Loading...
HomeMy Public PortalAbout2000-24 Accepting Bid for VKB Beach Renourishment Project approving contract with Ryan Incorporated EasternRESOLUTION NO. 2000-24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING BID FOR VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT PROJECT (THE "PROJECT"); APPROVING CONTRACT FOR CONSTRUCTION OF THE PROJECT BETWEEN THE VILLAGE AND RYAN INCORPORATED EASTERN; PROVIDING FOR CONDITIONS; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to the advertised bid solicitation for the Village of Key Biscayne Beach Renourishment Project (the "Project"), the Village received a sealed bid from a qualified contractor, Ryan Incorporated Eastern on June 7, 2000 (the "Contractor") for construction of the Project, in accordance with the designs and specifications prepared by Coastal Systems International, Inc. (the "Engineer"); and WHEREAS, the Engineer has recommended that the contract for construction of the Project be awarded to Contractor; and WHEREAS, the award and execution of the Contract for the Project shall be subject to the conditions provided herein below. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals are hereby adopted, confirmed and incorporated herein. Section 2. Bid Accepted. A bid is hereby accepted for the construction of the Project, as follows: the bid of Contractor for construction of the Project in the estimated amount of $1,694,000.00 is hereby approved and accepted, subject to the conditions stated in Section 4 below. Section 3. Contract Approved. Subject to the conditions of Section 4 below, the Contract between the Village and Contractor for the Project (the "Contract") in substantially the form attached to the Project specifications is hereby approved and the Mayor and/or Village Manager is authorized to execute the Contract on behalf of the Village, once approved by the Village Attorney as to form and legal sufficiency. Section 4. Conditions. That the acceptance of the bid and the approval and authorization for execution of the Contract, as provided in Section 2 and 3 above, is subject to the following conditions precedent: 1. That the Florida Department of Environmental Protection (the "FDEP") approves of the Village's selection of the Contractor to perform the Project; 2. The execution of a written acknowledgment by the Contractor stating that Contractor recognizes that the work shall not proceed until receipt of the following authorizations: (a) Grant of easement from FDEP Division of State Lands; (b) Receipt of permit from Miami -Dade County Department of Environmental Resources Management ("DERM"); (c) Receipt of U.S. Army Corps of Engineers ("USACE") Permit. Section 5. Implementation. That the Mayor and/or Village Manager is hereby authorized to take any and all action necessary to implement this Resolution in accordance with its terms and conditions. Section 6. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 27th day of June , 2000. AY[ CONCHITA H. ALVAREZ, CMC, VILLA APPROVED AS TO FORM AND LEGAL S RICHARD JAY WEISS, VILLAGE ATTORNEY MAYOR JOE I. RASCO 2 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON TH.E BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between Village of Key Biscayne (hereinafter called OWNER) and Ryan Incorporated Eastern (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction services that include the dredging and placement of approximately 100,000 cubic yards of beach quality sand upon the shoreline of the Village of Key Biscayne, and the tilling/grading of the beach post -placement. The Work involved with the Project shall include, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery, superintendence and services necessary for the complete in place construction of the Project. The Work shall be in full compliance with the requirements of the Contract Documents. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Village of Key Biscayne Beach Renourishment Project. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Coastal Systems International, Inc. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 00500-1 ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 120 days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 135 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER 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 paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $ 500 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $ 500 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. Substantial Completion and Final Completion Liquidated Damages are not duplicative. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 15 day of each month during performance of the Work as provided in specification 01290 Payment Procedures. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. 00500-2 ARTICLE 7 - INTEREST 7.01 A ll moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate provided by Section 218.74(4), Florida Statutes. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 00500-3 ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00500-1 to 00500-6, inclusive); 2. Performance Bond (pages 00610-1 to 00610-2 , inclusive); 3. Payment Bond (pages 00620-1 to 00620-2 , inclusive); 4. Other Bonds (pages 1 to 5 , inclusive); a. _Performance/Mitigation Bond (pages 1 to 5 , inclusive); b. (pages to , inclusive); c. (pages to , inclusive); 5. General Conditions (pages 00700-1 to 00700-44 , inclusive); 6. Supplementary Conditions (pages 1 to 1 , inclusive); 7. Special Conditions (pages 1 to 10 , inclusive); 8. Specifications as listed in the table of contents of the Project Manual; 9. Drawings consisting of a cover sheet and sheets numbered CM -1 through CM -10 , inclusive, with each sheet bearing the following general title: Village of Key Biscayne Beach Renotirishment Project 10. Addenda (numbers 1 to 4 , inclusive); 11. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (pages 1 to 1 , inclusive); b. CONTRACTOR's Bid (pages 00300-1 to 00300-5 ;inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive); d. 12. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). 00500-4 C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Amendment of Contract A. The Contract is hereby amended by incorporating by reference herein the provisions of all of Paragraph 19 of the Special Conditions, except for the portion pertaining to Builder's Risk Insurance, as if set forth verbatim herein. 10.06 DERM Permit Mitigation Bond: A. The Contract is hereby amended by adding the following: 1. Contractor shall provide the $100,000.00 performance/mitigation bond (the "Bond") as required by the DERM permit. Subject to a total monetary limitation of $100,000.00, Village shall hold hainiless Contractor from any loss upon the Bond, to the extent that the loss arises solely from claims made under the Bond for matters which are not the responsibility of Contractor under the Project Contract. Further, once Contractor has completed the Work in accordance with the Project Contract, Village shall, to the extent required by the permit, arrange for the posting of a substitute Bond or provide for the placement of alternative security with DERM in lieu of a bond, so that the Contractor's Bond shall be released, provided that the Contractor is not in default of the terms of such Bond at the time of completion of the Work under the Contract. The parties confirm that it is their intention that Contractor shall not be responsible, under the Bond, for any claims which do not arise from acts or omissions for which Contractor is responsible under the Project Contract. 00500-5 10.07 Claims for Delay: A. The Contract is hereby amended by adding the following: 1. Paragraph 19(a) "No Damages for Delay" of the Special Conditions shall not be applicable to any claim, cost or matter which first arises after commencement of dredging activities. Accordingly, any such claim first arising after commencement of dredging activities shall be governed by the General Conditions. However, this amendment shall not affect Contractor's ability, if any, to recover for delay damages arising prior to commencement of dredging activities. 1t — The remainder of this page is left blank intentionally. 00500-6 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2000 (which is the Effective Date of the Agreement). OWNER: Vi11ae of Key Biscayne CONTRACTOR: Ryan I. o .•r. . -d Bern By: r SEAL I Attu �� �l `' F�n ,, . c Attest Address for giving notices: Address for giving n• aces: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of License No. authority to sign and resolution or other documents (Where applicable) authorizing execution of OWNER -CONTRACTOR Agreement.) Agent for service of process: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: C Sarno k t5S i xtge t' Name: Title: V11\ ay. M o,no x Title: Address: %.5 W . e_ Na ` 7 re -te.i- _ Address: KQdli 6iscar( L 331y9 Phone: C3cl-C 3 C05' — STb v Phone: Facsimile: E63S--- 3c.='--— 'Ts":?3 G Facsimile: 1 00500-7