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R92-187RESOLUTION NO. R92-/~7 A RESOLUTION OF THE CiTY COMMISSION OF ~HE CiTY OF BOYNTON BEACH, FLORIDA, AWARDING A BID TO B & B PROPERTIES~ INC., FOR THE 24" WATER MAIN CROSSING AT MILITARY TRAIL; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTP~CT WITH THE B & B PROPERTIES, INC.; A COPY OF SAID CONTRACT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach upon reco~mmendation of staff, has determined that it is in the best interest of the Citizens and residents of the City of Boynton Beach, Florida to award the bid for the 24" water main crossing at Military Trail, Jack and Bore Method, to B & B Properties, Inc., 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 hereby awards the bid for the 24" water main crossing at Military Trail to B & B Properties, Inc., and authorizes and directs the Mayor and City Clerk to execute a Contract between the City of Bo~ton Beach and B & B Properties, Inc., a copy of which Contract is attached hereto as Exhibit "A". Section 2. This Resolution immediately upon passage. shall take effect PASSED AND ADOPTED this ~ day of October, 1992. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Vice~yor ~ / Ci~ Clerk (Corporate Seal) Utii.Con ~0/13/92 THIS AGREEMENT, BEACH, and Projec~ = 91-006B CONTRACT made and entered mnto this ~ day of , A.D. 19 ~ , by and between the CITY OF BOYNTON a munic!pal corpcration of Florida, hereinafter called the "CITY B & B Properties Incorporated a F!orlda Corporation ( X ) a Fior!da general partnership ( ) a Florida limited partnership (_ ) a sole proprIetor (" ) hereinafter called "CONTRACTOR" Check one 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 Commisslon havmng canvassed said bids, has determined that the bid in the total amount of Thirty one thousand eight hundred and sixty dollars and _ no cents ($31~860.00) (rectified for errors) ' submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the executmon of this conuracu. 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 Seotember 29, t9~2 , which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, maueria!s and supplies, etc., and to perform all the work provided zn the bid, contract documents, bond documents, plans and specifications for 24" WATER MAIN CROSSING OF MILITARY TRAIL BY JACK AND BORE METHOD , City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as epecified in CONTRACTOR'S bid totallinq $3t.860.00 (rectified for errors) 2.0 SCOPE OF $~RVICES 2.1 Contractor further agrees to furnish all maser~als, supplies, machlnes, equlpment, tools, superintendenus, labor. !nsuranc~, and ouher accessories and services necessary uo complete said project in accordance with the conditions and prices as stated in the conzracu conditlons, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matuer thereof as contained in the bid, conEract documenus and specificatlcns for the project. 2.2 Ail the work and labor performed under this contract shall be performed, and all of the mauerlat furnished shall be. in suricu conformlEy 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 requ~remenu and st!pulation thereln conga!ned conurac~ing to do said work. 2.3 THE CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and uo do ail the work above ment!oned 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 Utility Department for CITY and surictly in accordance with the specifications, general stipulations and plans which are hereby referred uo and made a part of th~s contract, as well as uo the sauisfact~on of the City Commission and the City Manager of the said CITY, and in strict cbedienc~ with the directions which may be given by the said City Manager or his authorized representative, at and for the pr!cos herein plainly set forth. 2.4 Upon receipt of written nouzficau~on from the CITY, to correct any defective or faulty work or materials which may appear wzthzn one (1) year after completion of the contract and receipt of final payment, contrac=or shall make the necessary correctlons within ten (I0) 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 ~n and about this work. Furnish release of liens forms from all subcontractors and suppliers of ma=~rla!s. Forms to be specified by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from s~ree=s, alleys, parkways and adjacent property that may have been used or worked on by the Contractor in connection with the project promptly as such secu~on or portion is completed and ready for use, leaving the same in a nea~ and presentable condition. Payment of monthly or partial estlmaEes may be withheld until this has been done ko the satisfaction of the Director of Utilities Final acceptance and payment for the entire project will not be made until the site is saEisfactory To the CITY. 2.8 The CONTRACTOR shall at all t~mes observe and comply with the provlslons of the charter, 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 examinatlon and test, that the work has been fully completed In accordance with the plans, specifications and contract documents. When the Director of Utilities is SO sat!sfied, he shall recommend acceptance thereof to the city Manager. who shall, if he agrees with such recommendation, present the flna! paymen= applicatlon 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 CONT~RCTOR 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 whol~ shall be inspected by =he Utility EnKineer and any workmanship or materials found not meeting the reql/irements of the specifications shall be removed by or at the expense of the contractor and good and satisfactory workmanship or material substituted therefor. All set=lemen=, defec=s 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 projec~ within 60 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the evenu the CONTRACTOR shall fail ~n ~he performance of the work specified and required to be performed within the time limit set forth in the contrac=, after due allowance for any extension or extensions of time 3 made In accordance Wltn ~rovisions hereinbefore set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore !n 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 amoun~ 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 contracu, notify Enqineer in writ!nE of names of subconTracTors proposed for principal parts of work. and for such others as _ _ . Engineer may direct, and shall no~ employ any that Engineer 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 Supplementary Conditions, Part 2, Condit!ons for failure to beg!n within ten (10) days and failure to complete the work within ~Q calendar days from the date of "No~ice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the pro=ecu~on and continuous use of all exlstlng sewers, conduits, drains, pipes, bulldings, walks, bridges, and other cons=ruction encoun=ered,_and prompt repa!ring of any damage done to them during the progress of the work, or from insufficieng support thereafter; also, all filling, backfilling, tamping, ramming, puddling and consoiidatzng; 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 specifica=!ons 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 requlremen=s of the contract and for the maintenance of the entire work and construction in good condition and repalr 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, 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 transportatlon 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 utilit!es owned by the CITY and to other owner or owners of public or private property or util_zles when they will be affected by the work to 4 be performed under the con,racE, and shall make all necessa~? arrangements with such department, departments, owner or owners for the removal and rep!acemen~ or protection of such property or utilities. 6.0 iN~EMNIFICATION 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 ouu of error, omission or negligent ace 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 agenEs· servanEs, and employees from and agalns~ any and ~ ~ causes, claims, demands, actions, losses, liabilities, seuElemenus, judgments, damages, costs · expenses ,. and fees ( including withou~ !imltauion reasonable attorney's and appellate attorney's fees) of whausoever kind or nauure for damages to persons or proRerty caused in whole or in part by any act.. omission, or default of the City, its agents, servanus, or employees arising from this contract or its performance. The conuractor and the City hereby aqree and covenanu that the ConEractor has incorporated in its original bid, which constitutes the contract sum payable by the City to the ContracEor, specific additional consideration sufficient to support this obligaEion 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 725.05 6.3 The execution of this Agreemenu by the Contractor Shall obtigaue Contractor to comply with the foregoing indemnification provision, as well as the insurance provisions which are set foruh in Supplmentary Conditions herein. However, the indemnification provision, and the Part 1 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 ContracEor 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 C-gANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by aiuering, adding to or deducting from the work, the Contract sum being adjusted accordingly. Ail such work shall be execuued under the conditions of the orlginal Contract. Any claim for extension of t~me caused thereby shall be made, in wr!ting, a= the time such change is ordered. 8.2 All change orders and adjustments shall be in wrlu~ng and approved by the City Manager or City Commission if required, otherwls= - 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 exura work under the Contract: 8.3.1 Any change order has ~o be recommended by the City Manager and officially approved by the ciuy commission before any steps are taken to zmplement 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 encounuers, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for such extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by wrltten Change Order has been obtained from the City Manager or the C~uy 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 Contracu 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 Representatmve 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 auch applicable unit prices, if any, as are set @.4.2 8.4.3 forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer the unit price shall be subject to review to determine if a new unit prlce should be negotiated; or If no such unit prices are set forth, then by a lump sum or other uniu prices mutually agreed upon by the CITY and the ConTractor; or, By cost reimbursement which is the actual cost for labor, direct overhead, mauerlals, supplies, equipmen~ 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 s~arting 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 nou be exceeded unless approved by the CITY. 8.4.3.1 8.4.3.2 8.4.3.3 8.4.3.4 The Contractor shall submit sufficient-cosz and pricing data to enable the Engineer to determmne the necessity and reasonableness of costs and amounts proposed and the allow ability and eligibility of costs proposes. The Contractor shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. Where it is indicated that the Contract is federally or State assisted, the Contractor's attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. In no case shall fringe benefit cosEs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the Contractor and 7 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 overhead are bonds, lnsurance,inciden=a! general office expenses. items considered as general job burdens, supervision and 8.¢,3.6 In no case shall the Contractor's cest for administering subcontracts exceed five percent of the subcontractors'cost including subcontractors' profit. (5) ncE 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, urucks, and tractors, or other equipment, required for the economical performance of the authorized work, the Con=rector shall receive payment based on the agreed rental price for eack item of equipment and the ac=ual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Ren=at 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 Con=rector and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of accepted daily records shall be made, s~gned by the Contractor and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the contractor upon certified statement supported by receipted bills. Such statements shall be submitted for the current Contract payment for the month in which the work was done. No claim for extra work shall be allowed unless the same was ordered, in wrlting, as aforesaid and the claim presented at the time of the first estimate after the work ~s completed. 9.0 PROJECT ENGINEER 9. I The project engineer shall be The Utility Engineer 8 9.2 The Engineer shall have general supervision and direction of the work. He is the agent of CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to -act, and in such instances he shall, upon request, show CONTRACTOR wrltten 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 ~s, zn 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 conuracu commercial liability, mouor, vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and al! operations in connection herewith, and whenever any of the work covered 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 seu forth on the insurance requirement schedule in Supplementary Conditi~n~ Park 1 10.2 Required insurance shall be documented in a certificate of insurance which provides ~hat the CITY of Boynton Beach shall be notified at least fifteen (15) days In advance of cance!latzon. 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 englnes used on construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all other requirements Of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attended 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 ll.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0 TERMINATION OF CONTRACT !2.1 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 9 for the benefit of his creditors; if a recmiver should be appomnted 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, provmsions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the Eerms 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 ~ust causes exist, then the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the contractor shall not, prmor to the effective date of termination see forth in such notice, take such measures as will, in the judgement 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 mmmediately respect such notice and stop work and cease to have any rmght to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the surety with wrmtten 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 ms 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 mn 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 be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 13.0 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 mn the subject contract shall supersede all other documents and shall be controlling. 10 !4.0 TIME. OF ESSENCE 14.1 Inasmuch as the proviszons 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 ac~ or omission of the City, its agents or employees, the sole remedy available to Contractor shall be by extenszon of the time allocated to complete the project. No monetary damages shall be claimed or awarded ~o Contractor in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of Contractor to timely process a request for an extension of time to complete the work shall constitute a wazver by Contractor and Contractor shall be held responsible for completing the work within the time allocated by this contract. 15.3 Ail 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 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 CITY OF BOYNTON BEACH, FLORIDA City Manager M a~~rm: City Attorney 11 Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President Attest as to Contractor State of Florida ) )SS: County of Palm Beach) Personally appeared before me duly authorized to administer oaths, Arline Weiner and J. Scott Miller to me known to be the Mayor and City Manager of the City of Boynton Beach, and who executed the foregoing instrument and have acknowledged before me and they have executed same. State of Florida County of ) )SS: ) Notary Public Eve Eubanks ota~y P05~ic St~t~ ~I ~odda Personally appeared before me duly authorized to administer oaths, to me known to be the person described herein and who executed the foregoing instrument and has acknowledged before me and has executed same. Notary Public