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R98-009 RESOLUTION NO. R98-,¢¢ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR LEAD ABATEMENT, AT THE INDOOR PISTOL RANGE LOCATED AT 3501 N. CONGRESS AVENUE (BID #033-211-98/SP) TO D & J INDUSTRIES, INC., IN THE AMOUNT OF $196,772.44; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND D & J INDUSTRIES, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on January 9, 1998, by the Purchasing Division and D & J INDUSTRIES, INC., Florida, was selected as the lowest, most responsible, responsive bidder who met all specifications; and 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 approves the award of a bid for the Lead Abatement for the Indoor Pistol Range, located at 3501 N. Congress Avenue, in the City of Boynton Beach (Bid #033-211-98/SP), to D & J INDUSTRIES, INC., and authorizes the Mayor and City. Clerk to execute an Agreement between the City of Boynton Beach and D & J INDUSTRIES, 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 January, 1998. ATTEST: ~Cit¢' Clerk s:ca~Resos~id Awa~td&j Ind. Ino. ~istol range CITY OF' BOYNTON BEACH, FLORIDA Vigc~Mayor ~'orhmissioner ' CONTRACT THIS AGREEMENT, made and entered into this ~ ~ day of January, A.D. 1998, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter call the "CITY and D & J Industries, Inc. a Florida Corporation ( x ) a Florida general partnership ( ) a Florida limited 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 Commission having canvassed said bids, has determined that the bid in the total amount of $196.772.44 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 January 8, 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 Police Department Pistol Range Lead Abatement for the, 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 $196,772.44. 2 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees to furnish all material's, 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 ali maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as containedl,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 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 mn 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 255.05, 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 ~ the City of Boynton Beach, Florida, Florida State Regulations, Directives and Instructions issued by OSHA, EPA, HUD, and NIOSH as appropriate. 2.9 Upon completion of the work, the City Engineer 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 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. 4 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 COHMENCEMENT~OF!WORK 3.1 Contractor hereby agrees to commence work under this contract on or before aid~te to be specified in the written "Notice to Proceed" of the CITY,and to fully complete the project within 14 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 6~' time made in accordanceiwith provisions hereinbefore set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, in the amount of $250.00 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 LIQUIUAT~D DAMAGES 4.1 The CONTRACTOR further agrees to ,pay $250.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 14 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 5 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, hazardous and non- hazardous debris, 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 alli expense incurred in or mn consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and everyone 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. 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 6 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 what persons or!property omission,~~ or defiault, of employees,arising contractOr~ and ,the City the kind or nature for~.damages to in whole or in .part byi.~any act, the City, iits agents, servants, or ncc. The ~e and covenant ~that the bid, iwhich~constit~tes City to the ~Conitractor,~ specific and 'Ts enf, nd said Statute 7i25.06. pa ~tion: that~this ~provision~ shall be shall be!,incompIiancewith Florida 6.3 The execution of this Agreement by the Contractor shall obligate Contractor to comply with the foregoing indemnification provisioni, ~as well as the insurance provisions which are iset forth mn Article "A" herein. 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 orldefense as a result of any znsurance proceeds available to either the City or the Contractor. 7.,0 PAYMENT BY CITY 7.1 The IITY agrees to pay the CONTRACTOR in currentlfunds 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. Ail 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 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 iunder 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 unforeseen ext~ 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 ex5ras 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 a~thorization 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 fotlowing 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 ±n~those cases where increases in quantities exceed fifteen (15)~ percent.~of the Original bid quantity and the total dollar changle of that bid item is signifiCant:i~ithe opinion of the Engineer the unit price shall be~subject to revmew 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 mn 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 allow ability and eligibility of costs proposes. 8.4'.3.2 The Contractor shall have an accounting 8.4.3.3 8.4.3.4 8.4.3.5 8.4.3.6 8.4.3.7 9 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 ko 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 (4~' 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. Among 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 administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 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 10 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 ted daily records shall be made, 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. claim for extra work shall be alloWed unless the same was ordered, in writing, as:aforesaidland the claim presented at the time of the first estimate after the work is completed. No 9.0 PROJECT ENGINEER 9.1 The project engineer shall be American Ecology Group, Inc. 9.2 The Engineer shall have general supervision and direction of the work. He is the aqent 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 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 10.0 contract to enforce its faithful performance by both. INSURANCE 11 10.I 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 "A". 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 6~' 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 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, 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 6:00 P.M. and 7:00 a.m., except by written permi~si~°n of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11.1 Ail the work shall be guaranteed to remain in good condition for one year from date of acceptance. 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 CONT~CTOR 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 Manage ~rmance of the work under the contract~is being ~nn or that the .CONTRACTOR is willfully viO!ating~.iany ,.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 accorda the terms of ~he contract; if ~the work be not~ fully id for its~completion or within the~time tion da~e may~be,extended; or:if other jus ..i~he City Manager may serve ten (101). days' wr~ the CONTRACTOR of the intent to terminate the contra 2he 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, i insure the satisfactory performance of the work, the sion and the City Manager may declare the contract na:ted .on the effective date specified in such notice, or thereto. In the event of such termination, the City ~anager shall notify the CONTRACTOR and Surety and theCONTRACTOR shall immediately respect such notice and stop wo!rk and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the iCity !Manager! shall provide the Surety with written notice of the CITY,S action and the sure~y 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~-- Surety and the CITY of the lowest responsible bidder, make availab as work progresses (even though there should be a default or-~ 13 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. 13.0 CONTRACT CONTROLS 13.1 The subject c6ntract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties rela, tive 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 improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DEI~AY 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 compl~ete 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 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 within the time allocated by this Contract. 14 15.3 All requests for extension of time to complete the work shall 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. IN, WITNESS: W/REREOF, the CITY has caused these presents to be signed by its Mayor, 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: ...... Attest: ~ City Clerk CITY OF BOYNTON BEACH, FLORIDA Approved as to Fzfrm: , l C~.ty Attorney Signed, sealed and witnessed in the presence of: State of Florida ) )SS: County of Palm Beach ) CONTRACTOR ~ ~ ~ Vice President Attest as to Contractor' Persona~y appeared before n~e duly~ authorized to administer oaths D t/). I .,ot v- to me k~ow~ to be t~e persons 'de~ri~ed herein and who executed the foregoing instrument and have acknowledged before me and they have Notary Public ommission Expires: 15 s:ca\contract\Pistol Range TO: D&J] NOTICE TO PROCE] DATE: JANUARY 23~ 1998 ATTN: DAVID SCHLEPPER PROJECT: LEAD ABATEMENT~ INDOOR PISTOL RANGE - 3501 N. CONGRESS AVENUE~ BOYNTON BEACFI~ FLORIDA BID #033-211-98/Sp You shall commence WORK in accordance with the Agreement dated: January_ 9, 1998 on or before February 2~ 1998 and you are to complete the WORK within 14 CALENDAR DAYS thereai~er. The date of completion of all WORK is therefore: February 16~ 1998. The Contractor's point of source for all activity relating to this project will be: Contact Person: CHUCK MAGAZINE Department: RISK MANAGEMENT Title: RISK MANAGER Telephone: {561) 375-6042 CITY OF BOYNTON BEACH ~a~arM 'Kd~asing Agent -ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is. hereby acknowledged BY: Print Name Signature: _~, Title: c: 'Central File File