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HomeMy WebLinkAboutResolution_27-98/99_04/08/1999 RESOLUTION NO. 27 -98/99 S A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE BID AWARD FOR GENERAL LABORATORY SERVICES FOR A 16 MONTH CONTRACT (JUNE 1, 1999 THROUGH SEPTEMBER 30, 2000) TO TOXIKON OF JUPITER, FLORIDA, IN THE AMOUNT OF $21,515.60, WITH FUNDS FOR FY 1998/1999 BEING APPROPRIATED FROM THE WATER ENTERPRISE FUND, HAVING A FY 1998/1999 BUDGET ALLOCATION OF $26,500 AND SUBJECT TO FUNDS BEING APPROPRIATED AND APPROVED BY THE VILLAGE COUNCIL FOR FY 1999/2000, AND AUTHORIZING THE VILLAGE MANGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Contract for General Laboratory Services with Toxikon of Jupiter, Florida, in the Amount of $21,515.60, Attached Hereto as Exhibit " A " and Incorporated by Reference as Part of this Resolution is Hereby Approved • Subject to Funds Being Appropriated and Approved by the Village Council for FY 1999/2000, and the Village Manager is Authorized to Execute the Applicable Contract on Behalf of the Village. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Hansen , who moved its adoption. The motion was seconded by Councilmember Canretta and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION .Tole h N_ C'apretta Basil E. Dalack Carl C. Hansen Ron T. Mackail • Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and • adopted this 8th day of April, A.D., 1999. �. MAYOR OF TEQUESTA ATTEST: oann Mangan llo Village Clerk WP80 \MyFiles \Resolutions Joann General Laboratory Services • I Apr -02 -99 03 :47P Reese,Macon &Assoc_ P_05 EXHIBIT "A" AGREEMENT THIS AGREEMENT, made this day of , 1999, between VILLAGE OF TEQDESTA, a Political Subdivision of the State of Florida, hereinafter called the "VILLAGE" and loXjVJ2W hereinafter called "CONTRACTOR ". VILLAGE and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: GENERAL LABORATORY SERVICES The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows: GENERAL LABORATORY SERVICES Article 2. ENGINEER. The Project has been designed by: Reese, Macon and Associates, Inc. 6415 Lake Worth Road, Suite 307 Lake Worth, FL 33453 who is hereinafter called ENGINEERS and who is to act as VILLAGE's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1.a. The entire + o�ect (At}�ual Contract) will be for a period of t ;ren' -- _ ( ) months from the date when the contract time commences to run as provided in paragraph 2.3 of the General Conditions. The Owner reserves the right to cancel the contract at any time during the annual contract with thirty (30) days written notice to the Contractor. 3.1.b. The work will be substantially completed commensurate with the routine analyses being performed as set forth in the Proposal from the date when a Notice to Proceed is issued as provided in paragraph 2.3 of the General Conditions. Final payment guidelines as set forth in paragraph 14.13 of the General. Conditions is not applicable to this project. - 99 -106 Apr -02 -9g 03 :47P Reese,Macan &Assoc_ P.06 • 3.2. Liquidated Damages. VILLAGE and CONTRACTOR recognize that time is of the essence of this Agreement and that VILLAGE will suffer financial loss or penalties from the State if the Work is not completed within the times specified in paragraph 3.1.b above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by VILLAGE if the Work is not completed on time. Accordingly, instead of requiring such proof, VILLAGE and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay VILLAGE One ,Hundred Fifty dollars ($150.00) for each day that expires after the time specified in paragraph 3.1.b for Substantial Completion until the Work is substantially complete. Article 4. CONTRACT PRICE. 4.1. VILLAGE shall. pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as outlined within the Bid Proposal for the work performed. Article 5. PAYMENT PROCEDURES. i CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. VILLAGE shall make progress payments on account of the Contract Price for monthly work performed on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, within 30 days of receipt of an invoice during the project duration as provided below. All progress payments will be on the basis of the progress of the Work measured by the work performed for that month. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal t4 the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or VILLAGE may withhold, in accordance with paragraph 14.7 of the General Conditions. 100% of work completed for that month. 100% of materials and equipment'not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to VILLAGE as provided in paragraph 14.2 of the General Conditions). -2- 99 -106 Apr -02 -99 03 :48P ReOse,Macon &Assoc_ P.07 Article 6. INTEREST (NOT APPLICABLE) Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce VILLAGE to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has.examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data ". 7.2. CONTRACTOR has visited the site and has become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which. CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that VILLAGE and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so)'all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident' thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at -3- 99 -106 Apr -02 -99 03_48P Reese,Macon &Assoc_ P_O8 • the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by VILLAGE and others at the site that relates to the work as indicted in the Contract Documents. 7.6. CONTRACTOR has correlated the information know to CONTRACTOR, information and observations from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding'of all terms and conditions for performance and furnishing of the Work. Article H. CONTRACT DOCUMENTS. The Contract'Documents which comprise,the entire agreement • between VILLAGE and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6, inclusive). 84. Exhibits to this Agreement consisting of 4 Exhibits. 8.3: General Conditions (pages 1 to 42, inclusive)- 8.4.' Supplementary Conditions (pages SGC -1 to SGC -9, inclusive). 8.5. Specifications bearing the title Village of Tequesta I General Laboratory services consisting of 2 technical divisions and 8 pages, as listed in table of contents,,, thereof . 8.6. Addendum - N1A 8.7. , CONTRACTOR's Bid (pages P -1 to P -3, inclusive). 8.8. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All' Written Amendments and other documents amending, modifying, or supplementing the • Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. -4- 99 -106 Apr -02 -99 03 :48P Reese,Macon$Assoc_ P.09 There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ` Article 9. MISCELLANEOUS. 9_1. Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without �'. limitation moneys that may become due and moneys that are w due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. VILLAGE and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS x; R: f !!! 1 " k �lq.. -5- 99 -106 Apr -02 -99 03_49P Reese,Macon&Assoc_ P_10 • IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER and CONTRACTOR, and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on 1999. OWNER: CONTRACTOR: Village of Tequesta By Sy Thomas G. Bradford Village Manager CORPORATE SEAL]* Attest z Attest Address for giving notices: Address for giving notices: P.O. Box 3273 Tequesta, FL 33469 -0273 (561)575 -6200 * If Contractor is a corporation, attach evidence of Authority to sign. -6- 99106 Mar -25 -99 02 :46P RQQs@,Macon&AssOC_ P.02 Addendum Ito. 1 March 25, 1999 VILLAGE OF TSQUESTA General Laboratory Services This document forms apart of the contract documents and modifies the original plans and specifications dated March 1999 as noted below. Acknowledge receipt of this Addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualif,ic'aation. 1. Instructions to Bidders - Paragraph 1.23 THE PROJECT: Delete the last sentence and INSERT the following; The project is estimated to be for a period of sixteen (16) months, which will include the completion of the fiscal year, June 1999, through September 1999 and for the next fiscal year, October 1999 through September 2000. 2. Agireement - Article 3, Contract Time, 'paragraph 3.1.a. Delete the first Sentence INSERT the following; The project' is 'estimated to'be''for a period of sixteen �(I fl months' from 'the' 'date when tbei contract tLm'e coimkenca's to run as ' provided' in paragraph ' 2.3 of the' General `CGonditions. This Addendum consists of 1 page. {I 4 , -1-