R92-35RESOLUTION NO. R92-J~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING THE BID FOR THE C.D.B.G. PHASE
#1 IMPROVEMENT PROJECT TO OCEAN BAY
CONSTRUCTION, INC.; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND OCEAN BAY
CONSTRUCTION, INC., AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon their review and the recommendation of
staff, deems it to be in the best interests of the citizens
and residents of the City of Boynton Beach to award the bid
for the C.D.B.G. Phase %1 Improvement Project to Ocean Bay
Construction, Inc.
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 awards the bid for the
C.D.B.G. Phase ~1 Improvement Project to Ocean Bay
Construction., Inc.
Section 2. That the Mayor and City Clerk are
hereby authorized and directed to execute a Contract between
the City of Boynton Beach and Ocean Bay Construction, Inc.,
a copy of which is attached hereto as Exhibit "A".
Section 3. This Resolution shall take
immediately upon passage.
PASSED AND ADOPTED this ~ day of March, 1992.
effect
CITY OF BOYNTON BEACH, FLORIDA
Mayor
~sioner
ATTEST:
~Co~porate Seal)
CDBG zRe~ _
02/28/92
oner
CON T~ACT
Pro~ec~ ~ 91-084
THIS AGREEMENT, made and entered into this
day of
, A.D~ 19 92 , by and between the CITY OF BOTNTON
BEACH, a municipal corporation of Florida, hereinafter call the "CITY
and Ocean Bay Construction, Inc. / r
a FlOrida Corporation (x__) Check one
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
hereinafter called "CONTRACTOR".
WITNE$SETH
That under the due procedure of law. bids were heretofore
received by the City co~nission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commission ~Ping CanvaSsed:said bids, has determined that the bid in
the total amoUnt of Three b,,~H~ed seventy-n~ thousand, three hundred ninety-eight
dollars & ~ the afOreraentioned CONTRACTOR was the
best and most~des bid submitted, and has authorized the execution
of this con=tact.
NOW, THEREFORE, in consideration of these premises and the mutual
conditions a~d covenants contained herein, the parties agree as
follows:
1.0 A~REEMENT
1.1 The CITY does award the contract to and does hire and employ
the COaT.ACTOR and the COBTKACTOR does accep= the award, predicated
upon the bid of the CONTRACTOR, da~ed Februar~13 1992, which is
hereby incorporated by reference into this agreemen=, and the
CONTRACTOR does agree =o furnish the necessary labor, tools, equipment,
materials and supplies, etc., and to perform all the work provided in
the bid, con:ract' document-s, bond documents, plans and specifications
for: Community Development Block Grant Sub-Area No. 1 Improvements,
City of Boynton Beach, Florida, all of which are incorporated herein
by reference at such unit prices/or lump sum prices as specified in
CONTRACTORS'S bid totalling Three hundred seventy-nine thousand, three hundred
ninety-eight dollars and ninety-one cents ($379,398.91)
/
RESOLUTION NO.~R92-~
A -RESOLUTION OF THE CITY COMMISSION OF
THECITY~ 0F BOYNTON't BEAC~~ FLORIDA,
AWARDING THE' BID FOR THE C.D.B.G. PHASE
~0NSTRU~TION, INC,; ~THORizING AND
~ iRE~I~G ~ T~E. ~0R?~ '~;' ~ ~Y:- ~RK ~O
WH~I~AS, the Ci~
Beach, Florida, upon thei
staff, deems it
and residents
for the C.D.B.G. ~ct
ConstructiOn, Inc. T :
Boynton
:ion of
.tizens
Ocean Bay
NOW,
C.D.B.G.
Constructign.,
Secti~ 2.
The :C
Florida;~
#1
Inc.
of
the
Bay
That and City Clerk are
hereby aut~Oriz!ed and directed to execute a Con;tAr. act between
the City of Boynton Beach and Ocean Bay ~nstruction, Inc.,
. ,;~,~
a cop~ of which ~s attached hereto as Exhibit A .
Sect,i~n3,. This
immediatel~pon passage,.
~PASSE~.~AN~ ADOPTED.this
ghall take effect
day of March, 1992.
CITY.OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
CDBG.Res
02/28/92
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to furnish all materials,
supplies, machines, equipment, tools, superintendents, labor,
insurance, and other acceseories and services necessary to compiete
said project in accordance with the conditions and prices as stated in
the contract conditions, supplemental general conditions and special
~onditions of the. contract, plans which include all maps, plats.
lueprints, and other drawings, and printed or written explanatory
contract documents and
matter thereof as contained in the bid,
specifications forthe project. ~
2.2 All the work and labor performed
the material :
and con~en~s
~aid work.
2.3 further
and supplies
and
referred to
CITY
the
contract shall be
Shall be, in stric=
andcontrac~0r accepts
in said plans and
comply withevery requirement
performed by the par~y
agrees to furnish all tools,
and to do all the work above
L an~ workmanlike manner, and in
work on file in the office of the
in accordance _with the
p~ans which are hereby
of this contract, as well as to the
and t~ City Engineer of' the said
~e dir~tio~s~whioh may be given by
authorized representative, at and for the
2~4 of ~written notification from. the CITY, uo
or ~ work or materials, which may appear
within.~one the conr_ract_~and receipt of
final payment, make the necessary corrections within
ten (10) days of 'the written notice.
2.5 To co~ with the provisions of Section 215.19, Florida
Statutes, if app~£cable.
2.6 To pay promptly, before final settlement, any and all claims
or liens incurre~ in and about this work. Furnish final release of
lien forms frpmall su~icontr&ctors and suppliers of materials. Forms
to be specified:by CIT~
2.7 The shall remove and clean up all rubbish, debris,
excess temporary structures, tools and equipment from
streets, alleys, ~arkways and adjacent property that may have been used
or worked onb¥ the contractor in connectionwith the project promptly
as such secti0~r portion is completed and ready for use, leaving the
same in a neat and presentable condition. Pa!rmen= 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 =o
the CITY.
2 with the
of the
· m~nlcipal
having
contract in
contract the sam~ [ ~
contract
he shall
if he
cation
ect.
the CITY as
not make
~ CONTRACTOR
liabilities
any
3.1
mXde in
id
alleys,
in anyway
as a whole
or
pecifications
and good and
therefor. All
~iwork shall be
the caC-~,
completion ~
at his own c ~
under this contract
the w~itten "Notice =o Proceed"
'ec= ,within 150 days
same o
In the event the
specified and
forth in the
anyI extension or extensions of time
· hereinbefore set forth, the
CIT~, as liquidated damages and
3
as a penalty, in the amount~ ~.stipula=ed therefore in the special
conditions or in o~her contract documents for each and every calendar
day that the COaTi, ACTOR shall be in default of c~,upIetion. 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
!iquida=ed damages from the COh.~.f~ACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as ~racticable, 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
not employ ~n¥ that architect may,
within object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
~further agrees :to_pay,.as?liquidated damages,
5,7 and 8 in ~the General Conditions
=o complete ~he
to Proceed".
5.0
and
the
~n
work
and
PROTECTION OFEXiSTING FACILITIES
warrants that pt' the protection
all existing sewers, drains, pipes,
materials
in
and other construction e~cguntered, and the
to them during the progress of the
and
in
and for the~
.tionand
~lso, all filling,
ring; the removal
also all pumping,
incidental to the
a!l~l necessary labor,
and~the performance of
and specifications
exgense incurred
of the said
every one of the
of the entire work
acceptance.
for
or near the ~i=e or
conzract, or which are
work
assume, full
and
sites of the
in any
of men and
shall
of the CITY
utili2ies
the contract,
arrangements w~th such department,
removal and replacement or protection of such
and expense
structures,
below ground, an
under the
the~prosecution of the
in connection
,written notice in
~ any proper~y or
~ners of public or
by the work =o
all necessary
:~or owners for the
or utitlies.
6 · 0 INDEmnIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend
=he 'CITY, i=s agen=s, servants, and ~mployees from and &gains= any
claim,
cut of error its agen=s,
under this
and defend City,
any
its
its
of any
in curren= fund~ ~
'.Or
.nd deductio!as
Con=rac~, may order ex=fa
or'~ed~c=ing from the work,
All,such work shall be
Contra~t. Any claim for
in Writing, a~ the time
8.2 All change orders and'-adjust_ments shall be in writing and
approved ~Y the C~ty ~ana~er or C, ity Commission if required, otherwise,
no claim for extras will be allowed.
8.3 The General Co~t, ractor and all of his subcontractors shall be
apprised, of,~ and fami~£ar~ith, the following conditions and procedures
governing ex=fa work under the Contract:
8~3.1 Any change order has to be recommended by the City
Manager and officially approved by the City
Co~ission 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
~iting fOr:unforseen extra .work he encounters, it
ll~e construed as an acceptance and agreement by
him that~ any such work is required under the
con,,.t~,act and no future claim for such extras will
be cons:ideredor allowed by the CITY.
8.3.3 No claim for extra work will be allowed~nless and
until au=hority for same by written Change Order
has~been obtained from the City Manager or the City
Co~ission of Bo!triton Beach, if necessary, which
authorization will be signed by the Mayor.
8.3.4
Changes in the work directed in writing by the
CITY's Representative under the following
procedures shall become a part of the Contract by a
written Change Order.
8.3.5
Information regarding changes in the work involving
claims to the CITY for additional work, credits,
aDa/or adjustments under the Contrac= shall be
promptly transmitted in writing by the General
Con~=aCt~r to the CITY's Representative with full
explanations and justifications for his
cons~c%er~tion in preparing a Change Order to the
Contract.
8.4 The value of any change ordered under the Contract for extra
work and/or any reductions in work required, shall be determined under
one or more of the folLO~ing~ procedures before a written Change Order
is issued:
8.4.1
By such applicable unit prices, if any, as are se=
forth inthe Contract except in those oases where
increases in quantities exceed fifteen (15) percent
of the original bid quantity and the total dollar
change of that bid item ls significant zn the
opinion of the Engineer the unit przce shall be
8.4.2
8.4.3
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 CITYand~he Cont~a~tor~,0r,
cost for
supplies,
to complete
to cover the
8.4.3.1
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
be
COSt
proposes.
have an
the
Order
indicated that the Contract is
State assisted, the Contractor's
is. directed to the applicable rules
ons relative to cost princ~es
be used for the determinatioD
of costs under grant.
L fringe benefit costs on
exceed forty (40) percent
COSTS.
shall~he Contractor and
general overhead and profit in
exceed fifteen (15) percent of
cost of direct labor, fringe
direct overhead, materials,
equipment and directly related
ADDENDUM NO. I
CITY OF BOYNTON BEACH, FLORIDA
¢om m TY sLoc SRm T
SUB AREA ' NO. i IMPROVEMENTS
CITY OF BOYNTON BEACH
PAU~ BEACH COUNTY, FLORIDA
(PEASE I)
DATE: February 6, 1992
PROJECT NO. 91-084
ARCHITECT/ENGINEER:
GENERAL:
Gee & Jenson
Engineers-Architects-Plm. mers~ Inc.
One Harvard Circle
P.O. Box 24600
West Palm Beach, FL 33416-4600
This Addendum modifies, changes from or adds to the
Drawings and Project Manual and shall become a part of
the Contract Documents.
Be
Bidders shall ~ckmowledge r~ceipt of this Addendum in
the ~sPace Provlde~.on the Bid Form. Failure to do~so
may be cause for disqualification of Bidder.
ADDENDUM ITEMS:
Item No. 1: Construction Plans - Sheet 4 of 35
General Notes: Note #20, second sentence shall be
revised to read; "the sleeves shall extend 5 feet
beyond edge of pavement..."
Item No. 2: B~id Item III Roadway Construction
12" limerock (primed). Alternates may be submitted by
the Contractor for approval by the Engineer. Alternates
must be equal to the bid specification and must meet
City and County specification.
Item No.
A.
3: Construction Plans - Sheet L-8, 35 of 35
LandScape Material Schedule, Revision to Phase I Quan-
tities.
Canopy Tree.. .Phase I Subtotal 58
Pal' Tree .... ]]][[]]]].Phase I Subtotal 21
Flowering Tree ......... Phase I Subtotal 2
Beach .................. Phase I Subtotal 1
Pavers ................. Phase I Subtotal 44 SF
END OF ADDENDUM
Mike Kak~, P.E.
City Engineer
91084
ADD 1-1
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!
TIME
I
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The undersigne~ Bidder agrees to commence work within 10 days
after written Notice .to Pr~c~d, and fu~er agrees
the en~'i~re 'Wd~k Within-/~-~ consecu-
Proceed,
I The · agrees ~_~t~_at this Bid shall be good and may
not be l p~riod~df 30 days after the scheduled
closing time for receiving bids.
!
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of
forfeit tO the Owner, as liquidated
the date estab-
actual date
work, the s~unt
ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
I
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Dated this
SEAL
By:
I
I
I
Title:
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
Exhibit A
91084
BFU-2
EXHIBIT "A"
CITY OF BOYNTON BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT
IMPROVEMENTS
SUB AREA NO.1
PHASE ONE r
ITEM ESTIMATED UNIT ESTIMATED
NO. DISCRIPTION QUANTITY UNIT PRICE AMOUNT
PHASE ONE
SUMMARY OF SUB-AREA
I SITE PREPARATION
REMOVE CONC.CU~RBS,APRONS & TREES 1 LS
RELOCATION OF TRAFFIC SIGNS 1 EA
R~L~CATION ~ ~IR~ ~YDRANT~ 2 EA
RELOCATION OF METER BOXES 1 EA
RELOCATIONOF FENCING 50 LF
REMOVAL OF ASPHALT 6,679 SY
II DRAINAGE
SSSTOTAL
SITE PREP.
SPIRAi RIB PIPE
a 15" S.P.R PERF. W/ TRENCM DRAIN 215 LF
b 18" S.P.R PERF. W/ TRENCH DRAIN 400 LF
c 15" S.P.R 372 LF
d 18" S.P.R 572 LF
STORM DRAIN STRUCTURES
e INLET TYPE 9 19 EA.
f CAP EXISTING INLET 3 EA.
g STORM MANHOLE TYPE PT-T 17 EA.
h CONTROL STRUCTURE WEIR 6 EA.
i CONFLICT STRUCTURE 1 EA.
j CONFLICT MODIFICATION "p" BOTTOM 5 EA.
SUBTOTAL SITE DRAINAGE
!
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III ROADWAY CONSTRUCTION
ROADWAY EXCAVATION 4,494
1-1/2" ACSC type S-II 6,808
12" LIMEROCK (PRIMED) 6,808
CURB & GUTTER Type "F"(MODIFIED) 6,001
4 FT. CONCRETE SIDEWALK 90S
CONCRETE REPAIR DRIVES/WALKS 1,250r
ASPHALT REPAIR DRIVES/WALKS
ADJUST MANHOLE TOPS
ADJUST VALVE BOXES
PAVEMENT MARKINGS AND SIGN~
Ri-l, STREET STOP SIGN
24" STOP BAR
SUBTOTAL
IV WATER DISTRIBUTi~N
1
:8 EA. ~,O-D O~
? EA.
EA.
LF
ROADWAY CONST .
WATER SERVICE (MAIN TO RESIDENCE.)
20"x 6" TAPPING SLEEVE & VALVE
6"x 6" TAPPING SLEEVE & VALVE 1 EA.
6" D.I.P. WATER MAIN 355 LF
D.I~P. FITTINGS 95~ LB
WATER MAIN DEFLECTION HORIZ.& VERT ~i EA
WATER MA~N DEFLECTION MECH. JOINT EA.
WATER-SErVICE SLEEVE ~" PVC l~ ~A.
V WASTE WATER COLLECTION
SUBTOTAL
WATER DIST~.
8"-0-8' DEPTH REMOVE & REPLACE 1,310 LF
8"-8-10' DEPTH REMOVE & REPLACE 200 LF
DOUBLE SERVICES ( TIE-IN @ R/W ) 29 EA.
SUBTOTAL WASTEWATER COLLECTION
VI MISC.
a CONCRETE,PARKING AREA
b SEED & M~LCH
c BAHIA SOD
d ST: AUGUSTINE SOD
e LANDSCAPE **
f MOBILIZATION
g MAINTENANCE OF TRAFFIC
h PERFORMANCE & PAYMENT BOND
SUBTOTAL MISC.
446 SY
306 SY
770 SY
800 SY /~
i LS ""
1 LS ~.~ ~;~f~ ,
TO_TAL PHASE I ESTIMATED IMPROVEMENT COST FOR SUB-AREA
I
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I TRENCH SAFETY AFFIDAVIT - UNIT PRICE
FOR
CITY OF BOYNTON BEACH COMMUNITY DEVELOPMENT BLOCK GRANT
I~HPROVEM~NTS SUB-AREA NO. i PHASE ONE
I Trench excavations on this Project are expected to be in excess
of ~5 feet deep. The Occupational Safety and Health
Administration excavation safety standards, 29 CFR 1926.650
Subpar~: P trench safety standards will be in effect during the
period of construction of the Project.
Bidder acknowledges tha.t lncluded in the various items of the Bid
and in the Total Bid Price are uosts with the
~ october
excavationwork
trench
identifies the costs
Trench Safety Units. of
Item Unit Measure Unit Extended
CDescriDtion~ Quantity ~LF. SY) Cost Cost
SASEBID ITEMS:
Ce
TOTAL $ _'~ /
FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING
DECLARED NON-RESPONSIVE.
91084
TSU-1
£n ~he p~esence of:
Presiden= or Vice Presiden=
.as tO .Contrac=or
$=a=e of Florida
administer oaths
the
me~,and they have
Notary Public
My Commission Expires:
limprovement in accordance with a predetermined program,
limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1 Iff the evenn of any delay in
City, its agents or
shall be by E
tO
act or its agents
request for
all such time
the projec= caused by any
'the sole remedy
allocated to
be claimed or awarded
· in th~ project caused by an
~mployees.
to timely process a
constitute
responsible for
t5.
the work
Conditions.
15.4 For
it~
architect,
In
signed
these presents
of this section the phrase "the City,
shall not be limited to the
the CITY
year
has caused
these presents to be
the City Clerk with
has executed
CITY OFIBOYNTON BEACH, FLORIDA
City Manager
Mayor
Attest:
City Clerk
Approved as to Form:
City AttQrney
Signed, sealed and witnessed
CONTRACTOR
1ALTDR
4/23/90
This page omitted from Bid packet, insert in Contract
covenants of the contract, plans or specifications, or that he 'is
executing the same in had faith or otherwise not in accordance with =he
terms of the contract; if the work be not fully completed within =he
time named for its completion or within the time =o which such
completion da=e-may be extended; or if other Just causes exist, =hen
work,
contract
its terms and
the Contract in
determination
available as
or a succession
~letion arranged
of completion
including
term "balanc~
the
don=tact and any
by CITY
13<0CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONT~
shall 'supeTsede any and all documents executed between the pa~ies
relative to =he project. In the event of any inconsistencies the
terms, provisions and conditions set forth in the subjec= con=tact
shall supersede all other 'documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1 Inasmuch as the provisions hereof, and of the plans and
specifications herein, and of all =he 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
9.2 As the Engineer is, in the first instance, the interpreter
of the conditions of the contract and the judge cf 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
contract
schedule~ at=ache~ as
CONTRACTOR shall main=ain during the term of this
Co~mnercial liability, motor vehicle, and property damage
acceptable to the CITY, covering the work contracted and all
and whenever any of the work covered
CONTRACTOR'S contingent or protective
Such insurance shall provide
set forth on the insurance requirement
Article "IX".
10 The
of
in cs
be documented in a certificate cf
the CITY of Boynton Beach~ shall be
(15) days in advance of cancellation,
Contractor agrees to furnish policies if
acceptable.
take all necessary precautions =o
unnecessary noise in conjunction with
Internal combustion engines used on
· qulppe~ with mufflers, as required by
Beach, and the COBTKACTOR shall comply
this Code as they pertain ~o prevention
or other construction equipment,
use of Which is attended by loud or
the hours of 6:00p.m. and 7:00
City Manager, and then only
for
in good condition
12.0 TERMINATION OF CONTRACT
for
the
shall
the work~
CONTRACTOR
be Performed under the con=tact is assigned by
provided for herein; if the COR'£~ACTOR should
if a general assignment of his assets be made
~f his creditors; if a receiver should be appointed for
of his property, if at any time the Engineer
to the City Manager that the performance of
con=tact is being unnecessarily delayed or that the
is willfUlly violating any of the conditions, provisions, or
8.4~3.6
8.4.3.7
services supplied by him. Aong '=he it-~-
considered as general overhead are bonds,
insurance,incidental job burdens, superv=sion
and general office expenses.
s cos= for
five (5)
includin9
~ profit.
machinery such as
mixers,
as
8.4.3.8
be reviewed
Contractor and
records shall
the work done
under the
of accepted
by the
and one copy
8.5 Claim
Con=fac=or
s=atemen=s shall be
month in which the
allowed unless the same
claim presen=ed at the
completed.
.fred by the
bills. Such
for the
work shall be
oresaid an~the
9.0
PROJECT ENGINEER
9.1 The project engineer shall be Michael E. Kazunas, P.E.
~:, City Engineer