R02-002RESOLUTION NO. R 02- oe~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID (NO. 003-2413-02/CJI)) TO
MORA ENGINEERING CONTRACTORS, INC., IN THE
AMOUNT OF $2,510,704.50 FOR THE INDUSTRIAL
AVENUE CORRIDOR STORMWATER
IMPROVEMENT PROJECT; AUTHORIZING THE
MAYOR TO EXECUTE SAD CONTRACT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bids for the above referenced project were received on November
28, 2001, and Mora Engineenng Contractors, Inc., was the sole bidder who met and
exceeded all specifications;
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 approves the award of a bid to Mora Engineering Contractors, Inc., in the mount
of $2,510,704.50 for the Industrial Avenue Corridor Stormwater Improvement Project,
and authorizes the Mayor to execute a Contract between the parties, a copy of which is
attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS ~ day of January, 2002.
C ~missioner
~o~ar~issioner
~TTEST:
BID TITLE:
BID NUMBER:
INDUSTRIAL AVENUE
IMPROVEMENT PROJECT
#003 -2413 -02/CJD
CORRIDOR STORM WATER
CITY OF BOYNTON BEACH FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into tiffs 2nei day of Jalaaal:y.,~lfl~ by and bet~veen
the CITY OF BOYNTON BEACH, a mun/cipal corporation of Flohda, hereafter called the "CITY"
or "OWNER" and MORA ENGINEERING CONTRACTORS, ][NC.
a Florida Corporation (_X_)
a Florida General Partnership ( )
a Florida Lirhited Partnership ( )
a Sole Proprietor ( )
Check One
hereinafter called "CONTRACTOR".
VOTNESSETH
A. The City has heretofore invited bids for a City construction project ("Project") identified by
the bid title, bid number and project number listed above and commonly referred to as:
INDUSTRIAL AVENUE CORRIDOR STORM WATER IMPROVEMENT
Bo
Contractor, in compliance with the bidding requirements announced by the City, submitted
a bid on the 18th day of Nnvemher: 20111: for the total bid amount
On the 2nd day nf Jan.ary.: 2002: the City Commission designated contractor as having
submitted the bid that was most advantageous m the City and authorized the execution of
this Agreement~
The Parties agree that the Project is scheduled to be completed with/n 270 days of the
issuance of the Notice to Proceed, subject to CITY approved time extensions. There are
penaltie~ to the CONTRACTOR for the failure to meet such deadlines.
NOW, TItEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct
and incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction sermces for completion of the Project.
1.1.3.
The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, ~quipment, materials and supplies, etc., and to
complete the Project by perfomfmg all the work as se~ forth in the this
Contract and the Contract Documents for the price and mounts set forth
in Contractor's bid.
1.1.4. Contractor is ma independent contractor as that term is set forth in the
General Conditions for Construction (GC-2)
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1.
The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The Contract Documents are the compilation of the following individual
documents:
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
2.2.6.
2.2.7.
2.2.8.
2.2.9.
2.2.10.
2.2.11.
2.2.12.
2.2.13.
2.2.14.
Advertisement for Bids
Instructions for Biddei~
Bid Proposal
Bid Bond
General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
Construction Contract
Certificate of Insurance
Public Construction Bond
Letters of Credit
Technical Specifications
Contract Drawings and Plans
Addenda
Written directives or interpretations
Manufacturers warranfles
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3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1.
Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary, to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2.
Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents m the
conditions contained in said Contract Documents and expressly agrees ro
comply with every reqmrement and stipulation therein contained.
3.1.3.
Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4.
Guarantee all work and materials for a period of one (1) year. Upon recetpt
of written notification from the CITY, CONTRACTOR shall correct any
defective or faulty work or materials which may appear 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. Comply with the prowsions of Section
255.05, Florida Statutes, if applicable. Pay promptly, before final
settlement, any and all claims or liens by subcontractors or material
suppliers, incurred in and about this work. Furnish release of liens forms
from all subcontractors and suppliers of materials. Release of lien forms
to be utilized shall be supplied by CITY.
3.1.6.
3.1.7.
Remove and clean ap 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 promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
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3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.t.9. Perform such other tasks as set forth in the Contract Documents.
3.1.10. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (1 0) days of the Award
of the Project.
3.2.
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 occurring from any
cause resulting from their acts or omissions or the acts or ormssions of their
subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1.
City shall provide a written notice to proceed not later than ten (10) days from the
execution of this Contract.
4.2.
Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4,3.
On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
CONTRACTOR hereby agrees to commence work under this 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 2.211 days following the commencement date as
specified in same.
5.2.
Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, atler due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages and not as penalty, the amount stipulated in
Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR
shall be in default of completion.
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5.3.
CONTRACTOR shall notify the Project Engineer m writing of any change ha the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
The CONTRACTOR further agrees to pay $ _qOO_00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to complete the work within 270 calendar days
from the commencement date as indicated in the written "Notice to Proceed".
The CITY shall have the right to deduct said liquidated damages from any amount
due, or that may become due the CONTRACTOR, or to collect such liquidated
damages ~rom the CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1.
The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the General Conditions for Construction [GC-44,
GC-45, and GC-46).
8. INDEMNIFICATION
8.1
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.
8.2.
CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees fxom against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) 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 th/s contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated hi this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph.
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The indemnification required pursuant to the Contract shall tn no event be less
than $1 million per occurrence or no more than the limits of insurance required of
the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be =nforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3.
l'he 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 the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4.
The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1.
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. All 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. Changes in the work must be
processed as set forth in the General Conditions for Construction (GC-57).
10.2. All change orders and adjustments shall be in writing and approved by the ProJect
Manager, otherwise, no claim for extras will be allowed.
I0.3.
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, same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is l(imley Horn & Aanaeiateg. Inc..
F, mbareadero Drive. Weat Palm Reach. l~lnrida aa407.
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11.2.
The Project Engineer shall have general supervision and d/rection of the work.
The Project Engineer is the agent of the 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 such
authority, in writing~ He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution ofthe Contract.
11.3.
As the Project 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 authority pursuant to the Contract to
enforce its f~thfi21 performance by both parties.
11.4. In the event of a dispute, the role oft he Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS
13.1.
This Contract must be consumed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk. shall be used as evidence.
13.2.
In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18). In reconciling conflicting provisions of the Contract
Documents, 'the Contract shall have the greatest weight, followed by the General
Conditions for Construction and finally by the balance of the Contract Document
14. TIME OF ESSENCE
14.1.
Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the propose 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.
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15. REMEDYFORDELAY
15.1.
In the event of any delay in the project caused by any act or ormssion of the CITY,
its agents or employees, by the act or omission of any other parry other than the
CONTRACTOR, his agents, employees or subcontractors, or delay caused by
weather conditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the t/me allocated to complete the
proj ecc
15.2. 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. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONIR~C?OR hereby acknowledges that he has read and understands the
above provision.
15.3.
Failure on the part of CONTRACTOR m 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.
15.4. Al1 requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction (GC 24)
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19).
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and wimessed
in the presence of:
.f
~~ ~rk
Si~ed, se~ed ~d wimessed
in ~e presence of:
CITY OF BOYNTON BEACH, FLORIDA
/
YClayor
CONTRACTOR
President or Vice President
Attest as to CONTRACTOR
State of Florida
County of Palm Beach
SS:
On this __ day of ,20 , personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires:
Notary Public
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