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