R98-128RESOLUTION NO. R98-/,,f,~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID FOR THE MATERIALS AND
LABOR. TO REPLACE THE TRAFFIC DECK COATING
ON THE PARKING GARAGE AT CITY HALL (BID #064-
192-98/C]D) TO ATLANTIC WATERPROOFING, INC.,
IN THE AMOUNT OF $74,536.00; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND ATLANTIC WATERPROOFING,
INC., AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 28, I998, bids were opened by the Purchasing
Division and Atlantic Waterproofing, Inc., was selected as the most complete
and responsive bidder who met and exceeded' all specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION '
OF THE CZTY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of a bid for materials and labor to replace the traffic
deck coating on the parking garage at City Hall, to Atlantic WaterprOofing, Inc.,
Bid #064-192-98/CID, and authorizes and directs the Mayor and City Clerk to
execute an Agreement between the City of Boynton Beach and Atlancit
Waterproofing, Inc., a copy of which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS
ATTEST:
Cit~'Clerk
parking garage
day of August, 1998.
CITY BOYNTON BEACH
FLORIDA
Mayor
~i'ceMayor ~j
Pro Tem __
Con~ssioner
Commissioner
R98 ia8
23
CONTRACT
THIS AGREEMENT, made and entered into this 4TH day of AUGUST , A.D. 1998, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "City" and ATLANTIC WATERPROOFING, INC.
a Florida Corporation (_X_) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
hereinafter called "CONTRACTOR."
WITNESSETH
That under the due procedure of law, bids were heretofore received by the City Commission of
said City for the performance of work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, had determined that the bid in the total amount of
SEVENTY FOUR THOUSAND FIVE HUNDRED AND THIRTY SIX DOLLARS AND
00 /100 submitted by the aforementioned CONTRACTOR was the best and most desirable bid
submitted, and has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.1 The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid
of the CONTRACTOR, dated MAY 28, 1998, which is hereby incorporated by
reference into this agreement, and the CONTRACTOR does agree to furnish the
necessary labor, tools, equipment, materials and supplies, etc., and to perform all the
work provided in the bid, contract documents, bond documents, plans and specifications
for REPLACEMENT OF THE TRAFFIC DECK COATING ON THE PARKING
GARAGE AT CITY HALL, City of Boynton Beach, Florida, all of which are
incorporated herein by reference at such unit prices /or lump sum prices as specified in
CONTRACTOR'S bid totaling $74,536.00
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2.0 SCOPE OF SERVICES
2.1 CONTRACTOR further agrees to 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 conditions, supplemental general 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
therein 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- class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in the office
of the City Engineer of the City and strictly in accordance with the specifications,
general stipulations and plans which are hereby referred to and made a part of this
contract, as well as the satisfaction of the City Commission and City Engineer of the said
City, and in strict obedience with the directions which may be given by the City 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 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.
2.5 To comply with the provisions of Section 255.05, 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 supplied 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 same in a neat and presentable condition.
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Payment of monthly or partial estimates may be withheld until this has been done to the
satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be
made until the site 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 Boynton Beach, Florida.
2.9 Upon completion of the work, the City Engineer shall satisfy himself, by
examination and test, that the work has been fully completed in accordance with the
plans, specifications and contract documents. When the City Engineer is so satisfied, he
shall recommend acceptance thereof to the City Manager, who shall, if he agrees with
such recommendation, present the final payment application to City Commission for
review and vote to formally accept the project. The right of general supervision of the
CITY as hereinafter provided under "authority of the engineer" shall not make the
CONTRACTOR an agent of employee of the CITY, but the CONTRACTOR, shall be at
all times, and in all respects have the 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 structure in anyway connected with the performance of the
contract, the work as a whole shall be inspected by the City Engineer, and any
workmanship or material substituted thereof. 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 60 days 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 contract, after due allowance for any extension or extensions of time made
in accordance with herein before set forth, the CONTRACTOR shall be liable to the
CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the
special conditions or in other documents for each and every calendar day that the
CONTRACTOR shall be in default of completion.
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The CITY shall have the right to deduct said liquidated damages from any amount due, or that
may become due the CONTRACTOR, or to collect such liquidated damages from the
CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify
City Engineer in writing of names of subcontractors proposed for principal parts of work,
and for such others as City Engineer may direct, and shall not employ an that architect
may, within a reasonable time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay $ 250.00 per day as liquidated
damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to
complete the work within 60 calendar days from the commencement date to be indicated
in the written "Notice to Proceed."
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges and other
construction encountered, and the prompt repairing of any damage done to them during
the progress of the work, or from insufficient support thereafter: also all the filling,
backfilling, tamping, ramming, puddling and consolidating; the 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, equipment, materials and supplies, etc. and the performance of the whole
work mentioned in the detailed plans and specifications necessary to give a finished
result, and including all expense incurred in or in consequence of the suspension or
discontinuance of the said work specified and a faithful compliance with each and every
one of the requirements of the contract and for the maintenance of the entire work and
construction in good condition and repair until final acceptance.
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 sites of the work being
performed under the contract, or which are in any manner affected by the prosecution of
the work or the transportation of men and materials in connection therewith. The
CONTRACTOR shall give reasonable written notice in advance to the department of the
CITY having charge of any property or utilities owned by the CITY and to other owner
or owners of public or private property or utilities when they shall be affected by the
work to be performed under the contract, and shall make all necessary arrangements with
such department, departments, owner or owners for the removal and replacement or
protection of such property or utilities.
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6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of action
or whatsoever kind or nature arising from out of error, omission or negligent act of
CONTRACTOR, its agents, servants, or employees in the performance of services under
this Agreement.
6.2 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 fees (including
without limitation reasonable attorney's 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 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 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
be enforceable and said provision shall be in compliance with Florida Statute 725.06.
6.3 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 Article "A" herein. However, the
indemnification provision, and the insurance provision contained in this Contract are not
interdependent of each other, each one is separate and distinct from the other.
6.4 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.
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 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.
8.2 All change orders and adjustments shall be in writing and approved by the City
Manager or City Commission if required, otherwise, no claim for extras will be allowed.
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8.3 The General Contractor and all of his subcontractors shall be appraised of, and
familiar with, the following conditions and procedures governing extra work under the
Contract:
8.3.1 Any change order has to be recommended by the City Manager and
officially approved by the City Commission before any steps are taken to
implement the change order.
8.3.2 Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him that any
such work is required under the contract and no future claim for extras will be
considered or allowed by the CITY.
8.3.3 No claim for extra work will be allowed unless and until authority for
same by written Change Order has been obtained from the City Manager or the
City Commission of Boynton Beach, if necessary, which authorization will be
signed by the Mayor.
8.3.4 Changes in the work directed in writing by the CITY'S Representative
under the following procedures shall become a part of the Contract by a written
Change Order.
8.3.5 Information regarding changes in the work involving claims to the CITY
for additional work, credits, and/or adjustments under the contract shall be
promptly transmitted in writing by the General Contractor to the CITY'S
Representative with full explanations and justifications for his consideration in
preparing a Change Order to the Contract.
8.4 The value of any change ordered under the Contract for extra work and/or any
reductions in work required, shall be determined under one or more of the following
procedures before a written Change Order is issued:
8.4.1 By such applicable unit prices, if any, as are set forth in the Contract
except in those cases where increases in quantities exceed fifteen (15) percent of
the original bid quantity and the total dollar change in that bid item is significant
in the opinion of the Engineer the unit price shall be subject to review to
determine if a new unit price should be negotiated: or
8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices
mutually agreed upon by the CITY and the CONTRACTOR; or
8.4.3 By cost reimbursement which is the actual cost for labor , direct overhead,
materials, supplies, equipment and other services necessary to complete the work
plus fifteen (15) percent to cover the cost of general overhead and profit. For all
labor and foreman in direct charge of the authorized operations, the Contractor
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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 limit of total cost and of profit shall be agreed upon and shall
not be exceeded unless approved by the CITY.
8.4.3.1 The contractor shall submit sufficient cost and pricing data to
enable the Engineer to determine the necessity and reasonableness of costs
and amounts proposed and the allowability and eligibility of costs
proposed.
8.4.3.2 The CONTRACTOR shall have an accounting system which
accounts for such costs in accordance with generally accepted accounting
principles. This system shall provide for the identification, accumulation
and segregation of allowable and unallowable Change Order costs.
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 rules and
regulations relative to cost principles which must be used for the
determination and 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 costs.
8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general
overhead and profit in the aggregate exceed fifteen (15) percent of the
total cost of direct labor, fringe benefits, direct overhead, materials,
supplies, equipment and directly related services supplied by him. Among
the items considered as general overhead are bonds, insurance, incidental
job burdens, supervision and general office expenses.
8.4.3.6 In no case shall the CONTRACTOR'S cost for administering
subcontracts exceed five (5) percent of the subcontractors' cost not
including subcontractors' profit.
8.4.3.7 For special equipment and machinery such as power driven pumps,
concrete mixers, trucks, and tractors, or other equipment, required for the
economical performance of the authorized work, the CONTRACTOR
shall receive payment based on the agreed rental price for each item of
equipment and the actual time of its use on the work provided that the
rental price shall no exceed the current rates published by the Equipment
Guide Book Company in the Blue Book, "Rental Rates for Construction
Equipment." Rate shall be daily, weekly or monthly as appropriate.
8.4.3.8 Records of extra work done shall be reviewed at the end of each
day by the CONTRACTOR and the Engineer. Such daily records shall
clearly distinguish between the work done under the contract and that
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done under the Change Order. Duplicate copies of the accepted daily
records shall be made, signed by the CONTRACTOR and the Engineer
and one copy retained by each.
8.5 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 that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be BILL DEBECK, FACILITIES MANAGER .
9.2 The Engineer shall have general supervision and direction of the work. He 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 written authority. He has authority to stop the work
whenever such stoppage may be necessary to insure the proper execution of the contract.
9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the
contract and the judge of its performance, he shall side neither with CITY nor with
CONTRACTOR, but shall use his power under the contract to enforce its faithful
performance by both.
10.0 INSURANCE
10.1 The CONTRACTOR shall maintain during the term of this contract commercial
liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering
the work contracted and all operations connected herewith, and whenever any of the work
in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and
property damage insurance. Such insurance shall provide limits not less than those set
forth on the insurance requirement schedule attached as exhibit "A" .
10.2 Required insurance shall be documented in a certificate of insurance 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 furnish
policies if Certificate of Insurance is not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at the work site.
Internal combustion engines used with construction equipment shall be equipped with
mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR
shall comply with all requirements of this Code as they pertain to prevention of noise. No
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pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the
use of which is attend by loud or unusual noise, shall be operated between the hours of
6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then
only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned 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
Engineer shall certify in writing to the City Manager that the performance of the work
under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully
violating any of the conditions, provisions, or covenants of the contracts, 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, the City Manager may serve ten (10) days' written notice upon
the CONTRACTOR of the intent to terminate the contract for the CITY and if the
CONTRACTOR shall not, prior to the effective date of termination set forth in such
notice, take such measures as will, in the judgment of the City Manager, insure the
satisfactory performance of the work, the City Commission and the City Manager may
declare the contract terminated on the effective date specified in such notice, or any date
subsequent thereto. In the event of such termination, the City Manager shall notify the
CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such
notice and stop work and cease to have any right to the possession of the 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 within ten (10) days of
receipt of said notice remedy the 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 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 liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the contract price," as
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used in this paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the contract and any amendments 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 documents 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 improvement in accordance with a predetermined program, all such time limits are
of the essence of the contract.
15.0 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, the sole remedy available to CONTRACTOR shall be by
extension of the time allocated to complete the project. No monetary damages shall be
claimed or awarded to CONTRACTOR in association with any delay in the project
caused by act or omission of the CITY, its agents or employees.
15.2 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.
15.3 All requests for extension of time to complete the work shall be made in
accordance with the General and Special Conditions.
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.
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IN WITNESS WHEREOF, the CITY has caused these presence 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 CITY OF BOYNTON BEACH, FLORIDA
in the presence of
(--— a Ir �, � f /77,
ayor
' '' ? te r /�
Attest: App ved as to Form:
— 0 :0
City Clerk City A rney �i'' '''',pl FLOC;`O��``��
NIf 111111
Signed, sealed and witnessed Contractor
in the presence of:
t?'4.-.k__&e
President of the Vice esident
Attest as to Contractor
State of Florida )
) ss:
County of Palm Beach )
Personally appeared before me duly authorized to administer oaths Joe Z. & f 1-( '(
to me known to be the persons described herein and who
executed the foregoing instrument and have acknowledged before me and they have executed
same.
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Oja (At PLVort
Notary Public
- -
OFFICLAI, NOTARY LAL
1 C.A_AUTITANTE PARANT
My Commission Expires: •Tt, , 2, :I- :711 ( 2 , 4' , -"LORIDA
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11/15/96 nc