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R92-11RESOLUTION NO. R92-// A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR THE INSTALLATION OF 38 HOUSE SERVICES TO DIXIE PLUMBING SERVICE, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND DIXIE PLUMBING SERVICE, INC.; AND PROVIDING AN EFFECTIVE DATE. W/4EREAS, the City Co~mission of the City of Boynton Beach, Florida, upon their review and the recommendation of staff, deems it to be in the~best interests of the citizens and residents of the City of Boynton Beach to award the bid for the installation of 38 house services to Dixie Plun%bing Service, Inc. NOW, T~ER~FORE, BE IT RESOLVED BY TH~ CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby awards the bid for the installation of 38 house services to Dixie Plumbing Service, Inc. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a Contract between the City of Boynton Beach and Dixie Plumbing Service, Inc., which Contract is attached hereto as Exhibit "A". Section 3~ This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~/ day of January, 1992. CITY OF BOYNTON BEACH, FLORIDA ! Vice Mayore .oner ATTEST: (Cor~po~a~te Seat ) .Dixie. Bid 0t'/f5/92 Project # Original CONTRACT T~IS AGREEMENT, made and entered into this ~/ day of ~/~,~ , A.D. 19 ~ , by and between the CITY OF BOYNTON BEACH, a municlpal corporation of Florida, hereinafter called the "CITY" and Dixie Plumbing Service Inc. a Florida Corporation ( ) a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check one hereinafter called "CONTRACTOR" RECEIVED JAN 15 199;' CITY MANAGER'S OFFICE WITNESSETH That under the du~ 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, has determined that the bid in the total amount of $19,732.00 (Nineteen thousand seven hundred and thirty two dollars submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. no cents) 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 %o and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated January 2, 1992 , which is hereby incorporated by reference into this agreement, and the CONTRACTOR, does agree %o 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 specificaIions for the WATER SERVICE INSTALLATIONS RELATED TO THE 2" GALVANIZED WATER MAIN REPLACEMENT, PHASES 1, 6, i2 PLUS OTHERS, 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 $t9~732.00 (Nineteen thousand seven hundred and thirty two dollars no cents) See Clarification to proposal Exhibit A attached. CC-1 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees to furnish all materials, s~lpplies, 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 pro3ect. 2.2 Ail the work and labor performed under this contract shall be Performed, and all of the mater~al furnished Shall be, in strict conformity w~th said plans and specifications, and contractor accepts and consRn~s 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, eq~ipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the details for said work on file in the office of the Project Manager 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 to the satisfaction of the City Commission and the Engineer of the said CITY, and in strict obedience with the directions which may be given by the said Engineer or his authorized representative, at aud 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 215 19, Florida Statutes, if applicable. ' 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and abo~lt this work. Furnish release of liens forms from all subcontractors and suppliers of materials. 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 streets, alleys, parkways and adjacent property that ~]ay have been used or worked on by the Contractor ~n connection with the pro3ect promptly as such section or portion ~s completed and ready for use, leaving the CC-2 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 satisfac=ory 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 and all applicable State Laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction 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. 2.9 Upon completion of the work, the Architect Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with t~e plans, specifications and contract documents, When the Architect Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he ~grees 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 connec=ed with the Derformance of the contract, the work as a whole shall be inspected by the Architect. Engineer, and any workmanship or materials foUnd not meeting the requirements of the specifications shall be removed by or at the expense of the contractor and good and satisfactory workmanship or material substituted therefor. Ail 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 h~ld 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 contracu on or before a date to be specified in the written "Notice to Proceed., of the CITY and to fully complete the project within 90 days following the commencemen= date as specified in same. CC-3 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 a penalty, in the amount stipulated therefore in the InstrUction to Bidders and other con%tact 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 damaqes from the CONTRACTOR or his Surety. 3.3 The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $100.00 per calendar day for failure to begin within ten days and/or failure to complete the work within 90 calendar days from the date of the "Notice to Proceed" as specified in the Bid Documents. 4.0 SUBCONTRACTOR APPROVAL 4.1 CONTRACTOR shall, as soon as practicable, after signature of contract, notify Architect Engineer in writing of names of subcontractors proposed for principal parts of work, and for such others as Architect Engineer may direct, and shall no% employ any that architect may, within a reasonable time, .object to as Incompetent or as unfit. 5.0 CONTRACTOR RESPONSIBILITY 5.1 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 5.2 The CONTRACTOR will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. 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 the City, its agents, servants, and employees from and against any and all causes, claims, demands, actions, losses, liabilities, settlements, judgements, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages t;o persons or property caused in whole or in part by any act, omission, or default of the City, its CC-4 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 its original b/d, 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 725.05. 6.3 The execution of this Agreement by the Contractor shall obliqate Contractor to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the Supplementary Conditions 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 chanqes 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 Ail change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, othel~Wise, no claim for extras will be allowed. 9.0 PROJECT ENGINEER 9.1 The Architect Engineer shall be 9.2 The Architect 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 written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. CC-5 9.3 As the Architect 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 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 contained in the Supplementary Conditions. 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 thirty'(30) days in advance of cancellation, honrenewal or adverse chamge. COntractor agrees to furnish policies if Certificate of Insurance is not acceptable. 11.0 GUAR3LNTEE AND WARRANTIES 11.1 Ail the work shall be guaranteed to remain in good condition for one year from date of acceptance or longer as specifications require. 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 CONTP~CTOR or any of his property, if at any time the Architect 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 tbs contract, plans or specifications, or that he is executing the same in bad faitk 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, 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, prior to the effective date of termination set 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 CC-6 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 l~ss the balance of the contract price; but not exceeding, including other costs and damages for whlch 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 in the s%~bject 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 Ehe City, its agents or employees, the sole remedy available to Contractor shell 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. CC-7 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 ContracEor 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. Ncu~B~hstanding any provision of these General Re uiremen s duties a. nd Z~ies of the Architect shal~%~ requi~~th his les. In WITNESS WHEREOF, the CITY has caused these presents to be signed by lts Mayor and City Manager, attested by the City Clerk with ~e Corporate Seal of the said CITY and the CONTRACTOR has executed ~nese presents the day and year herein before written. Signed, sealed and witnessed in th~e~pres~ce of: Attest: ~ Cit~ blerk CITY OF BOYNTON BEACH, FLORIDA Mayor . City Attorney CONTRACTOR ~/Presiden~ of Vice President Attest as to Contractor CC-8 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. My Commission Expires: Notary Public- CC-9