HomeMy Public PortalAbout2001-47 Authorizing to Award a Sidewalk Construction Contract to MEF Construction, IncRESOLUTION NO. 2001-47
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
AWARD A SIDEWALK CONSTRUCTION CONTRACT FOR
WOODCREST ROAD AND PORTIONS OF MCINTYRE
STREET TO MEF CONSTRUCTION, INC.; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, public bids were received and opened on June 1, 2001, for the construction of
new sidewalks, curbing and pedestrian crossings on Woodcrest Road and McIntyre Street.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The Council of the Village of Key Biscayne authorizes the Village Manager to
execute the agreement for the construction of new sidewalks, curbing and pedestrian crossings along
the west side of Woodcrest Road and north side of McIntyre Street in accordance with the plans and
specifications dated April 2001 as prepared by Williams Hatfield and Stoner, Inc. (Project No.
5543.00) made part of the agreement.
Section 2. The sidewalk construction project shall be awarded to MEF Construction, Inc.
at an estimated amount of $300,000.
Section 3. Funds to finance this sidewalk construction project in the amount of $330,000
including contingency are provided for in the Capital Improvement Fund.
Section 4. That the Agreement is hereby approved and the Village Manager and the Village
Attorney are authorized to execute the Agreement on behalf of the Village and are authorized to take
any and all action necessary to implement this Agreement.
Section 5. This resolution shall take effect immediately upon adoption.
1
PASSED AND ADOPTED this 10th day of July , 2001.
,a/(6„1°
HITA H. ALVAREZ, CMC, VILLAGE C
APPROVED AS TO FORM AND LEGAL SUFFIC
RICHARD JAY WEISS, VILLAGE ATTORNEY
2
MAYOR JOE I. RASCO
AGREEMENT
This Agreement is dated as of the 12th
day of July in the year 200 1 , by
and between the Village of Key Biscayne , hereinafter called OWNER, and
MEF Construction, Inc. , hereinafter called CONTRACTOR.
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 - WORK
The Contractor shall complete all Work as specified or indicated in the Contract Documents for the
project entitled:
Sidewalk Improvements Project
(Woodcrest Road and McIntyre Street)
Engineer's Project No. 5543.00
ARTICLE 2 - ENGINEER
The Project has been designed by Williams, Hatfield & Stoner, Inc., Consulting Engineers who is
hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the
rights and authority assigned to the ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT TIME
3.1 Time being of the essence in performance of this agreement, the work shall be completed
within 90 calendar days after the date of the Notice -to -Proceed. The first 30 days shall be for
preparatory work and the remaining 60 days for actual construction. (See Supplementary
Conditions)
3.2. Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times
specified in Article 3.1 above. OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three Hundred
Dollars ($300) for each day that expires after the time specified for Substantial Completion
until the Work is substantially complete.
Agreement/165P/071201 A-1
ARTICLE 4 - CONTRACT SUM
4.1 The OWNER shall pay to CONTRACTOR the amounts determined for the total number of
each of the units of work completed at the unit price stated in the Schedule of Prices Bid.
The number of units contained in this Schedule is an estimate only, and final payment shall
be made for the actual number of units incorporated in or made necessary by the work
covered by the Contract.
4.2 Payment shall be made at the Contract unit prices applicable to each integral part of the
Contract. These prices 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 Project Manual. The cost of any item of work not covered by
a definite Contract unit price shall be included in the Contract unit price or lump sum price to
which the item is most applicable.
ARTICLE 5 - PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted to the Owner by the Contractor and
Certificates for Payment issued by the Engineer, the OWNER shall make progress payments
on account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents. The period covered by each Application for Payment shall be one
calendar month ending on the last day of the month.
5.2 Each application for Payment shall be based upon the Contract unit prices submitted by the
Contractor in accordance with the Contract Documents.
5.3 Applications for payment shall indicate the actual units of work completed for each item in
the period covered by the Application for Payment.
5.4 The amount of each progress payment shall be as follows: Ninety percent (90%) of the
portion of the Contract Sum for all work completed and acceptable to the Engineer for the
period covered by the Application for Payment, less the aggregate of previous payments
made by the Owner.
5.5 The Owner shall make payment to the Contractor -on or before the 20th of the month for
invoices submitted on or before the first of the month.
5.6 Upon Substantial Completion of the entire Work, the Owner shall make payment of a sum
sufficient to increase the total payments to Ninety -Five percent (95%) of the Contract Sum,
less such amounts as the Engineer shall determine for all incomplete Work and unsettled
claims as provided in the Contract Documents.
Agreement/165P/071201 A-2
ARTICLE 6 - FINAL PAYMENT
6.1 Final payment shall be made by the Owner to the Contractor when
(1) the Contract has been fully performed by the Contractor and accepted by the Owner
except for the Contractor's responsibility to correct defective or nonconforming
Work, and to satisfy other requirements, if any, which necessarily survive final
payment;
(2) a final Application for Payment has been issued by the Contractor-, and
(3)
a final Certificate for Payment has then been issued by the Engineer; such final
payment shall be made by the Owner not more than 30 days after the issuance of the
Engineer's final Certificate for Payment.
6.2 The final Application for Payment shall not be submitted until the Contractor delivers to the
Program Manager:
(1)
a complete released of all liens and/or a waiver of all lien rights arising out of this
Agreement;
(2) an affidavit that the release and/or waivers of lien includes and covers all materials
and services for which a lien could be filed, but Contractor may, if any Subcontractor
or supplier refuses to furnish a release in full, furnish a bond satisfactory to Owner
and to indemnify Owner against any lien;
(3)
all warranties, guarantees, maintenance manuals and record drawings required by the
Contract Documents, and
(4) such other documents and information as the Owner may reasonably request.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or performance
of the Work.
7.2 CONTRACTOR has studied carefully all reports (if any) of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost, progress or
performance of the Work which were relied upon by ENGINEER in the preparation of the
Drawings and Specifications and which have been identified in the Supplementary
Conditions.
Agreement/165P/071201 A-3
7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and
studies of such reports (if any) and related data in addition to those referred to in Article 7.2
as he deems necessary for the performance of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
Documents; and no additional examinations, investigations, tests, reports or similar data are
or will be required by CONTRACTOR for such purposes.
7.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to the CONTRACTOR.
Article 8 - CONTRACT DOCUMENTS
The Contract Documents which comprise the agreement between OWNER and CONTRACTOR are
attached to this Agreement, made a part hereof and consist of the following:
8.1 Notice to Contractors
8.2 Instructions to Bidders
8.3 This Agreement (pages A-1 to A-6, inclusive).
8.4 Exhibits to this Agreement:
• General Conditions (00700-3 to 00700-42)
• Supplementary Conditions (SC -1 to SC -12)
• Exhibit A (2 pages)
• Pages P-1 through P-3.4
8.5 Performance and Payment Bond (pages PB-1 to PB-3, inclusive).
8.6 Release of Lien (page RL-1).
8.7 Notice of Award (pages NOA-1 to NOA-2, inclusive).
8.8 Notice to Proceed (page NTP-1).
8.9 Application for Payment (page AP -1).
8.10 Final Receipt (page FR -1).
8.11 Detailed Specifications (pages GCP-1, DS -100-1 to DS -710-1).
8.12 Drawings titled "Sidewalk Improvement Project", Woodcrest Road, McIntyre Street".
8.13 Addenda numbers.
8.14 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.15 Any Modification, including Change Orders, duly delivered after execution of Agreement.
There are no Contract Documents other than those listed above in this Article 8.
Agreement/165P/071201 A..4
ARTICLE 9 - MISCELLANEOUS
9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
9.2 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal
representatives to the other party hereto, his partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
ARTICLE 10 - INDEMNITY
In consideration of Twenty Five Dollars ($25.00) and other valuable consideration, CONTRACTOR
agrees to indemnify and hold harmless the OWNER and ENGINEER, their agents and employees.
It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida
Statutes. It is further the specific intent and agreement of said parties that all of the Contract
Documents on this Project are hereby amended to include the foregoing indemnification and the
"Specific Consideration" therefor.
ARTICLE 11- REIMBURSEMENT OF ENGINEERING EXPENSES
Should the completion of this Contract be delayed beyond the specified or adjusted time limit,
CONTRACTOR shall reimburse OWNER for all expenses of engineering and inspection incurred by
OWNER during the period between said specified or adjusted time and the actual date of substantial
completion. All such expenses for engineering and inspection incurred by OWNER will be charged
to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this
Contract. Said expenses shall be further defined as ENGINEER's charges associated with the
construction contract project management, including resident project representative costs. These
expenses are not included in the daily rate for liquidated damages as defined in Article 3.2 of this
Agreement. These are additional expenses to be added to the liquidated damages if they are assesed
against the CONTRACTOR.
Agreement/165P/071201 A-5
. IN WITNESS WHEREOF, the parties hereto have signed this - Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by
ENGINEER on their behalf.
VILLAGE OF KEY BISCAYNE:
By
Samuel Kissinger, Village lager
Address for giving notices:
AP
r
Agreement/165P/071201 A-6
CONTRACTOR:
By
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Date 1141--7 31) 2.O0L-.
[CORPORATE SEAL]
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Village: 85 West McIntyre Street
Key Biscayne, FL 33149
Contractor:782 N.W. LeJeune Road, Suite 640
Miami, FL 33126