R92-10RESOLUTION NO. R92~/O
A RESOLUTION OF THE CITY COM~ISSION OF
THE CITY OF BOYNTON BEACH~ FLORIDA,
AWARDING THE BID FOR .THE RECREATION
ACTIVITY CENTER TO MILNE &
NICHOLLS; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND MILNE & NICHOLLS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Cor~mission of the City of Boynton
Florida, upon their review and the recommendation of
~ it to be in the best interests of the citizens
of the City of Boynton Beach to award the bid
~or the recreation activity center to Milne & Nicho!ls.
NOW, THEREFORE, BE IT RESOLVED BY THE C'ITY COMMISSION
OF THE CITY OF B~N~ON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
Boynton Beach, Florida, hereby awards the bid for the
recreation activity center to Milne & Nicholls.
Section 2. That the Mayor and City Clerk are
~ereby authorfzed and directed to execute a Contract between
the City of Boynton Beach and Milne & Nicholls.
Section 3. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this ~/ day of January, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor ' ~
%TTEST:
(Corporate
Rec .~ Act
01/3/92
2.0 SCOPE OF SERVICES
2.1 Contractor
supplies, machines,
insurance, and other
said p~0ject in accorc
th~
further agrees to
equipment, tools,
furnish all materia!sr
superintendents, labor,
:es to complete
~s and stated in
)ns ~
specifications for the project.
2.2 Ail the work l~abor
performed, and all Of
conformity with said
and consents to the condit~
specifications and expressly
and stipulation therein contained
contracting to do said work.
)rmed under.this cantract sha~l, be
in strict
accepts
and
compl~
b~: the party
2.3 THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and to do all the work above
mentioned in a first~class, sh~stantial and workmanlike manner, and in
conformity with the details for on file the
in the office of
Project Manager of the' strictly in acbordance with th~
specifications, ~eneral sti and plans which are hereb~
referred to and made ~a s contract, as well as to
satisfaction of City ofi,the sai~
CITY, and in stric directions which may ~e ~iven by
the said City Eng ~lzed ~epresentative, at and for the
prices herein plainly set forth.
2.4 Upon receipt of writtgn notification from the CITY, to
correct any defective or faulty ~ork or materials which may appear
within one (1) year after completion of the contract and r~ceipt of
final payment. Contractor shall make the necessary corrections within
ten (10) days of receipt of the written notice.
2.5 To comply~with the provisions of Section 215.19, Florida
Statutes, if applicable. ·
2.6 To pay promptly, before final settlement, any and all claims
or liens incurred in an~about this work. Furnish final release of
lien forms frOm all sub~0ntr~ctors and suppliers of materials. Forms
to be specified by:CITY.
2.7 The CONTRACTOR shall remove and clean up 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 Contr&ctor in cohnecti0n with the project promptly
as such section or portion is completed and ready for use, leaving the
~0/~/90
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to furnish all materials,
~upplies, machines, equipment, tools, superintendents, labor,
~nsurance, and other accessories and services necessary to complete
said project in accordance with the conditions and prices as stated in
the contract conditions, general conditions, supplemental conditions
and special conditions of the contract, plans 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.
2.2 All the work and labor performed under this contract shall be
performed, and all of the material furnished shall be, in strict
conformity with said plans and specifications, and contractor accepts
and consents to the conditions contained in said plans and
specifications and expressly agrees to comply with every requirement
and stipulation there~n contained to be performed by the party
contracting to do said work.
2.3 THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and to do all the work above
mentioned in a first-clas~, substantial and workmanlike manner, and in
conformity with the detai~s for said work on file in the office of the
Project Manager of the CITY and strictly in accordance with the
~-~pecifications, general stipulations and plans which are hereby
referred to and made a part of this contract, as well as to the
'satisfaction of the City commission and the Engineer of the said CITY,
~nd in strict obedience with the directions which may be given by the
said Engineer or his authorized representative, at and for the prices
herein plainly set forth.
2.4 Upon receipt of written notification from the CITY, to
correct any defective or faulty work or materials which may appear
Wlthin 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.
2.5 To comply with the provisions of Section 215.19, Florida
Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all claims
or liens incurred in and about this work. Furnish release of liens
forms from all subcontractors and suppliers of materials. Forms to be
specified by CITY.
2.7 The CONTRACTOR shall remove and clean up 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
cc-2
same in a neat and presentable condition. Payment of monthly or
partial estimates may be withheld until this has been done to the
satisfaction of the Project Manager. Final acceutance and payment for
the entire project will not be made until the si~e is satisfactory to
the CITY.
2.8 The CONTRACTOR shall at all times observe and comply with the
provisions of the charter, ordinances, codes ~and regulations of the
city of Bo!rnton Beach, Florida and all applicable State Laws, municipal
ordinances, and the rules and regulations of all authorities having
jurisdiction, over construction of the project skall apply to the
conEract throughout, and they will be deemed to be included in the
contract the same as though herein written out in full.
2.9 Upon complstion of the work, the
satisfy him-self, by examination
completed in accordance with the
documents. When the ~rchitect Engineer
ance~ thereof to~ the. city
such ~ommendation; present
1 for review and v~te
Architect Engineer shall
has.been fully
and contract
so ~isfie~, he shall
' iwh0 Shall, if he
~ayment application
to formally accept the project.
The right of genera~ supervision of the CITY as
hereinafter provided under "authority of the engineer" shall not make
the CONTRACTOR ani a~ent or employee ~of the CITY, b~t the CONTRACTOR
shall at all times, and in all respects have t~e~rights and liabilities
of an independent contractor.
2.10 After the cleaning up of the work, premises, streets, alleys,
manholes, catch basins, or other areas of structures tn anyway
connected with the performance of the contract, the work as a whole
shall be inspected ~y the Architect Engineer, and any workmanship or
materials found not meeting the requirements of the specifications
shall be removed by or at the expense of the contractor and good and
satisfactory workmanskip or material substituted therefor. All
settlement, defects ~or damage upon any part of the work shall be
remedied and made good by the contractor.
2.11 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.
3.0 COMMENCEMENT OF WORK
3.1 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 180 days for the
base contract, than 60 days for the Alternate I following the
commencement date as specified in same.
3.2 Time is the essence of the contract. In the event the
CONTRACTOR shall fail in the performance of the work specified and
required to be performed within the time limit set forth in the
contl~act, after due allowance for any extension or extensions of time
made in accordance with provisions hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and n0~,~
10/1/90
3
as a penalty, in the amount stipulated therefore in the Instruction
Bidders and other contract documents for each and every calendar da'
that the CONTRACTOR shall be in default of completion. The CITY shal
have the right to deduct said liquidated damages from any amount duel--
or that may become due the CONTRACTOR, or to collect such liquidated
damages from the CONTRACTOR or his Surety.
.3
the sum of
(:
daYs ~ Not:
Documents.
4.0 SUBCONTRACTOR APPROVAL
4,1 CONTR~CT~R sh~t!;
contract,
others as Arch
architect
unfit.
to pay, as liquidated, damages,
[ailure to begin within ten
the~work within specified calendar
to Proceed" as~ specified in the Bid
as soon as practicable, after ~signabure of
Engineer in writing of names of
· .fOr principal parts of work, and for~ such
5.0 CONTR~kCTOR,,RESPONStBI~ITY
The be responsible for initiating,
supervising'all safety precautions and
programs in connection with the performance of the Contract.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend
the CITY Architect 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.
10/1/90
6.2 Contractor shall indemnify and save harmless and defend City,
its agents, servants, and employees from and against any and all
causes, claims, demands, actions, losses, liabilities, settlements,
judgments, damages, costs, expenses, and fees (including without
limitation reasonable attorney's and appellate attorney's fees) 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 this contract or its
performa~ce~ The contractor and the City hereby agree and covenant
-that the ContractOr has incorporated in its original bid, which
of
provided for in this paragraph. It is the City's
.1 intention that this provision shall be enforceable
Shall'be in compliance with'Florida S~atute 725.05.
shall
provision, as well as the insurance prov3 are~ in
the .General Condition, Page 15 herein. Howeuer, the indemnification
provision, and the insurance provision contained in t~is~ohtrac~ are
not i~erdependen.t of each other, each one is separate and distinct
from tke Other.
obligation o~ the Contractor bo indemnify the City
is not subject to offset, limitation or deTense as a
available, to either the City,
7.0 PAYMENT BY CITY
7.1 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 specifications.
8.0 CHANGES IN THE WORK
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. All such work shall be
executed under the conditios of the original Contract. Any claim for
extension of time caused thereby shall be made, in writing, at the time
such change is ordered.
8.2 Ail change orders and adjustments shall be in writing and
approved by the City Manager of City Commission if required, otherwise,
no claim for extras will be allowed.
~0/~/90
PROJECT ENGINEER
9.1 The Architect Engineer shall be Gee and Jenson
9.2 The Architect Engineer shall have
direction cf ~he work. He is ~he agent of
provided in t~e~contract docun
the authority ~ .CITY to~ ~
request
CITY
f the cont=act.~
9.~ .. AS~ ' r is,~in~e
intez contract and
shall
performance .by b~
10.0 INSURANCE
~upervision and
'has
~;.~pon
to.stop
in$~e-the p~oper
but
to ~f~ithfut
10.1 The CONTRACTOR shall maintain during th~ term~ of this
contract commercial liability, motor vehicle, and property damage
insurance;.acceD~abte to.the CITY, covering ~he. work co~trac~d and all
operations in connection herewith, ~an~ whene=er any of the ~ co~ered
in the contract is~to be~ sublet, CONTRACTOR!S
liability and property damage insurance. S~
limits not less than those set forth on the insurance requiremen%'~-
schedule attached.
10.2 Required insurance shall be documented in a certificate of
~nsurance which provides that the CITY of Boynton Beach shall be
notified at least thirty (30) days in advance of cancellation,
nonrenewal or adverse change. Contractor agrees to furnish policies if
Certificate of Insurance is not acceptable.
11.0 GUARANTEE AND WARRANTIES
11.1
for one
require.
Ail the work shall be guaranteed to remain in
year from date of acceptance or longer as
good condition
specifications
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is asszgned by
the CONTRACTOR other than provided for herein; if the CONTRACTOR should
be adjudged as bankrupt; if a general assignment of his assets be made
for the benefit of his creditors; if a receiver should be appointed for
the CONTRACTOR or any of his property, if at any time the Architec
Engineer shall certify in writing to the City Manager that th
performance of the work under the contract zs being unnecessaril= ....
delayed or that the CONTRACTOR is willfully violating any of the
10/1J90
6
conditions, provisions, or covenants of the contract, plans or
specifications, or that he is executing the same in bad faith or
otherwise not in accordance with the terms of the contract; if the work
be not fully completed within the time named for its completion or
within the time to which such completion date may be extended; or if
other just causes exist, then the City Manager may serve ten (10) days'
writte~ -notice upon the CONTRACTOR of the intent to terminate the
for the CITY and if. the contractor shall not, prior to the
~ set .forth in such notice, take such
will, in ~he judgement of the city Manager,. insure the
possible:
the
a~y r~ght
ten
or
~the CONTRACTOR and
ice and
City
notice CITY'S
~10~,~.days of rece:~t~t of said
surety shall as expeditiously as
12.1.1 Compl'ete the contract in accordance with its terms and
conditi'o~s~ or
12.1.2 Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon determination by
Surety and the CITY of the lowest responsible bidder, make available as
work progresses (even though there should be a default or a succession
of defaults under the contract or contracts or completion arranged
under this paragraph) sufficient funds to pay the cost of completion
less 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 CITY to CONTRACTOR under the Contract and any
amsndments thereto, less the amount properly paid by CITY to
cONTRACTOR.
13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR
shall supersede any and all documenus executed between the parties
relative to the project. In the event of any inconsistencies the
terms, provisions and conditions set forth in the subject contract
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 the 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
10/1/90
7
improvement in accordance with a predetermined program, all such tim.
limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.I In the event of any~ delay in the project caused by any
act or omission of~ the City, its agents or employees, the sole remedy
available to Contractor shall be by extension of the time allocated to
complete the ~proje~ , damages shall be claimed or awarded
to Contractor in delay in the project causadby an
act or omission of the CITY, its agents or employees.
st~for
completis~
1~.3 A1
shall b~ ~a~e in a
time-to complete the work
¢~n~iti6~s.
15.4 For the purpose of this section the phrase "the City,
its agents and emplo¥ge~" shall inc'lu~e but shall ~ot be limited to the
architect, project manager, and consulting engineers.
10/1/90
In WITNESS WHEREOF, 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,
in the presence of:
/
sealed and witnessed
Attest:
Signed, sealed and witnessed
in the presence of:
State of Florida )
)SS:
County of Palm Beach )
CITY OF BOYNTON BEACH, FLORIDA
· ~. City ~ager
- ~/d~ ' Mayor
Approve2s ~jForm:
CONTRACTOR
Preside~'~ ~t~~
~s~ Contractor
Personally appeared before me duly authorized to
to me known to be the persons
foregoing instrument and have
executed same.
/
Expires /.,
MAGGIE LADDEN
Notary Public State o~ Ftodda
My Commission Ex~ires
Bonded Thru Age~'s Notary Broker's,ge
administer oaths
described herein and who executed the
acknowledged before me and they have
Commission
10/1/90
9