R94-55RESOLUTION NO. R94-,~.4'
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD OF A
BID FOR RECONSTRUCTION/REPAIR TO
OCEANFRONT PARK BEACH BOARDWALK;
AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND ROCKLAND
CONSTRUCTION COMPANY OF
HOLLYWOOD, FLORIDA; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, bids were received for proposals for the Oceanfront Park
Boardwalk Renovation to include replacement of the wooden boardwalk and
ramps with 100% recycled plastic, as well as other structure improvements, Bid
No. 030-722-94/VSMG; and
WHEREAS, the City Commission of the City of Boynton Beach, Flodda,
upon recommendation of staff, has deemed it to be in the best interests of the
citizens and residents of the City of Boynton Beach, Florida to award the bid to
Rockland Construction Company of Hollywood, Florida as the most-responsive
and responsible bidder meeting specs.
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, Flodda,
hereby approves the award of a bid for the Oceanfront Park Boardwalk
Renovation to Rockland Construction Company of Hollywood, Florida and
authorizes and directs the Mayor and City Clerk execute a Contract between the
City of Boynton Beach and Rockland Construction Company of Hollywood,
Florida, a copy of which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~-- day of Apdl, 1994.
A'I-I-EST:
Ci~j Clerk
(Corporate Seal)
CITY O~ BOYNTON BEACH, FLORIDA
Mayor
beach.res
Project #
CONTRACT
THIS AGREEMENT, made and entered into this ~z/ day of
, A.D. 19 ~ , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and ROCKLAND CONSTRUCTION COMPANY
Florida Corporation (__X_)
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
9ommission having canvassed said bids, has determined that the bid
· n the total amount of Two Hundred Eiqhty-Nine Thousand Two Hundred
Sixty Dollars and 00/100 ($289,260.00), 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:
!. 0 AGP~Fa~NT
1.1 The CITY does award the contract ~o and does hire
and employ the CONTRACTOR and the CONTRACTOR does accept the award,
predicated upon the bid of the CONTRACTOR, dated March 24, 1994,
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, contracu documents, bond documents, plans
and specifications for RECONSTRUCTION/REPAIRS TO OCEANFRONT PARK/
BEACH BOARDWALK 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 totalling $ 289,260.00.
3
and
2.7 The CONTRACTOR shall remove
debris, excess material, temporary structures,
from streets, aLl~eys~ parkways
been usedor wo~rk~d, on by
project, promptlyas.such~ec
~for use, leaving the same
Payment.of monthly or
ha~ been~do~e to the
2.8
tO
clean up all rubbish,
tools and equipment
that have
the
this
Final
~de
The CONTRACTOR s~all at ~11 ti~es obserVe and compTy'W~ith
regulations of
2.9 Upon completion work, shall
· work has been
satisfy him-self, ifications and
fully completed in accQrdance
contract documents. When~the ~ .satisfied, he
shall recommend acceptance ~hereof to the City'Manager, Who shall,
if he agrees with such recommendation, present· . the final payment
application to City ion for
acceptthe project. The
hereinafter provided~nder
make ~he CONTRACTOR an ageo~ oE em~
of
vote to formally
sio~of the CITY as
~eer" shall not
CITY~ but the
CONTRACTOR shall at all tim~s, an~ respects have the rights
and liabilities of an independen~ contractor.
2.10 After the cleaning up of the work, premises, streets,
alleys, manholes, catch basins, or other areas of structures 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 materials found not meeting the requirements of the
specifications hall be removed by or at the expense of the
contractor and good and satisfactory wOrkmanship or material
substituted therefor. All settlement, defects or damage upon any
part of the work shall be remedied 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 occurrlng from any cause.
3.0 COMMENCEMENT OF WORK
3.1 Contractor hereby agrees -to commence work. under ~his
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
l&0 Calendar da¥~ following the commencement date as specified in
same.
3.2 Time is the essence of the con%ract. 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
timemade i~accordance with prDvisions hereinbefore set forth, the
contrac~ documents for each and every
3.3 CONTRACTORshall., as~'sQon~a~;-pra~t!~ah!e,
of contract, notify City Engineer in w~itlng
subcontractors proposed for principal parts of ~or
othe~.s as city kngineer may ~ire~t, and shal~ n~ t
~arch~te~t~aF, within a ~e~sonab~e time, object to as
or as~fit~.
of
such
incompetent
4.0 LIqUiDaTeD DAMAGES
4.~ The CONTRACTOR further agrees to pay $ ~0.00 per 4a~ as
iliquida~ed damages, for failure to begin within ~en (10) days and
ifail~e!tocomplete~ t~ work.within 140 Calen4ar 4ays from the date
of "~o~ic~ {o ~roceed .
~5.0 'PROTECTION OF EXISTING FACILI~TIES
bui]
~he
of
;fi:
the
ne(
~h~
in¢l%
cons
TheCONTRACTOR warrants that prices include the protection all existingsewers, conduits, drains, pipes,
walks,.bridges, and other construction encountered, and
repairing of any. damage done to them during ~he progress
insufficient support thereafter, also, all
~, tamping, ramming, puddling and consolidating;
1 of all rubbish and surplus material; also
bailing, draining, o:r unwatering of all excavations,
~ the execution o~ the work; also the furnishing of all
tools, equipment,, materials and supplies, etc. and
of the whole work mentioned in the detailed plans
.ns necessary to give a finished result, and
11 expense incurred in or in consequence of the
discontinuaDce of the said work specified and a
ance wi~ ~ eac~ and every one of the requirements of
and fo~ the m~tenance of 'the .~ti.r6. ~0~k ~n~ ....
~ in good condition.and repair until final acceptance. --
5.2 The CONTRACTOR shall assume full responsibility and
se for the protection of all public and private property,
etc.,, both
fected
CITY
'' ~'~'~"~'1~ g~- C~W~n~STOR. sh~a~t~ .i~emn~f~ and~ s~v~{ha~:~ss, and
defend the CITY, zts agents, se~uagts, ana empt ?;f~om.~an
~a~nst ~nv c~a~., demand, °r caus~ of action 0,~ ,wh~r ~ind or
= ' out Of error, om~sslon:~o~~,~ ~ct , of
pr Lemp~o~e~s in ~t:h~ ~f~r~ce
~'. 2 defend
Cit~, its a. [ities,
all fees
tO
CO
Co
~h
The
~teh
of
en
ob]
pr~
in
and the insurance provison contai5ed in t
interdel)endent of each other, each one is
from the other.
shall
are not
distinc~
6
6.4 The obliqation of the Contrctor to indemnify the City is
no5 subjec~ 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 ~o pay =he CONTRACTOR in current funds for
the performance of the con=racu, subject to additions and
deductions as provided in the specifications.
8.0
CHAN~ES IN THE WORK
8.1 The CITY~ without invalidating the Contract, may order
extra work or make changesby altering,~ adding uo or deducting from
the work, the contract~ sum being adjusted accordingly. All such
work shall be executed under the Conditions of the o~g~nal
Contract. Any ct~im for extension 6f time caused thereby shall be
made, in writing, at the time such cha~ge is ordered.
8.2 Ail 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 Geaeral Contractor and all of his subcontractors shall
be apprised of, and familiar with, the following conditions and
procedures governing extra work under the Contract:
8.3.1
Any change order has ~o be recommended by the
City Manager and officially 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 his work without
making a claim in writing for unforseen extra
work he encounters, it will be construed as an
acceptance and agreemen= by him that any such
work is required under the contract and no
future claim for such extras will be considered
or 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
8.3.5
Changes in the work directed in writing by the
CITY'S Representative under the following
procedures'shatl become a part of .the Contract
by a written Change Order. .'
in the work
onal
work, .ts u~der the
Contract transmitted in
writing by the General Contractor to the CITY's -
.ions and
8.4
The value
extra
be
procedures
8.4.1
if
!or
shall
as are
ie cases
fifteen
and
is
neer the
~ tO
~hould be
8.4.2
8.4.3
i±~hO.%u~t prices are set forth, then by ~
~:~i~'~r qni~ prices mutually agreeO
.CITY and the Contractor, or,
which is the actual cost
overhead, materials,
and other services
lete the work plus fifteen
cover the cost of general
For all labor and foreman
~ authorized operations,
~11 receive the current local
to be agreed upon in writing
for each hour said
engaged thereon.
cost and of profit
~11 not be exceeded
the: CITY.
8.4.3.1
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
8.4.3.6
The Contracsor shall submit sufficient
cost and pricing data to enable the
Engineer to determine the necessity and
reasonableness of costs and amounts
proposed and the allow ability and
eligibility of costs proposes.
The Contractor shall have an accounting
system which accounts for such cos5s in
accordance with generally accepted
accounting principles. This system shall
provide fox the identification,
accumu~lation and segregation of allowable
and unallowable Change Order costs.
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
~o cQst.pr~nciples which must be used for
the determination and allowability of
costs under grant.
In no-.case shatl fringe benefit costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
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, equlpmen~ and
directly related services supplied by him.
Aong the items considered as general
overhead are bonds, ~nsurance,incidental
job burdens, supervision and general
office expenses.
In no case shall the Contractor's cos~ for
administeringsubcontracts exceed five (5)
percent of the subcontractors'cost not
including subcontractors' profit.
8.4.3.7
8.4.3.8
9
For special equipment and machinery such
as power driven pumps, concrete mixers,
truck, s~ asd tractors, or other equipment,
the economical performance of
the at tke Contractor shall
on the agreed rental
price f of equipment and the
its use on the work
rental price shall not
,lished by the
in the Blue
J work done shall be
end of each day by the
the Engineer. Such daily
distinguish between
contract and that
Order. Duplicate
records shall be
the Contractor and the
:~py retained by each.
8.5
Claim of payment fo~
Contractor upon cer{i:
bills. Such stateme:n:
Contract payment
claim for extra wo~
ordered, in writing,i ~
the time of the firs~
9.0 PROJECT ENGINEER
[tra .w
9.1 The project engineer shall
~k~shall be submitted by the
:~ht supported by receipted
~:~ilsubmitted for the current
L~!i~:hich the work was done. No
:'~!~kowed unless the same was
~'i~nd the claim presented at
~r the work is completed.
C~ISTOPHER PRUITT
Of GEE/JENSON ENGINEERS--
ARCHITECTS-PLANNERS
9.2
The Engineer shall have general supervision and direction
of the work. He is the agent of CITY only to the extent
provided in the contract-documents and when in special
instances he has the aut~ri%y by CITY~c~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 p r o p e r
execution of the contracu.
10
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
contract commercial liability;
in to the C
all
maintain during the term of this
motor vehicle ~ damage
'.th,
prosective
re(
not less.t!
attached as Exhibi~ "A",
.or
Insurance
insurance
a
:e of
be
notified at least fifteen (15) day
10.3 The CONTRACTOR shall take all necessgry
loud, unneces~
with ]
used on construction equipment shall be~equi
required by ~the ~.Code
precautions to
in conjunction
5 engines
the
Which
between
permission
loud or unusual no~se,
6:00p.m.._ and 7:00 a.m.,
City Manager~, and then only in
shall
11.0 G~JAKANTEEANDWARKANTIES
11.1 Ail the work shall be guaranteed to remain ih good
condition for one year from date of acceptance.
12.0 TERMINATION OF ~CONTRACT
12.1 If the work to be performed under the contract is assigned
~y the CONTRACTOR~other than provided for herein; if the CONTRACTOR
should be adjudged as bankrupt; if a .general assignment-of, his
asse~s be made for the benefit of his creditors; if a receiver
should be appointed for the CONTRACTOR or any of his property, if
a= any time the Engineer shall certify in writing to the City
~anager tha= 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
contract, plans or specifications, or that he is executing the same
11
in bad faith or otherwise not in accordance with the terms of the
contract; if the work be no~ fully completed within the time named
of the intent to terminate the contract for the CITY and if the
contractor shall not, prior to the effective da~e of termination
set forth in such notice ~ake such sures as Will, in the
rmance
conditions, or
as
~t in
by
make
ault
cts or
~opay
the
~ as
CITY
less
to
the
13.0 ·
13.1 The subject contract between the CITY and the CONTRACTOR
all documents executed between the parties
In the e~ent the
~ contract
shall and s~hall be ling.
12
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 limprovement in accordance with a predetermined
program, all such time limits are of the essence of the contract.
15.0
REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by
any act or omissi0n of the City, its agents or employees, the sole
remedy available no Contractor shall be by extension of the time
allocated to complete the project. No monetary damages shall be
claimed Or awarded :to Contracuor in association with any delay in
the project caused.by an 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 Ail 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 non be limited to
the architect, project manager, and consulting engineers.
13
In WITNESS WHEREOF, the CITY has caused these presents no be
signed by its Mayor and City Manager, attested by the City Clerk
with the Corporate Seal of the said CITY and the CONTRACTOR has
execu=ed these presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest:
City Clerk- ~
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Ap~ve~a s./.t o Form:
Signed, sealed and witnessed
in the presence of:
State of Florida )
]ss:
County of Palm Beach )
CONTRACTOR
esiden~/or Vi~ Preside~n~
Attest a~' to Co~ractor --
Personally appeared before me duly authorized =o administer oaths
to me known to be hhe persons described herein and who executed the
foregoing instrument and have acknowledged before me and
executed same.
Notary Public
My Commission Expires:
OFFICIAL SEAL
DONNA G. WILLIAMS
My Commission Expires
."c". 1~, 1996
Comm. NO, CC 179225
they have
2.
Section
labor,
Principal
PUBLIC CONSTRUcTiON ~OND
BY THIS 8OND, We Rockla.nd Construction Company
as Principal and ~'idelity and Guaranty Insurance Company
a corporation, as SureTy, are bound to _C. ity of Boynton Beach, FL
herein called Owner, in the sum o ~Two Hundred Eighty-Nin~ Thousa, nd
Two Hundred Sixty Dollars and 00~1~U~ ($~9,Z60.UU) ...... ~ .......
for payment of which we bind ourselves, our heirs, personal
representatives, successors, and assigns, 3oin~ly and severally.
THE CONDITION OF THI~ BOND is that if Principal:
1. Performs the contract da~ed
19_~__, between Principal and OWner for construction of ReconstrUction/
Repairs to Oceanfront Park/Beach Boardwalk
the contract being made a part of this bond by reference, at the
times and in the manner prescribed in the contract; and
Promptly makes-payments to all claimants, as defined ~n
255.05(1), Florida Statu~es, supplying Principal with
materials, or supplies, used directly or indirectly by
in the Drosecu~lon of the work provided for the contract;
3. ~ays Ownsr all lossss, damages, expenses, costs, and
a~orney.s fees, including appellate proceedings, tha~ Owner
sustains because, of a default by Principal under the contract; and
4. ~erforms the guarantee of all work and materials
furn:shed under ~he contrac~ for the time specified in the
contract, then th~s bond is void; otherwise it remains in full
force.
Any changes in or Under the contrac~ documents and compliance
noncompliance with any formalities connected wlth the con~rac~
PCB
'~or the changes do not affect
Sur =y s
obligation under this bond.
DATED ON
., 19
~ockl~nd Construction Company
(Name of Priacipal)
The payment provisions of bonds furnished for public work contracts
described in subsection (i} shall, regardless of form, be construed
and deemed statutory bond provisions, subject to all requirements
of subsection (2).
5. In addition to the provisions of chapter 47, any act!on
authorized under this section may be brought in the county ~n which
the public building or public work is beir~g constructed or
repaired. This subsection shall no= apply ko an action instltuted
prior to May 17, 1977.
6. All bonds executed pursuant to this section shall make
reference to this section by number and shall contain r~ference to
~he notice and time limitation provisions of this section~
7, In lieu of the bond required by this section, e
contractor may file with the state, county, city or other political
authorzty an aiterna~ive form of security in the form of cash, a
money order, a certified check, a cashier's check, an irrevocable
letter o~ credit, or a seourity of a type
Chap~er 625. Any such alternative form of
the same purpose and be sub]ect to the same
listed in part II of
security shall be for
conditions as those
PCB P-
applicable to the bond required by this secZ~on. The ~et~rm~naz~on
of the valum of an alternat~v~ fform off security shall be made by
the appropriate sta~e, county, city, or other political
subdivision.
I
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I
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i
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PBC 3
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322852~"~
FIDELITY AND GUSTY INS~CE COMPANY
POWER OF ATTORNEY
NO. 8421
Arthur K. Broder
~ V On,is 3rd dayof December~.%~,~.;.19 93. befo,~,.~'~!;came Robert J. Lamendola .
~c.~ of~id Co~any. ~th ~th ofw~ l~n~ly ~nted,~i~ ~ .ve~ly d~-~ ~, the ~d Robert J.
Lamendola ~d P~ ~. Sims ~ w~ m~ ~or Vi~ ~em a~ the A~t ~cm~ of