R10-007
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1 RESOLUTION NO. RlO- 007
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3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE AWARD AND
5 EXECUTION BY THE CITY MANAGER AND CITY
6 CLERK OF A CONTRACT TO PALM BEACH
7 MARINE CONSTRUCTION, INC., FOR BID #002-2730-
8 10/CJD, FOR "OCEANFRONT PARK BOARDWALK
9 REPLACEMENT", IN THE AMOUNT OF $1,281,262.00
10 WITH AN OWNER'S CONTINGENCY OF 10% IN THE
11 AMOUNT OF $128,126.00 FOR A TOTAL BUDGET
12 APPROPRIATION OF $1,409,388.00; AND PROVIDING
13 AN EFFECTIVE DATE.
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~~ WHEREAS, on December 8, 2009, Procurement Services received and opened
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1~ sixteen (16) bid proposals in response to #002-2730-10/CJD for "Oceanfront Park
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Boardwalk Replacement"; and
1 WHEREAS, the City's consultant, Miller Legg Design and staff reviewed the bid
2 proposals and recommend awarding the contract to Palm Beach Marine Construction, Inc.,
21 of West Palm Beach, Florida who was the lowest, most responsive, responsible bidder who
2 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 #002-2730-10/CJD "Oceanfront Park Boardwalk Replacement", I
in the amount of $1,281,262.00 with an owner's contingency of 10% in the amount of I
i $128,126.00 for a total budget appropriation of$I,409,388.00. I
9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
it THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4 Section 2. The City Commission of the City of Boynton Beach, Florida does
5 hereby authorize and direct the approval and execution by the City Manager and City Clerk
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b of a contract with Palm Beach Marine Construction, Inc., for Bid#002-2730-10/CJD
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~ "Oceanfront Park Boardwalk Replacement", in the amount of $1,281,262.00 with an
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~ owner's contingency of 10% in the amount of $128,126.00 for a total budget appropriation I
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~ of$1,409,388.00, a copy of which is attached hereto as Exhibit "A".
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1~ Section 3. This Resolution shall become effective immediately upon passage.
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111 PASSED AND ADOPTED this ~ day of January, 2010.
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Commissioner - Marlene Ross
ATTEST:
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BID TITLE: OCEANFRONT PARK REPLACEMENT OF BOARDWALK
BID NUMBER:002-2730-10/CJD
PROJECT NUMBER: CP0429
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 12th day of January 2010
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by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the "CITY" or "OWNER" and Palm Beacb Marine Construction. Inc.
a Florida Corporation ( X ) Check One
a Florida General Partnership l-.-J
a Florida Limited Partnership l-.-J
a Sole Proprietor l~
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: OCEANFRONT PARK BOARDWALK REPLACEMENT
NAME OF BID
WHEREAS, Contractor, in compliance with the bidding requirements announced
by the City, submitted a bid on the 8th day of December. 2009. for the total bid amount of
$1.281.262.00.
WHEREAS, On the 5th day of Januarv. 2009, 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 336 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 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 nwnbers
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.
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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.
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 336 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.
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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.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay 53.500.00 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 336 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, anellor 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,
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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 ansmg 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 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
DIRECTIVES/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
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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 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 Miller Leee.
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 to 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 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.
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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 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.
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 LIMIT A TION.
CONTRAC~Y acknowledges that he has read and understands the above
provision. ' v
IN. tALS
15.3, Fait6re 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
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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.
Signed, sealed and witnessed TON BEACH, FLORIDA
in the presence of:
City Manager
Form:
Signed, sealed and witnessed
in the prese
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State of Florida )
) sis:
County of Palm Beach )
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, 20~, personally appeared before me, duly
oaths, Cebrone Atkins
p~ns described herein or who has produced
nau as identification and who executed the foregoing
ledged before me that they have e cuted same.
My Commission Expires:
.;10."::.... GINA M. PEREZ
1ii MY ",",,"ION "" """'
~ : i EXPIRES: November 24, 2011
'~Rr.' .' Bonded Thru Nolary Pub~ UndIlWI'il8fS
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