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R96-063RESOLUTION NO. R96-~=~,_~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; APPROVING THE AWARD OF A BID FOR THE INSTALLATION OF LANDSCAPE AND IRRIGATION IN FOUR (4) MEDIANS, SOUTH CONGRESS AVENUE BETWEEN SUMMIT DRIVE AND SW 30TH AVENUE TO SIGA, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND SIGA, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received to install landscape and irrigation in four (4) medians, South Congress Avenue between Summit Drive and SW 30th Avenue, (Bid No. 029-722-96NSMG) on the 28th day of March, 1996; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Bleach, Florida to award the bid to Ziga, Inc., as the most responsive and responsible bidder meeting specs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid to install landscape and irrigation in four (4) medians, South Congress Avenue between Summit Drive and SW 30th Avenue, and authorizes and directs the Mayor and City Clerk to execute a Contract between the City of Boynton Beach and SlGA, Inc., a copy of which is attached hereto as Exhibit "A". Section 2. passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this ~7' day of May, 1996. ATTEST: ~ o CITY OF BOYNTON BEACH, FLORIDA - Mayor Commission~ Commis~ Commissionor / 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 and Special conditions. 15.4 For the purpose of this section the phrase "the City, its agents and employees" shall include but shall non be limited to the architect, project manager, and consulting engineers. IN WI%~NESS W~EREOF, the CITY has caused these presents 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 presents the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Attest: ~/ City Clerk Approved as to Form: City Attorney 12 Bid No #029- 722 - 96 /VSMG CONTRACT THIS AGREEMENT, made and entered into this 7th day of MAY , A.D. 19 96 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter call the "CITY and SIGA, INC. 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, has determined that the bid in the total amount of SIXTY -SIX THOUSAND THREE HUNDRED THIRTEEN DOLLARS AND 00/100 ($66,313.00) 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 MARCH 28, 1996, 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 SOUTH CONGRESS AVENUE MEDIAN LANDSCAPE /IRRIGATION 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 totalling SIXTY -SIX THOUSAND THREE HUNDRED THIRTEEN DOLLARS AND 00/100 ($66,313.00). 1 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 details 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 to the satisfaction of the City Commission and the City Engineer of the said CITY, and in strict obedience with the directions which may be given by the said 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 Len (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 215.19, 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 specified by CITY. 2 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 of portion is completed and ready for use, leaving the same in a meat and presentable condition. 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 Lhe CITY. 2.8 The CONTRACTOR shall aL 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 thn work, the City Engineer shall satisfy him -self, 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 or employee of the CITY, but the CONTRACTOR shall 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 structures 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 materials found not meeting the requirements of the specifications hall be removed by or at the expense of the contractor and good and satisfactory workmanship or material substituted therefor. 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 45 calendar days following the commencement date as specified in same. 3 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 provisions hereinbefore set forth, the CONTRACTOR shall be liable Lo the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore in the special conditions or in other contract documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right Lo 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 any 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 Lo complete the work within 45 calendar days from the commencement date to be indicated in the written "Notice Lo 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 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. 4 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 will 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. 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 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. 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, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and 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 its 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. 5 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. 8.3 The General Contractor and all of his subcontractors shall be apprised 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 his work without making a claim i_n writing for unforeseen extra work he encounters, it will'be construed as an acceptance and agreement by him that an,r such work is required under the contract and no future claim for such 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. 6 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 Lhe Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original hid quantity and the total dollar change of 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 shall recei 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 Lhe'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 allow ability and eligibility of costs proposes. 7 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 subcontractor's cost not including subcon trac tcsrs ' 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 not 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 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 done under the Change Order. Duplicate copies of 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 the sumo was ordered, in writing, as aforesaid and the claim presented at the Lime of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be: KEVIN HALLAHAN - ENVIRONMENTALIST /FORESTER KEN HALL - ENGINEERING DEPARTMENT 9.2 The Engineer shall have general supervision and direction of the work. He is the agent of 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 auth9rity. He has authority to stop the work whenever such stoppage may be necessary to insure the p r o p e r 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 in connection herewith, and whenever any of the work covered 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 ". 9 10.2 Required insurance shall be documented in a certificate of insurance which provides thaL 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 aL the work site. Internal combustion engines used on construction equipment shalt be equipped with mufflers, as required by the Code of Lhe City of Boynton Beach, and the CONTRACTOR shall comply with all other requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attended 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 snail 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 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 completion date may be extended; or if other jest causes exist, then 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, Lake such measures as will, in the judgement 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. 10 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 cinder this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other casts and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "ba lance of the contract price", as 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 an act or omission of the CITY, its agents or employees. 11 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 Condi t_ ions . 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. IN WITNESS WHEREOF, the CITY has caused these presents 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 presents the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: / e Ma r Attest: Approved as to Form: i y i , City Clerk City Attorney 12 Signed, sealed and witnessed CONTRACTOR _ _ - th-e,5 in the presence of: , l _ A ► ) ems . c „,....„, . . . _: _ President or Vi.e ( esident Attest as to Contractor STATE OF FLORIDA ) v)SS: fq COUNTY OF PALM BEACH ) (� Personally appeared before me duly authorized to administer oaths ,) /- )fnL4e,1 f -. `) c.i31, to me known to be the perssns described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. -- , )1. _4_, A_ , ! "%Z_C `Lc.- x.t. - N ary Public °( 0 My Commission Expires. _ -— --- 13 CITY of RECEIVED BOYNTON BEACH < SEP 23 1996 • °' "'o t00 fast Osyntsn leach t;eutaystr pURCHASU G DEPT. = s P.O. set 310 r' • �. serilten Sisoh. P •rl4a 33428.03,o ' ! (4071373 -6000 BOYNTON BEACH RECREATION & PARK DEPARITHRIff DATE: 9 2 3 96, TO: D a rn _.)16 T'fr--1C FAX NO: (9 5'- f ) 7 7 - C6:70 PHONE NO: ( RE: 7 /' E x re& ,1 Lc, .NS - - 0a9- 7aa - 9C /\;f5Mc: FRO141 Ke- t/ ,o 3 I-t ,A i Ick_ k et .5 FAX NO: ( 407 ) 375 -6090 • PHOIis NO: (-407 3 7 - 5 — X - (6 7 NO. Of PAGES: (INCLUDING THIS TRANSMISSION PAGE) C 4 A A) A OF S / / ? ) (7( - 12(1,5- /A ; i) (x) 10 /)E(J SH PH 04/20/90 /�b C�r'1 Va•` f�GR /4 t, i?/ S 5 C:FAX.DOC Ot 7t '• /v) __Sidor?R_S /4` iZ • 4. 1<e_.v I v cAA.ctLJAck. - __EcEgSTerz_j___CANtrzonmel■TexlisT b S , Co . 5 fa A ,./e. it-t /9 s 3//_, 6 1 / 9 r 1 7 ,4 , ,rn.a,vto e_kce-vx-ata 7 /l rea- Lea_ 'MA-t., 64-42. / A.)e2 u C -eet/1-9)2 e-i-ezAtede vie& z tiz e-OmAzte-t -e-e-et- -1414o /leg 42� / 1A4 c2;te.4-e-c_r„ ' rite • - L4, c.15 tL-to_o-v1 0 • b / clevuL L krak .4k1 cLAQ i:Ajta-w■-/4 eteau _ us fitsz- ,ko4-- eice-cA wecA_ s u L ____ elte i t .1ds Zo - - • • t A S2- (1)2 -rT 1-e' t1-C11 (I& LA. Ccro 31, lqq4, 9 -212-1996 7:56AN FkUM _ .54" 4 sIGA INCORPORATED 5500 DAVIE ROAD DAVIE. 3WaaOA asaI4 -s0ee rELERNONE 9.34-6a1 -3673 FAX 'W767.0670 SIOA LANDSCAPE CONTRACTORS Si GA COASTAL It WETLANDS $FECIALIl19 SIOA OENENAI. OONTNAGTOR$ FAX FAX FAX FAX FAX FAX FAX FAX FAX DATE. September 20 1996 TO. City of Boynton Beach trP r' ATTEN'ON: Kevin Hallaha RE' S. Congress Avenue Landscaping Dear Kevin' I have tried to reach you several times. We have been unable to establish the time at the project titled above. As you are aware, we have added additional work to the project almost doubling the amount. Therefore, it is necessary for us to have at least 45 days added to the contract for cur completion Plcasc contact me and verify as we are at a loss as to what we are to do. WE ARE TRANSMITTING / PAGES INCLUDING THIS COVER MEMO IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL US AS SOON AS POSSIBLE. OUR PHONE NUMBER IS (954) 581-3573. IF YOU SHOULD HAVE ANY QUESTIONS REGARDING THIS TRANSMITTAL, PLEASE CALL Samuel K. igars {WORD - CONORESS -FAX; Tie City of Boynton Beach pY N T� 100 E. Boynton 'Beach Boulevard 4 �f B.O. Box 310 0 , ,: • el 'Boynton Beach, Jforida 33425 -0310 City Half: (407) 375 -6000 'e6 . 47 FAX: (407) 375 -6090 June 14, 1996 SIGA, INC. 5500N Davie Blvd. Davie, FL 33314 ATTENTION: Winifred Sigars REFERENCE: SOUTH CONGRESS AVENUE BID NO.#029- 722 -96 /VSMG MEDIANS - LANDSCAPE /IRRIGATION All required documents pertaining to the above project have been received and noted by this office The original, executed Contract is enclosed for your files along with purchase order #12231 and 5% Bid Bond. The enclosed Notice-To- Proceed requires your signature of acceptace Please sign and return a copy of the "Notice" to the attention of the Purchasing Department as soon as possible Again, we would like to thank you for responding to the invitation by submitting a proposal on this project. If you should have any further questions, please direct your concerns to Kevin Hallahan, Forester /Environmentalist, (561) 375 -6227. Sincerely, r� Lana M. K oester Purchasing Agent vsmg Enclosure: Executed Contract, PO #12231, Notice -To- Proceed, 5% Bid Bond cc: Central File Kevin Hallahan - Forester /Environmentalist File America's Gateway to the cur./stream Bid NO#Q29-722-96/VSMG CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 19 ., by and between the CITY OF BOYNTON BEACH; a municipal corporation of Florida, hereinafter call the "CITY and $IGA, IN~, Florida Corporation ( X ) a Florida general partnership ( ) a Florida limited partnership ( ) a sole proprietor ( ) Check one 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, has determined that the bid in the total amount of SIXTY-SIX THOUSAND THREE HIINDRED THIRTEEN DOLLARS AND 00/100 (~66,313.00) 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 foll-ows: 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 MARCH 28. 1996, 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 SOUTH CONGRESS AVENUE MEDIAN LANDSCAPE/IRRI~ATIf~q 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 totalling ~ THOUSAND TRw~ HT3ND~ T~IRT~NDOLLARS AND 00/100 ($66.313.00). 2.0 SCOPE OF SERVICES 2.1 supplies, machines, in in s Contractor further agrees to furnish all materials· equipment, tools· superintendents~ labor, '~ces to complete stated and ;ten contract documents and or the Projec.t. 2.2 All the work and: tact shall be performed, and all in strict conformity with s~ and contractor acc, said plans and requirement the party contracting to by 2,.3 equipment, mentioned in in conformity to furnish all tools, all. the work above workmanlike manner, and !fice referred to satisl given~b¥ the at and for the the ~f the be .ire, 2.4 Upon receipt of correct any defective or within one (1) final payment. within ten (10) the contract and receipt of' , corrections 2.5 ?o Statutes, if ,~with the provisions of Section 215.19, Florida 2.6 and all claims or 1: .ease of L1 .als. Forms to by 2 2~7 The CONTRACTOR shall remove and cle~n 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. 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 andregulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy hi'-self, by examination and test, that the work has been fully completed in accordance with the plans, specifications and ( ~s. When the City Engineer is so satisfied, he shall tance thereof to the City Manager, who shall, if he such recommendation, present the final payment , Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinaft .ded under "authority of the engineer" shall not make the an agent or employee of the CITY, but the all times, and in all respects have the rights and li~ an independent contractor. 2.10 the cleaning up of the work, premises, streets, alleys, catch basins, or other areas of structures in anyway the performance of the contract, the work as a whole shall :be inspected by the CitY Engineer, and any workmanship or materials found not meeting the requirements of the s~ hall be removed by or at the expense of the contrac and satisfactory workmanship or material' :. All settlement, defects or damage upon any part of be remedied and made good by the contractor. 2.11 protection accept. cost will be. held responsible for the care, of all work until final completion and and will be required to make good at his own injury occurring from any cause. 3.0 COMMENCEMENT OF WORK cont: to or hereby agrees to commence work under this before a date to be specified in the written "Notice the CITY and to fully complete the project within 45 following the commencement date as specified in same. not is the c the 'ied and in the of and al to ety. ture of :h 4.1 liquJ wr~ DAMAGES further agr~ for failure to to ..ement to D per day as of 45 in the 5.0 5.1 the of fill the all incident the EXISTING FACILITIES that priCeS include the protection ,. conduits, pipes, cons truction and damage done to them !icient ~support all 'lng of the work; also the' tools, equipment, and ' le work in Llso .ons, all and the c ~d for the of the 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 will ~ected by the work to be performed under the contract, and make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or' protection of such property or utilities. 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 ~ction 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. 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, actions, losses, liabilities, settlements, judgments, damages, costs, eXPenses, and fees (including without limitation reasonable attorney's and 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 its original bid, which constitutes the contract sum payable by the City to the Contractor, specific additional consideration sufficient to support ~his 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 PAYMENTBY CITY and 8~0 ~GES IN THE WORK f rom such ng adjustE : the Contract. ion o~ be made, in ;, at the time such change 8.2 app o therwi s e,. no )r extras will be. allowed. 8.3 Contractor and all of be appri and familiar with, the fo procedures governing extra work under the, 8.3.1 8.3.2 shall tions and 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. Should the Contractor or any of his subcontractors commence with his work without making a claim in writing for unforeseen extra. work he encounters, it will be construed as an. acceptance and ag ,i that any such work is required and no ~onsidered 8.3.3 8,3.4 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. 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. 6 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 ContraCtl 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 of 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, e~ipment '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 shall receive the current local rate of wage~ 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 allow ability and eligibility of costs proposes. 7 8.4.3.2 8.4.3.3 8.4.3.4 8.4.3.5 8.4.3.6 8.4.3.7 The Contractor shall h~ve an accounting system.which' accounts for such costs in accordance with generally accepted ~. This system shall costs In Ir (15) pe dj: of For as pc rece Boc or ~ Order costs. )ntract is the to the .rive be used for and a lowability of ie benefit costs on exceed forty (40) ~r costs. Contractor and overhead and iregate exceed fifteen total cost of direct its, ~direct overhead, equipment and supplied by him. red as general insurance, incidental ~rvision and general Contractor's cost for facts exceed five (5) or's cost not'. ' profit. and machinery such rs, concrete mixers, or other equipment, L1 performance of the Contractor shall on the agreed rental of equipment and the its use on the work rental price shall not published by the Company in the Blue for Construction shall be daily, weekly 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 done under the Change Order. Duplicate copies of 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 the 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: F~EVINHALLAHAN -ENVIRONMENTALIST/FORESTER KEN HALL - ENGINEERING DEPARTMENT 9.2 The Engineer shall have general supervision and direction of the work. He is the agent of 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 p r o p e r 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 withCITY 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 in connection herewith, and whenever any of the work covered 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, o 'rees to furnish table. junction combustion Lnes as ~ or ~e of ~ten 11.0 GUARANTEE ~ WAi~RANTIES to remain in good acceptance. 12.0 TERMINATION~OF CONTRACT 12.1 If by the should be adjudged assets be for should be at Manage! viola contrac in bad! contract; if the work for its may be of set the ~ the of the the effective date spec: in such no ~nt thereto° In of such t~ notify and and s~ right to of the contract, under the contract is assigned provided for herein; if the CONTRACTOR )t; if a general assignment of his t of his creditors; if a receiver or any of his property, if Certify in writing to the City of the work under the contract is that the CONTRACTOR is willfully provisions, or covenants of the s, or that he is executing the same: in accordance with the terms of the not fully completed within the time named the time to which such completion date just causes exist, th~n the City ~,written notice upon the CONTRACTOR .tact for the CITY and if the to the effective date of termination take suCh measures, as will, in the insure the s~tisfactory performance .ssion andthe City Manager may declare 10 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 be liable hereunder, the amount set forth in the first hereOf. The term "balance of the contract price", as shall mean the total amount payable by CITY Contract and any amendments thereto, less ~ 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 P~MEDY FO~ 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. 11 ~5.2 c{ responsible this Contract. its the'are ~ on the part of Contract°r~o timely process of time the work shall be held by time City, to IN WHEREOF, the CITY has signed attested by the Seal ¢ ~iTy and the presents the day and year herein befo~ :ten. s to be these Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City, Clerk City Attorney 12 Signed, sealed and witnessed CONTRACTOK in the presence of: President or 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 My Commission Expires: 13 CITY OF BOYNTON BEAC~ 16. The Municipality agrees that, in all matters relating to this Agreement, it will be acting as .an independent agent and that its employees are not Palm Beach County employ- ees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation,, leave, unem- ployment ~ompensation and e~ployee benefits. 17. 18. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exer- cise promptly any rights Given hereunder shall not oper- ate to forfeit or waive any of the said rights. "PUBLIC ENTITY CRIMES :' As provided in F.S. 287.133 by entering into this con- tract or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates% suppli- ers, subcontractors and consultants who will'~'~ perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a)." 19. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirteen (13) enumerated pages which include the exhibits referenced herein, shall be executed in four (4) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 20. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agree- ments, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there, have been and are no representations, warran- ties, covenants, or undertakings other than those express- ly set forth herein. day of WITNESS our Hands and Seals on this , 1996. (C.ITY SEAL) CITY OF BO~BEACH By:BY"~ G~raid~~:~/~Taylo~ ~/9 ': Mayor Carrie Parker, City Manager '~ / x° -~ ) · /,:~,:, ~..- (~.1,..-~-..:.~- . ~- . Attorney for Municipality (Signature Optional) Approved, nas to Form and Log~~o~ / 'Assistant County Attorney Palm Beach County BY: PALM BEACH COUNTY, BY ITS BOARD OF COUNTY COMMISSIONERS  ~ JUN BK ~y Commissioners SEAL ) --' 0.- ..... - Dorothy H.' Wilken, Clerk ~,,;9~' ~O.',O'~. ;o' -, '~ L~, .,~ . ., / · -Sm; cOUNTy, ;~.-. · ~ 2,4, ,,~.,; DePuty C1~~ ',?.~I-. -:lO.-'