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R92-35RESOLUTION NO. R92-J~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR THE C.D.B.G. PHASE #1 IMPROVEMENT PROJECT TO OCEAN BAY CONSTRUCTION, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND OCEAN BAY CONSTRUCTION, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon their review and the recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to award the bid for the C.D.B.G. Phase %1 Improvement Project to Ocean Bay Construction, Inc. 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 for the C.D.B.G. Phase ~1 Improvement Project to Ocean Bay Construction., Inc. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a Contract between the City of Boynton Beach and Ocean Bay Construction, Inc., a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall take immediately upon passage. PASSED AND ADOPTED this ~ day of March, 1992. effect CITY OF BOYNTON BEACH, FLORIDA Mayor ~sioner ATTEST: ~Co~porate Seal) CDBG zRe~ _ 02/28/92 oner CON T~ACT Pro~ec~ ~ 91-084 THIS AGREEMENT, made and entered into this day of , A.D~ 19 92 , by and between the CITY OF BOTNTON BEACH, a municipal corporation of Florida, hereinafter call the "CITY and Ocean Bay Construction, Inc. / r a FlOrida Corporation (x__) Check one a Florida general partnership ( ) a Florida limited partnership ( ) a sole proprietor ( ) hereinafter called "CONTRACTOR". WITNE$SETH That under the due procedure of law. bids were heretofore received by the City co~nission of said CITY for the performance of work and supplying materials, hereinafter described, and said Commission ~Ping CanvaSsed:said bids, has determined that the bid in the total amoUnt of Three b,,~H~ed seventy-n~ thousand, three hundred ninety-eight dollars & ~ the afOreraentioned CONTRACTOR was the best and most~des bid submitted, and has authorized the execution of this con=tact. NOW, THEREFORE, in consideration of these premises and the mutual conditions a~d covenants contained herein, the parties agree as follows: 1.0 A~REEMENT 1.1 The CITY does award the contract to and does hire and employ the COaT.ACTOR and the COBTKACTOR does accep= the award, predicated upon the bid of the CONTRACTOR, da~ed Februar~13 1992, which is hereby incorporated by reference into this agreemen=, and the CONTRACTOR does agree =o furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, con:ract' document-s, bond documents, plans and specifications for: Community Development Block Grant Sub-Area No. 1 Improvements, City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTORS'S bid totalling Three hundred seventy-nine thousand, three hundred ninety-eight dollars and ninety-one cents ($379,398.91) / RESOLUTION NO.~R92-~ A -RESOLUTION OF THE CITY COMMISSION OF THECITY~ 0F BOYNTON't BEAC~~ FLORIDA, AWARDING THE' BID FOR THE C.D.B.G. PHASE ~0NSTRU~TION, INC,; ~THORizING AND ~ iRE~I~G ~ T~E. ~0R?~ '~;' ~ ~Y:- ~RK ~O WH~I~AS, the Ci~ Beach, Florida, upon thei staff, deems it and residents for the C.D.B.G. ~ct ConstructiOn, Inc. T : Boynton :ion of .tizens Ocean Bay NOW, C.D.B.G. Constructign., Secti~ 2. The :C Florida;~ #1 Inc. of the Bay That and City Clerk are hereby aut~Oriz!ed and directed to execute a Con;tAr. act between the City of Boynton Beach and Ocean Bay ~nstruction, Inc., . ,;~,~ a cop~ of which ~s attached hereto as Exhibit A . Sect,i~n3,. This immediatel~pon passage,. ~PASSE~.~AN~ ADOPTED.this ghall take effect day of March, 1992. CITY.OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) CDBG.Res 02/28/92 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other acceseories and services necessary to compiete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special ~onditions of the. contract, plans which include all maps, plats. lueprints, and other drawings, and printed or written explanatory contract documents and matter thereof as contained in the bid, specifications forthe project. ~ 2.2 All the work and labor performed the material : and con~en~s ~aid work. 2.3 further and supplies and referred to CITY the contract shall be Shall be, in stric= andcontrac~0r accepts in said plans and comply withevery requirement performed by the par~y agrees to furnish all tools, and to do all the work above L an~ workmanlike manner, and in work on file in the office of the in accordance _with the p~ans which are hereby of this contract, as well as to the and t~ City Engineer of' the said ~e dir~tio~s~whioh may be given by authorized representative, at and for the 2~4 of ~written notification from. the CITY, uo or ~ work or materials, which may appear within.~one the conr_ract_~and receipt of final payment, make the necessary corrections within ten (10) days of 'the written notice. 2.5 To co~ with the provisions of Section 215.19, Florida Statutes, if app~£cable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurre~ in and about this work. Furnish final release of lien forms frpmall su~icontr&ctors and suppliers of materials. Forms to be specified:by CIT~ 2.7 The shall remove and clean up all rubbish, debris, excess temporary structures, tools and equipment from streets, alleys, ~arkways and adjacent property that may have been used or worked onb¥ the contractor in connectionwith the project promptly as such secti0~r portion is completed and ready for use, leaving the same in a neat and presentable condition. Pa!rmen= of monthly or partial estimates may be withheld until this has been done to the satisfaction of the Project Manager. Final acceptance and payment for the entire project will not be made until the site is satisfactory =o the CITY. 2 with the of the · m~nlcipal having contract in contract the sam~ [ ~ contract he shall if he cation ect. the CITY as not make ~ CONTRACTOR liabilities any 3.1 mXde in id alleys, in anyway as a whole or pecifications and good and therefor. All ~iwork shall be the caC-~, completion ~ at his own c ~ under this contract the w~itten "Notice =o Proceed" 'ec= ,within 150 days same o In the event the specified and forth in the anyI extension or extensions of time · hereinbefore set forth, the CIT~, as liquidated damages and 3 as a penalty, in the amount~ ~.stipula=ed therefore in the special conditions or in o~her contract documents for each and every calendar day that the COaTi, ACTOR shall be in default of c~,upIetion. 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 !iquida=ed damages from the COh.~.f~ACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as ~racticable, after signature of contract, notify city Engineer in writing of names` of subcontractors proposed for principal parts of work, and for such others as City not employ ~n¥ that architect may, within object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES ~further agrees :to_pay,.as?liquidated damages, 5,7 and 8 in ~the General Conditions =o complete ~he to Proceed". 5.0 and the ~n work and PROTECTION OFEXiSTING FACILITIES warrants that pt' the protection all existing sewers, drains, pipes, materials in and other construction e~cguntered, and the to them during the progress of the and in and for the~ .tionand ~lso, all filling, ring; the removal also all pumping, incidental to the a!l~l necessary labor, and~the performance of and specifications exgense incurred of the said every one of the of the entire work acceptance. for or near the ~i=e or conzract, or which are work assume, full and sites of the in any of men and shall of the CITY utili2ies the contract, arrangements w~th such department, removal and replacement or protection of such and expense structures, below ground, an under the the~prosecution of the in connection ,written notice in ~ any proper~y or ~ners of public or by the work =o all necessary :~or owners for the or utitlies. 6 · 0 INDEmnIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend =he 'CITY, i=s agen=s, servants, and ~mployees from and &gains= any claim, cut of error its agen=s, under this and defend City, any its its of any in curren= fund~ ~ '.Or .nd deductio!as Con=rac~, may order ex=fa or'~ed~c=ing from the work, All,such work shall be Contra~t. Any claim for in Writing, a~ the time 8.2 All change orders and'-adjust_ments shall be in writing and approved ~Y the C~ty ~ana~er or C, ity Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Co~t, ractor and all of his subcontractors shall be apprised, of,~ and fami~£ar~ith, the following conditions and procedures governing ex=fa work under the Contract: 8~3.1 Any change order has to be recommended by the City Manager and officially approved by the City Co~ission 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 ~iting fOr:unforseen extra .work he encounters, it ll~e construed as an acceptance and agreement by him that~ any such work is required under the con,,.t~,act and no future claim for such extras will be cons:ideredor allowed by the CITY. 8.3.3 No claim for extra work will be allowed~nless and until au=hority for same by written Change Order has~been obtained from the City Manager or the City Co~ission of Bo!triton 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, aDa/or adjustments under the Contrac= shall be promptly transmitted in writing by the General Con~=aCt~r to the CITY's Representative with full explanations and justifications for his cons~c%er~tion 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 required, shall be determined under one or more of the folLO~ing~ procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are se= forth inthe Contract except in those oases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item ls significant zn the opinion of the Engineer the unit przce shall be 8.4.2 8.4.3 subject to review to determine if a new unit price should be negotiated; or If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITYand~he Cont~a~tor~,0r, cost for supplies, to complete to cover the 8.4.3.1 8.4.3.2 8.4.3.3 8.4.3.4 8.4.3.5 be COSt proposes. have an the Order indicated that the Contract is State assisted, the Contractor's is. directed to the applicable rules ons relative to cost princ~es be used for the determinatioD of costs under grant. L fringe benefit costs on exceed forty (40) percent COSTS. shall~he Contractor and general overhead and profit in exceed fifteen (15) percent of cost of direct labor, fringe direct overhead, materials, equipment and directly related ADDENDUM NO. I CITY OF BOYNTON BEACH, FLORIDA ¢om m TY sLoc SRm T SUB AREA ' NO. i IMPROVEMENTS CITY OF BOYNTON BEACH PAU~ BEACH COUNTY, FLORIDA (PEASE I) DATE: February 6, 1992 PROJECT NO. 91-084 ARCHITECT/ENGINEER: GENERAL: Gee & Jenson Engineers-Architects-Plm. mers~ Inc. One Harvard Circle P.O. Box 24600 West Palm Beach, FL 33416-4600 This Addendum modifies, changes from or adds to the Drawings and Project Manual and shall become a part of the Contract Documents. Be Bidders shall ~ckmowledge r~ceipt of this Addendum in the ~sPace Provlde~.on the Bid Form. Failure to do~so may be cause for disqualification of Bidder. ADDENDUM ITEMS: Item No. 1: Construction Plans - Sheet 4 of 35 General Notes: Note #20, second sentence shall be revised to read; "the sleeves shall extend 5 feet beyond edge of pavement..." Item No. 2: B~id Item III Roadway Construction 12" limerock (primed). Alternates may be submitted by the Contractor for approval by the Engineer. Alternates must be equal to the bid specification and must meet City and County specification. Item No. A. 3: Construction Plans - Sheet L-8, 35 of 35 LandScape Material Schedule, Revision to Phase I Quan- tities. Canopy Tree.. .Phase I Subtotal 58 Pal' Tree .... ]]][[]]]].Phase I Subtotal 21 Flowering Tree ......... Phase I Subtotal 2 Beach .................. Phase I Subtotal 1 Pavers ................. Phase I Subtotal 44 SF END OF ADDENDUM Mike Kak~, P.E. City Engineer 91084 ADD 1-1 I ! TIME I I The undersigne~ Bidder agrees to commence work within 10 days after written Notice .to Pr~c~d, and fu~er agrees the en~'i~re 'Wd~k Within-/~-~ consecu- Proceed, I The · agrees ~_~t~_at this Bid shall be good and may not be l p~riod~df 30 days after the scheduled closing time for receiving bids. ! I I of forfeit tO the Owner, as liquidated the date estab- actual date work, the s~unt ADDENDA Bidder acknowledges the receipt of Addendum No.'s I I I ! Dated this SEAL By: I I I Title: Attachments: Subcontractor List Bid Security Trench Safety Act documentation Exhibit A 91084 BFU-2 EXHIBIT "A" CITY OF BOYNTON BEACH COMMUNITY DEVELOPMENT BLOCK GRANT IMPROVEMENTS SUB AREA NO.1 PHASE ONE r ITEM ESTIMATED UNIT ESTIMATED NO. DISCRIPTION QUANTITY UNIT PRICE AMOUNT PHASE ONE SUMMARY OF SUB-AREA I SITE PREPARATION REMOVE CONC.CU~RBS,APRONS & TREES 1 LS RELOCATION OF TRAFFIC SIGNS 1 EA R~L~CATION ~ ~IR~ ~YDRANT~ 2 EA RELOCATION OF METER BOXES 1 EA RELOCATIONOF FENCING 50 LF REMOVAL OF ASPHALT 6,679 SY II DRAINAGE SSSTOTAL SITE PREP. SPIRAi RIB PIPE a 15" S.P.R PERF. W/ TRENCM DRAIN 215 LF b 18" S.P.R PERF. W/ TRENCH DRAIN 400 LF c 15" S.P.R 372 LF d 18" S.P.R 572 LF STORM DRAIN STRUCTURES e INLET TYPE 9 19 EA. f CAP EXISTING INLET 3 EA. g STORM MANHOLE TYPE PT-T 17 EA. h CONTROL STRUCTURE WEIR 6 EA. i CONFLICT STRUCTURE 1 EA. j CONFLICT MODIFICATION "p" BOTTOM 5 EA. SUBTOTAL SITE DRAINAGE ! I ! I I I '1 ! I I I ! I I ! I I I III ROADWAY CONSTRUCTION ROADWAY EXCAVATION 4,494 1-1/2" ACSC type S-II 6,808 12" LIMEROCK (PRIMED) 6,808 CURB & GUTTER Type "F"(MODIFIED) 6,001 4 FT. CONCRETE SIDEWALK 90S CONCRETE REPAIR DRIVES/WALKS 1,250r ASPHALT REPAIR DRIVES/WALKS ADJUST MANHOLE TOPS ADJUST VALVE BOXES PAVEMENT MARKINGS AND SIGN~ Ri-l, STREET STOP SIGN 24" STOP BAR SUBTOTAL IV WATER DISTRIBUTi~N 1 :8 EA. ~,O-D O~ ? EA. EA. LF ROADWAY CONST . WATER SERVICE (MAIN TO RESIDENCE.) 20"x 6" TAPPING SLEEVE & VALVE 6"x 6" TAPPING SLEEVE & VALVE 1 EA. 6" D.I.P. WATER MAIN 355 LF D.I~P. FITTINGS 95~ LB WATER MAIN DEFLECTION HORIZ.& VERT ~i EA WATER MA~N DEFLECTION MECH. JOINT EA. WATER-SErVICE SLEEVE ~" PVC l~ ~A. V WASTE WATER COLLECTION SUBTOTAL WATER DIST~. 8"-0-8' DEPTH REMOVE & REPLACE 1,310 LF 8"-8-10' DEPTH REMOVE & REPLACE 200 LF DOUBLE SERVICES ( TIE-IN @ R/W ) 29 EA. SUBTOTAL WASTEWATER COLLECTION VI MISC. a CONCRETE,PARKING AREA b SEED & M~LCH c BAHIA SOD d ST: AUGUSTINE SOD e LANDSCAPE ** f MOBILIZATION g MAINTENANCE OF TRAFFIC h PERFORMANCE & PAYMENT BOND SUBTOTAL MISC. 446 SY 306 SY 770 SY 800 SY /~ i LS "" 1 LS ~.~ ~;~f~ , TO_TAL PHASE I ESTIMATED IMPROVEMENT COST FOR SUB-AREA I I I I TRENCH SAFETY AFFIDAVIT - UNIT PRICE FOR CITY OF BOYNTON BEACH COMMUNITY DEVELOPMENT BLOCK GRANT I~HPROVEM~NTS SUB-AREA NO. i PHASE ONE I Trench excavations on this Project are expected to be in excess of ~5 feet deep. The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpar~: P trench safety standards will be in effect during the period of construction of the Project. Bidder acknowledges tha.t lncluded in the various items of the Bid and in the Total Bid Price are uosts with the ~ october excavationwork trench identifies the costs Trench Safety Units. of Item Unit Measure Unit Extended CDescriDtion~ Quantity ~LF. SY) Cost Cost SASEBID ITEMS: Ce TOTAL $ _'~ / FAILURE TO COMPLETE THE ABOVE SHALL RESULT IN THE BID BEING DECLARED NON-RESPONSIVE. 91084 TSU-1 £n ~he p~esence of: Presiden= or Vice Presiden= .as tO .Contrac=or $=a=e of Florida administer oaths the me~,and they have Notary Public My Commission Expires: limprovement in accordance with a predetermined program, limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 Iff the evenn of any delay in City, its agents or shall be by E tO act or its agents request for all such time the projec= caused by any 'the sole remedy allocated to be claimed or awarded · in th~ project caused by an ~mployees. to timely process a constitute responsible for t5. the work Conditions. 15.4 For it~ architect, In signed these presents of this section the phrase "the City, shall not be limited to the the CITY year has caused these presents to be the City Clerk with has executed CITY OFIBOYNTON BEACH, FLORIDA City Manager Mayor Attest: City Clerk Approved as to Form: City AttQrney Signed, sealed and witnessed CONTRACTOR 1ALTDR 4/23/90 This page omitted from Bid packet, insert in Contract covenants of the contract, plans or specifications, or that he 'is executing the same in had faith or otherwise not in accordance with =he terms of the contract; if the work be not fully completed within =he time named for its completion or within the time =o which such completion da=e-may be extended; or if other Just causes exist, =hen work, contract its terms and the Contract in determination available as or a succession ~letion arranged of completion including term "balanc~ the don=tact and any by CITY 13<0CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONT~ shall 'supeTsede any and all documents executed between the pa~ies relative to =he project. In the event of any inconsistencies the terms, provisions and conditions set forth in the subjec= con=tact shall supersede all other 'documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all =he 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 9.2 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge cf 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 contract schedule~ at=ache~ as CONTRACTOR shall main=ain during the term of this Co~mnercial liability, motor vehicle, and property damage acceptable to the CITY, covering the work contracted and all and whenever any of the work covered CONTRACTOR'S contingent or protective Such insurance shall provide set forth on the insurance requirement Article "IX". 10 The of in cs be documented in a certificate cf the CITY of Boynton Beach~ shall be (15) days in advance of cancellation, Contractor agrees to furnish policies if acceptable. take all necessary precautions =o unnecessary noise in conjunction with Internal combustion engines used on · qulppe~ with mufflers, as required by Beach, and the COBTKACTOR shall comply this Code as they pertain ~o prevention or other construction equipment, use of Which is attended by loud or the hours of 6:00p.m. and 7:00 City Manager, and then only for in good condition 12.0 TERMINATION OF CONTRACT for the shall the work~ CONTRACTOR be Performed under the con=tact is assigned by provided for herein; if the COR'£~ACTOR should if a general assignment of his assets be made ~f his creditors; if a receiver should be appointed for of his property, if at any time the Engineer to the City Manager that the performance of con=tact is being unnecessarily delayed or that the is willfUlly violating any of the conditions, provisions, or 8.4~3.6 8.4.3.7 services supplied by him. Aong '=he it-~- considered as general overhead are bonds, insurance,incidental job burdens, superv=sion and general office expenses. s cos= for five (5) includin9 ~ profit. machinery such as mixers, as 8.4.3.8 be reviewed Contractor and records shall the work done under the of accepted by the and one copy 8.5 Claim Con=fac=or s=atemen=s shall be month in which the allowed unless the same claim presen=ed at the completed. .fred by the bills. Such for the work shall be oresaid an~the 9.0 PROJECT ENGINEER 9.1 The project engineer shall be Michael E. Kazunas, P.E. ~:, City Engineer