Res 25-73 RESOLUTION NO. 25-73.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
A CITY CONTRACT FOR CLEARING, MOVING AND
RESETTING TREES IN PROPOSED NEW PARKING LOT.
WHEREAS, it is the recommendation of the City Manager that
the Council, acting by authority of provisions in Section 78 of
the City's Charter, award a contract for removal of trees and
shrubs, transplanting nineteen (19) Coconut Palm Trees, relocating
nine (9) Royal Palm Trees and relocating certain other trees for
the proposed parking lot between A1A and Gleason Street north of
Coconut Road as shown on Drawings for Job No. 5-321-73, Sheets
2 and 3; and
WHEREAS, the low bidder for the above stated work is
Hardrives, Inc. based on equipment rental basis with a guaranteed
maximum total amount of $4,000.00; and
WHEREAS, time is of the essence in accomplishing tkis
work; and
WHEREAS, it is the Council's opinion that such action would
be in the best interest of the City,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
That said contract for clearing, moving and resetting trees
be awarded to the low bidder, Hardrives, Inc., with a guaranteed
maximum cost of $4,000.00.
PASSED AND ADOPTED in regula~ session on this the 14th day
of May, 1973.
MA YOUR~
ATTE ST:
City Cle~rk ,//
DRIVEWAYS PARKING AREAS <~ STREETS :i GRADING :':, ROCK & FILL S; CONCRETE WORK
"~'~ ' 2000 SOUTH CONGRESS AVENUE PHONE 278-0456
DELRAY BEACH, FLORIDA 33444 QUOTATION
OATE May 9, 1973
To: City of Del ray Beach
100 N. W. First Avenue
Del ray Beach, Florida 33444
:°
"A,EOF"RO'ECT: Clearing & Grubbing, Park Site
LOCATION: South Ocean Boulevard & Gleason Street
PLANS ANDSPEC,,,C^T,O,S: AS described below.
WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING:
Clear and grub area, approximately 135' x 600'
as required. Move and reset trees as shown.
Complete - $4,000.00 Maximum
Note: Owner will be responsible for all
tree watering after transplanting.
Owner will furnish all required
construction layout.
Above price represents maximum and
actual invoicing will be done on an
equipment rental basis g. uaranteed
not to exceed quoted price.
Thank You.
HARDRIVES CANNOT GUARANTEE OR BE RESPONSIBLE FOR ROCK BASE WORK CONSTRUCTED BY OTHERS:
BUYERS SIGNED ACCEPTANCE WILL CONSTITUTE A BINDING CONTRACT.
IN THE EVENT THERE IS ANY DEFAULT IN, PAYNENTS DUE UNDER THIS CONTRACT AND THE SAME IS PLACED IN THE HANDS OF AN
ATTORNEY FOE COLLECTION, THE PLIRCHASER AND//OR PURCHASERS, HEREBY AGREES TO PAY ALL COST OF COLL£CTION~ INCLUDING
A REASONABLE ATTORNEY'S FEE.
NAR ' ,N~. .
~,~... dohn ~. ~utbro~n, ~ce President
I
· ¥urner :Vurser £andsca, ve da.
980 N. FEDERAL HIGHWAY, BOCA RATON, FLORIDA 33432
P.O. BOX 186 TELEPHONES: 395-3636 399-6941
ESTI~IATE
ld, ay 2. 1973
Owner Hr. J. L. Brawner, City Engineerini Department
City of Delray Beach, Florida 33/4/~
Lo~ation of Property
1~: Plan - Clea~ing & Grubbing, Parc of Lots 23 & 24
Beach Lots, aec~een ALA & ~;leasou Street,
Temporary Addres~ Oelray B~mch, Florida
Telephone No.
Permanent Mailing Address
Telephone No.
MATERIALS AND SERVICES
Removal of Crees and shrubs as designated on plan ~4950.00
Transplanting 19 coconut palms Co site desi~naCed on
plan 950. O0
Relocating 9 Royal Palms as designated on plan 630.00
Existing sabal palms and 1 existing black olive tree Co
be relocated by City of Delray Beach
Note: Removing oil Crees and shrubs as designated on
plan will be subconCracCed by Turner Nursery &
Landscape Co. co Kinne Tree Service, Pompano Beach
Florida
TOTAL ....... , .............. , .... ~6530.00
LANDSCAPE CONSTRUCTION CONTRACT
For and in consideration of the sum of $1.00 and other good and valuable considerations this day
in hand paid by the Owner, the receipt whereof is hereby acknowledged, TURNER NURSERY & LAND-
SCAPE CO., hereinafter referred to as the Company, and the undersigned Owner of the real property
described on the reverse side hereof, hereinafter referred to as the Owner, hereby agree as follows:
1. The entire reverse side hereof entitled "estimate" is hereby made a part of this contract, as well
as additional sheets listing materials and services, when properly numbered and signed by the Owner and
the Company.
2. The Company agrees to furnish all materials and perform all work necessary for the performance
of this contract upon the following terms and conditions:
(A) All plants shall be in good condition when planted and will be carefully and properly planted
on said real property so as to give as near a finished appearance as the character of the plantings and
existing conditions will permit.
(B) All plantings and landscape work required hereunder shall be completed without delay.
Provided, however, the Company shall decide the time to plant and the planting requirements of any
plants likely to be affected by seasonal changes or weather conditions, and further provided that the
Company shall not be responsible for delays caused by strikes, labor, weather or other conditions beyond
its control.
(C) The Company will replace without charge to the Owner any plants damaged by the Company
or its agents or which die from the shock of transplanting, provided such loss is reported by the Owner to
the Company within ninety (90) days from the date of planting. However, the Company shall not be
responsible for damage to plants caused by neglect, errors or omissions of the Owner or his agents, fire,
lightning, wind, rain, hailstones, floods, or any other cause beyond the control of the Company.
(D) The performance of this contract shall be commenced on or about
(E) Other Provisions:
3. The Owner agrees as follows:
(A) This instrument embodies the whole agreement of the parties: There are no provisions, terms,
conditions or obligations referring to the subject matter other than contained herein.
(B) All water used for planting and maintenance of plants shall be furnished by the Owner.
(C) The Owner shall remove or cause to be removed any debris or obstructions which might
prevent the Company from properly performing .the w.ork required hereunder.
(D) The Owner agrees to pay the Company the sum of Rfx thm~aand {[~ve hundred
thirty and 00/100 ....... Dollars ($ 6~.530,00 ) for the aforemen-
tioned performance of this contract, together with any additional sums advanced by the Company on
behalf of the Owner in performance of paragraphs 3 (B) and 3 (C) herein. The total amount of said sum
shall be paid as follows:
Ten percent upon signing contract with balance in full upon completion.
(E) In the event the Owner shall fail to promptly pay any sum required to be paid hereunder
within thirty (30) days after the same shall become due, then the entire unpaid balance of this contract
shall become immediately due and payable and in the event it shall become necessary to put this matter in
the hands of an attorney for enforcement or collection, the Owner agrees to pay said entire unpaid balance
together with a reasonable attorney's fee, any Court costs and interest at the highest legal rate from the
date of such default.
IN WITNESS WHEREOF, the Company has caused these presents to be executed in its corporate name by
its duly authorized officer and the Owner has hereunto set his hand and seal this day
of ,19 ~
TURNER NU/~'E~ & L~APE CO.
By: X'_/_(__'~-, ~z'¢~-~.~,--~
GET :dm / u~ra=a -~-~z-urner, Freszaent
Owder:
(SEAL)
(SEAL)