R92-1RESOLUTION NO. R92-/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING THE BID FOR THE UTILITIES
COMPLEX FENCE INSTALLATION TO TRI-COUNTY
FENCE; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A
CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND TRI-COUNTY FENCE; AND
PROVIDING AN EFFECTIVE DATE.
WHERE~, the City Commission 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 utilities complex fence installation to Tri-County
Fence.
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, Florida, hereby awards the bid for the
tilities complex fence installation to Tri-County Fence.
Section 2. That the Mayor and City Clerk are
ereby authorized and directed to execute a Contract between
the City of Boynton Beach and Tri-County Fence.
Section 3. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this 7 day of January, 1992.
ATTEST:
Ci~ Clerk
(Co~porat~ Seai~
Fence. ~.j~t 1
CITY OF BOYNTON BEACH, FLORIDA
~yor
Vice Ma_yor /~l ~
C o m~'ofi~ r
Project
CONTRACT
THIS AGREEMENT, made and entered into this ~ ~ day of
'4~C/u~, 19 by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the "CITY
and Tri-County Fence Co., Inc. 1394 NW 65th Way Plantation, FI 33313 ,
a Florida Corporation (~) Check one
a Florida general partnership ( )
a Florida limited partnership (. )
a sole proprietor ( )
hereinafter called ',CONTRACTOR".
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
Commission having canvassed said bids, has determined that the bid in
--the total amoun~ of Thirteen thousand and one hundred fifty two dollars no cents
submitted by
desirable bid
contract.
the aforementioned CONTRACTOR was the best and most
submitted, and has authorized the execution of this
NOW, THEREFORE, mn 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 December 17. 1991 , 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 Utilities Complex Fence Installation ,
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 $13~152.00
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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
Statu=es, if applicable.
2.6 To pay promptly, before final settlement, any and all claims
or liens incurred in and about 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
same in a neat and presentable condition. Payment of monthly or
~oartial estimates may be withheld until this has been done to the
~atisfaction of the Project Manager. Final acceptance and payment for
:he entire pro3ect will not be made until the site is satisfactory to
dhe 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 City Engineer shall satisfy
himself, by examination and test, that the work has been fully
completed in accordance with the plans, specifications and contract
documents. When the City 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 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
.ndependent 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 whole
shall be inspected by the City 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. All
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 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 $0 days
~following the commencement date as specified in same.
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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
~erformed within the time limit set forth in the contract, after due
~llowance 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 4.0 of this contract document 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 amount 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
contract, notify Project Manager in writing of names of subcontractors
proposed for principal parts of work, and for such others as Project
'Manager may direct, and shall not employ any that City Engineer may,
within a reasonable time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
$.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection
and continuous use of all existing sewers, conduits, drains, pipes,
buildings, walks, bridges, and other construction encountered, and the
prompt repairing of any damage done to them during the progress of the
work, or from insufficient support thereafter; also, all filling,
.backfilling, tamping, ramming, puddling and consolidating; the removal
~Dnd disposal of all rubbish and surplus material; also all pumping,
bailing, draining, or unwatering of ail excavations, incidental to the
'~ools, equipment, materials and supplies, etc. and the performance of
.~$he whole work mentioned in the detailed plans and specifications
~ecessary to give a finished result, and including all expense incurred
in or in consequence of the suspension or discontinuance of the said
.~:~ork specified and a faithful compliance with each and every one of the
~zequirements of the contract and for the maintenance of the entire work
and construction in good condition and repair until final acceptance.
5.2 The CONTRACTOR shall assume full responsibility and expense
ilfor the protection of all public and private property, structures,
i~ater mains, sewers, utilities, etc., both above and below: ground, at
or near the site or sites of the work being performed under the
~on=ract, or which are in any manner affected by the prosecution of the
work or the transportation of men and materials in connection
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therewith. The CONTRACTOR shall give reasonable written notice in
__advance to the department of the CITY having charge of any property or
~tilities owned by the CITY and to other owner or owners of public or
~rivate property or utilities when they will be affected by the work to
~ ne performed under the contract, and shall make all necessary
arrangements with such department, departments, 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 of whatsoever kind or nature arising
ou~ 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 City,
~its agents, servants, and employees from and against any and all
causes, claims, demands, actions, losses, liabilities, settlements,
judgments, damages, costs, expenses:, and fees (including without
limitation reasonable attorney's and appellate attorney's fees) of
whatsoever kind or nature for damages to persons or property caused in
whole or in part by any act, omission, or default of the City, its
agents, servants, or employees arising from this contract or its
~!oerformance. The contractor and the City hereby agree and covenant
~that the Contractor has incorporated in its original bid, which
~onstitutes the contract sum payable by the City to the contractor,
'~pecific 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
obligate 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. Payment will be made in lump sum at
the conclusion of the project.
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8.0 CHANGES IN THE WORK
8.1 The CITY, without invalidating the Contract, may order extra
~ork or make changes by altering, adding to or deducting from the work,
~-'=he 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, otherwise,
no claim for extras will be allowed.
8.3 The General Contractor and all of his subcontractors shall he
apprised of, and familiar with, the following conditions and procedures
governing extra work under the Contract:
8.3.1
Any change order has to be recommended by the City
Manager and officially approved by the City
Commission before any steps are taken to implement
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 encounters,
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 written Change Order
has been obtained from the City Manager or the city
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 Contract 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 Representative with full explanations
and justifications for his consideration in preparing
a Change order to the Contract.
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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
~ne or more of the following procedures before a written Change Order
.s 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 origlnai 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 price
should be negotiated; or,
8.4.2
If no such unit prices are set forth, then by a lump
sum or other unit prices mu[ually agreed upon by the
CITY and the Contractor; or,
8.4.3
By cost reimbursement which is actual cost for labor,
direct overhead, materials, supplies, equipment and
other services necessary to complete the work plus
fifteen (15) peircent to cover the cost of general
overhead and profit. For all labor and foreman ~n
direct charge of the authorized operations, the
Contractor shall receive the current local rate of
wages to be agreed upon in writing before starting
such work, for each hour said labor and foreman are
actually engageid thereon. An upper limit of total
cost and of pro,fit Shall be agreed upon and shall not
be exceeded unless approved by the City.
8.4.3.1
The Contractor shall submit sufficient cost
and pricing data to enable the Engineer to
determine the necessity and reasonableness of
costs and amoun=s proposed and the allow-
ability and eligibility of costs proposed.
8.4.3.2
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.
8.4.3.3
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.
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8.4.3.4
In no case shall fringe benefit costs on direct
labor costs exceed forty (40) percent of direct
labor costs.
8.4.3.5
In no case shall the Contractor and
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 s~pplied by him.
Among the items considered as general overhead
are bonds, insurance, incidental job burdens,
supervision end general office expenses.
8.4.3.6
In no case shall the Contractor's cost for
administering subcontracts exceed five (5)
percent of the subcontractors' cost not including
subcontractors' profit.
8.4.3.7
For special equipment and machinery such as power
driven pumps, concrete mixers, trucks, and
tractors, or other equipment, required for the
economical performance of the authorized work,
the Contractor shall receive payment based on
the agreed rental price for each item of
equipment and the actual rime'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,
"Rental Rat:es 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 Contractor and the
Engineer. Such daily records shall clearly
distinguish between the work done under the
contract end that done under the Change Order.
Duplicate copies of accepted daily records shall
be made, signed 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 writing, as aforesaid
and the claim presented at the time of the first estimate after the
work is completed.
PROJECT ENGINEER
9.1 The project Engineer shall be
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9.2 The Engineer shall have general supervision and direction of
_=She work. He is the agent of CITY only to the extent provided in the
:ontract documents and when in special instances he has the authority
)Y CITY to act, and in such instances he shall, upon request, show
~ONTRACTOR 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 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
~iiability 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
~lnsurance which provides that the CITY of Boynton Beach shall be
lotified at least thirty (30) days in advance of cancellation,
~onrenewal or adverse change. Contractor agrees to furnish policies if
Jertificate 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 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 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.
ll.0 GUARANTEE AND WARRANTIES
ll.1 Ail the work shall be guaranteed to remain in good condition
for one year from date of acceptance or longer as specifications
require.
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12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned by
:he CONTRACTOR other than provided for herein; if the CONTRACTOR should
-~'De adjudged as bankrupt; if a general assignment of his assets be maae
for the benefit of his creditors; if a receiver should be appointed for
the CONTRACTOR or any of his property, if at any time the W. ngineer
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 the contract, plans or specifications, or that he is
executing the same in bad faith 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
CONTRACT~OR 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 i will, in the
the City Manaqer, insure
City Commission and
~he effe
=~to. In the
the CONTRACTOR and
respect such notic.e
possession of
, the
notice of the CITY'S
Of receipt of
as expeditiously as
the
the contract
date
contract.
the Surety with
within ten
the surety
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
~ccordance with its terms and conditions, and upon determination by
Surety and the CIT~ of the lowest responsible bidder, make available as
~ork progresses (even though there should be a default or a succession
iPf defaults under the contract or contracts or completion arranged
iknder 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 he 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
=0NTRACTOR.
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13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR
hall supersede any and all documents executed between the parties
'=elative to the project. In the event of any inconsistencies the
terms, provisions and conditions set forth in the subject 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.Y 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 to
complete the project. No monetary damages shall be claimed or awarded
go 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
or an extension of time to complete the work shall constitute a waiver
'o~y 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 "the City, its
agents and employees" shall include but shall not be limited to the
project manager, and consulting engineers.
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In WITNESS WHEREOF, the CITY has caused these presents to be
~qigned by its Mayor and City Manager, attested by the City Clerk with
:he Corporate Seal of the said CITY and the CONTRACTOR has executed
:hese presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest:
d City Clerk
CITY OF BOYNTON BEACH, FLORIDA
,.~ City Manager J /"f~Yor
Ap~OV~$ ~ ~ Form:
~ ' ~i~ttorney
Signed, sealed and witnessed
· n the presence of:
CONTRACTOR
President of Vice Fresident
Chrisuopher Jon Tole - SS% 108-36-8373
Attest as to Contractor
710] NW5th St,Plantation.,FL 33317
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state of Florida )
)ss:
:ounty of Palm Beach )
108-36-8373
Personally appeared before me duly authorized to administer oaths
Chri~tooherJonTole
to me known to be the persons
foregoing instrument and have
executed same.
My Commission Expires:
described herein and who executed the
acknowledged before me and they have
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