R02-100
RESOLUTION NO. R 02- d 00
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OFA BID (NO, 056-25413-01/CJD) TO
MASON CONSTRUCTION OF BOYNTON BEACH,
FLORIDA, IN THE AMOUNT OF $24,682.50 FOR THE
EXPANSION OF THE SENIOR CENTER TO INCLUDE
AN EXERCISE ROOM; AUTHORIZING THE MAYOR
TO EXECUTE SAID CONTRACT; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, Procurement Services received and opened Bids for the expansion
of the Senior Center to include a 18' x 24' exercise room in unfinished space at the
Senior Center on May 29, 2002, and it was determined that Mason Construction was the
most responsive bidder who met and exceeded all specifications;
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 to Mason Construction in the amount of $24,682,50
for the expansion of the Senior Center to include an exercise room, and authorizes the
Mayor to execute a Contract between the parties, a copy of which is attached hereto and
made a part hereof,
Section 2,
That this Resolution shall become effective innnediately upon
passage,
i
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PASSED AND ADOPTED THIS ~ day of July, 2002,
~A
Vice Mayor
CH, FLORIDA
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BID TITLE:
BID NUMBER
SENTOR rENTER EXERrTSE ROOM
:#0'l/l-?411-0?/rm
CITY OF B()YNTONBEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
TIDS CONTRACT, made and entered into this ~ dayof July. ,
20-, by and between the CITY OF BOYNTON BEACH, a mU11iqipalcorporation of Florida,
hereinafter called .the "CITY" or "OWNER" and MASON r()NS'l'RlTGT'lON
a Florida Corporation LX-.0
a Florida General Partnership L-J
a Florida Limited Partnership L-J
a Sole Proprietor L-J
Check One
hereinafter called "CONTRACTOR",
WITNESSETH
A. The City has heretofore invited bids for a City construction project ("Project") identified by
the bid title, bid number and project number listed above and connnonly referred to as:
SV,NTOR rv,NTv,R F,XV,RrTSF, ROOM
B, Contractor, in compliance with the bidding requirements announced by the City, submitted
a bid on the 21th day ofM~y, ?007, for the total bid amount 0[$ 24,6112.50,
C, On the 2ruLday of fuly, ?007, the City Commission designated contractor as having
submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement.
D, The Parties agre~ that the Project is scheduled to be completed within l80 calendar days of
the issuance oftjIe Notice to Proceed,. subject to CITY approved time extensions, There are
Penalties to the CONTRACTORfor the failure to meet such deadlines,
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained hetein,the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct
and incorporated herein by this reference.
1.1.2, The CITY does hire and employ the CONTRACTOR to provide
. construction services forcolllpletion of the Project.
1.1.3. 'fhe CONTRACTORdoes accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, . etc" and to
com.plete the Project.?)' Performing. all the work as set forth in the this
<Contract and the Contrltct Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. contractor is an independent contractor as that term is set forth in the
General Conditions for Construction (GC-2)
1.1.5, Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents,
2,2. The Contract Documents are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2,2.2. Instructions for Bidders
2.2.3. Bid Proposal
2,2.4. Bid Bond
2,2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2,2,7, Certificate of Insurance
2.2.8. Public Construction Bond
2,2,9, Letters of Credit
2,2,10. Technical Specifications
2,2.11. Contract Drawings and Plans
2.2.12, Addenda
2.2,13. Written directives or interpretations
2.2.14. Manufacturers warranties
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3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Fumishall materials, supplies, machines, equipment, tools,
superintendents, lapor, insurance, and other accessories and services
necessary tocoplplete said project in accordance with the conditions and
prices as statedin the Contract Documents.
3,1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained,
3,1.3. Furnish all tools, equipmeut, lllateri$andsupplie~ and to do all the work
above me!ltioll.lld ina,fi~tt.c!fl~~,.substantial.an.d workmanlike manner, and
in conforJIlity.with~~.d~tail for said work on file in.the office of the
~roject Manag~ and.strictlyinaccordance with the Contract Documents,
3,1.4, Guaranteeall;%rk andiplaterials for a period qf one (1) year. Upon receipt
of written notificlltion from the CITY, CONTRACTOR shall correct any
~fective or fa,Wtywork or materials which may appear within one (1)
y~ar after cOplpLetion of th.e Contract. and receipt of [mal payment.
CfONTRACTQ;Rshallmakethe necessary corrections within ten (10) days
of receipt of the .writt<m.nqtice.Comply with the provisions of Section
2~5.05, Florida Statute~,if applicilble. Pay promptly, before final
s(::ttlement, any and. all. c!fli1llS or liens. by subcontractors or material
sJlppliers, incU!Ted iu and a]:)outthis work. Furnish release of liens forms
trom allsubcl')rltrlll;tors and $Jlpp1iersof materials. Release of lien forms
to be utilized shall be supplied by CITY,
3.1.6. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipmeIitfrom streets, alleys, parkways and adjacent
property that lllayhave.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. .
3,1.7. Observe and comply with the provisions of the charter, ordinances, codes
. and regulations of the City of Boynton Beach, Florida.
3,1.8, Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document. .
3.1.9. Perform such other tasks as set forth in the Contract Documents.
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3.1.10. Shall provide all required bonds, insurance certificates and .any other
required security for performance of the Project within ten (10) days ofthe
Award of the Project.
3.2. 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 re~ulting from their acts or omissions or the acts or omissions of their
subcon~acts or suppliers.
4. CITY'S OBLIGAtIONS
4.1. City shain provide a written notice to proceed not later than ten (10) days from the
execution ofthis Contract.
4.2, Make timely payments for the work in accordance with the procedures and time
fratnes Set forth in the Contract Documents,
4.3. On satisfactory completion of the Project, provide a written final acceptance and
paymenffor the entire project.
5. COMMENCEME~T OF WORK
5,1. CONT~CTOR 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 cOIp.plete the project within 180. calendar days following the commencement
date as specified in same,
5.2. Time is Ithe essence of the contract. In the event the CONTRACTOR shall fail to
timely cpmmence.the.work following Notice to Proceed or fail in the performance
of the w!ork specifieq. and required to be performed within the time limit set forth
in the c~ntract, after due allowance for any extension or extensions of time made
in accor~ce with the Contract Documents, the CONTRACTOR shall be liable
to the ClTY, as liquidated damages and not as penalty, the amount stipulated in
Section 6,0 hereinbelow for each and every calendar day that the CONTRACTOR
shall be in default of completion.
5.3, CONTR;ACTOR shall notify the Project Engineer in writing of any change in the
names ahd addresses of each subcontractor proposed for principal parts of work,
,
and anYlchanges in subcontractors from those proposed in CONTRACTOR's bid
proposal" and for such others as the Project Engineer may direct, and shall not
employ lmY that CITY may, within a reasonable time, object to as incompetent or
as unfit.
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6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $10000 per day as liquidated
damages, for .failure to begin within ten (l0) days of CITY's issuance of the
"Notice to proceed" or failure to complete the work within 1lill calendar days
from the commencement date as indicated in the written "Notice to Proceed".
Th.e CITY shall have the right to deductsaid liquidated damages from .any amount
due, or1p.atmaybecomedue theCONTRj\CTOR, or to collect such liquidated
damages from the CONTRA(jTORor his SUrety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTORwarrautsthatquotedprices include the protection and
continuous uSe orall existing workil.1'process, property or operations of the CITY
as more parti,pularly setforth in the G~neral Conditions for Construction (GC-44,
GC-45,andGC-46).
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save hannless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
actionoJf 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.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants land employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (inc~uding without limitation reasonable attorney's and paralegal expenses at
both the! trial and appellate levels) of whatsoever kind or nature for damages to
persons ~r 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
perform4nce' The (jONTRACTOR and the CITY hereby agree and covenant that'
the C01'fTRACTOR has incorporated in this original hid, which constitutes the
Contract: sum paYl!.ble by the CITY to the CONTRACTOR, specific additional
consideriltion in the. amount of ten dollan; ($10.00) sufficient to support this
ob1igatiqn ofindernnification provided for in this paragraph. The indemnification
required! pursuant to the Contr;;tct shall in no event be less than $1 million per
occurnm,ce or no more than the limits of insurance required of the
CONTR\.\.CTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRt,.CfOR'S full intentiOj1 that this provision shall be enforceable and said
provisioh. shall be in compliance with Section 725.06, Florida Stat\lte.
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8.3 The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the ir),snrance provisions which. are set forth in the General Conditions for
Constructiqn. However, the indemnification provision, and .theinsurance
provisiol). . contained in. the General Conditions for Construction. are not
interdepl:ndent of each other, bl\t rather each one is separate. and distinct from the
other.
8.4 The obligation of the CONTRACTOR to indenmifythe CITY is not subject to
any offsl:t,lirnitation or defense as a result of any insurance proceeds available to
either thJ CITY or the CONTRACTOR.
9, PAYMENT BY CITY
9.1. The CITX agrees to pay the CONTRACTOR in current funds for the performance
of the cqJ,1tract, subject to additions and deductions as provided in the Contract
Documents,
10. CHANGES INTH~ WORK
10.1. The CI'I'Y, without invalidating the Contract, may order extra work or make
.changes. ~y altering, adding to or dedl\cting from the work, the Contract sum
being adjusted accordingly. All such work shall be executed under the conditions
of the oqginal Contract. Any claim for extension of time cal\sed thereby shall be
made in }Vriting at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction (GC-57),
10,2, All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified irtatement supported by receipted bills, Such statements shall be
sl\bmitted for the current contract payment for the month in which the work was
done. N~ claim for extra work shall be allowed unless same was ordered, in
writing, ~s aforesaid and the claimprl:sented atthe time of the first estimate after
the work,is completed.
11. PROJECT ENGIl'1EER
11.1, The Projixt Engineer ("Engineer") is Rill DeReck
11.2, The Projlect Engineer shall have general supervision and direction of the work.
The Projpct Engineer is the agent of the CITY only to the extent provided in the
Contract!Documents and when in special instances he has the authority by CITY
to act, ~d in such instances he shall, upon request, show CONTRACTOR such
authori~ in writing. He has authority to stop the work whenever such stoppage
may be n'ecessary to insure the proper execution of the Contract.
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11.3, As the Project 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 authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a <,iispute, the role of the Project Engineer is to make
recommendations to the Proj ect Manager who shall make the [mal decision.
12. INSURANCE
12.1. The Cmttractorshall obtainat1d maintain insurance as set forth in/the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS .
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, :only the nia.ster set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13 .2, In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the. conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18), In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction and finally by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the 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 ofthe Contract.
15. REMEDY FORDELAY
15.1. In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than tht; CONTRACTOR, his agents, employees or subcontractors, or delay
caused ~y weather conditions or unavailability of materials" the sole remedy
available to. CONTRACTOR shall be by extension of the time allocated to
complete the project.
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15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRA.CTORIN>ASSQCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLO):"EES,CONl.'RACTQR ACKNOWLEDOES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION,
CONTRACTOR hereby acknowledges that he has read and
understands the above,provision,
INTlALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of tinie to (;(Jmpl~tethe work shall constitute a waiver by
CQNTRACTQR aJ:jd CONTRACTOR s~a11 be held responsible for completing
the work within the tinieallocated by this (;(JIl,tract.
15.4. All Tequests . f(jr extension of time to .complete the. work shall be made in
accordance with the Gen~ral Conditions forCOllstruction (GC 24)
15.5, For th~purpos~of this section,th~phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19),
16.2 Upon ro;:solution of a dispute by the Owner, either party may request the
appointment of a mediator.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the. City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed, these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
~;qZf.~~.FLORIDA~
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Signed, sealed and witnessed
in the presenCe of:
CONTRACTOR
President or Vice President
Attest as to CONTRACTOR
State of Florida
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County of Palm Beach
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the.
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
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