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R93-68RESOLUTION NO. R93- ~ A RESOLUTION OF THE CiTY COF~IS$ION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID TO THOMAS Bt CUSHING DEMOLITION, IN THE AMOUNT OF $ I~R.%D~.O0 FOR DEMOLITION OF THE OLD WASTEWATER TREATMENT PLANT; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THOMAS B. CUSHING DEMOLITION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for the demolition of the old wastewater treatment plant; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to award the bid to Thomas B. Cushing Demolition, in the amount of $ 138,300.00 ; 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 demolition of the old wastewater treatment plant to Thomas B. Cushin~ Demolition, and authorizes and directs the Mayor and City Clerk execute a Contract with Thomas B. Cushing Demolition, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~0 day of April, 1993. CITY OF BOYNTON BEACH, FLORIDA ATTEST: ~i~-Cierk (Corporate Seal) Authsig.doc WWTP.Dem 4/16/93 Project CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 19 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" and Thomas B. Cushin~ Demolition 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, hereinafter described, and said Commission having canvassea said bids, has determined that the bid in the total amount of: , submitted desirable contract. by the aforementioned CONTRACTOR was the best and most bid submitted, and has authorized the execution of this NOW, THEREFORE, in consideration of these premised 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 Aoril 13. 1993 , 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 City of Boynton Beach, North Treatment Plant Demolition, City of Boynton Beach, Florida, all of which are incorporated herein by reference: a= such unit prices/or lump sum prices as specified in CONTRACTOR'S bid tota 1 ting Page i 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees ~o 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 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 a.nd consents tothe conditions c~ntained in said plans and. speciflcations~ and expressly agrees .ito comply with every re ' ' ' ' qulrement and s~p~latlon therein contained to be performed by the party contracting %o do said work. 2.3 THE CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and 'to do all the work above mention in a first-class, substantial and workmanlike manner, and in conformity with the details for said work on file in the office of the BOYNTON BEACH LV~ILITYDEPARTMENT, for CITY and strictly in accordance with the specifications, general stipulations and plans which are hereby ref~r~ed to and made a part o~ this contract, as well as to the satisfaction of the City Commission and the CITY MANAGER of the said CITY, and in strict obedience with the directions which may be given by the said CITY MANAGER or his authorized representative, at and for the priced 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 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 ~o be specified by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary $~ruc~ures,~ tools and equipmen~ from streets, alleys, parkways and adjacent proper~y 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 Page 2 for use, leaving the same in a neat and presentable condition. Payment of monthly or parti~1 estimates may be withheld until this has been done to the satisfaction of the DIRECTOR OF UTILITIES. 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 thecharter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the DIRECTOR OF UTILITIES shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract document. When the DIRECTOR OF UTILITIES is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the' CITY, but the CONTRACTOR shall at all times, and in all respects have the rights and liabilities of an 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 UTILITY ENGINEER, and any workmanship or materials found not meeting the requirements of the specifications shall be removed by or at the expense of the contractor and good and satisfactory workmanship or material substituted therefor. Ail 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 form 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 provision hereinbefore set forth, the Page 3 CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, ~n 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 CONTRACTOR shall, as soon as practicable, after signature of contract, notify UTILITY ENGINEER in writing of names of subcontractors proposed for principal part of work, and for such o=hers as UTILITY ENGINEER may direct, and shall no= employee any 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, as liquidated damages, the sums as specified in Article # 17.4 General Conditions and Part 2 Supplementary Conditions, for failure to begin within (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, walks, bridges, and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also, all filling backfilling, tamping, ramming, puddling and Consolidating; the removal and disposal of all rubbish and surplus material; also all pumping, bailing, draining, or unwaterinq of all excavation, 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 g~ound, at or near the site or sites of the work being performed under the contact, or which are in any manner affected by the prosecution of the work or the transportation of men and material in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY Page 4 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. 6.0 INDEMI~IFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, Servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of Contra=tor, itsagents, servants, or employees in the performance of services under this Agreement. 6.2 Contractor shall indemnify and save harmless and defend City, its agents, servants, and employees from and against any and all causes, claims, demands, actions, losses, liabilities, settlements, judgements, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the city, its agents, servants, or employees arising from this contract or its performance. The contractor and the City hereby agree and covenant that the Contractor has incorporated in its original bid, which constitutes the cTntract sum payable by the City to the Contractor, specific additional consideration provided for in this paragraph. It is the City's and Contractors's full intention that t~ls provision shall be enforceable and said provision shall be ~n 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 Supplemental Conditions. 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. Page 5 8.0 CHANGES IN THE WOR/f 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 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 ex~ra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the Contractor or any of his subcontractors commence with his work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for such ex~ras 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 adjustment under the Contract shall be promptly transmitted in writing by the General Contractor ~o the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. Page 6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work reuuired, 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 ~n 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 p~ice shall be subject to review to determine ifa 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 reimbursemen= 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. Thi~ system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. Page 7 15.3 All requests for extension of time to complete the work ~hall be ~de in accordance with the General- and Specigl 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 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 in the Dresence of: Attest: ~ City Cler~fk CITY OF BOYNTON BEACH, · City Attorney FLORIDA Signed, sealed and =:itnessed in the presence of: CONTRACTOR Attest/as to ContC~tor. State of Florida ) )SS: County of Palm Beach ) Personally appeared before me me duly authorized to administer to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me a~d they have My Commission Expires: Contract.doc Rev. 1/19/93 Page 12 15.3 Ail requests for extension of time to complete the work shall be ~de in accordance with the General and Specigl 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 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 in the presence of: Attest: City Cler~fk CITY OF BOYNTON BEACH, FLORIDA Approved~,s, t~ ~orm: City Attorney Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President Attest as to Contractor State of Florida ) County of Palm Beach ) Personally appeared before me 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: Contract.doc Rev. 1/19/93 Page 12