R02-136RESOLUTION NO. R 02- I
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
THE AWARD OF A BID (NO. 048-2413-02/CJD)
MCTEAGUE CONSTRUCTION COMPANY, OF
STUART, FLORIDA, IN THE AMOUNT OF $1
FOR THE CONSTRUCTION OF
PARK; AUTHORIZING THE MAYOR UTE
SAD CONTRACT; AND PROVIDING ~TIVE
DATE.
Construction of
Company, Inc. was the
NOW, THERE
CITY OF BOYNTON
Section 1. The
Procurement Services
Park, and it was
responsive bi,
rec and opened Bids for the
that McTeague Construction
who met and exceeded all specifications.
BY THE CITY COMMISSION
FLORIDA, THAT:
on of the City of Boynton Beach, Florida,
X
approves the of a bid to Mc~gue Construction Company, Inc. in the
. \
of $1,943; ~~ for the Constructio.n o~tracoastal Park, and authorizes the
to em ~i a Contract between the parties, a co, of which is attached hereto and
2. That this Resolution iately upon
PASSED AND ADOPTED THIS
Vi,
TTEST:
Award\Construction Intracoastal Park-McTeague
Commi~
t7 day of September,
ner
FLORIDA
BID TITLE: CONSTRUCTION OF INTRACOASTAI, PARK
BID NUMBER: #048-2413-02/CJD
PROJECT NUMBER: CPO249
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
~THIS CONTRACT, made and entered into this 21st day of
.b, et~,,e~e.n~,~,e CITY OF BOYNTON BEACH, a municipal corporation of
a F!ofi. da C_orporaff~ (_X_) Check One
a F!on.'da Genera! Par~rship ( )
a Florida Limited Partne~s~p ( )
a Sole Proprietor \ )
hereinafter called
WITNESSETH
2002, by and
hereinafter called
mo
The City has heretofore invited
the bid title, bid number and project
construction project ("Project") identified by
)er listed above and commonly referred to as:
B°
Contractor, in compliance
a bid on the 22nd day
bidding
92202, for the total bid
announced by the City, submitted
of $1 ;943~440.00.
Co
On the 2_0th day of_
submitted the bid
this Agreement.
~ the City Commission
most advantageous to the City
contractor as having
the execution of
The Parties
the issuance
penalties
that thc Project is scheduled to be completed withir
e to Proceed, subject to CITY approved time
CONTRACTOR for the failure to meet such deadlines.
days of
sions. There are
NOW ..... , in consideration of these premises and the mutual
covenants cgfitained herein, the parties agree as follows:
t~ons and
c-1
1. AGREEMENT
1.1.
The Parties agree that: ~
1.1.1. The foregoing recitations contained in Paragraphs A-C are ~m~ correct
and incorporated herein by this reference. ,
1.1.2. The CITY does hire and employ the CI to provide
construction services for completion of the Pro
1.1.3.
The CONTRACTOR does accept this
the necessary labor, tools, equipment,
complete the Project by performing
Contract and the Contract Docum.
in Contractor's bid.
and does agree to furnish
and supplies, etc., and to
work as set forth in the this
for the price and amounts set forth
1.1.4. Contractor is an
General Conditions for C
contractor as that term is set forth in the
>n (GC-2)
1.1.5. Unless otherwise p:
Documents shall b
all time frames referenced in all Contract
days.
2. SCOPE OF SERVICES
2.1. The Project consi
Documents.
of those improvements described and set forth in the Contract
2.2. The
do~
Documents are the compilation of the following individual
2.2.1
2.2
,2.4.
2.2.5.
2.2.6.
2.2.7.
2.2.8.
2.2.9.
2.2.10.
2.2.11.
2.2.12.
2.2.13.
2.2.14.
Advertisement for Bids
Instructions for Bidders
Bid Proposal
Bid Bond
General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
Construction Contract
Certificate of Insurance
Public Construction Bond
Letters of Credit
Technical Specifications
Contract Drawings and Plans
Addenda
Written directives or interpretations
Manufacturers warranties
c-2
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1.
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 Documents.
3.1.2.
Perform all the work and labor pursuant to this contract and of the
materials furnished shall be in strict conformity with Contract
Documents. CONTRACTOR further accepts and to the
conditions contained in said Contract Documents agrees to
comply with every requirement and stipulation contained.
3.1.3.
Furnish all tools, equipment, materials and and to do all the work
above mentioned in a first-class, workmanlike manner, and
in conformity with the detail for said on file in the office of the
Project Manager and strictly in accord with the Contract Documents.
3.1.4.
Guarantee all work and materials a period of one (1) year. Upon receipt
of written notification from CONTRACTOR shall correct any
defective or faulty work o which may appear within one (1)
year after completion Contract and receipt of final payment.
CONTRACTOR shall the necessary corrections within ten (10) days
of receipt of the
255.05, Florida
settlement,
suppliers, '
from all
to be
notice. Comply with the provisions of Section
if applicable. Pay promptly, before final
all claims or liens by subcontractors or material
in and about this work. Furnish release of liens forms
and suppliers of materials. Release of lien forms
shall be supplied by CITY.
3.1.6.
3.1.7.
3.1.8.
3.1.9.
and clean up all rubbish, debris, excess material, temporary
tools and equipment from streets, alleys, parkways and adjacent
roperty 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.
Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
Perform such other tasks as set forth in the Contract Documents.
C-3
3.1.10. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) days of the
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
cause resulting from their acts or omissions or the acts or omissions of
subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1.
City shall provide a written notice to proceed not later than
execution of this Contract.
0) days from the
4.2.
Make timely payments for the work in accordance
frames set forth in the Contract Documents.
procedures and time
4.3.
On satisfactory completion of the Project, pro'
payment for the entire project.
a written final acceptance and
5. COMMENCEMENT OF WORK
5.1.
CONTRACTOR hereby agrees
before a date to be specified in
fully complete the project
date as specified in same.
work under this contract on or
"Notice to Proceed" of the CITY and to
__ calendar days following the commencement
5.2.
Time is the essence of~
timely commence
of the work
in the
in accordanc~
to the CITY
Section
contract. In the event the CONTRACTOR shall fail to
following Notice to Proceed or fail in the performance
required to be performed within the time limit set forth
due allowance for any extension or extensions of time made
the Contract Documents, the CONTRACTOR shall be liable
liquidated damages and not as penalty, the amount stipulated in
herein below for each and every calendar day that the
shall be in default of completion.
5.3.
shall notify the Project Engineer in writing of any change in the
..s and addresses of each subcontractor proposed for principal parts of work,
any changes in subcontractors from those proposed in CONTRACTOR's bid
~osal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
c-4
6. LIQUIDATED DAMAGES
G.I.
The CONTRACTOR further agrees to pay $250.00 per day uidated
damages, for failure to begin within ten (10) days of CITY's of the
"Notice to Proceed" or failure to complete the work within days
from the commencement date as indicated in the written to Proceed".
The CITY shall have the right to deduct said liquidated from any amount
due, or that may become due the CONTRACTOR, collect such liquidated
damages from the CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND
IN PROGRESS
7.1.
The CONTRACTOR warrants that
continuous use of all existing work in
as more particularly set forth in the
GC-45, and GC-46).
prices include the protection and
property or operations of the CITY
Conditions for Construction (GC-44,
8. INDEMNIFICATION
8.1.
The CONTRACTOR shali and save harmless and defend the CITY, its
agents, servants, and from and against any claim, demand, or cause of
action of whatsoever or nature arising out of error, omission or negligent act
of C¢ agents, servants, or employees in the performance of
services under thi~
8.2.
CONTRACT¢ shall indemnify and save harmless and defend CITY, its agents,
servants from against any kind and all causes, claims, demands,
actions, 1~ es, liabilities, settlements, judgments, damages, costs, expenses, and
fees without limitation reasonable attorney's and paralegal expenses at
both trial and appellate levels) of whatsoever kind or nature for damages to
or property caused in whole or in part by any act, omission, or default of
its agents, servants or employees arising from this contract or its
The CONTRACTOR and the CITY hereby agree and covenant that
CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
c-5
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are
interdependent of each other, but rather each one is separate and distinct the
other.
8.4.
The obligation of the CONTRACTOR to indemnify the CITY
any offset, limitation or defense as a result of any insurance
either the CITY or the CONTRACTOR.
not subject to
available to
9. PAYMENT BY CITY
9.1.
The CITY agrees to pay the CONTRACTOR in
of the contract, subject to additions and
Documents.
funds for the performance
as provided in the Contract
10. CHANGES IN THE WORK
10.1.
The CITY, without invalidating
changes by altering, adding to
being adjusted accordingly. Ali
of the original Contract.
made in writing at the
processed as set forth
may order extra work or make
g from the work, the Contract sum
work shall be executed under the conditions
for extension of time caused thereby shall be
change is ordered. Changes in the work must be
Conditions for Construction (GC-57).
10.2. All change orders
Manager, otherwi,.
iustments shall be in writing and approved by the Project
claim for extras will be allowed.
10.3.
Claim of paym for extra work shall be submitted by the CONTRACTOR upon
certified stat, ent supported by receipted bills. Such statements shall be
submitted current contract payment for the month in which the work was
done. N{ for extra work shall be allowed unless same was ordered, in
writing, aforesaid and the claim presented at the time of the first estimate after
the w~ is completed.
11. PROJECT
11.1.
Project Engineer ("Engineer") is Bill Delleek.
11.
The Project Engineer shall have general supervision and direction of the work.
The Project 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, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
C-6
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 Contrac~
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer
recommendations to the Project Manager who shall make the final
make
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as
Conditions for Construction (GC-28).
forth in the General
13. CONTRACT CONTROLS
13.1.
This Contract must be construed with all
of which shall be maintained by the
dispute, only the master set of docum,
Clerk, shall be used as evidence.
Contract Documents, a master set
of the CITY. In the event of a
or copies thereof certified by the City
13.2.
In the event of a conflict requirements or specifications set forth in
the Contract Documents, the co: shall be resolved by written interpretation by
the CITY, or its as set forth in the General Conditions for
Construction (GC-18). In conflicting provisions of the Contract
Documents, the Contract have the greatest weight, followed by the General
Conditions for and finally by the balance of the Contract Document
14. TIME OF ESSENCE
14.1.
Inasmuch as
performance
to
· ' of the Contract Documents relating to the times of
completion of the work are for the purpose of enabling the CITY
construction of a public improvement in accordance with a
gram, all such time limits are of the essence of the Contract.
15. REMEDY FOR
15.1.
In event of any delay in the project caused by any act or omission of the
its agents or employees, by the act or omission of any other party other
the CONTRACTOR, his agents, employees or subcontractors, 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. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
C-7
CONTRACTOR hereby acknowledges that he has read and understands the~
above provision.
INTIALS -- ~'
15.3. Failure on the part of CONTRACTOR to timely process a re.q~st for an
extension of time to complete the work shall constitute/~ waiver by
CONTRACTOR and CONTRACTOR shall be held responsi~ for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the/"work shall be made in
accordance with the General Conditions for Construc/ff'on (GC 24)
/
15.5. For the purpose of this section, the phrase "the,~ITY, its agents and employees"
shall include but shall not be limited to the Pr~ect Engineer and Project Manager.
/
16. DISPUTES
16.1. Disputes shall be resolved as set fo,,~ in the General Conditions for Construction
(GC-19).
16.2 Upon. resolution of .a dispfi~fe by the Owner, either party may request the
C-8
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence off
CITY OF BOYNTON BEACH, FL(
Attest:
Mayor
Approved as to
City Clerk
Attorney
Signed, sealed and witnessed
in the presence of:
MCTEA¢
CONSTRUCTION COMPANY, INC.
or Vice President
State of Florida
County of Palm Beach
)
) SS.'
)
Attest as to CONTRACTOR
On this __ day ,20 , personally appeared before me, duly authorized
to administer oaths, known to be the
persons described or who has produced as
identification and. executed the foregoing instrument and has acknowledged before me that
they have ex~d same.
Notary Public
My Co?ssion Expires:
C-9