R98-124RESOLUTION NO. R98-/~,~z
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF A BID FOR THE EAST
WATER TREATMENT PLANT SITE IMPROVEMENTS
TO SELECT CONTRACTING, INC., OF RIVIERA
BEACH, FLORIDA IN THE AMOUNT OF
$716,952.00 (BID #062-401-98/SP;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETVVEEN
THE CITY OF BOYNTON BEACH AND SELECT
CONTRACTING, INC., AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, bids were opened on June 16, 1998, by the Purchasing
Division and Select Contracting, Inc., of Riviera Beach, Florida, was selected
as the lowest, most responsible, responsive bidder who met all specifications;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CIT~
COMMISSION OF THE CTTY 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 East Water Treatment Plant
Site Improvements (Bid #062-401-98/SP), to Select Contracting, Inc., and
authorizes the Mayor and City Clerk to execute a Contract between the City of
Boynton Beach and Select Contracting, Inc., a copy of which is attached
hereto as Exhibit "A".
Section 2.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS ,~/ day of July, 1998,
A'I-I-EST:
Cit~ Clerk
s:~Resos~Bid Awa~'~Sel~ Con. Znc - ~
7/Z3/98
CITY OF BOYNTON BEACH, FLORIDA
tv1
Mh¥or Pro Tern
Co~iss~oner
Commissioner
Project # 062-401-98/sP
CONTRACT
THIS AGREEMENT, made and entered into this b day of btv~05 ,
A.D. 19 98 , by and between the CITY OF BoYNTON BEACH, a municipal corporation of
F lofida, hereinafter called the "CITY"
aad SELECT CONIlIACTING, INC. ,
Florida Corporation
Florida general partnership
Florida limited partnership
sole proprietor
(x)
( )
( )
( )
ereinafter called "CONTRACTOR".
Check one
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
tescfibed, and said Commission having canvassed said bids, has determined that the bid in the
0ml mount of: $ Seven Hundred Sixteen Thousand. Nine Hundred Fifty Two and ~O/lO0.
ubmitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted,
md has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premised and the mutual conditions and
',ovenants 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'
2ONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the
',ONTRACTOR, dated 3une 16, 1.998 , which is hereby incorporated by reference
~to this agreement, and the CONTRACTOR does agree to fun ish the necessary labor, tools,
equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract
tocuments, bond documents, plans and specifications for City East Water Treatment Plant Site
Improvements, all of which are incorporated herein by reference at such unit prices/or lump sum
prices as specified in CONTRACTOR'S bid totaling: $ 716,952.00 ·
_
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,
Page I
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 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
ontractor accepts and Consents to the conditions contained in said plans and specifications and
Xpressly agrees to comply with every requirement and stipulation therein contained to be
erformed 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 ~ork 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 BOYNTON
BEACH UTILITY DEPARTMENT, for 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
s to the satisfaction of the City Commission and the CITY MANAGER of the said CITY, and in
trict obedience with the directions which may be given by the said CITY MANAGER or his
uthofized 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
york 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 255.20, Florida Statutes, if applicable.
2.6 CONTRACTOR agrees to comply with the public construction bond requirements
of Section 255.05, Florida Statutes.
2.7 To pay promptly, before final settlement, any and all claims or liens incurred in and
about this work. Furnish release of liens forms fi.om all subcontractors and suppliers of materials..
Forms to be specified by CITY.
2.8 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material,
temporary structures, tools and equipment fi.om 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 DIRECTOR OF UTILITIES. Final acceptance and payment for the entire
project will not be made until the site is satisfactory to the CITY.
2.9 . The CONTRACTOR shall at all times observe and comply with the provisions of
the charter, ordinances, codes and regulations of the City of Boynt~n Beach, Florida and all
applicable State Laws, municipal ordinances, and the roles and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout, and they will be
deemed to be included in the contract the same as though herein written out in full.
Page 2
2.10 Upon completion of the work, the DIRECTOR OF UTILITIES shall satisfy
himself, by examination and test, that the work has been fully completed in accordance with the
plans, specifications and contract documents. When the DIRECTOR OF UTILITIES 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 fight ofgeneral 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
.~ONTRACTOR shall at all ttmes, and m all respects have the rights and liabilities of an
independent contractor.
2.11 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins,
r other areas of structures in anyway connected with the performance of the contract, the work as
whole shall be inspected by the UTILITY ENGINEER, and any workmanship 'or materials found
~ot meeting the requirements of the specifications shall be removed by or at the expense of the
ontractor and good and satisfactory workmanship or material substituted therefor. All settlement,
~efects or damage upon any part of the work shall be remedied and made good by the contractor.
2.12 The CONTRACTOR will be held responsible for the care, protection and condition
all work until final completion and acceptance thereof, and will be required to make good at his
~wn cost any damage or injury occurring from any cause.
L0 COMMENCEMENT OF WORK
3.1 Contractor hereby agrees to commence work under this contract on or before a date
o be specified in the written "Notice to Proceed" of the CITY and to fully, complete the project
fithin 135 days--following the commencement date as specified in same.
3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in
he performance of the work specified and required to be performed within the time limit set forth
n the contract, after due allowance for any extension or extensions of time made in accordance
0vith provision 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 Supplementary
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 fight to deduct said
iquidated damages from any amount due, or that may become due the CONTRACTOR, or to
:ollect such liquidated damages from the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify
UTILITY ENGINEER in writing of names of subcontractors proposed for principal parts of work,
and for such others as UTILITY ENGINEER may direct, and shall not employ any that
ENGINEER may, within a reasonable time, object to as incompetent or as unfit.
Page 3
4.0 LIQUIDATED DAMAGES AND CONTRACT TIME
4.1 The CONTRACTOR further agrees to pay $ 655.00 per day as liquidated
damages as specified in Paragraph 17.4 of the General Conditions and Part I of the Supplementary
Conditions, for failure to begin within ten (10) days of "Notice to Proceed," or failure to complete
~he work within /~ _ calendar days from the commencement date to be indicated in the
:written "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
give 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.
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 utilities.
5.3 The CONTRACTOR shall take all necessary precautions to prevent the generation
of loud, ~m_necessary noise in conjunction 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, excavation 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 6:00 P.M. and 7:00 A.M., except by written permission of
the City Manager, and then only in case of emergency.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, Engineer/Architect, servants, and employees from and against any claim, demand, or cause
Page 4
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
r,~asonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to
l:ersonS or property caused in whole or in part by any act, omission, or default of the City, its
a ;ents, servants, or employees arising from this contract or its performance. The Contractor and
ti e City hereby agree'and covenant that the Contractor has incorporated in its original bid a credit
c $500.00, which constitutes the contract sum payable by the City to the Contractor for the
>ecific additional indemnification provided for in this paragraph. It is the City's and Contractor's
all intention that this provision 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
leOmply with the foregoing indemnification provision, as well as the insurance prgvisions whi. ch are
t forth in the Supplementary Conditions. However, the indemnification provision, and the
insuranceprovision contained in this Contract are not interdependent of each other, each one is
eparate and distinct from the other. ~ ' ~
6.4 The obligation of the Contractor to indemnify the City is not subject to any offset,
mitation or defense as a result of any insurance proceeds available to either the City or the
ontractor.'
.0
fthe
PAYMENT BY CITY
7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance
contract, subject to additions and deductions as provided in the specifications.
.8.0 CH^NGES nqmEwo ; .
/
8. I 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 in writing and approved bY the City
Manager or City Commission if required, othevMse, 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.
Page 5
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 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 and the City Commission of
Boynton Beach, if necessary, which authorization 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
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,
8A.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.
8A.3.1 The Contractor shall submit sufficient cost and pricing data to enable the Engineer
to determine tile 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.
Page 6
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
principles which must be used for the determination 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 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. Among 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
(5) percent of the subcontractors' cost not including subcontractors' profit.
8.4.3.7 For special equipment and machinery such as power driven pumps, concrete
mixers, tracks, and tractors, or other equipment, required for the economical 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.
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 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 supported'by :receipted bills. Such statements shall be submitted for th~
current Contract payment fo£_the month in which the work was done. No claim for ektra
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.
PROJECT ENGINEER
9.1 The project Engineer shall be Steven IL Lavinder, P.E., CH2M Hill, Consulting
Engineers of Deerfield Beach, Fl. The Contract Coordinator shall be H. David Kelley, Jr.,
P.E., Utility Engineer of the City's Utility Department.
9.2 The Engineer shall have general supervision and direction of the work. The
F~gineer 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
Page 7
10.0
work whenever such stoppage may be necessary to insure the proper execution of the
contract.
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.
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 specified in the Supplementary
Conditions.
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 thirty (30) days in advance of
cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if
Certificate of Insurance is not acceptable.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one year fi.om date
of acceptance or longer as specifications require.
(The remainder of this page left lank intentionally)
Page 8
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 time to which guch completion date may be extended; or if'other just causes
exist, then the City Manager may serve ten (I0) 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 f~ffective date of termination set forth in such notice, take such
measures as will, in the judgment of the City Manager, insure the satisfactory performance
of the work, the City Commission and the. City Manager may declare the contract
terminated on the effective date specified in such notice, or any date subsequent thereto. In
the event of such termination, the City'Manager shall notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and stop work and
ce~ 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?action and the Surety shall within ten (10) days of receipt of said notice: remedy 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 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 tbeamount
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.
Page 9
14.0 TIME OF ESSENCE
15.0
14.1 Inasmuch as the provisions hereof, and ofthe"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.
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 o-r employees, by the act or omission of any other party including the Contractor, 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 including the Contractor, or delay caused by weather
conditions or unavailability of materials.
15.2 Failure on the part of Contractor to timely pro~ess 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 timeallocated by this project.
15.3 All requests for extension of time to COmplete the work shall be made in accordance
with the General and Supplementary 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.
{The remainder of this page left blank intentionally)i- ~
Page 10
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 wimessed
in the presence of:
/
Ci~lerk
~///llllilllllllliB~Xxx
CITY OF BOYNTON BEACH, FLORiDA
Signed, sealed and witnessed
in the presence of.'
CONTRACTOR
Attest aff(o Contractor
State of Florida
County of Palm Beach
)
)SS:
.)
Personally appeared before me duly authorized to administer oaths
/(/~ e_~na / ,~.f. /"~t~.~ V ,/~,q~/~o,~¢ /"~n~a,,~c,~ ' to me ~o~'to
~ ~ pe~ora d~efi~d here~/~d who execu{ed ~e forego~g i~em ~d have
ac~owledged before me ~d ~ey have execut~ sine. ~~4~
/N~ ~blic
My Commission Expires:
Contract2.doe - Rev. 518/97
Page 11
NOTICE TO PROCEED
TO: Select Contracting, Inc.
1751 West 10th Street
Riviera Beach, FL
Attn:
33404
DATE: August 6, 1998
PROJECT: CITY OF BOYNTON BEACH
East Water Treatmen~ Plan~
Site Improvements
The NOTICE TO PROCEED date is August 10, 1998 .
You shall commence WORK in accordance with the Agreement dated
August 6 , 19 98 , on or before August 10 , 199~8 ,
and you are to complete the WORK within 135 consecutive
~calendar days thereafter. The date of completion of all WORK is
CItY OF BO~N BEA~
By (City Man~er o~.ignee/~~~z/~' ~
ACCEPTANCE OF NOTICE
Reggipt of the above NOTICE TO PROCEED is hereby acknOwledged by
(P~ase prat name)
, T
Project # 062 - 401 -98 /SP
CONTRACT
THIS AGREEMENT, made and entered into this $ day of A 0 ;t o 5
A.D. 19 98 , by and between the CITY OF BOYNTON BEACH, a municip corporation of
Florida, hereinafter called the "CITY"
and SELECT CONTRACTING, INC.
a Florida Corporation ( x ) _ Check one
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
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 Commission having canvassed said bids, has determined that the bid in the
total amount of: $ Seven Hundred Sixteen Thousand. Nine Hundred Fifty Two and 00/100.
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
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 June 16, 1998 , 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 City East Water Treatment Plant Site
Improvements, all of which are incorporated herein by reference at such unit prices /or lump sum
prices as specified in CONTRACTOR'S bid totaling: $ 716, 952.00
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,
Page 1
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 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 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 BOYNTON
BEACH UTILITY DEPARTMENT, for 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 MANAGER of the said CITY, and in
strict obedience with the directions which may be given by the said CITY MANAGER 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 255.20, Florida Statutes, if applicable.
2.6 CONTRACTOR agrees to comply with the public construction bond requirements
of Section 255.05, Florida Statutes.
2.7 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.
2.8 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 DIRECTOR OF UTILITIES. Final acceptance and payment for the entire
project will not be made until the site is satisfactory to the CITY.
2.9 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 and all
applicable State Laws, municipal ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the project shall apply to the contract throughout, and they will be
deemed to be included in the contract the same as though herein written out in full.
Page 2
2.10 Upon completion of the work, the DIRECTOR OF UTILITIES shall satisfy
himself, by examination and test, that the work has been fully completed in accordance with the
plans, specifications and contract documents. When the DIRECTOR OF UTILITIES 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.
2.11 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.
2.12 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 135 days following the 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 provision 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 Supplementary
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
UTILITY ENGINEER in writing of names of subcontractors proposed for principal parts of work,
and for such others as UTILITY ENGINEER may direct, and shall not employ any that
ENGINEER may, within a reasonable time, object to as incompetent or as unfit.
Page 3
4.0 LIQUIDATED DAMAGES AND CONTRACT TIME
4.1 The CONTRACTOR further agrees to pay $ 655.00 per day as liquidated
damages as specified in Paragraph 17.4 of the General Conditions and Part 1 of the Supplementary
Conditions, for failure to begin within ten (10) days of "Notice to Proceed," or failure to complete
the work within /35 calendar days from the commencement date to be indicated in the
written "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
give 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.
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 utilities.
5.3 The CONTRACTOR shall take all necessary precautions to prevent the generation
of loud, unnecessary noise in conjunction 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, excavation 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 6:00 P.M. and 7:00 A.M., except by written permission of
the City Manager, and then only in case of emergency.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, Engineer /Architect, servants, and employees from and against any claim, demand, or cause
Page 4
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 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 a credit
of $500.00, which constitutes the contract sum payable by the City to the Contractor for the
specific additional indemnification provided for in this paragraph. It is the City's and Contractor's
full intention that this provision 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 the insurance provisions which are
set forth in the Supplementary Conditions. However, the indemnification provision, and the
insurance provision contained in this Contract are not interdependent of each other, each one is
separate and distinct from the other.
6.4 The obligation of the Contractor 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
f Contractor.
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. 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 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.
Page 5
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 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 and the City Commission of
Boynton Beach, if necessary, which authorization 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
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 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.
Page 6
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
principles which must be used for the determination 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 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. Among 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
(5) percent of the subcontractors' cost not including subcontractors' profit.
8.4.3.7 For special equipment and machinery such as power driven pumps, concrete
mixers, trucks, and tractors, or other equipment, required for the economical 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.
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 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 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 Steven R. Lavinder, P.E., CH2M Hill, Consulting
Engineers of Deerfield Beach, Fl. The Contract Coordinator shall be H. David Kelley, Jr.,
P.E., Utility Engineer of the City's Utility Department.
9.2 The Engineer shall have general supervision and direction of the work. The
Engineer 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
Page 7
work whenever such stoppage may be necessary to insure the proper execution of the
contract.
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 specified in the Supplementary
Conditions.
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 thirty (30) days in advance of
cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if
Certificate of Insurance is not acceptable.
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 or longer as specifications require.
(The remainder of this page left lank intentionally)
Page 8
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 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 judgment of the City Manager, insure the satisfactory performance
of the work, the City Commission and the City Manager may declare the contract
terminated on the effective date specified in such notice, or any date subsequent thereto. In
the event of such termination, 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 ten (10) days of receipt of said notice remedy 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 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 theamount
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.
Page 9
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
improvement 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 including the Contractor, 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 including the Contractor, or delay caused by weather
conditions or unavailability of materials.
15.2 Failure on the part of Contractor to timely 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 All requests for extension of time to complete the work shall be made in accordance
with the General and Supplementary 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.
(The remainder of this page left blank intentionally)
Page 10
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 CITY OF BOYNTON BEACH, FLORIDA
in the presence of: �_ - --
Mayo /
��eAA�\ IftJ ± /;�
Attest: , = Appr t O d as o F • .
_
Ci Jerk c • ' ` rr City Attorney
0 4 / /,11I l loo* �
Signed, sealed and witnessed CONTRACTOR
in the presence of:
—11
res' t or Vice P s ent
Attest aZ
State of Florida )
)ss:
County of Palm Beach )
Personally appeared before me duy authorized to administer oaths
e �F E� y /I phony f 4e6 , a ,ric 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. f
J, , //7—yt
Notary Ablic
s o: GEORGANNE R. BARDEN
;,,, MY COMMISSION N CC 625075
• .�� p EXPIRES: June 20, 2001
,R:• Bonded ThN NoUry Public Underwdleni
My Commission Expires:
Contract2.doc - Rev 5/8/97
Page 11
The City of
w Boynton Beach
0 Y N T Utilities Department
°/40 _ � 1, 5469 W Boynton Beach Blvd
!y /11 , Boynton Beach, Florida 33437
0 Phone (561) 375 -6400
FAX (561) 731 -0065
OFFICE OF THE DIRECTOR OF UTILITIES
LETTER OF TRANSMITTAL
TO: Sue Kruse, City Clerk DATE: August 7, 1998
RE: Bid #062 - 401 -98 /SP East Water Treatment Plant Site Improvements
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
Copies Date No. Description
1 Original Set of executed contracts and
Notice to Proceed
REMARKS: File accordingly.
CC: Purchasing - copy
Dave Kelley — transmittal only
Barb Conboy - copy
SIGNED: rte, t
NOTICE TO PROCEED
TO: Select Contracting, Inc. DATE: August 6, 1998
1751 West 10th Street PROJECT: CITY OF BOYNTON BEACH
Riviera Beach, FL 33404 East Water Treatment Plant
Attn: Site Improvements
The NOTICE TO PROCEED date is August 10, 1998 .
You shall commence WORK in accordance with the Agreement dated
August 6 , 19 98 , on or before August 10 1998 ,
and you are to complete the WORK within 135 consecutive
calendar days thereafter. The date of completion of all WORK is
therefore eLember 2i " , 199.8`
an L >ary ) 91 prk,
CITY OF BO ON BEACH
By C_a_ A..- _�',,_ A - �k ,� . '; ' , t k
1City Man er o v�signee) '
ACCEPTANCE OF NOTICE
R ipt of the above NOTICE TO PROCEED is hereby acknowledged by
I __ � L . (C.lif. this the 6 day
(P ease print name)
of 1/1/ J ,19../..
By v
Title Purri-4_,A--r-