R06-198
"
1 RESOLUTION NO. R06- I qe
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 ADDENDUM TO CONTRACT FOR CONSTRUCTION
6 SERVICES WITH BRANG CONSTRUCTION, INC.,
7 FOR THE CONSTRUCTION OF THE INTRA COAST AL
8 CLUBHOUSE PAVILION; AND PROVIDING AN
9 EFFECTIVE DATE.
10
11
12 WHEREAS, On September 19, 2006, the City Commission via Reso]ution R06-159
13 authorized the Contract with Brang Construction, Inc., for the construction of the Intracoastal
14 Clubhouse Pavilion in the amount of$3,097,000.00; and
15 WHEREAS, Brang Construction has agreed to purchase Bui]ders Risk Insurance
16 excluding wind coverage. Wind coverage will be covered under the City's Insurance
17 program with Brang Construction agreeing to reimburse the City 5% of the wind deductible
18 or $175,000.00 in the event ofa wind or hurricane loss; and
19 WHEREAS, staff recommends that it is in the best interest of the citizens and
20 residents of the City of Boynton Beach for the City Commission to approve the Addendum to
21 Contract for Construction Services with Brang Construction for payment of wind deductible.
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
24
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida does
28 hereby authorize the approval of and direct the Mayor and City Clerk to execute the
S:\CA\RESO\Agreements\Addendum to Brang.doc
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Addendum to Contract for Construction Services with Brang Construction, Inc., for the
2 payment ofa 5% wind deductible or $175,000.00 in the event ofa wind or hurricane loss.
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Section 3.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of November, 2006.
ATTEST:
(Co~~iS;;J)\'
CITY OF BOYNTON BEACH, FLORIDA
C:Z~
~._..._--
Commissioner
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ROb-198
ADDENDUM TO CONTRACT FOR
CONSTRUCTION SERVICES
THIS ADDENDUM dated the ~ day of November, 2006 by and between the CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter
referred to as "CITY") and BRANG CONSTRUCTION, INC., a Florida corporation located at
4300 Oak Circle, Boca Raton, FL 33431 (hereinafter referred to as "CONTRACTOR"), shall
amend and incorporate the following into the Contract for Construction Services (hereinafter
referred to as "Contract") for the construction of the Intracoastal Pavilion Clubhouse executed
September 20, 2006.
IN CONSIDERATION of the mutual covenants and undertakings and other good and
valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the CITY
and CONTRACTOR do mutually covenant and agree as follows:
The CONTRACTOR shall reimburse the CITY 5% of the wind deductible or
$175,000 in the event of a wind or hurricane loss.
In the event of any inconsistencies between this Addendum and the Contract, the provisions
contained in this Addendum shall prevail. In any other respect, the Contract remains unchanged.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY
Signed and Seal and Witnessed
in the presence of:
(\1:tJw~ (l~/lJJJ!J/Yla1{
Witness '
J~Q ~l~
Witness
CITY OF BOYNTON BEACH, FL
m.~
Approved as to Form
:J~ 4. t./6a~/U06u':"
City Attorney
CONTRACTOR
Signed, sealed and witnessed in the
Presence 0 f:
BRANG CONSTRUCTION, INC.
Witness
Witness
State of Florida )
)ss.
County of Palm Beach )
Personally appeared before me duly authorized to administer oaths
, to me known to be the person described herein
and who executed the foregoing instrument and has acknowledged before me and has executed
the same.
Notary Public
My Commission Expires:
S:\CA\AGMTS\Addendum Intracoastal Contract.doc
ROb - 15"'t
BID TITLE: CONSTRUCTION OF INTRACOASTAL PAVILION CLUBHOUSE
BID NUMBER:#054-2413-06/CJD
PROJECT NUMBER: CPO 0506
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
Tms CONTRACT, made and entered into this 20th clay of Seotember. 2006. by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Flori cia, hereinafter
called the "CITY" or "OWNER" and BTang Construction. Inc.
,
a FIoriqa Corporation (V)
a Florida General Partnership L..J
a Florida Limited Partnership L..J
a Sole Proprietor L..J
hereinafter called "CONTRACTOR".
Check One
WITNESSETH
WHEREAS, 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 commonly referred to as:
CONSTRUCTION OF INTRACOASTAL PAVILION CLUBHOUSE
NAME OF BID
WHEREAS, Contractor,. in compliance with the bidding requirements announced by the
City, submitted a bid on the 22nd day of August. 2006. for the total bid amount of $3.097.000.00;
and, .
.~ '-+"
WHEREAS, On the 19th day of Seotember. 2006. the City Commission designated
contractor as having submitted the. bid that was most advantageous to the City and authorized the
execution of this Agreement; and, -
WHEREAS, the Parties agree that the. Project is scheduled to achieve Substantial
Completion without interruption within 300 calendar i1ays as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premis~ and.the mutual conditions and
covenants contained herein, the parties agree as follows: .
Utilities Department
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
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1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
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,
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labQr, tools, equipment, materials and supplies, etc., and to
complete the Project by perfornllng all the work as set forth in the this
Contract and the Contract 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, INDEPENDENT
CONTRACTOR.
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 impro~t~ 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 Con~truction(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. Teclmical Specifications
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranties
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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 service~
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 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 cQntained.
3.1.3. 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 said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction. Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance. .
3.1.5. Guarantee all work and materials fpr a period of one (1) year, as set forth
in the General Conditio~ fllr Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUlREMENTS.Comply with the provisions of Section 255.05, Floricla
Statutes, if applicable.
3.1. 7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubpish, debris, excess material, temporary
structures, tools and equipmcint from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project Pmmptly as such. section or portion is
completed and ready for use, leaving the same in a neat and presentable .
condition.
3,1.9. Observe and comply with the provisions of the charter, ordinances,. codes
and regulations of the City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
Utilities Department
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Rev. 12/30/03
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in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) 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 any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
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4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice. to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth. in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. CO~NCEMENTOFWORK
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5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written ''Notice to
Proceed," and to achieve Substantial Completion without interruption within 300
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or 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 the Contract Dbcuments, the CONTRACTOR shall be liable
to the CITY, as liquiclated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantill1 Completion.
5.3. CONTRACTOR shall notify the Project Engineer "in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed ill CONTRACTOR'S bid
proposal, 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
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as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $2.000.00 Der day as liquidated
damages, for failure to begin within ten (10) days of CITY'S issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 300
calendar days from the Commencement Date as indicated in the written "Notice
to Proceed". 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.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the, CITY
as more particularly set forth in the Techcical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURIlY,AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT p~OmCTS.
8. INDEMNIFICATION
8.1. 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.
8.2. CONTRACTOR shall indemnifY llIjd save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) 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 this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
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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 n() 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
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 not
, interdependent of each other, but rather each one is separate and distinct from the
other.
'f
8.4. 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.
9. PAYMENT BY CITY
9.1. 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 Contract
Documents.
10. CRANGES IN THE WORK
10.1.
'~ ",~:
The CITY, without invaliclating 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. Changes in the work must be
processed as set forth .in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
10.2.. AIl change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim foreitras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for tIie month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing; as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
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11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is David StumP.
11.2. 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 t() 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
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 dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by t4j qity\Clerk of the CITY. In the event of a
dispute, only the master set of doclifnents, or copie~ thereof certified by the City
Clerk, shall be used as evidence.
14. L Inasmuch as the provision~ of the Contract Doc]Jttlentsrelating 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.
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15. 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, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability 9f materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
proj eel.
\ 15.2. 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 TIllS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
.CONTRA.~rebY acknowledges that he has read and understands the above
provision. .
S . .
15.3. Failure on the part 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 w~sl;ontract.
"i" .
15.4. All requests for extension of time to complete the work shall be made in
accotdance with the General Conditions for Construction GC-23, EXTENSION
OF TIME/NO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the 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-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner,_ either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, 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.
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Utilities Department
Rev. 12/30103
Attest:
CITY OF BOYNTON BEACH, FLORIDA
~
Signed, sealed and witnessed
in ~resence of:
-Z ~ modr
Approved as to Form:
('/h/ 11, cfi~
City Attorney .
Signed, sealed and witnessed
in the presence of:
-CQ.u tJ //,~
.
-
CONTRACTOR
~~~~
Presid r 'dent .
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Attest as to CONTRACT~
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State of Florida
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) sis:
County of Palm Beach
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.,
On this I q~y of
to adinini~aths,
. persdhs' described h or who has produced as
Tclentification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires:
C4~~
: Notary Public . .
-tJ.,,*,~Yi,J,~ Carol J. DooDler
! I~~S COlllllJissioD #DD141BB2
~~" ~}E1CJlires:MayOI,2007
~"Jff0; ~"" Bonded 11uu
tlllll\ AtJanti Boner
c mg Co., lno.
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Utilities Department
Rev. 12/30/03
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Carol Doppler
Senior Buyer
FROM:
Janet Prainito
City Clerk
DATE:
November 22, 2006
RE:
RESOLUTION NO. R06-198 - ADDENDUM TO CONTRACT FOR
CONSTRUCTION SERVICES WITH BRANG CONSTRUCTION, INC.
FOR THE CONSTRUCTION OF THE INTRACOASTAL CLUBHOUSE
PAVILION
Attached is a copy of the above-mentioned Resolution and one partially executed
original contract with Brang Construction, Inc. Once the contract is fully executed,
please return the original to this office for Central File.
Please contact me if there are any questions. Thank you.
~Yn~
Attachments
Copy: Central File, Resolution
S:\CC\WP\AFTER COMMISSION\Departmental Transmiltals\2006\Carol Doppler R06-198 - 8rang Construction - 11-22-2006.doc
ROb-ICfB
ADDENDUM TO CONTRACT FOR
CONSTRUCTION SERVICES
THIS ADDENDUM dated the ~ day of November, 2006 by and between the CITY OF
BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter
referred to as "CITY") and BRANG CONSTRUCTION, INC., a Florida corporation located at
4300 Oak Circle, Boca Raton, FL 33431 (hereinafter referred to as "CONTRACTOR"), shall
amend and incorporate the following into the Contract for Construction Services (hereinafter
referred to as "Contract") for the construction of the Intracoastal Pavilion Clubhouse executed
September 20, 2006.
IN CONSIDERATION of the mutual covenants and undertakings and other good and
valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the CITY
and CONTRACTOR do mutually covenant and agree as follows:
The CONTRACTOR shall reimburse the CITY 5% of the wind deductible or
$175,000 in the event of a wind or hurricane loss.
In the event of any inconsistencies between this Addendum and the Contract, the provisions
contained in this Addendum shall prevail. In any other respect, the Contract remains unchanged.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY
Signed and Seal and Witnessed
in the presence of:
iliuw~ (1 WJJjli Hl"AJrI{ltll
Witness
J~C\ ~l~
Witness
CITY OF BOYNTON BEACH, FL
Approved as to Form
-
:J da fl. t/!Ja~U06u~
City Attorney
CONTRACTOR
Signed, sealed and witnessed in the BRANG CONSTRUCTION, INC.
Presence of: ~
~~C-.J~~ . ,(WI
~E6(~'
State of Florida )
)ss.
County of Palm Beach )
Personally appeared before me duly authorized to administer oaths
~t\..('Y\e sQ. \='-e d'€.. \ ~ , to me known to be the person described herein
and who executed the foregoing instrument and has acknowledged before me and has executed
the same.
~~~
Notary Public
My Commission EXPires:~O \0
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CAROL SECKMAN :
S _~ Cornmt 000571814 S
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: FbIdI NaIIIy AIM.. Inc :
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S:\CA\AGMTS\Addendum Intracoastal Contract.doc
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BID TITLE: CONSTRUCTION OF INTRACOASTAL PAVILION CLUBHOUSE
BID NUMBER:#054-2413-06/CJD
PROJECT NUMBER:CPO 0506
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
- TillS CONTRACT, made and entered into this 20th day of September. 2006. by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and Bran!!: Construction. Inc.
"\
\ - ~
a Floriqa Corporation ~
a Florida General Partnership <--J
a Florida Limited Partnership L-J
a Sole Proprietor <--J
hereinafter called "CONTRACTOR".
Check One
WITNESSETH
WHEREAS, 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 commonly referred to as:
CONSTRUCTION OF INTRACOASTAL PAVILION CLUBHOUSE
NAME OF BID
~~ <t
. .
WHEREAS, Contractor, in compliance with. the bidding requirements announced by the
City, submitted a bid on the 22nd day of August. 2006. for the total bid amount of $3.097.000.00:
and,
v WHEREAS, On the 19th day of Se(ptember. 2006, the City Commission designated
contractor as having submitted the. bid that was most advantageous to the City and authorized the
execution of this Agreement; and, -
WHEREAS, the Parties agree that the Project is .scheduled to achieve Substantial
Completion without interruption within 300 calendar days as specified in the Notice to Proceed,
subject to CTIY approved time extensions. .
NOW, THEREFORE, in consideration of these premis~s and. the mutual conditions and
covenants contained herein, the parties agree as follows: .
C-l'
Utilities Department
Rev. 12/30/03
1. AGREEMENT
1.1. The Parties agree tliat:
1.1.1. The foregoing "Whereas" clauses 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 for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labQr, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract 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,lNDEPENDENT
CONTRACTOR.
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 impro~~nt; described and set forth in the Contract
DocUJJi.ents.
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 COIDftruption(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 Construc~ionBond
2.2.9. Technical Specifications
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranti~s
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Utilities Department
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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 service$
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 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 cqntained.
3.1.3. 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 said work on file in the office of the
Project Manager and strictly in accordance with.the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction' Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance. .
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditio~ t$r tonstruction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUlREMENTS.Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
,
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3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, in<?urred in and about this work.
3.1.8. Remove and clean up all rubpish, debris, excess material, temporary
structures, tools and equipmcint from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project pr:omptly as such section or portion is .
completed and ready for use, leaving the sanle in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances,. codes
and regulations of the City of Boynton Beach, Florida. .
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
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in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) 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 any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth- in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written fmal acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
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5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 300
; calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due al1owanc~ for any extension or extensions of time made
in accordance with the Contract DbcUments, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantia.l Completion.
5.3. CONTRACTOR shall notify the Project Engineer -in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR'S bid
proposal, 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
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as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $2.000.00 Der day as liquidated
damages, for failure to begin within ten (10) days of CITY'S issuance of the
''Notice to Proceed" or failure to achieve Substantial Completion within 300
calendar days from the Commencement Date as indicated in the written "Notice
to Proceed". 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.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the, CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SEC1JRllY#.AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT Pl!OfflCTS.
8. INDEMNIFICATION
8.1.. 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.
8.2. CONTRACTOR shall indemnify aIld save harmless and defend CITY, its agents,
servants and employees from agaitist any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attomC?y's and paralegal expenses at
both the trial and appellate levels) 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 this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
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consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuanf to the Contract shall in no event be less than $1 million per
occurrence or nQ 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
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 not
, interdependent of each other, but rather each one is separate and distinct from the
other.
"';'-
8.4. 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.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the perfOimance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
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10.1. The CITY, without invalidating the Contract, may order extra work or make
ch!lllges by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly: All '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. Changes in the work must be
processed as set forth -in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTNES/CHANGE ORDERS.
10.2.. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for.eitras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. _ Such statements shall be
submitted for the current contract payment for tlie month in which the work was
done. No claim for extra -work shall be allowed unless same was ordered, in
writing; as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
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11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is David Stump.
11.2. 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 tq 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
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursu~t to the Contract to
enforce its faithful performance by both parties.
-,
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which sh~ll be maintained by t4j qty'tClerk of the CITY. In the event of a
dispute, only the master set of documents, or copie~ 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
Constniction (GC-17, CONTRACT INTERPRETATION. 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 Doc~eI1t
14. TIME OF ESSENCE
14.1., Inasmuch as the provisions of the Contract Docpments 'relating to the times of
performance and conipletion of the work are for the pmpose 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.
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15. 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, by the act or omission of any other party other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability 9f materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to complete the
proj ect.
15.2. 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.
.CONTRA,~rebY acknowledges that h. h.. read and und....tand. th. above
provision. '
S .
15.3. Failure on the part 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 l;Jrtlfstontract.
.... .
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but sh311 not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set fOrth 1n the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, ei~er 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 City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these pres~ce the day and year herein before written.
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. .
Attest:
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CITY OF BOYNTON BEACH, FLORIDA
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Signed, sealed and witnessed
in ~ence of:
-Z ~U mcak
Approved as to Form:
l 'f/;t-/
I, cfi~
City Attorney .
Signed, sealed and witnessed CONTRACTOR
in the presence of: ~
J}L.g~€J~~ "=--= :-- - I ,iliA ff~~
- Preside r e . dent \
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U Attest as to CONTRACTClR-
State of Florida )
) sis:
County of Palm Beach
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On this I q~y of
to admini~aths,
" persdni described h or who has produced as
iOentification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires: ,
~
Notary Public _, '
~Vtt~'IU."" Carol J. Doppler
!.:'~~'::; Commission flDDl07882
;~'. ~;j Expires: May 01.2007
"'~o;;\~" Bonded11uu
"'"1"\ Atlantic Bond' C
mg 0., Jnc.
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