R93-161RESOLUTION NO. R93-/~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING THE BID FOR COSTA BELLA DRAINAGE
IMPROVEMENTS TO JOHNSON DAVIS, INC.;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETWEEN
THE CITY OF BOYNTON BEACH AND JOHNSON
DAVIS, INC.; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on September 8, 1993, bids were opened for the Costa
Bella Drainage Improvements; and
WHEREAS, the City Commission of the City of Boynton Beach has
deemed Johnson Davis, Inc., to be the lowest responsible bidder;
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 Johnson Davis, Inc., as
the lowest responsible bidder, and authorizes and directs the Mayor
and City Clerk to execute a Contract between the City of Boynton
Beach and Johnson Davis, Inc., which Contract is attached hereto.
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this ~ day of October, 1993.
CITY OF BOYNTON BEACH, FLORIDA
MayQr
~ner
Cit~ Clerk
(Corporate Seal)
Costa. Bella
Bid. 9/30/93
Rev. 10/6/93
/
Project #.
THIS AGREEMENT, made and entered into this ~ day of
~/;'/~-7~ , A.D. 19~-~ , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and
JOHNSON-DAVIS. INC.
Florida Corporation (__X_)
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
Check one
hereinafter called "CONTRACTOR".
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: Fifty-Seven Thousand Two Hundred Dollars
and 00/100 ($57,200.00), 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
which is hereby incorporated by reference into this agreement, an~
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 COSTA BELLA DRAINAGE IMPROVEMENTS, City of
Boynton Beach, Florida, all of which are incorporated herein by
reference at such unit prices/or lump sum prices as
specified in CONTRACTPR'E bid totalling S57.200.00 .
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 Ail 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 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 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.
2.7' 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 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 and regulations of
the City of Boynton Beach, Florida.
2.9 Upon completion of the 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
30 days following the commencement date as specified in same.
3.Z 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 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 CONTRACTOR shall be in default of completion.
The CITY shall have the right to 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, as liquidated
damages, the sums as specified in Article 5,7 and 8 in the General
Conditions for failure to begin within ten (10) days and failure to
complete the work within 30 calendar days from the date of
"Notice to 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 glve 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.
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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 utitlies.
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 kine 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 performacne. The
contractor and the City hereby agree and covenant that teh
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 provlson 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 teh insurance provisions which are set forth
in Article herein. However, the indemnification provision,
and the insurance provison contained in this Contract are not
interdependent of each other, each one is separate and distinct
from the other.
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6.4. The obligation of the Contrctor 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 PA~MENTBY 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
C~ANGES 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
approved by the City Manager or City Commission
otherwise, no claim for extras will be allowed.
in writing and
if required,
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 in writing for unforseen 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 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.
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8.4
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.
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.
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
8.4.3
· f no such unit przces are set forth, then by a
lump sum or other unit prices mutually agreed
upon by the CITY and the Contractor; or,
By cost reimbursement which is the actual cos~
for labor, direct overhead, materials,
supplies, equipment and other servicss
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
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
8.4.3.6
The Contractor shall submit sufficient
cost and pricing data to enable the
Engineer to determine the necessity and
reasonableness of costs and amounts
pro. posed and the allow ability and
eligibility of costs proposes.
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.
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.
In no case shall fringe benefit costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
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.
Aong the items considered as general
overhead are bonds, insurance,incidental
job burdens, supervision and general
office expenses.
In no case shall the Contractor,s cost for
administerlngsubcontracts exceed five (5)
percent of the subcontractors'cost not
including subcontractors, profit.
8.5
8.4.3.7
8.4.3.8
For special equipment and machinery such
as power driven pumps, concrete mixers,
trucks, and tractors, or other equipment,
required for the aconomical 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.
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.
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 THE CITY ENGINEER
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.
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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 - -
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,
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 con]unction
with his operations at the work site. Internal combustion engines
used on construction equipment shall be equipped with mufflers, as
required by the Code of the 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 6:00p.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.
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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 shall 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 tim~ 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 and if the
contractor shall not, prior to the effective date of termination
set forth in such notice, take such messures as will, in the
judgement of the City Manager, insure the satisfactory performance
of the work, the City Comm City ~anager may declare
the contract terminated on
notice, or any date
termination, the tit
Surety and the CONTRACTOR
stop work and cease to have
ground and shall forfeit his
City Manager shall
CITY'S action and the Surety
of said notice remedy the deft
expeditiously as possible:
dBte specified in such
thereto. In the event of such
notify the CONTRACTOR and
respect such notice and
any to the possession of the
contract. Upon such termi~uation, the
with written notice of the
ten (10) day~ of receipt
or the surety shall as
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
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.
i1
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 timprovement 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. '
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 withln 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 not be limited to
the architect, project manager, and consulting engineers.
12
In ~ITNESS WHEREOF,
signed by its Mayor and
with the Corporate Seal
executed these presents
the CITY has caused these presents to be
city Manager, attested by the City Clerk
of the said CITY and the CONTRACTOR has
the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest:
~ City Cler~
CITY OF BOYNTON BEACH, FLORIDA
Mayor
App~ved/2s to Form:
bw City At~ney
Signed, sealed and wi~'ssed
in the ple~ence~of/~
CONTRACTOR
President or Vice President
Attest as to Contractor
State of Florida )
)ss:
County of Palm Beach )
Personally app~a~red before me duly authorized
to me known to be the persons described herein
foregoing instrumen~a~nd have acknowledged before me
executed same. ,~~~~
Notary Public
.~
My Commission Expires:~,~-~u~'~:r' ,,~,,-~,, ~E~,~E::~ INS. UNO,
to administer oaths
and who executed the
and they have
13