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R98-008RESOLUTION NO. R98-,~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BoyNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR NORTH FEDERAL HIGHWAY WEST RIGHT-OF- WAY LANDSCAPE (BID #015-722-98/SP) TO MAC LEAN LANDSCAPING; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND MAC LEAN LANDSCAPING, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on December 18, 1997, by the Purchasing Division and Mac Lean Landscaping, of Lake Worth, 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 North Federal Highway West Right-of-Way Landscape-1997 Landscaping, and authorizes the (Bid #015-722-98/SP), to Mac Lean Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Mac Lean Landscaping, 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\Bid Award~Mac Lean Landscaping CITY OF BOYNTON BEACH, FLORIDA Vic~ ayor C sioner CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 19 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and MAC LEAN LANDSCAPING a Florida Corporation ( ) a Florida General Partnership (__) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOW'. 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, had determined that the bid in the total amount of THIRTY SIX THOUSAND FIVE HUNDRED EIGHTY ONE AND 60/100 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 December 18, 1997, 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 NORTH FEDERAL HIGHWAY WEST RIGHT-OF-WAY LANDSCAPE 1997, City of Boynton Beach, Florida, ali of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $36,581.60. ~ That this Resolution shall becorpe/ effective immediately. PASSED AND ADOPTED THIS __ day of January, 1998. Cl~' ~ OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor ATTEST: City Clerk (Corporate Seal/ / / s:ca~Resos~Bid A~l~c Lean Landscaping / / / I Commissioner Commissioner Commissioner 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and . services necessary to complete said project in accordance with the conditions and prices, as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All t ork and labor performed under this contract shall be performed, and all of the shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions agrees to comply with every requirement ~ party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to d° all the work above mentioned in afirst-class, substantial and and in conformity with the detail for said work on file in the City and strictly in accordance With the )lans which are hereby referred to and 2.4 2.5 2.6 2.7 Which for the prices herein plainly set forth. Upon receipt of written notification fi.om 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, To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 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 supplied by CITY. The CONTRACTOR shall remoge 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. 2.8 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 Uhtil the site is satisfactory to th~ CITY. The CONTRACTOR shall at comply with the provisions of 1, 2.9 ;hall satisfy himself, by Engineer is so who shall, flication to The right of of the the CITY, the rights 3.0 2.10 catch of and any the C 2.11 The ~ condition of all required to make good at his Own cause. ~n and and will be from any COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 30 days following the cOmmencement date as specified in same. 3.2 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 herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default of.completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcOntractors proposed for principal parts of work, and for such others as City Engineer may direct, and shall not employ any that architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACqrOR 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 3Q 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 the 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. 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 advance to shall make all necesSary utilities and . owner 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 or whatsoever kind or nature arising from 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 against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's 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 this original bid, which constitutes the contract ~ sum payable :by the CITY to the CONTRACTOR specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement bythe CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in-Attachment "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 or defense as a result of any insurance proceeds available to either the CITY or the 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 appraised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the 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 extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager -or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 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. 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 8.4 The following: procedures befor more of the 8.4.1 8.4.2 By such applicable unit except in those cases where percent of the original bid item is significant in sub If no such unit prices are set forth. mutually :agreed upon by: the CITY I15) bid shall be be negotiated; or other unit prices or 8.4.3 By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment and other the work plus fifteen (1 overhead and authorized operations, the Contractor shall receive the be agreed upon in writing before cost and of profit shall be approved by the CITY. said upper limit of total b~ eXceeded unless 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. ~ 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. 8.5 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 no 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 the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. Claim of payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for 'the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate at°ret the work is completed. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be the CITY ENGINEER. 9.2 9.3 The Engineer shall have general supervision and direction of the work. He is the agent of the 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. ' with CONTRACTOR, faithful ~performance by both. conditions of the side neither with CITY nor r the contract to enforce its 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 connected herewith, and whenever any of the work 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 Attachment "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 of Cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with 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 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 attend 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. 11.0 GUARANTEE AND WARRANTIES I 1.1 All 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 CONTRACTOR should be adjudged as bankrupt; ifa 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 contracts, 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 r serve ten (10) days' written notice terminate the contract for the CITY and iftlae CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, inthe judgment of the CityManager, insure the satisfactory performance of the work, the City Commission .and the City Manager may declare the contract terminated on the. effective date: specified thereto. In the event of such termination, the City UpOn such notice of the I said notice remedy the default or:the Surety and the notice and stop work and cease contract. with written of 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; damages for. which the: Surety may the amount first paragraph hereof. The term "balance of the contract price", as used 'in this para-graph, shall mean the total amount payable by ~ITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 13.0 CONTRACT CONTROLS The subject contract between the CITY and the CONTRACTOR shall supersede any and ail documents executed between the parties relative to the project. In the event of any inconsistencies the terms,, provisions and .conditions set forth in the 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 are for the complete the 'contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omissiOn of the CITY,-its agents or employees, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary or awarded to CONTRACTOR in associatiOn with any ,' project caused by act or omission of the CITY, its agents or 15.2 15.3 15.4 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by tlais contract. All requests for extension of time to complete the work shall be made in accordance with the General and SPecial Conditions. 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 WHEREOF, the CITY has caused these presence 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 presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: Contractor President or the Vice President Attest as to Contractor State of Florida County of Palm Beach ) ) SS: ) 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: 11/15/96 nc CONTRACT THIS AGREEMENT, made and entered into this 26th day of January , A D 19 98 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and MAC LEAN LANDSCAPING a Florida Corporation ( 0/) 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, had determined that the bid in the total amount of THIRTY SIX THOUSAND FIVE HUNDRED EIGHTY ONE AND 60/100 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 December 18, 1997, 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 NORTH FEDERAL HIGHWAY WEST RIGHT -OF -WAY LANDSCAPE 1997, 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 totaling $36,581.60 2.0 SCOPE OF SERVICES 2 1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project 2 2 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 detail 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 the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the 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 supplied by CITY 2 7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY 2 8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida 2 9 Upon completion of the work, the City Engineer shall satisfy 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 of employee of the CITY, but the CONTRACTOR, shall be 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 structure 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 material substituted thereof All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR 2 11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3 1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 30 days following the commencement date as specified in same 3 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 herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety 3 3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcontractors proposed for principal parts of work, and for such others as City Engineer may direct, and shall not employ any that architect may, within a reasonable time, object to as incompetent or as unfit 4.0 LIQUIDATED DAMAGES 4 1 The CONTRACTOR further agrees to pay $ 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 30 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 the 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 shall 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 or whatsoever kind or nature arising from 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 against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's 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 this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph It is the CITY'S and CONTRACTOR'S full intention that this 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 Attachment "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 or defense as a result of any insurance proceeds available to either the CITY or the 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 appraised of, and familiar with, the following conditions and procedures governing extra work under the Contract 8 3 1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order 8 3 2 Should the CONTRACTOR or any of his subcontractors commence with the 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 extras will be considered or allowed by the CITY 8 3 3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor 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 in 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 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 no 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 the 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 that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed 9.0 PROJECT ENGINEER 9 1 The project engineer shall be the CITY ENGINEER 9 2 The Engineer shall have general supervision and direction of the work He is the agent of the 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 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 connected herewith, and whenever any of the work 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 Attachment "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 of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable 10 3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site Internal combustion engines used with 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 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 attend 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 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 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 contracts, 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, 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 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 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 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 agents or employees, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by act or omission of the CITY, its agents or employees 15 2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract 15 3 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions 15 4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the architect, project manager and consulting engineers IN WITNESS WHEREOF, the CITY has caused these presence 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 presence the day and year herein before written Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of (- 1 71 / a dly avv714-'24rid•-- Mayor Attest Approved as to Form , City Clerk City Attorney Signed, sealed and witnessed Contractor in the presence of A / ; ria77 / ` 6!a� f President or he Vice Pre-'de ' � 41° . I. . --T - / II 0,5u . Attest as to Contractor State of Florida ) ) ss County of Palm Beach ) Personally appeared before me duly authorized to administer oaths /2U/', e / A;'cd . -rf Lap/6o ai ?d ,ea -eK /1,1 /a 1 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 l 1 C C ( '�� n4 e`e0 EEVA KEATING 488 �� r7 Notary Public w r -, �_ �.�.. ��. vX) ATLANTIC RONDIWG CO., iNc /�' My Commission Expires /€;/ 11/15 96 nc V NT PURCHASE ORDER 0 r' ° ti CITY ' ` BOYNTON BEACH, FLORID' PURCHASING DEPARTMENT 0 et rn 100 EAST BOYNTON BEACH BOULEVARD Y'a PO BOX310 P.0. NO.: 16055 BOYNTON BEACH, FLORIDA 33425 -0310 DATE: ../ 11: 98 FEDERAL I.D.# 59- 6000282 # 130301 :NDOR: MACLEAN'S LANDSCAPING OF L.W. SHIP TO: CITY HALL 5719 HAVERHILL EXTENSION 50. 100 E. BOYNTON BEACH BLVD. LAKE WORTH FL 33463 BOYNTON BEACH FL 33435 * * ** F.O.B. BOYNTON BEACH, FL * * ** EQUISITION NO ORDERING DEPARTMENT INQUIRIES REGARDING 0081430 PARKS PURCHASE ORDER CALL /ATE WANTED BID NO 7 G COMMISSION APPROVED A.S.A.P. 015 -. 2 2 -.8 /SP 1/20/98 (561)375 I`EM PART NUMBER DESCRIPTION QTY UM UNIT COST EXT COST 1. N. FEDERAL HWY. WEST R.O.W. 1.00 36.581.6000 105 - 521 -5 635.00 LANDSCAPE EA 36.581.60 AS PER BID SPECIFICATIONS Commission Approved: 4/21/98 2 CHANGE ORDER V1 - 4/22/98 1.00 13,780.0000 105- 521 -5- 635.00 ADDITIONAL WORK PER ATTACHED EA 13.780.00 1. INCREASE WAX MYRTLE PLANTS SIZE 48" X 36" MINIMUM @ $10 /PLANT X 516 PLANTS - $5,160.00 2. INCREASE OPENING PRICE DUE TO THE LARGER WAX MYRTLE PLANT BALLS - $900.00 3. INCREASE SOIL & MULCH TO BURY AND COVER THE LARGER WAX MYRTLE PLANTS - $1,700.00 4. 20,000 SQ FT OF ADDITIONAL FLORATAM SOD @ $0.22 X 20,000 SQ FT - $4,400.00 5. WEED KILLER APPLICATION FOR ADDITIONAL 20.000 SQ FT FLORATAM SOD - $200.00 PAGE 1 TOTAL 50,361.60 FINANCE DEPARTMENT � PURCHASING DEPARTMENT _/L - ! / /ri FLORIDA STATE SALES TAX EXEMPTION IMPORTANT INSTRUCTIONS 1 R SEPARAT I OICE FOR�-THIS o-. - �0 FOR EACH SHIP T$1EREON CERTIFICATE NO 60-04-116451-54C OUR PURCHASE ORDER NUMBER MUST AP- I . AT' LY FOLLOWING SHIPMENT PEAR ON ALL PACKAGES, TICKETS, INVOICES, CHARGEABLE TO HAR REPAID FREIGHT C THE CITY OF BOYNTON BEACH IS EXEMPT FROM STATEMENTS, AND CORRESPONDENCE 2 THE CI R R E OF BOYNTON BEACH MUST BE FEDERAL EXCISE TAXES WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE AMOUNT OF MAIL INVOICES TO SUPPORTED BY CARRIER'S RECEIPT THE TAX NET PRICE EXEMPTION CERTIFICATE FINANCE DEPARTMENT 3 INVOICES AND STATEMENTS SUBJECT WILL BE FURNISHED UPON REQUEST 100 E BOYNTON BEACH BLVD PO BOX 310 TO CASH DISCOUNT SPECIFIED HEREON BOYNTON BEACH, FL 33425 -0310 ORIC-IINA PURCHASE ORDER ONr °ti CITY F BOYNTON BEACH, FLORID G ' '' a PURCHASING DEPARTMENT ,/ 100 EAST BOYNTON BEACH BOULEVARD �', }` PO BOX 310 P. 0. NO .: 16055 � , J • • 1► BOYNTON BEACH, FLORIDA 33425 -0310 DATE: 2/11/98 FEDERAL I.D.# 59-6000282 # 130301 ENDOR: MACLEAN'S LANDSCAPING OF L.W. SHIP TO: CITY HALL 5719 HAVERHILL EXTENSION S0. 100 E. BOYNTON BEACH BLVD. LAKE WORTH FL 33463 BOYNTON BEACH FL 33435 * * ** F.O.B. BOYNTON BEACH, FL * * ** 3EQUISITION NO ORDERING DEPARTMENT INQUIRIES REGARDING 0081430 PARKS PURCHASE ORDER CALL )ATE WANTED BID NO COMMISSION APPROVED A.S.A.P. 0/00/00 (561) 375 -6320 TEM PART NUMBER DESCRIPTION QTY/ UM UNIT COST EXT COST 6. REMOVAL OF PLANTS AND TRANSPLANTING DATE PALMS - $150.00 7. 140 LARGER SIZE IXORA PLANTS, 30" TO 36" @ $1.50 X 140 - $210.00 8. 6 LIVE OAKS, 10'- 12' TO REPLACE DEAD TREES @ $160.00 X 6 - $960.00 9. STRAIGHTEN UP AND STAKE ALL EXISTING "LEANING; INCLINE TO GROUND LIVE OAK TREES - $100.00 P.0. TOTAL 50,361.60 FINANCE DEPARTMENT _ - '� PURCHASING DEPARTMENT - FLORIDA STATE SALES TAX EXEMPTION IMPORTANT INSTRUCTIONS 1 &ER SEPARATE VOICE F• - THIS O' D ''R FOR EACH S - HEREON CERTIFICATE NO 60-04-116451-54C OUR PURCHASE ORDER NUMBER MUST AP- 1 t• RI ELY FOLLOWING SHIPMENT PEAR ON ALL PACKAGES, TICKETS, INVOICES, CHARGEABLE TO HA PREPAID FREIGHT C R THE CITY OF BOYNTON BEACH IS EXEMPT FROM STATEMENTS, AND CORRESPONDENCE THE 2 P CI R E OF BOYNTON BEACH MUST BE FEDERAL EXCISE TAXES WHERE TAX APPLIES INVOICE MUST SHOW GROSS PRICE AMOUNT OF MAIL INVOICES TO' SUPPORTED BY CARRIER'S RECEIPT THE TAX NET PRICE EXEMPTION CERTIFICATE FINANCE DEPARTMENT 3 INVOICES AND STATEMENTS SUBJECT WILL BE FURNISHED UPON REQUEST 100 E BOYNTON BEACH BLVD PO BOX 310 TO CASH DISCOUNT SPECIFIED HEREON BOYNTON BEACH, FL 33425 -0310 ORIGINAL ( 6 "I' • o � CITY OF BOYNTON BEACH / AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must he Turned Requested City Commission Date Final Form Must he Turned Meeting Dates in to City Manager's Office Meeting Dates in to City Managers Office ® Apnl 21, 1998 Apnl 10, 1998 (noon) LI June 16. 1998 June 5, 1998 (noon) • May 5, 1998 April 24, 1998 (noon) July 7, 1998 June 26, 1998 (noon) • May 19, 1998 May 8, 1998 (noon) July 21, 1998 July 10, 1998 (noon) • June 2, 1998 May 22, 1998 (noon) fl August 4, 1998 July 24, 1998 (noon) RECOMMENDATION: CHANGE ORDER #1 - Purchasing has reviewed the Parks division's request for a project increase for NORTH FEDERAL HIGHWAY WEST RIGHT - OF - WAY LANDSCAPE 1997 - Bid No.# 015 722 - 98 /SP - awarded to MacLEAN LANDSCAPING, Lake Worth, FL., in the amount of $ 13,680. Purchasing request's Commission's review, evaluation and project increase /Change Order #1 approval. EXPLANATION: CHANGE ORDER #1: 516 - Increase wax myrtle plants size (48" X 36" (minimum) @ $10.00 X 516 $ 5,160 Increase opening price due to the larger wax myrtle plant balls 900 Increase soil & mulch to bury and cover the larger wax myrtle plants 1,700. 20,000 Sq. Ft. - Additional Floatam Sod @ 22 C X 20,000 Sq Ft 4,400 Weed killer application for additional 20,000 Sq Ft Floatam Sod 200. Removal of plants and transplanting Date Palms 150. 140 - Larger size Ixora to 30" to 36" @ $ 1.50 X 140 210. 6 Live Oaks 10' — 12' to replace dead trees @ $ 160 X 6 960. Straighten up and stake all existing "leaning/incline to ground" Live Oak trees 100 Change Order #1 Total $ 13,780. Project Original Contract Total $ 36,581.60 Project /Change Order #1 TotaL $ 50,361.60 PROGRAM IMPACT: Larger plants, additional sod, removal of plants. additional plants and trees FISCAL IMPACT: BUDGET ACCOUNT # BUDGETED AMOUNT 105 - 521 -5 -635.0 $ 51,000. Note: Reimbursement from the State Department of Transportation up to $ 38,500. S \Bt1LLETIN\ FORMS \AGENDA ITEM REQUEST FORM DOC ALTERNATIVES: Don't approve Change Order #1 and leave the project as Commission approved 01/20/98 7 urchasmg Agen 's Signature Date City Manager's Signature Purchasing Department Name L Kevin J. Hallahan - Forester /Hort. - Parks Mary /Hoyt - Finance e . i e S \BULLETIN \FORMS \AGENDA ITEM REQUEST FORM DOC LEISURE SERVICES: PARKS DIVISION MEMORANDUM #98 -68 TO Lana Koester, Purchasing Agent FROM Kevin J Hallahan, Forester /Horticulturist /<. RECEIVED VIA John Wildner, Parks Superintendent MAR 25 1998 RE: Bid No. 015- 722 -98 /SP (Account #105 - 521 -5- 635.00) PURCHASING DEPT. (Mac Lean Landscaping — Contractor) DATE February 24, 1998 / T Please include the following items as additional work requests I have made of the above contractor The items are to install larger plant materials, and expand the landscaping improvements immediately south of the job site This is consistent with the bid specifications to request the contractor to do additional work at the unit prices stated within the contract The State Department of Transportation (D 0 T ) will reimburse the City up to $38,500 on this project The City budgeted amount $51,000 1 Please increase the size of the wax myrtle plants you are installing on the site The additional increase in size will be at an increase of $10 00 /plant 516 plants x $10 00 /plant = total additional cost $5,160.00 2 Please increase the size of the openings for the larger wax myrtle plants at a unit cost increase of $1.74 /plant The increase in total cost is 516 plants x $1 74 /plant = $ 900.00 3 Please install additional soil and mulch at your unit price of $3 29 /plant to bury and cover the increased size of the wax myrtle plants The additional total cost is 516 plants x $3 29 ($2 38 /mulch plus $0 91 for soil) = $1,700.00 Total upgrade $ 7,760 00 Original contract $36,581 50 New contract total $44,341 50 KH ad •4. CI MacLEAN LANDSCAPING • �r • , 5719 Haverhill So., Lake Worth, Florida 33463 • (561) 965 -7024 • Fax: (561) 966 -7713 City Of Boynton Beach 2/25/98 100 E Boynton Beach Blvd Bonnton Beach Fl 33452 Att. Kevin Hallahan Ref. North Federal Hwy Right Of Way Landscape 1997 Change Order for larger plants In order to get the up grading of the Wax Myrtle plants to the minimum size of 48" X 36" we will have to use B & B plants These can be purchased for an additional $ 10 00 per plant, and these will be larger by several inches if not a foot Since the larger B & B material will have a bigger root ball it will be necessary to excavate larger holes, more Top soil and mulch will be needed The larger plant material will cost an additional $ 5,160 00 Larger openings for the larger plant balls $ 900 00 Additional soil and mulch $ 1.700 00 Total up grade $ 7,760 00 Original work $36.581 50 New Total $44,341 50 Thank You , MacLean Landscaping Fed land LEISURE SERVICES: PARKS DIVISION MEMORANDUM #98 -69 TO Lana Koester, Purchasing Agent RECEIVED FROM Kevin J Hallahan Forester /Environmentalist 1 (✓ VIA John Wildner, Parks Superintendent MAR 25 1998 RE: Bid No. 015- 722 -98 /sp (Account #105- 521 -5- 635.00) p SIN OFFICE (Mac Lean Landscaping — Contractor) DATE March 11, 1998 Please include the following items as additional work requests I have made of the above contractor The items are to install larger plant materials, and expand the landscaping improvements immediately south of the job site This is consistent with the bid specifications to request the contractor to do additional work at the unit prices stated within the contract. The State Department of Transportation (D 0 T ) will reimburse the City up to $38,500 on this project The City budgeted amount $51,000. 1 Please prepare the existing ground (weed killer application) and install 20,000 square feet of additional floratam sod south of the project limits (NE 15 Avenue) This additional sod will complete the project from the C -16 canal north to the City limits The increase in sod will be at your unit price of $0 22 /square foot and weed killer chemical at $200. The total additional cost is 20,000 square feet x $0.22 /square foot equals $4,400 plus $200 weed killer equals $4,600.00 2 Please remove existing (poor health) hedge plants south of NE 15 Avenue in the area for planting the larger wax myrtle plants Relocate the Date Palm trees to the corner of the City entrance signs The additional cost is $ 150.00 3 Please install larger ixora plants on the site at an increase in height from 24" x 20" to 30" — 36" in height The increase in total cost will be $1 50 /plant times 140 plants equals $ 210.00 4 Please remove 6 dead oak trees on the site and replace them with 6 Live Oak trees, 10' -12' ht at a unit price of $160 The total cost will be 6 trees x $160 =$ 960.00 5 Please straighten up and stake all the existing live oak trees which are leaning at an incline to the ground The additional cost for this is $ 100.00 Total upgrade $ 5,920 004 0, Revision #lContract (2/12/98) $44,341 50 New contract total -S-549726-1—S4 6"0 34o/. SO p KW:ad F . t� .9. r: , MacLEAN LANDSCAPING r!� 5719 Haverhill So., Lake Worth, Florida 33463 • (561) 965 -7024 • Fax (561) 966 -7713 • a City Of Boynton Beach 3 /12198 100 E Boynton Beach. Blvd Bonyton Beach Fl 33452 Att. Kevin Haliahan Rcf; North Federal Hwy Right Of Way Landscape 1997 Change Order for larger plants This is a quote for additional sod as requested for the south end of landscape project listed above The additional sod needed will he approximatel3 20,000 sq ft Also discussed was the removal of Eugenia and Silver buttonwood planb and the transplanting of (2) Date Palms(dwar>7 The extra weed killer needed to kill oft the existing lawn The Ixora Nora Grant talked about earlier going to a larger size is now available at an additional cost 0[ 51.50 ea The breakdown is as follows. Floatam sod 20,000 additional fect - -@ $0 22 per sq ft - -- -(not on original plan) S 4,400 00 4 -16 00 Wccd killer for additional arca $ 200 00 Removing of plants and transplanting Date Palms $ 150 00 Largei size Ixora - 30 - 36" original plans called for 20x24" - - -- 1 50 ea additional -- - •------------- - - - - -S 210 6 Live Oaks to replace dead trees @ $ 160 00--- -10 -12 ( not on original plans) $ 960 00 TOTAL $ 5,920.00 • 5/00, t� X e O a 4- ' X00. dap Pee4.4_ 9 IV- CONSENT AGENDA F - T ° 2 CITY OF BOYNTON BEACH em e " ii m NT AGENDA ITEM REQUEST FORM `r J , ' Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates m to City Manager's Office Meeting Dates in to City Manager's Office ® Apnl 21, 1998 April 10, 1998 (noon) ❑ June 16, 1998 June 5, 1998 (noon) ❑ May 5, 1998 April 24, 1998 (noon) 0 July 7. 1998 June 26, 1998 (noon) 0 May 19. 1998 May 8, 1998 (noon) El July 21. 1998 July 10, 1998 (noon) ❑ June 2, 1998 May 22, 1998 (noon) ❑ August 4. 1998 July 24, 1998 (noon) RECOMMENDATION: CHANGE ORDER #1 - Purchasing has reviewed the Parks division's request for a project increase for NORTH FEDERAL HIGHWAY WEST RIGHT -OF -WAY LANDSCAPE 1997 — Bid No # 015- 722 -98 /SP — awarded to MacLEAN LANDSCAPING, Lake Worth, FL , in the amount of $ 13,780. Purchasing request's Commission's review, evaluation and project increase /Change Order #1 approval. EXPLANATION: CHANGE ORDER #1 516 - Increase wax myrtle plants size (48" X 36" (minimum) @ $10 00 X 516 $ 5,160 Increase opening price due to the larger wax myrtle plant balls 900 Increase soil & mulch to bury and cover the larger wax myrtle plants 1,700 20,000 Sq Ft - Additional Floatam Sod @ 22 X 20,000 Sq. Ft 4,400 Weed killer application for additional 20,000 Sq Ft Floatam Sod 200 Removal of plants and transplanting Date Palms 150 140 - Larger size Ixora to 30" to 36" (), $ 1.50 X 140 210 6 Live Oaks 10' — 12' to replace dead trees (n) $ 160 X 6 960. Straighten up and stake all existing "leaning/incline to ground" Live Oak trees 100. Change Order #1 Total $ 13,780. Project Original Contract Total $ 36,581.60 Project /Change Order #1 TotaL $ 50,361.60 PROGRAM IMPACT: Larger plants, additional sod, removal of plants, additional plants and trees FISCAL IMPACT: BUDGET ACCOUNT # BUDGETED AMOUNT 105 - 521 -5 -635.0 $ 51,000. Note: Reimbursement from the State Department of Transportation up to $ 38,500. Cf S \BULLETIN \FORMS \AGENDA ITEM REQUEST FORM DOC 41//9:* ALTERNATIVES: Don't approve Change Order #1 and leave the project as Commission approved 01/20/98 AI 7 / %Ar./ rchasing Agen 's Signature Date City Manager's Signature Purchasing Department Name LMK: C: Kevin J. Hallahan - Forester /Hort. - Parks Mary /Hoyt - Finance Bill Atkins - Asst. Fin. Dir. Central File - Bid File Back -up File S \BULLETIN \FORMS \AGENDA ITEM REQUEST FORM DOC LEISURE SERVICES: PARKS DIVISION MEMORANDUM #98 -68 TO Lana Koester, Purchasing Agent FROM Kevin J Hallahan, Forester /Horticulturist i< tF RECEIVED VIA John Wildner, Parks Superintendent MAR 25 1998 RE: Bid No. 015 - 722 -98 /SP (Account #105 - 521 -5- 635.00) PURCHA DEPT. (Mac Lean Landscaping — Contractor) DATE February 24, 1998 / Please include the following items as additional work requests I have made of the above contractor The items are to install larger plant materials, and expand the landscaping improvements immediately south of the job site This is consistent with the bid specifications to request the contractor to do additional work at the unit prices stated within the contract The State Department of Transportation (D 0 T ) will reimburse the City up to $38,500 on this project. The City budgeted amount $51,000 1 Please increase the size of the wax myrtle plants you are installing on the site The additional increase in size will be at an increase of $10 00 /plant 516 plants x $10 00 /plant = total additional cost $5,160.00 2 Please increase the size of the openings for the larger wax myrtle plants at a unit cost increase of $1 74 /plant The increase in total cost is 516 plants x $1 74 /plant = $ 900.00 3 Please install additional soil and mulch at your unit price of $3 29 /plant to bury and cover the increased size of the wax myrtle plants The additional total cost is 516 plants x $3 29 ($2 38 /mulch plus $0.91 for soil) = $1,700.00 Total upgrade $ 7,760 00 Original contract $36,581 50 New contract total $44,341 50 KI-I ad .9. • ... MacLEAN LANDSCAPING ,�� 5719 Haverhill So., Lake Worth, Florida 33463 • (561) 965 -7024 • Fax: (561) 966 -7713 City Of Boynton Beach 2/25/98 100 E Boynton Beach Blvd Bonnton Beach Fl 33452 Att, Kevin Hallahan Ref, North Federal Hwy Right Of Way Landscape 1997 Change Order for larger plants In order to get the up grading of the Wax Myrtle plants to the minimum size of 48" X 36" we will have to use B & 13 plants These can be purchased for an additional $ 10 00 per plant. and these will be larger by several inches if not a foot Since the larger B & B material will have a bigger root ball it will be necessary to excavate larger holes, more Top soil and mulch will be needed The larger plant material will cost an additional $ 5.160 00 Larger openings for the larger plant balls $ 900 00 Additional soil and mulch $ 1.700 00 Total up grade $ 7.760 00 Ongmal work $36,581 50 New Total $44,341 50 Thank You , MacLean Landscaping Fed land LEISURE SERVICES: PARKS DIVISION MEMORANDUM #98 -69 TO Lana Koester, Purchasing Agent RECEIVED IJ [,� FROM Kevin J Hallahan Forester/Environmentalist I VIA John Wildner, Parks Superintendent MAR 25 1448 RE: Bid No. 015- 722 -98 /sp (Account #105 - 521 -5- 635.00) MICHAS ING OFFICE (Mac Lean Landscaping - Contractor) ........47).----.. DATE March 11, 1998 Please include the following items as additional work requests I have made of the above contractor The items are to install larger plant materials, and expand the landscaping improvements immediately south of the job site This is consistent with the bid specifications to request the contractor to do additional work at the unit prices stated within the contract The State Department of Transportation (D 0 T ) will reimburse the City up to $38,500 on this project The City budgeted amount $51,000. 1 Please prepare the existing ground (weed killer application) and install 20,000 square feet of additional floratam sod south of the project limits (NE 15 Avenue) This additional sod will complete the project from the C -16 canal north to the City limits The increase in sod will be at your unit price of $0 22 /square foot and weed killer chemical at $200. The total additional cost is 20,000 square feet x $0.22/square foot equals $4,400 plus $200 weed killer equals $4,600.00 2 Please remove existing (poor health) hedge plants south of NE 15 Avenue in the area for planting the larger wax myrtle plants Relocate the Date Palm trees to the corner of the City entrance signs The additional cost is $ 150.00 3 Please install larger ixora plants on the site at an increase in height from 24" x 20" to 30" - 36" in height The increase in total cost will be $1 50 /plant times 140 plants equals $ 210.00 4 Please remove 6 dead oak trees on the site and replace them with 6 Live Oak trees, 10' -12' ht at a unit price of $160 The total cost will be 6 trees x $160 =$ 960.00 5 Please straighten up and stake all the existing live oak trees which are leaning at an incline to the ground The additional cost for this is $ 100.00 dP Total upgrade $- 5x}20 -00 —� A, Revision #]Contract (2/12/98) $44,341 50 New contract total SO 344 /. SO p KW:ad i�•-�.trar. L...A=_ r�i_- �i �C5 . -- 13 P.O: Or: MacLEAN LANDSCAPING •N 5719 Haverhill So., Lake Worth, Florida 33463 • (561) 965 -7024 • Fax. (561) 966 -7713 City Of Boynton Beach 3112198 100 E Boynton Beach Blvd Bonyton Beach Fl 33452 Att. Kevin Hallahan Rcf; North Federal Hwy Right Of Way Landscape 1997 Change Order for larger plants This is a quote for additional sod as requested for the south end of landscape project listed above The additional sod needed will he approximately 20,000 sq ft Also discussed was the removal of Eugenia and Silver buttonwood plants and the transplanting of (2) Date Palms(dwarf) The extra weed killer needed to kill ofl the existing lawn The Ixora Nora Grani talked about earlier going to a larger size is now available at an additional cost of $1.30 ea The breakdown is as follows, Floatam sod 20,000 additional feet - -t SO 22 per sq ft - -- -(not on original plan) .._ _...__.._._.. -• -- S 4,400 00 c7 co Weed killer for additional area $ 200 00 Removing of plants and transplanting Date Palms $ 150 00 Larger size Ixora - 30 -36" original plans called for 20x24" 1 50 ea additional S 21000 6 Live Oaks to replace dead trees @ $ 160 00--- -10 -12 ( not on original plans) $ 960 00 TOTAL $ 5,920.00 /00, 5/4^,a_zrn /-l-e 44._./ PURCHASE ORDER 44) 4/ CIT', .)F BOYNTON BEACH, FLOR►�_.A PURCHASING DEPARTMEN O I 100 EAST BOYNTON BEACH BOULEVARD ,T , " .a P.O. BOX 310 ' .,', TIC'• : 16055 '� ; .. a 7 BOYNTON BEACH, FLORIDA 33425-0310 FED ERA T L a.D.* y 59—G0 i r 0028 1 ' 9 B FE 2 t 130301 'AMOR. MACLEAN S LANL'SCAF NIC ,IN -. . ° TI CITY I . 5719 HAVERHILL EXTENSION Eu 100 E. BOYNTON BEACH BLVD. r J E i OFT1 r? 274C ECYNTON r E'l..•:I' FL 33435 r * ` F.O.B. BOYNTON BEACH, FL * * ** INQUIRIES REGARDING iEQUISITION NO 0 001 4 30 ORDERING DEPARTMENT j' ,r R t. ` PURCHASE ORDER CALL )ATE WANTED A , S , p, , F. BID NO ,_ 1 2 '. COMMISSION APPROVED i Z £; '9 $ - (561) 375 -6320 TEM PART NLiMEEF DESCRIPTION QTY /UM UNIT COST EXT COST 1. N, FEDER:A. HWY , EST s`., !,n 26,531. &000 105 °521 S- 625.00 LANDSCAFE EA 38,581.60 AS FET l w E r t] � T Ft sin 1. i' .L°, �� J. is 1 i tl T 1_ ti lk E CONTACT PERSON: KEVIN HALLAHAN -- FORESTER/ ENVIRONMENTALIST (561) 375 -6227 . '.'v r',,. .36 , 501 .60 FINANCE DEPARTMENT - - / r ' �i- . ,t!�'�f /'� * yam -..-�. PURCHASING DEPARTMENT / 1 '., • FLORIDA STATE SALES TAX EXEMPTION IMPORTANT INSTRUCTIONS 1 RENDER SEPARATE INVOICE FOR THIS ORDER OR FOR EACH SHIPMENT THEREON CERTIFICATE NO 60 OUR PURCHASE ORDER NUMBER MUST AP- IMMEDIATELY FOLLOWING SHIPMENT PEAR ON ALL PACKAGES, TICKETS, INVOICES, CHARGEABLE TO HA PREPAID FREIGHT C R THE CITY OF BOYNTON BEACH IS EXEMPT FROM STATEMENTS, AND CORRESPONDENCE THE 2 P CI R E OF BOYNTON BEACH MUST BE FEDERAL EXCISE TAXES WHERE TAX APPLIES MAIL INVOICES TO SUPPORTED BY CARRIER'S RECEIPT. INVOICE MUST SHOW GROSS PRICE AMOUNT OUNT O OF FINANCE DEPARTMENT THE TAX NET PRICE EXEMPTION CERTIFICATE 100 E BOYNTON BEACH BLVD PO. BOX 310 3 INVOICES AND STATEMENTS SUBJECT WILL BE FURNISHED UPON REQUEST BOYNTON BEACH, FL 33425 -0310 TO CASH DISCOUNT SPECIFIED HEREON PURCHASING