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R02-028 , u RESOLUTION NO, R02- oa.B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING BID#028-2821-02/KR FOR THE PRODUCTION WELL REHABILITATION, PART I AND PART II, TO DNERSlFlED DRll.LING CORPORATION AND MARINE ENGINEERING CONTRACTORS, INC,; AUTHORIZING AND DiRECTING THE MAYOR AND CITY CLERK TO EXE<WtE- SAID CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTNE DATE, WHEREAS, -upoJ]. rec;:otl1lnendation of staff, the City Connmssion of the City of Boynton Beach. does hereby approve the bid for the Production Well Rehabilitation,PiUt Ito Diversified Drilling Corporation, of Tampa, Florida, in the amount of $107,804,00 and Part IT to Marine Engineering Contractors, Inc. of Lake Worth, Florida, with an annual estimated expenditure of $100,000,00; and WHEREAS, This bid allows for Part I and Part IT to be awarded separately, as Part IT is on an as needed basis, and is in the best interest of the City, 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, ereby approves the bid for the Production Well Rehabilitation, Part I, to Diversified rilling Corporation, a copy of said Agreement is attached hereto as Exhibit "A", and art IT to Marine Engineering Contractors, Inc, Section 2. That this Resolution shall become effective immediately, Ii q 1 PASSED AND ADOPTED this ,q day of Febmary, 2002, FLORIDA ATTEST: , . Atll,j-t) Cit Clerk \\\\\\1\11111111111 'oS.... OJ N, /1/ (Co~Cjit'e']:d.u~~ ~ ~ ^' c..~o~Ark~"0"1o ~ _ -..., ~c~ '() ~ :A'" ~ _ i. eX' "" -~;;::::. ;::- "4." to '%.::: == 0 i~ \:: :::,.. '- f'.'::: ~ \ f)v ! ::: ~~\ AQi~:"pl ::: ~ V .Cc. 'l! ~c.O ~!i:! ~. "" ,,,' ."",~ s:Reso\B1d:"Award\Proau&iliii. wA~~~II 0/1, FLU ~\.\::-~ Ilf!ilHlll\H\\\\\ CITY OF BOYNTON BEACH, UiA... · )?J~fi~ff) ~ ~ ~ommis~ioner /~ r~ Commissioner ~~ '_~__"~"'~'''"_.>__~''''_"''"",,~,=_._,,'..o-.- Roa-oaB BID TITLE:PRODlTCTIONWRLL RRHAIULITATION, PART I HRHA fUI,ITATION OF PROllVCTION WEI ,I ,S. NOS. 1 S A Nll16 BID NUMBER: 028-2821-02/KR CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of 20_, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and DIVRRSIFTF.D QRTlJ ,ING CORPORATION, a Florida Corporation LX.J a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor ~ Check One hereinafter called "CONTRACTOR". WITNESSETH 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: PHODVCTION WRI ,I, ~RH ARn ,ITA TTON PART I - REHABILITATION OF PRODUCTION WELLS NOS. 15 AND 16 B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 21st day of.lA,NHARV, 2002, for the total bid amount of $ 107,804.00. C. On the 19th day of FF:RRHARV, 2002, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 9.0. calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-l 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 services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an 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. Advertisement for Bids 2,2,2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate bfInsurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2,2.10, Technical Specifications 2.2,11, Contract Drawings and Plans 2.2,12. Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranti.es C-2 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 proj ect 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 to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement 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, subst~tial 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 receipt 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 m~e the necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions 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 inap.d 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. 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 same in a neat and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8, Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. C-3 3.1.9. 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 ofthe Project within ten (10) 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 omissions 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 ofthis 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. COMMENCEMENTOFWORK 5.1. 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.~ calendar 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, after 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. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in 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. C-4 6. LIQUIDATED DAMAGES 6,1. The CONTRACTOR further agrees to pay $ 100.00 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 9..0. calendar days from the commencement date as indicated in the written ''Notice to Proceed". The CITY shall have. the. right. to deduct · said .liquidatyd damages from any amount due, or that maybt:lcomedue the CONTRACTOR, or to collect such liquidated damages from 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 t:lmployeesfrom 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 employee~ in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fet:ls (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 t:lmployees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration ill tht:l amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more. than the limits of insurance required of the CONTRACTOR by the Coutract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shallbe enforceable and said provision shall be in compliance with Se~tion 725.06, Florida Statute. C-5 8.3. The 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 i& 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 9.1. The CITY agrees to pay the CONTRACTOR in current funds for theperforrnance 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 order& and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 10.3. 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 unle&s 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 Dave McNahh, p,~- CH2M Hill. C-6 11.2, The Project Engineer shall have general supervision and direction 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 sh;;dl, 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 of the Contract. 11.3, As the ProjectEngineer is, in the first instance, the interpreter of the conditions of the contract andthejudgeofitsperformance, he shall side neither with CITY nor with CONTRACTQR, bIlt shall use his authQritypursuant to the Contract to enforce its faithful perfonrtanc;e by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendatiQns 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 construed 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 ofthe 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 purpose 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. C-7 15. REMEDY FOR DELAY 15,1, In the event of any delay in the proj ect caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by we.atherconditionsor unavailability of materials, the sole remedy available to CONTRACTOR ~hall be by extension of the time allocated to complete the project. 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 TIllS LIMITATION. ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INTIALS 15.3. Failure on the part of CONTRACTOR to 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. All 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. C-8 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 witnessed in the presence of: ~~- State of Florida ) ) ss: ) County of Palm Beach CITY OF BOYNTON BEACH, FLORIDA Vi ~ ~ /' Mayor ---- CONTRACTOR President or Vice President Attest as to CONTRACTOR 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 C-9