R94-49RESOLUTION NO. R94-//~'
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING THE BID FOR LOCAL AREA NETWORK
(DACS CONTRACT 5) TO ESS ENGINEERING
SOFTWARE SERVICES IN THE AMOUNT OF
$199,457.99; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND ESS ENGINEERING SOFTWARE
SERVICES, AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, bids were opened for the Local Area Network (LAN)
contract, which is a part of the Utilities Department overall DACS
package on February 15, 1994; and
WHEREAS, the City Commission of the City of Boynton Beach,
upon recommendation of staff, has deemed it to be in the best
interests of the citizens and residents of the City to award the
bid to ESS ENGINEERING SOFTWARE SERVICES 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 awards the bid to ESS ENGINEERING SOFTWARE
SERVICES, as the most responsive and responsible bidder meeting
specs, and authorizes and directs the Mayor and City Clerk to
execute a Contract between the City of Boynton Beach and ESS
ENGINEERING SOFTWARE SERVICES, which Contract is attached hereto as
Exhibit "A".
Section2.
upon passage.
PASSED AND ADOPTED this
This Resolution shall take effect immediately
day of March, 1994.
CITY OF BOYN/~N BEACH, FLORIDA
Vi~ Mayor
Mayor ~ ~~
Commissi~& ~ ~
ATTEST:
Ci~ clerk
(Corporate Seal)
commissioner
DACS.UTL
3/10/94
1/93 Project ~92-007
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.
S. igned, sealed and witnessed
the presence of:
Attest:
~ ' City Cle~k
Signed, sealed and witnessed
in the presence of:
State of Florida )
)ss:
County of Palm Beach )
CITY OF BOYNTON BEACH,
. ..-~/ ~/~ity Ma~nager
: city Atto~
CONT~CTOR
~r~si~nt or ~
FLORIDA
oathsPersonalty appeared before me duly authorized to administer
to m. known to
persons ~escribed herein and who executed the
fore~o_n=a i ~ instrument and have acknowledged before me And they have
executed same.
Notary Public/' '
My Co~ission Expires: ~- ;O -~/
Contract. doc
Rev. 1/19/93
~.. W~:. .... .~'
END OF CONSTRUCTION CONT~T
13
2.0 SCOPE OF SERVICES
2.1 Contractor
supplies, machines, equlpme~t,
insurance 'ac
said proj . in
in th~ contract
specJ
exp
further agrees to furnish all' materials,
tools, superintendents, labor,
services necessary to complete
,ns and prices as s~ated
and
maps,
or
documents and spe¢i~%c~tio~s for th~ pro ect.
2.2 Ail the
shall be
~id
plans
requirement ~
the party contracting todo Said work.
to
2.3 THE CONTRACTOR further agrees furnish all tools,.
do
equipment, materials and supptleS and to all ~he work aboVe
mention in a first-class, SubStantial and workmanllkemanner, and
in conformity work file in office
of the
accordance'
which are as
well CITY
MANAGER of W~th the
directions MANAGER or his
authorized set
forth.
2.4 Upon receipt of written notification from the CITY, to
correct any defective or faulty work or materials which may ~ppear
within one (1) year after completion of the contract and receipt of
final payment. Contractor shall make the necessary corrections
within ten (10) days of receipt of the written notice.
2.5 To comp%y with the provisions of Section 215.19, Florida
Statutes, if applicable.
2.6 T? pay. promptly, before final settlement, any and all
claims or llens lncurred 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 .up all rubbish,
debris, excess material, temporary structures, tools and equipment
from streets, alleys, parkways and adjacent property thatmay have
been used or worked on by the Contractor in connection with the
project promptly as such section or portion is completed and ready
Page 2
for use, leaving the same in a ne~,.and presentable condition.
Payman~ of monthly or pa~al estima~ ~ay be withhel~ until this
has been done to the s~tisfaction of the'DIRECTOR OF UTILITIES.
Final acceptance and pa!amen~ for the entire project will no~ be
made until the site is satisfactory to the CITY.
2.8 The CONTRACTOR shall at ~!1 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
shall satisfy himself, by examination and test, that the work has
n accordance with the plans, specifications
and When the DiRECTOR'~OF UTilITiES ~is so
satisfied, he shall recommend acceptance thereof to t~e City
Manager, who shall, if ~e agrees wit~ such re¢ommendaDion.~ present
the final payment application to City commiSsiOn fo'r review and
.vote to formally accept the project.
supervision of the CITY as hereinafter
· ity of the engineer"~ shall not make the.
or employee of the CITY, but the CONTRACTOR
shall at all times, and ~n all respects have the rights and
liabilities of an independent contractor.
part
2.~0 After the cleaning up of the work, premises, streets,
a~leys, manholes, .catch basins, or other areas of structures in
a~yway ~¢Qn~ected with the performance of the contract, the work as
be i~spected by the. UTILITY ENGINEER, and any
or.materilals found ~ot meeting the requirements of the
shall be removed by or at the expense of the
and satisfactory workmanship or material
All settlement, defects Or ~amage upon any
~ shall be remedied and made good by the contractor.
~ost
2.13
will be held responsible for the care,
of all work until final completion and
will be required to make good at his own
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
~o Proceed" iof ~the~C~TY and to fully complete the project within 60
~alend~r da~s following the commencemen~ date as specified in 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
~equired ~o ~ performed within the time limit set forth in the
~ontract, allowance for any extension or extensions of
~ime made in accord~anCe with provision hereinbefore se= forth, the
Page 3
CONTRACTOR shall be liable to the CITY, as liquidated damages and
not asa penalty, in the amount stipulated therefore in the special
conditions or in other contract documents for eac~ and every
calendar day that the CONTRACTOR shall be in default of completion.
The CITY shall have the damages
or to
3.3
of of
4.1 The
of
~5
give a
consequence
work~
and
fulI
them
or
the
to
off.the
entire
final
and
and
.ce in
Page 4
and
rY
having charge of any property or utit~ities owned by the CITY and ~o
other owner or owners of public or private property ~ u~ilities
when they will be affected by the work to be perfo~ed 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 proper~y or utilitiesJ
6.0 INDEM/~IFICATION
6~1 The CONTRACTOR shall indemnify and save harmless and
defend the CITY, its agents, servants, and employees and Engineer
from and against any claim, demand, or cause of action of
whatsoever kind or nature arising out of error, omission or
~negligent aot~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.., and Engineer. from and
against' any and all causes,!~¢la~ims, demands, actions, losses,
liabilities. settlements, judgements, damages, costs, expenses, and
fees (incl~ding 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,
of the city, its agents, servants, or
~ this contract or its performance. The
contracto=~ ~eby a~ree and covenant that the
, which constitutes
ty ~o the Contractor, specific
paragraph. It is the
this provision shall
be be in compliance with
in
are
this ~reement by t~e C?ntracto~ shall
=o~pl~ with theforegolng Indemnification
insurance provisions which are set forth
However, the indemnification
contained in this Contract
of other, each one is separate and
6.4 The of the Contractor to indemnify the City is
not sub~Ct~ limitation or defense as a result of any
insurance pz~/ceedsav~itabte to either the City or the Contractor.
7.0 PAYM~NT~BY CITY
7.~ ," agrees to ,pay the CONTRACTOR in current funds
for the ~ of the contract, subject to additions and
deductions,.:as in the specifications.
Page 5
8.0 CHA/~GES IN THE WORK
8.1 The CITY, without invalidating 'the Contract', may order
extra work or make changes by altering, adding to ordeducting from
the being ~ted accordinc Ail such
work
Contract. Any claim for extension of time
made, in writing, at the time such change
1 be
in writing and
if' reqUired,
8.3.2
8.3.3
the
by the
to
of his
out
an
any such
no
be
No unless
.~ Change
¢ ager
, if
s!gned
8.3.4
8.3.5
prepar
the
lng
work
.aDditional
i~hder the
in
to the
Lons
.on in
Page 6
8.4 The value of any change ordered under the Contract for
extra work and~or any reductions in work requiredI 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=nit 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 receive 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 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 allowability and
eligibility of costs proposed.
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
Page 7
8.4;3.4
8.4.3,5
8.4.3.6
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,
percent
benefit costs on
exceed forty (40)
costs.
In' no ~11 the
Contractor and
overhead and
exceE fteen
and
as
and
:ontractor's cost
exceed
the subcontractors'
subcontractors'
8.4.3.7
8.4.3.8
machinery such
pumps, concrete mixers,
~ or other equipment,
economical performance
the Contractor
~d on the agreed
item of equipment
of its use on the
price shall
rates published by
Company in the
" Rental Rates for
,Equipment". Rate shall be
or monthly as appropriate.
extra work done shall be
the end af each day by the
Engineer. Such daily
~istinguish between
contract and that
Order. Duplicate
records shali be
by the ~ontractor and the
copy retained by each.
Page 8
8.5 Claim of payment forextra-work shall be submitted by the
Contractor upon certified statement supported by receipted bills.
Such statements shall be submitted fo~ 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 Stanley Consultants, Inc.
9.2 The Engineers hall have general supervision and direction
Of the work~ He~is the agent of CiTY onl~ to .the extent provided
in the contractdocumentsand whenin spe~lai instances he has the
by~ CITY to act, and~ in s~ch instances he shall, upon
written authority. He has authority to
whenever-su~hstoppage may be necessary to insure the
proper execution of the contract.
heshall sl
power
by both.
10.0 INSURAN~ ~CE
sha
Contractor
naintain
motor
~as Supp
the term of this
damage
contracted and
Of the Work
or
Such insurance
the insurance
be documented in a certificate
o! the C~Y ~fl B~ynton Beac~ shall be
least thirty (30) days in adgan6e of cancellation,
no.n~.e~ewa% or a~rse change. ContraCt~r agrees to furnish
policies, if CertifiCate of Insurance is not acceptable.
10.3 The
prevent
usedon
they~
other
which~s
CONTRACTOR shall take all necessary precautions to
of loud~ unnecess ' noise in conjunction
~ at the work site. combustion engines
equipment shall be equipped with mufflers, as
~e o~ t~e City Of ~9~ton Beach,. and the
,ly wlth&li other requirements of this Code as
to prevention Of noise. No p~l~'driver, excavation or
bY loud or unusual noise, shall be operated
Page 9
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 o~ emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 Ail the work
condition for one year from dat~
to ~remain in ~good
pta,nee.
12.0 TERMINATION OF CONTRACT
12.1 If the work
to be performed under the contract is
'~ other than provided for herein; if the
· ass lgnment
if a
his
to
:he
is
of
10
as
in
upon
Lowest
work
~ult
or
~thls
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 aa~ andall documents executed ~etwee~ the~parties
relative to the p~oject. In the event of any inconsistencies the
terms, provlsionsand conditions set forth in the subject contract
shallsupersede all' other documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1 In as much as the provisions hereof, and of the plans and
~pecifications herein, and of all the other contract documents
relating to the times Of performance and completion ofthe work are
for the purposeof:~en~bl~ng the CITY to complete the construction
Of a public imProuement 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 agent or employees, by the act or
omission of any other party, or delay caused by weather conditions
or unavailability of materials, 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, by the act
or omission of any other party, or delay caused by weather
conditions or unavailability of materials,
15.2 Failure on the part of Contractor to process a written
request for an extension of time to complete the work within 10
business days of the' act, occurrence or omission which is the
reason for the request, shall constitute a waiver by Contractor and
Contractor shall be held responsible for completing the work within
the time allocated by'this project.
15.3 Ail requests for extension of time to complete the work
shall be made in accordance with the General and Special
Conditions.
Page 11
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.
s to be
Clerk
ore written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTONBEACH, FLORIDA
Attest:
City Clerk
~ighed, sealed and witnessed
in the presence of:
Ci%Y Attorney
CON'~RAcTOR
Presidentor V£ce~President
Attest as toContractor
State of Florida )
)SS:
County of palm Beach )
Personally appeared before me duly authorized to administer
oaths
to me known to bethe persons described herein and who executed the
foregoing instrument and have acknowledged before me and they have
executed same.
NotaryPublic
My Commission Bxpires:
Contract.doc
Rev. 1/19/93
Page 12