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HomeMy Public PortalAbout2005-07 Authorizing Construction of Harbor Drive Drainage ImprovementsRESOLUTION NO. 2005-7 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING CONSTRUCTION OF HARBOR DRIVE DRAINAGE IMPROVEMENTS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Village has, through formal bidding procedures, obtained a bid from Stone Circle Underground, Inc., for the construction of Harbor Drive Drainage Improvements (the "Project"); and WHEREAS, the Village's Project engineer has recommended that the bid be awarded as provided herein; and WHEREAS, the Village Council hereby finds that approval of the above -described purchase transaction is in the best interest of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals Adopted. That each of the above -stated recitals is hereby adopted and confirmed. Section 2. Purchase Approved. That the Village Manager is hereby authorized to accept the bid of Stone Circle Underground, Inc. (the "Contractor"), and to provide for the construction of the Harbor Drive Drainage Improvements for a cost not to exceed One Hundred Seventy Five Thousand Four Hundred Eighty ($175,480.00) Dollars, subject to approval of the Village Attorney as to the form and legal sufficiency of the purchase transaction. Section 3. Implementation. That the Village Manager is hereby authorized to take any action which is necessary to implement this Resolution, and the purchase transaction. Section 4. Funding. That the funding for the purchase shall be that which is specified in the Village Manager's Memorandum which accompanies this Resolution. PASSED AND ADOPTED this 22nd day of February, 2005. // (% LCPeAGt L_; — MAYOR ROBERT OLDAKOWSKI HITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: F:/ 103.001 /Resolution/Construction of Harbor Drive Drainage Improvements 2.15.05 2 OV KEY bb - VILLAGE OF KEY BISCAYNE Office of the Village Manager Village Council Robert Oldakowski, Mayor Robert L. Vernon, Vice Mayor Enrique Garcia Steve Liedman Jorge E. Mendia Thomas Thornton Patricia Weinman Village Manager Jacqueline R. Menendez DATE: February 15, 2005 TO: on • able , 7i r � jpers of the Village Council FROM: • "que +f"e ' . Menen Village Manager RE: Harbor Drive Drainage Improvement Project RECOMMENDATION It is recommended that the Village Council award the Bid submitted by Stone Circle Underground, Inc. for the Harbor Drive Drainage Improvement Project in the Village of Key Biscayne, as per Tetra Tech's analysis attached hereto. BACKGROUND On January 19, 2005, a mandatory pre -bid conference was held, including a site visit. Sealed bids where delivered to the Village Clerk on February 2"d. The awarded party will be responsible for all labor, material, equipment, and incidentals necessary for the construction of the contract items indicated by the Proposal. The funding for this project was set aside during the budgeting process in September 2004, under Capital Improvements. The Harbor Drive Drainage Improvement Project consists of: • Mobilization • Maintenance of Traffic • Erosion Control • Clearing and Grubbing • Clean Storm Drain • Regular Excavation • Asphaltic Concrete • Inlets • Storm Sewer Pipes • Deep Drainage Well System with Internal Weel, Control Structure, Weir & Baffle • Sodding The duration of this project shall be for ninety days (90) days, commencing upon approval. cc: Randy White, Village Finance Director David M. Wolpin, Esq., Village Attorney 88 West McIntyre Street, Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936 MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT" www. keybiscaynefl.gov CONTRACT FOR CONSTRUCTION THIS IS A CONTRACT, by and between THE VILLAGE OF KEY BISCAYNE, FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "Village"), and STONE -CIRCLE UNDERGROUND, INC., a Florida corporation, (hereinafter referred to as "Contractor".) W I T N E S S E T H, that Contractor and Village, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals necessary to perform all of the Work described in the Contract Documents including Plans, Specifications and Addenda thereto for the following Proj ect: Harbor Drive Drainage Improvements and associated work, as described in the Plans prepared by Tetra Tech, Inc., (the "Village's Project Consultant"). ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed issued by the Village Manager. The Notice to Proceed will not be issued until Contractor's submission to Village of all required documents and after execution of this Contract. 2.2 Time is of the essence throughout this Contract. The Work shall be substantially completed within ninety (90) calendar days from the date specified in the Notice to Proceed, and completed and ready for final payment in accordance with Article 3 within thirty (30) calendar days from the date certified by Village's Project Consultant as the date of Substantial Completion. 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, Contractor shall pay to Village the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 above for Substantial Completion. After Substantial Completion, should Contractor fail to complete the remaining Work within the time specified in Section 2.2 above for completion and readiness for final payment, Contractor shall pay to Village the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 2.2 for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to Village for its inability to obtain full beneficial occupancy and use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by Village as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above -stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. ARTICLE 3 CONTRACT PRICE 3.1 Village shall pay to Contractor for the performance of the Contract, the total lump sum of One Hundred Seventy Five Thousand Four Hundred Eighty and No/100 ($175,480.00) Dollars. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Plans and Specifications. 3.2 The sum set forth in Paragraph 3.1 shall constitute the Contract Price which shall not be modified except by any Change Order issued by Village. ARTICLE 4 CONTRACT DOCUMENTS 4.1 The Contract Documents which comprise the entire agreement between the Village and the Contractor concerning the Work consist of this Contract for Construction, the Drawings, Plans and Specifications, the Invitation for Bids, the Addenda, the Bid, Instructions to Bidders, the General and Supplementary Conditions, the Performance Bond and Payment Bond, Insurance Certificates, the Notice of Award, the Notice to Proceed, any Change Orders and any other Contract Documents, not specifically listed herein which shall be considered incorporated into and made a part of this Contract by this reference and shall govern this Project. 4.2 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or 2 understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3 The Contract Documents shall remain the property of the Village. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; provided; however, that in no event shall the Contractor use, or permit to be used, any or all of such Contract Documents on other Projects without the Village's prior written authorization. ARTICLE 5 WAIVER OF JURY TRIAL Village and Contractor knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury in State and or Federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract for Construction, arising out of, under, or in connection with the Construction of the Work, or any course of conduct, course of dealing, statements or actions or inactions of any party. ARTICLE 6 ASSIGNMENT Neither party shall assign the Contract or any sub -contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Village Manager. ARTICLE 7 MISCELLANEOUS 7. Insurance Requirements: 7.1 Contractor shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by Village (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth as follows: Contractor's Liability Insurance: 1. Contractor shall provide and maintain in force until all the Work to be performed under this Contract has been completed and accepted by Village (or for such duration as is otherwise specified hereinafter), the insurance coverage set forth: 1.1 Worker's Compensation insurance at the statutory amount to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory coverage amount. The Contractor shall further insure that all of its Subcontractors maintain appropriate levels of worker's compensation insurance. 1.2 Comprehensive General Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. 1.2.1 Premises and Operation 1.2.2 Independent Contractors 1.2.3 Broad Form Property Damaged. 1.2.4 Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 1.2.5 Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.3 Business Automobile Liability with minimum limits of One Million Dollars (1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 1.3.1 Owned Vehicles. 1.3.2 Hired and Non -Owned Vehicles. 1.3.3 Employers' Non -Ownership. 2. Before starting the Work, the Contractor will file with the Village certificates of such insurance, acceptable to the Village; these certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the Village by certified mail. The Village shall be named as an additional insured on the above -referenced policies to the fullest extent permitted by law. 3. The Contractor agrees that if any part of the Work under the Contract is sublet, they will require the Subcontractor(s) to carry insurance as required, and that they will require the Subcontractor(s) to furnish to them insurance certificates similar to those required by the Village above. Cancellation and Re -Insurance: 4 If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. 5 All deductibles must be declared by the Contractor and must be approved by the Village Manager. At the option of the Village, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the Village, covering the same. 7.2 Village's Right To Terminate Contract 7.2.1 If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Village may, upon seven (7) days written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site and take the prosecution of the Work out of the hands of Contractor, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by Village, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by Village shall exceed the unpaid balance, then Contractor shall be liable and shall pay to Village the amount of said excess. 7.3 Contractor to Check Plans, Specifications and Data: Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from Village's Project Consultant, and shall notify Village's Project Consultant in writing of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery and Village's Project Consultant will promptly review the same. Any Work done after such discovery, but prior to written authorization of the Village's Project Consultant, will be done at the Contractor's sole risk. 7.4 Contractor's Responsibility for Damages and Accidents: 7.4.1 Contractor shall accept full responsibility for the Work against all loss or damage of any nature sustained until final acceptance by Village, and shall promptly repair any damage done from any cause. 7.4.2 Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by Village, Contractor shall replace same without cost to Village. 7.5 Defective Work/Guarantee: 7.5.1 Village shall have the authority to reject or disapprove Work which the Village finds to be defective. If required by the Village, Contractor shall promptly either correct all defective Work or remove such defective Work and replace it with nondefective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 7.5.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by Village's Project Consultant, Village shall have the authority to cause the defective Work to be removed or corrected, or make such repairs as may be necessary at Contractor's expense. Any expense incurred by Village in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to Contractor. In the event of failure of Contractor to make all necessary repairs promptly and fully, Village may declare Contractor in default. 6 7.5.3 The Contractor shall unconditionally guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of substantial completion. If, within one (1) year after the date of substantial completion, any of the Work is found to be defective or not in accordance with the Contract Documents, Contractor, after receipt of written notice from Village, shall promptly correct such defective or nonconforming Work within the time specified by Village without cost to Village. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. 7.5.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 7.6 Legal Restrictions and Traffic Provisions: Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its operations so as not to interfere with or close any thoroughfare, without the written consent of the proper authorities. 7.7 No Damages for Delay: No claim for damages or any claim, other than for an extension of time shall be made or asserted against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Village for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the above, the Contractor shall be granted an extension of time and suspension of liquidated damages for any delay beyond the control of the Contractor. Should any delay, disruption, interference or hindrance be caused by the Village, for a continuous period or cumulative period of thirty (30) days, the Contractor may terminate the Contract upon seven days written notice to the Village. 7.8 Public Entity Crimes Affidavit Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes Statute) notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 7.9 Indemnification Contractor shall indemnify and hold harmless Village, Village's officers and employees and Village's Project Consultant and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of Contractor and persons employed or utilized by Contractor in the performance of the Agreement. 7.10 Capitalized Terms Capitalized terms shall have their plain meaning as indicated herein. 7.11 Independent Contractor: The Contractor is an independent contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the Village. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. 8 * r • IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA 'ing by V�� age Manager authorized to execute same by Council action on tho day of 2005, and Stone -Circle Underground, Inc., signing by and through its below described officer, duly authorized to execute same. mt, e Clerk Thi'day of CONTRACTOR MUST EXECUTE CORPORATION FORMAT, AS APPLIC ATTEST: (Corporate Seal) CONTRACTOR This (-7 day of Su N E , 2005. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B F:/1 03.001/Contracts/Contract for Construction VILLAGE OF KEY BISCAYNE, FLORIDA AS INDICATED BELOW. USE STONE -CIRCLE UNDERGROUND, INC. 3830 Southwest 30th Avenue Fort Lauderdale, Florida 33312 By: (Signatu ' and Title) 0.11F -NT Ecky J4M 4 Hy,'S (Type Name/Title signed above) rDb)...-)