R91-191RESOLUTION NO. R91-/~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING A BID FOR 4 MGD MEMBRANE
SOFTENING EQUIPMENT FOR THE WEST WATER
TREATMENT PLANT TO L.A. WATER TREATMENT
CORPORATION IN THE AMOUNT OF
$2,670,000.00 AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE CONTRACT I ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
W~EREAS, the City Commission of the City of Boynton
leach, Florida, upon their review and the recommendation of
staff, deem it to be in the best interests of the citizens
and residents of the City of Boynton Beach to award the bid
for 4 MGD Membrane Softening Equipment for the West Water
~reatment Plant to L.A. Water Treatment Corporation in the
amount of $2,670,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO~MISSION
OF THE CIT~ OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
Boynton Beach, Florida, hereby awards the bid for MGD
Membrane Softening Equipment to L.A. Water Treatment
Corporation.
Section 2. That the Mayor and City Clerk are
hereby authorized and directed to execute Contract I between
the City of Boynton Beach and L.A. Water Treatment
Corporation, attached hereto as Exhibit "A".
Section 3. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this J day of December, 1991.
~TTEST:
(Corporate Seal)
~MTP. CON
11/14/91
CITY OF BOYNTON BEACH, FLORIDA
~/~ce Ma~or ~
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CONTRACT
This Contract, made and entered into this
194/, by and between the City o~ Boyncon Beach,
hereinafter called the "Owner", and
._~ day of ~
Florida,
L*A Water Treatment Corporation
of 17400 E. Chestnut Street. Citv of Industry. CA 9]749
hereinafter called the "ContrActor";
WITNESSETH:
The Contractor, in consideration of the sum co be paid him by the
Owner and of the covenants and agreements herein contained, hereby
agrees ac his own proper cost a~d expense to do all the work and
furnish all the materials, tools, labor, and all appliances,
machinery, a~nd appurtenances for the construction of the West Water
Treatment Plant, Contract I - 4 MGD Membrane Softening Equipment co
the extent of the Proposal made by the Contractor, dated the 14th
day of October 19 91 , all in full compliance with
the Contract Documents referred to herein.
The BIDDING REQUIREMENTS, including the signed copy of the Proposal,
the CONTRACT FORMS, the CONDITIONS OF THE CONTRACT, the
S~ECIFICATIONS, and the DRAWINGS, entitled "City of Boynton Beach
West Water Treatment Plant, Contract I - 4 MGD Membrane Softening
~uiDment'', dated 0ct~ber 1990, are hereby referred to and by
~f~e~ce made a D~t of this Contract as fully and completely.as if
the same were ful~ set forth herein and are mutually cooperatlve
therewith.
That the Owner hereby agrees to pay to the Contractor for the
faithful performance of this Agreement, subject to additions and
deductions as provided in the Specifications or Proposal, in lawful
money of the United States, the amount of:
two million six hundred and seventy thousand dollars and no cents
Dollars (S 2,670~000.00 )
based on the estimated quantities and Unit or Lump Sum Prices
contained herein.
The Concrac=or agrees to complete the work within uhe time specified
herein and ~o accep~ as full payment hereunder the amounts computed
as determined by the Contract Documents and based on the said
Proposal.
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- The Contractor agrees to remedy all defects appearing in the work or
developing in the materials furnished and the workmanship performed
under this Contract during the warranty period after the date of
final acceptance of the work by the Owner, and further agrees to
indemnify and save the Owner harmless from any costs encountered xn
remedying such defects.
It is agreed that the Contract, based upon the Proposal, shall be
fully complete within the following consecutive calendar days from
the date t~he Notice to Proceed is issued for each work Schedule:
Schedule A:
Membrane
Proof
Test
120 calendar days
Schedule B:
Schedule C:
Membrane System
Design and
Acquisition
Membrane System
Onsite Construction
245 calendar days
120 calendar days
- Schedule A:
In the event that the Contractor shall fail to complete the work
within the time limit or the extended time limit agreed upon, as
more particularly sec forth in the Contract Documents, liquidated
damages shall be paid at the daily rate indicated in The following
list for work awarded under each Schedule. Sundays and legal
holidays shall be included in determxning days in default.
Membrane Liquidated Damages Per Day - S 2,500.00
Proof
Test
Schedule B:
Membrane
System
Design and
Acquisition
Liquidated Damages
Per Day - $0.00
Schedule C:
Membrane
System
Onsite
Construction
Liquidated Damages Per Day -
$ 2~500.00
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IN WITNESS WHEREOF, we, the parties hereto, each herewith subscribe
the same this .~ day of ~=-/~F~-_ , A.D., 19~/ .
CITY OF BOYNTON BEACH
Contracuor
By
Title
A~.Q~ey for
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00500 3 CONTRACT
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FLOR[DA PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
BOND NO.
AMOUNT:
that
of
hereinafter called the CONTRACTOR (Principal), and
a corporation duly organized and existing under and by virtue of the
~aws of the State of
hereinafter called the SURETY, and authorized to transact business
within the State of Florida, as SURETY, are held and firmly bound
unto the City of Boynton Beach, Flcrida as OWNER (Obligee), in the
sum of:
DOLLARS ($ ),
lawful money of the United States of America, for the payment of
which, well and truly be made to the OWNER, the CONTRACTOR and the
SURETY bind themselves and each of their heirs, executors,
administrators, successors~ and assigns, jointly and severally,
firmly by these presents as follows:
~HE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, the CONTRACTOR has executed and entered into a certazn
Contract hereto attached, with the OWNER, dated 19 ,
~o furnish at his own cost, charges, and expense all the necessary
materials, equipment, and/or labor in strict and express accordance
with said Contract and the Plans, Drawings, and Specifications
prepared by the Owner's Consulting Engineers, CH2M HILL, all of
Qhi~h is made a part of said Contracm by certain terms and
ccnditions in said Contract more particularly mentioned, which
Contract, consisting of the various Contract Documents specifically
mentioned herein and relative thereto, is made a par5 of this Bond
as fully and completely as if said Conrrac~ Documents were set forth
herein;
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00605 _ AY.~4ENT BOND
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NOW THEREFORE, the conditions of this obligatlon are such that if
zne above bounden CONTRACTOR shall in all respects comply with the
Terms and conditions of said Contract and his oDligation thereunder,
including the Contra¢~ Documents (which include the Plans, Drawings,
Specifications, and conditions as prepared by said Consulting
Engineers, invitation to Bid', Instructions co Bidders, the
Contractor's bid as accepted by the above Owner, the Bid and
Contract Performance and Paymen~ Bonds, and all Addenda, if any,
issued prior ~o the opening of bids), and further that if said
CONTRACTOR shall promptly make payments ~o all persons supplying
ma~srials, equipment, and/or labor used directly or indirectly by
said Contractor or subcontractors in 'the prosecution of the wor~
provided for in said Contract in accordance with Florida Statutes,
Section 255.05 or Section 713.23; then this obligation shall be
void; otherwise, ~o remai'n in full force and effect for the term of
said Contract, including any and all guarantee periods as
specifically mentioned in said Contract Documents;
AND, the said SURETY for value received, hereby stipulates and
agrees that no change involving any extension of time, or addition
~o ~he terms of the Contr~act or co the work to be performed, or
materials to be furnished thereunder, or in the Plans, Drawings, and
Specifications accompanying the said Contract shall affect said
obligation of said SURETY on this B~nd, and the said SURETY does
hereby waive notice of any such changes, extension of time,
alterations, or additions of the ~erms of the Contract, or ~o the
work, or to the Drawings and Specifications. Claimant shall g~ve
written notice to the ~ontractor and t~ the SURETY as required by
Fl~ida Statutes, Section 255.05 or Se~tion 713~23. Any actions
against the Contractor or the SURF~TY shall be brought within the
time specified by Section 25~.05 or Section 713.23.
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iN WITNESS WHEREOF, the above parties bounded together have executed
[his instrument this day of 19 , the
name and corporate seal of each corporate party being hereto affixed
and those presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
CONTRACTOR
By
(Seal)
Attes~
SURETY
By (Seal)
Attest
APPROVED AS TO FORM:
, 19
, OWNER
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00605 ~ PAYMENT BOND
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FLORIDA PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
BOND NO.
AMOUNT:
that
S
of
hereinafter called the CONTRACTOR (Princi'pal), and
a corporation duly organized and existing under and by virtue of the
laws of the State of '
hereinafter called :he SURETY, and authorized to uransacu business
within the State of Florida, as SURETY, are held and firmly bound
unto the City of Soynton Beach, Florida, as OWNER (Obligee), in the
sum of:
DOLLARS ($ ),
lawful money of the United States of America, for the payment of
which, well and truly be made to the OWNER, the CONTRACTOR and the
SURETY bind themselves and each of their heirs, executors,
administrators, successors, and assigns, jointly and severally,
firmly by these presents as follows:
THE CONDITION OF TPLE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, the CONTRACTOR has executed and entered into a certain
Contract hereto attached, with the OWNER, dated 19 ,
to furnish at his own cbst, charges, and expense all the necessary
materials, equipment, and/or labor in strict and express accordance
with said Contract and the Plans, Drawings, and Specifications
prepared by the OWNER'S Consulting Engineers. CH2M HILL, all of
which is made a part of said Contract by certain terms and
conditions in said Contract more particularly mentioned, which
Contract, consisting of the various Contract Documents specifically
mentioned herein and relative thereto, is made a oar: of this bond
as fully and completely as if said Contract Documents were set forth
herein.
NOW, THEREFORE, the conditions of this obligation are such that if
the above bounden CONTRACTOR shall in all respects comply with the
uerms and conditions of said Contract and his obligation thereunder,
including the Contract Documents (which include the Plans, Drawings,
Specifications, and conditions as prepared by said Consulting
Engineers, Invitation to Bid, Instructions to Biddersr the
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CONTRACTOR'S bid as accepted by the above OWNER, the Bid Bond,
Performance Bond, Payment Bond, Membrane Performance Surety, and all
Addenda, if any, issued prior to the opening of bids), and shall
indemnify and save harmless the above OWNER against and from all
costs, expenses, damages, attorney's fees, including appellate
proceedings, injury, or loss to which said OWNER may be subject by
reason of any wrongdoing, misconduct, want of care or skill,
negligence, failure to petition within the prescribed time, or
default, including patent infringements, on the part of said
CONTRACTOR, his agents or employees, in the execution or performance
of said Contract; then this obligation shall be void; otherwise, to
remain in full force and effect for the term of said Contract,
including any and all guarantee periods as specifically mentioned in
said Contract Documents;
AND, the said SURETY for value received, hereby stipulates and
agrees ~hat no change involving any extension of time, or addition
to the terms of the Contract or to the work to be performedf or
materials to be furnished thereunder, or in the Plans, Drawings, and
Specifications accompanying the said Contract shall affect said
obligation of said SURETY on this bond, and the said SURETY does
hereby waive notice of any such changes, extension of time,
alterations, or additions of the terms of the Contract, or to the
work, or to the Drawings and Specifications. Claimant shall give
written notice to the CONTRACTOR and ~o the SURETY as required by
Florida Statutes, Section 255.05 or Section 713.23. Any actions
against the CONTRACTOR or the SURETY shall be brought within the
time specified by Section 255.05 or Section 713.23.
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00600 2 PERFORMANCE BOND
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~_MRRANE PERFORMANCE BOND
STATE OF FLORIDA
) SS
)
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal and Contractor, and
hereinafter called Surety, are held and firmly bound unto the City
of Boynton Beach, Florida, hereinafter called Owner, for a period of
months beginning 12 months after startup with
membranes and has met all guaranteed performance items and
Performance Specifications, or beginning 12 months after the date of
final acceptance of the work by the Owner~ whichever occurs first,
in the sum equal tO 100 percent of the Guaranteed Membrane
Replacement Price Per Element multiplied by the total number of
membrane elements supplied under this ConTract:
lawful money of the United States of America, for the payment of
which well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and
severally, by these presents.
WHEREAS, the above named Principal has entered into a Contract with
the above Owner, dated this day of 19__, to
furnish at his own cost, charges, and expense all the necessary
materials, equipment, and/or labor in strict and express accordance
with said Contract and the Plan, Drawings, and Specifications
prepared by the Owner's Consulting Engineers, CH2M HILL, all of
which is made a part of said Contract by certain terms and
conditions in said Contract more particularly mentioned, which
Contract, consisting of the various Contract Documents specifically
mentioned herein and relative thereto, is made s part of this Bond
as fully and completely as if said Contract Documents were set forth
herein;
NOW THEREFORE, the conditions of this obligation are such that if
the above bounden Principal shall in all respects comply with the
terms and conditions of the Membrane Warranty, specified in said
Costract and his obligation.thereunder, then this obligation shall
be void; otherwise, to remain in full force and effect for the term
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of said Contract, including any and all guarantee periods as
specifically mentioned in said Contract Documents;
AND, the said Surety for value received, hereby stipulates and
agrees that no change involving any extension of time, or addition
to the terms of the Contract or to the work to be performed, or
materials to be furnished thereunder, or in the Plans, Drawings, and
Specifications accompanyiag the said Contract shall affect said
obligation of said Surety on this Bond, and the said Surety does
hereby waive notice of a~y such changes, extension of time
alterations, or additions of the terms of the Contract, or to the
work, or to the ifications. Claimant shall give
to the Surety as required by
Section 713.23. An~.actions
w~thin the
the Su=ety shall be brought
255105 or Section 713.23.
IN WITNESS W~RREOF, said
as Principal and Contractor hereunder, has caused these presents to
in ( ) original counterparts
i! two attesting and subscribing
witnesses the said
as';Surety, has caused these presents to be signed in
C ) original counterparts in its name by its
under its ¢~rporate seal, this day gf
A.D., 19
Signed, sealed and delivered
the presence of:
Principal-Contractor
By
As to Principal
Title
Surety
By
Attorney-in-Fact
(Power-of-Attorney
to be attached)
By
As to Surety
Resident Agent
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MEMBRANE PERFORMANCE BOND
2 00605-A
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IN WITNESS WHEREOF, the above parties bounded together have executed
this instrumen~ this day of 19 , the
name and corporate seal of each corporate par~y being hereto affixed
and those presents duly signed by its undersigned representative,
pursuant to authority of its governing body.
CONTRACTOR
By (Seal)
Attest
SURETY
By (Seal)
Attest
APPROVED AS TO FORM:
19
· OWNER
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