Res No. 25-18 - -- - ....
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RESOLUTION NO. 25-18
A RESOLUTION OF THE CITY OF DELRAY BEACH,
FLORIDA APPROVING AN AGREEMENT WITH DP
DEVELOPMENT OF THE TREASURE COAST, LLC.; FOR
CONSTRUCTION OF ALLEYS IN THE SW
NEIGHBORHOOD; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT AND TAKE ALL
ACTIONS NECESSARY TO EFFECTUATE THIS
AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
F �
jl WHEREAS, the City of Delray Beach (City) is authorized to enter into agreements to provide
services,programming and products in accordance with its Charter;and
WHEREAS, the City requires the following services or requires the following products for the
purpose of construction of alleys in the SW neighborhood; and
WHEREAS, the City desires to enter into an agreement with DP DEVELOPMENT OF THE
TREASURE COAST, LLC. FOR CONSTRUCTION OF ALLEYS IN THE SW
NEIGHBORHOOD;and
WHEREAS, the City Commission deems approval of this Resolution to be in the best interest
of the health, safety, and welfare of the residents and citizens of the City of Delray Beach and the public
at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
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Section 2. The City Commission of the City of Delray Beach has reviewed and hereby
approves this Agreement between the City and DP DEVELOPMENT OF THE TREASURE
COAST,LLC.;a copy of which is attached to this resolution as Exhibit A.
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Section 3. The City Commission authorizes the City Manager to execute the Agreement
and any amendments and/or renewals thereto, and take any other actions necessary to effectuate this
Agreement.
Section 3. This Resolution shall become effective immediately upon adoption.
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PASSED AND ADOPTED m regular session on the d r1l . 2018.
a of
ATTEST: Shelly Petrolia,May
Katerri Johnso , City Clerk
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„A v forma dl al fficiency:
Max Lo a City Attorney
2 Res.No.25-18
ITBC 2018-009 SW Neighborhood Alleys
Project 17-103
AGREEMENT
THIS AGREEMENT is hereby made and entered into this` 1 31 day of huO 201 n (the
"effective date") by and between the City of Delray Beach, a Florida municipal corporation ("City"),
whose address is 100 N.W. 11t Avenue, Delray Beach, Florida 33444, and DP Development of the
Treasure Coast, LLC, a corporation (hereafter referred to as "Contractor"), whose address is 1014 S.
Congress Ave.,Palm Springs, FL 33406.
WHEREAS, the City desires to retain the services of the Contractor to provide the goods and
services in accordance with the City's Invitation to Bid Construction No. 2018-009, and the Contractor's
response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth,
the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF INVITATION TO BID CONSTRUCTION
The terms and conditions of this Agreement shall include and incorporate the terms, conditions,
and specifications set forth in the City's Invitation to Bid Construction No. 2018-009, and the
Contractor's response to the Invitation to Bid Construction, including all documentation required
thereunder.
ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES
The Contractor shall provide the goods and/or perform those services identified in the
specifications accompanying the City's Invitation to Bid Construction, which are incorporated herein by
reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto
and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid
Construction.
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required, contemplated, or
permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or
mailed by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
i. As to the City: City of Delray Beach
100 N.W. 11t Avenue
Delray Beach, Florida 33444
Attn: City Manager
Email:
ITBC 2018-009 SW Neighborhood Alleys
Project 17-103
ii. with a copy to: City of Delray Beach
100 N.W. Vt Avenue
Delray Beach, Florida 33444
Attn: City Attorney
Email:
iii. As to the Contractor: DP Development of the Treasure Coast, LLC
1014 S. Congress Ave.
Palm Springs, FL 33406
Attn.: Patrick Borrico
Email:pat@dpdevelopment.net
b. !I�din s. The headings contained in this Agreement are for convenience of reference
only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
C. Effective Date. The effective date of this Agreement shall be as of the date it has been
executed by both the parties hereto.
ARTICLE 5. CONTRACTTERM
This term of this Agreement shall be from the effective date through the completion of work
and full acceptance by the City, unless terminated earlier in accordance with terms set forth in the ITBC.
(Remainder of this page is intentionally left blank.)
ITBC 2018-009 SW Neighborhood Alleys
Project 17-103
IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written.
CIT F"`W - AY BEACH, F IDA
[SEAL]
Shelly Petrolia, May
ATTEST:
By:
Katerri Johnn, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIE
R. Max Lo ,City Attorney
µ e tmen
;;) t
CONTRACRh 11 o',
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By: ,� . . . o ...
Print Name: Pat Bonico
Title: ManagOg Meirr'ber
WITNESS:
By:
Print Name: Andrea (1 orate