R94-037RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF A BID FOR EAST
OCEAN AVENUE IMPROVEMENTS (500 BLOCK),
(BID NO. 064-151-93/CJD) TO ARZ BUILDERS,
IN THE AMOUNT OF ONE HUNDRED TWELVE
THOUSAND ONE HUNDRED SEVENTY DOLLARS
($112,170); AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND ARZ BUILDERS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, bids were received for the East Ocean Avenue
Improvements (500 Block), Bid No. 064-151-93/CJD; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, 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 ARZ
Builders 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, Florida, hereby approves the award of a bid for the
East Ocean Avenue Improvements to ARZ Builders and authorizes
and directs the Mayor and City Clerk execute a ContracE
between the City of Boynton Beach and ARZ Builders, a copy of
which is attached hereto as Exhibit "A".
Section 2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this / day of March, 1994.
CITY OF BOYNT%~N BEACH, FLORIDA
ATTEST:
i~/y Clerk
(Corporate Seal)
Authsig.doc
ARZ.DNT2(500Block/Ocean)
2/24/94
Commis oner
March
BEACH,
and
cONTRACT
made and entered into
Project
THIS AGREEMENT, this ]st day of
, A.D. 19 94 , by and between the CITY OF BOYNTON
a municipal corporation of Florida,
ARZ BUILDERS
hereinafter called the "CITY
a 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
Commission having canvassed said bids, has determined that the bid in
the total amount of ONE HUNDRED TWELVE TH0USAND~ ONE HUNDRED SEVENTY 00/1~
($112.170.00~ DDT,T,AR~ .........
submitted by the aforementioned CONTRACTOR was the best and mout
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 October 23~ 1993 , 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
City of Boynton Beach] Flori~ ~l-1--6-f-g~- are incorporated hereii, by
reference at such unit prices/or lump sum prices as specified in
~ONTRACTOR'S bid totallin~ ONE HUNDP~ED TWELVE THOUSAND ONE HUNDI~ED
EVENTY AND 00/100 ($112,ITu.uu} DOLLARS
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, plans which include all maps,
plats, blueprints, and other drawings and printed or written
explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 Ail 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 agrees to comply with every
requirement and stipulation therein contained to be performed by
the party contracting to do said work.
2.3 THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and to do all the work above
mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the details for said work on file in the office
of the Project Manager for CITY and strictly in accordance with the
specifications, general stipulations and plans which are hereby
referred to and made a part of this contract, as well as to the
satisfaction of the City Commission and the Project Manager of the
said CITY, and in strict obedience with the directions whick may be
given by the said Project Manager or his authorized representative,
at and for the prices herein plainly set forth.
2.4 To comply with the provisions of Section 215.19, Florida
Statutes, if applicable.
2.5 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 specified by CITY.
2.6 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 Project Manager. Final
acceptance and payment for the entire project will not be made
until the site is satisfactory to the CITY.
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2.7 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 and all applicable State Laws,
municipal ordinances, and the rules and regulations of all
authorities having jurisdiction over construction of the project
shall apply to the contract throughout, and they will be deemed to
be included in the contract the same as though herein written out
in full.
2.8 Upon completion of the work, the Architect 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 Architect Engineer is so satisfied,
he shall recommend acceptance thereof to the City Manager, who
shall, if he agrees with such recommendation, present the final
pay~aent 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 or employee of the CITY, but the
CONTRACTOR shall at all times, and in all respects have the rights
and liabilities of an independent contractor.
2.9 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 Architect 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. Ail settlement, defects or damage upon any
part of the work shall be remedied and made good by the contractor.
2.10 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
60 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 provisions hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and
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not as a penalty, in the amount stipulated therefore in the
Instruction to Bidders and in other contract 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.
3.3 The CONTRACTOR further agrees to pay, as liquidated
damages, the sum of S250.00 per calendar day for failure to begin
within ten (10) days and/or failure to complete the work within
-10- calendar days from the date of "Notice to Proceed" as
specified in the Bid Documents.
4.0 SUBCONTRACTOR APPROVAL
4.1 CONTRACTOR shall, as soon as practicable, after signature
of contract, notify Architect Engineer in writing of names of
subcontractors proposed for principal parts of work, and for such
others as Architect Engineer may direct, and shall not employ any
that architect may, within a reasonable time, object to as
incompetent or as unfit.
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 from insufficient support
thereafter; also, all 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 everyone 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 will 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 of whatsoever kind or
nature arising 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 and against any and
all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, damages, costs, expenses, and fees
(including without limitation reasonable attorney's and 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 its original bid, which constitutes
the contract sum payable by the City to the Contractor, 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 725.05.
6.3 The execution of this Agreement by the Contractor shall
obligate Contractor to comply with the foregoing indemnification
provision, as wellas the applicable insurance provisions. However,
the indemnification provision, and the insurance provision
contained in this Contract are not 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
for the performance of the contract, subject to
deductions as provided in the specifications.
current funds
additions and
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. Ail such
work shall be executed under the conditions of the original
Contract. Any claim for extension of time caused thereby shall be
made, in writing, at the time such change is ordered.
8.2 Ali 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.
9.0 PROJECT ENGINEER
9.1 The Architect Engineer shall be Urban Design Studio
9.2 The Architect 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 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 Architect 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 in connection herewith, and whenever any of the work
covered 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.
11.0 GUARANTEE AND WARRANTIES
11.1 Ail the work shall be guaranteed to remain in good
condition for one year from date of acceptance or longer as
specifications require.
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11.2 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.
12.0 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; 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 Architect 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 contract, 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
withln the time named for its completion or within the time to
which such completion date may be extended; or if other just causes
exist, then the City Manager may ~erve 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 such notice, take such
measures as will, in the judgement of the City Manager, insure the
satisfactory performance of the work, the City Commission and the
C~ty 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 right to the
possession of the ground and shall forfeit his contract. Upon such
termination, the City Manager shall provide the Surety with written
notice of the CITY'S action and the Surety shall within ten (10)
days of receipt of said notice remedy the default or the surety
shall as expeditiously 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 be
liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the contract price", as used in
this paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1 Th~ 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 con~rolling.
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.
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 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 extensibn of ~ime 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 not be limited to
Architect, Project Manager, and Consulting Engineers.
In WITNESS WHEREOF, the CITY has caused these presents to 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
executed these presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Attest:
City Clerk--
Appeal ~ Form:
9
Signed, sealed and Witnessed
in the presence of:
CONTRACTOR
l~.t or Vice President
- /
Attest as to Contractor
State of Florida )
]SS:
County of Palm Beach )
Personally appeared
oaths
before me
duly authorized to administer
to me known to be the p-----ersons described~
foregoing instrument and have d the
executed same. acknowledged before me and they have
My Commission
EXpires:
' F N~tary Public
Contract.393
Rev. 3/93
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