R94-001RESOLUTION NO. ~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING THE BID FOR CONSTRUCTION OF
RACQUET BALL COURTS AT SARA SIMS PARK, TO
FIVE STARR CONSTRUCTION COMPANY, IN THE
AMOUNT OF $44,226.00; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND FIVE STARR CONSTRUCTION
COMPANY, AND PROVIDING AN EFFECTIVE
DATE.
courtsWHEREAS'at SarabidSsimsWerepark;°~enedand for the construction of racquet ball
WHEREAS, the City Commission of the City of Boynton Beach,
upon recommendation of staff, has deemed it to be in the best
interests of the citizens and residents of the City to award the
bid to FIVE STARR CONSTRUCTION COMPANY as the mo~t responsive and
responsible bidder meeting specs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, hereby awards the bid to FIVE STARR CONSTRUCTION
COMPANY, as the most responsive and responsible bidder meeting
specs, and authorizes and directs the Mayor and City Clerk to
execute a Contract between the City of Boynton Beach and FIVE STARR
CONSTRUCTION COMPANY, which Contract is attached hereto as Exhibit
Section 2. This Resolution shall
upon passage.
PASSED AND ADOPTED this ~ day of
take effect immediately
JANUARY, 1994.
ATTEST:
Cit~ Clerk
CITY OF BOYNTON BEACH, FLORIDA
%~orporate Seal)
SaraSims.Bid
Raq. Cts
12/29/93
Project #
CONTACT
THIS AGREEMENT, made and entered into this 5TH day of
JANUARY~ A.D. 1994, by and between =he CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and FIVE STAR CONSTRUCTION
Florida Corporation ( )
a Florida general partnership ( )
a Florida limited partnership ( )
asole proprietor ( )
hereinafter called "CONTRACTOR".
Check one
WITNESS~'I~
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, ~nd said
Commission having canvassed said bids, has determined that the bid
in the total amount of FOURTY-FOURTHOUSAND~ TWO HUNDREDANDTWENTY
SIX DOLLARSAND 00/t00, submittedbyithe aforementioned CONT~ACTOR
was the best and most desirable bid su]~nitted, and has authorized
the execution of this contract.
NOW, THEREFORE, ~n consideration of these premises and the
mutual conditions and covenants contained herein, the parties agree
as follows:
1.1 The CITy does award the contract to and does hire and
employ the CON'£~ACTOR and the CONTRACTOR does accept the award,
predicated upon the bid of the CONTRACTOR, dated NOVEMBER30~ 1993,
which is hereby incorporated byreference 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 CONSTRUCTION OF RACQETBALL COURTS AT SARA
SIMS PARK, City of Boynton Beach, Florida, all of which are
incorporated herein by reference at such unit prices/or lump sum
prices as specified in CON'£~ACTOR'$ bid totalling $ 44~226.00.
RECREATION & PARKS MEMORANDUM ItC:93-S$$
TO:
FROM:
DA
RE:
.I. Scott Miller, City Manager
John Wildner, Superintendent of Parks ~/
December 29, 1993
Construction of Racquet Ball Courts at Sara sims Park
At the last City Commission meeting, Five Start Constrdction Company was approved to do
the construction of additional racquet bal! courts at Sara Sims Park. Attached ia a contract for
$44,226. Funding for this project will be rehnbursed through the~Commuh~tY Development Block
Grant Program.
Also attached is documentation indicating that Five Starr Construction is in compliance with
City required insurance.
Recommend that the contract be forwarded~to the City Commission fo~ approval.
Attachments
2
2.0SCOPR~SRRY'~C~S
2.1 Contractor further agrees to furnish all materials,
supplies, machines, e~uipment, tools, superintendents, labor,
insurance, and other accessories and Services necessary to complete
Sa£d project in accordance with.theconditions and prices as stated
in the contract conditions, supplemental general conditions and
special conditions of the contract, pIans which include all maps,
plats, blueprints, and other drawings and printed or written
explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
shall
-in strict
every
further tools,
above
and
.~ office
with
hereby
as to the
of the
h may be
Or ;
2.4 ~pt of CITY, to
may appear
receipt of
final shall corrections
of receipt of the
2.5 To c~ply with the provisions of Section 215.19,
Florida~Sta~utes, if applicable.
2.6 TO~¥ promptly, before final settlement, any and all
claims Or lie~s ~in~urred in and about this work. Furnish release
of liens forms from all subcontractors and suppliers of materials.
Forms to be:specif~ed by CITY.
debris,
f~
shall remove and clean u~ all rubbish,
, temporary structures, tools and equipment
and adjacent property that may have
by the Contractor i~ connection with the
such section or portion ~S.c~mpietedand ready
same in a neat and presentable condition.
Payment of monthly or partial es.timates may be withhe, ld~ until this
has been done to the satisfaction of the City Engineer. Final
acceptance and payment for the entire project will not be made
un%il the site is satisfactory to the CITY.
with
he
as
the
streets,
:tures in
[ as
any
of the
of the
material
~any
the care,
and~
OW~
3.0
under this
~he written "Notice
the project within 60
in same.
In the event the
the workspecified and
limit set forth in the
OhS of
the
and
special
every
4
calendar day that the CO~T~ACTOR s~a11 be in default of completion.
The cITY shall have the right to deduct said liquidated damages
from any amount due, or that may become due the CO~T~(ACTOR, or to
collect such liquidated damages from the CONTRACTOR or his Surety.
3.3 COBT~ACTOR shall, as soon as practicable, after signature
of contract, notify City Engineer in writing of names of
for principal parts of work, and for such
may direct, and shall not employ any that
reasonable time, object to as incompetent
or as ~nfit.
4;0 LIQUIDA'r~,m DANAC, ES
further agrees to pay, as liquidated
in Article 5,7 and 8 in the General
begin within ten (10) da~sand failure to
6__0calendar days from the dateof "Notice
5.0,~PROTECTIC~ OF ~n~TSTING FACILITIES
the
all
-the
~and
the
~The~:CONTRACTOR warrants that prices include the protection
of all existing sewers, conduits, drains, pipes,
and other construction e~countered, and
-of any damage done to them duringthe progress
f~om insufficient support thereafter;~also, all
tamping, ram~ing, puddling and consolidating;
of all rubbish and surplus material; also
draining, or unwatering of all excavations,
the work; also the furnishing of all
tools, equipment, materials and supplie~, etc. and
the whole work mentioned in the detailed plans
necessary to give a finished result, and
expense 'incurred in or in consequence of the
of the said work specified and a
with each and every oneof the requirements of
the maintenance of the entire work and
condition and repair until final acceptance.
by
rea:
having
other
when
cont~
CONTRACTOR shall assume ~ull responsibility and
~'protection of all public and.' private property,
sewers, utilities, etc., both above and
or near the site or sites of the work being
, or which are in any manner affected
the work or the transPOrtation of men and
ti~n therewith. The CONTRACTOR Shall give
notice in advance to the departme~t 10f the CITY
property or utilities owned bytheCITyand to
~rs of public or private property or utilities
.affected by the work to be performed under the
Shall make all necessary arrangements with such
department, departments, owner or owners for the removal and
replacement or protection of such property or utitlies.
of
6.I shall £ndemn~fy and save harmless and
its agents, servants, and ~employees from and
orcause of aotion ofwhatsoever kind
~ error, act of
~gents, servants, :formancell
services under this Agreement.
6.2 defend
City, , and
persons or
omission,
, or
teh
shall
~rth_~
distinct~
' is
of any
for
and
8.1 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. Ail such
work shall be executed under the conditions of the original
.Contrac. t. Any =laim for extension of time caused thereby shall be
made,, in writing, at the time such change is ordered.
8.2 orders and adjustments shall be in writing and
Manager or City Commission if required,
1aim for extras will be allowed.
8.3
be and
Contractor and all of his sub~0ntractors shall
familiar with, the following conditions and
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 unforseen 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
NQ-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 Bo!rnton Beach, if
necessary, which authorization will be signed
by the Mayor.
8.3.4
Changes in the work directed in writing by the
CITY's Representative under- the following
procedures shall become a part of the Contract
by a written Change Order.
8.3.5
Information regarding changes in the work
involving claims to the CITY for additional
work, credits, and/or adjustments under the
Contract shall be promptly transmitted in
writing by the General Contractor to the CITY's
Representative with full explanations and
justifications for his consideration in
preparing a Change Order to the Contract.
8.4
The value of any change ordered under the Contract for
extra work and/or any reductions in work rec/uired, shall
be determined under one or more of the following
procedures beforeawritten Chanc3e Order isissued=
, as are
tO
8.4.2
8.4.3
then by a
¥ agreed
; or,
cost
materials,
services
ifteen
local
g
8.4 ·
8.4.3.2
8.4.3.3
exceeded
shall .submit sufficient
data to enable the---
~sity and
of costs and amounts
allow . ability and
proposes.
shall have an accounting
acco~nt~ for such costs' in
accepted
~¥stem shall
f.~r .the identification,
allowable
COSTS.
~cated that the Contract is
State assisted, the
's attention is directed to the
8.4~3.4
8.4.3.5
8.4.3.6
8.4.3.7
8.4.3.8
8
applicable: rules and regulations relative
to cost iPri~ciples which must be used for
the determination and allowability of
costs under'grant.
In no case shai1 fringe benefit costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
In no case shall the Contractor and
subcon~ractors~ genera1 overhead and
profit in the aggregate exceed fifteen
(15) percent total cost of direct
labor overhead,
material and
direct~ ,him.
Aong the as general
overhead incidental
job burdens, and general
office expenses.
In no case .shall the Co~tractor's cost for
administerlngsubC6n~raC~.~s exceed five (5)
percen~ of the~..~sUbContractors,cost not
including subco~actOrs' profit.
For special equipment,s'and machinery such
as power concrete mixers,
trucks, and other equipment,
required for the performance of
the Contractor shall
receive rental
price for each : of equipment and the
actual time -on the work
provided that price shall not
exceed the by the
Equipment Guide] in the Blue
Book, "Rental i for Construction
Equipment". be daily, weekly
or monthly as
Records of extra. -work done shall be
reviewed at ~end each day by the
Contractor Such daily
records shall between
the work contract and that
done under ~ate
copies of acc~ shall be
made, signed and the
Engineer and one by each.
8.5 Claim of payment for extra work shall be su~itted by the
Contractor upon certified statement supported by receipted
bills. Such statements shall be su3m0itted for the current
Contract paym~n= for~ the .,month in which the work was done. No
claim for extra work shall unless same was
at
9.0 pROJECT ]~IGI~KK~
9.1 The project engineer shall be CAREY MOULTON OF GEE/JENSEN~
9.2 supervision and direction
the extent
"' in special
CITY to act, and in Such
10.0
9.3
10.1
contract
insuranc
all
covered
shall
10.2
insurance
notified
policies~
10.3
preventl
withhis
they per
in the first instance, the
of the contract and the
, he shall side neither With CITY
use his power under the
both.
during the te~m of this
vehicle, and property damage
covering the work contracted and__
and whenever any of the work
CONTRACTOR'S contingent or
;damage insurance. Such insurance¼~
those set forth on the insurance
be documented in a certificate of
CITY of Boynton Beach shall be
.days in advance of cancellation,
Contractor'agrees to furnish
is not acceptable.
l~take all necessary precautions to
unnecessary noise in conjunction
ire. Internal combustion engines
be eq~ippedwith mufflers, as
of Boynton Beach, and the
other requirements of this Code as
No pile driver, excavating or
10
other construction equipment, pneumatic ha~mer, derrick, the use of
which is attended by loud or unusual noise, shall be o~erated
between the hours of 6:~0p.m. andi 7:00 a.m., except by written
permission of the City Manager, an~ then only in case of emergency.
11.0 GUAP,.AIw. I,~ ~ AND
11.1 Ail the work shall be guaranteed to remain in good
condition for one year from date. of acceptance.
12.0 -r~4~INATI0~ OF C0~rr~ACT
by
should be
at
work to beperformedunder the contract is.assigned
provided-for herei-n;, if the CONTRACTOR
as bankrupt; if of his
the benefit of if a receiver
for the CONTRACTOR or~an~.of his property, if
Engineer shall certify in writing to the city
of the the c~ntract is
'willfully
the
the same
~ter~sof the
for
may .be
of¸
(10) days' wrJ
date
the City
:he CONTRACTOR
~ and if the
in the
declare
on
any of the
the
the the
the as
Complete the contract in accordance with its terms and
12.1.2 ob.rain a bid or bids for completing the contract in
accor~ance~with 1ts terms and conditions, and Up~..n~te~ation by
Suret~ CITY of the lowest respo~ib!~i bidder, make
avazlak progresses (even though there:s~6~ldbea default
or a ~s defaults under the contrac~.'6~ c0n%racts or
comple~ under this paragraph) sufficient funds to pay
the cost of completion less the balance of the con~ract price; but
not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first
: term ~ba~lance of ~he-¢ ", as
total ~ · CITY
less
the
13.0
13.1 The
ect contract' between the CIT~ and:the CONTRACTOR
the patties
plans and
~ocuments
work are
the sole
the time
shall be
in
Or--
the
"~'5~3: Ai~i ~equests for. extension Of time
work sha.l~l be made in accordance with the
ConditiOns.
its
process
~rk shall
be held
by
the
Special
.4For~the
~ this section the phrase '%the City,
include buS, shall'not be limited to
~,-and cons~ltin~ engineers,.
12
In WITNESS W-K-EOF, the CITY has caused these presents to 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
executed these presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest:
r
City Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor
.
A/~P/ove~./ ~s to F~rm.
"
City At~orney
Signed, sealed and witnessed
CON'i'~u~.C'i'OR
in the presence of:
~test ~s to Contractor
30RN MIELE
1ALTDR
4/23/90
11
the cost of completion less the balance of the price; but
no~ exceeding, including other costs and for which the
Surety liable ~ amount forth in the first
The term as
uSedin~this.paragraph~ shall meant %~CITY
toCONTRACTOR under the Contract less
the amount properly paid by CITY
13.0; - ,~CON,£KACT CORTKOLS
13.1 The CONTRACTOR
shall
In ~ the
shall and
14~:0
=ontrolling.
14.1 Inasmuch as the provis~ hereof, and of the plans and
herein, and the other contrac= documents
relatii of and completion of the'work are
for~ ~Y to complete the construction
of a with a predetermined
program L] .
15.0
~Pd~m. DY FOR DRY, AY
15.1
any act or omission of the
remedy avai.lable to Contr,
allocated to complete
claimed or awarded
the project caused by an
employees.
In the event any delay in the project caused by
its agents or employees, the sole
shall be by extension of the time
)roject. No monetary damages shall be
ractor in association with any delay in
~t or omission of the CITY, its agents or
15.2 Failure
a request for
cons%itute a waiver
responsible for comp
this Contract.
15.3 Ail r~
work shall be made
Conditions.
the par~ of Contractor to timely process
of time =o complete the work shall
Contractor and Contractor shall be held
the work within the time allocated by
15.4
its agents and
the architect,
for extension of time to complete the
in accordance with the General and Special
of this section the phrase "the City,
shall include but shall not be limited to
ect manager, and consulting engineers.
State of Florida
)ss:
County of Palm Beach )
13
Personally appeared before me duly authorized to administer oaths
to me known to be the personM de~6ribed herein and who executed the
foregoing instrument and have acknowledged before me and they have
executed same.
No/t,~r ~/ Public
My Commission Expires:
ALTDR
4/23/90
, ~ A IdlsT ,~4~I¢~ II.VicKS (33,
O&'ll/q'J
05/05/93