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R01-255RESOLUTION NO. R01- ~5'~" A RESOLUTION OF THE CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLOP_IDA, APPROV] THE AWARD OF A BID FOR THE FOR THE B£ CLUB PARK RENOVATIONS AND S IMPROVEMENTS (BID #077-2413-01/CJD) CONSTRUCTION TECHNOLOGY, INC. OF WI PALM BEACH; AUTHORIZIN~G ~ DIRECTING 3 MAYOR AND CITY CLERK TO EXECUTE CONTRACT BETWEEN THE CiTY OF-'BOYN'i BEACH AI'~D CONSTRUCTION TECHNOLOGY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on AugusI 22, 2001, by the Prc HE NG AT ~rE TO ;ST HE A ON [C~, .,urement Division and Construction Technology, Inc., of West Palm Beach, Florida, v~as selected as the ! most complete and responsive bidder who met and exceeded all specifications; and WHEREAS, the renovation of Boat Club Park will provide re~idants of Boynton Beach will much needed recreational opportunities; and 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 Boynto~ Beach, Florida, ! hereby approves the award of a bid for the boat Club Park RenOvations and Site Improvements project (Bid #077-2413-0t/CJD), to Construction Technology, Inc., and 1 authorizesl the Mayor and City Clerk to execute an Agreement between the City of BOynton Beach and Construction Technology, Inc., 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 Iq day of September, 2001. ATTEST: mmissioner Commissioner CONTRACT THIS AGREEMENT, made and entered into this Iq day of ,,~Dl-~m~e_t- , A.D. 20OI, by and between the CITY OF BOYNTON BEACH, a municipal cbrporation of Florida. hereinafter called the "City" and CONSTRUCTION TECHNOLOGY, INC. a Florida Corporanon (_X_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 9f 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 NINE HUNDRED AND FORTY-FOUR THOUSAND, FIVE HUNDRED ~kND SEVENTY FIVE DOLLARS AND 00/100 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 22, 2001, 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 ~[ocuments, bond documents, plans and specifications for: Bid Title: BOAT CLUB PARK RENO~TATIONS AND SITE IMPROVEMENTS Bid Number: #077-2413-01/CJD City of Boyntun Beach, Florida~ all of which are incorporated h, ~rein by reference ar such unit prices/or lump sum prices as specified in CON' ?RACTOR'S bid totaling $944.575.00. C-1 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and othe~ accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans wlfich include alt maps, plats, blueprints, and other drawings and printed or written explanato~ matter thereof as contained in the bid. contract documents and specifications f& the project. 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 wit~ said plans and specifications, and CONTRACTOR accepts and consents ~o the conditions contained in said plans and specifications and expressly agr~e{s to comply with eve~ requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 l?he 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 detail for sald work on file in the office of the Owner's Representative of the City and strictly in accordance with the specifications, general stipulations and plans which ar.e ~ereby referred to and made a part of tt~? contract, as well as to the safisfa.ction of the City Commission ~nd Owner s Representative of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correcI any defective or faulty worl~ or materials which may appear within one (1) yea{ after completion of tt~e contract and receipt of final payment. CONTRACTO~ shall ma~ke the necessary corrections within ten (10) d~3;s of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims orliens incurred in and about this work. Furnish release of liens forms from all sfibcontractors 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 fi'om 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. c-2 3.0 2.8 2.9 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the Owner's Representative. Final accept~ nce and payment for the entire project will not be made until the site is satisfactor to the CITY. 2.10 The CONTRACTOR shall at all times observe and comply witl the charter, ordinances, codes and regulations of the City of Florida. 2.11 Upon completion of the work, the Owner's Representative sha by examination and test, that the work has been fully compleq with the plans, specifications and contract documents. Wi Representative is so satisfied, he shall recommend acceptance ~ Manager, who shall, if he agrees with such recommendation, payment application to City Commission for review and vote t the project. The right of general supervision of the CITY as he] under "authority of the engineer" shall not make the CONTRA( employee of the CITY, but the CONTRACTOR, shall at all respects have the rights and liabilities of an independent contract After the cleaning up of the work, premises, streets, alleys, basins, or other areas of structure in anyway connected with tlr the contract, the work as a whole shall be inspected by the City ~ workmanship or material found not meeting the requirements of shall be removed by or at the expense of the CONTRACT£ satisfactory workmanship or material substituted therefor. All s or damage upon any part of the work shall be remedied and CONTRACTOR. The CONTRACTOR will be held responsible for the ca condition of all work until fmal completion and acceptance thi required to make good at his own cost any damage or injury o{ cause. COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under th before a date to be specified in the written '2qotice to Proceed" fully complete the project within 180 days following the corm specified in same. the prowsions of Boynton Beach, 1 satisfy himselfi ed in accordance en the Owner's ~reof to the City ~resent the £mal ) formally accept einafter provided :TOP, an agent or times, and in all manholes, catch e performance of ~ngineer, and any the specifications R and good and :ttlement, defects tade good by the , protection and reof, and will be curring fi:om any s contract on or the CITY and to encement date as C-3 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 per~'ormed within the time limit set forth in the contract, after due allowance forany extension or extensions of time made in accordance with herein bef~o~e set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in ~he General Conditions for Construction 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 damage~from any amount due, or that may become due the CONTRACTOR, or to collegt such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as o~.'ginally proposed for principal parts of work, and for such others as City Engineer may direct. Contractor shall not employ any that City Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 5.0 4.1 The CONTRACTOR further agrees ro pay $250.00 per day as liquidated damages, for failure to begin wittfin ten (10) days of "Notiqe to Proceed" or failure to complete the work within 180 calendar days from the commencement date to be indicated in the written "Notice to Proceed". 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, guard rails 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, rammihg, puddling and consolidating; the removal and disposal of all rubbish and su~ all pumping bailing draining or unwatering of all excavations execution of the work; also the furnishing of all necessary labor mater/als and supplies, etc. and the performance of the whole x the detailed .plans and specifications necessary to give a fi] including all expense incurred in or in consequence of t discontinuance of the said work specified and a faithful compli~ every one of the requirements of the contract and for the mainte work and construction in good condition and repair until final at ~lus material; also incidental to the tools, equipmem, ~ork mentioned in fished result, and ~e suspension or ace with each and ~ance of the entire ceptance. c-4 6.0 5.2 The CONTRACTOR shall assume full responsibility and protection of all public and private property, structures, wat{ utiYtties, etc.. both above and below ground, ar or near the site o~ being performed under the contract, or which are in any mann, prosecution of the work or the transportation of men and mater therewith. The CONTRACTOR shall give reasonable written no the deparmaem of the CITY having charge of any property or ~ expense for the r mains, sewers, sites of the work affected by the als in connection :ice in advance to lilities owned by the CITY and to other owner or owners of public or private prgperty or utihties 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. INDEMNIFICATION 6.1 6.2 6.3 6.4 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 th{ performance of services under this Agreement. CONTRACTOR shall indemnify and save harmless and defend 2ITY, its agents, servants and employees from against any kind and all causes, :laims, demands, actions, losses, liabilities, settlements, judgments, damages, co~ ts, expenses, and fees (including without limitation reasonable attorney's and al: ~ellate attorney's fees) of whatsoever kind or nature for damages to persons or ~operty caused in whole or in part by any act, omission, or default of the CITY, ~ agents, servants or employees arising from this contract or its performance. Th CONTRACTOR and the CITY hereby agree and covenant that the COI ITRACTOR has incorporated in this anginal bid, which constitutes the contrac sum payable by the CITY to the CONTRACTOR, specific additional considen lion sufficient to support this obligation of indemnification provided for in this p ~ragraph. It is the CITY'S and CONTRACTOR'S full intention that this p: )vision shall be enforceable and said provision shall be in compliance with Flori~ [a Statute 725.06. The execution of this Agreement by the CONTRACTO2[ shall obligate CONTRACTOR to comply with the foregoing indemnification )rovision, as well as the insurance provisions which are' set forth in Attachntent "A" herein. However, the indemrdfication provision, and the insurance prov sion contained in this Contract are not interdependent of each other, each on~ is separate and distinct from the other. _ 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. C-5 7.0 PAYMENT BY CITY 8.0 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. CHANGES IN THE ~-ORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting fi.om the work, [he Contract sum being adjusted accordingly. Ail such work shall be executed unCer the conditions of fla~ Original contract. 2~my claim for extension of time cause~t thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be m 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 familiar with, the following conditions and procedures gove trader the Contract: 8.3.1 Any change order has to be recommended by the officially approved by the City Commission before an' implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontracto the work without making a claim in writing for unfores encounters, it will be construed as an acceptance and that any such work is required under the contract and extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and same by written Change Order has been obtained fi.om or the City Commission of Boynton Beach, if authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in' writing by the Owm under the following procedures shall become a part of written Change Order. 8.3.5 Information regarding changes in the work involving for additional work, credits, and/or adjustments under th promptly transmitted in writing by the General CON~ Owner's Representative with full explanations and jm consideration in preparing a Change Order to the Contra~ be apprised of, and ming extra work ~.ity Manager and steps are taken to commence with ,~en extra work he reement by him future claim for ~til authority for the City Manager lecessa~, which "s Representative the Contract by a aims to the CITY ,~ contract shall be RACTOR to the tifications for his c-6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions ~n work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unil prices, if any, as are set forth in the Contract except in those cases where increases in quantities e>tceed fifteen (15) percent of the original bid quantity and the total dollar change of 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 8.4.2 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 8.4.3 authorized operations, the CONTRACTOR shall receiw rate of wages to be agreed upon ~n writing before starti each hour said labor and foreman are actually engaged 1 limit of total cost and of profit shall be agreed upon exceeded unless approved by the CITY. By cost reimbursement, wb/ch 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 the current local tg such work, for hereon. An upper and shall not be 8.4.3.1 8.4.3.2 The CONTRACTOR shall submit sufficient cos to enable the Engineer m determ/ne thi reasonableness of costs and amounts proposed ar and eligibility of costs proposed. and pricing data necessity and the allowability 8.4.3.3 The CONTRACTOR shall have an accounth system which accounts for such costs in accordance with g~nerally accepted accounting principles. This system shall provide for the identification, accumulation and segregation ~f 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 roles 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. C-7 9.0 8.4.3.5 overhead and profit in the aggregate exceed fifte the total cost of direct labor, fringe benefits, materials, suppl/es, equipment and directly supplied by him. Among the items considered as are bonds, insurance, incidental job burdens general office expenses. 8.4.3.6 In no case shall the CONTRACTOR and Subcontractors' general :n (15) percent of direct overhead, related services general overhead supervision and In no case shall the CONTRACTOR'S cost subcontracts exceed five (5) percent of the subco including subcontractors' profit. 8.4.3.7 For special equipment and machinery such pumps, concrete m~xers, trucks, and tractors, er required for th economical performance of the the CONTRA( ~TOR shall receive payment bas rental price for each item of equipment and the use on the work provided that the rental price sl~ current rates published by the Equipment Guide the Blue Book, '~Rental Rates for Construction shall be dally, weekly or monthly as appropriate. for administering atractors' cost not as power driven other equipmem, authorized work, ed on the agreed actual time of its all not exceed the took Company in Equipment". Rate 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. ~uch daily records shall clearly distinguish between the work done reader the contract and that done under the Change Order. Dupliqate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one coPy~etained by each. 8.5 Claim of payment for extra work shall be submitted by the COI~TRACTOR upon certified statement supported by receipted bills. Such sta?ments 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. PROJECTENG1NEER 9.1 The project engineer shall be WALLACE ROBERTS & TODD. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer ts the agent of the CITY only to the extent promded in the contract documents and when in special instances he has the authority b~' 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 maJy be necessary to insure the proper execution of the contract. c-8 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 cont 'act to enforce ,its faithful performance by both. 10.0 INSURANCE The CONTRACTOR shall maintain during the term of this cc liabihty, motor vehicle, and property damage insurance, accepl covering the work contracted and all operations cormect~ whenever any of the work in the contract is to be sublet, contingent or pr0teetive liability and property damage msuranc shall( provide limits not less than those set forth on the insm schedule attached as Attachment "__A". 10.1 10.2 10.3 Required insurance shall be documented in a certificate of provides that the CITY of Boymon Beach shall be notified a~ days in advance of cancellation, no,renewal or adverse change. to furnish pohcies if Certificate of Insurance is not acceptable. ltract commercial able to the CITY, herewith, and :ONTRACTOR'S e. Such insurance ance requirement insurance which least fifteen (15) Contractor agrees The CONTRACTOR shall take all necessary precautiom to preven~ the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction e Cluipment shall be equipped with mufflers, as required by the Code of the City o ~' 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 therl only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11. I All the work shall be guaranteed to remain in good condition for one year from date of acceptance. c-9 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 ~e 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 be~lng unnecessarily delayed or that the CONTRACTOR/is willfully violating any of the conditions, prowsions, or covenants of the contract, plans or specificati, executing the same in bad faith or Otherwise not in accordance the contract; if the work be not fully completed within the ti completion or within the time to which such Completion date m. if other just causes exist, the City Manager may serve ten I notice upon'~ the CON~CTOR of'the intent m terminate th CITY and if the CONTRACT?R shall nm)prior to the termination set forth in such notice, take SUch measures as wil of the City Manager, ensure the ,satisfactoryiperformance of t Commission and the ~ of such termination. Surety and the work and cease m have any right to:l his with written notice ofl of receipt of said notice remedy the possible: the Surety shall 12.1.1 Complete the contract in accordance with its terms and ms, or that he is with the terms of me named for [ts ~ be extended; or 0) days written contract for the *ffecfive date of [, in the judgment e work, the City rminat~d on the ~ event ~urety as 12.1.2 Obtain a bid or bids for completing the contract in ar terms and conditions, and upon determination by Suret) the lowest responsible bidder, make available as work though there should be a default or a succession of contract or contracts or completion arranged unde sufficient funds to pay the cost of completion less :onditions, or eordance with its and the CITY of progresses (even efaults under the this paragraph) balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount se~forth in the first paragraph hereof. The term '~alance of the cOntract pri.c¢", as used in this paragraph, shall mean the total amount payabl? by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C-10 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 OF ESSENCE 15.0 14.1 REMEDY FOR DELAY 15.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of >erformance and completion of the work are for the purpose of enabling the CIT t to complete the construction of a public maprovement in accordance with a predetermined program, all such time l'm~its are of the essence of the contract. In the event of any delay in the project caused by any act omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, 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 pan 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 Conditions for Construction. 15.4 For the purpose of this section the phrase "the CITY its agent~ and employees" shall include but shall not be lir~ited to the architect, projbct manager and consulting engineers. c-11 IN WITNESS WHEREOF, the CITY has caused these presents 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 whtten. Signed. sealed and wimessed in the presence of: Attest: ~'~ O~ 3~;~P'~"/~.~ City Clerk -~. ~ ........ ~ 'tl/llllllllJB~~ Si~ed, se~ed ~d wimessed in ~e presence of: CITY OF BOYNTON BEACH, FLORIDA / Mayor ~ Contractor President or the Vice President Attest as to Contractor C-I2 State of Florida County of Palm Beach ) ) ss: ) On this day of ,20 , personally appeared before me duly authorized ro 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. Notary Public My Commission Expires: I I/15/96 nc C-13