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R92-59RESOLUTION NO. R92-~ A RESOLUTION OF THE CITY COM24ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING JOSE AGUILA AS A REPRESENTATIVE TO THE METROPOLITAN PLANNING ORGANIZATION ~ND APPOINTING ARLINE WEINER AS ALTERNATE REPRESENTATIVE TO THE METROPOLITAN PLANNIN~ ORGANIZATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Metropolitan ?lanning Organization; and WHEREAS, the City Commission has considered the ~ualificati0ns necessary for such representation and wishes bestow upon the following named individuals such right and ~onor or service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE ZITY OF BO¥~VfONBEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above ratified and confirmed as being true and correct and ~erein by reference. are hereby incorporated section 2. The City Commission of the City of Boynton ~each~ Florida hereby appoints Jose Aquila ~s a representative to the Metropolitan Planning Organization and appoints Arline Weiner as alternate representative to the Metropolitan Planning Organization. Section 3. upon passage. This Resolution shall take effect immediately PASSED AND ADOPTED this ~/ day of April, 1992. %TTEST: Ci~ C~erk (co cr e Sea%)_. MPO. ~pp Authslg.doc-4/13/92 CITY OF BOYNTON BEACH, FLORIDA 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 Centech Utility Corporation a Florida Corporation ( ) Check one a ( ) a ( ) a sole herelnaft r c~lled ~"C~NTR~CTOR!''- 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 materials, hereinafter described, and said Commission has determined tha~ th~ bid in the total amount of ~one hundred and sixty six thousand~ eight hundred dollars ' submitted ~y the aforementioned CONTRACTOR was the best ~n~' most desirable~bid submitted, and has authorized the execution'of this contract. NOW, THEREFOP~,.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 COBT~ACTOR does accept the award, predicated upon the bid of the COBT~ACTOR, dated March 13. 1992 , 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 Treatment~ of Well Precipitation Production Wells: #6-9 and ~15-22 , City of Boyn~on Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in COBT~ACTOR'S ibid totalling One hnn~ed and sixty-six thousand, eight hundred dollars ($166,800.00) CC-1 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 project Manager. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 ~ times observe with the of the ~lor~da and- all applicable State Laws, and the rules and regulations of all authorities having ] .over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 'work ssion for review of the vote to shall 9t all times, and in all of an independentcontractor. Engineer shall satisfy ~work has been fully contract ,recommend agrees with to City ect. the CITY as shall not make CONTRACTOR liabilities 2.10 A~ shall be shall be $~ remedied and made cleaning up of the work, premises, basins, or other area~ ,the or any part the contractor. streets, alleys, structures in anyway the work as a whole any ,workmanship or the, s!oecifications and good and therefor. All work shall be and and occurring will be he~d r~sponsible for the.care, protection final completion-and acceptance thereof, good at his own~ cost any damage or injury 'icause. 3.0 COMMENCEMENT OF WORK the agrees to con, hence work under this contract on be specified in the written ,Notice to Proceed" of ,lete the project within 168 days commencement date as specified in same. CC-3 therewith. The CO~TRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract· and shall make all necessary arrangementsL with such department, dePar.tm, ents, 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 nature arising out of error, omission or negligent act its agents, servants, or employees in the pe=formance this A~reement. 6~2 Contractor sha damages, costs, reasonable and~ defend City, any and all causes, · judgments, without limitation ~) of whatsoever kind in part · servants, or The contractor the Contractor has sum It shall for in that be in from the 6.:4~ the Contractor shall indemnification are set forth in the indemnification in this Contract are separate and distinct ~ntractor to indemnify the City is not defense asa result of any insurance the Contractor. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the~qONTRACTOR in current funds for the performanceof the c6n~ract, Sub~ect~0 additions and deductions as provided in the specifications. CC-5 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 ~forth in increases of the original ] . change opinion of~ the sub should 'ices, if any, as are set in those cases where fifteen (15) percent and the total dollar significant in the unit price shall be determine if a new unit price ; or, 8.4.2 CITY and the are set forth, then by a lump $ mutually agreed upon by the 8.4.3 By cost is actual cost for labor, supplies, equipment and complete the work plus the cost of general all labor and foreman in operations, the local rate of writing before startihg and foreman are An upper limit of total agreed upon and shall not the City. 8.4.3.1 The submit sufficient cost to and reasonableness of the allow- of costs proposed. 8.4.3,2 an accounting system costs in accordance with principles. This the identification, of allowable and COSTS. 8.4.3..3 that the Contract is assisted, the Contractor's the [icable rules principles which the determination and under grant. CC-7 9.2 The Engineer shall have general supervision and direction of the work. He is the agent o~ 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 is in the first instance, the interpreter of and the judge of its performance, he shall nor with ~CONTRACTOR, but shall use his power under the cOntract'to enforce its faithful performance by both. 10.0 INSURANCE maintain during theterm of this contract motor vehicle, and property~damage insurance, covering the work contract~d and all operations and whenever any of the work covered in the CONTRACTOR'S contingent or protective liability Such insurance' shall provide limits not on the .insurance requirement contained in the ance shall be that the CITY days in advance Contractor agrees to f documented in a certificate of he notified or :tificate of 10.3 The CON'£~ACTOR shall take all necessary precautions to prevent the ~eneration of loud, unnecessary~noise in conjunction with his operations at the work site. Internal combustion engines used on shall be equipped with mufflers, as required by B'each, and the COBT~ACTOR shall comply ~ ~ of this Code as ~he¥ pertain tO prevention of noise.~ , excavating or other construction equipment, , the use of which is attended by loud or operated between the hours of 6:00 p.m. and · written permission of the CityManager, and then only for ¢ workshall be guaranteed to remain in ~ood condition d~te of acceptance or longer as ~peciflcations require. CC-9 14.0 TIME OF ESSENCE 14.1 ~nasmuch 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 purposeof enabllngthe CITYto 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 REad. DY 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 ~ole remedy available toContraotor shall De my extension of the t~me allocated to complete~the project. No monetary damages shall be claimed or awarded to ~Ontractor 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 All requests for extension of time tocomPlete the ~ork shall be made ~n acu~rdance with the General and sPecial Conditions. 15.4 For the purpose of this section the phrase "the City, its agen=s and employ~es"shall include but shall not be limited to the project manager, and consulting engineers. CC-ll State of Florida ) )ss: County of Palm Beach ) 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: CC-13