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R92-2
RESOLUTION NO. R92-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR LANDSCAPING THE EAST WATER TREATFLENT PLANT AND THE UTILITY ADMINISTRATION BUILDINC TO FLORIDA DESIGN & IRRIGATION; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DESIGN & IRRIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of .the City of Boynton Beach, Florida, upon their review and the recommendation of staff, deems it tc be in the best interests of the citizens and residents of the City of Boynton Beach to award the bid for the work required as part of site plant modifications )erformed by Elkins Contractors and to utilize xeriscape )rincipals to Florida Design & Irrigation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~4~I$$ION THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section i. The City Commission of the City of Boynton Beach, Floridar hereby awards the bid for the work required as part of site plant modifications performed by Elkins Contractors and to utilize xeriscape principals to Florida Design & Irrigation. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute a Contract between the City of Boynton Beach and Florida Design & Irrigation. Section 3. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this ? day of January, 1992. CITY OF BOYNTON BEACH, FLORIDA Vice Mayor ,/~' ner / / I ATTEST: ( C-~rp©rat~e S~al; .~d~ ~ c_p. EWTP 01/3/92 ~er Project # 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 Florida DesiK~ IrriKation 1344 S. Killian Drive. L~ke Par~ FI, 3~4Q~ a Florida CorporatioD ( ) 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 Commissio~ 6f said CITY for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed sai~ bids, has determined that the bid in the total amount of Forty three thousand and one hundred twenty five dollars no cents submitte~ by the afor?.mentiongd CONTRACTOR was the best and most desirable bid submitted, and ha~ adthorized 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 , 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 doc.u~.ents, bond documents, plans and specifications for Landscapin~ the East Water Treatment Plant Compound #010-401-92/VSMG , City of BOynton Beach, Florida, all of which are incorporated herein by reference at such unit ~rices/or lump sum prices as specified in CONTRACTOR S bid totalling $42,125.00 CC-1 37 2.0 SCOPE OF SERVICES 2.1 Conuractor supplies, machines, insurance, and oth~ said the and plats, further 2.2 Ail the performed, and all conformity with said and consents to the specifications and and stipulation contracting to do s 2.3 THE and i said Engineer or herein plainly set for%h. correct any defective within one (1) year final payment. ten (10) days of~r 2.5 To comply Statutes, if applicab~e~. 2.6 To pay pr. or liens forms fr specified hy CITY. 2.7 The excess material, streets, alleys, or worked on by ~ as such section or agrees to furnish all materials, tools, labor, to compleue )rices as stated in ons =t, plans which include all maps, and printed or written in the bid, contract documents shall be in strict raccepts plans and ~tive, to furnish -all the all tools, work above and in ice of t~ with t~ are here~_~ ~s to the :cITY, by the )rices notification from the CITY, to or materialslwhich ~may appear ~. of the contract and receipt of the necessary corrections within notice. Section 215.~19, Florida and all claims liens Of mate=~als. Forms to be clean Up a!l rubbish, debris, and .equipment fr~ that may have been us with the project promptt ready for use, leaving th=~ CC-2 38 same in a neat and prese~tabl~e condition. Payment of monthly or partial estimates may be ~i~iheld until this has been done to the satisfaction of the ProjeCt ~anager. 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 regulations of the City of Boynton Beach, Florida and all applicable State Laws, municipal o~d~nances, and the rules and regulations of all authorities having~jurisdi~tion 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 of the work, the City Engineer shall satisfy and ~est, that the work has been fully with the plans, specifications and contrac~ the~Ci~y 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 ~applicmtion to City CommiSsion for review and vote to formally accept the project. The riqht of~eneral supervision .thority of the employee of the CITY all respects have the ri ~pe~dent ~ctOr. CI~f as hereinafuer not make the shall liabilities of an 2~i0 shall After the cleaning up of the work, premises, s~reets, alleys, or other areas o~ structumes in anyway of the contract¥ the work as a whole by the City Engineer, and any workmanship or the requirements.~.of the specifications ~at the expense of the ~contractor and good and or material substituted therefor. All OE damage upon any part of the- work shall be good by the contractor. ~ 2.11 ~he will be held responsible for the care, , ~on of all work until final completion and ii will be required to make good at his own cos~ o.~Curring from any cause. 3.0 COMMEN~ 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 CI~f and to fully complete the project within days following the cor~nencement date as specified in same. CC-3 39 3.2 Time is the essence of the contract. In the event the CONTRACT~ 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 to the CITY, as liquidated damages stipulated therefore, i~ 41.0 as a in the amount in other to 3.3 contr~ the as : of 5.0 5.1 ices the protection drains, pipes, the-~ work ~,the remova-I~ backfill also all pumping, and to the of ~ns the ~ho2 'ed nece said in o~,. the ~ work re( :e. and ~_ 5.2 The e~pense for the at water mafias the or near !?~f the contract, ~tiom work or uhe CC-4 40 therewith. The CONTRACTOR 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 arrangements with such department, departments, owner or owners for the removal and replacemen% or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its ~gents, servants, and employees from and against any claim, demand, or cause of action of Whatsoever kind'or nat~e arisin~ OCt Cf error, omission or. negligent act of Contractor, its agents, servants, or employees in the performance of services under this Agreement. its agents~ servants; and rom causes~ claims, demands, ac losses~ judgments, damages, costs, expenses, and limitation whatsoever whole, or in part. by any ac~, omlsslon, agents, servants, or 6.2 Contractor shall indemnify and save harmless and defend City, ated constitutes the contract specific additional o~f ir for in this 's · full in%ention tha~ en3 and said provisio~ shall be Statu~e 725.05. and against any and all liabilities, settlements, fees (including withou~ attorney's fees) of or property caused in of the City, its f~om ·this contract or agree and covenant in its original bid, which ty to the Contractor, this obligation It is the City's this provision shall be in compliance with Florida 6.3 The executio~ Jof this Ag~reement by the Contractor shall obligate Contractor to comply with the foregoing indemnification provision, ~as i~ provisions which are set forth in herein. H0~ever, the indemnification 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 no~ 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 the performance of the contract, subject to additions provided in the specifications. Payment will be made the conclusion of the project. current funds for and deductions as in lump sum at CC-5 41 8.0 CHANGES IN THE WORK w~ thout invalid~ ed~therebY s e such change is ordered. Ail orders and ap~ Governing extra wor the Contract, may order extra Shall be ~ for adjustments shall be in writing and required~, otherw!se, be res be recommended by the City approved by the .City taken~O implement 8.3.3 8.3.4 8.3.5 the and j a Change Order any of his subcontractors a claim in ~eement red under the ~uch extras will the~CITY. unless and ~or ~ City if necessary, Ih ~ the Mayor. the cITY's shall change changes in the work involving for ~addit~on~l work~ credits, and/ 1~ be promptly the General ~ontract°r to ive with full explanations Considerati~n~in preparing CC-6 42 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 unit prices, if any, as are set 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 ch~n~e of that bid item is significant in the ~plnk~n of the Engineer the unit price shall be s~bj. edt~to review to determine if a new unit price should be negotiated; or, 8.4.2 If no t are set forth, then by a lump sum prices mutually agreed upon by the CITY End the Contractor; or~ 8.4.3 By co~t reimbursement which is actual cost for labor, direc~:overheadl ~aterials, supplies, equipmen~ and ocher' 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 ~he authorized operations, the ~ontract~r shall ~ece~ve the current local rat~ of ages ~ be agreed upon in writing before star~ing su~~ work, ~ · said labor and foreman are An upper limit of ~otal cos~ shall be agreed upon and shall not be approved by the City. 8.4.3~1 .The shall submit sufficient cost iahd ~ata to enable the Engineer to the necessity and reasonableness of amounts proposed and the allow- abi!!~y and'eligibility of costs proposed. 8.4.3.2 shall have an accounting syssem for such costs in accordance with geRe~lly acce~ted accounting principles. This provide for the identification, .on ~nd segregation of allowable and u~ali~wabZe Change Order costs. 8.4.3.3 it is:i~dicated that the Contract is or ~tate assisted, the Contractor's :ion is directed to the applicable rules and regulations relative to cost prInciples which must be used ~or the determination and allOwability ~f costs under grant. CC-7 43 8.4.3.4 8.4.3.5 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' ge,~eral overhead and profit in 15) percent of the d~rect ~lies, equipment supplied by him. overhead ~ns, 8.4.3.6 's cost for five (5) cost not including 8.4.3.7 8.4.3.8 For~ rrm :hinery such as power trucks, and required for the authorized work, based on ~ach item of of its use on the price shall not the the Blue Book, Equipment". Rate monthly as appropriate. hall be reviewed a= Contractor and the shall clearly done under the the Change Order. daily records shall ractor and the .ained by each. work is completed. 9.0 PROJECT ENGINEER~ · 9.1 The project Engineer shall be CC-8 44 9.2 The Engineer shall have general supervision and direction of the work. He is the agent of CITY only ~o 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 ~o stop the work whenever such s~oppage 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 power under'the ~ontract to enforce its faithful performance by both. I0.0 INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this '~1 liability, motor vehicle, and property damage the CITY, c~vering the work contracted and all 'ewith, and whenever any of the.~iwork covered ~ be sublet, CONTRACTOR'S contingent or protective insurance. Such insurance shall.provide forth on the insurance requirement Conditions. 10.2 urance ~shall be documented in a cer=ificate of that the CITY of Bo!rnton Beach shall be noti (30) days in advance of cancellation, nonrenewa Contractor agrees to furnish policies if ce~tifi~a 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 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 requiremen=s of this Code as they pertain to prevention of noise. No pile.driver, excavating or other construction equipment, pneumatic haramer, derrick, the use of which is attended by loud or unusual noi.= .~, shall be operated between the hours of 6:00 p.m. and 7:00 a.m. '.cept by ~written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 1!.1 Ail the work shall be guaranteed to remain in for one year from date of acceptance or longer as require. good condition specifications cc-9 45 12.0 TERMINATION OF CONTRACT 12.1 If the work to be th the cONTRACTOR or any of his in wrI ~med under the contract is assigned by the CONTRACTOR should made for property, if at any~ tim~ ineer Manager tha~ the performance of ty d~!ayed or tha~ ~he or is the the such then ~u~on the LOn nt date (I0) shal!~a$ e: acco! ~.rms and in on by as .~ssion work of euion ~ncluding less h~reunder. other co.~ "balance the amount set ~or,th in total of ~ and any 1~ .CITY to CONTRACTOR. CC-10 46 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 even~ of any inconsistencies the terms, provisions and conditions set forth in the subject contrac~ 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 all the other contract documents relating 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 the City, its agents or employees, the sole remedy available to Contractor shall be by extension of the time allocated ~o complete the project. No monetary damages shall be claimed or awarded to Contractsr 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 to complete the work shall be submitted through the Engineer in accordance with conditions in the contracts. 15.4 For the PUrpose of this section the phrase agents and employees" shall include but shall not be project manager, and consulting engineers. "the City, its limited to the CC-Ii 47 In WITNESS signed by its Mayor ~ Seal these WHEREOF, in the [ the CITY and City Manager, of ~the s~ CITY witnessed has caused these presents to ~ attested by the City Clerk with ~nd the cONTRACTOR has executed writteh. ~ CITY OF ~BOYNTONBEACH~ FLORIDA City Manager Attest: City Clerk ~ C~ty At )tm: ~ signed, sealed and witnessed in the presence of: CONTRACTOR President of Vice President CC-12 Attest as to Contractor 48 State of Florida ) )ss: County of Palm Beach ) Personally appeared before me duly authorized to administer oaths to me known uo be the persons described he--who exe-~uted the foregoing instrumen~ and have acknowledged before me and they have executed same. My Commission Expires: Notary Public CC-13