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R01-245RESOLUTION NO. R 01- ~ ¢~" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO.080-2821-01/CJD) TO AKA SERVICES, INC., IN THE AMOUNT OF $354,792.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WltEREAS, Procurement Services received and opened B mentioned project on August 15, 2001, and it was determined that A was the lowest, most responsive bidder who met and exceeded all speci NOW, THEREFORE, BE IT RESOLVED BY THE CIT3 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ds for the above (.A Services, Inc., fications; COMMISSION Section 1_. The City Commission of the City of Boymo Beach, Florida, hereby approves the award of a bid for Costa Bella Drainage Improyements, Boynton Beach, FL in the mount of $354,792 to AKA Services, Inc., and autttorizing the Mayor and City Clerk 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 imm PASSED AND ADOPTED THIS ~-~ Clerk ~diately. day of September. 20( I. C°mmissi°ner ~ IN WITNESS WHEREOF, the CITY has caused these presents To be signed by its Mayor, attested 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 FLORIDA in the presence of: ~ .~ .-.+.-~.-%5, ~ est: _-- Signed, sealed and wimessed in the presence of: CITY OF BOYNTON BEACH, L Mayor Approves to Form: ' Citp~tomey Contractor President or the Vice Presiden~ Attest as to Contractor C-13 State of Florida County of Palm Beach SS: ) On this __ day of authorized to administer oaths _, 20 , personally appeared before me duly [O me known to be the persons described herein and who executed the foreg~ and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 05/04/01 ktr dng instrument C-14 CONTRACT THIS AGRF. F, MENT, made and entered into this ~ day of ~_~}~ AiD. 20o_!,[ by and between the CITY OF BOYNTON BEACH, a municipa Florida, hereinafter called the "City" and AKA SERVICES, INC. a Florida Corporation ~ ) Check One a Florida General Parmership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WlTNESSETH That under the due procedure of law, bids were heretofore received by the Ci ~y Commission of said City for the performance of work and supplying materials, hereinaft~ described, and said Commission having canvassed said bids, had determined that the ~ id in the total amount of Three hundred and f'fftv four thousand, seven hundred atd ninety two dollars and 00/100 submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contra( NOW, THEREFORE, in consideration of these premises and the mutual cc covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire m CONTRACTOR and the CONTRACTOR does accel predicated upon the bid of the CONTRACTOR, dated Au which is hereby incorporated by reference into this agree CONTRACTOR does agree to furnish the necessary equipment, materials and supplies, etc., and to perform provided in the bid, contract documents, bond docume specifications for: ditions and d employ the the award, ust 15, 2001, lent, and the labor, tools, all the work ts, plans and Bid Title:COSTA BELLA DRAINAGE IMPROV Bid Number: #080-2821-01/CJD Project Number: STM013 City of Boynton Beach, Florida. all of which are incorpo~ reference at such unit prices/or lump sum prices CONTRACTOR'S bid totaling $354,792.00. EMENTS ated herein by specified in c-1 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supl; machines, equipment, tools, superintendents, labor, insuranc accessories and services necessary to complete said project i with the conditions and prices as stated in the contract condJ Conditions for Construction, and Supplementary Conditions Construction, plans which include all maps, plats, blueprint,, drawings and printed or written explanatory matter ttxereof ~ the bid, contract documents and specifications for the proje¢ 2.2 All the work and labor performed under this contract shall and all of the material furnished shall be. in strict conformiV plans and specifications, and CONTRACTOR accepts and conditions contained.in said.plans and specifications and er to comply with every requirement and stipulation therein co performed by the party contracting m do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equ: materials and supplies and to do all the work above mention class, substantial and workmanlike manner, and in conform5 detail for said work on file in the office of the City Enginee and strictly in accordance with the specifications, general st: plans which are hereby referred to and made a part of this c{ as to the satisfaction of the City Commission and City Engi City, and in strict obedience with the directions which may 1 City Manager or his authorized representative, at and for the plainly set forth. 2.4 Upon receipt of written notification from the CITY, to corre defective or faulty work or materials which may appear witl year after completion of the contract and receipt of final pa) CONTRACTOR shall make the necessary corrections with/ of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida S~ applicable. 2.6 To pay promptly, before final settlement, any and all claims incurred in and about tiffs work. Furnish release of liens fon subcontractors and suppliers of materials. Forms to be supp 2.7 The CONTRACTOR shall remove and clean up all rubbish, material, temporary structures, tools and equipment from st~ park~ ays and adjacent property that may have been used m the CONTRACTOR in connection with the project promptl lies, e, and other n accordance Iions, General for , and other s contained in performed. with said onsents to the ~ressly agrees ~tained to be p, ment, :d in a first- 5' with the : of the City ~ulations and ntract, as well teer of the said ye given by the prices herein :t any ~n one (1) menu ~ ten (10) days atutes, if or liens as from all ied by CITY. debris, excess eets, alleys, worked on by as such C-2 section or portion is completed and ready for use, leaving the same m a neat and presentable condition. Payment of monthly or partial estimates may be witkheld been done to the satisfaction of thc City Engineer. Final payment for the entire project will not be made until the sit~ to the CITY. 2.8 The CONTRACTOR shall at all times observe and cm provisions of the charter, ordinances, codes and regulations Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisf examination and test, that the work has been fully completel accordance with the plans, specifications and contract docur the City Engineer is so satisfied, he shall recommend accept the City Manager, who shall, if he agrees with such recomm present the final payment application to City Commission f( vote to formally accept the project. The right of general sup, CITY as hereinafterprovided under "authority of the engine make the CONTRACTOR an agent or employee of the CIT CONTRACTOR, shall at all times, and in ali respects have' liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, catch basins, or other areas of structure in anyway cormect¢ performance of the contract,: the work as a whole shall be in City Engineer, and any workmanship or material found not requirements of the specifications shall be removed by or at the CONTRACTOR and good and satisfactory workmanshi substituted therefor. All settlemen*, defects or damage upon work shall be remedied and made good by the CONTRACT 2.11 The CONTRACTOR will be held responsible for the care, [ condition of all work until final completion and acceptance will be required to make good at his own cost any damage c occumng from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under or before a date to be specified in the written "Notice to Pro CITY and to fully complete the project within 90 days follo commencement date as specified in same. until this has cceptance and is satisfactory aply with the of the City of , himself, by aents. When mce thereof to mdation, r review and awision of the er" shall not ~, but the he rights and 2anholes, [ with the ;pected by the neeting the the expense of ) or material any part of the OR. rotection and hereof, and hajury s contract on :eed" of the z~ing the C-3 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 contract, after due allowance for any extension or extensions of time made in accordance with her :in before set 3.3 forth, the CONTRACTOR shall be liable to the CITY, as liq damages and not as penalty, in the mount stipulated therefo Instruction to Bidder, Paragraph 24, or in other documents f( every calendar day that the CONTRACTOR shall be in defa~ completion. The CITY shall-have the right to deduct said liquidated dam amount due, or that may become due the CONTRACTOR, such liquidated damages from the CONTRACTOR or his Sc CONTRACTOR shall, as soon as practicable after signature confirm with City Engineer in writing, the names of subcont originally proposed for principal parts of work, and for such Engineer may direct. Contractor shall not employ any that £ may, within a reasonable time, object to as incompetent or a~ 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $250.00 per day damages, for failure to begin within ten (10) days of'`Notice or failure to complete the work within 90 calendar days frorr commencement date to be indicated in the written "Notice tc 5.0 PROTECTION OF EXISTING FACILITIES The CONTRACTOR warrants that prices include the protec continuous use of all existing sewers, conduits, drains, p~pes walks, bridges, guard rails and other construction encounter~ prompt repairing of any damage done to them during the prc work, or from insufficient support thereafter; also all the fill! backfilling, tamping, ramming, puddling and consohdating; 5.1 ~idated 'e in the each and dt of ges from any to collect rely. of contract, 'actors as ,thers as City ity Engineer unfit. liquidated ~ Proceed" he Proceed". ion and buildings, d, and the gress of the rig, ~e removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, eq materials and supplies~ etc. and the performance of the whot mentioned in the detailed plans and specifications necessary finished result~ and including all expense incurred in or in c( the suspension or discontinuance of the said work specified compliance with each and every one of the requirements of~ and for the maintenance of the entire work and construction condition and repair until final acceptance. :upment, work ro g~ve a nsequence of md a faithful he contract ha good C-4 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sitos of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transllortation of men and materials in connection therewith. The CONTRACIFOR shall give reasonable written notice in advance to the department 0fthe CITY having charge of any property, or Utilities owned by the CIT' owner or owners of public or private property or utilities wk be affected by the work to be performed under the contract, make all necessary arrangements with such department, dep owner or owners for the,removal and replacement or protecl property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless an, CITY, its agents, servants, and employees from and against demand, or cause of action of whatsoever kind or nature afl error, omission or negligent act of CONTRACTOR, its age~ employees in the performance of services under this Agreen t~ and to other en they shall md shall mments, ion of such l defend the any claim, sing out of .ts, servants, or tent. 6.2 6.3 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, settlemen s, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of wha soever kind or nature for damages to persons or property caused in whol ~ or in part by any act, omission, or default of the CITY, its agent~, servants or employees arising from this contract or its perfi.rmance. 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 CONTRAqTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall and said provision shall be in compliance with Florida Statu The execution of this Agreement by the CONTRACTOR slc CONTRACTOR to comply with the foregoing indemnificat as well as the insurance provisions which are set forth in A~ herein. However, the indemnification provision, and the in,, provision contained in this Contract are not interdependent each one is separate and distinct from the other. ~e enforceable te 725.06. all obligate [on provision, [rance .f each other, C-5 6.4 subject to any offset, limitation or defense as a result of any proceeds available to either the CITY or the CONTRACTOi The obligation of the CONTRACTOR to indemnify the CITY is not insurance 7.0 PAYMENT BY CITY The CITY agrees to pay the CONTRACTOR in current rum for the performance of the contract, subject to additions and deduct ons as provided in the specifications. 7.1 8.0 CItANGES IN THE WORK The CITY, without invalidating the Contract, may order ext make changes by altering, adding to or deducting from the v Contract sum being adjusted accordingly. All such work sha under the conditions of the original Contract. Any claim for time caused thereby shalt be made in writing at the time suc ordered. 8.1 All change orders and adjustments shall be in writing and a[ City Manager or City Commission if required, otherwise, nr extras will be allowed. 8.2 The General Contractor and all of his subcontractors shall b, and familiar with, the following conditions and procedures extra work under the Contract: 8.3.1 Any change order has to be recommended by the ( and officially approved by the City Commission be are taken to implement the change order. 8.3.2 a work or 'ork, the Il be executed ,xtension of change is 8.3.3 ~roved by the claim for 8.3.4 apprised of. overnmg 8.3 ty Manager bre any steps Should the CONTRACTOR or any of his subcontrs :tors commence with the work without making a claim it writing for unforeseen extra work he encounters, it will be eom trued as an acceptance and agreement by him that any such wo: k is required under the contract and no future claim for extras wi 1 be considered or allowed by the CITY. No claim for extra work will be allowed unless and for same by written Change Order has been obtaine City Manager or the City Commission of Boynton 1 necessary, which authorization will be signed by tb Changes in the work directed in writing by the CIT' Representative under the following procedures shal part of the Contract by a written Change Order. until authority from the leach, if ~ Mayor. become a c-6 8.4 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustmerits under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations andjusfifications for his consideration in preparing a Change Order to the Contract. The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be detenu/ned under one or more of the folloWing procedures l~efore ~ written Change Order is issued: 8.4.1 8.4.2 8.4.3 By such applicable unit prices, if any, as are set forth inthe Contract except in those cases where increases in q~antities exceed fifteen{15) percent of the original bid quantity and the total dollar change 0fthat bid item is significant in the opinion of the Engineer, th~ unit price shall be subject to revie' v to determine if a new unit price should be negotiated; or If no such unit prices are set fortt~ then by a lump unit prices mutually agreed upon by the CITY and t CONrTRACTOR; oi' m or other ~le By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, eqmpment and other ;ervices necessary to complete the work plus fifteen (15) pe] cent to cover the cost of general overhead and profit. For all labo. and foreman in direct charge 0ft~he authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually, engaged thereon. An upper lin~it of total cost and of profit shall be agreed upon and shall not be e~(ceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficienl pricing data,to enable the Engineer to deterr necessity and reasonableness of costs and ar proposed and the allowability and eligibilit~ proposed. cost and fine the IOunIS of costs 8.4.3.2 The CONTRACTOR shall have an accounti ag system which accounts for such costs in accordance with generally accepted accounting principles. TI ds system shall provide for the identification, accumul ttion and segregation of allowable and unallowable I ~ange Order COSTS. C-7 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable roles and regulations relative to c~st principles which must be used for the determination anti allowability of costs under granT. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor c0stI. ! 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen 8.5 (15) percent of the total cost of direct labor, benefits, direct overhead, materials, supplies and directly related services supplied by lain: items considered as:general overhead are bo insurance, ineidemal job burdens, supervisic office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost adn:duistering subcontracts exceed five (5) p subcontractors' cost not including subcontra 8.4.3.7 For special equipment and machinery such driven pumps, concrete mixers, trucks, and other equ'lpment, required for the economic~ of the authorized work, the CONTRACTOt~ payment based on the agreed rental price fo~ equipment and the actual time of its use on provided that the rental price shall not exce¢ rates published by the Equipment Guide Bo~ in the Blue Book, "Rental Rates for Constm Equipment". Rate shall be daily, weekly or appropriate. 8.4.3.8 Records of extra work do~e shall be review{ each day by the CONTRACTOR and the Er daily records shall clearly distinguish betwe done under the contract and that done under Order. Duplicate copies of the accepted dail be made, signed by the CONTRACTOR an~ and one copy retained by each. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by rec, Such statements shall be submitted for the current contract 55nge eqmpment Among the ids, a and general ."or ~,rcent of the :tots' profit. s power :actors, or I performance shall receive each item of ~e work ~ the current ~k Company :tion aonthly as d at the end of gineer. Such m the work the Change ~ records shall ~ the Engineer pted bills. tyment for C-8 the month in which the work was done. No claim for extra w allowed unless that same was ordered, in writing, as aforesai~ claim presented at the time of the first estimate after the wor~ completed. 9.0 PROJECt[ ENGINEER 9.1 The project engineer shall be SHALLOWAY, FOY, RAYi~ NEWELL, INC. - BRIAN LAMOTTE P.E. )rk shall be [ and the is ~AN & 9.2 The Engineer shall have general supervision and direction of The Engineer is the agent of the CITY only to the extent pm, contract documents and when in special instances he has the CITY to act, and in such instances he shall, upon request, sh( CONTRACTOR written authority. He has authority to stop t whenever such stoppage may be necessary to insure the prop of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the the contract and the judge of its performance, he shall side m CITY nor with CONTRACTOR, but shall use his power und contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 10.2 the work. · ided in the mthority by W ~e work r execution ,nditions of ither with the The CONTRACTOR shall maintain during the term of this c )ntract commercial liability, motor vehicle, and property damage im urance, acceptable to the CITY, covering the work contracted and ali operations connected herewith, and whenever any of the work in the cm ttract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not le~s than those set forth on the insurance requirement schedule attached as ~ttachment Required insurance shall be documented in a certificate ofingurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change, Contractor agrees to furmsh policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to l~revent the generation of loud, unnecessary noise in conjunction with hi~ operations at the work site. Internal combustion engines used with constmgtion equipment shall be equipped with mufflers, as required by th~ Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requiremer~ts of this Code as they pertain to prevention of no,se. No pile c-9 11.0 driver, excavating or other construction equipment, pneumatic hammer. derrick, the use of which is attend by loud or unusual noise, ~hall be operated between the hours of 6:00 P.M. and 7:00 A.M., ex¢ permission of the City Manager, and then only in case of err GUARANTEE AND WARRANTIES 11.1 Ail the work shall be guaranteed to remain in good conditio~ from date of acceptance. ept by whtten ergency. t for one year 12.0 TERMINATION OF CONTRACT 12.1 If the work to be p~formed under the contract is assigned 1: CONTRACTOR other than provided for herein; if the CON should be adjudged as bankrupt; if a general assignment of t made for the benefit of his creditors; if a receiver should be the CONTRACTOR or any of his property; if at any time th shall certify in writing to the City Manager that the perform: work under the contract is being unnecessarily delayed or th the FRACTOR is assets be ippointed for Engineer mce of the at the CONTRACTOR is willfully violating any of the conditions,] provisions, or covenants of the contract, plans or specifications, or that he ls executing the same in bad faith or other, vise not in accordance with th?torres of the contract; if the work be not fully completed within the time ~amed for its completion or within the time to which such completion dat ,' may be extended; or if other just causes exist, the City Manager ma."' serve ten (10) days' written notice upo~ the CONTRACTOR of the ir tent to term'mate the contract for the. CITY· and if the CONTRACT~ )R shall not, prior to the effective date oftema'mation set forth in such no ice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission md the City Manager may declare the co;atract terminated on the effecfix e date specified in such notice, or any date subsequent thereto. In~ ~e event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect sgch notice and stop work and cease to have any right to the possession of ttle ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety With written notice of the CITY'S action and the Surety shall with/n ten (t 0) days of receipt of said notice remedy ~e default or the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the contract in ~' with its tm-ms and conditions, and upon determinati and the CITY of the lowest responsible bidder, mai ccordance )n by Surety available as C-10 13.0 14.0 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 c~)sts and damages fcr which the Surety may liable hereunder, the amount set forth in the first paragraph h~eof. The term "balance of the contract used in this paragraph, shall mean the total amount 1 CITY to CONTRACTOR under the contract and an thereto, less the amonnt properly paid by CITY to CONTRACTOR. CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRAC OR shall supersede any and all documents executed between the parti ,~s relative m the project. In the event of any inconsistencies, the tom, as, pr )visions and conditions set forth in the subject contract shall supersede al other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and spec [fications herein, and of all the other contract documents relating to th~ times of performance and completion o£the work are for the purpose of enabling the CITY to complete the construction of a public improverr ent in accordance with a predetermined program, all such time lim ts are of the essence of the contract. price", as ,ayable by amendments 15.0 REMEDY FOR DELAY 15.1 15.2 In the event of any delay.in the project caused by any act or the CITY, its agents or employees, by the act or omission of party, or delay caused by weather conditions or unavailabilil the sole remedy available to CONTRACTOR shall be by ex' time allocated to complete the project. No monetary damage claimed or awarded to CONTRACTOR in association with ~ the project caused by an act or omission of the CITY, its age employees. Failure on the part of CONTRACTOR to timely process a re extension of time to complete the work shall constitute a w~ CONTRACTOR and CONTRACTOR shall be held respons completing the work within the time allocated by this contra )mission of any other f of materials, ension of the 5 shall be ny delay ~n [lis or quest for an ver by ble for 3t. C-II 15.3 Ail requests for extension of time to complete the work shall be made in accordance w/th the General Conditions for Construction. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers. c-12