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HomeMy WebLinkAboutR-1999-060 F� r _7 I 6- ,c f _. F ' i RESOLUTION NO. 60-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING AGREEMENT BETWEEN OCEAN BAY CONSTRUCTION, INC. AND THE CITY OF DANIA BEACH FOR PROVIDING ALL MATERIAL, EQUIPMENT AND LABOR TO PERFORM ALL WORK NECESSARY TO COMPLETE THE "DRAINAGE PIPE REPLACEMENT" PROJECT; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING THAT THE EFFECTIVE DATE OF SUCH AGREEMENT IS RETROACTIVE FROM MARCH 23, 1999. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: SECTION 1: That certain Agreement between the City of Dania Beach and Ocean Bay Construction, Inc. for providing all material, equipment and labor to perform all work necessary to complete the "Drainage Pipe Replacement" project, in substantial form as Exhibit "A", attached, is approved and the appropriate City Officials are authorized to execute it. SECTION 2: That certain Agreement between the City of Dania Beach and Ocean Bay Construction, Inc. shall be in force and take effective retroactive from March 23, 1999. PASSED AND ADOPTED this 6th day of April, 199, . j l AYOR—COMMISSIONER ATT ST: ACTING CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: By: CI ATTORNEY RESOLUTION NO. 60-99 f e� -r DOCUMENT 00500 AGREEMENT �1 THIS A EEME T, made and entered into on the / day of 1999, by and between the City of Dania Beach. Florida, he inafter called the Owner, and Ocean Bay Construction Inc. hereinafter called the ontractor. 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 "Drainage Pipe Replacement" contract for the City of Dania Beach, 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 Fifty-seven thousand six hundred thirty Dollars and no cents ($57.630.00) 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. 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 particular part has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. Feb/99 00500-1 98-1030 f r -r 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. 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 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 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. 10. No additional work or extras shall be performed unless the same shall be duly authorized by appropriate action of the Owner. 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. Feb/99 00500-2 98-1030 l f L eF h r 7 r 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. t i _d Feb/99 00500-3 98-1030 L .. f r, T IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 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. 006:41VIMe�nv6s7i t��riaN,Luc,WITNESS: COACTOR� _ B �2C5 i �JF/YT _ TITLE DATE: /0/'1121 z /99 9 OWNER CITY OF DANIA ACH, a Florida ATTEST: Municipal orp ation i1711A .�� --- J A/lerre dabalee SNP c5 c �rHP�lR , Ma or /k»�cCity Clerk (Seal) Mich sm h APPROVED AS TO FORM AND Cityvlanager CORRECTNESS: 1 DATE: cD Thom A sbr City Attorney,, City of Dania Beach Commission Approved: W Date Contract Amount: $ 7� 60 END OF DOCUMENT I Feb/99 00500-4 98-1030 f r-- r, T 7 _e Calvin, Giordano&Associates, Inc. Engineers Surveyors Planners March 11, 1999 Mr. Robert Palm Utilities Director CITY OF DANIA BEACH 100 West Dania Beach Boulevard Dania, FL 33004 Re: Drainage Pipe Replacement CGA Project No. 98-1030 Dear Mr. Palm: On Monday, March 3, 1999, the City received four bids for the above referenced project. T office has reviewed the bid amounts,bid bonds,and information required from the bidders. low bidder is Ocean Bay Construction, Inc. from Pompano Beach, Florida. The proposal cost is $57,360.00. Upon consideration of these bids, this office recommends award of project to Ocean Bay Construction,Inc.in the amount of$57,630.00. Enclosed are five copies of the Certified Bid Tabulation. The three lowest bids are preser below. Ocean Bay Construction,Inc. Pompano Beach, FL $57,630.0( Structure Tech Engineering Pompano Beach, FL $67,866.0( All Florida Engineering Contractors,Inc. Fort Lauderdale, FL $71,000.11 Please also find attached the original bid submittals. Should you have any questions,please do not hesitate to contact this office. Sincerely, CAL�VINN,,GIIOORDANO&ASSOCIATES, INC. Richard W. Saltrick,RE, Project Manager Rwly to, ❑ 2 Oakwood Boulevard cc: Mike Smith,City Manager su to 120 ltollyw M.R.M.33020 (954)921.7781 (954)92148071u ❑ 400 South Australian Avenue Suite 655 Wat U.B.A.not5da 33401 (561)835-0052 (561)835-0076 taz RWS\tw P:IProjectsl981030 Dania Drainage Pipe Replacelrngineaing\Corrapondenall eticm and Reportsllrm031 I.doc L r t • , SUMMARY OF 010 PROPOSALS RECEIVED FOR:Drainage Pipe Replacement BID OPENING:ololI 4 00 PtA Prepared by Calvin,Giordano d Associates,Inc, LOCATION: City of Carla Beach I hereby certify that the t09aw ng rs a true CGA Prafecl No 98-1030 summaryal pr sets received \/ Signature ^^' 3/ �19 Ocean Bay CanslrVclmn /n/% Date 51ruc.tech Engineering All Flonda n n Pompano Beach,FL E g' eerm9 United Ut:derground Conlraclor Pompano Beach.FL Miami,FL TOTAL TOTAL H5M^coa,FL UNIT ITEM UNIT TOTAL TOTAL OUANT. UNIT PRICE ITEM UNIT ITEM TOTAL AMOUNT PRICE AMOUNT UNIT lOU UNIT ., PRICE AMOUNT ITEM t' PRICE AMOUNT PRICE AMOUNT T Mabiliteticn 2 flemave 92'corrv-eted motel 1 LS fI0,050.00 fID,D50.00 ' r - tip° 730 LF 33,600.00 E3.600.00 $11,50000 ff 7,5tUW 3 Imralf4T...off eted PolYethNene Pipe 32'W f1,460.00 $620 58,000.0o $0.00000 d F61 Concrete collar ]JO Lf SSB.00 E4,SM.Op 3822 56,000.60 f70.W f42.740.00 f74.00 f54.020.00 S7,700.00 5 Pearore ealrting aephelt 1 Eq SS00.00 St00.00 56000 f47,099.E0 f71.10 $51.903.00 8 f1,200.00 f1,200.00 5550.00 $55000 6 flenare gran at. SY f2W.00 E1200.00 1f 20.Op SI,800.00 f1.800.00 d00 SY 52.50 3720.00 SD 33 3199.98 ] Performance d PeYmenr Bond Premiums Sf,000.00 f5.o0 SI00.00 E6000p f LS f1,ro f2.000.00 $7.80 $3.120.00 f1,9B0.00 ff,B00.00 f1,800.00 E2.400.00 TOTAL BgSE BID ITEMS Otams 1-71 $2.570.00 f2.53000 ff.818,818.00 f1,8f 8 00 $57,630.00 $67,866 D0 371,000.18 573.621.00 AMOUNT OF PROPOSAL GUARANTEE SURETY 5% 5% 5%CaaNers Check Western Surety Can 5% f300000 Par'Y Preferred National ins.Co 5% COMMENTS Houston,T% CumDMaT Casualty FL d Surety Card nces dine no, FL Tempe,FL Slight differences due ro rounding figures Page I L f M