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R99-134RESOLUTION NO. R99-/~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 082-2511-99/SP) TO THERMA SEAL ROOFS, INC., FOR PISTOL RANGE ROOF REPAIRS, IN THE AMOUNT OF $14,478.00; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND THERMA SEAL ROOFS, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on September 1, 1999, by the Purchasing Division and Therma Seal Roofs, Inc., was selected as the most complete and responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE cI'rY 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 pistol range roof repairs to Therma Seal Roofs, Inc., in the amount of $14,478.00 and authorizes the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Therma Seal Roofs, Inc., a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. 1999. PASSED AND ADOPTED this /..~' day of CITY BOYNT_N B~C~ FLORI~DA ay°rx / ~ Vi~e Mayor Commissioner CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 1999, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and THERMA SEAL ROOFS, INC. a Florida Corporation (__) a Florida General Partnership ( ) a Florida Limited Parmership ( ) 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 desbribed, and said Commission having canvassed said bids, had determined that the bid in the total mount of fourteen thousand four hundred seventw eight and 00/100 dollars submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated September 1, 1999, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: Bid Number: PISTOL RANGE ROOF REPAIRS LOCATED AT: 3501 N. CONGRESS AVENUE, BOYNTON BEACH, FLORIDA 082-2511-99/SP City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling $14.478.00. c-1 RESOLUTION NO. R99- A RESOLUTION OF THE C~q'Y COMMISSION OF THE CTTY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 082-2511-99/SP) TO THERMA SEAL ROOFS, INC., FOR PISTOL RANGE ROOF REPAIRS, IN THE AMOUNT OF $14,478.00; AUTHORIZING AND DIRE(,~tNG THE MAYOR AND C~q-Y CLERK TO EXECUTE A CONTRACT BETWEEN THE C~TY OF BOYNTON BEACH AND THERMA SEAL ROOFS, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on September 1, 1999, by the Purchasing Division and Therma Seal Roofs, Inc., was selected as the most complete and responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE z'r RESOLVED BY THE CZI'Y CO[4f4Zss'roN OF ]'HE CZI"Y OF BOYNTON BEACH, FLORZDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Flodda, ~ereby approves the award of a bid for pistol range roof repairs to Therma Seal Roofs, Inc., in the amount of $14,478.00 and authorizes the Hayor and City Clerk to execute an Agreement between the City of Boynton Beach and Therma Seal Roofs, Inc., a copy of which is attached herete as Exhibit "A". Section 2. That this Resolution shall become effective immediately, 1999. PASSED AND ADOPTED this day of , crrY OF BOYNTON BEACH, FLOP~DA Mayor Vice Mayor Mayor Pro Tern Commissioner Commissioner City Clerk 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 All the work and labor performed under this contract shall be performed, and all of the material fmuished 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 reqm'rement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of' the 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 City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 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. 2.5 TO comply with the provisions of Section 255.05, 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 supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, tempotary structures, tools and equipment from streets, alleys, parkways and adjacent propcuay 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 the 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 City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. c-2 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 City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is 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 structure in anyway connected with the'performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not 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. All settlement, defects or damage upon any part of the work 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 at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written '2qotice to Proceed" of the CITY and to fully complete the project within 60 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 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 herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default 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. c-3 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 work, and for such others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $250.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 60 calendar days from the commencement date to be indicated in the written "Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, ~valks, bridges, guard rails 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 the 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 excavations, 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 incurred 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. 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., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials 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 shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departraents, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemuify 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. C-4 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees fi.om against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, 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 act, omission, or defauk 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 this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 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 Attachment "_A' herein. 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. 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 currant 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 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. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All 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. 8.3 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 Contract: C-5 8.4 8.3.1 Any change order has to be r~6mmended 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 the 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 furore claim for 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 regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments 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 Contract. 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 apphcable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) 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 ifa 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. c-6 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 pnnciples. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'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. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) pement of direct labor costs. 8.4.3.5 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. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 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 dally, 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 the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. C-7 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 current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that 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 Bill DeBeck, Facilities Manager. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the 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 tins 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 shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enfome 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 connected herewith, and whenever any of the work 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 Attachment "A". 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 with 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 requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend 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. C-8 11.0 GUARANTEE AND WARRANTIES 11.1 All 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 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 Iris 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 accordance 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, 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 judgment of the City Manager, ensure the satisfactory performance of the work, the City Comrmssion and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event 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 to the possession of the ground and shall forfeit his contract. Upon such termination , the City Manager shall pyovide 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: 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 cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may 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 Inasmuch 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 improvexnent 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 agents or employees, by the act or omission of ashy other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR 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. 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 All 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. c-10 IN WITNESS WHEREOF, the CITY has caused these presems to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence 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 wimessed in the presence off Contractor President or the Vice President Attest as to Contractor C-Il State of Florida County of Palm Beach ) ) SSi 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: 11/15/96 nc C-12 Al iACHMENi A CiO, of Boynton Beach Risk Managemen! Departmen! INSURANCE ADVISORY FORM Under the terms and conditions of ali contracts, leases, and agreements, the City requires appropriate coverages listing the CiD, of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional lnsured as respect to liability." (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of D'pes of insurance required of contractors, lessees, etc., and the limits required by the CID': (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners &. Contractor's Prot. PersonaI& Adv. Injury $1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) · $ 5,000.00 Pollution Liability Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Con~ractual Independent Contractors Broad Form Property Damage Fire Legal Liability Builder's Risk (Limits based on Project Cost) Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non-Owned Autos PIP Basic Intermodal Combined Single Limit $1,000,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident) to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Garage Liability Auto Only, Each Accident $ t,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Fom~ Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ I00,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Other - As Risk Identified to be determined INq U RAN('EA DVISORYFORM02 Revised 06/97 TO: VIA: FROM: DATE: SUBJECT: Memorandum No. 99-108 Lana Koester, Purchasing Agent Chris Roberts, Interim Public Works Director Bill DeBeck, Facilities Manager September 16, 1999 Pistol Range Bid #082-2511-99/SP Please award the contract for Bid g082-2511-99/SP for the Pistol Range Roof Repairs to the low bidder, THERMA SEAL ROOFS INC, for their bid amount of $14,478. Their bid includes the specified materials and a five-year warranty. Upon Commission Approval we will follow up with a requisition. BDB/pl Copy: Dale Sugerman, Assistant City Manager Marshall Gage, Police Chief Chuck Magazine, Risk Manager ~0 0 Om H~ ~ mz ~ Zi Z ~ I ~ 0 ~0 > ~Z ~ ~ Z 0 z~O~O Z~ m m m < m ~ m~ mO~~ Z 0 m ~ z m~o Z Z Z Z Z Z ~ Z~ ~00 N~ZZ ITl ~ZZ ~m~ m rtl Z o Z o ~----~ ~Z ITl Z m 0 Z 0 ~=~ ~ o ~1'~ The City of Boynton Beach D Y NT Procurement Services 100 E. Boynton Beach Boulevard 0 4 '' , - P.O.Box310 (� - il m Boynton Beach, Florida 33425 -0310 �� V :-- " y 7 Telephone No: (561) 742 -6320 . : FAX: (561) 742 -6306 January 13, 2000 THERMA SEAL ROOFS, INC. 1333 53 STREET W. PALM BEACH, FL 33407 ATTN: KAREN DIEDRICK RE: PISTOL RANGE ROOF REPAIRS BOYNTON BEACH, FL BID #082 - 2511 -99 /SP Dear Representative: We are in receipt of the following documents: • Insurance Requirements • Executed Contract • Notice to Proceed Enclosed you will find a copy of the executed contract along with our Purchase Order #1139 If you have any questions, please call this office at (561) 742 -6322. Sincerely, ' ,.. 2' .- ,_, , Bill Atkins Deputy Finance Director ktr Enclosures Copy of executed contract, P 0 #1139 c Bill De Beck — facilities Management Central File File Amy, sca's Gateway to the Gulfstreau, ell / 11 / •Lt3N1:7 11: 46 56137%213 BOYN L1N EACIL'TIES PAGE Q2 The Ci y of itynton Beach Y N z ^ .Propai+v�wr.. Sa•9ww IN ,Eq.Kw. Ileack Dawtc vs+d P.O. %r ors1n Sryrr •w same, nortia.U4ss•a3Jo 1 Td. 4ei C 1W: (56I) t4.2-633V t 7 FAX 040) 76=-8304 NOTICE TO PROCEED TO: THERMA SEAL ROOFS, INC. DATE: DECEMBER 23. 1999 1333 53" STRIMT W. PALM BEACH, FL 33407 AT'TN: KAREN DIEDRICK PROTECT` J OL MN ROOF R��PA .rmr CAMERON B YNTOti Bl? A M F .rnt mA BID #: 082.125 11-99/SP You shall cake WORK in accordance with the Agreement dated: Qck ber 19.1999 on or befree ,January +4, 20P0 and you are to oomplctci the WORD within 60 CALENDAR DAYS thereafter. The date of completion of ail WORK is therefore: haugh1.202. The Contractor's point of source for all activity relating to this project will be: ;)7 +'k • i '' :1 t ' _ :1 ei. 1,6+ _ lt a • ' MI t' i41: j . trfrdeLEAKILITIES MANAGER _ ital:ug: (Si) Man CITY OIL BOYNTON BEACH Bill Ate, Deputy Ffh nee Director ACCEPTANCE OF NOTICE • • ' ;, of the above NOTICE TO PROCEED is hereby acknowledged by; /04 4 /C/ - Date: - ©v Print N Siguat ise: .�` IAE 'rills: de&- ?ea 43:3 c. User, • Content File rev America's Gateway to sera Gut/0 mm , . . CONTRACT THIS AGREEMENT, made and entered into this Cr_ day of l-.!1 °` , A D. 1999, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Honda, hereinafter called the "City" and THERMA SEAL ROOFS, INC. a Florida Corporation Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Propnetor ( ) hereinafter called "CONTRACTOR" WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for tlic, peiiui'iiiaiice of work aria supplying matenals, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of fourteen thousand four hundred seventy eight and 00 /100 dollars submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows 1.0 AGREEMENT 1 1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated September 1, 1999, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for. Bid Title PISTOL RANGE ROOF REPAIRS LOCATED AT 3501 N CONGRESS AVENUE, BOYNTON BEACH, FLORIDA Bid Number 082- 2511 -99 /SP City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices /or lump sum prices as specified in CONTRACTOR'S bid totaling $14,478.00 c-1 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 All the work and labor performed under this contract shall be performed, and all of the matenal furnished shall be, in stnct 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. 2 3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first- class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Engineer of the 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 City Engineer of the said City, and in stnct obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth 2 4 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 wntten notice 2 5 To comply with the provisions of Section 255 05, 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 supplied by CITY 2 7 The CONTRACTOR shall remove and clean up all rubbish, debns, 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 the 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 City Engineer Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY C -2 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 City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents When the City Engineer is 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 "authonty 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 2,' of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not 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. All settlement, defects or damage upon any part of the work 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 at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT 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 60 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 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 herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other documents for each and every calendar day that the CONTRACTOR shall be in default 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 C -3 1 ? CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in venting of names of subcontractors proposed for principal parts of work, and for such others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit 4.0 LIQUIDATED DAMAGES 4 1 The CONTRACTOR further agrees to pay $250.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 60 calendar days from the commencement date to be indicated in the wntten "Notice to Proceed" 5.0 PROTECTION OF EXISTING FACILITIES 5 1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and otliei 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 the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus matenal; also all pumping bailing draining or unwatenng of all excavations, 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 incurred 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. 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., both above and below ground, at or near the site or sites of the work being perfoiined under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and matenals in connection therewith The CONTRACTOR shall give reasonable wntten 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 shall 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 The CONTRACTOR shall indemnify and save haiiiiless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature ansing out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement C -4 6 2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, 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 act, 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 this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said prop 1sion shall be in compliance with Florida Statute 725.06 6 3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with Lh foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. 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. 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 specifications 8.0 CHANGES IN THE WORK 8 1 The CITY, without invalidating the Contract, may order extra work or make changes by altenng, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the onginal Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8 2 All 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 8 3 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 Contract C -5 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 the work without making a claim in writing for unforeseen extra work he encounters, it will he construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for 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 wntten Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authonzation will be signed by the Mayor 8 3.'1 Changes in the work directed in writing by the Li Y '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 involving claims to the CITY for additional work, credits, and/or adjustments 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 prepanng a Change Order to the Contract. 8 4 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 (15) percent of the onginal bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit pace shall be subject to review to determine if a new unit pnce 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, matenals, 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 C -6 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pncing 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, accumulation and segregation of allowable and unallowable Change Order costs 8 4 3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost pnnciples which must be used for the determination and allowability of costs under grant 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8 4 3.5 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, fnnge benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8 4.3.7 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 authonzed work, the CONTRACTOR shall receive payment based on the agreed rental pnce 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 appropnate 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 the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. C -7 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 current contract payment for the month in which the work was done No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the clams presented at the time of the first estimate after the work is completed 9.0 PROJECT ENGINEER 9 1 The project engineer shall be Bill DeBeck, Facilities Manager 9 2 The Engineer shall have general super ision and direction of the work The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authonty 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 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 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 operations connected herewith, and whenever any of the work 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 Attachment "A" 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 with 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 requirements of this Code as they pertain to prevention of noise No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend 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 C -8 11.0 GUARANTEE AND WARRANTIES 11 1 All 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 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 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 unnecessanly 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 accordance with the terms of the cuutiact, 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, 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, pnor to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure 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 event 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 to the possession of the ground and shall forfeit his contract. Upon such termination , the City Manager shall provide the Surety with wntten 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. 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 cost of completion less the balance of the contract pnce; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof The term "balance of the contract pnce ", as used in this paragraph, shall mean the total amount payable ' CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. C -9 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 Inasmuch 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 predeteuuined program, all such time limits are of the essence of the contract r'EMEDY FOR DELAY 15 1 In the event of any delay in the project caused by any 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 matenals, the sole remedy available to CONTRACTOR 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. 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 All 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 c -10 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of (L2 i , yZ (- ;',:i cA, Al.,14 i /.L. 1 . / i Mayor \ \\ � ���` -c c ' - ` c i O •`J fittest Approved as to Fowl = ° L ---- ,(„) c.9.5-, � - '2 Kul /: O --?.. „,-.... ..... .......- ,./z , 'JG x-/... ��;Y/4i_e_ �r//111111111111��\ City Clerk City Attorney Signed, sealed and witnessed Contractor - in the presence of '% / / 6 - ,e4 -fib ,_� '' O 7-,-_-s --L .. c • i ,.. __ ,,, .....- Press e" t or th, Vice Press • - t t: t as to Contractor c -11 State of Flonda ) ) ss County of Palm Beach ) Personally appeared before me duly authonzed to administer oaths _-�-- "°i �. (_!'f t!'" q. ((fir) to me known to be the persons descnbed herein and who executed the foregoing instrument and have acknowledged before me and they have executed same tii :1: RUTH ANN KITCHEN ' MY COMMISSION # CC 777980 1 `. EXPIRES: September 24, 2002 �. .2 , '''t •, Rf V bonded ihru Notary Public Underwriters ! A, yt i J , Notary Public My Commission Expires: 11/15796 nc C -1 A Citl! of Boynton Beach Risk Management 1)epartmenl INSURANCE, ADVISORY FORM Under the terms and conditions of all contracts 'case and agreements the Cite' requires appropriate coverages listing the C ity of Boynton Beach as Additional insured 1 is done by providing a Certificate of insurance listing the Cats as "Certificate Holder" and "The City of Boynton Rea,h is Additional Insured as respect to Lability " i's'( /it -in insin an/ c onu 001 or hinder our) he accei'!0 1 us pr oof of i if Ce r!V I, ate is pr ovidc'd upon sc'IPction of vendor ) 1 he following is a list of t) lies of insurance required of contractors, lessees, etc , and the limits required by the Cris (NOTE This list is Hui all inclusive, and the City reserves the right to require additional types of insurance, or to raise or loss et the stated limits, based upon identified rrsh.) T\'PE ( Occurrence Based Only) MINIMUM LIMITS REQUIRED (;cncial f (ability General Aggregate 5 1,000,000 00 Commercial C,cneial l Products- Comp'Op Agg 5 1,000,000 00 Comers & Contiacior's Prot Personal & Adv In)un 5 1 000,000 00 1 iquor 1 iahi1it) 1 ach Occurrence 5 1,000,000 00 Professional Liabilii Ere Damage (any one fire) 5 50,000 00 Employees & Officers ' ".ed E.po, ,c (any Jac pe, s in) .fl ;,000 00 Pollution Liability Asbestos Abatement Lead Paint Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Builder's Risk (Limits based on Project Cost) Automobile Liability Combined Single Limit 5 1,000,000 00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange S 50,000 00 Non -Owned Autos PIP Basic Inter Garage Liability Auto Only, Each Accident 5 1,000,000 00 Any Auto Other Than Auto Only 5 100,000 00 Garage Keepers 1 lability Each Accident 5 1,000,000 00 Aggregate 5 1,000,000 00 I vice 1 iahilit) Each Occurrence to be determined 1 inihrc Ina 1 onii Aggregate to be determined Worker s C ompcnsali,in StdintolV' I miff 1 rnploycr Mach Accident ' S, 10(1 000 00 Disease, Pohcv Limit 5 500,000 00 Disease Each Employee 5 100 000 00 Other As Risk Identified to be determined INSURArst(1AUVt"a)RYI \402 sn(,1 MO))