R92-187RESOLUTION NO. R92-/~7
A RESOLUTION OF THE CiTY COMMISSION OF
~HE CiTY OF BOYNTON BEACH, FLORIDA,
AWARDING A BID TO B & B PROPERTIES~ INC.,
FOR THE 24" WATER MAIN CROSSING AT
MILITARY TRAIL; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE A
CONTP~CT WITH THE B & B PROPERTIES, INC.;
A COPY OF SAID CONTRACT BEING ATTACHED
HERETO AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach
upon reco~mmendation of staff, has determined that it is in the
best interest of the Citizens and residents of the City of
Boynton Beach, Florida to award the bid for the 24" water main
crossing at Military Trail, Jack and Bore Method, to B & B
Properties, Inc.,
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 hereby awards the bid for the 24" water main crossing at
Military Trail to B & B Properties, Inc., and authorizes and
directs the Mayor and City Clerk to execute a Contract between
the City of Bo~ton Beach and B & B Properties, Inc., a copy
of which Contract is attached hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this ~ day of October, 1992.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Vice~yor ~ /
Ci~ Clerk
(Corporate Seal)
Utii.Con
~0/13/92
THIS AGREEMENT,
BEACH,
and
Projec~ = 91-006B
CONTRACT
made and entered mnto this ~ day of
, A.D. 19 ~ , by and between the CITY OF BOYNTON
a munic!pal corpcration of Florida, hereinafter called the "CITY
B & B Properties Incorporated
a F!orlda Corporation ( X )
a Fior!da general partnership ( )
a Florida limited partnership (_ )
a sole proprIetor (" )
hereinafter called "CONTRACTOR"
Check one
WITNESSETH
That under the due procedure of law, bids were heretofore
received by the City Commission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commisslon havmng canvassed said bids, has determined that the bid in
the total amount of Thirty one thousand eight hundred and sixty dollars and
_ no cents ($31~860.00) (rectified for errors) '
submitted by the aforementioned CONTRACTOR was the best and most
desirable bid submitted, and has authorized the executmon of this
conuracu.
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 Seotember 29, t9~2 , which is
hereby incorporated by reference into this agreement, and the
CONTRACTOR does agree to furnish the necessary labor, tools, equipment,
maueria!s and supplies, etc., and to perform all the work provided zn
the bid, contract documents, bond documents, plans and specifications
for 24" WATER MAIN CROSSING OF MILITARY TRAIL BY JACK AND BORE METHOD ,
City of Boynton Beach, Florida, all of which are incorporated herein by
reference at such unit prices/or lump sum prices as epecified in
CONTRACTOR'S bid totallinq $3t.860.00 (rectified for errors)
2.0 SCOPE OF $~RVICES
2.1 Contractor further agrees to furnish all maser~als,
supplies, machlnes, equlpment, tools, superintendenus, labor.
!nsuranc~, and ouher accessories and services necessary uo complete
said project in accordance with the conditions and prices as stated in
the conzracu conditlons, supplemental general conditions and special
conditions of the contract, plans which include all maps, plats,
blueprints, and other drawings and printed or written explanatory
matuer thereof as contained in the bid, conEract documenus and
specificatlcns for the project.
2.2 Ail the work and labor performed under this contract shall be
performed, and all of the mauerlat furnished shall be. in suricu
conformlEy 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 requ~remenu
and st!pulation thereln conga!ned
conurac~ing to do said work.
2.3 THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and uo do ail the work above
ment!oned in a first-class, substantial and workmanlike manner, and in
conformity with the details for said work on file in the office of the
Boynton Beach Utility Department for CITY and surictly in accordance with
the specifications, general stipulations and plans which are hereby
referred uo and made a part of th~s contract, as well as uo the
sauisfact~on of the City Commission and the
City Manager of the said CITY, and in strict cbedienc~
with the directions which may be given by the said
City Manager or his authorized representative, at and for
the pr!cos herein plainly set forth.
2.4 Upon receipt of written nouzficau~on from the CITY, to
correct any defective or faulty work or materials which may appear
wzthzn one (1) year after completion of the contract and receipt of
final payment, contrac=or shall make the necessary correctlons within
ten (I0) days of receipt of the written notice.
2.5 To comply with the provisions of Section 215.19 Florida
Statutes, if applicable. '
2.6 To pay promptly, before final settlement, any and all claims
or liens incurred ~n and about this work. Furnish release of liens
forms from all subcontractors and suppliers of ma=~rla!s. 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
s~ree=s, alleys, parkways and adjacent property that may have been used
or worked on by the Contractor in connection with the project promptly
as such secu~on or portion is completed and ready for use, leaving the
same in a nea~ and presentable condition. Payment of monthly or
partial estlmaEes may be withheld until this has been done ko the
satisfaction of the Director of Utilities Final acceptance
and payment for the entire project will not be made until the site is
saEisfactory To the CITY.
2.8 The CONTRACTOR shall at all t~mes observe and comply with the
provlslons of the charter, ordinances, codes and regulations of the
City of Boynton Beach, Florida.
2.9 Upon completion of the work, the Director of Utilities
shall satisfy himself, by examinatlon and test, that the work has been
fully completed In accordance with the plans, specifications and
contract documents. When the Director of Utilities is SO
sat!sfied, he shall recommend acceptance thereof to the city Manager.
who shall, if he agrees with such recommendation, present the flna!
paymen= applicatlon 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 CONT~RCTOR 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 whol~
shall be inspected by =he Utility EnKineer and any
workmanship or materials found not meeting the reql/irements of the
specifications shall be removed by or at the expense of the contractor
and good and satisfactory workmanship or material substituted therefor.
All set=lemen=, defec=s 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 projec~ within 60 days
following the commencement date as specified in same.
3.2 Time is the essence of the contract. In the evenu the
CONTRACTOR shall fail ~n ~he performance of the work specified and
required to be performed within the time limit set forth in the
contrac=, after due allowance for any extension or extensions of time
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made In accordance Wltn ~rovisions hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not
as a penalty, in the amount stipulated therefore !n the special
conditions or _in other contract documents for each and every calendar
day that the CONTRACTOR shall be in default of completion. The CITY
shall have the right to deduct said liquidated damages from any amoun~
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
contracu, notify Enqineer in writ!nE of names of
subconTracTors proposed for principal parts of work. and for such
others as _ _ . Engineer may direct, and shall no~ employ
any that Engineer may, within a reasonable time object to as
incompetent or as unfit. '
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay, as liquidated damages,
the sums as specified in Supplementary Conditions, Part 2, Condit!ons
for failure to beg!n within ten (10) days and failure to complete the
work within ~Q calendar days from the date of "No~ice to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the pro=ecu~on
and continuous use of all exlstlng sewers, conduits, drains, pipes,
bulldings, walks, bridges, and other cons=ruction encoun=ered,_and
prompt repa!ring of any damage done to them during the progress of the
work, or from insufficieng support thereafter; also, all filling,
backfilling, tamping, ramming, puddling and consoiidatzng; 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 specifica=!ons
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
requlremen=s of the contract and for the maintenance of the entire work
and construction in good condition and repalr 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,
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 transportatlon 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
utilit!es owned by the CITY and to other owner or owners of public or
private property or util_zles when they will be affected by the work to
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be performed under the con,racE, and shall make all necessa~?
arrangements with such department, departments, owner or owners for the
removal and rep!acemen~ or protection of such property or utilities.
6.0 iN~EMNIFICATION
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
ouu of error, omission or negligent ace 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 agenEs· servanEs, and employees from and agalns~ any and ~ ~
causes, claims, demands, actions, losses, liabilities, seuElemenus,
judgments, damages, costs · expenses ,. and fees ( including withou~
!imltauion reasonable attorney's and appellate attorney's fees) of
whausoever kind or nauure for damages to persons or proRerty caused in
whole or in part by any act.. omission, or default of the City, its
agents, servanus, or employees arising from this contract or its
performance. The conuractor and the City hereby aqree and covenanu
that the ConEractor has incorporated in its original bid, which
constitutes the contract sum payable by the City to the ContracEor,
specific additional consideration sufficient to support this obligaEion
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 725.05
6.3 The execution of this Agreemenu by the Contractor Shall
obtigaue Contractor to comply with the foregoing indemnification
provision, as well as the insurance provisions which are set foruh in
Supplmentary Conditions herein. However, the indemnification provision, and the
Part 1 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 ContracEor 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 C-gANGES IN THE WORK
8.1 The CITY, without invalidating the Contract, may order extra
work or make changes by aiuering, adding to or deducting from the work,
the Contract sum being adjusted accordingly. Ail such work shall be
execuued under the conditions of the orlginal Contract. Any claim for
extension of t~me caused thereby shall be made, in wr!ting, a= the time
such change is ordered.
8.2 All change orders and adjustments shall be in wrlu~ng and
approved by the City Manager or City Commission if required, otherwls=
- 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 exura work under the Contract:
8.3.1
Any change order has ~o be recommended by the City
Manager and officially approved by the ciuy
commission before any steps are taken to zmplement
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 extra work he encounuers, it
will be construed as an acceptance and agreement by
him that any such work is required under the
contract and no future claim for such extras will
be considered or allowed by the CITY.
8.3.3
No claim for extra work will be allowed unless and
until authority for same by wrltten Change Order
has been obtained from the City Manager or the C~uy
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 Contracu 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 Representatmve 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 auch applicable unit prices, if any, as are set
@.4.2
8.4.3
forth in the Contract except in those cases where
increases in quantities exceed fifteen (15) percent
of the original bid quantity and the total dollar
change of that bid item is significant in the
opinion of the Engineer the unit price shall be
subject to review to determine if a new unit prlce
should be negotiated; or
If no such unit prices are set forth, then by a
lump sum or other uniu prices mutually agreed upon
by the CITY and the ConTractor; or,
By cost reimbursement which is the actual cost for
labor, direct overhead, mauerlals, supplies,
equipmen~ 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 s~arting 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 nou be
exceeded unless approved by the CITY.
8.4.3.1
8.4.3.2
8.4.3.3
8.4.3.4
The Contractor shall submit sufficient-cosz
and pricing data to enable the Engineer to
determmne 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, 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 to cost principles
which must be used for the determination and
allowability of costs under grant.
In no case shall fringe benefit cosEs on
direct labor costs exceed forty (40) percent
of direct labor costs.
8.4.3.5 In no case shall the Contractor and
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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
overhead are bonds, lnsurance,inciden=a!
general office expenses.
items considered as general
job burdens, supervision and
8.¢,3.6
In no case shall the Contractor's cest for
administering subcontracts exceed five
percent of the subcontractors'cost
including subcontractors' profit.
(5)
ncE
8.4.3.7
For special equipment and machinery such as
power driven pumps, concrete mixers, urucks,
and tractors, or other equipment, required for
the economical performance of the authorized
work, the Con=rector shall receive payment
based on the agreed rental price for eack item
of equipment and the ac=ual 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,
"Ren=at 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 Con=rector and
the Engineer. Such daily records shall
clearly distinguish between the work done
under the contract and that done under the
Change Order. Duplicate copies of accepted
daily records shall be made, s~gned by the
Contractor and the Engineer and one copy
retained by each.
8.5 Claim of payment for extra work shall be submitted by the
contractor upon certified statement supported by receipted bills. Such
statements shall be submitted for the current Contract payment for the
month in which the work was done. No claim for extra work shall be
allowed unless the same was ordered, in wrlting, as aforesaid and the
claim presented at the time of the first estimate after the work ~s
completed.
9.0 PROJECT ENGINEER
9. I The project engineer shall be The Utility Engineer
8
9.2 The Engineer shall have general supervision and direction of
the work. He is the agent of CITY only to the extent provided in the
contract documents and when in special instances he has the authority
by CITY to -act, and in such instances he shall, upon request, show
CONTRACTOR wrltten 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 ~s, zn 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
conuracu commercial liability, mouor, vehicle, and property damage
insurance, acceptable to the CITY, covering the work contracted and al!
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 seu forth on the insurance requirement
schedule in Supplementary Conditi~n~ Park 1
10.2 Required insurance shall be documented in a certificate of
insurance which provides ~hat the CITY of Boynton Beach shall be
notified at least fifteen (15) days In advance of cance!latzon.
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 englnes 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 AND WARRANTIES
ll.1 All the work shall be guaranteed to remain in good condition
for one year from date of acceptance.
12.0 TERMINATION OF CONTRACT
!2.1 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
9
for the benefit of his creditors; if a recmiver should be appomnted 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, provmsions, or
covenants of the contract, plans or specifications, or that he is
executing the same in bad faith or otherwise not in accordance with the
Eerms 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 ~ust causes exist, then
the City Manager may serve ten (10) days' written notice upon the
CONTRACTOR of the intent to terminate the contract for the CITY and if
the contractor shall not, prmor to the effective date of termination
see forth in such notice, take such measures as will, in the judgement
of the City Manager, insure the satisfactory performance of the work,
the City Commission and the City Manager may declare the contract
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
mmmediately respect such notice and stop work and cease to have any
rmght to the possession of the ground and shall forfeit his contract.
Upon such termination, the City Manager shall provide the surety with
wrmtten 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 ms 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 mn
accordance with its terms and conditions, and upon determination by
surety and the CITY of the lowest responsible bidder, make available as
work progresses (even though there should be a default or a succession
of defaults under the contract or contracts or completion arranged
under this paragraph) sufficient funds to pay the cost of completion
less the balance of the contract price; but not exceeding, including
other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term "balance
of the contract price", as used in this paragraph, shall mean the total
amount payable by CITY to CONTRACTOR under the Contract and any
amendments thereto, less 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 mn the subject contract
shall supersede all other documents and shall be controlling.
10
!4.0 TIME. OF ESSENCE
14.1 Inasmuch as the proviszons 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
ac~ or omission of the City, its agents or employees, the sole remedy
available to Contractor shall be by extenszon of the time allocated to
complete the project. No monetary damages shall be claimed or awarded
~o 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 wazver 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 and City Manager, attested by the City Clerk with
the Corporate Seal of the said CITY and the CONTRACTOR has executed
these presents the day and year herein before written.
Signed, sealed and witnessed
In the presence of:,
Attest:
city cler
CITY OF BOYNTON BEACH, FLORIDA
City Manager
M
a~~rm:
City Attorney
11
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or Vice President
Attest as to Contractor
State of Florida )
)SS:
County of Palm Beach)
Personally appeared before me duly authorized to administer oaths,
Arline Weiner and J. Scott Miller
to me known to be the Mayor and City Manager of the City of
Boynton Beach, and who executed the foregoing instrument and
have acknowledged before me and they have executed same.
State of Florida
County of
)
)SS:
)
Notary Public
Eve Eubanks
ota~y P05~ic St~t~ ~I ~odda
Personally appeared before me duly authorized to administer oaths,
to me known to be the person described herein and who executed
the foregoing instrument and has acknowledged before me and has
executed same.
Notary Public