R99-005RESOLUTION NO. R99-,~.~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD
OF A BID FOR THE SOUTH CONGRESS AVENUE MEDIANS
#27-#S10 LANDSCAPE/IRRIGATION (PHASE #4-1998),
TO SIGA, INC..; AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND SIGA,
INC., IN THE AMOUNT OF $62,594.00; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS`, bids were opened on November 24, 1998, by the Purchasing
Division and SIGA, INC., was selected as the most complete and responsive bidder who
met and exceeded all specifications;
NOW,, THEREFORE`, BE IT RESOLVED BY THE CITY COPlMZSSZON OF
THE CITY OF BOYNTOfl BEACH`, FLORTDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of a bid for the South Congress Avenue Medians #S7-#S10
Landscape/Irrigation (Phase #4- 1998), in the amount of $62,594;00, and authorizes
the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach
and SIGA, Inc., a copy of which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
1999.
Sc~R~ ~\Bid Award - ~I. GA =
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CIT)f~)F BOYNTON BEACH, FJ~pA
//Commissioner
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park PID DRIA
APPLICANT'S AGENT: Eugene A. Gerlica, P.E., Mock, Roos and Associates, Inc.
APPLICANT'S ADDRESS: 5720 Corporate Way, West Palm Beach, Florida 33407-2066
DATE OF HEARING BEFORE CITY COMMISSION: March 2, 1999
TYPE OF RELIEF SOUGHT: Master Plan Modification with amendment to DRI
LOCATION OF PROPERTY: Quantum Corporate Park
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Flodda on the date of headng stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrative staff, or-
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced.in'paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
o
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: _L~/',~?~'
\\CHWIAIN~SHRDATA~Planning~SHARED\WFAPROJECTS~QUANTUMIDRI - M~velop. Order Form.doc
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park PID DRIA
File number: MPMD 98-006 / DRIA 98-003
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None · X
ENGINEERING DMSION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/E~O~TALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The uses proposed for the lots designated for the "Amusement and X
Recreation,' option be unique to the city so as to avoid negative
competitive impacts on existing commercial uses (a theater could be
unique based on additional internal amenities, participation costs, design,
etc.).
Page 2 .
File Name: Quantum Corporate Park - DRI Amendment
File No.: MPMD 98-006 / DRIA 98-003
DEPARTMENTS INCLUDE REJECT
2. To avoid strip or small commercial uses on lots located at the southwest X
comer of Gateway Boulevard .and Park Ridge Boulevard, these lots
(minimizing outparcel(s)) should be developed as a single complex or
consolidated activity center with an emphasis on uses unique to the city,
which would therefore not compete with existing commercial uses
Within the commercial activity center along Congress Avenue. This
limitation excludes the planned Mobil station/convenience store on lot
65-B, and includes uses such as drug store retailers, auto parts or repair,
other convenience stores, copy centers, etc. The use approval process
shall be the means to review future uses for determination of compliance
with this condition.
X
3. "Commercial" options be further reduced on lots within the Quantum
Park PID (the only remaining parcel with the commercial use option is
lot 91, which consists of 6.53 acres at the northeast corner of Gateway
Boulevard and High Ridge Road). The "Commercial" designation
option could be removed, or alternatively, the parcel could be limited to
uses unique to the city's commercial activity center located along
Congress Avenue in the vicinity of the Boynton Beach (including hotels
or similar uses).
X
4. As an additional option to conditions #1 and #2, the apPlicant should
justify, at the site plan stage, commercial use and demand for these
parcels through a corresponding analysis of needs and supply for the
commercial uses proposed at that time. This analysis should not only
include respective marketing information but an analysis of land use
distribution which essentially updates and corrects that data found in the
Comprehensive Plan.
X
5. Finding of non-substantial change by the RPC and state, and satisfying
any conditions from these additional reviewers.
X
6. Remove "office" option from lots 32 through 38, and exclude uses that'
are principally warehouses. The use approval process shall be the means
of reviewing for exceptions.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. The lots designated attraction and amusement be limited to a multi- X
screen movie theater with ancillary uses on site.
ADDITIONAL CITY COMMISSION CONDITIONS
8. NONE X
J:\SHRDATAkPlanning\SHARED\WP~PROJECTS\QUANTUMYDRI - MF'~I ST REVIEW COMMENTS-DRI.doc
Tie City of r�....R `
9 9 -e) 6
Boynton Beach
GYN7 ,\ 100 E. Boynton Beach Boulevard
0r y � P.O. Boo310
4 0 , Bo Beach, ,Florida 33425 - 0310
01 f � City Haft: (561) 375 -6000
, y. AX: (561) 375 -6090
NOTICE TO PROCEED
TO: SIGA, INC. DATE: April 9, 1999
5500 DAVIE ROAD
DAVIE, FL 33314
ATTN: Samuel K. Sigars
President PROJECT: S. CONGRESS AVE.
MEDIANS #S7 - #S10 LANDSCAPE &
IRRIGATION
BID #009 - 2730- 99 /CJD
You shall commence WORK in accordance with the Agreement dated: APRIL 5, 1999 on or
before APRIL 19, 1999, and you are to complete the WORK within 90 CALENDAR DAYS
thereafter.
The date of completion of all WORK is therefore: JULY 18, 1999.
The Contractor's point of source for all activity relating to this project will be:
Contact Person: KEVIN HALLAHAN Department: LEISURE SERVICES /PARKS
Title: FORESTER/ENVIRONMENTALIST Telephone: (561) 742 -6227
CITY OF BC)YNTON BEACH
Lana 1VI. wester, Purchasing Agent
ACCEPTANCE OF NOTICE
Receipt of the abov NOTICE TO PROCEED is hereby acknowledged BY:
J
5 Date: ?—�99
Print Name •
Sign ��_ _ : Title:
Finance
41#rRes= Parks
File
Americas Gateway to the Gulfstream
CONTRACT
THIS AGREEMENT, made and entered into this '6 day of 7 Ord , A D 19
by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the "City" and SIGA, INC.
a Florida Corporation (XJ Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor . (_J
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
SIXTY TWO THOUSAND, FIVE HUNDRED AND NINETY FOUR DOLLARS AND
00 /100 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 NOVEMBER 23, 1998, 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 the SOUTH CONGRESS AVENUE MEDIANS #S7 - #S10
LANDSCAPE /IRRIGATION (PHASE #4 - 1998), 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 ($62,594.00) SIXTY TWO THOUSAND,
FIVE HUNDRED AND NINETY FOUR DOLLARS AND 00 /100.
2.0 SCOPE OF SERVICES
2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment, tools, superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the conditions and
prices as stated in the contract conditions, supplemental general conditions and
special conditions of the contract, plans which include all maps, plats, blueprints,
and other drawings and printed or written explanatory matter thereof as contained
in the bid, contract documents and specifications for the project
2 2 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 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 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 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 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
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 pi olect wiII not be
made until the site is satisfactory to the CITY
2 8 The CONTRACTOR shall at all times observe and comply with the pro\ isions 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 of employee of the CITY,
but the CONTRACTOR, shall be at all times, and in all respects have the rights
and liabilities of an independent contractor.
2A0 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 substituted thereof. 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 90 days following the commencement date as
specified in same.
3 2 Time is the essence of the contract In the event the CONTRACTOR shall fai 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 otlici
documents for each and every calendar day that the CONTRACTOR shall be in
default of completion
1
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
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 90 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 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, departments, owner
or owners for the removal and repl,irement 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 or whatsoever kind or nature arising from 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 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 Article "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 CONJ RACfOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the
specifications.
5
8.0 CIIANGES IN TIIE WORK
8 I The CITY, without i.,‘. alidating the Contract, may order extra work or make
changes by altern . adding to of 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 he 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 appraised of, and
familiar with, the following conditions and procedures governing extra work
under the Contrr ct.
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
enc'unters, it will be construed as an acceptance and agreement by him
tl' any such work is required under the contract and no future claim for
c .,.is 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
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.
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
o
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 f fteen (15)
percent of the original bid quantity and the total dollar change in 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, of
8 4.2 If no such unit prices are set forth, then by a lump sum or other unit prices
mutually agreed upon by the CITY and the CONTRACTOR, or
8.4.3 By cost reimbursement which is the actual cost for labor , direct overhead,
materials, supplies, equipment and other services necessary to complete
the work plus fifteen (15) percent to cover the cost of general overhead
and profit. For all labor and foreman in direct charge of the authorized
operations, the Contractor shall receive the current local rate of wages to
be agreed upon in writing before starting such work, for each hour said
labor and foreman are actually engaged thereon An upper limit of total
cost and of profit shall be agreed upon and shall not be exceeded unless
approved by the CITY.
8.4.3.1 The contractor shall submit sufficient cost and pricing data to
enable the Engineer to determine the necessity and reasonableness
of costs and amounts proposed and the allowability and eligibility
of costs proposed
8.4 3.2 The CONTRACTOR shall have an accounting system which
accounts for such costs in accordance with generally accepted
accounting principles. This system shall provide for the
identification, 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 fi range 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 Among the items considered as general overhead
arc 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 no 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 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 authorized agent on behalf of the Engineer shall be KEVIN
IIALLAHAN, FORESTER/ENVIRONMENTALIST.
9.2 The Engineer shall have general supervision and direction of the work He 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 CI"iY to act, and'in such instances he
shall, upon request, show CONTRACTOR written authority lie has author ity 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
S
10.0 INSURANCE
10.1 The CONTRACTOR shall maintain d'irnng 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 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, non- renewal 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.
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,
piovisions, or covenants of the contracts, plans or specifications, or that he is
Cv cc uting the same in bad faith or otherwise not in accoidance with the terms of
the contract, if the work be not fully completed within the time named foi 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,
insure the satisfactory per formance 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 Suicty 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 teen "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
constriction of a public improvement in accordance with a piedetemuned
program, all such time limits are of the essence of the contra( t
1 u
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 he by extension of the time allocated to complete the project No monetary
damages shall be claimed of awarded to CONTRACTOR in association with any
delay in the project caused by 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.
it
IN WITNESS WHEREOF, the CITY has caused these presence 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 bcloic written
Signed, scaled and witnessed CITY OF BOYNTON BEACH, FLORIDA
rn the presence of
■
ayor
onlinilii,
�,titsir Approved as to Form.
O Pp CED •
) c ))
p :� � erk ' ;`t City Attorney
/ gake sealed and witnessed CONTRACTOR
in the presence of
arb
• A • dratialsoie
Pre • n •r the Vi nt
I
Attest as to Contractor
State of Florida
ss
County o f-P- i -lm- -B di
OR, o w r9 RD
Personally appeared before me duly authorized to administer oaths
5 pgvart C K S /GA S 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
3_ Z
w,ttttiNvsttt' s \-\-- ` m— w.s,N.N -
Notary ublic
Ma:gtoct A. F,e;tr
0 ( p I4t:atry Pt ; • , ;,are y� Fezu.t'0
Canmissiaa No OC 431623 )
of a My Oeuroksion &tea OfTta
My Commission Expires: t a•�b - d+��sn..�a
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