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R97-149 RESOLUTION NO. R97-/~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE EXPANSION OF PALMETTO GREENS PARK ('BID # 054-192_97 S/P) TO WEST CONSTRUCTION; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND WEST CONSTRUCTION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on August 14, 1997, by the Purchasing Division and West Construction, of Lantana, Florida, was selected as the most complete and responsive bidder who met and exceeded all specifications; and WHEREAS, Palmetto Greens Park is located at the C-16 Canal and North Seacrest Boulevard in Boynton Beach; and WHEREAS, the expansion of Palmetto Greens Park will provide residents of Boynton Beach will much needed recreational opportunities; and WHEREAS, the Palm Beach County Housing and Community Development Department has reviewed the bid and-approves of the bid award to West Construction. 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 for the expansion of Palmetto Greens Park (Bid # 054-'192-97 S/P), to West Construction of Lantana, Florida, and authorizes the Mayor and City Clerk to execute an Agreement between the City s:ca~Reso~Bid Award~Palrnetto Greens - West Corlst 9/4/97 1 of Boynton Beach and West Construction, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. ATTEST: City)Clerk CITY OF BOYNTON BEAC.!:¢, FLORIDA Ma-~or~/~'~, ~~_ ~~~ v, 'ice~yor C~mmissioner Commissioner s:ca\Reso\Bid Award~Palmetto Greens- West Const 9/4/97 2 CONTRACT THIS AGREEMENT, made and entered into this 16th day of September, A.D. 1997_, by and between tbe-~CITY OF B OYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and WEST CONSTRUCTION, INC. a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor Check One hereinafter called "CONTRACTOR." WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of One hundred seventy two thousand four hundred forty seven and 00/100 cents ($172,447.00) submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained :herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does .hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated August 14~ 1997, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for PALMETTO GREENS PARK EXPANSION, City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $172~447.00. 2 ~ 2.0 SCOPE OF SERVICES 2.1 CONT1L~CTOR further agrees to 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 conditions, supplemental general conditions and special conditions ofth~ contained in the bid, All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict specifications, and >ns contained in said I eXpressly every requirement contracting to do said work. 2.2 2.3 workmanlike manner, and: in conformity with the.detail for said work On file in the office of: the in accordance with the specifications, to and made a as the sari mission and 2.4 2.5 2.6 2.7 may prices herein plainly set Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. To comply with the provisions of Section 255.05, Florida StatUtes, if applicable. To pay promptly, before final settlement~ any and all claims or liens incurred in and abo~t this work. Furnish release of liens forms frOm all subcontractors and suppliers of materials: Forms to be supplied by CITY. The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheldi'until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. -The CONTRACTOR shall at all times,observe and comply with the provisions of :the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work; the City Engineer shall satisfy, himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as. hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent of employee of the CITY, but the CONTRACTOR, shall be at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material substituted thereof. All settlement, defects or damage upon any part of the work shall be retnedied and made good by the CONTRACTOR. 2.11 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. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR 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 complete the project within 120 days following the commencement date as specified in same. 3.2 Time is the essence of the contract: In the event the CONTRACTOR shall fail in the Performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the'CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. -CONTRACTOR shall, as soon as practicable, 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 Engineer may ~direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES The CONTRACTOR further agrees to pay $ 250.00 per dayas liquidated Pr " damages; for failure to begin within ten (I 0) days of"Notice to oceed or failure to complete the work within 120 calendar days from the commencement date to be indicated in the written "Notice to Proceed." 5.0 PROTECTION OF EXISTING FACII,ITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, 'buildings, walks, bridges and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter: also all the filling, backfilling; tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental tO the execution of the work; also the furnishing of all necessary labor, tOols, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and constructi°n in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the Contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such prOperty or utilities. 6.0 INDEMNIFICATION 6.1 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 or whatsoever kind or nature arising from out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACTOR shall indemnify and 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 appellate attorney's fees) 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 empk ; performance. The CONTRACTOR and the CITY has incorporated in this original bid, payable by the CITY to the CONTRACTOR specific additional consideration sufficient to support this paragraph. It is the CITY'S and and said provision ~ ~ 725.06. The execution of th CONTRACTOR as the insurance provisions are not other. obligate provision, as well in Article "A" herein. However, the this Contract from the 6.4 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. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordin~ly Ail s~ch work shall be executed under the conditions of the 8.2 8.3 8.4 Ail change orders Manager allowed. otherwise, the City familiar with, the Contract: appraised of, and extra work under 8.3.t Any change order has tc officially approved implement 'Manager and ~efore any steps are taken to 8.3.2 Should the work encounters, that any such work extras will be ¢ subcontractors commence with for unforeseen extra work he and agreement by him contract and no future claim for 8.3.3 and until authority for same Manager or the 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, and/or adjustments under the contract shall be promptly transmitted in writing by the General Contractor to the CITY'S Representative with full explanations.and justifications for his consideration in preparing a Change Order to the Contract. 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 following procedures before a written Change Order is issued: 8.4.1 8.4.2 8.4.3 By such applicable unit prices, if, any; as are set forth in the Contract except in-those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change in that bid item is significant in the opinion of the Engineer the unit price shall be subject to review to determine if a new unit price should be negotiated; or If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed.upon by the CITY and the CONTRACTOR; or By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4:3.1 The contractor shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is federally or state assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4,3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering _ -. subcontracts exceed five (5) percent of the subcontractors' cost not S I including ubcontractors profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required ~rk, the price for each item actual time of its use on exceed the current in the Blue shall be 8.5 8.4.3.8 Records and that Claim of submitted for the work was was ordered, in the at the end of each Such daily records contract ties of the the copy retained by each. the Contractor upon Such statements shall be for the month in which the be allowed unless that same the claim presented at the time of 9.0 PROJECT ENGINEER 9.1 The project engineer shall be Ron Last - Lawson~ Noble & Webb. 9.2 The Engineer shall have general supervision and direction of the work. He 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 written authority. He has authority to stop the work whenever such stoppage may be necessary.to insure the proper execution of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 9 lO.O INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, -covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as exhibit "A" · 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least: fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped wi~ by the Code of the City of Boynton Beach, and the r with all requirements of this Code as they pertain to excavating or other construction equipment, the use of which is attend by loud or unusual noise, :he hoursof6:00 P.M. and 7:00 A.M., except by ~ City Manager, and then only in case of emergency. 11.0 12.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein;, if the CONTRACTOR should be adjudged as bankrupt; ifa general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contracts, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the Contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in 10 such notice, take such measures as will, in the judgment of the City Manager, insure_the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stoP work and cease to have any rightto the Upon such termination, the aotice of the CITY'S action 12.1.1 Complete the contract' in accord~ce with its terms and conditions, or 12.1.2 Obtain in acco with its terms and Conditions, SUt contract price; which the of under the ~ of the for t~ in the first amount properly less the 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0 TIME 14.1 OF ESSENCE Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the 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 improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 11 15.0 REMEDY FOR DELAY 15.1 In the-e~ent of any delay in the project caused by any act or omission of the CITY, its agents or employees, 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 act or omission of the CITY, its agents or employees. 15.2 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 by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General' and Special Conditions. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. 12 IN WITNESS WHEREOF, the CITY has caused these presence to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of.' CITY OF BoYNTON BEACH, FLORIDA Attest: City Clerk Approved as to Form: Signed, sealed and witnessed in the presence of: Contractor President or the Vice President State of Florida _ - County of Palm Beach ) ) SS: ) Personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. NotaryPublic ff/ff ~ (~ (~- ~ OFFICIAL NOTARY ~l My Co~'ssion Expires: I ~OL J ~PPIgR ~ N~fARY PUBLIC ~A~ OF F~RIDA[ '~} COMMI~ION NO CC4 ? ~ IY COMM~SION EXP APR. ~,1~ 11/15D6 nc