R94-58RESOLUTION NO. R94---~-~
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING THE AWARD OF A
BID FOR MODIFICATIONS TO LIFT STATION
NO. #801; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE
CITY OF BOYNTON BEACH AND UTILITIES
SERVICE, INC. OF POMPANY BEACH,
FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, bids were received for proposals for Modifications to Lift
Station No. #801, Bid No. 032-401~94NSMG; 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
Utilities Service, Inc. of Pompano Beach, Florida as the most responsive and
responsible bidder meeting specs.
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 Modifications to Lift Station No. #801, to
Utilities Service, Inc. of Pompano Beach, Florida and authorizes and directs the
Mayor and City Clerk execute a Contract bebNeen the City of Boynton Beach and
Utilities Service, Inc. of Pompano Beach, Florida, 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 ,.5- day of April, 1994.
CITY,~ OF~M'~' ~'~~ BOY,NT, JDN BEACH~ FLORIDA
Mayor F
ATTEST:
lerk
(Corporate Seal)
[iftstat.res
1/93
THIS AGREEMENT,
BEACH,
Project #10919
C0 TRAOT
made and entered into this 3/ d~y cf
~ , A.D. 19~, by and between the CITY OF BOYNTON
a municipal corporation of Florida, hereinafter called the
"CITY" and Utilities Services~ Thc. 2301 NW 15th Court, Pompano Beach, FL
a Florida Corporation ( )
a Florida general partnership (__)
a Florida limited partnership (__)
a sole proprietor ( )
Check one
hereinafter called "CONTRACTOR".
WITNESSETH
That under the due procedure of law, bids were heretofore
received by the City Commission of 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 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
~n the presence of:
Attest:
City Clerk
Signed, sealed and witnessed
in the presence of:
State of Florida )
)SS:
County of Palm Beach )
CITY OF BOYNTON BEACH, FLORIDA
j j ~Zity Ma~nager
Ci yVatto /
CONTRACTOR
~~nt or~~
A~te~% 'as' to ~{tra6t~r ~/ '
Personally appeared before me duly authorized to administer
oaths
to me known to be the persons d/escribed herein and who executed the
foregoing instrument and have acknowledged before me ~n~ they have
Nof~ry Publ icl' ' .~ -c~ ~;;~..';.W_~2 ~.~
My Co~ission Expires: -~- I~ -9~ ~.~17, Ze. ~%~c.
on r c . oc -'
Rev. 1/19/93 '---
END OF CONSTRUCTION CO~CT
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:
Attest:
~ City Clerk
Signed, sealed and witnessed
an the presence of:
State of Florida )
)SS:
County of Palm Beach )
CITY OF BOYNTON BEACH,
, ~. j ~ ~ity Manager
Ma~or ~
' ci; vitto
CONTRACTOR
FLORIDA
oathsPersonally appeared before me duly authorized to administer
to me'known ~o be the persons ~escribed herein and who executed the
foregoing instrument and have acknowledged before me ~n~ they have
executed same.~ · ..~../~
Nonary Public/'
Contract.doc
Rev. 1/19/93
END OF CONSTRUCTION CONTACT
13
2.2
2.3
2.4
2.5
2.6
2.7
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.
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 contractor accepts and consents to
the conditions contained in said plans and specifications
and expressly agrees to comply with every requirement and
stipulation therein contained to be performed by the
party contracting to do said work.
THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and to do all the work
above mention in a first-class, substantial and
workmanlike manner, and in conformity with the details
for said work on file in the office of the BOYNTON BEACH
UTILITY DEPARTMENT, for CITY and strictly in accordance
with the specifications, general stipulations and plans
which are hereby referred to and made a part of this
contract, as well as to the satisfaction of the City
Commission and the CITY MANAGER of the said CITY, and in
strict obedience with the directions which may be given
by the said CITY MANAGER or his authorized
representative, at and for the priced herein plainly set
forth.
Upon receipt of written notification from the CITY, to
correct any defective 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 ten (10) days of
receipt of the written notice.
To comply with the provisions of Section 215.19, Florida
Statutes, if applicable.
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 specified by CITY.
The CONTRACTOR shall remove and clean up all rubbish,
debris, excess material, temporary structures, tools and
equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the
Contractor in connection with the project promptly as
such section or portion is completed and ready for use,
leaving ~he same in a neat and presentable condition.
Payment of monthly or partial estimates may be withheld
until this has been done to the satisfaction of the
DIRECTOR OF UTILITIES. Final acceptance and payment for
the entire project will no= be made until the site is
satisfactory to the CITY.
2.8
The CONTRACTOR shall at all times observe and comply with
the provisions of the charter, ordinances, codes and
regulations of the City of Boynton Beach, Florida.
2.9
Upon completion of the work, the DIRECTOR OF UTILITIES
shall satisfy himself, by examination and test, that the
work has been fully completed in accordance with the
plans, specifications and contract document. When the
DIP~CTOR OF UTILITIES i~s so satisfied, he shall recommend
acceptance thereof to the City Manager, who shall,, if he
agrees with such recommendation, present the final
payment application to City Commission for review and
vote to formally accept the project.
The right of general supervision of the CITY as
hereinafter provided under "authority of the engineer"
shall not make the CONTRACTOR an'agent or employee of the
CITY, but the CONTRACTOR shall at all times, and in all
respects have the rights and liabilities of an
independent contractor~
2.10
After the cleaning up of the work, premises, streets,
alleys, manholes, catch basins, or other areas of
structures in anyway connected with the performance of
the contract, the work as a whole shall be inspected by
the ENGINEER, and any workmanship or materials found no=
meeting the requirements of the specifications shall be
removed by or at the expense of the contractor and good
and satisfactory workmanship or material substituted
therefor. Ail settlement, defects or damage upon any
part of the worm shall be remedied and made good by the
contractor.
2.11
The CONTRACTOR will be held responsible for the care,
protection and condition of all work until final
completion and acceptance thereof, and will be required
to make good a= his own cost any damage or injury
occurring from any cause.
3.0 COM/~ENCEMENT OF WORK
3.1
Contractor 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 245 days following the
commencement date as specified in same.
3.2 Time is the essence of the contract. In the event the
CONTRACTOR shall fail in the performance of the work
3.3
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 provision hereinbefore set fortk, the CONTRACTOR
shall be liable ~o 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 calendar day that the CONTRACTOR shall be
in d~fault of completion. The CITY shall have the right
to deduct said liquidated damages from any amount due, or
that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
CONTRACTOR shall, as soon as practicable, after signature
of contract, notify the ENGINEER in writing of names of
subcontractors proposed for principal part of work, and
for such others as the ENGINEER may direct, and shall not
employ any that the Engineer may, within a reasonable
time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1
The CONTRACTOR further agrees to pay, as liquidated
damages, the sums as specified in Article # 17.4 General
Conditions and Part 2 Supplementary Conditions, for
failure to begin within (10) days and failure to complete
the work within 245 calendar days from the date of
"Notice to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1
5.2
The CONTRACTOR warrants that prices include the
protection and continuous use of all existing sewers,
conduits, drains, pipes, buildings, walks, bridges, and
other construction encountered, and the prompt repairing
of any damage done to them during the progress of the
work, or from insufficient support thereafter; also, all
filling backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish
and surplus material; also all pumping, bailing,
draining, or unwatering of all excavation, incidental to
the execution of the work; also the furnishing of all
necessary labor, tools, equipment, materials and
supplies, etc. and the performance of the whole work
mentioned in the detailed plans and specifications
necessary to give a finished result, and including all
expense ~ncurred in or in consequence of, the suspension
or discontinuance of the said work specified and a
faithful compliance with each and every one of the
requirements of the contract and for the maintenance of
the entire work and construction in good condition and
repair until final acceptance.
The CONTRACTOR shall assume full responsibility and
expense for the protection of all public and private
4
property, structures, water mains, sewers, utilities,
etc., both above and below ground, at or near the site or
sites of the work being performed under the con=act, or
which are in any manner affected by the prosecution of
the work or the transportation of men and material in
connection therewith. The CONTRACTOR shall give
reasonable written notice in advance to the department of
the CITY having charge of any property or utilities owned
by the CITY and to other owner or owners of public or
private property or utilities when they will be affected
by the work to be performed under the contract, and shall
make all necessary arrangements with such department,
departments, owner or owners for the removal and
replacement or protection of such property or utilities.
6.0 INDEMNIFICATION
6.1
6.2
6.3
The CONTRACTOR shall indemnify and save harmless and
defend the CITY, its agents, servants, and employees from
and against any claim, demand, or cause of action of
whatsoever kind or nature arising out of error, omission
or negligent act of Contractor, its agents, servants, or
employees in the performance of services under this
Agreement.
6.4
Contractor shall indemnify and save harmless and defend
City, its agents, servants, and employees from and
against any and all causes, claims, demands, actions,
losses, liabilities, settlements, judgements, damages,
costs, expenses, and fees (including without limitation
reasonable attorney's and appellate attorney's fees) of
whatsoever kind or nature for damages to persons or
property caused in whole or in part by any ac=, omission,
or default of the City, its agents, servants, or
employees arising from this contract or its performance.
The contractor and the City hereby agree and covenant
that the Contractor has incorporated in its original bid,
which constitutes the contract sum payable by the City to
the Contractor, specific additional consideration
provided for in this paragraph. It is the City's and
Contractors's full intention that this provision shall be
enforceable and said provision shall be in compliance
with Florida Statute 725.06.
The execution of this Agreement by the Contractor shall
obligate Contractor to comply with the foregoing
indemnification provision, as well as the insurance
provisions which are set forth in Supplemental
Conditions. However, the indemnification provision, and
the insurance provision contained in this Contract are
not interdependent of each other, each one is separate
and distinct from the other.
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.
7.9 PAYMENT BY CITY
7.1
The CITY agrees ~o pay the CONTRACTOR in current funds
for the performance of the contract, subject to additions
and deductions as provided in the specifications.
8.0 CHANGES IN THE WORK
8.1
8.2
8.3
The CITY, without invalidatlng 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. Any claim for
extension of time caused thereby shall be made, in
writing, at the time such change is.ordered.
Ail change orders and adjustments shall be in writing and
approved by the City Manager or City Commission if
required, otherwise, no claim for extras will be allowed.
The General Contractor and all of his subcontractors
shall be apprised of, and familiar with, the following
conditions and procedures governing extra work under the
Con~ract:
8.3.1
8.3.2
8.3.3
Any change order has to be recoramended by the
City Manager and officially approved by the
City Commission before any steps are taken to
implement the change order.
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 cons=rued 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.
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 regarding changes in the work
6
8.4
involving claims to the CITY for additional
work, credits, and/or adjustment under the
Contract shall be promptly transmitted in
writing by the General Contractor to the
CITY'S Representative with full explanations
and justifications for his consideration in
preparing a Change Order to the Contrac:.
The value of any change ordered under the Contract for
extra work and/or any reductions in work required, shall
be determined under one or more of the following
procedures before a written Change Order is issued:
8.4.1
By such applicable unit prices, if any, as are
set forth in the Contract except in those
cases where increases in quantities exceed
fifteen (t5) percent of the original bid
quantity and the total dollar change of that
bid item is significant in the opinion of the
Engineer the unit price shall be subject to
review to determine if a new unit price should
be negotiated; or
8.4.2
If no such unit prices are set forth, then by
a lump sum or other unit prices mutually
agreed upon by the CITY and the Contractor;
or,
8.4.3
By cost reimbursement which is the actual cost
for labor, direct overhead, materials,
supplies, equipment, and other services
necessary to complete the work plus fifteen
(15) percent to cover the cost of general
overhead and profit. For all labor and
foreman in direct charge of the authorized
operations, the Contractor shall receive the
current local rate of wages to be agreed upon
in writing before starting such work, for each
hour said labor and foreman are actually
engaged thereon. An upper limit of total cost
and of profit shall be agreed upon and shall
not be exceeded unless approved by the 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 allowability and
eligibility of costs proposed.
8.4.3.2
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,
8.4.3.3
8.4.3.4
8.4.3.5
8.4.3.6
8.4.3.7
8.4.3.8
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 to=al cost of direct
labor, fringe benefits, direct overhead,
materials, supplies, equipment and
directly related services supplied by
him. Among the items considered as
general overhead are bonds, insurance,
incidental lob burdens, supervision and
general office expense.
In no case shall the Contractor,s cost
for administering subcontracts exceed
five (5) percent of the subcontractors,
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.
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
8
made, signed by the Contractor and the
Engineer and one copy retained by each.
8.5
Claim of payment for extra work shall be submitted by the
Contractor upon certified statement supported by
receipted bills. Such statements shall be submitted for
the ~urrent Contract payment for the month in which the
work was done. No claim for extra work shall be allowed
unless the same was ordered, in writing, as aforesaid and
the claim presented at the time of the first estimate
after the work is completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be Linda Riccardi, P.E.;
Stanley Consultants, Inc.
9.2
The Engineer shall have general supervision and direction
of the work. He/she is the agent of CITY only to the
extent provided-in the contract documents and when in
special instances he/she has the authority by CITY to
act, and in such instances he/she shall, upon request,
show CONTRACTOR written authority. He/she has authority
to stop the work whenever such stoppage may be necessary
to insure the proper 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/she shall side neither with
CITY nor with CONTRACTOR, but shall use his/her 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 operations' in
connection herewith, and whenever any of the work covered
in the con~ract 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 Supplementary Conditions.
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
prevent the generation of loud, unnecessary noise
9
conjunction with his operations at the work site.
Internal combustion engines used on construction
equipment shall be equipped with mufflers, as required by
the Code of the City of Boynton Beach, and the CONTRACTOR
shall comply with all other requirements of this Code as
they pertain to prevention of noise. No pile driver,
excavation or other construction equipment, pneumatic
hammer, derrick, the use of which is attended by loud or
unusual noise, shall be operated between the hours of
6:00 P.M. and 7:00 A.M., except by written permission of
the City Manager, and then only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 Ail the work shall be guaranteed to remain in good
condition for one year from date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1
If the work =o be performed under the con=tact 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 for the CONTRACTOR or any of his property, if
at any time the Engineer shall certify in writing to the
City Manager that the performance of the work under the
contract is being unnecessarily delayed or that the
CONTRACTOR is willfully violating any of the conditions,
provisions, or covenants -of the contract, plans or
specifications, or that he is executing the same in bad
faith or otherwise not in accordamce with the terms of
the contract; if the work be not fully completed within
the time named for its completion or within 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 of the
intent to terminate the contract for the CITY and if the
contractor shall not, prior to the effective date of
termination set forth in such notice, take such measures
as will, in the judgement of the City Manager, insure the
satisfactory performance of the work, The City Commission
and the City Manager may declare the contract terminated
on the effective date specified in such notice, or any
date subsequent thereto. In the even= of such
termination, the City Manager shall notify the CONTRACTOR
and Surety and the CONTRACTOR shall immediately respect
such notice and stop work and cease to have any right =o
the possession of the ground and shall forfeit his
contract. Upon such termination, the City Manager shall
provide the Surety with written notice of the CITY'S
action and the Surety shall within ten (10) days of
receipt of said notice remedy the default or the surety
shall as expeditiously as possible:
10
12.1.1
Complete the contract in accordance with its terms
and conditions, or
12.1.2
Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
determination by Surety and the CITY of the lowest
responsible bidder, make available as work
progresses (even though there should be a default
or a succession of defaults under the contract or
contracts or completion arranged under this
paragraph) sufficient funds to pay the cos= of
completion less the balance of the contract price;
but not exceeding, including other costs and
damages for which the Surety may be liable
hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the
contract price", as used in this paragraph, shall
mean the total amount payable by CITY to CONTRACTOR
under the Contract and any amendments thereto, less
the amount properly.paid by CITY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1
The subject contract between the CITY and the CONTRACTOR
shall supersede any and all documents executed between
the parties relative to the project. In the event of any
inconsistencies the terms, provisions and conditions set
forth in the subject contract shall supersede all other
documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1
In as much as the provisions hereof, and of the plans and
specifications herein, and of all the other contract
documents relating to the times of performance and
completion of the work are for the purpose of enabling
the CITY to complete the construction of a public
improvement in accordance with a predetermined program,
all such time limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1
In the event of any delay in the project caused by any
act or omission of the City, its agent or employees, by
the act or omission of any other party, or delay caused
by weather conditions or unavailability of materials, the
sole remedy available to Contra=tot shall be by extension
of the time allocated to complete the project. No
monetary damages shall be claimed or awarded to
Contractor in association with any delay in the project
caused by an act or omission of the CITY, its agents or
employees, by the act or omission of any other party, or
delay caused by weather conditions or unavailability of
materials,.
11
15.2
15.3
15.4
Failure on the part of Contractor ~o process a written
request for an extension of time to complete the work
within 10 business days of the act, occurrence or
omission which is the reason for the request, shall
constitute a waiver by Contractor and Contractor shall be
held responsible for completing the work within the time
allocated by this project.
Ail requests for extension of ~ime to complete the work
shall be made in accordance with the General and Special
Conditions.
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.
12
In WITNESS WHEREOF, the CITY has caused these presents to be
signed by its Mayor and CiTy Manager, attested by the Ci=y 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 CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest:
Mayor
Approved as to Form:
City Clerk
Signed, sealed and witnessed
in the presence of:
City Attorney
CONTRACTOR
President or Vice President
Attest as to Contractor
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 execu=ed the
foregoing instrument and have acknowledged before me and they have
executed same.
Notary Public
My Commission Expires:
Contract.doc
Rev. 1/19/93
END OF CONSTRUCTION CONTRACT
13
BY THIS BOND,
as Principal and
PUBLIC CONSTRUCTION BOND
We
a corporation, as Surety, are bound to
herein called Owner, in the sum of $
for payment of which we bind ourselves, our
representatives, successors· and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal=
1. Performs the contract dated
· between Principal and Owner for construction of
heirs, personal
at the
An
19
the contract being made a part of this bond by reference,
times and in the manner prescribed in the contract~ and
2. Promptly makes payments to all claimants, as defined
Section 255.05(1), Florida Statutes, supplying Principal with
labor, materials, or supplies, used directly or indirectly by
Principal in the prosecution of the work provided for in the
contract~ and
3. Pays Owner all losses· damages, expenses, costs, and
attorney's fees· including appellate proceedings· that Owner
sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all work and materials
furnished under the contract for the time specified in the
contract, then this bond is void~ otherwise it remains in full
force.
Any changes in or under the contract documents and compliance
or noncompliance with any formalities connected with the contract
or the changes does not affect Sure=¥'s obligation under this bond.
DATED ON , 19
(Name of Principal)
BY=
(Name of Sure=y)
4. The payment provisions of bonds furnished for public work
contracts described An subsection (1) shall, regardless of form, be
construed and deemed statutory bond provisions, subject to all
requirements of subsection (2).
5. In addition to the provisions of chapter 4?, any action
authorized under this section may be brought in =he county in which
the public building or public work is being constructed or
repaired. This subsection shall no= apply to an action instituted
prior =o May 17, 1977.
6. All bonds executed pursuant to this section shall make
reference to =his section by number and shall contain reference to
the notice and time limitation provisions of =his section.
7. In lieu of the bond required by this section, a
contractor may file with =he state, county, city or other political
authority an alternative form of security in the form of cash, a
money order, a cer~lfied check, a cashier's check, an irrevocable
letter of credit, or a security of a type lis=ed in part II of
chapter 625. Any such alternative form of security shall be for
the same purpose and be subject to the same conditions as those
applicable to the bond required by =his section. The determination
of =he value of an alternative form of security shall be made by
the appropriate state,
subdivision.
county, city, or other political
PublicConst. Bond
8/25/93
HOLD HARMLESS AND INDEMNITY CLAUSE
· in consideration of Ten Dollars ($10.00), receipt and
~ufficiency of which is accepted through the signing of this document by an authorized party
or agent shall hold harmless and defend the City of Bovnton Beach and its agents and
employees from all suits and actions, including attorney fe~s and all costs of litigation and
judgements of every name and description arising out of or incidental to the performance of
this contract or work performed thereunder.
This provision shall also pertain to any claims brought against the City by any employee of
the named Contractor, and sub-contractor, or anyone directly or indirectly employed by any
of them.
The Contractor's obligation under this provision shall not be Iimited in any way by the
agreed upon contract or the Contractor's limit of or lack of sufficient insurance provision.
Note: The $10.00 indicated above is considered to be the first
$10.00 of any amount of money received by the successful
bidder, due to work performed by the City. An additional/
separate $I0.00 is not required.
HH- 1
Exhibit A
INSURANCE REOUIREMENT$ FOR CONTRACTOR£
BIDDERS' ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGI-LLY
RECOMMENDED THAT BIDDERS CONFER WITH THEIR RE~RPECTIVE INSURANCE CARRIERS OR
BROKERS TO DETERMINE IN ADVANCE OF BID SUBMISSION THE AVAILABILITY OF INSLrRANCE
CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN APPARENT
~OW BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT
IDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT.
,Z u'ua~t:~ tu property wmca may arise trom or in connection with the.performance of the work hereunder I~v th~
~on~tractor, hi.s, a~. ~ts, representative~, employees or subcontractors. The cost of such insurance shall be included in
me tcontractor s b~d.
A. MINIMUM SCOPE OF INSURANCE
Coverage sLall be at least .ag~br0~ds'~: ~:
Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00011185)
or Insurance Services Office form number GL 0002 (EA. 1/73) covering Comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile
Liability, code 1 ' any auto'.
Workers' Compensation and Employers Liability insurance covering all employees meeting applicable
State of Florida arid federal laws. '
MINIMUM LIMITS OF INSURANCE
Comractor shall maintain limks no less than:
1. General Liability: $1.000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: $1,000.00o
property damage.
combined single limit per accident for bodily injury and
3. Workers' Compensation and Employers Liability:
Coverage A:
Coverage B:
Workers' Compensation - Statutory
Employers' Liability -$100,000 Each Accident
- $100,000 Each Disease
- $500,000 Aggregate by Disease
Page I of 3
Exhibit A
Endorsements: Other States Insurance
Voluntary Compensation
Longshore and Harbor Workers' Compensation Act
(if applicable)
C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
my deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
~ither, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials; employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses.
D. OTHER INSURANCE PROWS'IONS
The policies are m contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability (~overag~
The City, its officers, officials, employees and volunteers are to be covered as insureds as
respect: liability arising out of activities performed by or on behalf of the Contractor,
including the City's general supervision of the Contractor; products and completed operations
of the Contractor; premises owned, occupied or used by the Contractor; or automobiles
owned, leased, hired or borrowed'by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to'the City, its officers, officials, employees or
volunteers.
The Contractor's insurance coverage shall be primary insurance as respects the City, its
officers, officials, employees or volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
Co
Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
d=
The Contractor's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limit of liability of the policy.
2. Workers' Comoen.natlon and Emoloyers Liability Cov~r,ae."
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials,
employees and volunteers for losses arising from work performed by the Contractor for the City.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30)
days prior written notice by certified mail, return receipt requested, has been given to the City.
Page 2 of 3
Exhibit A
ACCEPTABILITY OF INSURERS
Insurance placed with standard insurers requires a Best's rating of the insurer of no less than A:VII. Insurance
placed through a self insurance pool requires that the most current financial statement of the pool be provided to the
City for the City's review and determination of acceptance.
F. VERIFICATION OF COVERAGE
'.ontraetor shall furnish the City with certificates of insurance and with original endorsements effecting coverage
~.~quffed by this clause. The certificates and endorsements for each insurance policy are to be signed by a persou
authorized by that insurer to bind coverage on its behalf. The certificates an~ endorsements are to be on forms
provided by the City, unless waived by t~e City. Where by statute, the City s workers' compensation-related forms
cannot be used~ equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and
endorsements are to be received and approved by the City before work commences. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
Page 3 of 3
GENERAL LIABILITY ENDORSEMENTS
("the City")
Form D
ATTN:
A. POLICY INFORMATION
Endorsement #
I. Insurer ; Policy Number
2. Policy Term (From) (To). ; Endorsement Effecti~;e Date
3. Named Insured
4. Limit of Liability Any One Occu,~cedAggregate $. /
General Liability Aggregat~ (check one):
Applies 'per location/project' Is twice the occurrence limit
5. Deductible or Self-Insured Retention (Nil unless otherwise specified):$
6. Coverage is equivalent to (check one):
__ Comprehensive General Liabili~ form GL0002 (FA. 1/73)
Commercial General Liability 'occurrence' form CG0001 1185
Commercial General Liability 'claims-made' form GC0002 0286
7. Bodily Injury and Property Damage Coverage is (check one):
'occurrence' . 'clairrt~ made'
If claims-mede, th~ retroactive date is
Note: The City's standard insurance requirements specify 'occurrence' coverage.
'Claims-made' coverage requires special approval. If commercial general liability form or equivalent is
used, the general aggregate must apply separately to this loeauiordproject or the general aggregate must be twice the
occurrence limit.
B. POLICY AMENDMENTS
Ms endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the
flicy to whir. Ii this endorsement is attached or any otherendorsement attached thereto, it is agreed as follows:
1. INSURED. The City, its elected or appointed officers, officials, employees and volunteers are
included as insureds with regard to damages and defense of claims arising from: (a) activities
performed by or on behalf of the Named Insured, including the City's general supervision of the
Named Insured, (b) products and completed operations of the Named Insured, or (¢) premises owned,
leased or used by the Named Insured.
CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for
or on behalf of the City; or Co) products sold by the Named Insured to the City; or (c) premises
leased by the Named Insured from the City, the insurance afforded by this policy shall be primary
insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or
stand in an unbroken chain of ~overage excess of the Named insured's scheduled underlying primary
coverage. In either event, any other insurance maintained by the. City, its elected or appointed
officers, officials, employees or.volunteers shall be in excess of this insurance and shall not contribute
with it.
Page 1 of 2
Form D
SCOPE OF COVERAGE. This policy, if primary, affords coverage at least ~s broad az:
O)
Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability
Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive
General Liability endorsemem; or
(2)
Insurance Services Office Commercial General Liability Coverage, "occurrence' form CG
0001 or 'claims-made' form CG 0002; or
0)
If excess, affords coverage which is at lea~ az broad az the primary insurance forms
referencad in the preceding sections (1) and (2).
SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each
insured who is seeking coverage or against whom a claim is made or a suit is brought, except with
respect to the limit of liability to the policy.
PROVISIONS REG~ING THE INSURk'~,S DUTIES AFTER ACCIDENT OR LOSS. Any
failure to comply with reporting provisions of the policy shall not affect coverage provided to the
City, its elec~ted or appointed officers, officials, employees or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided,
cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail remm receil~ requested has been given to the City. Such notice shall be addressed az
shown in the heading of this endorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
incidems and claims are to be reported to the insurer at:
ATTN:
(Title) (Department)
(Company)
I,
bind
(Street Address)
( )
(City) (State) (Zip Code) (Telephone Number)
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
do so bind this organization.
(print/type name), warrant that I have authority to
(insuring organization) and by my signature hereon
Organization:
ADDRESS:
SIGNATURE OF AUTHOPdz.~D REPRESENTATIVE OF INSURER(original
sigaamre required on endorsement furnished to the City)
TITLE:
TELEPHONE: ( )
Page 2 of 2
AUTOMOBILE LIABILITY ENDORSEMENTS
("the City")
Form E
A'I'rN:
A. POLICY INFORMATION
Endorsement #
1. Insurer ; Policy Number
2. Policy Term (From) (To) ; Endorsement Effective Date
3. Named Insured
4. Limit of Liability Any One Occurrence/Aggregate $ /
5. Deductible or Self-Insured Retention (Nil unless otherwise specified):$.
B. POLICY AMENDMEN'I~
This endorsement is issued in consideration of the policy premium. Notwithstanding any
inconsistent statement in the policy to which this endorsement is attached or any other
endorsement attached thereto, it is agreed as follows:
INSURED. The City of Boynton Beach, Florida, its elected or appointed officers, officials,
employees and volunteers are included as insureds with regard to damages and defense of claims
arising from: the ownership, operation, maintenance, use, loading or unloading of any aut~ owned,
leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the
Named Insured or a combination of the Named Insured and the City, its elected or appointed officers,
officials, employees or volunteers.
CONTRIBUTION NOT REQLHlZk'~. As respects work performed by the Named Insured for or on
behalf oft. he City of Boynton Beach, Florida, the insurance afforded by this policy shall: (a) be
primary insurance as respects the City, its elected or appointed officers, officials, employees or
volunteers; or (b) stand in a unbroken chain of coverage excess of the Named Insured's primary
coverage. In either event, any other insurance maintained by the City, its elected or appointed
officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute
with it.
SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as
broad as:
(1)
Insurance Services Office Business Auto Coverage form number CA 0001 0t87
(FA. 1985), liability coverage Code I (any auto).
(2)
If excess, affords coverage which is at least as broad as the primary
insurance forms referenced in the preceding section (I).
SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each
insured who is seeking coverage or against whom a claim is made or a suit is brought, except with
respect to the City's limit of liabilityof the policy.
Page I of 2
Form E
PROVISIONS REGARDING THE INSURi~'S DUTIES AI~FER ACCIDENT OR LOSS. Any
failure to comply with reporting provisions of the policy shall not affect coverage provided to the
City, its elected or appointed officers, officials, employees or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided,
cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail return receipt requested has been given to the City. Such notice shall be addressed as
shown in the heading of this e~dorsement.
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claim~ are to be reported to the insurer ar:
ATTN:
(Title) (Department)
(Company)
(Street Address)
(City) (Stat~)
( )
(Telephone Number)
(Zip Code)
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER
organization.
(Prim/type name), warrant that I have authority to bind
Cmsuring organization) and by my signature hereon do so bind this
SIGNATURE OF AUTHORIZED REPRESENTATIVE OF INSURER
(original signature required on endorsement fiirnished
to the City)
ORGANIZATION:
ADDRESS:
TELEPHONE:( ).
Page 2 of 2
P.O. ~x 310
A~.n: p~t. of Risk
Only
~ ce.~cifies ~o ~b~ City ~f ~ B~ac~, Florida, r~at ~ follo~ d~cribed polici~ bm'~e ~ i~su~d ~o
· Add~r~s
l~scr~pcic~ of oper&r_ions/loca~on~lproduc~ ~ (~' con~rac-~ ~m8 and/or n~be~, ~ any):
(Nam of insu.-tF)
(Nam of
B~L~inOSS ~
(llmo Of InSUre')
Uubr~lla Liabili~y
~lc}~rs Liabili~y $
per lri-o~e~/loca~io~ S
I
I
I
Cc~rcial ~ Liabili~y I
Single L.W~C $
r
Paso 1 of '~
l
Cx~my of ~-'~kar~e~c ~
Pag~ 2 o~ 2