R16-033 RESOLUTION NO. R16 -033
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE PIGGY -BACK OF A CITY OF
WEST PALM BEACH PAVING CONTRACT #16393 WITH M &M
ASPHALT MAINTENANCE INC., D/B/A ALL COUNTY PAVING
. FOR THE PURPOSE OF RESURFACING OCEAN AVENUE AND
LEISUREVILLE BOULEVARD, BOTH STREETS LOCATED IN
1 a PALM BEACH LEISUREVILLE IN THE AMOUNT OF
1 $149,599.71, PLUS A 10% CONSTRUCTION CONTINGENCY IN
1: THE AMOUNT OF $14,959.97, FOR A TOTAL COST OF
1 ; $164,559.68; AUTHORIZING THE CITY MANAGER TO SIGN A
1 ' CONTRACT FOR GENERAL ROADWAY PAVING WITH M &M
1 ASPHALT MAINTENANCE INC., D/B/A ALL COUNTY PAVING;
1„ AND PROVIDING AN EFFECTIVE DATE.
1 ,'
1:. WHEREAS, City staff has confirmed that the City of West Palm Beach has
1 complied with Public Contract Bid requirements which equal or exceed the City of
20 Boynton Beach's requirements; and
2 WHEREAS, upon recommendation of staff, it is the City's desire to piggy -back a
2 City of West Palm Beach Paving Contract #16393 with M &M Asphalt Maintenance Inc.,
2 dibia All County Paving for the purpose of resurfacing Ocean Avenue and Leisureville
2a Boulevard in the amount of $149,599.71, plus a 10% construction contingency in the
2 amount of $14,959.97 for a total cost of $164,559.68.
2;) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2' THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2: as being true and correct and are hereby made a specific part of this Resolution upon
33 adoption.
31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
S: \CC \WP\Resolutions\2016 \R 16- 033Piggy- Back_(M_M_Asphalt).doc
3 approves the piggy -back of a City of West Palm Beach Paving Contract #16393 with
3:: M &M Asphalt Maintenance Inc., d/b /a All County Paving for the purpose of resurfacing
3 Ocean Avenue and Leisureville Boulevard in the amount of $149,599.71, plus a 10%
3 . construction contingency in the amount of $14,959.97 for a total cost of $164,559.68.
Section 3. The City Manager is hereby authorized to sign a contract with
3 ' M &M Asphalt Maintenance Inc., d/b /a All County Paving, a copy of which is attached
3 hereto as Exhibit "A ".
3 ; Section 4. That this Resolution shall become effective immediately.
4 PASSED AND ADOPTED this 16th day of February, 2016.
4 CITY OF BOYNTON BEACH, FLORIDA
4'
4 YES NO
4
4 Mayor — Jerry Taylor'
4 t.
4 Vice Mayor — Joe Casello
4
4 Commissioner — David T. Merker
5
5 Commissioner — Mack McCray
5
5 : Commissioner — Michael M. Fitzpatrick
5i
5
5;, VOTE
5'
51 ATTEST:
5
1
6 �6 U�`
6 j dith A. Pyle, CM S
6: Interim City Clerk k � g y.r. y�'
Lk`
/ U
6. 4 r
6.
6 r (Corporate Seal)
C::\ Users \pylej\AppData \Local\Microsoft\Windows \Temporary Internet Files \Content.1E5 \ONL000P9 \Piggy- Back_(M_M_Asphalt)_-
_Reso.doc
CONTRACT FOR GENERAL ROADWAY PAVING
This Contract is made as of this g day of \ , 2016 by and between M &M
Asphalt Maintenance Inc., d /b /a All County Paving, with offices at 1180 SW 10 Street, Delray
Beach, FL 33444 ( "ALL COUNTY PAVING "), and The City Of Boynton Beach, a Florida
municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach,
FL 33435 (the "CITY ").
RECITALS
WHEREAS, the City wishes to resurface West Ocean Avenue from Congress Avenue to
SW 8 Street and Leisureville Blvd. from Boynton Beach Boulevard to Ocean Avenue.
WHEREAS, ALL COUNTY PAVING provided a proposal to the CITY to provide an
asphalt overlay based on their awarded contract with the City of West Palm Beach, Florida
Contract No. 16393 for General Roadway and Miscellaneous Construction for a proposed price
of $149,599.71.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1. The foregoing recitals are true and correct and are hereby incorporated in
this Agreement.
Section 2. The CITY and ALL COUNTY PAVING agree that ALL COUNTY PAVING
shall perform the work outlined in the in the Scope of Work based on City of West Palm Beach,
Florida Contract for "General Roadway and Miscellaneous Construction ", a copy of which is
attached hereto as Exhibit "A ", except as hereinafter provided:
A. All references to City of West Palm Beach, Florida shall be deemed as
references to the City of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742 -6010 / Facsimile: (561) 742 -6090
Copy : James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, PA. '
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771 -4500
Facsimile: (954) 771 -4923
Page 1
C. The proposal from ALL COUNTY PAVING, is attached hereto as Exhibit "B".
Section 3. In the event that the City of West Palm Beach, Florida Contract is
amended, or terminated, ALL COUNTY PAVING shall notify the City within ten (10) days. In the
event the City of West Palm Beach, Florida Contract is amended or terminated prior to its
expiration, this Contract shall remain in full force and effect, and not be deemed amended or
terminated, until specifically amended or terminated by the parties hereto.
Section 4. The insurance required shall require that the Certificate of Insurance
the City Boynton t Cit of Bo nton Beach as an additional insured.
Section 5. In all other aspects, the terms and conditions of the City of West Palm
Beach, Florida Contract, as amended, are hereby ratified and shall remain in full force and
effect under this Contract, as provided by their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Q . 1 2 ... „. Nor
JueDyle, I riy Clerk Lori La erriere, City Manager
APPROVED AS I* eRM: '
e yw
James '`. Cherof City ttorney� 9¢
ALL COUNTY PAVING
WITN SS�,� ES:
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ti
Print Name: K (43tCA13'
Title: c ,(100
ATTEST:
SECR. . RY
Page 2
EXHIBIT A
AGREEMENT BETWEEN THE CITY OF WEST PALM BEACH AND
M &M ASPHALT MAINTENANCE INC., d /b /a ALL COUNTY
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Mi 0 14-15-134
PROJECT # - V.''',R*US ,
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GENERAL ROAR ALAY ANN NUSCELLANE•US
C•NSTITU,(-Tril
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CITY OF WEST PALM BEACH
PUBLIC WORKS DEPARTMENT
. ,
KHANH UYEN DANG, PE - SENIOR PROJECT ENGINEER
. 401 CLEMATIS STREET, 411FLOOR ! 1
WEST PALM BEACH, FL 33401
(561) 494-1040
092415
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City of West Palm (Beac(
CONSTRUCTION CONTRACT
Work Orders
Bid No. 14 -15 -134
Project: General Roadway and Miscellaneous Construction
Contract No. 16393
THIS CONTRACT is made and entered into by and between the CITY OF WEST PALM
BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis Street, West
Palm Beach, Florida 33401 (the "Owner") and fill &M ASPHALT MAINTENANCE, INC., d /b /a ALL
COUNTY PAVING, a corporation of the State of Florida, whose principal address is 1180 SW 10
Street, Delray Beach, Florida 33444 ( "Contractor").
WHEREAS, the Owner caused to be prepared specification, drawings and other contract
documents for certain work and issued an Invitation to Bid for the above - described project, which is
incorporated into this Contract by this reference; and
WHEREAS, the Contractor submitted its Bid in response; and
WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner
and wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid;
NOW THEREFORE, in consideration of the promises and mutual covenants and obligations
herein contained, and subject to the terms and conditions herein stated, the Owner and Contractor
understand and agree as follows:
1. SCOPE OF WORK.
1.1 If issued a Work Order, the Contractor shall furnish all necessary labor, materials,
equipment and supplies, and shall execute and complete, to the satisfaction of Owner and in
accordance with the terms and conditions of this Contract all work described and shown in the
applicable Work Order for small roadway and miscellaneous construction projects, in accordance with
the technical specifications and drawings specified for such Work Order.
1.2 Owner will issue Work Orders on an as- needed basis. Each Work Order will be on
Owner's form and detail the specific project scope of work, project schedule for completion and
compensation. All terms and conditions of this Contract, the General Conditions and the Contract
Documents will be applicable to each Work Order.
1.3 No work is authorized until a work order is fully executed by the Owner. Any
amendment to a work order is not effective and not authorized until such amendment is fully executed
by the Owner.
1.4 A comprehensive project shall not be broken into small related segments /projects in
order to fall within the limitations of this Contract. Contractor shall not execute any such Work Order.
1.5 Work Orders shall be completed within the time indicated for each Work Order. Time is
of the essence of each Work Order. Contractor shall proceed with the work and shall conform to the
schedule for each Work Order. Work shall commence on the date indicated in the Notice to Proceed
issued by Owner and be substantially complete and then fully complete in accordance with the Work
092415
Order schedule and the General Cond|tiono, with such extensions of time as are provided in the
General Conditions.
1.6 No Work Order may be issued for work to be completed after the expiration of this
Contract. The form of Owner's Work Order is attached to this Contract. (
1.7 No work order(s) or minimum amount of work or compensation is guaranteed under this
Contract.
2. PRICES. Contractor shall perform the work for the prices set forth on Contractor's Bid. If
specific circumstances require additional work of materials not listed in Exhibit B, the parties shall
negotiate a price which shall be detailed in the Work Order.
3. PAYMENT AND INVOICES. Fayment for Work Orders shall be made in accordance with the
General Conditions of this Contract. Contractor acknowledges that if a construction bond is mequined,
payments under Work Order(s) shall not be made until consent of surety is received by Owner.
Contractor shall submit individual invoices for each Work Order. Along with each invoioe. Contractor
will provide a copy of the Work Order, the appropriate completed Small Business participation form and
any updated insurance documents (when appiicabie).
4. CONTRACT TERM.
4.1 Term of Contract. Subject to the termination rights of the Owner, this Contract shall
have a term of three (3) years, commencing as of the date of execution by the Owner. The Owner shaU
execute this Contract last.
4.2 Renewal. At the sole option of the Owner, this Contract may be renewed for up to two
additional twelve (12) month periods. Contract renewal wiil only be effective upon a written contract
amendment executed by both parties. Renewal terms and conditions for this Contract shall be
unchanged.
5. LIQUIDATED DAMAGES. The actual damages Owner and the pubiic may suffer as a result of
the failure to complete work under a Work Order within the scheduled time are not ascertainable at the
time of this Contract. If said work under any Work Order is not substantially and then fully completed
within the time established by the Work Order and the General Conditions, as may be adjusted, the
Contractor shall be liable and hereby agrees to pay to the Owner as liquidated domagea, and not as a
pena|ty, a sum per calendar day for each and every day or part of a day thereafter that said work
remains incomplete. Unless a Work Order specified otherwise, Contractor shall pay to Owner the sum
ofTm/oHundrodDo||aro($20O) peroa|enderdayoa|iquidateddacnages.
6. CONSTRUCTION BOND(S). If the estimated amount of any Work Order is $200.000 or more,
then prior to the commencement of the work under such Work Order, Contractor shall record a public
construction bond, in an amount not less than the total cost of such Work Order, on Owner approved
fnr[Ds, with the Clerk of the Court in the Public Records of Palm Beach County and provide a certified
copy of the recorded bond(s) prior to commencing work and submittal of first invoice, in accordance
with the General Conditions. The City shall be an obligee under such bond(s). The bond shall
incorporate by reference the terms of the Contract Documents in their entirety.
7. SPECIAL TERMS.
092415
8. SMALL BUSINESS PROGRAM.
8.1 Compliance. Article IX of Chapter 66 of the City of West Palm Beach Code of Ordinances
relating to the Small Business Program is incorporated in this Contract by this reference. The
Contractor agrees to comply in all respects with its commitment to use the certified small businesses
identified in Contractor's Bid in the [Donner and proportions set forth in the Bid. In the event that it is
impossible or impracticable to engage or procure materials from one or more of the identified certified
small businesses, the Contractor shall so notify the City's Small Business Division promptly in writing
and shall thereafter ensure that that firm or firms are duly replaced by other certified small businesses
unless written approval to the contrary is granted by the City.
8.2 Records. The Contractor agrees to maintain in an orderly fashion all relevant records and
information that document its compliance with the Small Business Program and the utilization of and
payment to certified small businesses under this Contract; and shall make said records avaitable to the
City for inspection during reasonable business hours. Copies of all contracts between the Contractor
and firms engaged by it in connection herewith shall be submitted to the City upon the City's request.
Q. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by
careful exonninoUon. satisfied himself as to the nature and location of the wo[k, the conformation of the
gnnund, the ohareoter, quality and quantity of the materials to be enoounterod, the character of the
equipment and facilities needed preliminary to and during the prosecution of the vvnrk, and the general
and local conditions. Execution of this Contract by the Contractor is a representation that the
Contractor has visited the aiba, reviewed any design criteria furnished by Ovvner, become generally
familiar with local conditions under which the Work is to be performed and correlated personal
observations with requirements of the Contract Documents. Contractor deems both his inspection of
the site and review of information furnished by Owner to be an adequate investigation. Contractor
represents that the plans and specifications are nODGi0t8nt, pFaCboa|, feasible and constructible within
the scheduled construction time. Contractor affirmatively covenants that Contractor has observed no
defects or discrepancies in the p|ans, specifications or site and that if during construction any
discrepanciea, defoots, etc., are discovered by or made known to Contractor, Contractor shall
immediately communicate same to the Owner.
10. ETHICS. Contractor acknowledges, agrees and commits that it shall comply with all applicable
state and city rules and regulations.
11. CONTRACT DOCUMENTS. Contractor agrees to complete all work in accordance with the
Contract Documents. The term "Contract" and or "Contract Documents" shall include all the terms and
conditions and Project requirements contained in this Contract and the following documents, all of
which taken together are incorporated herein and form the Contract Documents. For convenience
oake, some of the documents may not be attached to this Contract, but the listed documents make up
the Contract Documents, whether or not they are attached.
a. Each Work Order and alt associated Documents
b. Special Terms
c. Contractor's Bid
d. Schedule of Bid Items
e. Substitution Sheet
f. Schedule of Subcontractors
9. Contractor License Verification Form
h. Affidavit of Prime Bidder
092415
Drug Free Certification
j Trench Safety Compllance Form,
k. Small Business - Subcontractors Listing
Sma!r Business Statement of Sma Business Participation
m. Small Business - Letter ofIntent
n. Contractor's Material Suppliers
o. PubIc Construction Bond and Related Power of Attorney and Surety Certificate
ID Insurance Certificates
q. Genera|CondiUoho
r. Technicat Specifications and Drawings
s. Invitation to Bid
This Contract shall be executed in two (2) original sets by Owner and Contractor. The Contract
Documents are complementary, and wherever possible the provisions of the documents shall be
construed in such manner as to avoid conflicts between provisions of the various documents.
IN WITNESS WHEREOF, the parties execute this Contract through their duly authorized
representatives.
ATTEST: CITY CJF''^ EST PALM BEACH
��--
By: ���� � m ��' By: x��'�'/ �' ,p
City erk Geraldine Muoio' Mayor
/n/� �=
Date: 20
' /0/Re- . /�
CITY ATTORNEY'S OFFICE
Approved rrnond|ega|ity
ATTEST: Contractor:
WMASPo ALT MAINTENANCE, INC d/b/a
ALL PAVING
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EXHIBIT B
PROPOSAL FROM ALL COUNTY PAVING
Page 4
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CCDUNATHY
Palm Beach County: U -21491
Broward County: 13 -3A- 17799 -R ' .€
Collier County: LCC20110001485
Martin County: MCP5910
General Contractor: CGC1509532
SCOPE OF WORK
WORK TO BE PERFORMED ON: W. Ocean Ave, from Congress to SW 8th St, Leisureville Blvd,
from W. Ocean Ave to Boynton Beach Blvd
Item No. Item Description Unit Cost Units Quantity Total
GENERAL
1 Mobilization $5,000.00 LS 1 $5,000.00
2 Maintenance of Traffic $7,500.00 LS 1 $7,500.00
3 Bonding $3,500.00 LS 1 $3,500.00
4 Insurance $1,000.00 LS 1 $1,000.00
ROADWAY
19 Type SP -9.5 Asphaltic Concrete $110.00 Ton 995 $109,450.00
26 Adjust Existing Manhole Top to Grade $500.00 EA 15 $7,500.00
39 Adjust Water Valve Box $350.00 EA 5 $1,750.00
STRIPING & SIGNAGE
61 6" Solid White Thermoplstic Striping $0.88 LF 911 $801.68
62 6" Skip White Thermoplastic Striping $0.88 LF 120 $105.60
65 6" Double Yellow Thermoplastic Striping $1.76 LF 4250 $7,480.00
68 18" Solid Yellow Thermoplastic Striping $2.20 LF 282 $620.40
69 24" Solid White Thermoplastic Striping $3.30 LF 120 $396.00
Special Pavement Message: ARROW (single and double)
70 Thermoplastic $99.00 EA 8 $792.00
Special Pavement Message: MERGE, ONLY, R /R, SCHOOL,
71 SHARROW, Thermoplastic $121.00 EA 2 $242.00
74 6" White Temporary Striping Paint $0.33 LF 911 $300.63
76 6" Yellow Temporary Striping Paint $0.33 LF 8,500 $2,805.00
78 Retro - Reflective Pavement Markers (RPMs) All colors $4.40 EA 81 $356.40
TOTAL: $149,599.71
Page 1 of 2
M &M Asphalt Maintenance Inc., d /b /a All County Paving
Office 561 - 588 -0949 I Fax 561 - 588 -2140 1 1180 SW 10` Street, Delray Beach, FL 33444
Office 407 - 610 -8069 I Fax 407 - 380 -20011 4800 Patch Road, Orlando, FL 32822
info(a�allcountvpavinq.com
Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRISM, NEYRA
l` FDOT CERTIFIED CONTRACTORS i,:t
Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule.
,, .000, 0.0000000 , ': no I
WM IMO MO NM Mk
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Palm Beach County: U -21491
Broward County: 13 -3A- 17799 -R i:_ _ _1
Collier County: LCC20110001485
Martin County: MCP5910
General Contractor: CGC1509532
CONTRACTOR RECOMMENDATION - ALTERNATE
ADD TO BASE BID
1 Mobilization $2,000.00 LS 1 $2,000.00
2 Maintenance of Traffic $4,000.00 LS 1 $4,000.00
3 Bonding $1,000.00 LS 1 $1,000.00
4 Insurance $250.00 LS 1 $250.00
12 Mill Existing Asphalt (Up to 2 ") $2.50 SY 14086 $35,215.00
DEDUCT FROM BASE BID
26 Adjust Existing Manhole Top to Grade $500.00 EA 15 $7,500.00
39 Adjust Water Valve Box $350.00 EA 5 $1,750.00
TOTAL: $33,215.00
I
Page 2of2
M &M Asphalt Maintenance Inc., d /b /a All County Paving
Office 561 -588 -0949 1 Fax 561 -588 -2140 1 1180 SW 10th Street, Delray Beach, FL 33444
Office 407 - 610 -8069 1 Fax 407 - 380 -20011 4800 Patch Road, Orlando, FL 32822
infol-a' ,allcountvoavinq.com
Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRISM, NEYRA
_- FDOT CERTIFIED CONTRACTORS I
Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule.
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