R92-32RESOLUTION NO. R92~
A RESOLUTIDN OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND B. K. MARINE CONSTRUCTION,INC.
FOR DUNE RESTORATION AND OVERWALK CONSTRUCTION
AT THE CITY OF BOYNTON BEACH OCEANFRONT PARK;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
upon their review and the recommendation of staff, deems it to be in the
best interests of the citizens and residents of the City of Boynton Beach
to award the contract for dune restoration and overwalk construction at
the City of Boynton Beach Oceanfront Park to B. K. Marine Construction,
Inc. in the amount of $19,236.00; and
WHEREAS, the scope of work for the dune restoration and overwalk
construction at the City of Boynton Beach Oceanfront Park shall consist of
the following:
1. Walkover ramp and steps
2. Dune sand restoration
3. Sea oats revegitation
4. Walkover ramp
5. Landing and stairs
6. Mobilization/Demobilization/Bond
7. Ocean Ridge permits
8. Relocate sand fence
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI4HISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA THAT:
Section 1, The City Commission of the City of Boynton Beach, Florida,
hereby awards the contract for dune restoration and overwalk construction
at the City of Boynton Beach Oceanfront Park to B. K. Marine Construction,
Irc.
Section 2. That the Mayor and City Clerk are hereby authorized and
directed to execute a Contract between the City of Boynton Beach and
B. K. Marine ConstruCtion, Inc,, which contract is attached hereto as
Exhibit "A".
Section 3. This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED th1
__ day of February, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATT EST:
'- C~y Clerk
{Corporate
In WITNESS WHEREOF, the CITY has caused these presents to be
signed by its Mayor and City Manager, attested by the City Clerk with
the Corporate Seal of the said CITY and the CONTRACTOR has executed
these presents the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
Attest:
v~ City Clerk
Signed, sealed and
~of:
witnessed
/
/
State of Florida )
)ss:
County of Palm Beach )
C~i t y. ' 5~anager
Vice Mayor
F~rm:
.
Personally appeared before ~e duly authorized to administer oaths
to me known to be the persons described herein and who executed the
foregoing instrument and have acknowledged before me,and they have
execu ted same.
My Norway ~u~uc
EXPIRES: JULY 3, 199~. Commission
Expires: ~o~ r,~
10/1/90
CONTRACT
THIS AGREEMENT, made and entered into this ~ day of
~,~j~ , A.D. 19 ~,~ , by and between the CITY OF BOYNTON
BEACH., a municipal corporation of Florida, hereinafter call the "CITY
a Florid~ Corporation (_~/ Check one
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
hereinafter called "CONTRACTOR'r.
WITNESSETH
That under the due procedure of law, bids were heretofore
received by the City Coz~ission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, has determined that the bid in
the total amount of /~3~. D6)
submitted by the aforementioned CONTRACTOR was the best and
desirable bid submitted, and has authorized the execution of this
contract.
most
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 th9 award, predicated
upon the bid of the CONTRACTOR, dated ~.7--/~-/~ 1990, which is
hereby incorporated by reference into- this %~reement, 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~nd specific~tiqns
City 6f 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 totalling ($ /F~ )'
10/1/90
PA,~EO ~ /UX)PTEI) th~s
day of February, 1992.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
CO~mlssioner ~
Con~nlsstoner
ATTEST:
City Clerk
(Corporate Seal)
Commissioner
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 c0ntract conditions, supplemental general conditions and special
conditions of the contrac=, plans which include all maps, plats,
blueprints, and other drawings and printed Or written ~xplanatory
matter, thereof as contained in the bid, contract documents and
specifications for the project.
2.2 Ail the work and labor performed under this contract, shall be
be, in strict
accepts
and
and party
agrees =o furnish
to do all the
Proje~
specifications',
refer~ed to
sati~
and
all tools,
work above
and in
Of the
with the
are hereby
as to the
of the said
~ given by
the
CO]
ten
days of i
ng~if the CITY, to
or ' appear
.pt of
~ons within
provisions of Section 215.19,
Florida
~.6 To
or li~ns
lien forms
to he'specified
2.?
excess
streets, all
or
as such sec'
10/1/~0
before final settlement, any and all claims
about this work. Fur~ish final release of
subcontractors~ and ~UpPliers of materials. Forms
=ITY.
and clean up all rubbish, debris,
, tools and equipment from
~djacent property that may have been used
connection with the project promptly
is.cbmpleted and ready for use, leaving the
2
same in a neat and 9resentable condition. Payment of monthly or
partial estimates may be withheld until thls has been done to the
satisfaction of the Project Manager. Final accegtance and payment for
the entire 9roject will not be made until the site is satisfactory to
the CITY.
the
contract
¸to
the
of
t
shall
.ly
~ he~ shall
if he
ion
· ct.
CITY as
make
alleys,
,anyway
whole
or
.ions
and
any damage,
:'t~6~ ~make
the care,
on and
~ own Cost
3.1
on or
of the
followin
3'.2
Contractor hereby agrees to commence :work under this contract
~ 'tNotice to Proceed"
within days
n sa~e.
In the event the
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 provisions hereinbefore set forth, the
CONTRACTOR shall be liable tO the CITY, as liquidated damages and not
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as a 9enalty, in the amount stipulate~ therefore in the Instruction To
Bidders and other contract documents ~or each and every calendar day
that,the CONTRACTOR shall be in default of completion. 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 fromthe CONTRACTOR or his Surety.
3.3 The CONTRACTOR .further Pay, as liquidated damages,
the sum of for failure to begin within ten
(10) days and/or failure to complete the work within calendar
days from the date of-"Not~ce to Proceed" as specified in the Bid
Documents.
4.0'SUBCONTRACTOR APPROVAL
4.1 1!, as soon as practicable, after signature of
c( Engineer in writing Of names of
principal parts for such
, direct, and that
archil time, object to as ncc as
unfit;
5.0 CONTRACTOR RESPONSIBILITY
be responsible for initiating,
all safety precautions and
in connection with the performance of the Contract.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend
the CITY Architect its agents, servants, and employees from and against
any claim, demand, or cause of action of whatsoever kind or nature
arising out of error, omission or negligent act of Contractor, its
agents, servants, or employees in the performance of services under
this Agreement.
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6.2 Contractor shall indemnify and save harmless and defend City,
its agents, servants, and employees from and against any and all
causes, claims, demands, actiDns, losses, liabilities, settlements,
judgments, damages, costs, expenses, and fees (including without
limitation reasonable
whatsoever kind or
of
in
its
or its
ceYenant
which
of
and
and
shall
the
6.4 The ~ the City
as a
ret
:1
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 additlions, and deductions as
provided in the specifications.
8.0 CHANGES IN THE WORK
8.1 The CITY without invalidating the Contract, may order
work or make changes by altering, adding to or deducting from the work,
the Contract sum being adjusted accordingly. Ail such work shall be
executed under the conditios of the original Contract. Any claim for
extension of time caused thereby shall be made, in writing, at the time
such change is ordered.
8.2 Ail change orders and adjustments shall be in writing and
approved by the City Manager of City Commission if required, otherwise,
no claim for extras will be allowed.
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PROJECT ENGINEER
9.1 The Architect Engineer shall
Architect Engineer shall have general supervision and
di ~nt of CITY only to the extent
provided in the contract documents andwhen in special instances he has
9.3 As
per ~ both.
~with
the
its
but
10.0 INSURANCE
I0.1 The CONTRACTOR shall maintain during the term of this
contract commercial liability, motor vehicle, and property damage
insurance able to the CITY, covering the work contracted and all
.on herewith, and whenever any of the-work covered
is to be sublet, CONTRACTOR'S contingent or protective
1 and property damage insurance. Such insurance shall provide
limits not less ~han those se~ forth on the insurance requirement
schedule attached.
19~2 Required insurance shall be documented in a certificate of
i~sur~ee ~h~ch provides that the CITY of Boynton Beach shall be
notifii~ alt least thlrty (30) days in advance of cancellation,
~ mdverse chan~e. Contractor agrees to furnish policies if
of Insurance is not acceptable.
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 or longer as specifications
require.
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 Architect
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
10/1/90
conditions, provisions, or covenants of the contract, plans or
specifications, or that he is executing the same in bad faith or
otherwise not in accordance with the terms of the contract; if the work
be not fully completed within the. time- named for its completion or
within the time to which such date may be extended; or if
~r may days'
~ the
cont to the
such
e;
and
said
as
of
Compl~ete~ the-contract in accordance with its terms
or
its
under cOntract or contracts
suffic
and
in
sion
~etion
=luding
~lance
total
CITY to a~
by
thereto, less the amount properly CITY![~_
13.0CONTRACT CONTROLS
l~Jl The subject contract~, between the CITY and the CONTRACTOR
shall supersede any and all documents executed between the parties
relati%e to the project. In the event of any inconsistencies the
terms, provisions and conditions, set forth in the ..subjec~ contract
shall s~persede all other documents and shall be controlling
to
TIME OF ESSENCE
l~l:Inasmuch as the provisions hereof, and of the plans and
herein, and of all!~the other contract documents relating
:ompletion of the work are for the
g the CITY to, complete the construction of a public
10/1/90
7
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 an
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 Ail requests for extension of time to complete the work
shall be made in accordance with the General Conditions.
15.4 For the purpose of this spction the phrase "the City,
its agents and employee,s" shall include but shall not be limited to the
architect, project manager, and consulting engineers.
16. Role of the Architect.
Nothwithstanding any provision of these General Requirements,
the duties and responsibilities Of the Architect shall not
exceed the scope of responsibilities as set forth in the
Agreement between the Owner and Architect (AIA document
B141~. In the event these requirements specify action by the
Architect inconsistent with his ~greement with the CITY, then
that provision of these Requirements shall be modified by the
parties.
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8
In WITNESS WHEREOF, the CITY has caused these presents to be
signed by its Mayor and City Manager, attested by the City Clerk with
the Corporate Seal of the said CITY and the CONTRACTOR has executed
these presents the day and year herein before written.
~nessed CITY OF BOYNTON BEACH, FLORIDA
in the presence
City Manager
Attest:
City Clerk
CityAt~torney
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President of Vice President
Attest as to Contractor
State of Florida )
)ss:
County of Palm Beach )
Personally appeared before me duly authorized to
administer oaths
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.
Notary Public
Co~unission
My
Expires: 10/1/90
9