R91-057RESOLUTION NO. R91-~-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF CONTRACT TO
MISNER ELECTRIC, INC., OF FLORIDA;
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE CONTRACT FOR THE 600 KW
GENERATOR FOR THE EAST WATER TREATMENT
PLAN~, BETWEEN THE CITY OF BOYNTON BEACH
AND MISNER ELECTRIC, INC., OF FLORIDA
WHICH IS ATTACHED HERETO AS EXHIBIT "A";
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City had advertised for bids for the
purchase and installation of a 600 KW Generator for the East
Water Treatment Plant and same were opened on March 13,
1991; and
WHEREAS, Misner Electric, Inc., of Florida submitted a
low bid of $85,308.00; and
WHEREAS, it has been determined by the City Commission
to be in the best interest of the citizens and residents of
the City of Boynton Beach to select the bid of Misner
Electric, Inc., of Florida.
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 approves the award of contract
for purchase and installation of a 600 KW Generator for the
East Water Treatment Plant to Misner Electric, Inc., of
Florida.
Section 2.
authorized to
Exhibit "A".
That the Mayor and City Clerk are hereby
execute said Contract, attached hereto as
Section 3. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this ~ day of April, 1991.
CITY OF BOYNTON BEACH, FLORIDA
Vice Mayor
Co~r '
ATTES ~. - ~
(CorpOrate Seal
Commissioner
THIS AGREEHENT, made
A.D. 19
BEACH, a municipal
an~
Pro3ect #_
CONTRACT
and entered into this . day of
by and between the CITY OF BOYNTON
corporation of Florida, hereinafter call the "CITY
MISNER ELECTRIC, INC.
a Florida Corporation (
a Florida general partnership (..
a Florida limited partnership (.
a sole proprietor (
hereinafter called "CONTRACTOR,..
Check one
That under the due procedure of law, bids were heretofor?
received by the City Commission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
theCommission total having canvassed said bids, has determined that the bid in
am0unE of Eighty-Five Thousand, Three Hundred and E~ght Dollars and 00,/100
submitted by the aforementioned CONTRACTOR was the best and most
desirable bid submitted,
contract.
and has authorized
the execution
of this
NOW, THEREFORE, in consideration of these premises and the mutual
follows:conditions and covenants contained herein, the parties agree as
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, predicabed
upon the bid of the CONTRACTOR, dated March 13, 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 ali the work provided in
the bid, contract documents, bond documents, plans and specifications
for 600 KW EMERGENCY GENERATOR SYSTEM - EAST WATER TREATMENT PLANT,
City of Boynton Beach, Florida, al/ of which are incorporated herein by
reference at such unit prices/or lump sum prices
CONTRACTOR,S bid totalling $85,30B.00 as specified in
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2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to furnish all materials,
Supplies, 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
the contract conditions, supplemental general conditions and special
conditions of the contract, plans which include al/ maps, plats,
blueprints, and other drawings and printed Or written explanatory
matter thereof as contained in the bid, contract documents and
specifications for the project.
2.2 Ail the work and labor performed under this contract shall be
performed, and all of the material furnished shall be, in strict
conformity with said plans and specifications, and Contractor accepts
and consents to the conditions contained in said plans and
specifications and exD~esslyi~grees to comply with ever re ui
and stipulation therein ~ont=~ ~ ~ .... = ...... Y q rement
· ~ .... ~ ~ ~= ~=~zuzme~ Dy ~e party
contracting %o do said work.
2.3 THE
equipment,
mentioned in a
conformity
r agrees to furnish all tools,
[ supplies and to do all the work above
substantial and workmanlike manner, and in
for said work on file in the office of the
Engineer of strictly in accordance with the specifi-
cations, gene~r~
and plans which are hereby referred to
and m~'de a Part ~f t~is contract, as well as to the satisfac '
the Clty Commissio~ andthe E~gineer of the s=~ ........ tlo~ of.
~ ~z~x, uno in s~rict
obedience with th~ di=ections which may be given by the said Engineer
set°r his forth, authorized representative, at and for the prices herein plainly
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 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
streets, alleys, parkways and adjacent property that may have been used
or worked on by the Contractor in connection with the project promptly
as such section or portion is completed and ready for use, leaving the
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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 Engineer. 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.
2.9 Upon. completion of the work, the Engineer shall satisfy him-
self, by examination and test, that the work has been fully completed
Commission for review and vote to formally a~cept 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 ~r employee or-the CITY, but the CONTRACTOR
shall at all times, and in all respects have th~ 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
connected with the performance of the contract, the work as a whole
shall be inspected by the 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
s~tisfactor¥ 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 project within 180 days
following the commencement date as specified in same.
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
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as a penalty, in the amount stipulated therefore in the special
conditions 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
contract
pro~
~ a
~ shall, as soon as practicable, after signature of
in' writing of names of subcontractors
work, and for such others as the
and shall not employ any that engineer may~
time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay, as liquidated damages,
the sums as specified in the Supplementary Conditions for failure to
begin within ten (10) days and failure to complete the work within
180 calendar days from the date of "Notice to Proceed".
5.0 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, walk~, 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
and disposal of all rubbish and surplus material; also all pumping,
bai~ing, draining, or unwatering of all excavations, incidental to the
execution of the work; also the furnishing of all necessary labor,
tools, equipment, materials and supplies, etc. and the performance of
the whole work mentioned in the detailed plans and specifications
necessary to give a finished result, and including all expense incurred
in or in consequence of the suspension or discontinuance Of the said
work specified and a faithful compliance with each and every one of the
requirements 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
for the protection of all public and private property, structures,
water mains, sewers, utilities, etc., both above and below ground, at
or near the site or sites of the work being performed under the
contract, or which are in any manner affected by the prosecution of the
work or the transportation of men and materials in connection
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 replacement or protection of such property or utilities.
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6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend
· the CIT~, 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.
its
6.2 Contractor shall indemnify and save harmless and defend City,
, servants, and against anyand all
limitation rea~
whatsoever kind or nature fo
whole or in
agents,
performance. The
that the Contractor has
co~stitut
specific additional
obligation
the city, s and
be
Statute 725.05.
settlements,
and fees (including without
~ellate-attorney, s fees) of
persons or property caused in
on, or d~fault of the City, its
~ing from this contract or its
City hereby agree and covenant
in its Original bid, which
the City to the Contractor,
to support this
for in this paragraph. It is
tention that this provision shall
11 be in compliance with Florida
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
Article 10 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 changes 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.
CC-5
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 be
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 o.rder.
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.
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
change of that bid item is significant in the
opinion of the Engineer the unit price shall be
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subject to review to determlne if a new unit price
should be negotiated; or
8.4.2
8.4.3
8.4.3.1
8.4.3.2
If no such unit prices are set forth, then by a
lump sum or other unit prices mutually agreed upon
by the CITY and the Contractor; or,
By cost reimbursement which is the actual cost for
labor, direct overhead, materials, s%lpplies,
equipment and other services necessary to complete
the work plus fifteen (I5) percent to cover the
cos~ of general overhead and profit. For all labor
and foreman ~ direct Charge of-the authorized
operations, ~ne Contract'or shall receive the
current local rate of wages to be agreed upon in
writing before starting such work, for each hour
sa~d labor a~d foreman are actually engaged
thereon. An upper limit of total cost and of
pro~it shall be agreed upon and sh.all not be
exceeded unless approved by the CITY.
The Contractor shall submit sufficient cost
and pricing data to enable the Engineer to
determine the necessity and reasonableness of
costs and amounts proposed and the allow
ability and eligibility 'of costs proposes.
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
8.4.3.4
8.4.3.5
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.
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, general overhead and profit in
the aggregate exceed fifteen (15) percent of
the total cost of direct labor, fring~
benefits, direct overhead, materials,
supplies, equipment and directly related
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services supplied by him. Among the items con-
sidered as general overhead are bonds,
insurance,incidental job burdens, supervision and
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 ~f the authorized
Work, the Contractor shall receive payment
based on the agreed rental price for each item
of equipment ahd the actual time of its use on
the Work provided that the rental price shall
~ot exceed the current rates published by the
quiPment Gui~e Book Company ~n'the Blue Book,
"Rental Rate~ 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 and 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.
9.0 PROJECT ENGINEER
9.1 The project engineer shall assigned by the Utility Department.
9.2 The 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 suck instances he shall, upon request, show
~-~-~i.?~CONTRACTOR written authority. He has authority to stop the work
./
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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, accaptable to the CITY, covering the work contracted and all
operations in connection herew whenever any of the work covered
in the contra
s contingent or protective
urance. Such insurance shall provide
limits n~ ~t~ on the insurance requirement
schedule attached
10.2 Required insu
insurance which
notified at least fif'
nonrenewal or a~verse
Certificate of In
documented in a certificate of
f Boynton Beach shall be
in advance of cancellation,
COntractor agrees to furnish policies
is not acceptable.
if
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 prevel~tion
of no!se. No pile ~riverJ excavating or other construction equipment,
pneumatic hammer, derrick, the use of which is attended by loud or
unusual noise, shall be operated batween the hours of 6:00p.m. and 7:00
a.m., except by writte~ permission of th~ City Manager, and then only
in case of emergency.
11.0 GUARANTEE AND WARRANTIES
ll.1 Ail the work shall be guaranteed to remain in good condition
for one year from date of acceptance.
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 CONTRACTOR or any of his property, if at any time the 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
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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
CONTRACTOR of the intent to terminate the contract for the CITY and
set
of l
the
if
may declare the contract
t±ve dar . or any date
In the event of suck . the City Manager
aRd Surety and the CONTRACTOR shall
~nd stop work and cease to have any
possession gr0and an~ s~all fo~rfe~t his contract.
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
I~ss the balance of the contract price; but not exceeding, including
other costs and damages for which 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 C~mnn~
.... r,,~ 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 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 docRments 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
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improvement in accordance with a predetermined program,
limits are of the essenc~ of the contract.
15.0 REMEDY FOR DELAY
all such time
15.1 In the event of any delay in the project caused by any act
or omission of the Cityj 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
to 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
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 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.
Ill WITNESS WHEREOF, the CITY has caused these presents to be
signed by its Mayor and City Manager, attested bY the City Clerk with
the Corporate Seal of the said CITY and the CONTRACTOR has executed
these presents the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest:
City Clerk
Mayor
Approved as to Form:
City Attorney
Signed, sealed and witnessed
CONTRACTOR
CC-Il