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R95-056RESOLUTION NO. R95-~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR PHASE III OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT IN SUBAREA NO. 1 TO ROSSO PAVING AND DRAINAGE IN THE AMOUNT OF $54,562.00; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND ROSSO PAVING AND DRAINAGE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for Phase III of the CDBG project in Sub Area No. 1, Bid No. 027-392-95/VSMG; 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 ROSSO PAVING AND DRAINAGE, 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= ~ The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for Phase III of the CDBG project in Sub Area No. 1, and authorizes and directs the Mayor and City Clerk execute a Contract between the City of Boynton Beach and ROSSO PAVING AND DRAINAGE, a copy of which is attached hereto as Exhibit "A". ~ That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~/ day of April, 1995. CITY OF BOYNTON BEACH, FLORIDA ~ Mayor / Vice Mayor ATTEST: City Clerk (Corporate Seal Mayor Pro Tern Auth~ig.dou CDBG.Phase III f 16 CT AVE AVE Rd YR C 1',~,'¢, n I lall ,~VE · .I nty nton Public Beach ENGINEERING MEMO #95-093 BIDS A Purchasing Engineering Recreation DATE: MARCH 30, 1995 TO: CARRIE PARKER, C.M. FROM: KEN HALL, ENG, AIDE{ ~-~ SUBJECT: COMM. DEV. BLOCK GRANT - SUB AREA #1 - PHASE 3 - BID AWARD. BACKGROUND The city has successfully completed the first two phases of the subject block grant (C.D.B.G.) program and phase three will complete the construction and development of the subject area. The area of development includes N.E; 11 th, 12th, and 13th Aves. between Seacrest Blvd. and RailrOad Ave.( which parallels the West side of the F.E.C. (Florida East Coast) railroad right of way) and encompasses approximately a nine block area. The grant money has allowed the city to construct new roadways, sidewalks, private driveWays, stormwater drainage, water and sewer lines, landscaping (treescape), and traffi~ control signage and markings. It has, in our opinion, created a greater pride of t~Wncrship for the residents of the area even more than before the project was started. This last phase will address the paving, and some drainage of the remaining portion of Railroad Ave. and completion of the landscaping along 1 lth, 12th and 13th Aves with live oaks and palms. The grant amount from P.B. Co. Housing and Community Development Agency (H.C.D) is one hundred and thirty thousand dollars ($130,000.00). RECOMMENDATION Attached is the recommendation of our consulting engineers, based on the two bids submitted for the project. Engineering concurs with their recommendation and feels it is in the best interests of the city to award the bid to Rosso Paving and Drainage Inc. to construct the remaining portion of Railroad Ave. We also concur that the city should invite R.F~Ps. (request for proposals) for the landscaping p°rtion of the bid which has the approval of the H,C.D. agency subject to inclusion of their specific documentation required for grant projects. By copy of this memo, we have asked the city attorney's office to prepare the necessary resolution for commission approval. Also by copy of this memorandum, we have made our recommendation to the purchasing department. F.Y.I.: If the city is able to complete the project below the available grant funds, the city may be able to utilize any unspent portion to provide additional curbing along Railroad Ave. and/or apply it to the further development of the C-16 linear park project. C: William Hukilk Dev. Dir.* Wilfred Hawkins, Asst. to C.M.* Rosemafie Lamanna, paralegal* Kevin Hallihan, Forester * W. Richard Staudinger.. P.E. * Surrender Sharma, H.C.D.* Lana Koester, Purch. agent · memo & engineer's rec. Attachments: KRH/krh cdbg3.bid Location map Consulting engineer's recommendation work program narrative bid tabulation sheet bid documents - partial (2) purchasing dept. speed letter ~7~-~ Pro ject ~ 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 ROSSO PAVING & DRAINAGE 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-FOUR THOUSAND FIVE HUNDP. ED SIXTY-TWO DOLLARS AND 00/100 ($54,562.00), 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: 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 Februa~ 23, 1995, 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 the COMMUNITY DEVELOPMENT BLOCK GRANT SUB AREA NO. i IMPROVEMENTS PHASE III - BID NO.#027-392-95/VSMG, 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 totalling FIFTY-FOUR THOUSAND FIVE HUNDRED SIXTY- TWO DOLLARS AND 00/100 ($54,562.00). 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 · as stated and all maps, special written plats, t contract documents and s 2.2 Ail the shall be performed, and all o~ strict conformity with contractoraccepts and consents' plans and specifications requirement and stipulation n the party contracting to do said work. 2.3 equipment, materials and su mentioned in a first-class, in conformity with the deta of the City Engineer of the the specifications, general referred to and made a satisfaction of the said CITY, and in stric given by the said City at and for the prices THE CONTRACTOR furtl this contract furnis all be, in , and ~aid every ined by agrees to furnish all tools, and to do all the work above , and ~rk on . the office ~rictly in 'dance with and plans wh~ ~ hereby ~ract, to the le tf the direct, be S authorized set"forth. 2.4 Upon receipt tification from the CITY, to or materials wh~ich may appear correct any defective or 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. 2.5 To comply with the provisions of Section 215.19, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work, Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be specified by CITY. 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 [y as such section or portion is completed and ready for use ng the same in a neat and presentable cOndition. nthly or partial estimates may be Withheld until this n done to the satisfaction of the City Engineer~ Final acc~ ~ and for the entire project will not be made u s factory to the CITY. the the C~ ~11 at all times observe and comply with r, Ordinances, codes and regulations of Beach, Florida. 2.9 letion of the work, the City Engineer shall sat y examination and test, that the work has been ~ful accordance with the plans, specifications and co When the City Engineer is so satisfied, he shall ceptance 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 general supervision of the CITY as "authority of the engineer" shall not an agent or employee of the CITY, but the all ti~es, and in all respects have the rights n independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structures in  nyway connected with the performance of the contract, the work as whole shall be inspected by the City Engineer, and- any workmanship or materials found nor meeting the requirements of the sPecifications all be removed bY or at the expense of the ~ontractor od and satisfactory workmanship or material substitut, ~or. All settlement, defects or damage upon any part of the work all be remedied and made good by the contractor. 2.11 The CONTRACTOR will be held responsible for the care, protection condition of all work until final completion and cceptance ereof, and will be required to make good at his own coSt any damage or injurY occurring from any cause. ~. 0 COMMI~NC~NT OF WORK 3~1 Contractor hereby agrees to commence work under this gontract o~ or before a date to be specified in the written "Notice ~o PrOceed of the CITY and to fully complete the project within 10 Calendar Days following the commencement date as specified in same. 3.2 Time is the essence of the contract. CONTRACTOR shall fail in the performance of pt 1 the time ] :ontract '..any In the event the work specified and set forth in the ~ns of the The~, 'CO 3.3 CONTRACTOR shall, of archi Lln a or as unfit. as practicabl ture such tent 4.0 LIQUIDATED DAMAGES 'notice written ~OR for failure to be or failure the to Proceed". as of .n 120 .n the 5.0 PROTECTION OF EXISTING FACILITIES 5.1 and con buildinc. the of wor fill the all in cidental necessary CONTRACTOR warrants that prices include the protection use of ~ 11 existing sewers, conduits, drains, pipes, Ies, and o~'her construction encountered, and done to them during the progress draining, or unwatering, of all. eXcavations, of the work; also the furnishing of all tools, equ and ies, etc. and the p .the who plans and specifications, necessary to give a finished result, and including all expense incurred in or in co] fi the suspenszon or discontinuance of the said work s . and a faithfiul compliance with each and every one of the irements of the contract and for the maintenance of the work and construction in goOd condition and repair until fin~ 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 of the work or the transportation of men and 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, andl shall make all necessary arrangements with such departments, owner or owners for the removal and rE t 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 sum payable by the City to the Contractor, specific ~dditiOnal 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 ~nforceable 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 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. 5 6.4 The obligation of the Contractor to indemnify the City is not subject to any offset, limita%ion or defense as a~result of any insurance proceeds available to either the City or the Contractor. 7.0 PAYMENT By CITY 7.1: ees to pay the CONTRACTOR the contract, . ct deductions as provided in the specif to for and 8.0~ CF~%NOES IN,THE WORK 8~1 The: CI~TY, 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. Ail 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. 8.2 Ail change orders and adjustments shall be in writing and approved by the. City Manager or if required, otherwise, no claim for extras.will 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 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 will 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. 8.3.3 8.3.4 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 Commi~sion 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. 6 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 prieparlng 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, 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 alloW ability and eligibility of costs proposes. 7 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 principles. This system shall provide for the identifiCation, of allowable and Order costs'. Where fe Cont appl: to c¢ the or that the Contract is State assisted, the is directed to the regulations relative must be used for and allowability of costs under grant. In no case shall fringe benefit costs on direct labor costs exceed forty (40) percentlof direct labor costs. 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 directlyrelat services supplied by him. Along with the considered as general overhead are bonds, insurance,incidental job burdens, supervision and general office expenses. In no case shall the Contractor's cost for administering subcontracts exceed five (5) percent of the subcontractor's cost not including subcontractors' profit. For speCial equipment and machinery such as power driven pumps, concrete mixers, trucks,· and tractors, or other equipment, required for the economical performance of the authorized work, the Contractor shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 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 distinguish 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 writingl as aforesaid and the claim presented at the time of the first estimate after the work is completedl 9.0 PROJECT ENGINEER 9.1 The project engineer shall be GEE & JENSON 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 Dhe 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 limits no= less than those set forth on the insurance requirement schedule attached as Exhibit "A ". 9 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CZTY 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. ot wh 10.:3 ~essary :precautions to ' noise ~n conjUncti°n rnal nes :hall be equipped wj as the Code of the City of Boynton Beach, an( the a's ~.:No: ng or pneumat use of .oud :ated 6:00 written ,~Manager, and then onl~ 11.0 ~UARANTEE AND WARRANTIES' 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 wor~k to be performed under the contract is assigned by theCONT~ACTOR 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 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, 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 the City Manager, insure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract t!erminated on the effective date specified in such notice, or an~ date subsequent thereto. In the event of such termination, ~he City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work .and cease to 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 theicontract price; but not exceed~ ~, including other costs and damages for whiCh the hereunder, the amount set forth in the first pa ~eof. The term ".balance of the contract price", as used in this paragraph, shall mean the total amount payable by CiTY to CONTRACTOR under 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 REI~EDY 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 extension of time to complete the 1i constitute a waiver COntractor and Contract held the Work within the time allocated by this Contract. 15~3 All requests for extension of time to work shall be made in accordance with the General Conditions. the 15.4 For the purpose of this secti.on the "the City, include but shall limited to ~, and consulting engineers. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by ~or and City Man attested :he Ci Clerk With the Seal of the CITY and the )R has executed ti ~sents the year herein bt tten. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Mayor 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 12 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