R93-87RESOLUTION NO. R93-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETWEEN
THE CITY OF BOYNTON BEACH AND ERWIN
CONSTRUCTION ASSOCIATES FOR THE ADDITION
TO THE 5~INTENANCE SHOP AND LOADING PAD
SHELTER AT THE BOYNTON BEACH MUNICIPAL
GOLF COURSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June !, 1993, the City Commission of the City
of Boynton Beach, Florida awarded the bid for the addition to
the Maintenance Shop and Loading Pad Shelter at the Boynton
Beach Municipal Golf Course to Erwin Construction Associates,
Inc., in the amount of $54,896.00; and
WHEREAS, the City Commission deems it to be in the best
interests of the citizens and residents of'the Cit~.to execute
a Contract with Erwin Construction!Associates, Inc.
NOW, THEREFORE, BE IT RESOLVEDBY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, hereby
authorizes and directs the Mayor snd City Clerk to execute s
Contract with Erwin Construction Associates, Inc., which
Contract is attached hereto as Exhibit"A".
Section 2. This Resolution
immediately upon passage.
shall tske effect
1993.
PASSED AND ADOPTED this /~- day of June,
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Ci~ Clerk
(Corporate Seal)
Go 1 f. Con
6/11/93
commYsFfS~%~__J
THIS AGREEMENT,
June , A. D.
CONTRACT_~3"*~ ~
made and entered into this _15th
day of
1993 , by and between the CITY OF BOYNTON
BEACH, a munlolpal corporation of Florida, hereinafter called the
"CITY"
a Florida Corporation
a Florida general partnership
a Florida limited partnership
a sole proprietor
and ERWINCONSTRUCTION ASSOCIATES
Check one
hereinafter called "CONTRACTOR".
WITNESSET~
That under the due procedure of law, bids w~e 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 $54,896.00
Fifty'Four Thousand Eight Hundred Ninety Six and no/100 Dollars_,
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 h'ire and
employ the CONTRACTOR and the CONTRACTOR does accept the award,
predicated upon the bid of the CONTRACTOR, dated _~ay 20th 1993,
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 Addition to Maintenance Shop and Loading Pad
Shelter at the Bolrnton Beach Municipal Golf Course.
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 ($54,896.00).
_~ift¥ Four Thousand Eight Hundred Ninety six and no/lO0 Dollars.
1
11.2 Upon recelpt of written notification from the CITY, 5o
correct any defective or faulty work or ma5erlals which may appear
within one ~l).year aft~r~o~p~tion of the contract and receip~ of
~nalPaYm~ht~ Contrac{or~ha~ll ma~e~~ the ~necess'ary~corre~tions
~]thi5 t~ (10)days of rece'~pt of the written notice.
12.0 TERMINATION OF CONTRACT
assi~
the
~S
12
be performed under the con~rac5 is
o~her than provided f~r hereiD; if the
: l~ a general.assignmenE
if a
any of his
~er~if~ ~n
under
~to
ac,
ract
the
s~ch
the
~. In
n~tify the
~ ~elspect
t~' ,~ the
r~%~ .~.~.,up~ such
(~0)
its terms and
~tha~ .~ontract zn
:an~ ~ upon
)le
as wo progresses (,e~V_en ~hough there
or a s.,U'~ces$ion i~'f ~fa3/l~ts under the
iS or ~Ompt~tlo~ a~r~e~, u,mder this
'f~nds. t~,,P~y;:t~e ~cost o.f~:,,~o~mpletion less
~,,co.nt~C~~ L.~u~c~;~ bu~ ~ ~?~ ~ exceeding,
and d~ages f~r ~which ~the~ S~rety may be
amount set forth in the first paragraph
7
hereof. The term "balance of the contract price", as used mn
this Paragraph, shall mean the 5otal amount payable by CITY 5o
CONTRACTOR under the Contract and any amendments thereto~ less
the amoun~ 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 pro3ect. In the event of any inconsistencies the
Lerms, provmsions and conditions seL forth in the subject contrac5
shall supersede all other documents an~ shall be controlling.
14.0 TIME OF ESSENCE
14.1 Inasmuch as the provmsions hereof, and of the ~lans and
specifications herein, and of all the other contract documents
relating Eo the times of performance and completion of the work are
for the purpose of enabling the CITY to complete the cons5ruc~lon
of a public improvemenm in accordance with a predetermined program,
all such time 1.imits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1 In the event of any delay mn the project caused by any
act or omission of the City~ its agenEs or employees, Lhe 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 mn association with any delay mn
the pro3ect 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 exEension 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,
agenss and employees" shall include but shall not be limited to
Architect, Pro3ect Manager, and Consulting Engineers.
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:
CITY OF BOYNTON BEACH, FLORIDA
XXXXXXXXXXXXXXXXXXXXXXXXX
Attest:
City Clerk
Approved~ as %o Form
City At 4 o~T~ey
Signed~ sealed and witnessed
in the presence of:
CONTRACTOR
President .or Vt~=e Presi-d~frt
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.
My Commission
Expires:
Contract.393
Rev. 3//93
i0
. CO..O.ATE
a corporation duly organized and existing under the laws cf the State of ~'"~-~ ~ ~ ~, hereby ce~i~q the R~ler Naflon~k
that a meet[n~pf the ~d of Dir~rs of s~,co~oratio~w~ duly c~l~ ~d h~d ~t [~ office in the Ci~ of
andStateof~'~ ~nthe ~ dayof ~~ ~19~ ,thatats~dm~tIngequommw~pr~nt~d
voting throu~ ~out, and ~at the following re~lution~ on motion duly made and s~nd~ were un~[mously adopt~ ~d enter~ upon
regul~ minute book of sa~d corporation, and are now in full force ~d eff~:
·
Eliz~ Sulliv~
F NAME