R94-144RESOLUTION NO. R94-/,,,Z~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF A BID TO GAZEBO
LANDSCAPE AND DESIGN, IN THE AMOUNT OF
$42,079.50 FOR NORTH FEDERAL HIGHWAY
ROAD MEDIANS LANDSCAPE 1994;
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A CONTRACT
WITH GAZEBO LANDSCAPE AND DESIGN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, bids were received for North Federal Highway Road Median
Landscape 1994, (Bid No. 063-721-94/CJD); and
WHEREAS, the City Commission of the City of Boynton Beach, Florida,
upon recommendation of staff, has deemed it to be in the best interests of the
citizens and residents of the City of Boynton Beach, Florida to award the bid to
Gazebo Landscape and Design, in the amount of $42,079.50.
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, Florida,
hereby approves the award of a bid for the North Federal Highway Road Median
Landscape 1994, and authorizes and directs the Mayor and City Clerk execute a
Contract between the City of Boynton Beach and Gazebo Landscape and Design,
a copy of Which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~ day of September, 1994.
CITYcO~F BOYI, C,T/ON BEACH, FLORIDA
Commissioner
ATTEST:
i{'~¢'Clerk
(COrporate Seal)
9/1/94
gazebo, res
De~r Child Care Director,
July 26, 1994
Great News on your Substitutes On Standby (S.O.S.) contract !!!
We have at this time of a surplus of publicly funded hours. We
would like to offer you the service of S.O.S. for short term (no
more than 5 consecutive days) substitute teachers at a funded rate
of $8.00 per hour. We will be able to offer this u~til the funding
is no longer available. At'which time we will notify you as soon
as we can.
As you know the Substitutes On Standby program is partly subsidized
by public funds. Th~s funding enables us to offer this service to
licensed Palm Beach County child care facilities.
All of the facilities that are contracted with us benefit from this
funding. However, due to the limitations of the ~unding available
we limited the number of facilities receiving the funded hourt¥ to
certain qualified child care facilities. When you contracted with
the program you were unable to receive to this funding for your
facility.
If you have any questions please call me.
Sincerely,
Substitutes On Standby
Marie A. Laverdiere
Substitute Coordinat~r
OhJ~ O~e 8esou~e & ~efe~-~, ~nc.
SS~ S.~. 8th S~ee~ · Oe~fa¥ 8each, ~o~a ~348S · (407) 8~-0844 · (407)
ACCOUNT NUMBER
AGREEMENT CONCERNING CONDITION OF SERVICE
SUBSTFTUTES ON STANDe, Y (SOS)
City of Boynton Beach
WHEREAS.~_~eY A~te'['$choo~em.after referred to as ~ente¢'. is a duty licensed Child Care Facility located at
Rolling Green Elementary School, 550 Miner Road, Boynton Beach, FL 33435
WHEREAS. Ce~er occasionally require= the serves of individuals to substitute teach at said facility.
WHEREAS, one of the services available through Child Care Resource &Referral Inc., hereinafter referred to as 'CCR&R is tt
provision oftrained, finger printed. & screened Substitute Teachers to duty licensed Child Care Facilities, said service being know
as 'Substitutes On Standby, hereinafter referred to ae S.O.S.".
WHEREAS, CCR&R & Center wish to= enter into an agreement whereby CCR&R wilf provide substitute teachers to Center on an as
needed bas~s.
NOW THEREFORE, for g~od & v~uable consideration, the parties hereto, intending to be legailybound do herebyagree as fottews:
1. The Center understands that there is no gua~ntee that a substitute will always be available, Subject to availability, CCR&R will
provide substitute teachers to Center upon the reaue,~t of Center.
2. The parties understand that the availability of substitutes increases with the amount of prior notice ~iven CCR&R by Center of
their need for a substitute(s).
3, Hourly rates and minimum charges: "
A *For short-term substitute serviCeS used for: s{aff development, parentconferences, sick or respite leave, and ~cheduled vacations
not exceeding five (5) continuous days per individual position, Center agrees to pay CCR&R the sum of $ 8. O0 per hour for
each individual provided under the S.O.S. program with a minimum on anyone assignment being four heure.
B. For substitute services used for: Any ty[3e of leave which m(c'eed~ five (5) ~ntinuous day~ or for any staff opening, Center
agrees topay CCR&J:{ the sum of $ ]'__].. O0 per hour for each individual provided under the S.O.S. program with a m~imum
on any one assignment being four hours.
4. Center agrees t~ follow ail "Fair Labor Laws" with substitute(s) assigned t~ their facility. Cent=,r needing a substitute(s) to work
over 40 hours per week will be billed at a aura offime and a half st the currant hourly bii rat~ for that sube~ute(s).
5, Ca nceilation P oticy: Ca ncallatio n of a request for a su bstitute must be made at least 24 hou rs prior to the start of an assign ment
to avoid the four hour minimum charge. __
6. CCR&R will be respcmsibte for the payment of all wages and ~inge benefits, if any, Of the individua~ p~ovided by the S.O.S
program, including the payment of ail required payroll texas, and the maintenance of wor~f$compensetion insurance as require~
by state law. The Center is not the empto~ar of said ~ndivldual and I~ not respor~ible for the payment of said wages or benefEs~,
7. The Center agrees not to ~rectly or indirectly him e CCR&R employee (Subati~,tae On Standby) within 120 days of that
individual's completion ~f employment with CCR&R a~(cept ~ith the prior written permi~ion of CCR&R, at which time the Center
egress to pay a plac~t~t fee of $ 400. O0 ~f an S.O.S. emp~ee i~ hired by Center without the prior written coment
of CCR&R the Cente~ wii pay a placement fee of $ 800. O0
8. Center agrees that i~ wilt not utilize ,~O.S. employse~ to ¢~ive vehicle~ Center agrees to indemnify and hold CCR&R harmle~
if Center does ~dlize S.O.S. employees fo~ this purpose.
9. Center agrees notto pay S,Or S, e~O~ direc'dy or to advance any funds to them.
10. Center agrees that it will not er~ust S.O.S. employees with un&trended cash, checl~, neg~tieble~ or other valuables. Center
agrees to indemnify CCR&R and hold CCR&R harmless for any olaime assayed arising out S.O.S. employees wh~ are en~usted
with unattended cash. checks, negotiable or other valuables.
t!. Center agrees to abide bythe Rules & Regulaaone governing Child Care Faclitles in Palm Beach County, FI.
12. Center has received and is fa miller with a copy of CCR&R Complaint Policies & Procedures and is aware the S.O.S. employees
will abde by these policies.
!3. Center agrees toterms of Net UPOn Receip{and understands that unpaid accounts willbe considered in default affe~ (15) fifteen
ciays. Center agrees to pay reasonable attorney's fees and other costs and ~(l~r~ee of collection incurred by CCR&R in enforcing
this agreement.
14, If Center has an outstanding balance beyond (30) thirty days, CCR&J=I will not provide $.0.S. service to the Center until th~
~la~ce has been paid in full.
15. CCR&R may cancel this agreement u pcm (3) three days written notice to the Center, including but not limi~d any of the above
paragraphs which are not corn plied with,
16. Center agrees to pays non-~fundable Membsmhipfeeto CCR&ROf$ ]..]...5.00 to utiliz~the S.O.S. programfor s term
corr~nencmgon Octobe~ ],, ].994 andco~finuingtoSe_pt:ember 30,]'095payabteupcmthesig~ingofthiecontract
IN WITNESS WHEREOF the oarties hereto have executed this agreement this dayof 199_ -
CENTER: CCR&R:
S~Jnature Date
~y:.
Signature Date
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 waiver 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 W~EREOF, 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:
CITY OF BOYNTON BEACH, FLORIDA
Attest:
ity Clerk
Signed, sealed and witnessed
CONTRACTOR.
in the presence of:
~esiden% or Vice President
Attest as to Contractor
12
Project #
CONTRACT_
THIS AGREEMENT, made and entered into this
day of
, A.D. 19... , by and between the CITY OF BOYNTON
BEACH, a municipal corporatio5 of Florida, hereinafter call the
"CITY and
Florida Corporation Check one
a Florida general partnership
a Florida limited partnership (__)
a sole proprietor ( )
hereinafter called "CONTRACTOR,:
WITNESSET~
That under the due procedure of law, bids were heretofore
received by the City Commissionlof said CITY for the Performance of
work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, has determined that the bid
in the total amount of
50/100 ($42,079.50), ;I:I!N;:DOLLARSAND
was the best and most mentionea CONTRACTOR
desirable~b~d submitted, and has authorized
the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the
asmUtualfollows:C°nditi°ns and covenants 6ontained herein, the parties agree
! · 0 AGRI~KMEN~
~ =nu une CuNTRACTOR does accept the award,
predicated upon the bid of the--~NTRACTOR,
Which is hereby incorporated by ~eference intodatedthisAU~UStagreement,31' 1994,and
the CONTRACTO~ does ~gree to furnish the
equipment, materials a · I necessary labor, tools.
nd supplies, etc., and to perform all the
work provided in the bid, contrac~ documents, bond documents, plans
' ~.'~ ;i
. -: ~, ' . . I -/~, ?l~y o~ Boynton Beach,
~lori~a, ali ~f which are ~ncorpo~ated here~n by reference at such
unit prices/or lump sum~No~SA~Dprices as specified in CONTRACTOR,S bid
~OR~YiT~O S~Y-NINE DOLLARS AND 50 100
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to furnish all materials,
supplies, machines, equipment, tools, superintendents, labor,
insurance, and other accessories and services necessary to complete
said project in accordance with the conditions and prices as stated
in the contract conditions, supplemental general conditions and
special conditions of the contract, plans which include all maps,
plats, blueprints, and other drawings and printed or written
explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 Ail the work and labor performed under this contract
shall be perfOrmed, and all of the material furnished shall be, in
strict conformity with said plans and specifications, and
contr and consents to the conditions contained in said
ations and expressly agrees to comply with every
stipulation therein contained to be performed by
the party contracting to~do said work.
2.3 THE CONTRACTOR further agrees to furnish all tools,
,. materials and supplies and to do all the work above
me] in a first-class, substantial and workmanlike manner, and
in ( ith the details for said work on file in the office
of
.neer of the CITY and strictly in accordance with
the general stipulations and plans which are hereby
refE to a part of this contract, as well as to the
satisfaction of the City Commission and the City Engineer of the
said CITY, and ~ strict obedience With the directions Which may be
the City Engineer or his authorized representative,
at for the prices herein plainly set forth.
2.4 receipt of written notification from the CITY, to
correct or faulty work or materials which may appear
within one (1) year'after completion of the contract and receipt of
final payment. Contractor shall make the necessary corrections
within t~n (10) 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 in and about this work. Furnish release
of liens forms from all subcontractors and suppliers of materials.
Forms to be spe.cified by CITY.
2.7
debris, excess mateI rary s
from streets, alleys, adjacent
been used or worked on by the Contractor
project as such sect
for
P
The CONTRACTOR shall remove and clean up all rubbish,
tools and equipment
have
and ready
ion.
a
u
2.8 The
the provisions of
the City of Boynton Beat
2.9
satis
contract documents.
shall
if
app
accep
herei]
liab
2.10
alleys.,
anyway
a whole
WO'
S
part of
acceptance
cost any
th
Codes and
the
with
ns of
shall
.~n
~ and
he
shall,
%t
.lly
as
.1 not
.he
ghts
'eets,
in
as
and any
the
erial
any
ctor.
hel ible care,
and
his own
3.0 COIql4~C~M~ OF WORK
3.1 C~tr~ctor 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 project within 30
Calendar Days following the commencement date as specified in same.
3
3.2 Time is the essence . In the event the
CONTRACTOR shall fail in the ~ of the work specified and
required to be performed within the time limit set forth in the
contract~ after due allowanCe for any extension or extensions of
time made in accordance with provisions hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and
not as a penalty, in the amount stipulated therefore in the special
conditions or in other contract documents for each and every
from any amount 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 contract, notify City Engineer in writing of names of
subcontractors proposed for principal parts of W°rk,~and ifor such
others as ~er may direct, and shall not employ any that
architect a reasonable time, object to as incompetent
or as unfi ~
4.0 LIQUIDATED D~GES
4.1
Proceed".
CONTRACTOR further agrees to pay $ 250.00 per day as
for failure to begin within ten (10) days and
complete the work within 30 Calendar Days from the
date to be indicated in the written "Notice to
3.0 PROTECTION OF EXISTING FACILITIES
5~ CONTRACTOR warrants that prices include the protection
and )us use of all existing sewers, conduits, drains, pipes,
bu , bridges, and other construction encountered, and
the ~epairing of any damage done to them during the progress
of or from insufficient support thereafter; also, all
filling, backfilling, tamping, ramming, puddling and consolidating;
theremoval and disposal of all rubbish and sur. plus material; also
all
inc-
nec~
the
and
inc
SUS
the
CO
bailing, draining, or unwatering of all excavations,
the~execution of the work; also the furnishing of all
tools, equipment, materials and supplies, etc. and
~e of the whole work mentioned in the detailed plans
.cations necessary to give a finished resUlt, and
expense incurred in or in consequence of the
discontinuance of the said work specified and a
zance with each and every one of the requirements of
for the maintenance of the entire work and
good condition and repair until final acceptance.
4
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., ,'e and
below .ground, at or near the site or sites being
performed under the contract, or , ected
and
ITY
to
es
rty or util
6.:0 INDENNIFICATION
;6.1 ;R shall indemni
defend th agents, servants
against any claim, demand, or cause of action of whats,
nature arising out of error, omission or
Contractor, its agents, servants, or employees an
o~f services under this Agreement.
6 shall indemnify and Save
City, , and employees from
all causes, cia: de~ands, act~ions, losses,
settlements, judgments, damages, expenses,
(including without limitation .e attorney'
attorney's fees) of whatsoever or nature
persons or property caused in whole or in
om~ , or of the City, its a~
empJ th:
the
and
enf(
Stai
725 6:.
shall
The execution of this nt by
ob ,iContz to comply with
pro, as as the insurance sions
in herein. However, indemnific~
and ~ provision in this
in' it each other, each le is
from other.
and
s and
'om and
kind or
act of
)rmance
defend
and
!
and fees
.ate
~es to
any act,
ts, or
The
at the
;utes
ecific
on of
ity's
1 be
forida
shall
:ation
forth
!
ar~ not
distinct
5
6.4 The obligation of the Contractor 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 specificati6ns.
8.0
CHANGES IN THE WORK
8.1 The CITY, without invalidating the Contract, may order
extra work or make changes by altering, adding to or deducting from
the work, the Contract sum being adjusted accordingly. All such
work shall be executed under the conditions of the original
Contract. Claim for extension of time caused thereby shall be
made, in ng, at the time such change is ordered.
8.2 A1
approved
otherwise, no c.
orders and adjustments shall be in writing and
ger or City Commission if required,
extras will be allowed.
8.3 The General Contractor and all of his subcontractors shall
be apprised of, and familiar with, the following donditions and
procedures governing extra work under the Contract:
8.3.1
Any change order has to be recommended by the
City Manager and officially approved by the
City Commission before any steps are taken to
implement 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 encounters, 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 written Change
Order has been obtained from the City Manager
or the City 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 Contract
by a written Change Order.
8.3.5
Information
involving claims to
work, credits, and
Contract shall be pre
writing by the General
Re with full
regarding changes in the work
for additional
under the
transmitted in
to the CITY's
.ions and
rati!on in
8.4
The value of any
extra work and/or
be determined
procedures before a
8.4.1
ct for
shall
lowing
as are
ses
whE ~teen
(15) percent rand
the tot em is
signif the
unit ce to
determin if be
negotiated; or
8.4.2
8.4.3
If nO Such unit a
lump sum or agreed
upon by the CITY and.the Contrac~ r; or,
By cos~ ich is the actual cost
for ilabor, =t overhead, materials,
suppli'es, equipment and other services
necessary to complete the work )lus fifteen
(1! to the cos' of general
For all and foreman
in ~ of the authori 'ations,
the receive the t local
rat to be agreed upon in writing
:k, for ee hour said
thereon.
An upper li! ~tal cost of profit
shall no' be exceeded
~ CITY.
8.4.3.1
The Contractor shall submit sufficient
Cost and pricing data to enable the
Engineer to 'determine the necessity and
reasonableness of costs and amounts
proposed and the allow ability and
eligibility of costs proposes.
7
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
8.4.3.6
8.4.3.7
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
Con=ractor,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 costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
In no case shall the Contractor and
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.
Along with the items considered as general
overhead are bonds, insurance,incidental
job burdens, supervision and general
office expenses.
In no case shall the Contractor,s cost for
administering subcontracts exceed five (5)
percent of the subcontractor,s cost not
including subcontractors, profit.
For special equipment and machinery such
as power driven pumps, concrete mixers,
trucks, and tractors, or other equipment,
required for the economical performance of
the authorized work, the Contractor shall
receive payment based on the agreed rental
price for each item of equipment and the
actual 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, "Rental 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
Contractor 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
and the
8.5 Claim of payment
Contractor upon certJ
bills. Such stateme
Contract payment
claim for extra work
ordered, in writing,
the time of the first
9.0 PROJECT ENGINEER
shall be submitted by the
~nt supported by receipted
submitted for the current
in which the work was done. No
~ allowed unless the same was
and the claim presented at
'ter the work is completed.
9.1 The project engineer shall be KEVIN ~AI~IF~, FORSTER
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 written
authority. He has authority to stop the work whenever
such stoppage may be necessary to insure the p r o p e r
execution of the contract.
9.3
As the Engineer is, in 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
contract commercial liability,'motor vehicle, and property damage
insurance, acceptable to the CITY, covering the work contracted and
all operatioas 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 set forth on the insurance
requirement schedule attached as Exhibit "A ".
9
10.2 Required insurance shall be documented in a certifiCate of
insurance which provides that the CITY of Boynton Beach shall be
notified at least fifteen (15) days in advance of cancellation,
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 engines
used on construction equipment Shall be equipped with mufflers, as
required by the the City of Boynton Beach, and the
shall other requirements of this Code as
ion of noise. No pile driver, excavating or
const pneumatic hammer, derrick~ the use of
or unusual noise,
f 6:00 p.m. and 7:00 a.m.,
Manager, andthen~only in case of emergency.
DE
11.0
~U~TEE AND ~ARR~TIE$
11.1 All the work shall be guaranteed to remain in good
condition for one year from date of acceptance.
12.0 TEI~INATION OF CONTRACT
being unnecessari~
violating any of l
'contract, plans or
in bad faith or
contract; if
for its completion
of the intent to
contractor shall
set forth in su
judgement of the
of the work,
the contract
notice, or any
termination, the
Surety and the
12.1 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 for the benefit of his creditors; if a receiver
should be appointed the CONTRACTOR or any of his property, if
at any time the shall certify in writing to the City
Manager that the per .rmance of the work under the contract is
or that the CONTRACTOR is willfully
provisions, or covenants of the
, or that he is executing the same
not in accordance with the terms of the
fully completed within the time named
the time to which such completion date
may be extended; or if other just causes exist, then the City
Manager may serve ten (10) days' written notice upon the CONTRACTOR
~minate the contract for the CITY and if the
)rior to the effect'ive date of termination
take such measures as will, in the
~r, insure the satisfactory performance
~and the City Manager may declare
on the effective~date specified in such
thereto. In the event of such
Manager shall notify the CONTRACTOR and
!TOR shall immediately respect such notice and
stop work and cease to have any right to the possession of the
ground and shall forfeit his contract.
10
Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY'S action and the Surety shall
within ten (i of receJ said notice remedy the default
or the sure 1 as possible:
12.1.1 Complete the contract in accordance with its terms and
conditions, or
Sur{
in
by
make
ault
or
pay
but
pa
the d
~t
e" · as
CITY
less
CONTRACT CONTROLS
13.1 The snbject contract between ithe CITY and ~he CONTRACTOR
shall supersede any and all documents~executed between the parties
relative to the project. ,In any inconsistencies the
terms, provisions and conditions set f~ [ in the sub' Pact
shall supersede all other documents shall be llinq.
14.0
TIME OF ESSENCE
14.1 Inasmuch
specificati
relating to
for the p~
of a
all such t2
p f, and of the plans and
of all contract documents
work are
.ng the CITY
apredetermined program,
essence:of the contract.
15.0
REMEDY FOR DELAY
any act= or
remedy
claimed or
the project
employees.
event of any delay in the project caused by
y, its agents or emp!loyees, the sole
ractor shall be by extenSion of the time
No monetary damages "shall be
to Cc in association with any delay in
by an act or omission~ of the CITY, its agents or
11
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 waiver 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:
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
CONTRACTOR
in the presence of:
President or Vice President
Attest as to Contractor
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STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
Personally appeared before me duly authorized to administer oaths
to me known to be the persons described herein and who executed the
foregoing instrument and have acknowledged before me and they have
executed same.
Notary Public
My Commission Expires:
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