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R99-125 {.. .. RESOLUTION NO. R99-/.A'6"" A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 077-2710-99/SP) TO FAST-DRY CORP., FOR CONSTRUCTION OF A SINGLE, REGULATION STADIUM FAST DRI AQUABLEND TENNIS COURi, WITH IRRIGATION SYSTEM, IN THE AMOUNT OF $29,900.00; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND FAST-DRY, CORP., IN THE AMOUNT OF $29,900.00, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on August 5, 1999, by the Purchasing Division and Fast-Dry Corp., was selected as the most complete and responsive bidder who met and exceeded all specifications; 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 construction of a Single, Regulation Stadium Fast Dri Aquablend Tennis Court, 70' x 130', with a Hydrogrid Sub- Surface Irrigation System over an existing asphalt tennis court at the Boynton Beach Tennis Center, , and authorizes the Mayor and City Clerk to execute an greement between the City of Boynton Beach and Fast-Dry Corp., a copy of hich is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. r r , - ",,-P I i ~ PASSED AND ADOPTED this dtl day of ~1"7E:m~~ 1999. CITY 0 BOYNT~E H, FLORIDA M Yo~</ ViCl{Mayor ~~~ Mayor Pro Tem ~~ ~A~ H7 Commissioner ~_ ATTEST: Ci Clerk ~\\\\l\lll/I/fllll ~,\\ a~!~ III/,< (C<@.Q~~~}OA ~!::/~G ~)\~~ s:Re'gq\Bid Awa~\P~~Dri -.. .. (')- % \.192(' J ~ i ~ .... v/ ~ ~..<;: ...."u.... ~ %1/ ORID~ ~# 11111//lfll\\I\\\\~ Qf /ter" CONTRACT THIS AGREEMENT, made and entered into this 4th day of October , A.D. 1999, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and FAST-DRY CORP. a Flonda 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 the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of TWENTY NINE THOUSAND NINE HUNDRED DOLLARS AND 00 /100 CENTS 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 August 5, 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: "RESURFACING OF AN ASPHALT TENNIS COURT TO A SINGLE, REGULATION STADIUM FAST DRI AQUABLEND TENNIS COURT WITH IRRIGATION SYSTEM" Bid Number: 077 - 2710 -99 /SP Project Number: 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 $29,900.00 C -1 2.0 SCOPE OF SERVICES 2 1 CONTRACTOR further agrees to furnish all matenals, 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 pnnted 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 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. 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 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, 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. C -2 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. 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 "Notice to Proceed" of the CITY and to fully complete the project within 60 days following the commencement date as specified in same. C -3 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. 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 Aixfr 3) ' 4.1 The CONTRACTOR further agrees to pay $250.00 r 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, walks, 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. C -4 5 2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., 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 matenals 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, 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 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. 6.2 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 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. C -5 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 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: 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 be 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 authonty 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. C -6 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 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 paces 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, 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) percent of direct labor costs. C -7 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 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. 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 Bob Howell, Tennis Professional 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 wntten authonty. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract C -8 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 dunng 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. 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. C -9 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 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 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 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. c -lo 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 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 any 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 -11 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: 1/ i 7 "��- . , /.. / Mayor 0. � Attest ( e Approved as to Form: ' ' PLii , C-■CA.:C cin City Clerk %,f, ����rrl���ilt,� 0 City Attorney Signed, sealed and witnessed Contractor in the presence of: N ' ' ---- .1•-__. -_ . • r- - (24.--L, Press t or the Vice President ' 1111 . 1. 4 11 11A -- ."1111■ , Attest as t ntractor C -12 State of Florida ) ) ss• County of Palm Beach ) Personally appeared before me duly authorized to administer oaths ka ✓l. N 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. 4 Notary b ' 9 �` „ „ MA JO WIW AMSON .. MY COMMISSION M CC 791241 EXPIRES: February 3, 2003 Bonded Thw Nowt Public Underwreers My Commission Expires: • 11/15/96 nc C -13 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires approprtale coverages listing the City 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 Insured as respect to liability " (NOTE An insurance contract or binder May he accepted as proof of insurance rf Certificate is provided upon selection of vendor ) The following is a list of type of insurance required of contractors, lessees, etc , and the limits required by the City (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 Piot Personal & Adv incur, S 1,000,000 00 Liquor Liability Each Occurrence S 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 Pamt 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 $ 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 $ 50,000.00 Non -Owned Autos PIP Basic Intermodal Garage Liability Auto Only, Each Accident S 1,000,000 00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000 00 Aggregate $ 1,000,000 00 E \cess liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employers Liability Each Accident $ 100,000 00 Disease, Policy Limit S 500,000 00 Disease Each Employee S 100,000 00 Other - As Risk identified to be determined INStiRAN( 1 AUVISORYIORMO2 0 vised 06'97 The City of Boynton Beach Procurement Services r : NTOZ 100 E. Boynton Beach Boulevard P.O. Box 310 Q tO Boynton Beach, Florida 33425 -0310 n1 Telephone No: (561) 742 -6320 Y ,e,J 4 I - 7 FAX: (561) 742 -6306 November 5, 1999 FAST -DRY CORP. 1400 N.W. 13 AVENUE POMPANO BEACH, FL 33069 ATTN: STEPHEN N. DETTOR RE: RESURFACING OF AN ASPHALT TENNIS COURT TO A SINGLE REGULATION STADIUM FAST DRI AQUABLEND TENNIS COURT WITH IRRIGATION SYSTEM BID #077 - 2710 -99 /SP Dear Representative: We are in receipt of your insurance requirements, executed contract, and Performance Bond for the above mentioned project. Enclosed are the following items: 5% Bid Bond, Purchase Order #000624, copy of the executed Contract and the Notice To Proceed. Please sign the Notice To Proceed on behalf of your company, keep the original for your records, and return a copy to the City as soon as possible. If you have any questions, please feel free to call me at: (561) 742 -6322. Sincerely, . , , _ ,' �\ 44'- 1 4fC.tt1 L - ' ana M. Ko - er - Purchasing Agent I sp Enclosures 5% Bid Bond, Purchase Order #000624, copy of executed Contract, Notice To Proceed c Bob Howell - fennts Center Central File File America's Gateway to the Gulfstream - FB -9186 [ j( 9/ � 92 PERFORMANCE BOND RECE �,V .f 4 . r)• ARM 7 A ' INSURANCE IOCT 1 Z 1999 9 .). STATE FARM FIRE AND CASUALTY COMPANY PURCHAsiNG OFF';:,: BLOOMINGTON, ILLINOIS , Bond No. FL 98 - 2003 - State Farm Fire and Casualty Company Fidelity and Surety Bond Claims 1 State Farm Plaza Bloomington, IL 61710 -001 KNOW ALL PERSONS BY THESE PRESENTS, That Fast Dry Courts, Inc., 1400 N.W. 13th Ave., Pompano Beach, FL 33609 (hereinafter, "Principal "), as Principal, and STATE FARM FIRE AND CASUALTY COMPANY, a corporation organized under the laws of the State of Illinois, with its Home Office in the City of Bloomington, Illinois (hereinafter, "Surety "), as Surety, are held and firmly bound unto City of Boynton Beach, FL, c/o Purchasing Dept., 100 E. Boynton Beach Blvd., P.O. Box 310, Boynton Beach, FL 33425 -0310 (hereinafter, "Owner" or "Obligee ") in the sum of Twenty Nine Thousand Nine Hundred & 00 /100 Dollars ($ 29, 900.00 ), to the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has entered into a certain written contract dated the day of , with the Owner or Obliged for resurfacing of an asphalt tennis court to a single regulation stadium fast dri aquablend tennis court with irrigation system in accordance with drawings and specifications prepared by which contract is incorporated herein by reference. NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly and faithfully perform said contract, then this obligation to be void; otherwise to remain in full force and effect subject to the following conditions: 1 Whenever the Principal shall be, and declared by Owner to be, in default under said contract, the Owner having fully performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptiy a Complete the contract in accordance with its terms and conditions, or FB -9186 (CONTINUED ON REVERSE SIDE) Printed in U S A (9/92) b Obtain a bid or bids for completing the contract !;, accordance with its terms ind conaitionb determination by the Surety of the lowest responsible bidder or f the Owner elects upon detemmnatio Owner and Surety jointly of the lowest responsible bidder arrange for a contract between the bidder and the Owner, and make available as the work progresses (even though there may be a default or series {o iefaults under the contract arranged under this paragraph) sufficient funds to pay the cost completion ' ess the balance of the contract price, but not exceeding the amount set forth above in the first paragrapr nereo° "Balance of the contract price", as used herein means the total amount payable by Owner to Principal order the contract and any amendments thereto less the amounts properly paid by Owner fin Principal 2 No right of action shall accrue on this bond to or tor tree use of and party other than Owner named neigh weirs executors, administrators or successors 3 No suit or action shall be commenced hereunder after the expiration pit two (2) years following the date on which the Principal ceased work on said contract SIGNED, SEALED AND DATED this Litt, day of ,)ct our.r 1( -) Principal II Aa.. Fast Dry Courts Inc. Witness • By Its / / ✓fit -a - Surety STATE FARM FIRE AND CASUALTY COMPANY By Its Attorney -tn f Resi Avert (/ A claimant, except a laborer, who is not in privity with the contractor shall, before commencing or not later than 45 days after commencing to furnish labor, materials, or supplies for the prosecution of the work, furnish the contractor with a notice that he or she intends to look to the bond for protection. A claimant who is not in privity with the contractor and who has not received payment for his or her labor, materials, or supplies shall deliver to the contractor and to the surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. The notice of nonpayment may be served at any time during the progress of the work or thereafter but not before 45 days after the first furnishing of labor, services, or materials, and not later than 90 days after the final furnishing of the labor, services, or materials by the claimant or, with respect to rental equipment, not later than 90 days after the date that the rental equipment was Last on the job site available for use. No action for the labor, materials or supplies may be instituted against the contractor or the surety unless both notices have been given An action, except for an action exclusively for recovery of retainage, must be instituted against the contractor or the surety on the payment bond or the payment provisions of a combined payment and performance bond within 1 year after the performance of the labor or completion of delivery of the materials or supplies An action exclusively for recovery of retainage must be instituted against the contractor or the surety within 1 year after the performance of the labor or completion of delivery of the materials or supplies, or within 90 days after the contractor's receipt of final payment (or the payment estimate containing the owners final reconciliation of quantities if no further payment is earned and due as a result of deductive adjustments) by the contractor or surety, whichever comes last A claimant may not waive in advance his or her right to bring an action under the bond against the surety In any action brought to enforce a claim against a payment bond under this section, the prevailing party is entitled to recover a reasonable fee for the services of his or her attorney for trial and appeal or for arbitration, in an amount to be determined by the court, which fee must be taxed as part of the prevailing party's costs, as allov,ed in equitable actions In no event will the Surety be liable in the aggregate to claimants for more than the penal sum of this Payment Bond, regardless of the number of suits that may be filed by claimants Power of Attorney STATE FARM FIRE AND CASUALTY COMPANY, , : C !'GALL PERSONS BY THESE PRESENTS: That STATE;.FARM.FIRE AlIDGG,Srt�At l.,• PAP, : /yam;' 1 ,1,4t 5; ,:z ¢ • a =3 g k € a pe cffi " Oloomington, •Tllinois, does hereby constitute. and appoint:= John: C: *it e�rsi�r 4eztie k ,' 1 an »Thana< 'Ca' bell, Pamela Chance for,. Ruth .Davis,` Julie " Freed, John Gibn . so tats the t. t• -;? A fjpiaro ,;:,� t tR h raid John R. Horton'°O t la Johnson ° a Johnson 'Susan` : J©'tiiisori' Dea r �' m q`Jt "•` ' f 6 i .,t ake;Donna K. fl'Crewiy;=Michael D. O'Donnell, ,James Platt, 'Debra uzan� •:� e _.1titer, 'Kim2Shine, Tammy Slezak, Trudy Spence, Heidi Sevens, Perry Tracy, Jennifer anh ` • . used M.;st{.lia tsn d r' �� _� V �1, a L: nOis `tie` liver for an d onn' is behalf As t are jr yan a11, bonds u l nde � fa k t i rgg eO lOtaer iv • s , f t If : { t�at4 qQ . .: s ; , p' s and Any such obligation in any amp . r This appointment is made under and by the authority of a resolution which was,;,,�se. i f) e Executive Committee of the Board of Directors of State Farm Fire and Casualty Company on the 24th day of July, 1974, as is d..1 a, O }. by the Board of Directors in Article II, Section 6 of the By -Laws of the Company, which resolution is: , Resolved, that the Executive Vice - President or a Vice- President of .i .0.2 is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -in - r. a to on behalf of the Company any bonds, undertakings, ` policies, contracts of indemnity or other writings obligatory in the nature . :),,•.' Mich the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution/k • . y ents by an Attorney -in -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by 4,t) . e x ,' elected officers of the Company Any Attorney -in -Fact, so appointed, may be removed for good cause and the authority so gr. . a •: revoked as specified in the Power of Attorney. Resolved, that the signature of the Executive Vice - Presiden r . 4�resident and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secr- 1, .i• ~ or Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power a y s .).wer or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so ex-.,11 t . .led and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to b- . 111. a r1:y ding on the Company IN WITNESS THEREOF, STATE FARM FIRE AN L Y COMPANY has caused this instrument to be signed by its Vice - President, and its Corporate Seal to be affixed this 22nd day ofy This APPOINTMENT SHALL CEASE AND Ts1;, • 1 �r. UTOMATICALLY AS OF DECEMBER 31, 2001, UNLESS SOONER REVOKED AS PROVIDED. �� E � t� i = .� `` , v, - ••, , , STATE FARM FIRE AND CASUALTY COMPANY Vice- President THIS POWE • 4 'ALID IF GREEN IMPRINTS'ARE NOT PRESENT IN THEIR ENTIRETY :; 'gym , '-,' STATE OF ILLINOIS COUNTY OF McLEAN o On this 22nd day 1998, before me personally came W. Donald Sullivan to me known, who being duly sworn, did depose and say that he is Vice- Presid-1. . 'STATE FARM FIRE AND CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he kno he seal of said corporation; that the seal affixed to said instrument is such Corporate Seal; and that he executed said instrument on behalf of the corporation by authority of his office under the By -Laws of said corporation. "OFFICIAL SEAL" Ruth Davis Q 1 „ 0 Notary Public, State of Illinois /� * `�� My Commission Expires 4/13/02 Notary Public My commission expires April 13, 2002 CERTIFICATE I, the undersigned Vice- President of STATE FARM FIRE AND CASUALTY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and sealed at Bloomington, Illinois Dated this day of 6e 1 ��� /y ' i .t• Oµ ORA n W , f f 1 % nnn • SEA. 4 UN d,n . LLk :LIsi (w I'I 1 C rT TOM\" � \ � -' Vice - President If you have a question concerning the validity of this Power of Attorney, call (309) 766 -1161. FB6 -9043A 23 Printed in U S A (6/99) ACKNOWLEDGEMENT OF SURETY STATE OF ILLINOIS COUNTY OF McLEAN I. Sarah L. Butler, a Notary Public in and for said county in the state aforesaid, do hereby certify that M M j-O Vl n Sorg Attorney -in -Fact of STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, a corporation duly organized and existing under the laws of the State of Illinois, personally known to me to be the same person whose name is subscribed to the foregoing instrument as Attorney -in -Fact of STATE FARM FIRE AND CASUALTY COMPANY, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his and STATE FARM FIRE AND CASUALTY COMPANY's free and voluntary act for the used and purposes therein set forth. Given under my hand and official seal this 1 day of d , 19gg SoAcd\ Notary Public "OFFICIAL SEAL' Sarah L. Butler Notary Public, State of Illinois I,iy Cures mission Expires 5/3/02 The City of Boynton Beach Procurement Services SOY N Tp 100 E. Boynton Beach Boulevard �� '.2 P.O. Box 310 O - Q1 Boynton Beach, Florida 33425 -0310 * Telephone No: (561) 742 -6320 7' s %� FAX: (561) 742 -6306 NOTICE TO PROCEED TO: FAST -DRY CORP. DATE: OCTOBER 21, 1999 1400 N.W. 13 AVENUE POMPANO BEACH, FL 33069 A T TN STEPHEN N. DETTOR PROJECT: RESURFACING OF AN ASPHALT TENNIS COURT TO A SINGLE REGULATION STADIUM FAST DRI AQUABLEND TENNIS COURT WITH IRRIGATION SYSTEM BID #: 077 - 2710 -99 /SP You shall commence WORK in accordance with the Agreement dated: October 4, 1999 on or before December 6, 1999 and you are to complete the WORK within 60 CALENDAR DAYS thereafter. The date of completion of all WORK is therefore: February 4, 2000. The Contractor's point of source for all activity relating to this project will be: Contact Person: BOB HOWELL Department: LEISURE SERVICES/RECREATION Title: TENNIS PROFESSIONAL Telephone: (561) 742 -6575 ITY OF BOYNTON BEACH i ✓L� i' ./i Lana M. Kt ester, j prchasing Agent ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: STe� - ni �E1�CJ� Date: 0 V q 1 Print Name Signet � r Title: - ( :) Q \: c User . .. nt Finance Central File File America's Gateway to the Gulfstream e m '•Y) TO FROM' 1 . .r SUE KRUSE CAROL DOPPLER CITY CLERK PURCHASING — 1ow; -'. Go�riPiPG� I�� c.fs/ 4 E -4, it!zi SUBJECT BIDS 032- 192- 96 /CJD - REMOVAL OF ASBESTOS AT MANGROVE ELENEM'ARY 34,IIOOL WO NO o MESSAGE Attached is the contract for DECON ENVIRONMENTAL, INC. ThiE i3 the awarded vendor for the above mentioned project... Please file accordingly... y _ o Also attached is the "Notice -To- Proceed ". DATE 5/22/96 SIGNED REPLY 1 y OLD FOR NO 9 OLD FOR NO 70 DATE ` b SIGNED 1417 _ _ _ _ _ _ -_- 44- 102 • in 1' at WilsonJoneS® SENDER DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES RECIPIENT RETAIN WHITE COPY, RETURN PINK CO,'Y 41-104 • Du 3d uFU;ate • . • 'The City crf Boynton Beach pY IVT• 100 B. Boynton Beach Boulevard 4' y, P.O. Box 310 O I — W Boynton Beach, Florida 33425 -0310 � City Nall:: (407) 375 -6000 se ‹; ;j► FAX: (407) 375 -6090 MAY 21, 1996 DECON ENVIRONMENTAL & ENGINEERING, INC. 2652 N.W 31ST AVENUE FT. LAUDERDALE, FL 33311 ATTN: ROBERT W. LANE REFERENCE: REMOVAL OF ASBESTOS AT THE MANGROVE ELEMENTARY SCHOOL BID NO.# 032 - 192- 96 /CJD All required documents pertaining to the above project have been received and noted by this office. A signed "Notice -To- Proceed" is in file noting a project completion date of June 19 1996. Enclosed is Purchase Order No. 12059, your company's 5% Bid Bond, and a copy of our contract. Again, we would Tike to thank you for responding to the invitation to submit a proposal on this project. If you should have any questions regarding this project, please direct you concerns to Bill DeBeck, Facilities Manager, (407) 375 -6040. Sincerely, t fi /S / Lana M. Koester , - ` f ,Purchasing Agent cjd " Enclosure: Purchase Order #12059 5% Bid Bond Contract Notice -To- Proceed c: Central File Bill DeBeck - Facilities Manager File 51 rnerica "s Gateway to the culfstream die City of Boynton Beach 100 E. Boynton Beach Boulevard pY N7 0, 0 y P.O. Box310 „ � • M Boynton Beach, Florida 33425 -0310 � City 9Ial!• (407) 375 -6000 ‘< '' 4' FA X: (407) 375 -6090 NOTICE TO PROCEED TO: DECON ENVIRONMENTAL AND ENGINEERING, INC. DATE: MAY 15. 1996 2652 N.W. 31ST AVE. FT. LAUDERDALE, FL 33311 ATTN:LESLEY KENT GILLESPIE PROJECT: REMOVAL OF ASBESTOS AT THE MANGROVE ELEMENTARY SCHOOL BID# 032- 192- 96 /CJD You shall commence WORK in accordance with the Agreement dated: APRIL 16, 1996 on or before MAY 20, 1996 and you are to complete the WORK within 30 consecutive calendar days thereafter. The date of completion of all WORK is therefore: JUNE 19, 1996. The Contractor's point of source for all activity relating to this project will be: Contact Person: BILL DEBECK Department: FACILITIES MANAGEMENT Title:FACILITIES MANAGER Telephone 4(407) 375-6020 CITY OF BOYNTON BEACH City Manager or Designee ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: DATE: 5/ 72-2-, / Print Name � �� >1 , , � „ Title: ( E 2('''''S ' 2E'.S Signature: �c -� - -- f pc: : N File America's Gateway to the Gulfstream A'y' S4t Project # :ATEC PROJECT# 70- 07- 96-80014 CONTRACT THIS AGREEMENT, made and entered into this A4 day of f/ rX /4 , A.D. 19 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter call the "CITY and DECON ENVIRONMENTAL & ENGINEERING, INC. Florida Corporation ( ) Check one a Florida general partnership ( ) a Florida limited partnership ( ) a sole proprietor ( ) 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 the total amount of, EIGHT THOUSAND, ONE HUNDRED AND EIGHTY FOUR DOLLARS AND FIFTY CENTS ($8,184.50). 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 APRIL 8, 1996, 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 REMOVAL OF ASBESTOS AT THE MANGROVE ELEMENTARY SCHOOL - 129 E. OCEAN AVE., BOYNTON BEACH, FL 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 totalling EIGHT THOUSAND, ONE HUNDRED AND EIGHTY FOUR DOLLARS AND 50/100, ($8,184.50). 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 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. 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 details 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 the City Engineer of the said CITY, and in strict obedience with the directions which may be given by the said City Engineer 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 215.19, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be specified by CITY. 2.7 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 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. 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 him -self, 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 structures 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 materials found not meeting the requirements of the specifications hall 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 30 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 provisions hereinbefore set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore in the special conditions or in other contract documents for each and every 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. 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 any 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 aQ 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, 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 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 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 utitlies. 6.0 INDEMNIFICATION 6.1 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. 6.2 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, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kine 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 performacne. The contractor and the City hereby agree and covenant that teh Contractor has incorporated in its 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 provison 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 Article " A" herein. However, the indemnification provision, and the insurance provison 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 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: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the Contractor or any of his subcontractors commence with his work without making a claim in writing for unforseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for such extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY's Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information 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 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 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 allow ability and eligibility of costs proposes. 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, accumulationand 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) 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, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Aong 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 administeringsubcontracts 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 daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the Contractor and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of accepted daily records shall be 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 current 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 ATEC ASSOCIATES. INC. 9.2 The Engineer shall have general supervision and direction of the work. He is the agent of CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the 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 thecontract 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 contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Exhibit "A ". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used on construction equipment shall be equipped with mufflers, as required by the 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, excavating 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 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 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, 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 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 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 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 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 limprovement 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, 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. State of Florida )ss: County of Palm Beach ) Personally appeared before me duly authorized to administer oaths ROBERT W. LANE, VICE PRESIDENT OF DECON ENVIRONMENTAL, & RNGTNRRRTNG, INC 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. D) .0.0 C(; Notary Public My Commission Expires: T1 ( ( D aCe199(f) 1 �c MY COMMISSION t CC 429679 4 ti Bonded flhfbtar Decanter RA 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 presents the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: / 11 May J Attest: A•p o - 1 as o Form: �• /ice_ �� <_ - !- i City Clerk City torney Signed, sealed and witnessed CONTRACTOR DECON ENVIRONMENTAL & ENGINEERING, INC. in the presence of: VT\ ( ROB W. YAW. /441-- v'ce P esident Attest -� to Contractor ‘ p ' , I, 87 __