R2019-33 Installation of Floating Docks at Anchorage ParkRESOLUTION 2019-33
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD
TO MURRAY LOGAN CONSTRUCTION, INC. FOR THE ANCHORAGE
PARK FLOATING DOCK INSTALLATION AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE THE CONTRACT;
WAIVING THE VILLAGE'S PURCHASING POLICIES AND PROCEDURES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village issued two Requests for Proposals for the Anchorage Park floating dock
installation project, and the bid proposals received in response to the RFP's were well in excess
of the $200,000 budgeted for the project; and
WHEREAS, Village Staff negotiated a contract directly with Murray Logan Construction, Inc. at
a total cost that is significantly less than the lowest bid proposal received in response to the
competitive solicitations issued by the Village; and
WHEREAS, based on the foregoing, the Village Council wishes to waive the Village's
purchasing rules and regulations, which generally require competitive solicitation for purchases
that are budgeted to exceed $25,000; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a contract with Murray Logan Construction, Inc.
for the installation of docks at Anchorage Park in the amount of $321,002.00, with funds
expended from Account No. I7321-66210 (Public Works — Construction & Major Renovation).
Including contingency, the total project budget shall be $353,000.00. In awarding this contract,
the Village Council waives the Village's purchasing rules and regulations.
Section 3. Village Council authorizes the Mayor and Village Clerk to execute a contract with
Murray Logan Construction, Inc., a copy of which is attached hereto and incorporated herein.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 11TH DAY OF APRIL, 2019.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
CONTRACT
This Contract is made as of the L1_ day of , 2019, by and between the
VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation, hereinafter referred to as
the VILLAGE, and MURRAY LOGAN CONSTRUCTION, INC., a Florida corporation,
hereinafter referred to as CONTRACTOR, whose Federal Employer I.D. is 59-1208353.
WHEREAS, the VILLAGE wishes to retain the services of CONTRACTOR to furnish labor,
materials and equipment to install VILLAGE purchased floating docks, gangways, pile guides,
cleats and ladders at Anchorage Park; and
WHEREAS, CONTRACTOR agrees to perform such services in accordance with the terms and
conditions set forth in this Contract.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained and
other good and valuable consideration, the receipt of which is hereby acknowledged by both
parties, the VILLAGE and CONTRACTOR agree as follows:
ARTICLE 1. SERVICES OF THE CONTRACTOR.
A. CONTRACTOR shall provide all goods and services as set forth in the Technical
Specifications attached as Exhibit "A" and incorporated herein by reference ("Work") and in
accordance with the plans prepared by Sea Diversified, Inc. dated December 12, 2018 and Florida
Department of Environmental Protection Permit No. 50-0279861, which are also incorporated
herein by reference.
B. CONTRACTOR shall utilize that degree of care and skill ordinarily exercised, under
similar circumstances, by reputable members of its profession practicing in the same or similar
locality at the time the Work is provided.
ARTICLE 2. TERM/COMMENCEMENT DATE.
This Contract shall become effective as of the date set forth above and shall remain in effect until
all work is completed and the warranty period has expired. Any variation to the terms and
conditions set forth herein shall be in writing and signed by both parties. All Work shall be
completed within ninety (90) days of the issuance of a Notice to Proceed.
ARTICLE 3. VILLAGE'S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE's representative shall be the Village
Public Works Director.
ARTICLE 4. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR in an amount not to exceed Three
Hundred Twenty -One Thousand and Two Dollars and No Cents ($321,002.00). The total and
cumulative amount of this contract shall not exceed the amount of funds budgeted for these services.
B. CONTRACTOR shall submit an invoice(s) to the VILLAGE for said compensation on the
date and time mutually agreed upon by the VILLAGE and CONTRACTOR. All invoice(s)
received from CONTRACTOR pursuant to this Contract will be reviewed and approved by the
VILLAGE's representative, indicating that goods and services have been provided and rendered in
conformity with the Contract and then will be sent to the Finance Department for payment.
Invoices will normally be paid within thirty (30) days following the VILLAGE representative's approval.
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C. Services undertaken or expenses incurred that exceed the amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the sole liability of CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state "final invoice" on CONTRACTOR's final/last billing to the VILLAGE. This certifies
that all goods have been provided and services performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by CONTRACTOR. The VILLAGE will not be
liable for any invoice from CONTRACTOR submitted thirty (30) days after the provision of the
required goods and services.
F. The VILLAGE shall retain ten percent (10%) of the invoices received from
CONTRACTOR for the provision of the Work under this Contract. Said retainage will be released
by the VILLAGE upon final completion and inspection of the CONTRACTOR's work.
G. If the VILLAGE fails to make any payment due CONTRACTOR for the Work under this
Contract within forty-five (45) days after CONTRACTOR's transmittal of its invoice to the
VILLAGE, CONTRACTOR may, after giving notice to the VILLAGE, suspend the Work under
this Contract until it has been paid in full all amounts due.
H. If the VILLAGE disputes any invoice
CONTRACTOR of such dispute within fifteen
reserves the right to off -set, reduce or withhold
with the terms and conditions of this Contract.
ARTICLE 5. INDEMNIFICATION.
or part of an invoice, VILLAGE shall notify
(15) days of receipt of the invoice. VILLAGE
any payment to CONTRACTOR in accordance
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in
Section 768.28, Florida Statutes.
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ARTICLE 6. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work shall be fully qualified and, if
required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR's personnel (and all sub -contractors) while on VILLAGE premises,
will comply with all VILLAGE requirements governing conduct, safety, and security.
ARTICLE 7. TERMINATION.
This Contract may be cancelled by CONTRACTOR upon ninety (90) days' prior written notice to
the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon thirty (30) days'
prior written notice to CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
CONTRACTOR shall be paid for services rendered to the VILLAGE's satisfaction through the
date of termination.
ARTICLE 8. FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. CONTRACTOR
shall not be exempted from paying sales tax to its suppliers for materials used to fill contractual
obligations with the VILLAGE, nor is CONTRACTOR authorized to use the VILLAGE's Tax
Exemption Number in securing such materials.
ARTICLE 9. INSURANCE.
During the term of this Contract, CONTRACTOR shall be required to carry and maintain the
following insurance coverages:
A. CONTRACTOR shall maintain Comprehensive General Liability Insurance with minimum
coverage limits of $1,000,000 combined single limit of insurance per occurrence and $2,000,000 in
the general aggregate for bodily injury and property damage and $2,000,000 in the general
aggregate for products/completed operations. Comprehensive General Liability Insurance shall
include endorsements for property damage, personal injury, contract liability, product liability and
independent contractor coverage.
B. CONTRACTOR shall maintain Comprehensive Automobile Liability Insurance in the
minimum amount of $1,000,000 combined single limit for bodily injury and property damages
liability to protect against claims which may arise from the ownership, use, or maintenance of
owned and non -owned automobiles, including rented automobiles whether such operations be by
CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR.
C. CONTRACTOR shall carry Workers' Compensation Insurance including Longshoreman's
coverage and Employer's Liability Insurance for all employees as required by Florida Statutes.
D. All insurance, other than Worker's Compensation, to be maintained by CONTRACTOR
shall specifically include the Village as an Additional Insured. CONTRACTOR shall be
responsible for any deductibles related to said insurance
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ARTICLE 10. PAYMENT AND PERFORMANCE BOND.
A. CONTRACTOR be required to furnish a payment and performance bond with a carrier
duly licensed and authorized to do business in the State of Florida, equal to one hundred percent of
the total amount of the contract to assure faithful performance and timely payments to all persons
providing labor, materials or supplies used in the performance of the work.
B. CONTRACTOR shall be required at all times to have a valid payment and performance
bond in force covering the work being performed. A failure to have such a bond in force at any
time shall constitute a default on the part of CONTRACTOR. A bond written by a surety, who
becomes disqualified to do business in the State of Florida, shall automatically constitute a failure
on the part of CONTRACTOR to meet the above requirements.
ARTICLE 11. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey
or transfer its interest in this Contract without the written consent of the other. Nothing herein shall
be construed as creating any personal liability on the part of any officer or agent of the VILLAGE
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to
anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 12. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County.
B. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive any
right they may have to a trial by jury with respect to any litigation arising out of or in connection
with this Contract.
ARTICLE 13. INDEPENDENT CONTRACTOR RELATIONSHIP.
CONTRACTOR is, and shall be, in the performance this Contract, an Independent Contractor, and
not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the work
performed pursuant to this Contract shall at all times, and in all places, be subject to
CONTRACTOR's sole direction, supervision, and control. CONTRACTOR shall exercise control
over the means and manner in which it and its employees perform the Work.
ARTICLE 14. NONDISCRIMINATION.
CONTRACTOR warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin, ancestry,
marital status, or sexual orientation.
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ARTICLE 15. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in
that action or proceeding, in addition to any other relief to which such party or parties may be entitled.
ARTICLE 16. TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES.
Time is of the essence in all respects under this Contract, and the parties agree that the VILLAGE
will suffer financial loss if the work contemplated herein is not completed within the time specified
in the Proposal Documents, including any authorized extensions. The parties also recognize the
delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered
by the VILLAGE if the work is not completed on time. Accordingly, instead of requiring any such
proof, the VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a
penalty) CONTRACTOR shall pay to the VILLAGE an amount equal to $500.00 per day for each
calendar day that expires after the time specified for completion. Liquidated damages may be
deducted from payments due to the CONTRACTOR.
ARTICLE 17. AUTHORITY TO PROVIDE REQUIRED SERVICES.
CONTRACTOR hereby represents and warrants that it has and will continue to maintain all
licenses and approvals required to conduct its business and provide the services required under this
Contract, and that it will at all times conduct its business and provide the services required under
this Contract in a reputable manner. Proof of such licenses and approvals shall be submitted to the
VILLAGE's representative upon request.
ARTICLE 18. SEVERABILITY.
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, to remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 19. MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the Work, including alterations,
reductions therein or additions thereto. Upon receipt by CONTRACTOR of the VILLAGE's
notification of a contemplated change, CONTRACTOR shall, in writing, provide a detailed
estimate for the increase or decrease in cost due to the contemplated change.
B. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract
Amendment and CONTRACTOR shall not commence work on any such change until such written
amendment is signed by CONTRACTOR and approved and executed by the VILLAGE.
ARTICLE 20. PROTECTION OF WORK AND PROPERTY.
A. CONTRACTOR shall continuously maintain adequate protection of all goods and services
provided pursuant to this Contract from damage, and shall protect the VILLAGE's property from
injury or loss arising in connection with the Contract. Except for any such damage, injury, or loss,
except that which may be directly due to errors caused by the VILLAGE or employees of the
VILLAGE, CONTRACTOR shall provide any necessary materials to maintain such protection.
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B. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where services are
being performed and throughout the completion of such services.
ARTICLE 21. EXISTING UTILITIES AND STRUCTURES.
It shall be the responsibility of the CONTRACTOR to determine the exact location of underground
utilities and facilities. The CONTRACTOR shall locate all water services in the field prior to
construction. The VILLAGE assumes no liability for damages sustained or costs incurred because
of the CONTRACTOR's operation in the vicinity of existing utilities or structures. The
CONTRACTOR shall notify the respective utility companies when their existing utilities conflict
with the new construction and shall coordinate his construction work with the relocation work of
the utility companies, if applicable.
ARTICLE 22. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to CONTRACTOR shall be mailed to:
Murry Logan Construction, Inc.
Attn: David Logan, President
313 65th Trail North
West Palm Beach, FL 33413
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 23. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire agreement
between the parties, and that there are no promises or understandings other than those stated herein.
None of the provisions, terms and conditions contained in this Contract may be added to, modified,
superseded or otherwise altered, except by written instrument executed by the parties hereto.
ARTICLE 24. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term "Contract" as used herein, as well as the terms "herein", "hereof',
"hereunder", "hereinafter" and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
context of this Contract, nor shall such headings affect the meaning or interpretation of this Contract.
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ARTICLE 25. WAIVER.
Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be deemed a
waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
ARTICLE 26. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
ARTICLE 27. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and addenda
attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may
at its option and without notice terminate this Contract.
ARTICLE 28. EXHIBITS AND CONTRACT DOCUMENTS.
Each exhibit and document referred to in this Contract forms an essential part of this Contract. The
exhibits and other contract documents, if not physically attached, should be treated as part of this
Contract and are incorporated herein by reference.
ARTICLE 29. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the
Village of North Palm Beach.
ARTICLE 30. SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
ARTICLE 31. DEFAULT.
A. Notwithstanding anything contained in this Contract to the contrary, the parties agree that
the occurrence of any of the following shall be deemed a material event of default and shall be
grounds for immediate termination:
1. The filing of any judgment lien against the assets of CONTRACTOR related to the
performance of this Contract which is not satisfied, discharged or contested in a court
of law within thirty (30) days from the date of notice to the CONTRACTOR; or
2. The filing of a petition by or against CONTRACTOR for relief under the
Bankruptcy Code, or for its reorganization or for the appointment of a receiver or
trustee of CONTRACTOR or CONTRACTOR's property; or an assignment by
CONTRACTOR for the benefit of creditors; or the taking possession of the property
of CONTRACTOR by any governmental officer or agency pursuant to statutory
authority for the dissolution or liquidation of CONTRACTOR; or if a temporary or
permanent receiver or trustee shall be appointed for CONTRACTOR or for
CONTRACTOR's property and such temporary or permanent receiver or Trustee
shall not be discharged within thirty (30) days from the date of appointment.
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3. Due to circumstances within the control of the CONTRACTOR, CONTRACTOR
fails to provide the goods and services required pursuant to this Contract on
schedule as agreed to by CONTRACTOR in this Contract.
B. CONTRACTOR shall provide written notice to the VILLAGE of the occurrence of any
event of default within five (5) days of CONTRACTOR's receipt of notice or knowledge of any
such default.
ARTICLE 32. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its
officers, employees and agents for each required policy. When required by the insurer, or should a
policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation
without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre -loss basis.
ARTICLE 33. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract Documents justifying termination.
ARTICLE 34. PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK(a,VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the VILLAGE.
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4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records in
possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon request
from the VILLAGE's custodian of public records, in a format that is compatible with the
information technology systems of the VILLAGE.
ARTICLE 35. REPRESENTATIONSBINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and perform all of its obligations under this Contract.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
BY: MurrayLo �onsrtion, Inc.
Print Name:
Title: David Logan, President
VILLAGA OF NORTH PALM BEACH
BY: 60�� a., iv,--,
DARRYL AUIWREY, MAYOR
ATTEST:
BY:
MELISSA TEAL, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ----`":Oe,
VILLAGE ATTORNEY
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EXHIBIT "A"
TECHNICAL SPECIFICATIONS
TECHNICAL SPECIFICATIONS
Prepared by Sea Diversified, Inc.
Date: January 29, 2019
Prepared to Accompany Plans prepared by Sea Diversified, Inc. date December 2018 (updated January 2019).
ARTICLE 1 - PROJECT DESCRIPTION
1. The project includes the installation of fixed and floating docks along with gangways provided by
the Village's pre -selected dock manufacturer, Golden Marine Systems, Inc., herein referred to as the
MANUFACTURER. The project will not include installation of the marina utilities. The extent of
the project is shown on plans prepared by Sea Diversified, Inc. (ENGINEER) dated December 2018
(updated January 2019).
The VILLAGE has contracted with the MANUFACTURER for the design, fabrication and
delivery of aluminum frame fixed docks, aluminum frame floating docks, aluminum gangways
and associated dock components such as pile guides, cleats, fendering and applicable hardware and
installation components. The CONTRACTOR shall be responsible for the installation of the fixed
and floating docks including all support piling in accordance with MANUFACTURER supplied
shop drawings and Installation Manuals. Plans and specifications prepared by the ENGINEER, as
pertaining to the installation of fixed and floating docks show the general extent of work.
Installation of fixed and floating docks shall be in strict accordance with shop drawings,
Installation Manuals and/or as dictated by the MANUFACTURER.
2. In summary and in general, the extent of this project and requirements of the CONTRACTOR will
specifically include but may not necessarily be limited to the following:
a. Installation of the fixed and floating dock systems including piles, pile caps and all applicable
dock system components specified, herein. It is noted that the MANUFACTURER will be
responsible for the installation of all internal and external pile guides. It is noted that the
Village reserves the right to purchase concrete piles direct from a supplier.
b. Installation of aluminum gangways including gangway approach platform, as applicable.
The MANUFACTURER will supply all gangway installation hardware.
c. Furnish and installation of timber mooring piles including pile caps, rope cleats and pile
wraps, as applicable.
It is noted that the CONTRACTOR will be required to coordinate and cooperate with the
MANUFACTURER, VILLAGE personnel and consultants pertaining to all components of the
project including but not limited to product manufacturing delivery schedules, utility installations
and project inspections. Additionally, the CONTRACTOR must note and understand that the
project will be conducted while existing marina and boat launch activities are ongoing and such
activities must be maintained with little or no disruption.
3. The extent of this project and requirements of the CONTRACTOR will NOT include the following:
a. Supply of the fixed and floating dock systems and gangways including cleats, ladders and
installation hardware.
b. Supply and installation of marina utilities (electric, water) and fire protection systems.
c. State or federal permits.
TECH - 1
ARTICLE 2 — GENERAL NOTES
1. All elevations are in feet and referenced to the North American Vertical datum of 1988 (NAVD 88)
or Mean Low Water (MLW), as specifically noted on the plans.
2. Any deviation from these plans, notes or specifications must be approved in writing by the
VILLAGE, VILLAGE representative or the ENGINEER, or else the deviation will be considered
construction not in compliance with the plans and specifications.
3. Any discrepancies among the plans, notes, specifications and other documents must be resolved in writing
by the VILLAGE, VILLAGE representative or ENGINEER prior to continuing the work in question.
4. These plans, notes and specifications constitute the only instructions to CONTRACTOR.
5. All construction, manufacturing, fabrication and testing of materials shall be performed under the
guidelines set forth in applicable local, state and federal codes, and/or under recommendations
provided in technical publications of respected professional or industry organizations. Material
testing programs, where applicable, shall be presented to the ENGINEER for review and approval
prior to construction.
6. All products constructed or manufactured/supplied for the project shall be accompanied by
industry acceptable warranties or guarantees.
ARTICLE 3 - MOBILIZATION AND DEMOBILIZATION
1. It is understood that the nature of the project will require work over water and access to
construction areas is required for material storing, hauling, erection or construction. All facilities,
public or private, used for such purposes shall be maintained and repaired to the original form after
completion of project activities.
2. The CONTRACTOR shall present a Shipping, Stockpile and Administration Plan (SSAP) to the
ENGINEER for approval. The plan shall be specific to the project requirements for the particular
materials to be delivered to the site, describing delivery points, stockpile areas, temporary
debris/trash storage areas, temporary field office (incl. utilities maintained there), fencing, security
and a statement of commitment to maintaining safety on the site.
3. The CONTRACTOR shall note that the MANUFACTURER will have designated and pre-
established areas for product delivery, storage, assembly and possibly manufacturing, all or in part.
The CONTRACTOR's staging plan must be prepared in coordination with the MANUFACTURER's
staging plan to avoid conflicts during construction.
4. The VILLAGE or ENGINEER shall have the right to exercise reasonable alterations or additions to
the plan (SSAP).
5. The site surroundings shall be returned to original grade and topping (sod, tree cover, established
road, etc.) following "Completion" of the project. "Completion" is defined as completion of an
agreed upon list of punchlist items compiled in a planned project walkthrough held at a time the
CONTRACTOR considers the project to be "Substantially Complete".
6. It is the CONTRACTOR's responsibility to coordinate, and pay for, necessary utilities to occupy the
site and perform the work.
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ARTICLE 4 - SITE MAINTENANCE AND SAFETY
1. The CONTRACTOR shall maintain a clean and neat site, void of loose debris, trash, remnant parts
or materials.
2. Trash receptacles and removal service shall be maintained by the CONTRACTOR specifically
for this project. Existing such facilities shall not be used to maintain the project.
3. Temporary debris piles shall be limited in number as much as practical and contained in designated
areas until removal. Debris and trash shall not be scattered in areas outside the limited designated
areas at any time.
4. Removal of debris/trash shall be scheduled as appropriate to not allow piles to reach five feet in height
or greater than ten feet in diameter. Debris individually larger than these dimensions shall be removed
from the site within five working days. Receptacles shall not be allowed to overflow at any time.
5. The CONTRACTOR shall prepare and submit a Maintenance of Traffic Plan that applies to vessels,
vehicles and pedestrians. The plan must be in writing, including sketches or drawings, and must be
submitted to the ENGINEER for review and approval before commencement of the plan.
6. The CONTRACTOR shall note that this project consists of work at a public marina and boat ramp
that will continue to operate and be open to the public to some extent during construction. The
safety of pedestrians, slip tenants, boat ramp users, and VILLAGE employees is of primary concern
and must be addressed by the CONTRACTOR. The CONTRACTOR shall prepare a safety plan for
approval by the VILLAGE.
7. The CONTRACTOR shall follow all applicable local, state and federal codes regarding site
safety and maintenance.
ARTICLE 5 - ENVIRONMENTAL
1. A Florida Department of Environmental Protection (FDEP) and U.S. Army Corps of Engineers
Permit (USACE) exert jurisdiction over the construction of the project. Specific Conditions of the
permits shall be obtained from the ENGINEER or the VILLAGE and reviewed prior to construction.
2. The CONTRACTOR shall be responsible for complying with applicable restricting permit
conditions imposed by the VILLAGE, the state or federal government.
3. The CONTRACTOR shall pay particular attention to the standard state conditions for manatee
protection during construction and shall comply with them fully.
ARTICLE 6 - GEOTECHNICAL
1. A geotechnical study was conducted by Terracon Consultants, Inc. (TCI) on February 06, 2018,
noting that the study was not performed specific to this project. The sub -surface investigation
included Standard Penetration Test (SPT) borings at accessible locations along the landward side of the
existing bulkhead. The report is available and will be provided to the CONTRACTOR upon request.
2. Should the CONTRACTOR encounter sub -surface soil conditions that differ from that
described in the Geotechnical Report prepared by TCI or from the results of the field test programs,
the CONTRACTOR shall cease operations and promptly notify the ENGINEER.
3. CONTRACTOR shall utilize soil boring data provided in the TCI report.
4. The CONTRACTOR shall note that the sub -surface soil conditions may vary throughout the project area
and that piles are to be driven to achieve the required pile penetration dictated by the MANUFACTURER's
final certified pile design, regardless of soil conditions. The CONTRACTOR must note that there is
no provision for encountering unforeseen soil conditions.
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ARTICLE 7 - CONSTRUCTION SURVEYING
1. The CONTRACTOR is responsible for horizontal / vertical control establishment, construction
layout or any other survey effort required to complete the project. The VILLAGE will provide
the CONTRACTOR existing site benchmark information for reference.
2. Method of continuing layout and control of work to be submitted to ENGINEER for approval
prior to beginning construction.
3. The CONTRACTOR is advised that certification of the project elevation and alignment is required
for final acceptance of work.
4. The CONTRACTOR will be required to provide a final "As built" survey after construction. The
survey must be conducted and certified by a State of Florida licensed Surveyor and Mapper.
ARTICLE 8 — CONSTRUCTION SEQUENCING AND HOURS OF OPERATION
1. The CONTRACTOR shall provide a schedule that details the proposed sequence of construction
with estimated number of calendar days and milestones for major components of work. The
ENGINEER shall be notified in advance of any intended changes to construction sequencing,
required alterations to overall project schedules or deviations from projected milestone dates.
2. The CONTRACTOR shall note that the VILLAGE may limit hours of operation and require the
CONTRACTOR to schedule daily work activities as necessary to minimize disruption to marina
and boat launch operations. Operations, including but not limited to pile driving, or other crane / large
equipment related activities and activities that produce excessive noise, vibration, dust or other air
quality impacts, may be limited to specific timeframes when working in proximity to certain facilities.
The CONTRACTOR can work Monday through Saturday, as typical, until 5:00 PM, noting that noise,
vibration and air pollution must be controlled to minimize impact to the ongoing marina operations.
CONTRACTOR shall take into account possible construction delays caused by temporary and partial
suspensions of work relating to ongoing marina and boat launch operations as noted in this paragraph.
ARTICLE 9 — FIXED AND FLOATING DOCK SYSTEMS
1. The extent of the fixed and floating dock systems is shown on the Plans. Fixed and floating dock
systems shall include pre -manufactured systems with integral floatation (as applicable), framing,
decking, pile guides (as applicable), cleats, fendering and installation hardware.
2. Fixed and Floating Docks - General: The fixed and floating docks consist of aluminum frame
systems. The fixed and floating docks shall be designed, fabricated and supplied by the
MANUFACTURER under separate contract with the VILLAGE.
3. Delivery: The MANUFACTURER shall be responsible for delivery of the fixed and floating dock
structures. Fixed and floating docks shall be delivered as pre -assembled modules to facilitate offsite
or onsite unloading and installation. The MANUFACTURER shall take all precautions to ensure
that the fixed and floating dock structures are not damaged during transport to the project site. The
VILLAGE and/or VILLAGE representative will inspect the condition of the fixed and floating
dock structures upon arrival to the site. Damaged units shall be rejected and removed from the site
at the expense of the MANUFACTURER. Fixed and floating docks shall be delivered with an
Installation Manual including all necessary hardware for the assembly and installation of the
system. The installation manual shall include all instructions, drawings and part sheets necessary for
the assembly and installation of the system.
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4. Offloading, Deployment and Installation: Fixed and floating structures shall be offloaded and either
stored at a secure upland location or immediately deployed for subsequent installation by the
CONTRACTOR as per the handling and installation specifications provided by the
MANUFACTURER. The CONTRACTOR will be responsible for the installation of the fixed and
floating dock systems in accordance with MANUFACTURER supplied shop drawings, Installation
Manuals and other technical information, as applicable.
The MANUFACTURER will deliver the pre -manufactured fixed and floating docks to the site or
designated offsite staging area via truck. It will be the CONTRACTOR's responsibility to provide
personnel and equipment to offload MANUFACTURER supplied products and install the systems
as per the MANUFACTURER's approved shop drawings and pile specifications. The
CONTRACTOR is responsible for any or all damage to the fixed and floating docks during the
offloading and installation processes. If not moved and installed immediately at the design location,
the CONTRACTOR is responsible for storage of the docks to avoid damage. The
MANUFACTURER or VILLAGE will not be responsible for damages to the floating docks caused
by the handling or wet/dry storage of the fixed and floating dock systems.
The CONTRACTOR shall provide supervision, labor and equipment for the installation of the
fixed and floating dock systems and support piles. The MANUFACTURER will supply the fixed
and floating dock systems and all required installation hardware.
5. Temporary Water Storage: Temporary storage of floating docks or sections of float units in the
water in advance of installation shall be acceptable only upon approval by the VILLAGE or
VILLAGE representative. It shall be the CONTRACTOR's responsibility in coordination with the
MANUFACTURER to provide a detailed plan for wet storage of float structures that shall
include at a minimum the proposed wet storage location, proposed duration of anticipated wet
storage, means and methods of securing the float structures while awaiting installation, and
means of marking or lighting the floating structures to avoid navigational conflicts or problems.
Damaged units resulting from wet storage caused by wave action, currents, vessel wake or other
conditions shall be rejected and removed from the site at the expense of the CONTRACTOR.
6. Manufacturer Representation: The MANUFACTURER shall provide a qualified representative onsite,
as they deem necessary, during the offloading, assembly and installation of the fixed and floating dock
systems. The MANUFACTURER's representative shall be onsite during the installation of the system to
ensure that the product is handled and installed in strict compliance with the NTANUFACTURER's shop
drawings and Installation Manual. No less than two (2) site visits per month are required by the
MANUFACTURER's representative to inspect work completed by the CONTRACTOR and overall
project progress. The MANUFACTURER will inform the CONTRACTOR, VILLAGE or ENGINEER
a minimum of 48 hours in advance of a site visit. The CONTRACTOR will be responsible for the
costs of any special requests for onsite visits, meetings and inspections by the MANUFACTURER.
7. CONTRACTOR - MANUFACTURER Coordination: The CONTRACTOR is responsible for
coordination with the MANUFACTURER regarding installation procedures and schedules. In advance
of construction, the CONTRACTOR must request from the MANUFACTURER final certified shop
drawings, installation manuals and other technical information, as necessary. The CONTRACTOR, in
coordination with the MANUFACTURER, must prepare and submit a schedule for the installation of
the floating docks to the VILLAGE for approval. It shall be the CONTRACTOR's responsibility to
coordinate the installation schedule with the MANUFACTURER's delivery schedule at all times
during construction. The VILLAGE will NOT be responsible for any delays caused by the
MANUFACTURER's delivery schedule as pertaining to the CONTRACTOR'S installation schedule.
Equally, the VILLAGE will NOT be responsible for any delays caused by the CONTRACTOR that
impacts the MANUFACTURER's fabrication, and delivery schedule. The MANUFACTURER will
provide onsite representation during the floating dock installation to assist, as necessary.
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ARTICLE 10 - ALUMINUM GANGWAYS
1. The size, geometry and location of fixed aluminum gangways is as depicted on the plans.
2. Aluminum Gangways - General: The aluminum gangways shall consist of an aluminum frame
system with composite decking and integral railing. The aluminum gangways shall be designed,
fabricated and supplied by the MANUFACTURER.
3. Delivery: The MANUFACTURER shall be responsible for delivery of the aluminum gangways.
Gangways shall be delivered as pre -assembled structures ready for installation by the
CONTRACTOR. The MANUFACTURER shall take all precautions to ensure that the gangways
are not damaged during transport to the project site or designated offsite staging area. The
VILLAGE and/or VILLAGE representative will inspect the condition of the gangway structures
upon arrival to the site. Damaged units shall be rejected and removed from the site at the expense
of the MANUFACTURER. Gangways shall be delivered with an Installation Manual including
all necessary hardware for the assembly and installation of the system. The installation manual
shall include all instructions, drawings and part sheets necessary for the assembly and installation
of the system.
4. Offloading, Deployment and Installation: Aluminum gangways shall be offloaded and stored at
a secure upland location. The CONTRACTOR will be responsible for the offloading and
installation of the gangways in accordance with MANUFACTURER supplied shop drawings,
Installation Manuals and other technical information, as applicable.
ARTICLE 11— CONCRETE PILES AND PILE DRIVING
1. All piles shall be 12" or 14" square prestressed concrete, minimum 6,000 psi, eight (8) prestressed
strands, #5 spirals and three inches of clear concrete cover to the outside of the spirals in all sides
meeting or exceeding FDOT standards for concrete piles to be driven in salt water conditions.
The exposed side of the pile in forming shall be finished smooth and corners shall have 3/4"
chamfer, or be rounded in the case of the typical FDOT piling. Final design and shop drawings
shall be the responsibility of the CONTRACTOR, both of which must be reviewed by the
ENGINEER. FDOT specification, with modifications or criteria above, is acceptable.
2. Piles shall be final designed and driven to meet the load rating necessary for each and the
minimum penetration dictated by the MANUFACTURER. Piles shall be driven full length, or to a
tip elevation where specified. It shall be the CONTRACTOR's responsibility to verify and
guarantee that the specified pile bearing or lateral capacity is met. The CONTRACTOR's
verification may be one of the following:
• providing an equation, chart or table from the pile -driving hammer manufacturer relating bearing
capacity to that particular hammer's "blows per foot".
• performing a test pile program to the satisfaction of the ENGINEER
• providing a certified, engineered foundation design based on actual soil borings for the site.
3. The CONTRACTOR will be required to maintain a pile driving log to document the pile driving
characteristics of all piles. Pile driving logs must be conducted by an independent engineering
firm or geotechnical testing facility retained and paid for by the CONTRACTOR. Field logs and pile
driving reports must be submitted to the VILLAGE and/or ENGINEER on a daily basis or
immediately following the installation of piles unless otherwise directed by the VILLAGE. The pile
driving logs shall include the following minimum information: date, time, weather conditions,
equipment used, pile location designation, blows per foot over entire driving sequence, total length of pile,
embedment length, un -cut top of pile, length of amount cut off, final elevation of top of pile (after driving
and cut-off), amount of j etting or punching (if required), unusual pile behavior, damage and re -driving.
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4. Jetting of piles is not permitted except only as necessary, and then must be approved by the
ENGINEER prior to performing the jetting.
5. If solid rock, debris or refusal is encountered prior to achieving the minimum penetration, the
CONTRACTOR shall use drilling equipment to achieve the required penetration dictated by
the MANUFACTURER. Any deviation from the specified penetration due to sub -surface rock
conditions must be approved by the MANUFACTURER.
6. Piles shall be handled and driven in a manner that does not damage the piles. Damaged piles
must be removed, discarded and replaced at the CONTRACTOR's expense.
ARTICLE 12 - MOORING PILES
1. The quantity and location of mooring piles are as shown on the plans.
2. Mooring piles shall be 12" diameter (measured 36" from top of pile) Southern Yellow Pine (SYP)
piles with 2.5 pcf CCA treatment of the size and length specified conforming to ASTM D25.
Pressure treatment must be in accordance with AWPA C3 and C18. Pressure treated SYP timber
piles shall have a protective pile wrap that extends no less than 12" above Mean High Water
(MHW) to 12" below the basin design bottom elevation.
3. Mooring piles shall withstand a lateral load of 3 tons applied at elevation +8.0 feet NGVD.
4. Mooring piles shall have plastic pile cap as specified, herein. Color shall be white. All mooring
piles shall have a single recycled plastic, composite or pressure treated timber rope cleat.
5. The CONTRACTOR will be responsible for the direct purchase and delivery of all timber mooring piles.
ARTICLE 13 — PILE CAPS
1. Pile Caps: All mooring piles and concrete piles shall have fiberglass pile caps as supplied by
Henderson Marine Supply, Inc. Petaluma, California, or approved equal. Color shall be white.
Pile caps shall be constructed of high gloss, long lasting fiberglass with gelcote. Minimum wall
thickness shall be 1/8".
ARTICLE 14 - CLEATS AND LADDERS
1. Cleats shall be installed by the CONTRACTOR in accordance with the MANUFACTURER
supplied final shop drawings and installation manual.
ARTICLE 15 — DOCK FENDERING
1. All floating docks will be delivered by the MANUFACTURER with fendering system installed
as part of fabrication process. The CONTRACTOR will not be responsible for furnishing or
installing dock fendering systems.
WATER. ELECTRICAL AND FIRE — NOT INCLUDED
ARTICLE 16 - FINAL INSPECTION AND PROJECT CERTIFICATION
1. The CONTRACTOR shall be required to coordinate final inspections for project certification by the
ENGINEERS and/or other licensed engineers involved in the project. The CONTRACTOR shall
anticipate coordinating inspections at time of substantial completion along with subsequent final
inspections on a different date, after the CONTRACTOR has completed a final "Punchlist" of items,
as necessary.
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2. Upon completion of the project, the CONTRACTOR shall provide to the VILLAGE a final as
built of all docks. Record As built drawings shall reflect any or all changes, modifications or additions
to the approved shop drawings used for construction. Any changes to the shop drawings
reflected on the Record As built drawings must be clearly highlighted. Record As built drawings
must be certified by a Licensed Professional ENGINEER registered in the State of Florida.
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