R96-056RESOLUTION NO. R96-,~'
^ RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA; APPROVING
THE AWARD OF ^ BID FOR SITE IMPROVEMENTS
TO THE ROLLING GREEN MUNICIPAL COMPLEX;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETVVEEN
THE CITY OF BOYNTON BEACH AND SULLIVAN
BROTHERS, INC., AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, bids were received for the paving, drainage, water line and fire
hydrant installation to the Rolling Green Municipal Complex ("old" water treatment
site), (Bid No. 030-190-96NSMG) on the 3rd day of April, 1996; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, has deemed it to be in the best interests of the citizens
and residents of the City of Boynton Beach, Florida to award the bid to Sullivan
Brothers, Inc., as the most responsive and responsible bidder meeting specs.
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 site improvements to the Rolling Green
Municipal Complex to Sullivan Brothers, Inc., and authorizes and directs the Mayor
and City Clerk to execute a Contract between the City of Boynton Beach and
Sullivan Brothers, Inc., a copy of which is attached hereto as Exhibit "A".
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this /~ day of ~ , 1996.
ATTEST:
CITY Of BOYN'[ON~.CH,.FLORIDA
Commis~sioner
~ Commissioner
15.2 Failure on the part of Contractor to timely process
r~~ 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 Ail 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.
IN WITNESS WHEREOF, the CITY has caused these presents 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
presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest:
City Clerk
CITY OF BOYNTON BEACH, FLORIDA
to
City A~torney
12
Bid NO~030- 190-96/VSMG
CONTRACT
THIS AGREEMENT, made and entered into this
day of
· A.D. 19 , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and
SULLIVAN BROTHERS. INC.
Florida Corporation ( X )
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, has determined that the bid
in the total amount of FIFTY-EIGHT THOUSAND FIVE HUNDRED FIFTY
DOLLARS AND 00/100 ($58,550.00) 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 MARCH 26. 1996,
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 ROLLING GRRRN MUNICIPAL COMPLEX City of
Boynton Beach· Florida, all of which are incorporat.ed herein by
reference at such unit priCes/or lump sum prices as specified in
CONTRACTOR'S bid totalling FIFTY-EIGHT THOUSAND FIVE HUNDRED FIFTY
DOLLA~ AND 00/100 (.58.550.00).
2.0 SCOPE OF SERVICES
2.1 Contractor 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 ces as stated
in the contract conditions, isupp~ and
s maps,
expl. anatory
documents and specifi
the project.
2.2 Ail the
shall be performed,
strict conformity with
contractor accepts and
plans and specificatior
requirement and Stipulati
the party contracting to
under
to be per
in
and
said
Levery
rmed by
2.3
equipment, materials and
mentioned in a first-class
in conformity with the det~
of the City Engineer of
the specifications,
referred to and
satisfaction of the
said CITY, and in
given by the said City
at and for the prices
THE CONTRACTOR! further agrees to furnish all tools,
to do all the work above
~dworkmanlikemanner, and
work on file in the office
.y in th
lans
ct, as as to the
~ City:Eng f the
be
authorized representa% ,
et forth.
2.4 Upon receipt
correct any defective or
within one (1) year after
final payment. Cont
within ten (10) days of re,
2.5 To comply with
Statutes, if applicable.
notification from the CITY, to
materials which may appear
the contract .pt of
neces~ tions
~ten notice.
sions or'SeCtion 215.19, Florida
2.6 To pay
claims or liens
of liens forms from
Forms to be specified
)re
tlement, any and all
rk. Furnish release
of materials.
2
2.7 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 withheld 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.
2.8 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 him-self, 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
the project. The right of general supez-vision of the CITY as
provided under "authority of the engineer" shall not
an agent or employee of the CITY, but the
~hall 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 structures 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 materials found not meeting the requirements of the
specifications hall be removed by or at the expense of the
contractor and good and satisfactory workmanship or material
substituted therefor. All settlement, defects or damage upon any
part of the work shall be remedied{ and made good by the contractor.
2.11 The CONTRACTOR will be held responsible for the care,
~rotection and~Condition of all work until final completion and
cceptanCe~thereof, and will be required to make good at his own
cost any damage Or injury occurring from any cause.
3.0 COMM~NC~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 90
calendar days following the commencement date as specified in same.
3
3.2 Time is the essence of the contract. In the event the
CONTRACTOR shall fail in of the work specified and
required to be le time limit set forth in the
contract, after due a any extension o of
time made in~accordance~wi the
and
from any
es
to
.rety.
3.3
of co~
subcon~
others
CONTRACTOR shall,~as
notify City
of
such
Lat
4.0 LIQUIDATEDDAMAGES
4.1 The CONTRACTOR further agrees to pay
for failure to within
liquidated
"Notice or failure .ere
the commencement :e to
written to Proceed".
per'day as
of
the
5.0 PROTECTION OF EXISTING FACILITIES
5.1 TheCONTRACTOR warrants that prices include the protection
and continuous use of all existing sewers, conduits, drains, pipes,
buildings;
the prompt
of the
filling,
the remora
all pumping,
incidental the execution of the work; also ~ing of all
necessary~ tools, equipment, materials etc. and
the of the whole, work mentioned plans
and ions necessary to give a esult, and
including all expense incurred in or in ce of the
suspension or discontinuance of the said and a
faithful e with each and every one of of
the contract for the maintenance of .re work and
construction in good condition and repair until 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 will 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 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.
6.2 Contractor shall indemnify and save harmless and defend
City, its agents, servants, and employees from and against any and
all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, damages, costs, expenses, and fees
(including~WithoUt limitation reasonable attorney's and 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
employees arising from this contract or its performance. The
contractor and the City hereby agree and covenant that the
Contractor has inCorporated in its original bid, which constitutes
the contract suml payable by the City to the Contractor, specific
additional consideration sufficient to support this obligation of
indemnification provided for in this paragraph. It is the City's
and Contractor's full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida
Statute 725.06.
6.3 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 Article' A herein. However, the indemnification provision,
and the insurance provision contained in this Contract are not
interdependent of each other, each one is separate and distinct
from the other.
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
ect t¢
and
d
8.0
CHANGES:IN'THE WORK
8. . without invalidating the Contract~
extra work ~ring, to
the work ~ontract being adj ~
work shall be executed under the conditions.
Contract. Any claim for extension of time cause
made, in writing, at the time such change is ordered,
such
.1 be
Ail change orders and adjustments shall be in writing and
the City Manager or City Commission. if required,
claim for extras will be allowed.
8.3 The General Contractor and all of his subcontractors shall
be apprised of, and familiar with, the following conditions and
procedures governing extra work under the COntract:
8.3.1
Any change order has to be recommended by the
City Manager and officially approved by the
City Commission before any steps are taken to
implement the change order.
8.3.2
8.3.3
8.3.4
Should the Contractor or any of his
subcontractors commence with~ his work without
making a claim in writing for unforeseen extra
work he encounters, it w~ll be construed as an
acceptance and agreement by him that any such
work is required under the contract and no
future claim for such extras Will. be considered
or allowed by the CITY.
No claim for extra work will be allowed unless
and until authority for same by written Change
Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if
necessary, which authorization will be signed
by the Mayor.
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.
8.4
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
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 of 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
8.4.2
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,
8.4.3
By cost reimbursement which is the actual cost
for labor, direct overhead, materials,
supplmes, equipment and other services
necessary to complete the work plus fifteen
(15) percent to cover the cost of general
overhead and p~ofit. 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 an~ of profit
shall be agreSd 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 allow ability and
eligibility of costs proposes.
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
8.4.3.6
8.4.3.7
The Contractor shall have an accounting
system, which accounts for such costs in
accordance with generally accepted
accounting This system shall
provide for the tification,
ation of allowable
and unaIlo~ Order costs.
Where it zs
C
the del
costs un(
that the Contract is
the
ected to the
°ns relative
ich ~must be used for
and allowability of
In
per,cent of
benefit costs on
exceed forty (40)
labor costs.
In noc
Subcont
profit
(15) percent
Among
office expens,
Contractor and
~neral overhead and
'ate exceed fifteen
total cost of direct
!its, direct overhead,
ies, equipment and
supplied by him.
considered as general
insurance,incidental
~rvision and general
In no case
administ~
pE
including
Contractor's cost for
~tracts exceed five (5)
:ontractor's cost not
tractors' profit.
For spi~
as power I~
trucks~,
required fl
the autho
receive
price ~for!
actual ti
provided
exceed the
Equipment
Book,
Equipment".
~t and machinery such
s, concrete mixers,
or other equipment,
performance of
the Contractor shall
on the agreed rental
~ of equipment and the
i~ts use on the work
the rental price shall not
rates published by the
Book Company in the Blue
Rates for Construction
Rate shall be daily, weekly
or monthly as appropriate.
8
8.4.3.8
Records of extra work done shall be
reviewed at the end of each day by the
Contractor and the Engineer. Such daily
records shall clearly distin~aish between
the work done under the contract and that
done under the Change Order. Duplicate
copies of accepted daily records shall be
made, signed !by the Contractor and the
Engineer and one copy retained bY each.
8.5 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 the same was
ordered, in writing, as aforesaid, and the claim presented at
the time of the first estimate after the work is completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be:
BILL DEBECK
FACILITIES MANAGER
9.2
The Engineer shall have general supervision and direction
of the work. He is the agent of 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 p r o p e r
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.
10.0 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 in connection herewith, and whenever any of the work
covered in the contract is to be sublet, CONTRACTOR'S contingent or
protective liability and property damage insurance. Such insurance
shall provide l~imits 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.
P~
wh~
.e Code of' the
1 necessary precautions to
noise in conjunction
%es
as
and the
as
or
of
ten
i1.0 GUARANTEE ANDWARRANTIES
11.1 Ail the work shall be guaranteed to remain in good
condition for one year from date of acceptance.
12.0 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; if a 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
contract, plans :ations, or that he is executing the same
in bad faith or not in accordance with the terms of the
contract; if thework be not fully completed within the time named
for its completion or withinthe time to which such completion date
may be extended; or if other just causes exist, then 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 such notice, take such measures as will, in the
judgement Of 'Manager, insure the satisfactory performance
of the work, the C~ Commission and. the City Manager may declare
on the effective.date specified in such
subsequent thereto. In the event of such
~r shall notify the :CONTRACTOR and
SuI Lll immediately respect such notice and
stop work and have any right to the possession of the
ground and shall forfeit his contract.
10
Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY'S action and the Surety shall
within ten (10) days of' receipt of said notice remedy the default
or the surety shall as expeditiously as possible:
12.1.1 Complete the contract in accordance with its terms and
conditions, or
12.1.2 Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon determination by
Surety and the CITY of the lowest responsible bidder, make
available as work progresses (even: though there should be a default
or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract price; but
not exceeding, including other costs and damaqes for which the
Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price", as
used in this paragraph, shall mean. the total amount payable by CITY
to CONTRACTOR un:der the COntract and any amendments thereto, less
the amount properly paid by CITY ~to CONTRACTOR.
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 OF ESSENCE
14.1 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.
15.0
RBMBDY 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, the sole
remedy available to Contractor shall be by extension of the time
allocated to complete the project. No monetary damages shall be
claimed or awarded to Contractor in association with any delay in
the project caused by an act or omission of the CITY, its agents or
employees.
11
15.2 Failure on the part of Contractor to timely process
a request for an extens~ion of time to complete the Work shall
constitute a .waiver by ~hall be held
responsible for comp!eting the time allocated by
this Contract.
15.3 Ail requests for extension of time
work shall be made in accordance with the
Conditions.
the
Lal
15.4
its
the architE
phrase
City,
to
IN WITNESS WHEREOF, the CITY has caused these
signed by its Mayor, attested by the City Clerk
Seal of the said CITY and the :CONTRACTOR
presents the day and year herein before written.
to be
)orate
these
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Attest:
Approved as to Form:
City Clerk
City Attorney
12
Signed, sealed and witnessed
CONTRACTOR
in the presence of:
President or Vice President
Attest as to Contractor
STATE OF FLORIDA
)SS:
COUNTY OF PALM BEACH )
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.
Notary Public
My Commission Expires:
13