Loading...
R94-58RESOLUTION NO. R94---~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR MODIFICATIONS TO LIFT STATION NO. #801; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND UTILITIES SERVICE, INC. OF POMPANY BEACH, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for proposals for Modifications to Lift Station No. #801, Bid No. 032-401~94NSMG; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to award the bid to Utilities Service, Inc. of Pompano Beach, Florida as the most responsive and responsible bidder meeting specs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1 The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for Modifications to Lift Station No. #801, to Utilities Service, Inc. of Pompano Beach, Florida and authorizes and directs the Mayor and City Clerk execute a Contract bebNeen the City of Boynton Beach and Utilities Service, Inc. of Pompano Beach, Florida, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ,.5- day of April, 1994. CITY,~ OF~M'~' ~'~~ BOY,NT, JDN BEACH~ FLORIDA Mayor F ATTEST: lerk (Corporate Seal) [iftstat.res 1/93 THIS AGREEMENT, BEACH, Project #10919 C0 TRAOT made and entered into this 3/ d~y cf ~ , A.D. 19~, by and between the CITY OF BOYNTON a municipal corporation of Florida, hereinafter called the "CITY" and Utilities Services~ Thc. 2301 NW 15th Court, Pompano Beach, FL a Florida Corporation ( ) a Florida general partnership (__) a Florida limited partnership (__) a sole proprietor ( ) Check one hereinafter called "CONTRACTOR". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said CITY for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, has determined that the bid In WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor and City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presents the day and year herein before written. Signed, sealed and witnessed ~n the presence of: Attest: City Clerk Signed, sealed and witnessed in the presence of: State of Florida ) )SS: County of Palm Beach ) CITY OF BOYNTON BEACH, FLORIDA j j ~Zity Ma~nager Ci yVatto / CONTRACTOR ~~nt or~~ A~te~% 'as' to ~{tra6t~r ~/ ' Personally appeared before me duly authorized to administer oaths to me known to be the persons d/escribed herein and who executed the foregoing instrument and have acknowledged before me ~n~ they have Nof~ry Publ icl' ' .~ -c~ ~;;~..';.W_~2 ~.~ My Co~ission Expires: -~- I~ -9~ ~.~17, Ze. ~%~c. on r c . oc -' Rev. 1/19/93 '--- END OF CONSTRUCTION CO~CT In WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor and City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presents the day and year herein before written. Signed, sealed and witnessed in the presence of: Attest: ~ City Clerk Signed, sealed and witnessed an the presence of: State of Florida ) )SS: County of Palm Beach ) CITY OF BOYNTON BEACH, , ~. j ~ ~ity Manager Ma~or ~ ' ci; vitto CONTRACTOR FLORIDA oathsPersonally appeared before me duly authorized to administer to me'known ~o be the persons ~escribed herein and who executed the foregoing instrument and have acknowledged before me ~n~ they have executed same.~ · ..~../~ Nonary Public/' Contract.doc Rev. 1/19/93 END OF CONSTRUCTION CONTACT 13 2.2 2.3 2.4 2.5 2.6 2.7 necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. Ail the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and contractor accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. THE CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mention in a first-class, substantial and workmanlike manner, and in conformity with the details for said work on file in the office of the BOYNTON BEACH UTILITY DEPARTMENT, for CITY and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and the CITY MANAGER of the said CITY, and in strict obedience with the directions which may be given by the said CITY MANAGER or his authorized representative, at and for the priced herein plainly set forth. Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. Contractor shall make the necessary corrections within ten (10) days of receipt of the written notice. To comply with the provisions of Section 215.19, Florida Statutes, if applicable. To pay promptly, before final settlement, any and all claims or liens incurred-in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be specified by CITY. The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the Contractor in connection with the project promptly as such section or portion is completed and ready for use, leaving ~he same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the DIRECTOR OF UTILITIES. Final acceptance and payment for the entire project will no= be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the DIRECTOR OF UTILITIES shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract document. When the DIP~CTOR OF UTILITIES i~s so satisfied, he shall recommend acceptance thereof to the City Manager, who shall,, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an'agent or employee of the CITY, but the CONTRACTOR shall at all times, and in all respects have the rights and liabilities of an independent contractor~ 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structures in anyway connected with the performance of the contract, the work as a whole shall be inspected by the ENGINEER, and any workmanship or materials found no= meeting the requirements of the specifications shall be removed by or at the expense of the contractor and good and satisfactory workmanship or material substituted therefor. Ail settlement, defects or damage upon any part of the worm shall be remedied and made good by the contractor. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good a= his own cost any damage or injury occurring from any cause. 3.0 COM/~ENCEMENT OF WORK 3.1 Contractor hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 245 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work 3.3 specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with provision hereinbefore set fortk, the CONTRACTOR shall be liable ~o the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore in the special conditions or in other contract documents for each and every calendar day that the CONTRACTOR shall be in d~fault of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. CONTRACTOR shall, as soon as practicable, after signature of contract, notify the ENGINEER in writing of names of subcontractors proposed for principal part of work, and for such others as the ENGINEER may direct, and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay, as liquidated damages, the sums as specified in Article # 17.4 General Conditions and Part 2 Supplementary Conditions, for failure to begin within (10) days and failure to complete the work within 245 calendar days from the date of "Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 5.2 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also, all filling backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping, bailing, draining, or unwatering of all excavation, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense ~ncurred in or in consequence of, the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private 4 property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the con=act, or which are in any manner affected by the prosecution of the work or the transportation of men and material in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 6.2 6.3 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of Contractor, its agents, servants, or employees in the performance of services under this Agreement. 6.4 Contractor shall indemnify and save harmless and defend City, its agents, servants, and employees from and against any and all causes, claims, demands, actions, losses, liabilities, settlements, judgements, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any ac=, omission, or default of the City, its agents, servants, or employees arising from this contract or its performance. The contractor and the City hereby agree and covenant that the Contractor has incorporated in its original bid, which constitutes the contract sum payable by the City to the Contractor, specific additional consideration provided for in this paragraph. It is the City's and Contractors's full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. The execution of this Agreement by the Contractor shall obligate Contractor to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Supplemental Conditions. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. The obligation of the Contractor to indemnify the City is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the City or the Contractor. 7.9 PAYMENT BY CITY 7.1 The CITY agrees ~o pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 8.2 8.3 The CITY, without invalidatlng the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made, in writing, at the time such change is.ordered. Ail change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Con~ract: 8.3.1 8.3.2 8.3.3 Any change order has to be recoramended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. Should the Contractor or any of his subcontractors commence with his work without making a claim in writing for unforeseen extra work he encounters, it will be cons=rued as an acceptance and agreement by him that any such work is required under the contract and no future claim for such extras will be considered or allowed by the CITY. No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written change order. 8.3.5 Information regarding changes in the work 6 8.4 involving claims to the CITY for additional work, credits, and/or adjustment under the Contract shall be promptly transmitted in writing by the General Contractor to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contrac:. The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (t5) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the Contractor; or, 8.4.3 By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The Contractor shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The Contractor shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, 8.4.3.3 8.4.3.4 8.4.3.5 8.4.3.6 8.4.3.7 8.4.3.8 accumulation and segregation of allowable and unallowable Change Order costs. Where it is indicated that the Contract is Federally or State assisted, the Con~ractor's attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. In no case shall the Contractor and Subcontractors, general overhead and profit in the aggregate exceed fifteen (15) percent of the to=al cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental lob burdens, supervision and general office expense. In no case shall the Contractor,s cost for administering subcontracts exceed five (5) percent of the subcontractors, cost not including subcontractors' profit. For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the Contractor shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, " Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. Records of extra work done shall be reviewed at the end of each day by the Contractor and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of accepted daily records shall be 8 made, signed by the Contractor and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills. Such statements shall be submitted for the ~urrent Contract payment for the month in which the work was done. No claim for extra work shall be allowed unless the same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be Linda Riccardi, P.E.; Stanley Consultants, Inc. 9.2 The Engineer shall have general supervision and direction of the work. He/she is the agent of CITY only to the extent provided-in the contract documents and when in special instances he/she has the authority by CITY to act, and in such instances he/she shall, upon request, show CONTRACTOR written authority. He/she has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he/she shall side neither with CITY nor with CONTRACTOR, but shall use his/her power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 The Contractor shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations' in connection herewith, and whenever any of the work covered in the con~ract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Supplementary Conditions. 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions prevent the generation of loud, unnecessary noise 9 conjunction with his operations at the work site. Internal combustion engines used on construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all other requirements of this Code as they pertain to prevention of noise. No pile driver, excavation or other construction equipment, pneumatic hammer, derrick, the use of which is attended by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11.1 Ail the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0 TERMINATION OF CONTRACT 12.1 If the work =o be performed under the con=tact is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants -of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordamce with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, then the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the contractor shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgement of the City Manager, insure the satisfactory performance of the work, The City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the even= of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right =o the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the surety shall as expeditiously as possible: 10 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cos= of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly.paid by CITY to CONTRACTOR. 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 In as much as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the City, its agent or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to Contra=tot shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to Contractor in association with any delay in the project caused by an act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials,. 11 15.2 15.3 15.4 Failure on the part of Contractor ~o process a written request for an extension of time to complete the work within 10 business days of the act, occurrence or omission which is the reason for the request, shall constitute a waiver by Contractor and Contractor shall be held responsible for completing the work within the time allocated by this project. Ail requests for extension of ~ime to complete the work shall be made in accordance with the General and Special Conditions. For the purpose of this section, the phrase "the City, its agents and employees,, shall include but shall not be limited to the architect, project manager, and consulting engineers. 12 In WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor and CiTy Manager, attested by the Ci=y Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presents the day and year herein before written. Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA in the presence of: City Manager Attest: Mayor Approved as to Form: City Clerk Signed, sealed and witnessed in the presence of: City Attorney CONTRACTOR President or Vice President Attest as to Contractor State of Florida ) )ss: County of Palm Beach ) Personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who execu=ed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: Contract.doc Rev. 1/19/93 END OF CONSTRUCTION CONTRACT 13 BY THIS BOND, as Principal and PUBLIC CONSTRUCTION BOND We a corporation, as Surety, are bound to herein called Owner, in the sum of $ for payment of which we bind ourselves, our representatives, successors· and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal= 1. Performs the contract dated · between Principal and Owner for construction of heirs, personal at the An 19 the contract being made a part of this bond by reference, times and in the manner prescribed in the contract~ and 2. Promptly makes payments to all claimants, as defined Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract~ and 3. Pays Owner all losses· damages, expenses, costs, and attorney's fees· including appellate proceedings· that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void~ otherwise it remains in full force. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Sure=¥'s obligation under this bond. DATED ON , 19 (Name of Principal) BY= (Name of Sure=y) 4. The payment provisions of bonds furnished for public work contracts described An subsection (1) shall, regardless of form, be construed and deemed statutory bond provisions, subject to all requirements of subsection (2). 5. In addition to the provisions of chapter 4?, any action authorized under this section may be brought in =he county in which the public building or public work is being constructed or repaired. This subsection shall no= apply to an action instituted prior =o May 17, 1977. 6. All bonds executed pursuant to this section shall make reference to =his section by number and shall contain reference to the notice and time limitation provisions of =his section. 7. In lieu of the bond required by this section, a contractor may file with =he state, county, city or other political authority an alternative form of security in the form of cash, a money order, a cer~lfied check, a cashier's check, an irrevocable letter of credit, or a security of a type lis=ed in part II of chapter 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by =his section. The determination of =he value of an alternative form of security shall be made by the appropriate state, subdivision. county, city, or other political PublicConst. Bond 8/25/93 HOLD HARMLESS AND INDEMNITY CLAUSE · in consideration of Ten Dollars ($10.00), receipt and ~ufficiency of which is accepted through the signing of this document by an authorized party or agent shall hold harmless and defend the City of Bovnton Beach and its agents and employees from all suits and actions, including attorney fe~s and all costs of litigation and judgements of every name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the City by any employee of the named Contractor, and sub-contractor, or anyone directly or indirectly employed by any of them. The Contractor's obligation under this provision shall not be Iimited in any way by the agreed upon contract or the Contractor's limit of or lack of sufficient insurance provision. Note: The $10.00 indicated above is considered to be the first $10.00 of any amount of money received by the successful bidder, due to work performed by the City. An additional/ separate $I0.00 is not required. HH- 1 Exhibit A INSURANCE REOUIREMENT$ FOR CONTRACTOR£ BIDDERS' ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGI-LLY RECOMMENDED THAT BIDDERS CONFER WITH THEIR RE~RPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF BID SUBMISSION THE AVAILABILITY OF INSLrRANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN APPARENT ~OW BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT IDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT. ,Z u'ua~t:~ tu property wmca may arise trom or in connection with the.performance of the work hereunder I~v th~ ~on~tractor, hi.s, a~. ~ts, representative~, employees or subcontractors. The cost of such insurance shall be included in me tcontractor s b~d. A. MINIMUM SCOPE OF INSURANCE Coverage sLall be at least .ag~br0~ds'~: ~: Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00011185) or Insurance Services Office form number GL 0002 (EA. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 ' any auto'. Workers' Compensation and Employers Liability insurance covering all employees meeting applicable State of Florida arid federal laws. ' MINIMUM LIMITS OF INSURANCE Comractor shall maintain limks no less than: 1. General Liability: $1.000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000.00o property damage. combined single limit per accident for bodily injury and 3. Workers' Compensation and Employers Liability: Coverage A: Coverage B: Workers' Compensation - Statutory Employers' Liability -$100,000 Each Accident - $100,000 Each Disease - $500,000 Aggregate by Disease Page I of 3 Exhibit A Endorsements: Other States Insurance Voluntary Compensation Longshore and Harbor Workers' Compensation Act (if applicable) C. DEDUCTIBLES AND SELF-INSURED RETENTIONS my deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, ~ither, the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials; employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROWS'IONS The policies are m contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability (~overag~ The City, its officers, officials, employees and volunteers are to be covered as insureds as respect: liability arising out of activities performed by or on behalf of the Contractor, including the City's general supervision of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed'by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to'the City, its officers, officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Co Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d= The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limit of liability of the policy. 2. Workers' Comoen.natlon and Emoloyers Liability Cov~r,ae." The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Page 2 of 3 Exhibit A ACCEPTABILITY OF INSURERS Insurance placed with standard insurers requires a Best's rating of the insurer of no less than A:VII. Insurance placed through a self insurance pool requires that the most current financial statement of the pool be provided to the City for the City's review and determination of acceptance. F. VERIFICATION OF COVERAGE '.ontraetor shall furnish the City with certificates of insurance and with original endorsements effecting coverage ~.~quffed by this clause. The certificates and endorsements for each insurance policy are to be signed by a persou authorized by that insurer to bind coverage on its behalf. The certificates an~ endorsements are to be on forms provided by the City, unless waived by t~e City. Where by statute, the City s workers' compensation-related forms cannot be used~ equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Page 3 of 3 GENERAL LIABILITY ENDORSEMENTS ("the City") Form D ATTN: A. POLICY INFORMATION Endorsement # I. Insurer ; Policy Number 2. Policy Term (From) (To). ; Endorsement Effecti~;e Date 3. Named Insured 4. Limit of Liability Any One Occu,~cedAggregate $. / General Liability Aggregat~ (check one): Applies 'per location/project' Is twice the occurrence limit 5. Deductible or Self-Insured Retention (Nil unless otherwise specified):$ 6. Coverage is equivalent to (check one): __ Comprehensive General Liabili~ form GL0002 (FA. 1/73) Commercial General Liability 'occurrence' form CG0001 1185 Commercial General Liability 'claims-made' form GC0002 0286 7. Bodily Injury and Property Damage Coverage is (check one): 'occurrence' . 'clairrt~ made' If claims-mede, th~ retroactive date is Note: The City's standard insurance requirements specify 'occurrence' coverage. 'Claims-made' coverage requires special approval. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this loeauiordproject or the general aggregate must be twice the occurrence limit. B. POLICY AMENDMENTS Ms endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the flicy to whir. Ii this endorsement is attached or any otherendorsement attached thereto, it is agreed as follows: 1. INSURED. The City, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, including the City's general supervision of the Named Insured, (b) products and completed operations of the Named Insured, or (¢) premises owned, leased or used by the Named Insured. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the City; or Co) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of ~overage excess of the Named insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the. City, its elected or appointed officers, officials, employees or.volunteers shall be in excess of this insurance and shall not contribute with it. Page 1 of 2 Form D SCOPE OF COVERAGE. This policy, if primary, affords coverage at least ~s broad az: O) Insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsemem; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence' form CG 0001 or 'claims-made' form CG 0002; or 0) If excess, affords coverage which is at lea~ az broad az the primary insurance forms referencad in the preceding sections (1) and (2). SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the limit of liability to the policy. PROVISIONS REG~ING THE INSURk'~,S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its elec~ted or appointed officers, officials, employees or volunteers. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail remm receil~ requested has been given to the City. Such notice shall be addressed az shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE incidems and claims are to be reported to the insurer at: ATTN: (Title) (Department) (Company) I, bind (Street Address) ( ) (City) (State) (Zip Code) (Telephone Number) SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER do so bind this organization. (print/type name), warrant that I have authority to (insuring organization) and by my signature hereon Organization: ADDRESS: SIGNATURE OF AUTHOPdz.~D REPRESENTATIVE OF INSURER(original sigaamre required on endorsement furnished to the City) TITLE: TELEPHONE: ( ) Page 2 of 2 AUTOMOBILE LIABILITY ENDORSEMENTS ("the City") Form E A'I'rN: A. POLICY INFORMATION Endorsement # 1. Insurer ; Policy Number 2. Policy Term (From) (To) ; Endorsement Effective Date 3. Named Insured 4. Limit of Liability Any One Occurrence/Aggregate $ / 5. Deductible or Self-Insured Retention (Nil unless otherwise specified):$. B. POLICY AMENDMEN'I~ This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: INSURED. The City of Boynton Beach, Florida, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any aut~ owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City, its elected or appointed officers, officials, employees or volunteers. CONTRIBUTION NOT REQLHlZk'~. As respects work performed by the Named Insured for or on behalf oft. he City of Boynton Beach, Florida, the insurance afforded by this policy shall: (a) be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or (b) stand in a unbroken chain of coverage excess of the Named Insured's primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as: (1) Insurance Services Office Business Auto Coverage form number CA 0001 0t87 (FA. 1985), liability coverage Code I (any auto). (2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding section (I). SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the City's limit of liabilityof the policy. Page I of 2 Form E PROVISIONS REGARDING THE INSURi~'S DUTIES AI~FER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City, its elected or appointed officers, officials, employees or volunteers. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this e~dorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claim~ are to be reported to the insurer ar: ATTN: (Title) (Department) (Company) (Street Address) (City) (Stat~) ( ) (Telephone Number) (Zip Code) SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER organization. (Prim/type name), warrant that I have authority to bind Cmsuring organization) and by my signature hereon do so bind this SIGNATURE OF AUTHORIZED REPRESENTATIVE OF INSURER (original signature required on endorsement fiirnished to the City) ORGANIZATION: ADDRESS: TELEPHONE:( ). Page 2 of 2 P.O. ~x 310 A~.n: p~t. of Risk Only ~ ce.~cifies ~o ~b~ City ~f ~ B~ac~, Florida, r~at ~ follo~ d~cribed polici~ bm'~e ~ i~su~d ~o · Add~r~s l~scr~pcic~ of oper&r_ions/loca~on~lproduc~ ~ (~' con~rac-~ ~m8 and/or n~be~, ~ any): (Nam of insu.-tF) (Nam of B~L~inOSS ~ (llmo Of InSUre') Uubr~lla Liabili~y ~lc}~rs Liabili~y $ per lri-o~e~/loca~io~ S I I I Cc~rcial ~ Liabili~y I Single L.W~C $ r Paso 1 of '~ l Cx~my of ~-'~kar~e~c ~ Pag~ 2 o~ 2