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
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.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