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
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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
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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.
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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.
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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)
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(Type Name/Title signed above) rDb)...-)