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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