R01-321 RESOLUTION NO. R 0l-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLOKIDA, APPROVING
THE AWAPJD OF A BID (NO. 001-2413-02/KR) TO
MEGAN SOUTH, INC., OF DAVIE, FLOR:IDA, IN THE
AMOUNT OF $926,652 FOR THE SEACREST
ESTATES WATER MAIN REPLACEMENT AND
SWALE IMPROVEMENTS; AUTHORIZING THE
MAYOR TO EXECUTE SAID CONTRACT; AND
PROVIDING AN EFFECTIVE DATE.
WtIEREAS, Bids for the above referenced project were received on November
15, 2001, and it was determined that Mcgan South, Inc., was the most responsive bidder
:oho met and exceeded all specifications;
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 Boymon Beach, Florida,
hereby approves the award of a bid to Megan South, Inc., in the amount of $926,652 for
the Seacrest Estates Water Main Replacemant and Swale Improvements, and authorizes
the Mayor 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 immediately.
PASSED AND ADOPTED THIS lib day of December, 2001.
Ma~~A~TCITY O~ BOY]~FON~RDA
Vice Mayor
Commissioner
Co '§s' /~//
ommi.,a~ner ~ C/ ~
BID TITLE:
BID ~JMBER:
SEACREST ESTATES WATER MAIN REPLACEMENT AND SWALE
IMPROVEMENTS
001-2413-02/KR
CITY OF BOYNTON BEACH FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this l~ day of '~?.~m[~'
20 . , by and between the CiTY OF BO .YN?ON BEACH, a municipal corporation of Florida~
hereinafter'called the "CITY" or "OWNER" and MEC~N ~['H ITH-~ INC.
a Florida Corporation (_X _)
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
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:
SEACREST ESTATES WATER MAIN REPLACEMENT
AND SWALE IMPROVEMENTS
Conwactor, in compliance with the bidding requirements announced by the City, submitted
a bid on the 15th day ofNOVF..MllER. 2001, for the total bid amount of $_92(t,ir52A~
On the lgth day of I)F..CF.1VHIF. R.. 2001, the City Commission designated contractor as
having sUbmitted the bid that was most advantageous to the City and authorized the
execution of ti'ds Agreement.
The Parties agree that the Project is scheduled to be completed within 180 calendar days of
the issuance of the Notice to Proceed, subject to CITY approved time extensmns. 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:
I.~ AGREEMENT
1.1. The Parties agree that:
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1.1.I. The foregoing recitations contained in Paragraphs A-C are tree and correct
and incorporated herein by this reference.
1.1.2.
1.1.3.
The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
Th~ CONTRACTOR does accept this Contract and does agree to fum/sh
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
documentsl
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
2.2.6. Construction Contract
2.2.7. Certificate of Insurance
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 warranties
be to section numbers
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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 project 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 conu:act and all of the
materials furnished shall be in strict conform/ty with the Contract
Documents. CONTRACTOR. further accepts and consents to the
comtitions 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, substantial 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 ail work and materials for a period of one ( 1 ) year. Upon receipt
of written nOtification fi:om the CITY, CONT41.ACTOR 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 make the necessary corrections within ten (10) days
of receipt of the written notice. Comply wi~ the provisions of Section
255.05, Florida Statutes, if appiica~le, p~ay promptly, before fmai
settlement, any and all claims or liens by subcontractors or material
suppliers, incurred in and 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 dean 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 secuon or portion ~s
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 Boyuton Beach, Florida.
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3.1.8. Obtain written approval fi:om the CITY of all subcontractors not disclosed
in the Contractor's bid document.
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
eqmred security for performance of the 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
reqmred to make good at his own cost any damage or injury occurring fi'om 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 (I 0) days fi:om the
execution of this 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. COMMENCEMENT OF WORK
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 180 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
m accordance with the Contract Documents, the CONTRACTOR shall be liable
m 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.
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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 fi'om 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 t/me, object to as incompetent or
as until.
6. LIQUIDATED-DAMAGES
The CONTRACTOR further agrees to pay $_259~ 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 180 calendar days
from the commencement date as indicated in the written "Notice to Proceed".
The CITY shall have the right to deduct said liquidated darn,ges from any mount
due, or that may become due 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 opemtious 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 employees from and against any claim, demand, or caus~ 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.
8.2.
CONTRACTOR shall indemnify and save ham-dess 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
fees (includ/ng 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 employees arising from this contract or its
performance. The CONTRACTOR. and thc 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 in the amoun~ of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph.
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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 Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
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 is separate and distinct t~om the
other.
8.4.
The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limilation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
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 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 orders 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 unless 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 C. tt2M l-lill: 800 Fairway i~rive: Shire
]Deerfield llaaeh.. ~[, 33441
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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 shall, 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 Project Engineer is, in the first hastance, the interpreter of the conditions of
the contract and ~the judge of ? perfommnce, he shall side neither with CITY nor
with CONTRACTOR, but sliall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations 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 (G-C-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 cortflict 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 of the 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.
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15. REMEDY FOR DELAY
15.1.
In the event of any delay in the project 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 QONTRACTOR, his agents, employees or subcontractors, or delay
mused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
15.2.
NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR ~ ASSOCIATION WITH ANY DE .L~_Y IN THE PROJECT
ACT OR_ OMISSION OF THE CITY, ITS AGENTS OR
THIS LIMITATION ON
~i~HiCOVERY ~ ASSUMES ALL MONETARY RISK 3;SSOCIATED WITH
S LIMITg2TIoN.
CONTRACTOR hereby acknowledges that he has read and understands the
above p ov,slon.
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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.
15.5.
All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction (GC 24)
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,
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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 writtem
Signed,. sealed and witnessed
in the presence of.'
Attest:
City Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Signed, sealed and wimessed
in the presence of:
CONTRACTOR
President or Vice President
Attest as to CONTRACTOR
State of Florida
Cotmty of Palm Beach
SS:
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
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