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Home My WebLink AboutR-2007-040 Tropic Fence Bid Award RESOLUTION NO. 2007-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A BID TO TROPIC FENCE, INC. IN THE AMOUNT OF $27,863.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, replacement and installation of fencing was part of the Hurricane Wilma repair project; and WHEREAS, FEMA has written a work order for high steel fence repairs in the amount of$43,193; and WHEREAS, the City has decided it is in the best interest for the neighborhood to install a chain link fence; and WHEREAS, on February 9, 2007, the City received bids for C.W. Thomas Park Fence Removal, Replacement and Repair Project; and WHEREAS, there were two bidders for the project; and WHEREAS, the bids were evaluated as follows: Tropic Fence, Inc. $ 27,863.00 Fence Masters, Inc $36,837.00 WHEREAS, the City bid selection team recommends that the low bidder, Tropic Fence, Inc., be selected to perform the work and that the bid be awarded to that company in the amount of$27,863.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing findings are incorporated by this reference. Section 2. That the bid shall be awarded to the low bidder, Tropic Fence Inc. in the amount of$27,863.00 and the proper City officials are authorized to execute the contract for the work; provided, however, that no contract will become effective unless and until City officials complete execution of it. Funding for the contract shall be derived from FEMA and any cost not reimbursed by FEMA will be derived from the hurricane expenses line item of the City budget. Section 3. That all resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are repealed. Section 4. That if any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on February 14, 2007. PATRICIA FLURY MAYOR—COMMISSIONER AT EST: DZ".IVY LOUISE STILSON, CMC CITY CLERK APPROVED AS Tq FO M AND CORRECTNESS: BY: 1 r AT THOMA J. t SBRO CITY ATTOEY 2 RESOLUTION#2007-040 AGREEMENT THIS IS AN AGREEMENT, entered into on / qRO,f/ lq , 200_Z BETWEEN the Owner: City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 and the Contractor: Tropic Fence, Inc. 1864 NW 21" Street Pompano Beach, FL 33069 The Project is: CW Thomas Park Fence Removal, Replacement and Repair The project is located at 800 NW 2nd Street Dania Beach, FL 33004 The Consultant is: Chen & Associates Consulting Engineers, Inc. (Name and address) 420 Lincoln Road, Suite 240 Miami Beach, FL 33139 The Owner and Contractor agree as follows: ARTICLE 1.0 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated in it. The Contract represents the entire and integrated agreement between the parties to it and supersedes prior negotiations, representations or agreements, either written or oral. The Contract Documents shall not be changed and are not subject to negotiation. I ARTICLE 2.0 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows, if applicable: ARTICLE 3.0 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The Date of Commencement is the date from which the Contract Time is measured, and shall be the date set forth in the NOTICE TO PROCEED as issued by the Owner. Should the Contractor incur costs prior to the issuance of the NOTICE. TO PROCEED, any such costs shall be incurred at the Contractor's risk, and the Owner shall not reimburse the Contractor for any such costs under any circumstances. Notwithstanding the foregoing, Owner may reimburse Contractor for actual costs incurred relating to performance and payment bonds and insurance, with submittal of invoices, in the event that Owner terminates this Contract for convenience, as provided in the General Conditions. If Contractor fails to commence the Work within one (1) week of the date set forth in the NOTICE TO PROCEED, Owner may terminate the Contract immediately, without providing an opportunity to cure. 3.2 The Contractor shall achieve Substantial Completion not later than forty-five (45) calendar days, and Final Completion of the entire Work not later than sixty (60) calendar days, each commencing with the date set forth in the NOTICE TO PROCEED as issued by the Owner, subject to adjustments of this Contract Time as provided in the Contract Documents. The parties have agreed that since they are unable to ascertain the amount of damages which would be suffered by OWNER as a result of CONTRACTOR's failure to timely complete all Work required by the date set forth above, the amount of one tenth of one percent (0.10%) of the contract value, inclusive of adjustments, per day, but not less than Five Hundred Dollars ($500.00) per day, which amount has been agreed to by the parties, is considered to be Owner's liquidated damages, and it is not a penalty. It shall be assessed against the CONTRACTOR until substantial and final completion is achieved. 2 ARTICLE 4.0 CONTRACTSUM 4.1 The Owner shall pay the Contractor, for the Contractor's performance of the Work the Contract Sum of Twenty Seven Thousand Eight Hundred and Sixty Three Dollars ($27,863.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the cost agreed upon by the parties, for the satisfactory performance of the Work in accordance with the Contract Documents. 4.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Sum shall be determined in one of the following ways at the Owner's option: (A) Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved without additional fees. (B) By mutual acceptance of a lump sum price. ARTICLE 5.0 PROGRESS PAYMENTS 5.1 Based upon Applications for Payment submitted to the Consultant by the Contractor and Certifications of Payment issued by the Consultant, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below, elsewhere in the Contract Documents and in accordance with Part VII of Chapter 218, Florida Statutes, as it may be amended from time to time, entitled the "Local Government Prompt Payment Act." 5.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.3 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Consultant may require. This Schedule, unless objected to by the Consultant, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.4 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 3 5.5 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: (A) Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent (10%) until 50-percent completion and after 50-percent completion, reduce to five percent (5%) the amount of retainage withheld from each subsequent progress payment. (B) Add that portion of the Contract Sum properly allocable to materials and equipment delivered and installed, less the applicable retainage. No sums shall be due for materials stored on or off site not yet installed. (C) Subtract the aggregate of previous payments made by the Owner; and (D) Subtract amounts, if any, which the Consultant has withheld or nullified. 5.6 Each Application for Payment after the first Application shall be accompanied by a Certification of Payment form, provided by the Owner, from the Contractor and each Supplier and Subcontractor, in amounts equal to those stated in the PRIOR Application for the Contractor and each Subcontractor and each Subcontractor, Material/Labor Supplier so due payment. The Application For Payment For Retainage shall be accompanied by a final Certification of Payment and Release of Claim form from the Contractor, each Supplier and Subcontractor in amounts equal to those stated in the Schedule of Values. ARTICLE 6.0 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, if any, which obligation survives final payment and continues thereafter; and (2) a final Certification of Payment has been issued by the Consultant; such final payment shall be made by the Owner not more than 30 days after the issuance of the Consultant's final Certification of Payment, (3) final Certification of Payment has been furnished from the Contractor, Suppliers and Subcontractors; and (4) a Consent of Surety, if any, for final payment. 4 ARTICLE 7.0 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or other Contract Documents, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Other governmental entities may elect to purchase the goods and services specified in this Agreement, which shall be made available upon the same terms and conditions as those specified in this Agreement. ARTICLE 8.0 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in the General Conditions. 8.2 The Work may be suspended by the Owner as provided in the General Conditions. ARTICLE 9.0 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Agreement between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Specifications are those contained in the Contract Documents listed in the Table of Contents. 9.1.4 The Addendum, if any, is in Section 00900 and summarized below: Number Date 9.1.5 The Certification of Payment forms and Project Closeout Forms are those contained in the Contract Documents. 5 9.1.6 Other documents forming part of the Contract Documents are as follows: 00001 TITLE PAGE 00002 PROJECT DATA 00003 TABLE OF CONTENTS 00004 LIST OF DRAWINGS 00010 NOTICE TO BIDDERS 00020 NOTICE OF APPARENT LOW BIDDER 00100 INSTRUCTIONS TO BIDDERS 00200 GEOTECHNICAL REPORT— when applicable 00300 *BID FORM 00400 *INSURANCE AGENT STATEMENT 00410 *BID SECURITY FORM 00420 *CONTRACTOR'S SWORN QUALIFICATION STATEMENT 00430 *ACKNOWLEDGMENT OF INSPECTION 00440 *PUBLIC ENTITY CRIMES STATEMENT 00450 *NON-COLLUSION AFFIDAVIT 00460 *CONFORMANCE WITH FLORIDA TRENCH SAFETY ACT 00470 *INDEPENDENCE AFFIDAVIT 00500 AGREEMENT BETWEEN OWNER& CONTRACTOR 00510 ACKNOWLEDGMENT IF INDIVIDUAL 00520 ACKNOWLEDGMENT IF PARTNERSHIP 00530 ACKNOWLEDGMENT IF CORPORATION 00600 PERFORMANCE BOND 00610 PAYMENT BOND 00620 CERTIFICATE(S) OF INSURANCE 00630 CONFORMANCE WITH OSHA STANDARDS 00640 HAZCOM TRAINING/INFORMATION 00700 GENERAL CONDITIONS 00800 SUPPLEMENTAL CONDITIONS 00900 ADDENDUM 00910 WARRANTY BOND 00920 CERTIFICATION OF PAYMENT AND PAY ESTIMATE APPROVAL FORM 00930 CERTIFICATION OF PAYMENT AND PARTIAL RELEASE OF CLAIM 00940 CERTIFICATION OF PAYMENT AND FINAL RELEASE OF CLAIM 00950 CONSENT OF SURETY 00960 PROJECT CLOSEOUT 00970 CLOSEOUT PACKAGE CHECKLIST NOTE:* Indicates sections (forms) requiring execution (signatures) to validate the bid or proposal. 6 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals effective the day and year written above. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: By: Louise Stilson, City Clerk Patricia Flury, Mayor By: Ivan Pato, City anager v' 9 200 Approved For Form and Correctness Approved as to "Scope Of Services" By: By: Thomas Y. Ansbro, Q t Attorney Dominic Orlan c Services Director �'� 1200 20 CONTRACTOR: TROPIC FENCE INC. Signature STEVE NESPOU Print Nam , i le A/5-7- , 200�- (CORPORATE SEAL, if applicable) STATE OF FLOM Dl ) ) ss: COUNTY OF-�? Sworn to and subscribed before me on 3 I 200T, by 5�4 o c P°'S Do (i who (check one) is personally known to me or [ ] Rts produced as identification. pq,l,p�.�a�, Notary Public, State of �Lo 9M CWK Ex0ft Fab 15,2009 011f .'11 C8WWWW9 DD 30490 9 M MMON NOIWr Ann. Print or Type Name of Notary Public My commission expires: 8