R14-056 1
1 RESOLUTION NO. R14 -056
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING THE AWARD OF A CONTRACT TO
$ MAN -CON, INCORPORATED FOR THE LAKE BOYNTON
■$ ESTATES UTILITY IMPROVEMENTS PROJECT, BID #030 -2821-
1 14/DJL, IN THE AMOUNT OF $1,513,874.45 PLUS A 10%
$ CONTINGENCY IN THE AMOUNT OF $151,387.45, IF NEEDED,
$ FOR A TOTAL BUDGET APPROPRIATION OF $1,665,261.90;
10 AUTHORIZING THE CITY MANAGER TO EXECUTE THE '
11 CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
1'
1;
1 WHEREAS, on June 4, 2014, Procurement Services received and opened three (3)
1: bid proposals in response to #030 - 2821 -14 /DJL for "Lake Boynton Estates Utility
1 Improvements Project "; and
1 ' WHEREAS, the City's Construction Manager for the project, Mathews Consulting,
1: reviewed the bid proposals and conducted reference checks for the three (3) bidders; and
1 WHEREAS, as a result of the bid evaluation -due diligence performed staff is
410 recommending the award of the contract to Man -Con Incorporated who was the lowest, most
2 responsive, responsible bidder who met all qualifications; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of 1
4 Boynton Beach to award a contract to Man -Con Incorporated for Bid #030 - 2821 -14 /DJL "
, i Lake Boynton Estates Utility Improvements project ", in the amount of $1,513,874.45 with a
26 10% contingency in the amount of $15L387.45 for a total budget appropriation of
i $1,665,261.90.
II
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
\ \apps3 city cbb\ auto \ Data \215 \ Items \206 \3050 \3932 \Reso_ _Award_Contract_to _Man- Con_(Lake_Boynton_Estates) doc
PASSED AND ADOPTED this 1 day of July, 2014.
CITY OF BOYNTON BEACH, FLORIDA
e\yorl;ry T for
111
11 \ iM Mayor — Joe Casello
1
Commissioner — avid T. Mer e
1 • o loner --0. a .' ay
Commissioner — Michael , . i zpatrick
24 ATTEST:
t! AA • •
• . . et M. Prainito, MMC
•M ' ity Clerk
Y 0
(Js Ara, e a1)
I
j I
\ \apps3 city cbb\ auto \ Data \215 \Items\206 \3050 \3932 \Reso = _Award_Contract_to _Man- Con(Lake_Boynton_Estates) doc
R14 -056
CONSTRUCTION CONTRACT
LAKE BOYNTON ESTATES UTILITY IMPROVEMENTS
THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal
corporation, hereinafter referred to as "CITY ", and _MAN -CON, INC _ a corporation authorized to do
business in the State of Florida, hereinafter referred to as the "CONTRACTOR"
WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain
construction services
WHEREAS, at its meeting of July 1, 2014, by Resolution No R14- , the CITY Commission
authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No 030 -
2821-14/DJL, and,
NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants
hereinafter set forth, agree as follows
Article 1. SCOPE OF WORK.
CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary
WORK in the manner and form provided in the Contract Documents entitled Lake Boynton Estates Utility
Improvements, Invitation to Bid #030 - 2821 -14 /DJL
Article 2. CONSULTANT.
Mathews Consulting Inc ( "CONSULTANT ") has designed the Project and will assume all duties and
responsibilities and will have the rights and authority assigned to CONSULTANT in connection with
completion of the WORK in accordance with the Contract Documents
Article 3. CONTRACT TIME; LIQUIDATED DAMAGES.
3 1 The WORK will be substantially completed within 330_calendar days from the date when the
Contract Time commences to run as provided in paragraph 2 3 of the General Conditions, and
completed and ready for final payment in accordance with paragraph 14 9 of the General
Conditions within 30 calendar days from the date of Substantial Completion
3 2 Liquidated Damages The CITY and CONTRACTOR recognize and acknowledge that time is
of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not
completed within the times specified in paragraph 3 1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions Each of the parties
acknowledges that it has attempted to quantify the damages which would be suffered by the
CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither
one has been capable of ascertaining such damages with a certainty CITY and
CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved
in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not
completed on time Accordingly, instead of requiring any such proof, the CITY and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
Boynton Beach Utilities — Lake Boynton Estates
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CONTRACTOR shall pay the CITY, One Thousand Two Hundred Dollars ($_1,200 00_) for
each day that expires after the time specified in paragraphs 3 1 for substantial completion until
the WORK is substantially complete After Substantial Completion, if CONTRACTOR shall
neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper
extension thereof granted by the CITY, CONTRACTOR shall pay CITY Three Hundred Dollars
($_300 00_) for each day that expires after the time specified in paragraph 3 1 for completion
and readiness for final payment
Article 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States
of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum
as follows
Based on the Contract prices shown in the Bid Form submitted to the CITY as
subsequently revised and as stated herein, a copy of such Bid Form being a part of the
Contract Documents, the aggregate amount of this Contract (obtained from either the
lump sum price, the application of unit prices to the quantities shown in the Bid Form
or the combination of both) not to exceed
One Million Five Hundred Thirteen Thousand, Eight Hundred
Seventy Four Dollars and Forty Five Cents $1,513,874 45
(Written) (Numerical)
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions CITY will process Applications for Payment as provided in the General Conditions
51 Progress Payments CONTRACT may submit an Application for Payment as
recommended by CONSULTANT, for WORK completed during the Project at intervals of
not more than once a month All progress payments will be on the basis of the progress
of WORK measured by the schedule of values established in Paragraph 2 9 1 of the
General Conditions and in the case of Unit Price Work based on the number of units
completed or, in the event there is no schedule of values, as provided in the General
Requirements
5 2 Prior to Substantial Completion progress payments will be made in an amount equal to
90% of WORK completed, but, in each case, less the aggregate of payments previously
made and Tess such amounts as CONSULTANT shall determine, or CITY may withhold,
in accordance with paragraph 14 5 of the General Conditions
5 3 CONTRACTOR shall submit with each Application for Payment, and updated progress
schedule acceptable to the CITY and a Warranty of Title /release of liens relative to the
Work that is the subject of the Application Each Application for Payment shall be
submitted to the CITY for approval The CITY shall make payment to the CONTRACTOR
within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for
Payment and submission of an acceptable updated progress schedule
5 4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY
until fifty (50) percent completion of the construction services purchased (defined as that
point at which fifty (50) percent of the construction of the work as defined in the Contract
Schedule of Values has been performed under the contract by the CONTRACTOR) has
been reached
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5 5 After fifty (50) percent completion of the construction work purchased under the Contract
has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be
retained by the CITY until Final Completion and acceptance by CITY
5 6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary
to protect itself from loss on account of
a Defective Work not remedied
b Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR
c Failure of CONTRACTOR to make payments properly to SubCONTRACTORs or
for material or labor
d Damage to another CONTRACTOR not remedied
e Liquidated damages and costs incurred by the CITY for extended construction
administration
When the above grounds are removed or resolved or CONTRACTOR provides a surety
bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the
amount withheld, payment may be made in whole or in part
5 7 Final Payment Upon final completion and acceptance of the WORK in accordance with
paragraph 14 10 of the General Conditions, CITY shall pay the remainder of the Contract
Price as recommended by CONSULTANT as provided in paragraph 14 10
Article 6. CONTRACTOR GUARANTEE.
CONTRACTOR warrants all work, materials and equipment shall be free from damages and /or defects
owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK
covered by this Contract The CONTRACTOR, free of all costs to the CITY, shall replace any part of the
equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty
materials, damages, and /or workmanship within twelve (12) month period
Article 7. CONTRACT DOCUMENTS.
The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if
attached hereto
7 1 Invitation to Bid
7 2 Instructions to Bidders
7 3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid
Bond, and all required certificates, affidavits and other documentation)
7 4 Contract
7 5 Contractor's Performance and Payment Bond
7 6 General Conditions
7 7 Supplementary Conditions
7 8 Technical Specifications
7 9 Drawings
7 10 Addendum No 1 Dated May 14, 2014
Addendum No 2 Dated May 22, 2014
Addendum No 3 Dated May 29, 2014
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ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt
requested and if sent to the CITY shall be mailed to
City of Boynton Beach Copy to Procurement Services Division
Attn Jose Huertas, Senior Project Manager Attn Director of Financial Services
City of Boynton Beach
100 E Boynton Beach Boulevard 100 E Boynton Beach Boulevard
Boynton Beach, FL 33425 Boynton Beach FL 33425
Tel (561) 742 -6487 Tel (561) 742 -6311
Fax (561) Fax (561) 742 -6316
And if sent to the CONTRACTOR shall be mailed to
Man -Con Incorporated
3460 SW 11 Street
Deerfield Beach, FL 33442
Attn Guy A Mancini
Tel (954)427 -0230
Fax (954)427 -8133
Article 9. INDEMNITY.
In consideration of Twenty-Five Dollars ($25 00) in hand paid and other valuable consideration, receipt of
which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its
agents and employees, in accordance with paragraph 6 17 of the General Conditions which is incorporated
herein and made a part hereof as if fully set forth herein It is the specific intent of the parties hereto that the
foregoing indemnification complies with Florida Statutes 725 06 It is further the specific intent and
agreement of said parties that all of the Contract Documents on this Project are hereby amended to include
the foregoing indemnification and the Specific Consideration
Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES.
Should the completion of this Contract be delayed beyond the specified or adjusted time limit,
CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY
during the period between said specified or adjusted time and the actual date of final completion All such
expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be
deducted from payments due CONTRACTOR as provided by this Contract Said expenses shall be further
defined as CONSULTANT charges associated with the construction contract administration, including
resident project representative costs
Article 11. MISCELLANEOUS.
11 1 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound, and specifically but without limitation, moneys that may become due and moneys
that are due may not be assigned without such consent (except to the extent that the effect
of this restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents
11 2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal
representatives to the other party hereto, their partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the
day and year set forth below their respective signatures
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies,
each of which shall be considered an original on the following dates:
DATED this day of , 20
CITY OF BOYNTON BEACH
City Manager Contractor
Attest/Authenticated
Title
(Corporate Seal)
City Clerk
Approved as to Form Attest /Authenticated.
Office of the City Attorney Secretary
Boynton Beach Utilities — Lake Boynton Estates
Utility Improvements C -5
R14 -056
!r
BOND NO.: PERFORMANCE BOND
NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach
County, Florida. Proof of recordation must be submitted along with this Form. One (1)
set of originals will be required.
KNOW ALL MEN BY THESE PRESENTS that
(insert name of Contractor)
as Principal,
(address or legal title of Contractor)
hereinafter called Contractor, and
(name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON
BEACH, P.O BOX 310, BOYNTON BEACH, FLORIDA 33425 -0310 as Obligee, hereinafter
called Owner, in the amount of
Dollars
($ ), for payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents
WHEREAS,
Contractor has by written agreement dated , 20
entered into a contract with Owner for
in accordance with drawings and specifications prepared by
which contract is by reference made a part of hereof, and is hereinafter referred to as the
Contract.
Boynton Beach Utilities — Lake Boynton Estates Utility PFB- 1
Improvements
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
R14 -056
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall
promptly and faithfully perform such Contract, then this obligation shall be null and void,
otherwise it shall remain in full force and effect
The Surety hereby waives notice of any alteration or extension of time made by the Owner
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly.
1 Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the most responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the most responsible bidder,
arrange for a contract between such bidder and Owner, and make available as work
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay
the cost of completion Tess the balance of the contract price, but not exceeding, including
other costs and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof The term "balance of the contract price ", as used in this
paragraph, shall mean the total amount payable by Owner to Contractor under the contract
and any amendments thereto, less the amount properly paid by Owner to Contractor
Any suit under this bond must be instituted before the expiration of one (1) year from the date
on which final payment under the Contract falls due
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Owner named herein or the heirs, executors, administrators or successors of the
Owner
This bond is issued in compliance with Section 255 05, Florida Statutes as may be amended. A
claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish
labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice
that he intends to look to the bond for protection A claimant who is not in privity with the
Contractor and who has not received payment for its labor, materials, or supplies shall, within
90 days after performance of the labor or after complete delivery of the materials or supplies,
deliver to the Contractor and to the Surety written notice of the performance of the labor or
delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or
supplies may be instituted against the Contractor or the Surety unless both notices have been
given No action shall be instituted against the Contractor or the Surety on the bond after one
(1) year from the performance of the labor or completion of delivery of the materials or supplies
Boynton Beach Utilities — Lake Boynton Estates Utility PFB- 2
Improvements
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
R14 -056
Signed and sealed this _ day of , 20
Principal (Seal)
Witness
Title
Surety
Witness
Attorney -in -Fact
END OF PERFORMANCE BOND
Boynton Beach Utilities — Lake Boynton Estates Utility PFB- 3
Improvements
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
R14 -056
`■
BOND NO.: PAYMENT BOND
NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach
County, Florida. Proof of recordation must be submitted along with this Form. One (1)
set of originals will be required.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF
THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE
CONTRACT
KNOW ALL MEN BY THESE PRESENTS that
(insert name of Contractor)
as Principal,
(address or legal title of contractor)
hereinafter called Principal, and
(name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON
BEACH, P.O BOX 310, BOYNTON BEACH, FLORIDA 33425 -0310 as Obligee, hereinafter
called Owner, for the use and benefit of claimants as herebelow defined, in the amount of
Dollars ($ ), for payment whereof Principal and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents
WHEREAS, Principal has by written agreement dated
20 , entered into a contract with Owner for
In
accordance with drawings and specifications prepared by
which contract is by reference made a part of hereof, and is hereinafter referred to as the
Contract
Boynton Beach Utilities — Lake Boynton Estates Utility PYB- 1
Improvements
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
R14 -056
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
promptly make payment to all claimants as hereinafter defined, for all labor and material used
or reasonably required for use in the performance of the Contract, then this obligation shall be
null and void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions
1. A claimant is defined as one having a direct contract with the Principal or with a
subcontractor of the Principal for labor, material or both, used or reasonably required for
use in the performance of the Contract, labor and material being construed to include that
part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2 The above named Principal and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full before the expiration of
a period of ninety (90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant, may sue on this bond
for the use of such claimant, prosecute the suit to final judgment for such sum or sums as
may be justly due claimant, and have execution thereon The Owner shall not be liable for
the payment of any costs or expenses of any such suit
3 No suit or action shall be commenced hereunder by any claimant.
a. Unless claimant, other than one having a direct contract with the Principal, shall have
given written notice to any two of the following: the Principal, the Owner, or the Surety
above named, within ninety (90) days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials for which such claimant is made,
stating with substantial accuracy the amount claimed and the name of the party to whom
the materials were furnished, or for when the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any
place where an office is regularly maintained for the transaction of business, or served
in any manner in which legal process may be served in the State in which the aforesaid
project is located, save that such service need not be made by a public officer
b After the expiration of one (1) year following the date on which Principal ceased work on
such Contract, it being understood, however, that if any limitation embodied in this bond
is prohibited by any law controlling the construction hereof such limitation shall be
deemed to be amended so as to be equal to the minimum period of limitation permitted
by such law.
c Other than in a State Court of competent jurisdiction in and for the County or other
political subdivision of the State in which the Project, or any part thereof, is situated, or
in the United States District Court for the district in which the Project, or any part thereof,
is situated, and not elsewhere.
4 The amount of this bond shall be reduced by and to the extent of a payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which
Boynton Beach Utilities — Lake Boynton Estates Utility PYB- 2
Improvements
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
R14 -056
may be filed of record against such improvements, whether or not claim for the amount of
such lien be presented under and against this bond
5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be
amended A claimant, except a laborer, who is not in privity with the Contractor and who has
not received payment for its labor, materials, or supplies shall, within 45 days after
beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the
Contractor with a notice that he intends to look to the bond for protection A claimant who is
not in privity with the Contractor and who has not received payment for its labor, materials,
or supplies shall, within 90 days after performance of the labor or after complete delivery of
the materials or supplies, deliver to the Contractor and to the Surety written notice of the
performance of the labor or delivery of the materials or supplies and the nonpayment No
action for the labor, materials, or supplies may be instituted against the Contractor or the
Surety unless both notices have been given No action shall be instituted against the
Contractor or the Surety on the bond after one (1) year from the performance of the labor or
completion of delivery of the materials or supplies
Signed and sealed this day of , 20
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
END OF PAYMENT BOND
Boynton Beach Utilities — Lake Boynton Estates Utility PYB- 3
Improvements
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
AT AWARD
R14 -056
I �r
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
STATE OF FLORIDA
COUNTY OF , being first duly sworn, deposes and says
as follows
He is
of
(Title) (Name of Corporation or Firm)
a Florida Corporation ( ) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
which is named in Construction Contract dated the day of , 20
between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for
the construction of and Affiant is authorized to
make this Affidavit as, or on behalf of, the Contractor as named above
Title to all work, materials and equipment covered by the attached Final Application for Payment
dated , passes to the Owner at the time of payment free and clear of all liens, and
all laborers, materialmen and subcontractors have been paid for performing or furnishing the work, labor or
materials upon such Contract work covered by the aforesaid Final Application for Payment
This statement under oath is given in compliance with Section 713 06 Florida Statutes
Affiant
Sworn to and subscribed before me this
day of , 20_
Notary Public, State of Florida at Large
My Commission expires
(SEAL)
END OF WARRANTY OF TITLE
Boynton Beach Utilities — Lake Boynton Estates WT - 1
Utility Improvements
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
WITH FINAL APPLICATION FOR PAYMENT
R14 -056