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R91-191RESOLUTION NO. R91-/~/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AWARDING A BID FOR 4 MGD MEMBRANE SOFTENING EQUIPMENT FOR THE WEST WATER TREATMENT PLANT TO L.A. WATER TREATMENT CORPORATION IN THE AMOUNT OF $2,670,000.00 AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT I ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, the City Commission of the City of Boynton leach, Florida, upon their review and the recommendation of staff, deem it to be in the best interests of the citizens and residents of the City of Boynton Beach to award the bid for 4 MGD Membrane Softening Equipment for the West Water ~reatment Plant to L.A. Water Treatment Corporation in the amount of $2,670,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~MISSION OF THE CIT~ OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby awards the bid for MGD Membrane Softening Equipment to L.A. Water Treatment Corporation. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute Contract I between the City of Boynton Beach and L.A. Water Treatment Corporation, attached hereto as Exhibit "A". Section 3. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this J day of December, 1991. ~TTEST: (Corporate Seal) ~MTP. CON 11/14/91 CITY OF BOYNTON BEACH, FLORIDA ~/~ce Ma~or ~ DB26410G GNV CONTRACT This Contract, made and entered into this 194/, by and between the City o~ Boyncon Beach, hereinafter called the "Owner", and ._~ day of ~ Florida, L*A Water Treatment Corporation of 17400 E. Chestnut Street. Citv of Industry. CA 9]749 hereinafter called the "ContrActor"; WITNESSETH: The Contractor, in consideration of the sum co be paid him by the Owner and of the covenants and agreements herein contained, hereby agrees ac his own proper cost a~d expense to do all the work and furnish all the materials, tools, labor, and all appliances, machinery, a~nd appurtenances for the construction of the West Water Treatment Plant, Contract I - 4 MGD Membrane Softening Equipment co the extent of the Proposal made by the Contractor, dated the 14th day of October 19 91 , all in full compliance with the Contract Documents referred to herein. The BIDDING REQUIREMENTS, including the signed copy of the Proposal, the CONTRACT FORMS, the CONDITIONS OF THE CONTRACT, the S~ECIFICATIONS, and the DRAWINGS, entitled "City of Boynton Beach West Water Treatment Plant, Contract I - 4 MGD Membrane Softening ~uiDment'', dated 0ct~ber 1990, are hereby referred to and by ~f~e~ce made a D~t of this Contract as fully and completely.as if the same were ful~ set forth herein and are mutually cooperatlve therewith. That the Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, subject to additions and deductions as provided in the Specifications or Proposal, in lawful money of the United States, the amount of: two million six hundred and seventy thousand dollars and no cents Dollars (S 2,670~000.00 ) based on the estimated quantities and Unit or Lump Sum Prices contained herein. The Concrac=or agrees to complete the work within uhe time specified herein and ~o accep~ as full payment hereunder the amounts computed as determined by the Contract Documents and based on the said Proposal. SEF26410.H5 00500 CONTRACT DB26410G GNV - The Contractor agrees to remedy all defects appearing in the work or developing in the materials furnished and the workmanship performed under this Contract during the warranty period after the date of final acceptance of the work by the Owner, and further agrees to indemnify and save the Owner harmless from any costs encountered xn remedying such defects. It is agreed that the Contract, based upon the Proposal, shall be fully complete within the following consecutive calendar days from the date t~he Notice to Proceed is issued for each work Schedule: Schedule A: Membrane Proof Test 120 calendar days Schedule B: Schedule C: Membrane System Design and Acquisition Membrane System Onsite Construction 245 calendar days 120 calendar days - Schedule A: In the event that the Contractor shall fail to complete the work within the time limit or the extended time limit agreed upon, as more particularly sec forth in the Contract Documents, liquidated damages shall be paid at the daily rate indicated in The following list for work awarded under each Schedule. Sundays and legal holidays shall be included in determxning days in default. Membrane Liquidated Damages Per Day - S 2,500.00 Proof Test Schedule B: Membrane System Design and Acquisition Liquidated Damages Per Day - $0.00 Schedule C: Membrane System Onsite Construction Liquidated Damages Per Day - $ 2~500.00 SEF26410.H5 00500 CONTRACT DB264!0G GNV IN WITNESS WHEREOF, we, the parties hereto, each herewith subscribe the same this .~ day of ~=-/~F~-_ , A.D., 19~/ . CITY OF BOYNTON BEACH Contracuor By Title A~.Q~ey for SEF26410.H5 00500 3 CONTRACT DB264i0H GNV FLOR[DA PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, BOND NO. AMOUNT: that of hereinafter called the CONTRACTOR (Principal), and a corporation duly organized and existing under and by virtue of the ~aws of the State of hereinafter called the SURETY, and authorized to transact business within the State of Florida, as SURETY, are held and firmly bound unto the City of Boynton Beach, Flcrida as OWNER (Obligee), in the sum of: DOLLARS ($ ), lawful money of the United States of America, for the payment of which, well and truly be made to the OWNER, the CONTRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors~ and assigns, jointly and severally, firmly by these presents as follows: ~HE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certazn Contract hereto attached, with the OWNER, dated 19 , ~o furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's Consulting Engineers, CH2M HILL, all of Qhi~h is made a part of said Contracm by certain terms and ccnditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a par5 of this Bond as fully and completely as if said Conrrac~ Documents were set forth herein; SEF26410.H5 00605 _ AY.~4ENT BOND DB26410H GNV NOW THEREFORE, the conditions of this obligatlon are such that if zne above bounden CONTRACTOR shall in all respects comply with the Terms and conditions of said Contract and his oDligation thereunder, including the Contra¢~ Documents (which include the Plans, Drawings, Specifications, and conditions as prepared by said Consulting Engineers, invitation to Bid', Instructions co Bidders, the Contractor's bid as accepted by the above Owner, the Bid and Contract Performance and Paymen~ Bonds, and all Addenda, if any, issued prior ~o the opening of bids), and further that if said CONTRACTOR shall promptly make payments ~o all persons supplying ma~srials, equipment, and/or labor used directly or indirectly by said Contractor or subcontractors in 'the prosecution of the wor~ provided for in said Contract in accordance with Florida Statutes, Section 255.05 or Section 713.23; then this obligation shall be void; otherwise, ~o remai'n in full force and effect for the term of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said SURETY for value received, hereby stipulates and agrees that no change involving any extension of time, or addition ~o ~he terms of the Contr~act or co the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall affect said obligation of said SURETY on this B~nd, and the said SURETY does hereby waive notice of any such changes, extension of time, alterations, or additions of the ~erms of the Contract, or ~o the work, or to the Drawings and Specifications. Claimant shall g~ve written notice to the ~ontractor and t~ the SURETY as required by Fl~ida Statutes, Section 255.05 or Se~tion 713~23. Any actions against the Contractor or the SURF~TY shall be brought within the time specified by Section 25~.05 or Section 713.23. SEF26410.H5 00605 ~ ?AYMENT SOND DB26410H GNV iN WITNESS WHEREOF, the above parties bounded together have executed [his instrument this day of 19 , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR By (Seal) Attes~ SURETY By (Seal) Attest APPROVED AS TO FORM: , 19 , OWNER SEF26410.H5 00605 ~ PAYMENT BOND DB25410G GNV FLORIDA PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, BOND NO. AMOUNT: that S of hereinafter called the CONTRACTOR (Princi'pal), and a corporation duly organized and existing under and by virtue of the laws of the State of ' hereinafter called :he SURETY, and authorized to uransacu business within the State of Florida, as SURETY, are held and firmly bound unto the City of Soynton Beach, Florida, as OWNER (Obligee), in the sum of: DOLLARS ($ ), lawful money of the United States of America, for the payment of which, well and truly be made to the OWNER, the CONTRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF TPLE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached, with the OWNER, dated 19 , to furnish at his own cbst, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the OWNER'S Consulting Engineers. CH2M HILL, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a oar: of this bond as fully and completely as if said Contract Documents were set forth herein. NOW, THEREFORE, the conditions of this obligation are such that if the above bounden CONTRACTOR shall in all respects comply with the uerms and conditions of said Contract and his obligation thereunder, including the Contract Documents (which include the Plans, Drawings, Specifications, and conditions as prepared by said Consulting Engineers, Invitation to Bid, Instructions to Biddersr the SEF26410.H5 00600 1 PERFORMANCE BOND DB26410G GNV CONTRACTOR'S bid as accepted by the above OWNER, the Bid Bond, Performance Bond, Payment Bond, Membrane Performance Surety, and all Addenda, if any, issued prior to the opening of bids), and shall indemnify and save harmless the above OWNER against and from all costs, expenses, damages, attorney's fees, including appellate proceedings, injury, or loss to which said OWNER may be subject by reason of any wrongdoing, misconduct, want of care or skill, negligence, failure to petition within the prescribed time, or default, including patent infringements, on the part of said CONTRACTOR, his agents or employees, in the execution or performance of said Contract; then this obligation shall be void; otherwise, to remain in full force and effect for the term of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said SURETY for value received, hereby stipulates and agrees ~hat no change involving any extension of time, or addition to the terms of the Contract or to the work to be performedf or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall affect said obligation of said SURETY on this bond, and the said SURETY does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications. Claimant shall give written notice to the CONTRACTOR and ~o the SURETY as required by Florida Statutes, Section 255.05 or Section 713.23. Any actions against the CONTRACTOR or the SURETY shall be brought within the time specified by Section 255.05 or Section 713.23. SEF26410.H5 00600 2 PERFORMANCE BOND DB26410G GNV ~_MRRANE PERFORMANCE BOND STATE OF FLORIDA ) SS ) KNOW ALL MEN BY THESE PRESENTS, that we, as Principal and Contractor, and hereinafter called Surety, are held and firmly bound unto the City of Boynton Beach, Florida, hereinafter called Owner, for a period of months beginning 12 months after startup with membranes and has met all guaranteed performance items and Performance Specifications, or beginning 12 months after the date of final acceptance of the work by the Owner~ whichever occurs first, in the sum equal tO 100 percent of the Guaranteed Membrane Replacement Price Per Element multiplied by the total number of membrane elements supplied under this ConTract: lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the above named Principal has entered into a Contract with the above Owner, dated this day of 19__, to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plan, Drawings, and Specifications prepared by the Owner's Consulting Engineers, CH2M HILL, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made s part of this Bond as fully and completely as if said Contract Documents were set forth herein; NOW THEREFORE, the conditions of this obligation are such that if the above bounden Principal shall in all respects comply with the terms and conditions of the Membrane Warranty, specified in said Costract and his obligation.thereunder, then this obligation shall be void; otherwise, to remain in full force and effect for the term SEF26410.H5 00605-A 1 MEMBRANE pERFORMANCE BOND . _ DB26410G GNV of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanyiag the said Contract shall affect said obligation of said Surety on this Bond, and the said Surety does hereby waive notice of a~y such changes, extension of time alterations, or additions of the terms of the Contract, or to the work, or to the ifications. Claimant shall give to the Surety as required by Section 713.23. An~.actions w~thin the the Su=ety shall be brought 255105 or Section 713.23. IN WITNESS W~RREOF, said as Principal and Contractor hereunder, has caused these presents to in ( ) original counterparts i! two attesting and subscribing witnesses the said as';Surety, has caused these presents to be signed in C ) original counterparts in its name by its under its ¢~rporate seal, this day gf A.D., 19 Signed, sealed and delivered the presence of: Principal-Contractor By As to Principal Title Surety By Attorney-in-Fact (Power-of-Attorney to be attached) By As to Surety Resident Agent SEF26410.H5 MEMBRANE PERFORMANCE BOND 2 00605-A · · DB26410G GNU IN WITNESS WHEREOF, the above parties bounded together have executed this instrumen~ this day of 19 , the name and corporate seal of each corporate par~y being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR By (Seal) Attest SURETY By (Seal) Attest APPROVED AS TO FORM: 19 · OWNER SEF26410.H5 00600 ~ PERFORMANCE BOND