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R09-095 20 21 22 23 24 25 26 27 28 29 1\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. R09-0'l(' A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD AND EXECUTION BY THE CITY MANAGER AND CITY CLERK OF A CONTRACT TO PALM BEACH MARINE CONSTRUCTION, INC., FOR BID #053-2730- 09/JA, FOR "CONSTRUCTION OF THE JAYCEE PARK BOARDWALK", IN THE AMOUNT OF $210,000.00 WITH AN OWNER'S CONTINGENCY OF 10% IN THE AMOUNT OF $21,000.00 FOR A TOTAL BUDGET APPROPRIATION OF $231,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 24, 2009, Procurement Services opened and tabulated ten (10) 17 bids in response to #053-2730-09/JA for "Construction of the Jaycee Park Boardwalk"; and 18 WHEREAS, copies of the bid proposals were submitted to the Parks Department for 19 review and evaluation. It has been determined appropriate by staff to recommend award of this contract to Palm Beach Marine Construction, Inc., of West Palm Beach, Florida who was the lowest, most responsive, responsible bidder who met all qualifications; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award and authorize execution of a contract to Palm Beach Marine Construction, Inc., for Bid#053-2730-09/JA, in the amount of $210,000.00 with a 10% owner's contingency of$21,000.00 for a total budget appropriation of$231,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. S:ICAIRESOlAgreementslBid AwardslAward Contract to Palm Beach Marine Jaycee Brdwalk.doc II 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby authorize and direct the approval and execution by the City Manager and City Clerk 3 i of a contract with Palm Beach Marine Construction, Inc., for Bid#053-2730-09/JA, in the 4 amount of $210,000.00 with a 10% owner's contingency of $21,000.00 for a total budget 5 appropriation of$231,000.00, a copy of which is attached hereto as Exhibit "A". 6 Section 3. This Resolution shall become effective immediately upon passage. or 7 PASSED AND ADOPTED this ~ day of July, 2009. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 29 30 31 32 33 34 35 ( commiioner - ~_nald c:;:r- "" ."'" 'tn. p~ S:\CAIRESOlAgreementslBid AwardslAward Contract to Palm Beach Marine Jaycee Brdwalk.doc ~{Tf-9S- BID TITLE:CONSTRUCTION OF THE JAYCEE PARK BOARDWALK BID NUMBER: 053-2730-09/JA PROJECT NUMBER:CP 0513 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 21st day of Julv, 2009, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and Palm Beach Marine Inc. a Florida Corporation LX~ Check One a Florida General Partnership <---J a Florida Limited Partnership <---J a Sole Proprietor <---J hereinafter called "CONTRACTOR". 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 THE JAYCEE PARK BOARDWALK WHEREAS, The Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 24th day of June, 2009, for the total bid amount of $210.000.00. WHEREAS, On the 21st day of Julv, 2009, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution ofthis Agreement. WHERAS, The Parties agree that the Project is scheduled to be completed within 90 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - 1 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 for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, 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) 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 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 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, 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. Guarantee all work and materials for a period of one (1) year. Upon receipt of written notification from the CITY, CONTRACTOR shall 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. 3.1.5. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of 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 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. 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. C - 3 3.1.9. Perform such other tasks as set forth in the Contract Documents. 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 any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 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. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the CITY and to fully complete the project by October 31,2009. 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 Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 herein below for each and every calendar day that the CONTRACTOR shall be in default of 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 as unfit. C-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $ 500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work by October 01, 2009. 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. 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 General Conditions for Construction (GC-44, GC-45, and GC-46). 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 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 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 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 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 C- 5 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 performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. 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 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-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 statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the 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. 10.4 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field change Directive or Change Order. 11. PROJECT ENGINEER 11.1. The Project Engineers ("Engineers") are Cristobal Betancourt and Jason Hanchuk. 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 C-6 authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution ofthe 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, Jodv Rivers. Parks Superintendent 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-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 master 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 of the Contract. 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 of materials, the sole remedy available to CONTRACTOR shall be by extension ofthe time allocated to complete the project. C-7 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. CONTRACTOR hereby acknowledges that' read and understands the above provision. INTIALS 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 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 Construction (GC 24) 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-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. c- 8 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its 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. Signed, sealed and witnessed NTON BEACH, FLORIDA in the presence of: "?O/yy?~~~ .P~ City Clerk Signed, sealed and witnessed inthe~~ 'ILrL Dl ' ~~ CPp~ State of Florida ) ) ss: County of Palm Beach ) On this cinl/h day of ~~ ' 20tll, personally appeared before me, duly authorized to administer oaths 'd'4f/1U' CltI~(/idtJ 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. ~~~dt~ N ary PublIc My Commission Expires: Jf' !'I.t.f//.;J.. :............................................. : LYNNE BACCHIOCHI : . ~\,\\nIlJ~ Cornm# . : $~'1 "e+.'" DD0778882 : : iR~~ : S ~~ ~:.J Expires 411412012 i . 'i!'J'p,f,t\:. ~ Florida Nota . : ~/1Ui\"~ ry AaIn.t Inc : ,........... ...... ...... ..... ............... ... C-9 erk's Office ON BEACH BL VO ACH FL 33435 -6060 742-6090 e-mail: prainitoj@ci.boynton-beach.f1.us www.boynton-beach.org Beach The City 0 MEMORANDUM TO: Carol Doppler Purchasing Agent FROM: Janet M. Prainito, CMC City Clerk DATE: July 22, 2009 SUBJECT: R09-094 Agreement for Cleaning and Evaluating Storm and Sanitary Lines and Structures Attached for your handling is the original agreement mentioned above and a copy of the Resolution. Once the document has been executed, please return the original document to the City Clerk's Office for further processing. Thank you. ~Yn.~ Attachments (2) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-094.doc America IS Gateway to the Gulfstream The of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org MEMORANDUM TO: Janet Allen Purchasing FROM: Janet M. Prainito, CMC City Clerk DATE: July 21, 2009 SUBJECT: R09-095 Construction of the Jaycee Park Boardwalk 053-2730- 09/ JA Attached for your handling is the original agreement mentioned above and a copy of the Resolution. Once the document has been executed, please return the original document to the City Clerk's Office for further processing. Thank you. ~ 'In. p~ Attachments (2) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2009\,Janet Allen R09-095.doc America's Gateway to the Gulfstream