R98-12ARESOLUTION NO. R98-/~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD
OF A BID FOR THE NORTH CONGRESS AVENUE MEDIANS
LANDSCAPE & IRRIGATION (PHASE 03 - 1997) TO
EWH, INC., D/B/A SUNNYLAND IRRIGATION;
AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND EWH, INC., D/B/A SUNNYLAND
IRRIGATION, INC., AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, bids were opened by the Purchasing Division and EWH,
Inc., d/b/a Sunnyland Irrigation was selected as the most complete and
responsive bidder who met and exceeded all specifications;
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 a bid for the North Congress
Avenue Medians Landscape & Irrigation project (Phase ~3 - 1997) to EWH,
Inc., d/b/a/ Sunnyland Irrigation, a copy of which is attached hereto
as Exhibit "A".
Section 2. That this Resolution shall become effective
immediately.
PASSED AND ADOPTED THIS ~ day of January, 1998.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
C~mis s~ner~7~
Comml s s ~oner
-North Congress Medians
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 called the "City" and EWH~ INC. dba/SUNNYLAND IRRIGATION
a Florida Corporation ( )
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 Commission of
said City for the performance of work and supplying, materials, hereinat~er described, and said
Commission having canvassed said bids, had determined that the bid in the total amount of
ONE HUNDRED THOUSAND SlX HUNDRED NINETY TWO AND 00/100 DOLLARS
submitted by the aforementioned CONTRACTOR was the best and most desirable bid
submitted, and has authorized 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 December 1, 1997, 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 the NORTH CONGRESS
--AVE~DIANS LANDSCAPE & IRRIGATION (PHASE #3 - 1997), City
of Boynton Beach, Florida, all of which are incorporated herein by reference at
such trait prices/or lump sum prices as specified' ih CONTRACTOR'S bid totaling
$100,692.00.
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 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 documems and specifications for the project.
2.2
All 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 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, equipment, materials and
supplies and to do all the work above mentioned in a first-class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in
the office of the City Engineer 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 the satisfaction of the City Commission
and City Engineer of the said City, and in strict obedience with the directions
which may be given by the City Engineer or his authorized representative, at and
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 255.05, 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 supplied by CITY.
2.7
The CONTRACTOR shall remove and clean up'/ll 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 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 City 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 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 of employee of the CITY,
. but the CONTRACTOR, shall be 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 structure 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 material substituted thereof. 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
--fut~y~lete the project within 90 days following the commencement date as
specified in same.
3.2
Time is the ess[n, ce of the contra~t. In the event the CONTRACTOR shall fail in
the performanc., of the work spe~:ified 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 herein before set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty, in the amount stipulated therefore in the special conditions or in other
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
City Engineer in writing of names of subcontractors proposed for principal parts
of work, and for such others as City Engineer may direct, and shall not employ an
that architect may, within a reasonable time, object to as incompetent or as unfit.
4.0
LIQUIDATED DAMAGES
4.1
The CONTRACTOR further agrees to pay $ 250.00 per day as liquidated
damages, for failure to begin within ten (10) days of"Notice to Proceed" or
failure to complete the work within 90 calendar days from the commencement
date to be indicated in the written "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, 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 the filling, backfilling, tamping, ramming, puddling and consolidating; the
removal and disposal of all rubbish and surplus material; also all pumping bailing
draining or unwatering of all excavations, incidental to the execution of the work;
--also t~shing 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 finiil/ed 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 comract, 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 prope~:y or utilities
when they shall 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.
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 or whatsoever kind or nature arising from 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 CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's 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 performance. The CONTRACTOR and
the CITY hereby agree and covenant that the CONTRACTOR has incorporated in
this original bid, 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 725.06.
6.3
-The exesution 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 "A" herein. However,
the indenmification 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.
8.2
All 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 appraised 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
the 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
....... emras will be considered or allowed by the CITY.
8.3.3
No claim for extra work will be allowed-ffnless ~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.
8.4
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.
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 in 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
mutually agreed upon by the CITY and the CONTRACTOR; or
8.4.3
By cost reimbursement which is the actual cost for labor, direct overhead,
materials, supplies, equipment and other 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 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 engaged thereon. An upper limit of total
cost and of profit 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 amounts proposed and the allowability and eligibility
of costs proposed.
8.4.3.2
The CONTRACTOR shall have afl 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.
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
supplied by him. Among the items considered 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 of the authorized work, the
CONTRACTOR shall receive payment based on the agreed rental
price for each item of equipment and the actual time of its use on
the work provided that the rental price shall no exceed the current
rates published by the Equipment Guide Book Company in the
Blue Book, "Rental Rates 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 the
accepted daily records shall be made, signed by the
CONTRACTOR and the Engineer and one copy retained by each.
Claim of payment for extra work shall be submitted by the Contractor
upon certified statement supported by rec6ipted'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 that
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 authorized agent on behalf of the Engineer shall be KEVIN
HALLAI:IAN~ FORESTER/ENVIRONMENTALIST.
9.2
The Engineer shall have general supervision and direction of the work. He is the
agent of the 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.
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 connected herewith, and
whenever any of the work 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
schedule attached as exhibit "A".
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 fifteen (15)
days in advance of cancellation, nonrenewal Or adverse change. Contractor agrees
to furnish policies if Certificate 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 with construction equipment shall be
equipp~with mufflers, as required by the Code of the City of Boynton Beach,
and the CONTRACTOR shall comply with all 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 attend 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.
11.0
GUARANTEE AND WARRANTIES
11.1 All 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 covenants of the contracts, 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, 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 judgment of the City Manager,
insure the satisfactory performance of the work, the City Commission and the
City 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 fight 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 CI~Sr 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 less the balance of the
contract price; but not exceeding, including other costs and damages for
which the Surety may 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 ofa~y inconsistencies the termsl provisions and conditions set forth in the
subject cOntract shall supersede all other documents and shall be controlling.
14.0
TIME
14.1
OF ESSENCE
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 mused 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
-d~mages~all be claimed or awarded to CONTRACTOR in association with any
delay in the project caused by 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
15.4
All requests for extension of time to complete the work shall be made in
accordance with the General apd Special Conditions.
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.
IN WITNESS WHEREOF, the CITY has caused these presence to be signed by its
Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Approved as to F~orm:
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or the Vice President
Attest as to Contractor
State of Florida
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.
Notary Public
My Commission Expires:
11/I 5/96 ne
/
R98-6.2
CONTRACT
THIS AGREEMENT, made and entered into this 26th day of January _ , A D
19 98 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the "City" and EEWH, INC. dba /SUNNYLAND IRRIGATION
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, had determined that the bid in the total amount of
ONE HUNDRED THOUSAND SIX HUNDRED NINETY TWO AND 00 /100 DOLLARS
submitted by the aforementioned CONTRACTOR was the best and most desirable bid
submitted, and has authorized 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 December 1, 1997, 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 the NORTH CONGRESS
AVENUEMEDIANS LANDSCAPE & IRRIGATION (PHASE #3 - 1997), 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 totaling
$100,692.00
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 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 project
2.2 All 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 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, equipment, materials and
supplies and to do all the work above mentioned in a first- class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in
the office of the City Engineer 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 the satisfaction of the City Commission
and City Engineer of the said City, and in strict obedience with the directions
which may be given by the City Engineer or his authorized representative, at and
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 255 05, 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 supplied 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 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 City 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 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 of employee of the CITY,
but the CONTRACTOR, shall be 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 structure 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 material substituted thereof 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 90 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 herein before set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty, in the amount stipulated therefore in the special conditions or in other
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
City Engineer in writing of names of subcontractors proposed for principal parts
of work, and for such others as City Engineer may direct, and shall not employ an
that architect may, within a reasonable time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4 1 The CONTRACTOR further agrees to pay $ 250.00 per day as liquidated
damages, for failure to begin within ten (10) days of "Notice to Proceed" or
failure to complete the work within 90 calendar days from the commencement
date to be indicated in the written "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, 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 the filling, backfilling, tamping, ramming, puddling and consolidating, the
removal and disposal of all rubbish and surplus material; also all pumping bailing
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 shall 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.
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 or whatsoever kind or nature arising from 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 CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's 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 performance The CONTRACTOR and
the CITY hereby agree and covenant that the CONTRACTOR has incorporated in
this original bid, 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 06
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 "A" 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
8 2 All 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 appraised 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
the 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
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 in 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
mutually agreed upon by the CITY and the CONTRACTOR, or
8 4.3 By cost reimbursement which is the actual cost for labor , direct overhead,
materials, supplies, equipment and other 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 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 engaged thereon An upper limit of total
cost and of profit 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 amounts proposed and the allowability 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.
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
supplied by him Among the items considered 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 of the authorized work, the
CONTRACTOR shall receive payment based on the agreed rental
price for each item of equipment and the actual time of its use on
the work provided that the rental price shall no exceed the current
rates published by the Equipment Guide Book Company in the
Blue Book, "Rental Rates 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 the
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 that
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 authorized agent on behalf of the Engineer shall be KEVIN
HALLAHAN, FORESTER/ENVIRONMENTALIST.
9,2 The Engineer shall have general supervision and direction of the work He is the
agent of the 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
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 connected herewith, and
whenever any of the work 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
schedule attached as exhibit "A"
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 fifteen (15)
days in advance of cancellation, nonrenewal or adverse change Contractor agrees
to furnish policies if Certificate 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 with 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 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 attend by loud or
unusual noise, shall be operated between the hours of 6 P.M. and 7 00 A M.,
except by written permission of the City Manager, and then only in case of
emergency
11.0 GUARANTEE AND WARRANTIES
11 1 All 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 covenants of the contracts, 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, 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 judgment of the City Manager,
insure the satisfactory performance of the work, the City Commission and the
City 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 less the balance of the
contract price; but not exceeding, including other costs and damages for
which the Surety may 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
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 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 to complete the project. No monetary
damages shall be claimed or awarded to CONTRACTOR in association with any
delay in the project caused by 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
IN WITNESS WHEREOF, the CITY has caused these presence to be signed by its
Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of
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Mayor P
Attest Approved as to Form /
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Signed, sealed and witnessed CONTRACTOR
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