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HomeMy Public PortalAbout2000-34 Accepting bid for Village Beach Park Phase II; Approving contract with Danco Development, IncRESOLUTION NO. 2000-34 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ACCEPTING BID FOR VILLAGE BEACH PARK PHASE II (THE "PROJECT"); APPROVING CONTRACT FOR THE PROJECT BETWEEN THE VILLAGE AND DANCO DEVELOPMENT, INC.; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to advertised bid solicitations for the Village Beach Park Phase II (the "Project") the Village has received bids from contractors for construction of the Project, in accordance with the design prepared for the Project; and WHEREAS, the bid specifications (the "Specifications") for the Project authorize the Village Council to waive any informality in any bid; and WHEREAS, the Village Council finds that informalities in the bid of Danco Development, Inc. ("Danco") shall be waived as follows: Danco's failure to submit with the bid, the contractor qualification statement, line item breakdown, and bid alternates is hereby waived for the Project, since the failure to provide this information at the time of submitting the bid did not place Danco at an advantage over other bidders, and such waiver is in the best interest of the Village; and WHEREAS, the Village Council finds that it is in the best interest of the Village to award the Project to Danco as the lowest responsible bidder meeting the Specifications for the Project. 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. Bids Accepted. The bid of Danco is hereby accepted for the construction of the Project, in the amount of $800,000 (including contingent funds). Section 3. Contract Approved. The contract between the Village and Danco for the construction of the Project (the "Contract"), in substantially the form attached to the Specifications, is hereby approved and the 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. Implementation. That the Village Manager is hereby authorized to take any and all action necessary to implement this Resolution in accordance with its terms and conditions. Section 5. Effective Date. That this Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 11th day of _ July , 2000. CONCHITA H. ALVAREZ, CMC, VILLAGE RICHARD JAY WEISS 103001\resolutions\appmving Banco contract for village beach park phase 11 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 2 MAYOR JOE I. RASCO CONTRACT FOR CONSTRUCTION THIS IS A CONTRACT, by and between THE VILLAGE OF KEY BISCAYNE, FLORIDA, Municipal Corporation of the State of Florida, hereinafter referred to as Village, and DANCO DEVELOPMENT, 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 Project: Village of Key Biscayne, Florida, Construction of the Village Beach Park, Phase II 1.2 Specifically, the Project consists of the following: 1.2.1 The extent of Work for this phase of construction includes all buildings, structures, paving, etc., between palm plaza and the beach, inclusive, as indicated on the Contract Documents. This includes, but is not limited to: ❖ The guardhouse; ❖ Pedestrian and vehicular access; ❖ Promenade; ❖ Fountain; ❖ Restroom facilities; ❖ Outdoor shower facilities; ❖ Open-air pavilion ❖ Observation tower; ❖ All landscaping; ❖ All paved surfaces; and ❖ Retaining walls in this area. 1.2.2 Contractor acknowledges that the Village Council has awarded the Project with Bid Alternates (1) and (2) from the bid proposal. 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's Contract Administrator. The Work to be performed under this Contract shall be commenced within ten (10) calendar days after the date specified in the Notice to Proceed. 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 one hundred and twenty (120) calendar days from the date specified in the Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by 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. 2 ARTICLE 3 CONTRACT PRICE 3.1 Village shall pay to Contractor for the full and satisfactory performance of the Contract, the total lump sum of SEVEN HUNDRED EIGHTEEN THOUSAND AND FOUR HUNDRED SIXTY TWO DOLLARS ($718,462.00). 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 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for Work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Village's Consultant. Contractor shall submit with each Application for Payment, an updated Construction Progress Schedule acceptable to Consultant as required by the General Conditions and a release of liens relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted to Consultant for approval. Village shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated Progress Schedule. The Village shall provide the format for the application for payment. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by Village until final Completion and acceptance by Village in accordance with Article 5 hereof. Any interest earned on retainage shall accrue to the benefit of Village. 4.3 When determined to be necessary by Village's Consultant, and based upon the certification of the appropriate monetary amount to be withheld as determined by the Village's Consultant, Village may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 3 4.3.1 Defective Work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor. 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. When the above grounds are removed or resolved or Contractor provides a Surety Bond or a consent of Surety, satisfactory to Village which will protect Village in the amount withheld, payment may be made in whole or in part to the Contractor. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final acceptance, Consultant shall, within ten (10) calendar days, make a compliance review thereof. If Consultant finds the Work acceptable, that the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, or receipt in full in lieu thereof; and an Affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, or a consent of the surety to final payment; and the final corrected as - built drawings; and the final bill of materials, if required, and invoice. Village 4 may withhold final payment under the same terms and conditions as set forth in Section 4.3 above. 5.3 The acceptance by the Contractor of final payment shall constitute a waiver of all claims against the Village by the Contractor, except those claims previously made and identified in writing by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 CONTRACT DOCUMENTS 6.1 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. 6.2 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 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. 6.3 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 7 WAIVER OF JURY TRIAL 5 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 8 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's Contract Administrator. ARTICLE 9 MISCELLANEOUS 9. Insurance Requirements: 9.1 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: 9.1.1 Workers' 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. 9.1.2 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 6 Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 9.1.2.1 9.1.2.2 9.1.2.3 9.1.2.4 9.1.2.5 9.1.2.6 9.1.2.7 Premises and/or Operations. Independent Contractors. Products and/or Completed Operations Hazard. Explosion, Collapse and Underground Hazard Coverages. Broad Form Property Damage. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. 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. 9.1.2.8 Village is to be expressly included as an Additional Insured on the above -referenced Policies. 9.1.3 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: 9.1.3.1 9.1.3.2 9.1.3.3 Owned Vehicles. Hired and Non -Owned Vehicles. Employers' Non -Ownership. 9.1.4 Builder's Risk Insurance. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering the Village, as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) per claim and the Contractor specifically agrees to pay all deductibles. The Policy must be endorsed to provide that the Builder's Risk 7 coverage will continue to apply until final acceptance of the Project by Village. 9.1.5 The Contractor shall either require each of it's Subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the same amounts specified above or insure the activities of it' s Subcontractors in the Contractor' s own policies. 9.1.6 If the initial insurance expires prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 9.1.7 Notice of Cancellation and/or Restriction -The policy(ies) must be endorsed to provide the Village with at least thirty (30) days notice of cancellation and/or restriction. 9.1.8 Contractor shall furnish to the Contract Administrator Certificates of Insurance or endorsements evidencing the insurance coverage specified above within ten (10) calendar days after Notification of Award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. 9.1.9 All deductibles must be declared by Contractor and must be approved by the Village. 9.2 Village's Right To Terminate Contract 9.2.1 If Contractor fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, 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 8 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. 9.3 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 Consultant, and shall notify Consultant in writing of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery and Consultant will promptly review the same. Any Work done after such discovery, but prior to written authorization of the Consultant, will be done at the Contractor's sole risk. 9.4 Contractor's Responsibility for Damages and Accidents: 9.4.1 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. 9.4.2 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. 9.5 Defective Work/Guarantee: 9.5.1 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. 9.5.2 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 Consultant, 9 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. 9.5.3 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. 9.5.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 9.6 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. 9.7 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. 10 9.8 Safety and Protection: 9.8.1 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Village or Consultant's observations and reporting of unsafe conditions shall not relieve the Contractor of this sole responsibility. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 9.8.1.1 All employees on the Work and other persons who may be affected thereby; 9.8.1.2 9.8.1.3 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and; Other property at the Project site or adjacent thereof, including trees, shrubs, lawns, walks, pavements, roadways, existing buildings, structures and utilities not designated for removal, relocation or replacement in the course of construction. 9.8.1.4 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury or loss to any property caused directly or indirectly, in whole or in part, by Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed. 9.8.1.5 Contractor shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be Contractor's 11 superintendent unless otherwise designated in writing by Contractor to Village. 9.9 Payment And Performance Bond: 9.9.1 As required by Section 255.05 (1)(a), Contractor shall post a payment and performance bond. 9.10 Indemnification: 9.10.1 In consideration of the separate sum agreed to be paid by Village of twenty-five dollars ($25.00) payable upon processing by Village of Contractor's first invoice the Contractor shall indemnify and save harmless the Village, its officers, agents, employees and Consultant, from and against any and all liability, suits, actions, claims, damages, costs, losses and expenses, including attorney's fees, from or on account of any injuries or damages, received or sustained by any person, persons, or property during or on account of any operations connected with the construction of this Project, including the warranty period; or by or in consequence of any negligent acts of Contractor or its subcontractors, agents, servants or employees, excluding that arising from the sole negligence of Village or Consultant, in connection with the same; from or on account of any act or omission of Contractor or its subcontractors, agents, servants or employees. 9.10.2 Contractor agrees to indemnify and save harmless Village, its officers, agents and employees and Consultant, from any and all such claims and fees, and from any and all suits and actions of every name and description that may be brought against Village, its officers, agents and employees or Consultant, on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against Village, its officers, agents and employees or Consultant, for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. 9.10.3 Contractor further agrees to indemnify and save harmless Village, its officers, agents and employees and Consultant, for or on account of any injuries or damages, received or sustained by any person or persons resulting from any construction defects. 12 9.10.4 These indemnification provisions shall survive the term of this Contract. 9.10.5 In the event that any action or proceeding is brought against Village or Consultant by reason of any such claim or demand, Contractor, upon written notice from Village shall defend such action or proceeding by counsel satisfactory to Village. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at Village's option, any and all claims of liability and all suits and actions of every name and description that may be brought against Village or Consultant, excluding only those which allege that the injuries arose out of the sole negligence of Village or Consultant, which may result from the operations and activities under this Contract whether the construction operations be performed by Contractor, its subcontractors or by anyone directly or indirectly employed by either. 9.11 Public Entity Crimes Affidavit 9.11.1 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. 9.12 Capitalized Terms 9.12.1 Capitalized terms shall have their plain meaning as indicated herein. 9.13 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. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA, signing 13 by and through its Village Manager authorized to execute same by Council action on the 11t day of July, 2000, and DANCO DEVELOPMENT signing by and through its duly authorized officer. ST: age Clerk This / _day of July 2000. GRID OF KEY BISCAYNE, FLORIDA anager CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION FORMAT, AS APPLICABLE. ATTEST: (Secretary (Corporate Seal) This ' 1 day of July 2000. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: VILLAGE ATTORNEY CONTRACTOR DANCO DEVELOPMENT By: (Signature and Title) :,,r1,021 hno ' b.,,p,,fi (Type Name/Title signed above) Authorized by Resolution 2000-34 on July 11, 2000. 14