R96-099RESOLUTION NO. R96-~?
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
ACCEPTANCE OF THE $25,000 GRANT AWARD FROM
THE STATE OF FLORIDA, DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
GRANT AGREEMENT FOR THE HISTORIC
PRESERVATION GRANT AWARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Department of State, Division of Historical Resources
("Department"), is responsible for the administration of grant-in-aid assistance for
historic, preservation purposes under the provisions of Section 267.0617, Florida
Statutes; and
WHEREAS, the City of Boynton Beach ("City"), has applied for grant-in-aid
assistance and has been granted a matching grant award in the amount of $25,000
to replace 54 non-historic aluminum awning windows with wood windows at the Historic
Elementary School;
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, does hereby
accept the grant award in the amount of $25,000 from the Department of State, and
authorizes the City Manager to execute the Grant Award Agreement.
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this /~ day of July, 1996.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
'- Vice IV~i'y&r' ~ /
~'Commissioner
Commissioner ~'~
J Commissioner
,/
Historic Preservation Grant Award Agreement
Acquisition and Development Grants - Advanced Payment
Grant No. S7002
This AGREEMENT is between the State of Florida~ Department of state, Division of Historical Resources,
hereinaPter referred to~as the Department, and the City of BoynUm Beseh, hereinafter referred to as the Grantee,
relative to the Boymton Be~ch Elemen~ry School Project, hereinafter referred to as the Project, and is entered
into this day of ,199a, and shall end on June 30, 1997.
Chapte]
administration of grant-in-aid assistance for historic preservation purposes
Florida Statutes. The Grantee has applied for grant-in-aid assistance for
been reviewed and approved in accordance with
Gran~-in-Aid. Subject to the
thousand dollars
md the Grantee agree as
II.
The Project shall include the following authorized project work:
A. Replacement of~4 non-historic aluminum awning windows with wood windows matching the
design of the original units; and
IL Direct project administrative expenses not to exceed 10% of the total Project cost.
The Grantee agrees to administer the Project.in accordance with the General and Special Conditions
Governing Grants and the Adminimativ~ Instmaions for Historic Preservation Project Accountability
attached as Attachment 'A', and Chapter IA-35, Florida Adminisu~ve Code, and the following specific
conditions:
The Grantee agrees to complete the Project by June 30, 1997 and submit the Final Products and
the Final Quarterly Progress Report and Final Quarterly Expenditure Report, as specified in
Attachment *A~, Part H, subparagraph B.l.b and BA.d., within 30 days of completion of project
work. No costs incurred prior to the commencement date of this Agreement are eligible for
payment from grant funds. No costs incurred after the above project work completion date will be
eligible for payment unless specifically authorized by the Department before the cost is incurre~
No costs incurred after the Final Quarterly Expenaiture Report is approved by the Department
are eligible for payment.
The Depamnent and the State of Florida shall not assume any liability for the acts, omissions to
.~..~or of the Grantee, its agents, servants or employees; nor. sh~li the Grantee exclude
for its own acts, omissions to act or negligence to the Depamnent and the State. The
~mntee hereby agrees to be responsible for any injury or property damage resulting from any
~ conducled by ~e Gmtee~
Co
To the extent ~
the Grantee agrees to be responsible for any claims of any
death and property damage, arising out of activities
its agents,~ servants, employees or subcontractors. The
harmless from claims of any nature and
its own expense~ to the extent allowed by Florida law.
The Grantee ~ be responsible for all work performed and all expenses incurred in connection
with the Proje~, The Gran~ ~ subcontract as ~ to perform the services set forth in
this Agreement, including entering into subcontracts with vendors for services and commodities,
provided that such subcontract ~has been approved in writing by thc Department prior to its
execution, and provided that it is understood by thc Grantee that the Department Shall not be
liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that
the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under the subcontract
Ko
Lo
Bills ~ detail sufficient
for: Department for any
approval, the
Grantee
112.061, Florida Statutes.
Agreement
of a state
Florida Statutes, is
,,oods or services which may be provided to it pursuant to this
funds on which this
and the Department has no
· incurred by the termination date. In the event
reduced accordingly.
be in compliance with the Secretary of the Interior's Standards for
creed, color, handicap,
for
O. These grant funds
agency.
Department, the Department shall not
not be used for l~g the Legislature, the Judicial branch or any state
Po
Each grantee, other than a grantee which is a state agency, shall submit to an audit to be
perform, ed in accordance with Section 216.349, Florida Statutes.
The product of the Project must be the original work of the Grantee or its consultants. If the
work of others is used as background information, it shall be appropriately credited to the
originamr.
The Department agrees to pay the Grantee for 50%of the Grantee's total cash expenditures and donated
values, so long as the Grantee's cash expenditures equal or ex__oeed_ theamount of donated values, up to a
maximum payment of twenty-five thousand dollars ($25,000,00) If the donated values exceed the
amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash
expenditures up to a maximum payment of twenty-five thousand dollars ($2~,000.00)
In order for any expenditure to ~ for payment, it must be properly documented, be for work
performed during the term of th~ Agreement, and for a charge whichjs reasonable in amount and directly
related to and necessaxy for the completion of the authorized project wo~ta
The total amount as prescribed above sh~ll be made to the Grantee in four quarterly installments. The
are allotted. Grantees shall
to
receipt and verification
of ail
sole
may, at the
For all project work
compliance
grant
The Department shall review and appmv~ as to:
of the
all proposed
or imposition
Bo
the(
Preservation
other bid documents
of the Project, to
Historic
5urplu~ fumis must'be temporarily invested and the interest earned on such investments shall be returned ~
to the State. The Grantee shall report interest earnings quarterly, and shall remit the total interest earned
at thc emi of the grant period in the form of a check or money order made payable to the Florida ..........
Depamnent of State.
be ineffective to the
nor~
breach or
party;
and employees,
isnot
in the State
this
Florida
the Grantee
Agreement.
another
r as ifit were
XL
involuntary suspension or termination of the
withdraws or
Grantee
grant.
failed to Comply with thc terms and
~he grant after giving the Grantee
' the Grantee)
The notice of
' corrective action
~ return receipt mail to the Grantee.
C0mmitmcnts. No commitments of fUnds incurred by the Grantee during the period of
suspension will be allowed under thc suspended grant, unless the Department expressly
authorizes them in the notice of suspension or an amendment to it. Necessary and
otherwise allowable costs which the Grantee could not reasonably avoid during the
ion period A! be allowed if . ~they result from charges properly incuned by the
befoTM the effective date of the suspension, and not in anticipation of suspension
or termination. At the discretion of the Department, third party contributions applicable
during the suspension period may be allowed in satisfaction of matching share
requirements.
Adjustments to payments. Appropriate adjustments to the payments submitted after the
effective date of suspension under thc suspended grant will be made either by
withholding the payments or by not allowing the Grantee credit for disbursements made
in payment of unauthorized costs incurred during the suspension period.
Department terminates the grant.
days of receipt of such notification by the Grantee.
the Grantee has taken
he
within 30 calendar
Termination. Termination is the cancellation of grant assistance, in whole or in pan, under a
grant or project at any time prior to the date of completion.
Termination for cause. The Department may terminate the grant in whole or in part, at
any time before the date of completion, whenever it is determined that the Grantee has
failed to comply with the terms and conditions of the granL The Depa~hnent will
promptly notify the Grantee in writing of the termination and the reasons for the
termination, together with the effective date. In the event that the funds are not used for
thc propose for which intended by the grant, or if it is later determined that the Project
failed to meet grant qualification requirements, then, at the option of the Department,
any portion of thc grant previously advanced shall be repaid to the Department.
Termination for convenience. The Department or the Grantee may terminate the grant
in whole or in pan when both parties agree that the continuation of the Project would
not produce beneficial re. ts commensurate with the further expenditure of funds. The
two parties will agree upon the termination conditions, including the effective date, and
in the case of partial mmimtions, the portion to be terminate~
Termination by Grantee. The Grantee may unilaterally cancel the grant at any time
prior to the first payment on the grant although the Departmem must be notified in
wfifin~ prior to cancellation. Once initiated, no grant shall be terminated by the
Grantee prior to satisfactory completion without approval of the Department. After the
initial payment, the Project my be terminated, modified, or amended by the Grantee
only by mutual ~agreemeut of the Grantee and the Department. Request for termination
prior to completion must fully detail the reasons for the action and the proposed
dispos/fion of the uncompleted work
Commim~ents. When a grant is terminated, the Grantee will not incur new obligations
for thc terminated portion after the notification of the effective date of termination. The
Grantee will cancel as many outstanding obligations as possible. The Department will
shall
-allow full credit to the Grantee for the Department's share of the noncancelable
Costs incurred a/ter
delivered to the
Department of State, R. A. Gray
~the
all notices
parties. There ar~ no
and this Agreement shall
either Vel~oal or written, between
writing and properly
The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their
signatures:
WITNESSES:
DEPARTMENT OF STATE
GEORGE W. PERCY
Director, Division of
Historical Resources
SUZANNE P. WALKER
Chief, Bureau of Historic Preservation
Division of Historical Resources
CITY OF BOYNTON BEACH
Signature of Authorized Official
Carrie Parker. City Manager
Typed Name and Title of
Authorized Offidal
Boynton Beach
100 E. Boynton Beach Boulevard
P.o. Box310
Boynton Beach, Florida 33425-0310
City Haft: (407) 375-6000
FAX: (407) 375-6090
July 26, 1996
Mr. N. L. Padgett
Garmong & Padgett Sales
1927 Laurel Street
Sarasota, FL 34236
RE: ~~ CONTRACT FOR SERVICES
Dear Mr. Padgett:
Attached please find the above mentioned resolution and contract made between the City of
Boynton Beach and Garrnong & Padgett Sales, Inc. for repair of the Kalwall roof sky units
in City Hall.
Please return to my attention the signed contract as soon as possible.
Thank you.
Sincerely,
THE CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
Attachments
/mas
sxccxwp\ltr
America's Gateway to the Gulfstream
CONTRACT FOR SERVICES
THIS AGREEMENT, made and entered into this . day of
, A.D. 19 , byand between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter called the "CITY" and
Garmong & Padgett Sales Inc.
a Florida Corporation (_X_)
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor (.__)
hereinafter called "CONTRACTOR".
Check one
WITNESSETH
That under the due procedure of law, proposals were heretofore received by the
City Commission of said CITY for the performance of work and supplying materials,
hereinafter described, and said Commission, has determined that the proposal in the total
amount of $11,250.00 (eleven thousand two hundred and fifty dollars) submitted by the
aforementioned CONTRACTOR was the best and most desirable proposal 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 awa.r,d, predicated upon the
proposal of the CONTRACTOR, dated 199_, 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 proposal, contract documents, bond documents, plans and
specifications for the City Hall Kalwall System per the following scope of work: removal and
replacement of six (6) leaking panels, removal of all screws and battens and replacement
of sealing tape, screw gaskets and caulking of all fasteners, battens and horizontal
services, all of which are incorporated herein by reference at such unit prices/or lump sum
prices as specified in CONTRACTOR'S proposal totalling,S11,250.00 (eleven thousand
two hundred and fifty dollars).
2.0 SCOPE OF SERVICES
2.1 The 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 proposal,
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 Project Manager for CITY and strictly in accordance with the specifications, general
stipulations and plans which are hereby referred to and made a part of this contract, as
well as to the satisfaction of the City Commission and the Project Manager of the said
CITY, and in strict obedience with the directions which may be given by the said Project
Manager or his authorized representative, at and for the prices herein plainly set forth.
2.4 To comply with the provisions of Section 215.19, Florida Statutes, if
applicable.
2.5 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.
2.6 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 Project Manager. Final
acceptance and payment for the entire project will not be made until the site is satisfactory
to the CITY.
2.7 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 and
all applicable State Laws, municipal ordinances, and the rules and regulations of all
2
authorities having jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same as though
herein written out in full.
2.8 Upon completion of the work, the Project Manager 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 Project Manager 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.
2.9 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 Project Manager, and any
workmanship or materials 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.
2.10 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
4.0 SUBCONTRACTOR APPROVAL
4.1 The CONTRACTOR shall, as soon as practicable, after signature of contract,
notify Project Manager in writing of names of subcontractors proposed for principal parts
of work, and for such others as Project Manager may direct, and shall not employ any that
architect may, within a reasonable time, object to as incompetent or as unfit.
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-; and for the removal and
disposal of all rubbish and surplus material; also all pumping, bailing, draining, or
unwatering of all excavations, which are incidental to the execution of the work; also for 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 the CONTRACTOR 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 The 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 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, o~ employees arising
from this contract or its performance. CONTRACTOR and CITY hereby agree and
covenant that the CONTRACTOR has incorporated in its original bid, which constitutes the
contract sum payable by the CITY to the CONTRACTOR, specific additional consideration
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 725.05.
6.3 The execution of this Agreement by the CONTRACTOR shall obligate the
CONTRACTOR to comply with the foregoing indemnification provision, as well as the
applicable insurance provisions. However, the indemnification provision, and the
insurance provision contained in this Contract are not interdependent of each other, each
,4
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.
9.0 PROJECT ENGINEER
9.1 The Project Manager shall be Facilities Management Division.
9.2 The Project Manager 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.
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 .... , to this Contract for Services.
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. The CONTRACTOR agrees to
furnish policies if Certificate of Insurance is not acceptable.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one (1) year
from date of acceptance or longer as specifications require. Ail Kalwall roof panels shall
be guaranteed against any water infiltration for five (5) years. In the event that water
infiltration occurs during this time, the CONTRACTOR shall perform such steps as required
to restore the affected panels or replace them as needed. The CONTRACTOR shall be
responsible for any damages caused by water leakage.
11.2 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. The CONTRACTOR shall make the necessary
corrections within ten (10) days of receipt of the written notice.
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 Project Manager 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 suDject 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, the sole remedy available to the 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 the CONTRACTOR and
the 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.
7
15.4 For the purpose of this section the phrase "the CITY, its agents and
employees" shall include but shall not be limited to Architect, Project Manager, and
Consulting Engineers.
16.0 Insurance
See Exhibit "A" for insurance on contracts under $ 500,000.00.
In WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor and City Manager, attested by the City Clerk with the Corporate Seal of the said
CITY and the CONTRACTOR has executed these presents the day and year herein before
written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest: Approved as to Form:
Citl~'Clerk ' ' City Attorney I
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or Vice President
Attest as to Contractor
State of Florida )
)SS:
County of Palm Beach )
Personally appeared before me duly authorized to administer oaths
to me known to be the persons deScribed herein and who executed the foregoing
instrument and have acknowledged before me and they have executed same.
Notary Public
My Commission Expires:
KALWALL. CON
Rev. 7/96
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Exhibit A
B~' ATTENTIO~ IS DIRECTED TO T~E ~ ~ BEIX~. IT IS HIGtLY
RE(I~MENDED T~AT BIDO~ CDHFKR WITH T~IR ~ INSURAI~ CARRIERS O~ BROKERS TO
DETERMINE IN ADFg/~ OF BID ~I~I~IO~ ~ A~~.~T~ Ot· ~ C~l~lYlOb'~S A~D
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in the Contractor's bid.
A. ~ SCOPE OF INSURANCE
Coverage shall be at least as broad as:
Insurance Services Office Co~ercial General Liability coverage ("occurrence"
form CG 00011185) or Insurance Services Office form number GL 0002 (Ed. 1/73)
covering Comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code I "any auto".
Workers' Compensation and Employers Liability insurance covering all employees
meeting applicable State of Florida and federal laws.
B. MINIMUM LIMITS OF INSURANC~
Contractor shall maintain limits no less than:
e
General Liability: $1,000,000 combined single l~m~t per occurrence for bodily
injury, personal injury and property d~-~ge. If Con~ercial General Liability
Insurance or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this project/location or the
general aggregate limit shall be twice the required occurrence limit.
Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability:
Coverage A: Workers' Compensation - Statutory
Coverage B: Employers' Liability - $100,000 Each Accident
- $100,000 Each Disease
'- $500,000 Aggregate by Disease
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Endorsements
SPECIAL NOTE:
Other Sta6es Insurance
Voluntary Compensation
Longshore and Harbor Workers' Compensation Act
(if applicable)
Contracts not exceeding thirty (30) calendar days, or where costs will not exceed $25,000
and there are no unusual or high hazards present, may reduce minimum limits of insurance
to $300,000.
Contracts not exceeding 180 calendar days, or where the costs will not exceed $500,000
and there are no unusual or high hazards present, may reduce minimum limits of insurance
to $500,000.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either, the insurer shall reduce or eliminate such deductibles
or self-insured retentions as respects the City; its officers, officials, employees and
volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. OT~FR INSURANCE ~SIO~S
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Aut__n~o__bile Liability Coverages
The City, its officers, officials, employees and volunteers are to be
covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor, including the City's
general supervision of the Contractor; products and completed operation~
of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protec~ior
afforded to the City, its officers, officials, employees or volunteers.
be
The Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees or volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, _--~ployees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
Ce
Any failure to comply with reporting provisions of the Policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
The Contractor's insurance-shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limit of liability of the policy.
Page 2 of 3
Exhibit A
Workers' C~tion and W~?loyers Liability Coverage
The insurer shall, agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
All Coverages
Ee
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced' in
coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
ACCEP'fABILITY OF INSURERS
Insurance placed with standard insurers requires a Best's rating of the insurer of no less
than A:VII. Insurance placed through a self insurance pool requires that the most current
financial statement of the pool be provided to the City for the City's review and
determination of acceptance.
F. FERIFI~TION OF COVERAGE
Contractor shall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements are to be on
forms provided by the City, unless waived by the City. Where by statute, the City's
workers' compensation-related forms cannot be used, equivalent forms approved by the
Insurance Com~nissioner are to be substituted. All certificates and endorsements are to be
received and approved'by the City before work con~ences. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall include all subcontractors as insureds under its policies or shall
furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
Page 3 of 3