R09-073
" I
1 'I RESOLUTION NO. R09- 073
2
3 A RESOLUTION OF THE CITY COMMISSI OF
4 THE CITY OF BOYNTON BEACH, F ORIDA,
5 APPROVING AND AUTHORIZING E CITY
6 MANAGER TO EXECUTE A CON CT WITH
7 OCEAN GATE GENERAL CONTRAC ORS, INC., FOR
8 CONSTRUCTION OF CONGRESS ENUE BARRIER
9 FREE PLAYGROUND (BID #0 /2730/09/JA) IN THE
10 AMOUNT OF $1,925,000 PLUS OWNER'S
11 CONTINGENCY OF 100;' IN THE AMOUNT OF
12 $192,500.00 FOR A TAL EXPENDITURE OF
13 2,117,500.00; AND PR IDING AN EFFECTIVE DATE.
14
15
16 9, 2008, the City Commission approved the 7 shortlisted
17 4 -2730-08/JA allowing the seven pre-qualified contractors to bid
18 on the project; and
19 009 Procurement Services received and opened seven
20 (7) proposa that were reviewed with Glattl Jackson, the City's design consultant; and
21 HEREAS, the City Commission 0 City of Boynton Beach upon
22 mmendation of staff, deems it to be in the best i rest of the citizens of the City of
Boynton Beach to approve a contract for Construction of
Playground with Ocean Gate General Contractors, Inc., in the amou of $1 ,925,000.00 plus
an owner's contingency of 10% in the amount of $192,500.00 for a tot
26 $2,117,500.00.
/ 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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S:\CA\RESO\Agreements\Bid Awards\Bid Award - Ocean Gate - Construct Congress Park (Boundless),do!';
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1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirme
2 being true and correct and are hereby made a specific part of this Resolution upo
I hereof
4 Section 2. The City Commission of the City of Boynt Beach, Florida does
5 approve and authorize the City Manager to execut~ontract with Ocean Gate
/
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6 General ntractors, Inc., for Cunstructiun of Congress' A venue Barrier Free Playground
/ ,
7 9/JA) in the amuunt of$!,925,OydOO plus an owner's contingency of 10%
/
8 ,500.00 for a total rnditure of $2,117,500.00, a copy of which is
9 attached hereto as Exhibit ' ". /
10 Section 3. on shall become effective immediately upon passage.
11 PASSED AND AD9I'TED t 's _ day of September, 2009.
12 /
/
13 ITY OF BOYNTON BEACH, FLORIDA
14
15
16 erry Taylor
17 ,
18
19 Vice Mayor- Woodrow L. Hay
20
21
22 Commissioner - Runald Weiland
23
2
5 Commissioner - Jose Rodriguez
26
27
28 Commissioner - Marlene Ross
29 ATTEST:
30 ,
,
31 ~
32 Janet M. Prainitu, CMC
33 City Clerk
34 (Corporate Seal)
2
C\Doo:umenls and SettingslPrainitoJ\Lul.:al Settings\Tempurary lnterm:t FileslOLK l04\Bid A ward - Ocean vat<;: - Construct Congress
Park (BoundJess).doc
Ro'1-073
BID TITLE: CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE
PLAYGROUND
BID NUMBER: 017-2730-09/JA
PROJECT NUMBER: CP0617
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVlCES
THIS CONTRACT, made and entered into this 5th day of May, 2009, by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and OCEAN GATE GENERAL CONTRACTORS. INC.
a Florida Corporation LX-.J Check One
a Florida General Partnership L--.J
a Florida Limited Partnership L--.J
a Sole Proprietor L--.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 CONGRESS A VENUE BARRIER FREE PLAYGROUND
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 11th day of Februarv, 2009, for the total bid amount of$1.925.000.00.
which includes Alternate No. #1 and Alternate No. #2.
WHEREAS, On the 5th day of May, 2009, the City Commission reviewed the bids
submitted and found that the Contractor's bid, in addition to being the lowest bid, was fully
responsive to the bid request. The Commission also found, based on the information contained in
the bid and the background check information obtained by the City staff that the Contractor is
responsible and capable of completing the project.
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 275 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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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.
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, 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 ofthose 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. Technical 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 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. 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 Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS. Comply with the provisions of Section 255.05,
Florida 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 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.
3.1.9. 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
in the Contractor's bid document.
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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 final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
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 275
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 Documents, 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 Substantial 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.
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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 achieve Substantial Completion within 275
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 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
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
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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
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-46, FIELD
CHANGE DIRECTNES/CHANGE ORDERS. 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.
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
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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.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Bruce Hall. Glattinl! Jackson Kercher
Anl!lin 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.
11.2. 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.
11.3. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager, Judv 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-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 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-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 ofthe Contract Document
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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 of the time allocated to
complete the project.
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 he has read and understands the above
provision.
INITIALS
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-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 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
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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.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed CONTRACTOR
in the presence of:
President or Vice President
Attest as to CONTRACTOR
State of Florida )
) sis:
County of Palm Beach )
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
Notary Public
My Commission Expires:
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