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Home My Public Portal About2015-05 Selecting ABC Construction for the construction of the Community Center ExpansionORDINANCE NO. 2015-5 A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY ISCAYNE, FLORIDA, SELECTING ABC CONSTRUCTION INC. FOR THE CONSTRUCTION OF THE COMMUNITY CENTER EXPANSION; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne (the "Village") has finalized the plans for the Village Community Center Expansion Project (the "Project"); and WHEREAS, the Project will expand the Village Community Center by the construction of a second floor addition consisting of approximately 4,846 square feet; and WHEREAS, the Village has appropriated funds for the Project and estimates the cost to be $1,795,000; and WHEREAS, the Village Council desires to select a contractor for the Project and solicited bids in accordance with Chapter 2 of the Village Code of Ordinances; and WHEREAS, after review and consideration, the Village Council desires to select ABC Construction Inc. (the "ABC") to construct the Project and authorize the Village Manager to execute an agreement with ABC consistent with the proposal attached as Exhibit "A;" and WHEREAS, the Village Council hereby finds and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': 1 Coding: underlined words are additions to existing text, struck through words are deletions from existing text, shaded text reflects changes made from First Reading. Section 1. ecitais. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Selection of A C. The Village Council hereby selects ABC for the Project at a cost not to exceed $1,795,000. Section 3. Authorization. The Village Council hereby authorizes the Village Manager to enter into an agreement with ABC consistent with the proposal, attached as Exhibit "A," subject to the approval by the Village Attorney as to form, content and legal sufficiency. Section 4. Effective late. This Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading this 23rd day of June , 2015. PASSED AND ADOPTED on second reading this 7th day of July , 2015. MAYOR MAYRA PEI A LNDS Y ATI ST: CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY 2 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE SPECIAL COUNCIL MEETING FOR 7/7/2015 in the XXXX Court, was published in said newspaper in the issues of 06/30/2015 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspap Sworn to and subscribed before me this 30 day of JUNE- l f►i, A.D. 2015 (SEAL) MARIA M a'SA verso V known to me MERCEDES ZALDIVAR osc?e (407)398-0153 MY COMMISSION FFF029736 EXPIRES June 20. 2017 FlondallotaryService.com VILLAGE OF KEY BISCAYNE OFFICE OF THE @®TILLAGE CLERK I ELIJC NCTtCE Notice is hereby given that the following ordinance will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a Special Council Meeting to be held on Tuesday, July 7, 2015 at 7:00 p m., on the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING ABC CONSTRUCTION INC. FOR THE CONSTRUCTION OF THE COMMUNITY CENTER EXPANSION; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinance may be inspected by the public at the Office of the Village Clerk Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the Americans With Disabilities Act of 1990. all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk. 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S 286.0105). Comments of any interested party relative to this matter may be submitted in writing and or presented on person at the public hearing. Conchita H Alvarez, MMC Village Clerk 6/30 15-185/2457908M EXIIIBIT L"A" VILLAGE RFP NO. RC 2015-1 Incorporated herein by reference. 4 CONTRACT FOR CONSTRUCTION THIS CONTRACT, made and entered into as of the IA day of J's" , 2015, by and between the Village of Key Biscayne, a Florida municipal corporation (thee "Village"), and ABC Construction, Inc., a Florida corporation whose principal address is 7215 I\T.W. 7`h Street, Miami, FL 33126 ("Contractor"). RECITALS: WHEREAS, on March 12, 2015, the Village issued RFP #RC 2015-1 (the "RFP"), attached hereto as Exhibit "A", soliciting proposals for the provision of construction services, as described therein (the "Services") for the Village of Key Biscayne's Recreation Center Expansion (the "Project"); and WHEREAS, in response to the RFP, Contractor submitted a proposal for the provision of the Services (the "Proposal"), attached hereto as Exhibit "B"; and WHEREAS, the Village Manager has recommended that the Village accept Contractor's Proposal for the completion of the Services and the Village Council has, by Ordinance # g - 5 approved the Village Manager's recommendation and awarded the Contract to Contractor. NOW THEREFORE, in consideration of the mutual covenants set forth in this Contract, the parties agree as follows: I. SCOPE OF SERVICES. Contractor agrees to provide the Services in accordance with the Scope of Work established in the RFP and the Proposal, the terms of which are incorporated herein by reference. II. CONTRACT DOCUMENTS The Contract Documents associated with this Contract shall include Change Orders; Amendments to the Contract; Special Conditions, as included in the RFP; Contract General Conditions, as included in the RFP; the remainder of the terms and conditions of the RFP; the Contractor's Proposal; Plans and Specifications. In the event of any discrepancy or conflict between or among provisions in the Contract Documents, the order of the documents presented above shall establish precedence. III. TERM OF CONTRACT. The term of the Contract shall commence upon the effective date stated in a Notice to Proceed ("Effective Date") issued by the Village subsequent to the full execution of the Contract, subject to the satisfaction of any conditions identified in the RFP, and shall conclude on the satisfactory completion of the entire scope of work required by the Contract Documents. The period of performance shall be three hundred sixty-five days from the Effective Date. 1 IV. FEE FOR SERVICE. For the complete and satisfactory performance of the entire scope of work required by the Contract Documents, the Village shall pay to the Contractor the firm fixed price of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) V. INDEPENDENT CONTRACTOR; EMPLOYEES. Contractor and its employees and agents shall be deemed independent contractors and not agents or employees of the Village, and shall not attain any rights or benefits generally afforded Village employees; further, Contractor, its employees and agents shall not be deemed entitled to the Village's worker's compensation insurance bene Fits. VI. NOTICES. All notices and communications to the City or Contractor shall be in writing and shall he deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: City: With copy to: Contractor: John Gilbert Village Manager Village of Key Biscayne 88 West McIntyre Street Key Biscayne. Florida 33149 Telephone: (305) 365-5514 Facsimile: (305) 365-8936 Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, Florida 33134 Telephone: (305) 854-0800 Fax: (305) 854-2323 ABC Construction, Inc. 7215 N.W. 7th Street Miami, Florida 33126 Attn.: Jorge Gonzalez Telephone: (305) 663-0322 Facsimile: (305) 267-2403 VI. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Miami -Dade County, Florida. The parties hereby waive any right to trial by jury for any litigation hereunder. By: Jorge Gonzalez President VI. LIQUIDATED DAMAGES Pursuant to Article 3.12 of the Supplemental Conditions included in the RFP, the amount of liquidated damages for inexcusable delay to Substantial Completion of the Project shall be $3,000.00 per calendar day for the first 30 days and $5,000.00 per calendar day thereafter. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. For the VILLAGE: F r the CONTI A CTOR: 3 Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 age Clerk Approved as to Form and Legal Sufficiency for Village's reliance only: Village Attorney