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2008-029 Lighthouse Drive & Monet Road Bridge Repairs• RESOLUTION 2008-29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY C. E. M. ENTERPRISES, INC. FOR REPAIRS TO THE LIGHTHOUSE DRIVE AND MONET ROAD BRIDGES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village issued an Invitation for Sealed Bids for repairs to the Lighthouse Drive and Monet Road bridges ("ITB") and received seven bids in response to the ITB; and WHEREAS, Village Administration reviewed each of the bids and recommended accepting the lowest responsive bid submitted by C. E. M. Enterprise, Inc. in the amount of $120,170.00; and WHEREAS, based on such recommendation, the Village Council determines the acceptance ofthe bid submitted by C. E. M. Enterprises, Inc. is in the best interests ofthe Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals aze ratified as true and are inwrporated herein. • Section 2. The Village Council hereby accepts the bid submitted by C. E. M. Enterprises, Inc. for repairs to the Lighthouse Drive and Monet Road bridges in an amount not to exceed $120,170.00, with funds expended from Account No. A7321-66210 (Construction & Major Renovation -Street Maintenance Department). Section 3. The Village Council authorizes and directs the Mayor and Village Clerk to execute a contract with C. E. M. Enterprises, Inc. for such services. A copy of the contract, which was included in the ITB, is attached hereto and incorporated herein. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 8th DAY OF MAY, 2008. (Vi~lage;Seal) a%U~T~vs' ~~~~~~1/.-2.~ MAYOR ATT)ST`:' ' • VILLAGE CLERK SECTION 00520 AGREEMENT THIS AGREEMENT is by and between The Village of North Palm Beach (Owner) and CEM ENTERPRISES INC (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 -WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. ARTICLE 2 -THE PROJECT 2.01 The Protect for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Lighthouse Drive and Monet Road Bridge Repairs ARTICLE 3 -ENGINEER 3.01 The Project has been designed by Engenufty Group, Inc. (Engineer), who is to act as Owners representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance wdh the Contract Documents. ARTICLE 4 -CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Subsiantial Completion, and completion and readiness far final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 90 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, end completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 104 days aRer the date when the Contract Times commence to run. 4.03 Liquidated Damages Copyrlghl 8 2002 Nelionn13ucicfy of Proressionul Engineers for EJCDC. All rights reserved. A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article t2 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $250.00 for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $250.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 -CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Dowments an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs S.O1.A, below. A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in Contractor's Bid, attached hereto as an exhibit. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions. ARTICLE 6 -PAYMENT PROCEDURES 6.01 Submdtal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 1st day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements: Copyright B 1002 Kntionel Soelety ar Prnfwionnl Engineers for EJCDC. All rlglrb roervrd. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, In each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, In accordance with Paragraph 14.02 of the General Conditions: a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.6.5 of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 -NOT USED ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data ident~ed in the Bidding Documents. 6. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Stte conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurtace conditions at or contiguous tD the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, ii any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.Ofi of the General Condtions. Copyright82p02 National Socidy or Prartv(onnl Epgine<rs for EICDC. All righn rrsrvetl. E. Contractor fias obtained and carerully studied (or assumes responsibility for doing so} all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, end Underground Fadldies) at or contiguous to the SRe which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of constra,dion to be employed by Contractor, including any spedflc means, methods, techniques, sequences, antl procedures of construction expressly required by the Bidding Documents. and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, ar data are necessary for the performance of the Work at the Contract Price, within Cie Contract Tmes, and in accordance with the othertenns and conditions of the Contract Documents. G. Cordrettor is aware of the general nature of work Id be performed by Owner antl others at the Site that relates to the Work es indicated in the Contract Documents. H. Contractor has correlated the information known to Contractor, information antl observations obtained from vis+ts to the Site, reports and drawings tdentmed in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contend Documents. I. Contractor has gwen Engineer written notice of all antfids, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resoludan thereof by Engineer is acceptable to Cantredor. J. The Contract Documents are generally sufficient to indicate and convey understanding of ail terms and conditions for performance and famishing of the Work. ARTICLE 9 -CONTRACT DOCUMENTS 9.g1 Conterds A. The Contract Documents consist of the following: 7. This Agreement (pages ~ to 7, inclusive). 2. Performance bond (pages 1 to 2, inclusive). 3. Payment bond (pages 1 to 2 Inc[usive). 4. r3eneralCOndittons (pages 1 t0 ¢],, inclusive). 5. Supplementary Conditions (pages 1 to 3, incusive). 6. Speeiflcafions as listed in the table oP contents of the Project Manual. 7. Addenda (numbers 7 to., 1 , inclusive}. e. Contractor's Bid (pages 1 to 5, inclusive). CoPyrglq B 2W2 NAtipnv Sncie,y o! PraAnio,ul GSbroaS Wr HJCn(.J. All HRMS rnerra,[. 9. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed (pages _ to _, inclusive). b. Work Change Directives. c. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only 6e amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 -MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto eT any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such wnsenl (except to the extent that the effect of this restriction may be limited by law), and unless spec~cally stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respell to alt covenants, agreements, and obligations contained in the Contrail Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to 6e vcld or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions Copyright B 3g021Vfl1ione15aeleh of Profnsional Engineers for EJCDC. All right ratrvcC. A. Unless otherwise provided herein, if any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and costs, including appellate fees and costs, incurred in that action or proceeding, in addition to any other relief to which such party may be entitled. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identifed by Owner and Contractor or on their behalf. This Agreement will be effective on _, _ (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: ;~_.e~~~/~~~/~/ ~/f,,/,~~ ` CEM ENTERPRISES INC ~~~~~~~ Title: ~~iwy~~ Title: PRESIDENT i ~~ ,' [C R~PO®R~AJTESE~Ay~y~ : ern ~Afteat: ~~G~Gw"^^' Q" ~/ Title: ,,,.~~'~Addressforgivingnotices: ~oP Gl•Sa /f~y~i,~1~/ ~G ~~3~0~-~9alo (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-Contractor Agreement.) [CORPORATE SEAL] Attest: Title: SEC ETARY Address far giving notices: 1757 BENBOW COURT APOPKA, FL 32703 License No.: CGC057992 (Where applicable) Agent for service or process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Copyright 8 3001 NaDOnal Society of Professlmel Englneem for EJCDC. All rightt reserved.