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R94-55RESOLUTION NO. R94-,~.4' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR RECONSTRUCTION/REPAIR TO OCEANFRONT PARK BEACH BOARDWALK; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND ROCKLAND CONSTRUCTION COMPANY OF HOLLYWOOD, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for proposals for the Oceanfront Park Boardwalk Renovation to include replacement of the wooden boardwalk and ramps with 100% recycled plastic, as well as other structure improvements, Bid No. 030-722-94/VSMG; and WHEREAS, the City Commission of the City of Boynton Beach, Flodda, 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 Rockland Construction Company of Hollywood, Florida 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, Flodda, hereby approves the award of a bid for the Oceanfront Park Boardwalk Renovation to Rockland Construction Company of Hollywood, Florida and authorizes and directs the Mayor and City Clerk execute a Contract between the City of Boynton Beach and Rockland Construction Company of Hollywood, Florida, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~-- day of Apdl, 1994. A'I-I-EST: Ci~j Clerk (Corporate Seal) CITY O~ BOYNTON BEACH, FLORIDA Mayor beach.res Project # CONTRACT THIS AGREEMENT, made and entered into this ~z/ day of , A.D. 19 ~ , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter call the "CITY and ROCKLAND CONSTRUCTION COMPANY 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 9ommission having canvassed said bids, has determined that the bid · n the total amount of Two Hundred Eiqhty-Nine Thousand Two Hundred Sixty Dollars and 00/100 ($289,260.00), 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: !. 0 AGP~Fa~NT 1.1 The CITY does award the contract ~o and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated March 24, 1994, 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, contracu documents, bond documents, plans and specifications for RECONSTRUCTION/REPAIRS TO OCEANFRONT PARK/ BEACH BOARDWALK 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 $ 289,260.00. 3 and 2.7 The CONTRACTOR shall remove debris, excess material, temporary structures, from streets, aLl~eys~ parkways been usedor wo~rk~d, on by project, promptlyas.such~ec ~for use, leaving the same Payment.of monthly or ha~ been~do~e to the 2.8 tO clean up all rubbish, tools and equipment that have the this Final ~de The CONTRACTOR s~all at ~11 ti~es obserVe and compTy'W~ith regulations of 2.9 Upon completion work, shall · work has been satisfy him-self, ifications and fully completed in accQrdance contract documents. When~the ~ .satisfied, he shall recommend acceptance ~hereof to the City'Manager, Who shall, if he agrees with such recommendation, present· . the final payment application to City ion for acceptthe project. The hereinafter provided~nder make ~he CONTRACTOR an ageo~ oE em~ of vote to formally sio~of the CITY as ~eer" shall not CITY~ but the CONTRACTOR shall at all tim~s, an~ respects have the rights and liabilities of an independen~ 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, 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 occurrlng from any cause. 3.0 COMMENCEMENT OF WORK 3.1 Contractor hereby agrees -to commence work. under ~his 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 l&0 Calendar da¥~ following the commencement date as specified in same. 3.2 Time is the essence of the con%ract. In the event the CONTRACTOR shall 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 timemade i~accordance with prDvisions hereinbefore set forth, the contrac~ documents for each and every 3.3 CONTRACTORshall., as~'sQon~a~;-pra~t!~ah!e, of contract, notify City Engineer in w~itlng subcontractors proposed for principal parts of ~or othe~.s as city kngineer may ~ire~t, and shal~ n~ t ~arch~te~t~aF, within a ~e~sonab~e time, object to as or as~fit~. of such incompetent 4.0 LIqUiDaTeD DAMAGES 4.~ The CONTRACTOR further agrees to pay $ ~0.00 per 4a~ as iliquida~ed damages, for failure to begin within ~en (10) days and ifail~e!tocomplete~ t~ work.within 140 Calen4ar 4ays from the date of "~o~ic~ {o ~roceed . ~5.0 'PROTECTION OF EXISTING FACILI~TIES bui] ~he of ;fi: the ne( ~h~ in¢l% cons TheCONTRACTOR warrants that prices include the protection all existingsewers, conduits, drains, pipes, walks,.bridges, and other construction encountered, and repairing of any. damage done to them during ~he progress insufficient support thereafter, also, all ~, tamping, ramming, puddling and consolidating; 1 of all rubbish and surplus material; also bailing, draining, o:r unwatering of all excavations, ~ the execution o~ the work; also the furnishing of all tools, equipment,, materials and supplies, etc. and of the whole work mentioned in the detailed plans .ns necessary to give a finished result, and 11 expense incurred in or in consequence of the discontinuaDce of the said work specified and a ance wi~ ~ eac~ and every one of the requirements of and fo~ the m~tenance of 'the .~ti.r6. ~0~k ~n~ .... ~ in good condition.and repair until final acceptance. -- 5.2 The CONTRACTOR shall assume full responsibility and se for the protection of all public and private property, etc.,, both fected CITY '' ~'~'~"~'1~ g~- C~W~n~STOR. sh~a~t~ .i~emn~f~ and~ s~v~{ha~:~ss, and defend the CITY, zts agents, se~uagts, ana empt ?;f~om.~an ~a~nst ~nv c~a~., demand, °r caus~ of action 0,~ ,wh~r ~ind or = ' out Of error, om~sslon:~o~~,~ ~ct , of pr Lemp~o~e~s in ~t:h~ ~f~r~ce ~'. 2 defend Cit~, its a. [ities, all fees tO CO Co ~h The ~teh of en ob] pr~ in and the insurance provison contai5ed in t interdel)endent of each other, each one is from the other. shall are not distinc~ 6 6.4 The obliqation of the Contrctor to indemnify the City is no5 subjec~ 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 7.1 The CITY agrees ~o pay =he CONTRACTOR in current funds for the performance of the con=racu, subject to additions and deductions as provided in the specifications. 8.0 CHAN~ES IN THE WORK 8.1 The CITY~ without invalidating the Contract, may order extra work or make changesby altering,~ adding uo or deducting from the work, the contract~ sum being adjusted accordingly. All such work shall be executed under the Conditions of the o~g~nal Contract. Any ct~im for extension 6f time caused thereby shall be made, in writing, at the time such cha~ge is ordered. 8.2 Ail change Orders.and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise,~ no.claim for extras will be allowed. 8.3 The Geaeral 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 ~o 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 unforseen extra work he encounters, it will be construed as an acceptance and agreemen= 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 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. 8.3.4 8.3.5 Changes in the work directed in writing by the CITY'S Representative under the following procedures'shatl become a part of .the Contract by a written Change Order. .' in the work onal work, .ts u~der the Contract transmitted in writing by the General Contractor to the CITY's - .ions and 8.4 The value extra be procedures 8.4.1 if !or shall as are ie cases fifteen and is neer the ~ tO ~hould be 8.4.2 8.4.3 i±~hO.%u~t prices are set forth, then by ~ ~:~i~'~r qni~ prices mutually agreeO .CITY and the Contractor, or, which is the actual cost overhead, materials, and other services lete the work plus fifteen cover the cost of general For all labor and foreman ~ authorized operations, ~11 receive the current local to be agreed upon in writing for each hour said engaged thereon. cost and of profit ~11 not be exceeded the: CITY. 8.4.3.1 8.4.3.2 8.4.3.3 8.4.3.4 8.4.3.5 8.4.3.6 The Contracsor 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. The Contractor shall have an accounting system which accounts for such cos5s in accordance with generally accepted accounting principles. This system shall provide fox the identification, accumu~lation and segregation of allowable and unallowable Change Order costs. Where-it is indicated that the Contract is federally or State assisted, the Contractor's attention is directed to the applicable rules and regulations relative ~o cQst.pr~nciples which must be used for the determination and allowability of costs under grant. In no-.case shatl fringe benefit costs on direct labor costs exceed forty (40) percent of 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, equlpmen~ and directly related services supplied by him. Aong the items considered as general overhead are bonds, ~nsurance,incidental job burdens, supervision and general office expenses. In no case shall the Contractor's cos~ for administeringsubcontracts exceed five (5) percent of the subcontractors'cost not including subcontractors' profit. 8.4.3.7 8.4.3.8 9 For special equipment and machinery such as power driven pumps, concrete mixers, truck, s~ asd tractors, or other equipment, the economical performance of the at tke Contractor shall on the agreed rental price f of equipment and the its use on the work rental price shall not ,lished by the in the Blue J work done shall be end of each day by the the Engineer. Such daily distinguish between contract and that Order. Duplicate records shall be the Contractor and the :~py retained by each. 8.5 Claim of payment fo~ Contractor upon cer{i: bills. Such stateme:n: Contract payment claim for extra wo~ ordered, in writing,i ~ the time of the firs~ 9.0 PROJECT ENGINEER [tra .w 9.1 The project engineer shall ~k~shall be submitted by the :~ht supported by receipted ~:~ilsubmitted for the current L~!i~:hich the work was done. No :'~!~kowed unless the same was ~'i~nd the claim presented at ~r the work is completed. C~ISTOPHER PRUITT Of GEE/JENSON ENGINEERS-- ARCHITECTS-PLANNERS 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 aut~ri%y by CITY~c~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 contracu. 10 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 contract commercial liability; in to the C all maintain during the term of this motor vehicle ~ damage '.th, prosective re( not less.t! attached as Exhibi~ "A", .or Insurance insurance a :e of be notified at least fifteen (15) day 10.3 The CONTRACTOR shall take all necessgry loud, unneces~ with ] used on construction equipment shall be~equi required by ~the ~.Code precautions to in conjunction 5 engines the Which between permission loud or unusual no~se, 6:00p.m.._ and 7:00 a.m., City Manager~, and then only in shall 11.0 G~JAKANTEEANDWARKANTIES 11.1 Ail the work shall be guaranteed to remain ih 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 ~y the CONTRACTOR~other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a .general assignment-of, his asse~s be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if a= any time the Engineer shall certify in writing to the City ~anager tha= 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 11 in bad faith or otherwise not in accordance with the terms of the contract; if the work be no~ fully completed within the time named of the intent to terminate the contract for the CITY and if the contractor shall not, prior to the effective da~e of termination set forth in such notice ~ake such sures as Will, in the rmance conditions, or as ~t in by make ault cts or ~opay the ~ as CITY less to the 13.0 · 13.1 The subject contract between the CITY and the CONTRACTOR all documents executed between the parties In the e~ent the ~ contract shall and s~hall be ling. 12 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 limprovement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omissi0n of the City, its agents or employees, the sole remedy available no Contractor shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed Or awarded :to Contracuor in association with any delay in the project caused.by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of Contractor to timely process a request for an extension of time to complete the work shall constitute a waiver by Contractor and Contractor shall be held responsible for completing the work within the time allocated by this Contract. .15.3 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 non be limited to the architect, project manager, and consulting engineers. 13 In WITNESS WHEREOF, the CITY has caused these presents no be signed by its Mayor and City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has execu=ed 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 Mayor Ap~ve~a s./.t o Form: Signed, sealed and witnessed in the presence of: State of Florida ) ]ss: County of Palm Beach ) CONTRACTOR esiden~/or Vi~ Preside~n~ Attest a~' to Co~ractor -- Personally appeared before me duly authorized =o administer oaths to me known to be hhe persons described herein and who executed the foregoing instrument and have acknowledged before me and executed same. Notary Public My Commission Expires: OFFICIAL SEAL DONNA G. WILLIAMS My Commission Expires ."c". 1~, 1996 Comm. NO, CC 179225 they have 2. Section labor, Principal PUBLIC CONSTRUcTiON ~OND BY THIS 8OND, We Rockla.nd Construction Company as Principal and ~'idelity and Guaranty Insurance Company a corporation, as SureTy, are bound to _C. ity of Boynton Beach, FL herein called Owner, in the sum o ~Two Hundred Eighty-Nin~ Thousa, nd Two Hundred Sixty Dollars and 00~1~U~ ($~9,Z60.UU) ...... ~ ....... for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, 3oin~ly and severally. THE CONDITION OF THI~ BOND is that if Principal: 1. Performs the contract da~ed 19_~__, between Principal and OWner for construction of ReconstrUction/ Repairs to Oceanfront Park/Beach Boardwalk the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and Promptly makes-payments to all claimants, as defined ~n 255.05(1), Florida Statu~es, supplying Principal with materials, or supplies, used directly or indirectly by in the Drosecu~lon of the work provided for the contract; 3. ~ays Ownsr all lossss, damages, expenses, costs, and a~orney.s fees, including appellate proceedings, tha~ Owner sustains because, of a default by Principal under the contract; and 4. ~erforms the guarantee of all work and materials furn:shed under ~he contrac~ for the time specified in the contract, then th~s bond is void; otherwise it remains in full force. Any changes in or Under the contrac~ documents and compliance noncompliance with any formalities connected wlth the con~rac~ PCB '~or the changes do not affect Sur =y s obligation under this bond. DATED ON ., 19 ~ockl~nd Construction Company (Name of Priacipal) The payment provisions of bonds furnished for public work contracts described in subsection (i} shall, regardless of form, be construed and deemed statutory bond provisions, subject to all requirements of subsection (2). 5. In addition to the provisions of chapter 47, any act!on authorized under this section may be brought in the county ~n which the public building or public work is beir~g constructed or repaired. This subsection shall no= apply ko an action instltuted prior to May 17, 1977. 6. All bonds executed pursuant to this section shall make reference to this section by number and shall contain r~ference to ~he notice and time limitation provisions of this section~ 7, In lieu of the bond required by this section, e contractor may file with the state, county, city or other political authorzty an aiterna~ive form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter o~ credit, or a seourity of a type Chap~er 625. Any such alternative form of the same purpose and be sub]ect to the same listed in part II of security shall be for conditions as those PCB P- applicable to the bond required by this secZ~on. The ~et~rm~naz~on of the valum of an alternat~v~ fform off security shall be made by the appropriate sta~e, county, city, or other political subdivision. I I I I ! ! i I PBC 3 '.5 322852~"~ FIDELITY AND GUSTY INS~CE COMPANY POWER OF ATTORNEY NO. 8421 Arthur K. Broder ~ V On,is 3rd dayof December~.%~,~.;.19 93. befo,~,.~'~!;came Robert J. Lamendola . ~c.~ of~id Co~any. ~th ~th ofw~ l~n~ly ~nted,~i~ ~ .ve~ly d~-~ ~, the ~d Robert J. Lamendola ~d P~ ~. Sims ~ w~ m~ ~or Vi~ ~em a~ the A~t ~cm~ of