R92-36A 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 QUALITY
GRASSING SERVICE FOR GREENS RENOVATION;
SAID COntRACT BEING ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida, upon recommendation of Staff, deems it to be in the best
interests of the citizens and residents of the City of Boynton
Beach to enter into a Contract with Quality Grassing Service, for
.the greens renovation project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section i. The City Commission of the City of Boynton
Beach, Florida, does hereby authorize the Mayor and City Clerk to
execute a certain Contract between the City of Boynton Beach and
Quality Grassing Service, which Contract is attached hereto as
Exhibit "A".
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this J day of March, 1992.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
ci~ Clerk
( Corporat~e S.eal )
Gree~s~Ren .- ..
Au%h~g. doc- 2 ~ 28.. 92
MEMORANDUM
TO: Joe Sciortino DATE: March 4, 1992
Golf Course Director
FROM: Sue Kruse RE: Resolution #R92-36
City Clerk
Attached please find a copy of the above mentioned resolution
which was approved at the Regular City Commission meeting
held on March 3, 1992.
Also, attached is the uon~t~.~act which needsto be signed by
Qu~y~Grassing & Serv~C~eSl In~ when completed, please
return the Original signed contract to this office for
Central Files. Thank you.
Attachment
Sue Kruse
CONTRACT
THIS AGREEMENT, made and entered into this
day of
March ,
A.D. 19 92 , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter called the "CITY
and QUALITY GRASSING & SERVICES, INC. ,
a Florida Corporation ( )
a Florida general partnership ( )
a Florida lim/ted 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
~ommission having canvassed said bids, has determined that the bid in
h~ total amount of ($539,684.29) Five Hundred Thirty-Nine Thousand ,
Six Hdndred Ei~thy-Four and 29/100 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 hire and employ
the CONTRACTOR and the CONTRACTOR does accept the award, predicated
upon the bid of the CONTRACTOR, dated 1/28/92 , 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 ~olf course ~reens renovation pro~ect ,
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 $539,684.29
RESOLUTION NO. R92-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
~THO~ MAYOR AND
A CONTRACT BETWEEN
DATE~
AS
Florida
interests
Beach to
the ~
CITY OF
for
THE
Section 1. The City Commission
Beach, Florida, does~hereb~authorize
execute a certain
Quality Grassing
Exhibit "A".
of the City
of Boynton
Clerk to
and
!to as
Section 2.
upon passage.
This Resolution' shall tak~ effect immediately
PASSED AND ADOPTED this ~,~ay~of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
Greens.Ren
Authsig.doc-2/28/92
2.0 SCOPE OF SERVICES
2~.1 Contrad~or 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
specifTcations for the project.
2.2 labor performed under this contract shall be
material furnished. ~hal! be, strict
saidplans-a~d Specifications, ~ ~ .r~ :epts
and ~..tol.'the conditions contained in said plans and
specifications and agrees to comply with every requirement
to be performed by the party
contracting to. do said work.
2~3 ~TF~E.~C~NTRACTOR further agrees to furnish all tools,
equipment, materiat~ and supplies and to do all the ~WOrk. above
merit [ in t-class, substantial and workmanlike manne~, and in
work on file in the offlce Of the
· he ..-CITY and strictly in accordance with the
st~ipulations and plans which are ~ihereby
of this contract, as well as .to
whic!
set forth.
the
the said
by
for the
2.4 Upon receipt of written notification from the CITY, to
work or materials which may appear
=he contract and receipt of
final ~ayment~ make the necessarycorrections within
ten (10) days ~ritten 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 s~bcontractors 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
alleys, parkways and adjacent property that may have been used
!by ~he contractor iniconnection with the project promptly
as Portion is completed and ready for use, leaving the
2
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 f6r
: the entire Pro~jec~ wilt not be made,,Un~i~ the~ite iS saris,factory to
the C~Ty,
the
of the
City
City
~fter
the
~hall
of an
or
and
Ail
be
good, .at hi~
ion a}
own co~
or
3 · 0 COMMENCEMEI~ O~.~,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 days
following ~he commencement 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
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~ ~orth, the
CONTRACTOR shall be liable to the CITY, as liquidated'damages and not
3
as a penalty, in the amount stipuiated therefore in the special
conditions or in other contract documents for each and every calendar
day that the CONT.RACTOR 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.
5.3 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 a~y that architect may,
within~a reasonable ~ime, object,to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1
the suns
for
work With.:
5.0
"agrees to pay, .DS ..!iquidated damages,
Article--5,7 and 8 in the~. General Conditions
(10) days and faii.~r~ to complete the
the date of Notice to~ Proceed".
PROTECTION OF EXISTING FACILITIES
warrants that prices include the protection
and sewers, ~ondu!ts, drains, pipes,
construction encountered, and the
promp damage dohe to them during the progress of the
work ~ficient support thereafter; ~lso, all filling,
ramminq,,puddting and consolidating; the removal
and 1...rubbish and~surplus material; also all pumping,
of all excavations, incidental to the
the furnishing of a~l .necessary labor,
tools, ials and~supplies, etc. and the performance of
the Whole the detailed plans and specifications
necessa ~t, and including all.expense incurred
in or or discontinuance of the said
woz with each and e~ery one of the
the maintenance of the entire work
and in good condition and repair until final acceptance.
5.2 sume full responsibility and expense
for all public and private property, structures,
water ilities, etc., both above and below ground, at
or near site or sites Of the work being performed under the
contract O=~hich a=e in any manner affected by the prosecution of the
work or of men and materials in connection
shall give reasonable written notice in
TY having charge of any property or
~ CITY and to other owner or owners of public or
private when they will be affected by the work to
be contract, and shall make all necessary
arrangements with ~, departments, owner or owners for the
~emoval and or protection of such property or utitlies.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR sha2
the ~cITY
out of error omission or
and save harmless and defend
any
of~se~ices under this
its
its
its
3hall
~n
7'. 0~ ~AS~4~NT~ BY ~TY ·
to '
the contract
r the .CONTRACTOR in curren~ funds for
; and deductions as
8.1:
work ¢ al
~the-..(
~ditions of
such
.dating ~he Contract, may order extra
) er deducting from thework,
,. AIl~such work shall be
the oriqinal Contract~. Any claim for
be made, in writ±ng,'at the time
5
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 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
comme~ce with ~is work without making a claim in
~rseen extr. a work he encounters, it
and agreement by
him that any-such ~work is required under the
contract and no future claim for such extras will
be ~ons~dered or allowed by the CITY.
8.3.3
~xtra work will be allowed unless and
by written Change Order
has the City Manager or the City
~ommiss~on o~.: Boynton Beach, if necessary, which
uthorization 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.
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 red~c~ions 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
6
8.4.2
subject to review to determine if a new unit price
should be negotiated; or
If no su~ .nit prices are set forth, by a
upon
8.4.3
By cost
.ch
is the actual cost for
mat3~im!s, supplies,
necessary to compleX' ~
percent to cover t~
~ hour
not be
8.4
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
with
This
In
of
In
the
supp
of
cost
to
allow
~f COSTS proposes.
have anaccounting system
costs in accordance
accounting principles.
provide for the
and segregation
Change Order
that the Contract is
, the Contractor'__
to the applicable rules
to cost principles
the determination and
under grant.
: COSTS on
forty (40) percent
actor and
Overhead and profit in
fifteen (15) percent of
direct labor, fringe
overhead, materials,
directly related
services supplied by him. Aong 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
percent of the subcontractors'cost
including subcontractors' profit.
(5)
not
8.4.3.7
For special equipment! and machinery such as
power driven pump~, concrete mixers, trucks,
and I required for
authorized
based on each item
of use on
the work shall
not exceedthe current rates the
.de Book Book,
weekly o
as
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
clea=ly distinguish between the work done
under the ~contract an~ that done under the
~hange Order. Duplicate copies of accepted
daily re~ords shall_b~ made, signed by the
Contraotor and the Engineer and one copy
retainedby each.
8.5 Claim of payment for extra work shall be .submitted by the
Contractor upon certified statement supported BY recelpted bills. Such
statements shall be submitted for the current Contract payment for the
month in which the work was done. No claim for]~ex~ra work shall be
allowed unless the same was ordered, in writing, as aforesaid and the
claim presented at the time of the first es~imaHe~ a~ter the work is
completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be
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
8
whenever such stoppage may be necessary to insure the proper execution
of the contract.
9.3 AS the-Engineer is, in the first instance, th~ ~interpreter
of of the contract and the its performance, he
· but shall use his
performance by both.
10.0 INSURANCE'
CONTRACTOR shall maintain during the term of thJ
Of the work covered
;ive
the i
in a certificate of
of Boynton Beach shall be
advance of cancellation,
agrees to furnish policies if
of
necessary precautions to
noise in conjunction with
.on engines used on
mufflers· as required by
the CONTRACTOR shall comply
they pertain to prevention
construction equipment,
is attended by loud or
of 6:00p.m. and 7:00
City Manager· an~ then one:
to remai~ in good condition
for
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned by
the CONTRACTOR other th~n provided for herein; if the CONTRACTOR should
be adjudged as bankrupt; if a g~eral assignment of his assets be made
for the'benefit of his Credito~; 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 t~at 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
9
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 lts 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 and if
the contractor shall not, prior to the effective date of termination
set ~forth in such notice, take 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
such notice, or any date
terminated 0nthe~effective
shall
remedy the
shall
to. have any
contract.
Surety with
ten
the surety
12.1.1 Complete ~,the co~t~act in accordance with its terms and
conditions, or
in
or ~bids for completing the Contract
work
of ; Under the contract or contracts or c~pletion arranged
under Chis paragraph) sufficient funds to pay the cost of completion
less the balance of the contract price; but not exceeding, including
for which the Surety ~ay be liable hereunder,
the the first paragraph he~eof. The term "balance
of the ~ontract · as used in this paragraph, shall mean the total
amount ~ to coNTRACTOR unde~ ~he C~ntract and any
, less the amount properly paid by CITY to
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
10
improvement in accordance with a predetermined program,
limits are of the essence of the contract.
15,0 REMEDY FOR DELAY
act
all such time
any -
to
a c t omits ion:
an
a
for
work
15.4
its agents
architect,
In
signed by
the
these
Signed,
in the
the
~ssed ·
~ity,
the
s to be
with
executed
FLORIDA
Attest:
City Manager
Mayor
Approved as to Form:
City Clerk
City Attorney
11
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
QUALITY GRASSING AND SERVICES,
INC
President of 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:
12