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HomeMy WebLinkAboutR-1994-127RESOLUTTON NO. 727 -94 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACCEPTING CONTRACT PROPOSAL SUBMITTED BY RCC ASSOCIATES IN THE AMOUNT OF NINETEEN THOUSAND EIGHT HUNDRED AND NO/1OO DOLLARS ($19,800.00) RELATTNG TO CONSTRUCTTON OF CHICKEE HUTS ON DANIA BEACH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain Contract Proposal submitted by RCC Associates in the amount of Nineteen Thousand Eight Hundred and No/100 Dollars ($19,800.00) relating to construction of chickee huts on Dania Beach, copy of which is attached hereto as Exhibit "A", be and the same is hereby accepted. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. pASSED and ADOpTED on 16;. 13th day of Se ptembe,r1994. ity Clerk - Auditor APPROVED AS TO FORM & CORRECTNESS B FRANK C. ADLER, City Attorney ayor - Comrni ner Resolution No. 127 - 9 4 ATTEST: ;t/r,*/r/ n,/D-- CONTRACT PROPOSAL FOR CHIKKEE HUTS DANIA, FL DATE: October 3, 1994TO: Mr. Dan Oyler City of Dania 1O0 W.Dania Beach Blvd. Oania, Fl 33OO4 we are hereby submitting our Contract Proposal to furnish and install the following detail for the construction of your project as described. The proposal is subject to the conditions stated below and on the backside and on the attached sheets made as part hereof by reference thereto: 1 1 Qty - 10' x 10' Chikkee Hut:S 1 650.OO each OUALIFICATIONS 1. Each chikkee Hut cost S16.50 p/square foot.2. Each Chikke Hut to be made of Southern Pine. Southern Pine to be pressed treated below the roof line only3. Square foot price includes the following: - Bond cost - Sealod drawings - Profit & Overhead TERMS AND CONDITIONS Price: EIGHTEEN THOUSAND, ONE HUNDRED FIFTYANO NO/1OO ($18.150.00) DOLLARS Payment Schedule: Deposit of 50o/o. Balance due upon completion. Make check Payable to scc INGBAM coNSTRUcTloN coBPoaATloN. lly Submitted. Accepted By: 1 2 ? Officer Richard A. RCC Associ Date: EXHIBIT'A" RCC ASSOCTATES, tNC. CENERAL CONTRACTORS . INTERIOR SPECIALISTS l905w rzTH AVTNUE. OEERITELD BEACH FLORIOA 11442. TLLETSONI, (lO5) 429 l7OO. FAX (305) 429 l7a6 PAGE: One of Three SPECIFICATIONS: As per plans by ARP Engineering dated 06/07/94, page s.1 . EXCLUSIONS 'I . Permits2. Trash Removal, lf SCC lngram Constr. Corp. to remove trash, than ADD $8OO.0O to Contract Price.3. Tables and benches Date: /0 -2q'f V Page 3 of 4 3. WITHHOLDING PAYMENT BY OWNER: The owner may withhold payment to the General Contractor or his subcontractor on account of the failure of the contractor to comply with any requirement ol his contract. The amount withheld cannot be in excess o, the amount required to repair or replace the work.4. PAYMENT TO CONTRACTOR: Any and all tunds payable to the General Contractor hereunder are declared to constitute payment either as deposits, as specilied in the cont.act, o. as payment for work completed and approved by the owner or representative of owner. lnterest will be due to the General Contractor on the balance due on the contract lrom date oI completion to date of payment at the rate of 1-112 percent pet month.5. SCOPE OF WORK: The General Contractor shall provide tor the site ,or all the labor, supervision and materials hereinafter set lorth in exact accordance with the specitications hereto annexed or described herein and as shown on plans. drawings and details prepared by the architect. Such additional drawings as may be necessary to explain the work in detail will be ,urnished by the owner or architect and are to be conlormed to, except where inconsistent u/ith original plans and specifications. 6. INSURANCE:A. The Owner shall, during the progress ol the work, maintain tull insurance in said work and include the interest of RCC Associates, Contractors/Developers and all Subcontractors and Sub-sub Contractors against all perils of fire, extended coverage, vandalism, malicious mischief and all risks of physical loss. The policies shall cover all work incorporated in the building, and all materials tor lh€ same in or about the premises and shall be made payabls to the parties hereto, as their interest may appear. Contractor will not be liable lor any damages caused by the usual weather elements. Builders Risk lnsurance is by Owner.B. Until completion and final acceptance ol the work, the General Contractor and subcontractors shall maintain WORKMENS COMPENSATION INSURANCE as required by law. DIRECT LIABILITY INSURANCE for the General Contractor's own operations, CONTINGENT LIABILITY INSURANCE tor the operations ot subcontractors, and insurance to include BODILY INJURY LIABILITY and PROPERTY DAMAGE LtABILITY oI the following |imits: Total ol 91,0OO,000.OO BODILY INJURY LIABILITY and PROPERTY DAMAGE, AUTOMOBILE LIABILITY $5OO,OOO.OO each person and each occurrence. Umbrella Policy for $2,OOO.OO0.OO. 7, MATERIAL AND LABOB PROVISIONS: A. The prices quoted by the General Contractor are based on current prices for acceptance within 30 days from the date ol this proposal. B. All materials and equipment are to be new and of the best quality of the kind speciried unless material or equipment ol another type is distinctly specified. C. All work is to be done in the best workman like manner by p€rsons skilled in the type ot work to be perlormed. D. Should the General Contractor be delayed by strikes, lockouts, delay or derault by the Owner or his agents. or by acts oI fire or unusual action of the elements, the time lor the completion oI the work shall be extended ror a period of no less than the time lost without any liability thereof by reason ol said delay.E. The General Contractor hereby agrees to repair and make good any damage, detects, or faults in the work pertormed that applies to this contract that may appear within on6 yeat o, completed work. 8. SCHEDULING OF CONSTRUCTION: The scheduling ot construction operations for the project will be monitored by a method to be chosen by the General Contractor and the Owner, with time being of utmost imponance in this Contract. 9. ENFORCEMENT: Owner agrees to pay all costs ol en{orcsment of this Agr€ement, including reasonable attorney's lees incurred as a result of any dispute between Owner and Contractor. 1O. CONSTRUCTION LIEN; lf this contract calls for the improvement of a leasehold and the lease between RCC Associates' customer and its landlord prohibils RCC from pertect I mechanic's lien against ths fee interest, then, in that event,upon demand by RCC, the principal individual(sl executing this contract on behalf of the corporate customer individually agrees to, and shall, as a condition subsequent to RCC'S duty to perrorm or continue perlormance execute a personal guaranty of the corporate customer's obligations under this contract, in a form satisfactory to RCC. 1 l. LIEN SUBMITTALS: RCC Associates, lnc., as General Contractor, has a liduciary responsibility to collect waivers o[ lien ,rom it's subcontractors 8nd material vendors in accordance with the monies paid to us by the owner, Monies are applied per the supporting breakdown sheet ol percent ot completion of work completed to date. Parlial payments on specilic draws are first applied to material vendors and RCC, and then applied to subcontractors. RCC will submit to the owner the waivers for each payment made, within 5 days of collection of lunds, or prior to the next payment due by the owner. Page 4 of 4 ,I2. ABANDONMENT OF PROJECT: A. ln the event that the proiect should be abandoned by the Owner or il the Owner fails to make payment for a period oI 30 days lrom lnvoice date the General Contractor shall have the right to terminate this contract, in which event, the Owner shall pay the General Contractor lor work completed and shall reimburse the General Contractor for all costs and expenses expended and incurred. plus payment Ior overhead and Profit on said work. B. ln the event that the General Contractor shall willlully neglect or refuse to carry out the terms oI the contract, then upon 3O days notice to the General Contractor, the Owner may terminate the contract. C. No other general or subcontractor can be contracted by the Owner during the time of this contract, to do any work which infringes upon work to be perlormed under this contract, without prior written consent ol the General Contractor plus a release ol liability or obligations to the General Contractor alter granting consent, is absolved lrom any and all liability relating to said work performed' 13. CONTBOVERSY OR OUESTIONS: ll a dispute, controversy or questions shall arise in the interpretation o, any provision of this contract, the performance of any work, the delivery of any material, or the payment of any monies to the General Contractor, the General Contractor can stop or delay any work required to be perlormed pending the termination of such dispute or controversy. 14. CHANGES lN WOBK AND EXTRAS: The Owner, without invalidating this contract, may order extra work or make changes by altering. adding to, or deducting from the work. All such work shall be executed Lrnder the provisions ;t this contract. lt is recommended that all changes be made by written change orders, hortever, any work performed at Owner's oral request, may be completed by General Contractor as an extra without invalidating the contract. Because of time constraints to fast-tract this project, changes in work can be authorized and negotiated by FAX to expedite the iob. Changes required by the building department can be performed on a T&M basis to obtain Certificate ot Occupancy. Overhead & Profit shall be 1O% and 1o% of direct job costs plus supervision and general conditions. Credits to be on cost basis only, no overhead and profit. 15. JOB CLEAN Up: The General Contractor at all times shall keep the premises lrom accumulation of waste materials. At the completion of the contract, he shall remove all his waste materials and rubbish lrom the project, including equipment and surplus materials. and shall leave the project "broom clean" or its equivalent, except as otherwise sPecilied. 16. SKILL AND JUDGMENT BY GENERAL CONTRACTOR: The General Contractor recognizes the relations of trust and confidence established between the General Contractor and the Owner by this contract. The General Contractor covenants and agrees with the Owner to furnish his best skill and iudgment and to cooperate with the owner towards the completion ol the work to be perlormed, 17. SUCCESSOBS BOUND: The parties for themselves, their heirs, successors, executors, administrators and assigns, agree to the Iull performance of the covenants herein contained. 1g. HOLD HARMLESS: The Contractor shall indemnify and hold harmless the Owner and their agents from and against all claims. damages, losses and expenses arising out ol or resulting from the performance ol the work caused in whole or in part by any negligent act ol the Contractor, Subcontractor or anyone directly or indirectly employed by any of them..19. pUNCHLIST: Contractor and Architect in conjunction with the Owner's authorized representative, shall make a "punchlist', of all items which need correction promptly atter substantial completion ol the work. The contractor shall correct the "punchlist" items within thirty (3O) days of receipt o' such "punchlist"' ln the event that the work cannot be completed within thirty (3O) days, the conlractor will complete the work as soon as possible. lmmediately upon correction o, all these "punchlist items, the contractor shall be paid in lull lf subsequent corrections to the work are necessary, whether discovered within the thirty (3O) day period, previously mentioned, or thereafter, these subsequent items shall be promptly shall be promptly corrected by the cont.actor as part of hisone (llyear warranty to Owner. The discovery of such additional necessary shall in no way be used as a reason not to pay the Contractor on Iull within ten (1Ol days of completion the original -punchlist". lf certain items cannot be completed within thiny (30), the Owner shall retain funds to adequately cover the cost to complete those items and those items only and release the remaining monies to the Contractor. CONTRACTOR M CONST t.I CORPORATION ow oh n ecretary/Treasurer