R96-054RESOLUTION NO. R96-,.d-/-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, ;APPROVING
THE AWARD OF A BID FOR THE REMOVAL
OF ASBESTOS AT MANGROVE ELEMENTARY
SCHOOL; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND DECON ENVIRONMENTAL &
ENGINEERING, INC., AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, bids were received for the removal of asbestos containing
materials, at Mangrove Elementary School, (Bid No. 032-192-96/CJD) on the 3rd
day of April, 1996; and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, has deemed it to be in the best interests of the citizens
and residents of the City of Boynton Beach, Florida to award the bid to Decon
Environmental & Engineering, Inc., as the most responsive and responsible bidder
meeting specs.
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 removal of asbestos containing
materials at Mangrove Elementary School to Decon Environmental & Engineering,
Inc., and authorizes and directs the Mayor and City Clerk to execute a Contract
between the City of Boynton Beach and Decon Environmental & Engineering, Inc.,
a copy of which is attached hereto as Exhibit "A".
Section 2.
passage.
That this Resolution shall become effective immediately upon
ATTEST:
PASSED AND ADOPTED this /~ day of ~ ,1996.
CITY OF BOYNTON BEACH, FLORIDA
Vic/e/~Vl~y~
Commissioner
Proiect ~:ATEC PROJ~CT~
70-07-96-80014
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 call the
"CITY and DECON ENVIRONMENTAL & ENGINEERING. INC.
Florida Corporation ( ' )
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 Conm~ission 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, EIGHT THOUSAND. ONE HUNDRED AND EIGHTY FOUR
DOLLARS AND FIFTY CENTS (~8,184.50).
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 APRIL 3, 1996,
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 REMOVAL OF A~TOS AT THE MANGROVE
ELEMENTARY SCHOOL - 129 E. OCEAN AV~, BOYNTON B~ACH. FL
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 TIGHT THOUSAND. ONE HUNDRED
AND EIGHTY FOUR DOLLARS AND 50/100, (~8.~4.50').
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 requlations of
the City of BoyntOn Beach, Florida.
2.9 Upon completion of the work, the City Engineer shall
satisfy him-self, 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.
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 70
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 provisions hereinbefore 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
conditi0~s or in other contract documents for each and every
calendar' day that the CONTRACTOR shall be in default of completion.
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
City, its agents, servants, and employees from and against any and
all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, damages, costs, expenses, and fees
(including without limitation reasonable attorney,s and appellate
attorney,s fees) of whatsoever kine 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 o.r its performacne. The
contractor and the City hereby agree and covenant that teh
Contractor has incorporated in its 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 i~ the City's
and Contractor's full intention that this provison 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 Article "A" herein. However, the indemnifiCation provision,
and the insurance provison 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.
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.
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.
8.4.2
8.4.3
8.4.3.1
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
the total dollar change of that bid item is
significant in the opinion of the Engineer the
unit price shall be subject to review to
determine if a new unit price should be
'negotiated; or
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,
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.
The Contractor shall submit sufficient c o s t
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.
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, accumulationand 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 to 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 (40) 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,
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 Dower under thecontract to
enforce its faithful performance by both.
10.0 INSURANCE
10.1 The CONTRACTOR shall maintain during the term of this
contract commercial liability, motor vehicle, and property damage
insurance, acceptable to the CITY, covering the work contracted and
all operations in connection herewith, and whenever any of the work
covered in the contract is to be Sublet, CONTRACTOR'S contingent or
protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance
requirement schedule attached as Exhibit "A".
10.2 Required insurance shall be dOcumented in a certificate of
insurance which provides that ithe 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 worki 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
permission of the City Manager, and then only in case of emergency.
11.0 GUARANTEE ANDWARRANTiES
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 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
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 limprovement 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 an act or omission of the CITY, its agents or
employees.
15.2 Failure on the part of Contractor to timely process
a request for an 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 Ail requests for extension of time to complete the
work shall be made in accordance with the General and Special
Conditions.
15.4 For the purpose of this section the phrase "the City,
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 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 CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
.. %! ~
J.L'~"lc<CZ;f C~/L./ )'
:/ May;
Attest: Form:
.~.~..~--'.,~~
City Clerk torney
Signed, sealed and witnessed CONTRACTOR
DECOR ENVIROHMERTAL & KNGDIEERDlG, INC.
in the presence of: ~ ~~_
~:sident
:rfv~
Attest n to Contractor
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State of Florida )
) ss:
County of Palm Beach )
Personally appeared before me duly authorized to administer oaths
ROBERT W. LANE, VICE-PRESIDENT OF DECON ERVIRONMF.NTAT. & F.Wt::TWRRRHlt::. TVr.
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.
c;5k
Notary Public
My Commission Expires: UCC2 I~b-~ Q<-q(19&J
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