessary work relating the Tigertail Lake
j dredge and fill project. In clause 5 of the agreement, the
contractor must complete with work in Part A within one hundred
twenty days from the notice to proceed. Pact A includes
mobilization of equipment, excavation, c:-mpacting and grading for
the new roadway and tri-rail site. Clause 5 also pr')vides that: the
contractor is allotted three hundred days to complete Part B wark
which is the Excavation and removal of approximately 600, 000 cubic
yards of additional. fill. The additional fill. is expected to
off-sPt the cost for Part P. work with an anticipated payment to the
city upon completion of the project of approximately $.54, 000 .
The contract was drafted b=sed upor the initial documentation
furnished on the contract rcrcrs, conditions and :technical
specifications. However, an addencumi to the bid documents dated
September 4, 1997, expanded the al.luttad time to complete Part B
work from three hundred to four hundrea fifty days . The addendum
was prepared based upon the city engineer' s determination that
prospective contractors could not complete the work within the time
initially allotted. The engineer_ brought this mat ter before the
commission at '.:he July, 1997 neeting. The commission took no
formal a:t'on on the extension at .no July meeting.
I The initial contract draft was submitted to Ryan Incorporated
Eastern prior to the commnission meeting on October 14 .
Unfortunately, Ryan Incorporated E.-stern did not raise any
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Michael Smith November 18, 1997
City of Dania
objection to the contract draft prior to commission approval.
After the October meeting, the contractor executed the contract
with a handwritten amendment expanding Part B work to four hundred
fifty days.
This matter must now be returned to the city commission for
approval of the expanded time frame on Part B work. A copy of the
amended contract and the resolution approving the amended contract
are included with this memorandum. Please place this item on the
November 25, 1997 agenda.
cc: Don Windham
Calvin Giordano & Associates, Inc.
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