R97-149 RESOLUTION NO. R97-/~-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF A BID FOR THE
EXPANSION OF PALMETTO GREENS PARK ('BID #
054-192_97 S/P) TO WEST CONSTRUCTION;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND
WEST CONSTRUCTION, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, bids were opened on August 14, 1997, by the Purchasing
Division and West Construction, of Lantana, Florida, was selected as the most
complete and responsive bidder who met and exceeded all specifications; and
WHEREAS, Palmetto Greens Park is located at the C-16 Canal and North
Seacrest Boulevard in Boynton Beach; and
WHEREAS, the expansion of Palmetto Greens Park will provide residents
of Boynton Beach will much needed recreational opportunities; and
WHEREAS, the Palm Beach County Housing and Community
Development Department has reviewed the bid and-approves of the bid award to
West Construction.
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 expansion of Palmetto Greens Park
(Bid # 054-'192-97 S/P), to West Construction of Lantana, Florida, and
authorizes the Mayor and City Clerk to execute an Agreement between the City
s:ca~Reso~Bid Award~Palrnetto Greens - West Corlst
9/4/97
1
of Boynton Beach and West Construction, a copy of which is attached hereto as
Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
ATTEST:
City)Clerk
CITY OF BOYNTON BEAC.!:¢, FLORIDA
Ma-~or~/~'~, ~~_ ~~~
v,
'ice~yor
C~mmissioner
Commissioner
s:ca\Reso\Bid Award~Palmetto Greens- West Const
9/4/97
2
CONTRACT
THIS AGREEMENT, made and entered into this 16th day of September, A.D. 1997_, by and
between tbe-~CITY OF B OYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "City" and WEST CONSTRUCTION, INC.
a Florida Corporation
a Florida General Partnership
a Florida Limited Partnership
a Sole Proprietor
Check One
hereinafter called "CONTRACTOR."
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
One hundred seventy two thousand four hundred forty seven and 00/100 cents
($172,447.00)
submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted,
and has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants
contained :herein, the parties agree as follows:
1.0 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 August 14~ 1997, 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 PALMETTO GREENS PARK EXPANSION, City
of Boynton Beach, Florida, all of which are incorporated herein by reference at
such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling
$172~447.00.
2 ~
2.0
SCOPE OF SERVICES
2.1 CONT1L~CTOR 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 ofth~
contained
in the bid,
All the work and labor performed under this contract shall be performed, and all of
the material furnished shall be, in strict
specifications, and >ns
contained in said I eXpressly
every requirement
contracting to do said work.
2.2
2.3
workmanlike manner, and: in conformity with the.detail for said work On file in the
office of: the in accordance with the
specifications, to and
made a as the sari mission and
2.4
2.5
2.6
2.7
may
prices herein plainly set
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.
To comply with the provisions of Section 255.05, Florida StatUtes, if applicable.
To pay promptly, before final settlement~ any and all claims or liens incurred in and
abo~t this work. Furnish release of liens forms frOm all subcontractors and
suppliers of materials: Forms to be supplied by CITY.
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 withheldi'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.
-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.
2.9
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.
2.10
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 retnedied and made good by the
CONTRACTOR.
2.11
The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from 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 120 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 Performance 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
may become due the'CONTRACTOR, or to collect such liquidated damages from the
CONTRACTOR or his Surety.
-CONTRACTOR shall, as soon as practicable, after signature of contract, notify
City Engineer in writing of names of subcontractors proposed .for principal parts of
work, 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 LIQUIDATED DAMAGES
The CONTRACTOR further agrees to pay $ 250.00 per dayas liquidated
Pr "
damages; for failure to begin within ten (I 0) days of"Notice to oceed or failure
to complete the work within 120 calendar days from the commencement
date to be indicated in the written "Notice to Proceed."
5.0 PROTECTION OF EXISTING FACII,ITIES
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 from 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 constructi°n 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 from 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
empk ; performance. The CONTRACTOR and
the CITY has incorporated in
this original bid, payable by the CITY to the
CONTRACTOR specific additional consideration sufficient to support this
paragraph. It is the CITY'S and
and said
provision ~ ~ 725.06.
The execution of th
CONTRACTOR
as the insurance provisions
are not
other.
obligate
provision, as well
in Article "A" herein. However, the
this Contract
from the
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 accordin~ly Ail s~ch work shall be executed under the conditions of the
8.2
8.3
8.4
Ail change orders
Manager
allowed.
otherwise,
the City
familiar with,
the Contract:
appraised of, and
extra work under
8.3.t
Any change order has tc
officially approved
implement
'Manager and
~efore any steps are taken to
8.3.2
Should
the work
encounters,
that any such work
extras will be ¢
subcontractors commence with
for unforeseen extra work he
and agreement by him
contract and no future claim for
8.3.3
and until authority for same
Manager or the
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 work 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.
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 amounts 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, fringe 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
8.4.3.6 In no case shall the CONTRACTOR'S cost for administering
_ -. subcontracts exceed five (5) percent of the subcontractors' cost not
S I
including ubcontractors profit.
8.4.3.7 For special equipment and machinery such as power driven pumps,
concrete mixers, trucks, and tractors, or other equipment, required
~rk, the
price for each item
actual time of its use on
exceed the current
in the Blue
shall be
8.5
8.4.3.8 Records
and that
Claim of
submitted for the
work was
was ordered, in
the
at the end of each
Such daily records
contract
ties of the
the
copy retained by each.
the Contractor upon
Such statements shall be
for the month in which the
be allowed unless that same
the claim presented at the time of
9.0
PROJECT ENGINEER
9.1 The project engineer shall be Ron Last - Lawson~ Noble & Webb.
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.
9
lO.O
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 limits not less than those set forth on the insurance requirement
schedule attached as exhibit "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
wi~ by the Code of the City of Boynton Beach, and the
r with all requirements of this Code as they pertain to
excavating or other construction equipment,
the use of which is attend by loud or unusual noise,
:he hoursof6:00 P.M. and 7:00 A.M., except by
~ City Manager, and then only in case of emergency.
11.0
12.0
GUARANTEE AND WARRANTIES
11.1
All the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
TERMINATION OF CONTRACT
12.1
If the work to be performed under the contract is assigned by the CONTRACTOR
other than provided for herein;, if the CONTRACTOR should be adjudged as
bankrupt; ifa 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 CITY and if the
CONTRACTOR shall not, prior to the effective date of termination set forth in
10
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 notice, or any date subsequent thereto. In the event of such termination, the
City Manager shall notify the CONTRACTOR and Surety and the
CONTRACTOR shall immediately respect such notice and stoP work and cease to
have any rightto the Upon
such termination, the aotice of
the CITY'S action
12.1.1 Complete the contract' in accord~ce with its terms and conditions, or
12.1.2 Obtain in acco with its
terms and Conditions, SUt
contract price;
which the
of
under the
~ of the
for
t~ in the first
amount properly
less the
13.0
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
14.1
OF ESSENCE
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.
11
15.0 REMEDY FOR DELAY
15.1
In the-e~ent 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.
12
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 of.'
CITY OF BoYNTON BEACH, FLORIDA
Attest:
City Clerk
Approved as to Form:
Signed, sealed and witnessed
in the presence of:
Contractor
President or the Vice President
State of Florida _ -
County of Palm Beach
)
) SS:
)
Personally appeared before me duly authorized to administer oaths
to me known to be the persons described herein and who
executed the foregoing instrument and have acknowledged before me and they have executed
same.
NotaryPublic ff/ff ~ (~ (~-
~ OFFICIAL NOTARY ~l
My Co~'ssion Expires: I ~OL J ~PPIgR
~ N~fARY PUBLIC ~A~ OF F~RIDA[
'~} COMMI~ION NO CC4
? ~ IY COMM~SION EXP APR. ~,1~
11/15D6 nc