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HomeMy WebLinkAboutR-1997-149 RESOLUTION N0. 149-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA AND RYAN INCORPORATED EASTERN TO COMPLETE ALL NECESSARY WORK RELATING TO THE "TIGERTAIL LAKE DREDGE & FILL" PROJECT; 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 Ryan Incorporated Eastern for the completion of all work relating to the 'Tigertail Lake Dredge & Fill" 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 That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.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 14 DAY OF OCTOBER 1997. /MA! ,mac � - i�� YOR-COM SIGNER ATTE CITY CLERK,-AUDITOR APPRO S T F RM AND CORRECTNESS: CITY ATTqRNEY Resolution No. 149-97 "> DOCUMENT 00500 AGRREENENT This Agreement, entered into on the day of October, 1997, between: CITY OF DANIA, a municipal corporation of Florida, called the "City" 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 : 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 .� 4- EXHIBIT "A" 1 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 $ 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 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 $ 5. 57 TOTAL: $211, 660. 00 ITEM NO. 5 For providing Materials Testing by a Certified Laboratory. LUMP SUM: $ 5, 000.00 ITEM NO. 6 For payment of Performance Bond and Payment Bond premiums and consideration for indemnification of City and Engineer as stated under the General Conditions and Supplementary Conditions and for all work inclusive. LUMP SUM: $ 11, 500.00 -2- I iPART 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) <$972, 000. 00> GRAND TOTAL: (REMAINDER OF CREDIT OWED TO CITY) <$ 54, 440. 00> 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, 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 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 300 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 420 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 4 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 . 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. 10.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. ll .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. -5- 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 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, -6- �r 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 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 Approved as to form: By City Manager } City Attorney RYAN INCORPORATED EASTERN, a Florida corporation Attest: By WILLIAM H. RYAN, Pres. Corporate Seal ., i i f I ( it I F �( i; fr lP