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R96-053RESOLUTION NO. R96-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE DEMOLITION OF THE CITY;'S TWO EXISTING ELEVATED WATER STORAGE TANKS TO D.H. GRIFFIN WRECKING COMPANY, INC., IN THE AMOUNT OF $32,500.00; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND D.H. GRIFFIN WRECKING COMPANY, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for the demolition of the City's two existing 500,000 gallon elevated water storage tanks, one loCated at the Public Works compound and one at the East Water Treatment Plant; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommenda%ion of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to award the bid to D.H. Griffin Wrecking Company, 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 for the demolition of two elevated water storage tanks to D.H. Griffin Wrecking Company, Inc., and authorizes and directs the Mayor and City Clerk execute a Contract between the City of Boynton Beach and D.H. Griffin Wrecking Company, Inc., a copy of which Contract is attached hereto as Exhibit "A". Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this /~ day of April, 1996. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Commis s loner issioner 1/93 Prolec~ # CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 19 , by and between the CITY OF BOYNTON BEACH, a municipal corporanion of Florida, hereinafter called the "CITY" and D.H. Griffin Wreckin~ Co., Inc. a Florida Corporation a Florida general partnership a Florida limited partnership a sole proprietor (__) Check one ( ( (~) hereznafter 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:thlrtv two tholi~ ~o b,,~,~ ~ YY/l~ , 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 premised and the mutual conditions and covenanns 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 26, 1~ , 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 Demolition of the Two Existing 500,000 Gallon Elevated Steel Water Storage Tanks, City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sumprices as specified in CONTRACTOR'S bid totalling $32,500.00 . Page 1 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees ~o furnish ail 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, ] lans whiC maps, plats, ~iueDrints, and and written explanatory Dn~ contract documents and s~ ~ 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: theconditions~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 mention ~ ~n a first-class, substantial and workmanlike manner, and in conformity with the details sa of the BOYNTON BEACH UTI accordance with the specificati which are hereby referred well as to the satisfaction MANAGER of the said CITY,. and in directions which may be authorized representative, at forth. work on file in the office for CITY and strictly in ral stipulations and plans part of this contract, as Commission and the CITY str~ with the te said~CITY ;ER or his the price herein plainly set 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 contrac~ and receipt of final payment. Contractor shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the' provisions of section 215.19, Florida Statutes, if applicable. 2.6 To~ Day 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. 2.7 The CONTRACTOR shall remove and clean uD 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 zn connecEzon with the project promptly as such section or portion is completed and ready Page 2 for use. leaving the same in.a ~n~a~ and presentable condis~cn. Payment of monthly or partial estlma~es may be withheld until ~his has been done to the satisfaction of the DIRECTOR OF UTILITIES. Final acceptance and payment for the entire project will not be made until the site is satisfactory co the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the DIRECTOR OF UTILITIES shai!~ satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract document. When the DIRECTOR OF UTILITIES ~s 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 UTILITY ENGINEER, and any workmanship or materials found not meeting the requirements of the specifications shall 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 accept.ance thereof, and will be .required to make good at his own cost any damage or injury occurring form 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 120 days following the commencement date as specified ~n same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with provision hereinbefore set forth, the Page 3 CONTRACTCR shall be liable to 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 C©NTRACT©R shall be in de . The CITY shall have the right to deduc~ ges from any amount due. or that may become due the ( or ~o Collect such ~liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR ~al of contract, notify subcontractors proposed f others as UTILITY that architect incompetent or as unfit. 4.0 LIQUIDATED DAMAGES ure of for such any-- tO as 4.1 The CONTRACTOR further agrees to Day $250.00 per day as iquidated damages, ,,for failure to begin within ten (10) days of Notlce to Proceed or failure to complete the work within 120 calendar days from the commencement, date to be i :a~ed in the written "Notice to Proceed." NOTE: The CONTRACTOR will prepare and submit to the Owner a detailed construction schedule in accordance with the requirements of Paragraph 6.1 of the General Conditions. Lle is to during will during ~atment the CONTRACTORi's work area during the overhe~ad d~ at the Public Works site. If the CONTRACTOR fails to complete the overhead work activities within :ified 14 calendar days allocated for site, then the f will be responsible for re at the--~' rate of $500 ~per day for each additional day at site that staff and equipment remain relocated. ~ This reimbursement for additional relocation costs is distinct from, and will be assessed in addition to, any liquidated damages that may accrue to the CONTRACTOR in accordance with the requirements of General Conditions, Page GC-20, Paragraph 17.4, LIQUIDATED DAMAGES, and Supplementary Conditions, Page SC-l, Part 1 - Liquidated Damages. 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 Page 4 encountered, and the prompt repairing, of any damage done to them during the progress of ~he w6r~/~ ~r ~'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 unwamerzng of all excavation, incidental to the execunion 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, '~he suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of nhe contract and for the maintenanCe of the entire work and conszruction 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 proper~y, s~ructures, water mains, sewers, utilities, etc., both above and below ground, at or near the sine or sites of the work being performed under the contact, or which are in any manner affected by the prosecution of the work or the transportation of men and material 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 nanure arising out of error, omission or negligent ach 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, judgements, 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 Page 5 additional consideration provided for in this paragraph. C!ty's and Con~racsors's full intention that this provision shall be enforceable and said provlslon shall be in compliance w~sh Florida Statute 725.06. 6.3 obligate as~we!l as~ the insurance provIsions which are set forth However, the icat~on separate and 6.4 on of the Contractor to indemnify the City is not sub]~ , limltation or of any ....... insurance proceeds available to either The City ¢ Conuracuor. 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. Ail 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 Ail 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 conditlons and procedures governing extra work under the Contract: _ 8.3.1 Any change order in excess of $5,000 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 in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no "future claim for such extras will be Page 6 8.3.3 considered or allowed by the CITY. No claim for extra work will be allowed unless and un~l authorlzy for same by written Change Order has been obtained from the City Manager or the City Commisslon of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes i~ the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written change order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustment under the Contract shall be promptly transmitted mn writing by :he General Contractor to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change 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 cos: for labor, direct overhead, materials, supplies, equipment, and other servzces 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 wages to be agreed upon Page 7 in writing before szartlng 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 Englneer to determine the necessity and of costs and amounts the allowability and iiity of costs proposed. 8.4.3.2 The Contractor shall have an accounting system which accounts for such costs in accordance with generally accepted acc princlples. This system shail pro~ 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 idles which must be used for the :1on 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 i~ 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 expense. 8.4.3.6 In no case shall the Contractor's cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. Page 8 8.4.3.7 For speqial equipment and machinery such as power driven pumps, concreme mixers, trucks, and tractors, or other equipment, required for the economical performance of the aumhorized work, the Contractor shall receive payment based on the agreed rennal price for each item of equipment and the actual nime of its use on the work provided that the rental price shall no~ exceed the current rates published by the Equipment Guide Book Company in the Blue Book, " Rental Rates for Construction Equipment" Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the Con~racnor 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 supporned by receipted bills. Such snatements shall be submitted for the currenn Contracn 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 the Director of Utilities or his designated representative. 9.2 The Engineer shall have general supervision and direction of the work. He is the agent of CITY only to the extent prow[ded in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9:.3 As the Engineer is, zn 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. Page 9 i0.0 INSL.ri~ANCE 10.4 The Contractor shall maintain during the term of this contrac~ 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 sublet, CONTRACTOR'S contingent or pro~ec~ze ~labl!lty and damage insurance. Such insurance shall those set insurance requ upplementary Condi 10.2 be documented in a certificate of insurance~whic .the CITY of Boynzon Beach shall be notified days in advance of cancellation, non Contractor agrees to furnlsh policies ~f Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevenu the generation,Of with his operations at the used on c required by CONTRACTCR si they pertain to other which is between the permission unnecessary no~se ~n conjunc~lon ire. Internal combustion engines shall be equipped with mufflers, as Cilty of Boyn~on Beach, and the other requirements of this Code as oisle. No pile driver, excavation or hammer, derrick, the use of unusual noise, shall be operated ~nd 7:00 A.M., except by written a~d then only in case of emergency. 11.0 GUARANTEE !AND WARP~ANTIES 11.! Ail the work shall be guaranteed to remain in ~ood condition for one year from da~e 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 asse~s be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if at any time the Engineer shall certify in writing to the City ,Manager that the performance of the work under the contract is bein~ unnecessarily delayed or that the CONTRACTOR is willfully violatin~ 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 co~leted within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, then the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY Page 10 and if The contractor shall no~,..~.prior ~o the effective date of termination set forth in such notice, ~ake such measures as will, · n the judgement of the City Manager, insure the satisfactory performance of the work, The City Commission and the City Manager may declare the conzract terminated on the effective date specified in such notice, or any date subsequent thereto. In the even~ of such ze-~-mination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ~en (10) days of receipt of said no~ice r~emedy 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 nerms 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 paragraph hereof. The term "balance 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 TIF~ OF ES$~NC~ 14.1 In as much 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. Page 11 15.0 REMEDY FOR DELAY 15.1 In the event ~f any delay in act or omission of the City, its agent or omisslon of i rt~, or delay caus or itY of materials, Contractor shall beby extension o an or ro3ecn caused by any , the act or ditions remedy available to allocated to complete !d co by act =her 15.2 Failure on. the part of request for an extension of time Contractor shall be held respons~ the time allocated by this project. th~ ten 10 ch is the :ractor and within shall Conditions. extens' ime to complete the work General and Special 15.4 For the purpose of this section, the phrase "the City, its agents a!nd employees" shall incl but shall not be limited to the arChiteCt, project manager, and engineers. Page 12 In WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor and City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presents the day and year herein before written. Signed, sealed and witnessed in the presence of: / Attest: ~ City Cler~k Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA CONTRACTOR Attorney 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: Contract.doc Rev. 1/19/93 Page 13