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