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R98-172RESOLUTION NO. R98-72',~,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 006-726- 99/CJD) FOR THE GOLF COURSE TEE RENOVATIONS AND PRACTICE AREA CONSTRUCTION, TO DETAIL TURF, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETVVEEN THE CITY OF BOYNTON BEACH AND DETAIL TURF, INC., IN THE AMOUNT OF $31,304.97, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on October 6, 1998, by the Purchasing Division and DETAIL TURF, INC:, was selected as the most complete and responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the Golf Course Tee Renovations and Practice Area Construction to Detail Turf, Inc., in the amount of $31,304.97, and authorizes the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Detail Turf, Inc., a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. ATTEST: Ci(y Clerk ,: Re so~ ~w~d~t ~7~ Mayor //' ~ayor ~ro Tom  missionor Commissioner i ~'., m rn m m Ill 0 ©© 0 0 m -4 rtl m ITl (~ Z ~, ~ z m m ZC oo ~Z~ Z ~ 0 m E~ 0 oo i== zz °~ CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 1998, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter call~xt the "City" and DETAIL TURF~ INC. ~ Florida Corporation (x) ~ Florida General Partnership ( ) a: Florida Limited Partnership ( ) a Sole Proprietor ( ) ~e~einafter called "CONTRACTOR". Check One WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of Thirty One Thousand Three Hundred Four Dollars And Ninety Seven Cents submitted by the hfore~mentioned CONTRACTOR was the best and most desirable bid submitted, and has .uthorized the execution of this contract. ~OW, THEREFORE, in consideration of these premises and the mutual conditions and ;ovenants contained herein, the parties agree as follows: .0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated October 6, 1998, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for GOLF COURSE TEE RENOVATIONS AND PRACTICE AREA CONSTRUCTION- BOYNTON BEACH MUNICIPAL GOLF COURSE~ 8020 JOG ROAD, BOYNTON BEACH, FLORIDA, City of Boynton Beach, Florida, all of which arc incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $31,304.97. 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions .and prices as stated in the contract conditions, supplemental general conditions :and special conditions of the contract, and other drawings and printed or in the bid, contract documents and 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformitY with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly with every requirement and stipulation therein contained to be ~ the party cOntracting to do said work. 2.3 The CONTRACTOI~ supplies and to workmanlike manner, and. in Conformity the office of the City Engineer of the City specifications, general stipulations and plans which are hereby made a part of this contract, as well as the satisfaction and City Engineer of the said City, and in strict which may be given b3 for the prices herein plainly set forth. materials and and ..in · the and sion at and 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work'or materials which may appear within one (1)year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To corrrply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 2.9 2.10 2.11 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent of employee of the CITY, but the CONTRACTOR, shall be at all times, and in all respects have the rights and liabilities of an independent contractor. After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract; the work as a whole shall be inspected by the City Engineer, and any workmanship or material substituted thereof. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. The CONTRACTOR will be held responsible for the care, protection and condition of all work until lrmal completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring fi.om any_ cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 30 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the perforrnance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that o y become due the CONTRACTOR, or to collect such liquidated damages from the NTRACTOR or his Surety. 3.3 CONTRACTOR'shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcontractors proposed for principal parts 0fwork, and for such others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 4.1 agrees to pay $ 250.00 per day as liqui~d,a, ted w~thm ten (10) days of 'Not,ce to Proceed o failure to complete the work within 30 calendar _da~,,ys from the commencement date to be indicated in the written 'Notice to Proceed . 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and 'continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges and Other construction encountered, and the prompt repairing of any damage done to them: during the progress of the work, or fi:om insufficient support thereafter: also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of' all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract:, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other'owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection Of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants; and employees from and against any claim, demand, or cause of action or whatsoever kind or nature arising fi:om out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments; damages, costs, expenses, and fees (including without limitation reasonable attorney's appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CON~CTOR ~specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention, that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are inot interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of:the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or' the CONTRACTOR. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1¸ The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions made in writing at the time such, 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be appraised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be. recommended by the City Manager and officiallyI approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work: without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the ~ntract and no future claim for extras ~vil1 be considered ~)r allowed by the: CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the ,. ~ork involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General Contractor to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 8.4.2 8.4.3 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change in that bid item is significant in the opinion of the Engineer the unit price shall be subject to review to determine if a new unit price should be negotiated; or If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be .agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The contractor shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and mounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is federally or state assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fi'inge benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. :Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.5 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, mxcks, and tractors, or other equipment, required fm the [ rental price for the actual time of its use on the work the current Company in the Rate shall be daily, 8.4.3.8 Records of extra work done shall be reviewed at the end of each Such daily records work done under the contract and that done alicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. Claim of payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the Claim presented at the time of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be DAN MILLER~ GOLF COURSE SUPERINTENDANT. 9.2 The Engineer shall have general supervision and direction of the work. He is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any Of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and Property damage insurance. Such insurance shall provide l/mits not. less than those set. forth on the insurance requirement schedule attached as ATTACHMENT "A". 10.2 Required insurance shall :be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all-necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers,' as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. 'No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by. written permission of the City Manager~ and then only in case of emergency. [.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 2.0 TERMINATION OF CONTRACT I2.1 If the work to be performed under the contract ~-~ assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contracts, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the 13.0 CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, insure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such In the event, of such and t notice and stop work and cease shall forfeit his Surety with written notice of (10) days of ::as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and COnditions, and upon~determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of.defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the mount set forth in the first paragraph hereof. The term "balance ". as used in this paragraph, shall mean the total amount by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid .by CITY to CONTRACTOR. CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and'specifications herein, and of all the other contract documents: relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 5.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. IN WITNESS WHEREOF, the CITY has caused these presence to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence off CITY OF BOYNTON BEACH, FLORIDA Mawr Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: Contractor President or the Vice President Attest as to Contractor tate of Florida ) ) SS: :ounty of Palm Beach ~ ~rsonally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who e ~ecuted the foregoing instrument and have acknowledged before me and they have executed same. [otary Public ly Commission Expires: /15/96 nc