356RESOLUTION NO.356
A RESOLUTION ACCEPTING THE BID OF
FELLOWS CONSTRUCTION COMPANY OF
DAYTONA BEACH, FLORIDA FOR ASPHALT
PAVING WEST AND NORTH SIDE OF
SHUFFLEBOARD COURT AREA LYING EAST
OF THE CITY HALL, AUTHORIZING THE
MAYOR OR VICE -MAYOR AND THE CITY
CLERK TO ENTER INTO AN AGREEMENT
OR CONTRACT WITH SAID FELLOWS
CONSTRUCTION COMPANY, REJECTING
ALL OTHER BIAS, AND SETTING FORTH
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater,�l
Florida has caused to be advertised invitations to bid for 1
asphalt paving of the Park and Pier area lying West and North
of the Shuffleboard Court and Easterly of City Hall, and
WHEREAS, Fellows Construction Company of Daytona Beach,
Florida has submitted a bid for said paving, and
WHEREAS, the City Council is desirous of accepting said
bid.
NOW THEREFORE, BE IT RESOLVED BY 7HE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA:
SECTION 1. That the bid of Fellows Construction Company
for the asphalt paving of the Park and Pier area West and
North of the Shuffleboard Court and Easterly of City Hall,
as per specifications and proposal, be and the same is hereby
accepted.
SECTION 2. That the said City shall pay for said paving
the unit price of Two and 30/100 ($2.30) Dollars per sq. yd.,
the total amount of which said payment shall be finally
determined by actual field measurement.
SECTION 3. That any and all other bids be and the same
are hereby rejected.
SECTION 4. That the Mayor or Vice -Mayor, in the absence
of the Mayor, and the City Clerk be and they are hereby authoriz-
ed to enter into an Agreement with Fellows Construction Company
for said paving, copy of which said Agreement is attached hereto
and made a part hereof by incorporation by reference.
SECTION 5. That all Resolutions or parts of
Resolutions in conflict herewith be and the same are
hereby rescinded.
SECTION 6. That this Resolution shall take effect
immediately upon its adoption by the City Council and
approval by the Mayor or Vice -Mayor, in the absence of
the Mayor.
The above and foregoing Resolution was presented by
Councilman Ledbetter who moved its adoption, said
motion being seconded by Councilman Diets , and, upon
roll call vote, the said Resolution was duly declared
adopted at a special meeting of the City Council of the
City of Edgewater, Florida held on the 8th day of October
A.D., 1970, the vote of said Council upon roll call being
as follows:
A TEST:
YA
ity Clerk
Approved this 8th day of
October A.D., 1970.
v ,
Vice ryor
i
Vice MAybr
1
an
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AGREEMENT
This Agreement is made and entered into by and between
the CITY OF EDGE}'ATFR, a municipal corporation in Volusin
County, Florida., hereinafter referred to as City, and
FELLOWS CONSTRUCTION COMDANY, a Florida corporation of
Daytona Beach, Florida, hereinafter referred to as Company.
WITNESSETH:
For and in consideration of the monies herein specified
and other good and valuable considerations, the Company and
the City agree as follows;
1. The Company will, in accordance with its proposal
of ieptember 30, 1970, furnish labor, ea.uinment and material
for grading and mixing 2" of limerock with the existing shell
to construct a C" stabilized limerock-shell base, prime and
seal and surface with 1" Type ? asphalt on approximately
1,400 sq. yds. for a unit price of Two and 30/100($1,30)
Dollars per sq. yd. or approximately Three Thousand Two
Hundred Twenty ($3,^20.00) Dollars, and the Company agrees
to construct said asphalt paving upon the area West and
North of the existing Shuffleboard Court lying on the East
side of Riverside Drive and across from City Hall.
It is understood that the above price and proposal
does not include the furnishing or removal of any shell to
or from the job site, any asphalt seal coat, striping, car
stone or any work outside of the designated area to be paved.
It is understood that the Company will not be responsible
for any unmarked underground installations. It is understood
and agreed that the a,iove referred to price is a unit price
and the final amount payable under this contract shall be
determined by actual field measurement.
3. The Company proposes to begin construction October
8, 1970 but, in any case, the Company agrees that the con-
struction and work herein contemplated shall be completed
on or before November 8, 1970 and, failing to complete said
work by said time specified, in the absence of acts of God
which would prohibit completion of said work, the City shall
have the right to withhold any payments due Fellows Construction
Company and to have the work done �)y a person, firm or corpora-
tion of its choosing, and any cost incurred in completing said
work shall be credited against any amounts due the Company.
4. The Company agrees that it will pave the area
described above in a good and sufficient workman like manner
and the City shall not be liable for payment unless and until
the job as contemplated herein is completed and has been approved
by the coordinator of the Park and Pier and Recreation Denartment
of the City. promptly upon said approval, the City shall pay to
the Company such amounts as are finally determined to .,e due the
Company.
5. Prior to commencement of the work herein contemplated,
the Company agrees to furnish a performance bond in 57. of the
estimated total price of $3,2`?0.00 and the 'omnany likewise
agrees to furnish to the City proof of workmen ' compensation
insurance.
6. The Company agrees that it shall be responsible for
any injuries to third persons during the course of construction,
if said injuries are attributable or caused by any acts or
omissions of the Company, its agents, representatives,
employees or equipment.
7. This Agreement shall be binding upon the successors
and assign of the parties hereto.
IN c: ITNE&S vWREOI', the City has hereunto set its hand
and seal by and through its authorized representatives this
day of October, 1970.
CITY OF EDGEWATER
ATTEST:
City Clerk Vice-blayor, in the absence of t e ayor
(Corporate Seal)
r
IN `5'ITNESS rnRFREOF, the Comnany has hereunto set its
hand and seal by and through its authorized renresentative
this day of October, 1970.
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FELLO" CONSTRUCTION COMPANY
By:
Authorized renresentat ve