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R00-159
RESOLUTION NO. R 00-/,.4'~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 094-2821-00/0]D) TO WIDELL, INCORPORATED, FOR THE REHABILITATION FOR MASTER LIFT STATIONS #316, #317, #319 & #356; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened Bids for the above mentioned project, and it was determined that Widell, Incorporated was the most responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE :IT RESOLVED BY THE CTTY COI~lt4TSSION OF THE CTTY OF BOYNTON BEACH, FLOR:~DA, THAT: .- Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the Rehabilitation for Master Lift Stations #316, #317, #319 & #356, and authorizes and directs the Mayor and City Clerk to execute said Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THTS ,:~/ A-I-I'EST: J City Clerk day of November, 2000. C[-I-Y O,~BOYNjTO,~ BE/A~H, FLORIDA Vice Mayor Cor~"tr~ssioner Commissioner Requested City Commission Meeting Dates [] November 21, 2000 [] December 5, 2000 [] December 19, 2000 [] January 2, 2001 V-CONSENT AGENDA ITEM B-6. CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOI . Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office November 9, 2000 (5:00 p.m.) [] January 16, 2001 January 3, 2001 (5:00 p.m.) November 22, 2000 (5:00 p.m.) [] February 6, 2001 January 17, 2001 (5:00 p.m.) December 6, 2000 (5:00 p.m.) [] February 20, 2001 February 7, 200l (5:00 p.m.) December 20, 2000 (5:00 p.m.) [] March 6, 2001 February 21, 2001 (5:00 p.m.) NATURE OF AGENDA ITEM [] Administrative [] Development Plans [] Consent Agenda [] New Business [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation RECOMMENDATION: A Motion to split award the bid to two (2) companies for: 'REHABILITATION FOR MASTER LIFT STATIONS: #316, #317, #319, & #356." BID#094-2821-00/CJD to: WIDELL, INC. of Ft. Lauderdale, Florida for an expenditure of: $1,547,000.00 and the line item part for additional work to convert existing can type station to a typical submersible station to: TRIO DEVELOPMENT of Pompano Beach, Florida for an estimated expenditure of: $250,000.00. EXPLANATION: On September 27, 2000, Procurement Services received and opened six (6) bids for the "REHABILITATION FOR MASTER LIFT STATIONS: #316, #317, #319, & #356." After review of the six (6) proposals, it has been determined that Widell, Inc. and Trio Development are the most responsive, responsible bidders who meet all specifications. John Guidry, Utilities Director concurs with this recommendation (see attached memo #00-250.) PROGRAM IMPACT: The purpose of this bid is to obtain a firm price for the Rehabilitation of Master Lift Stations #316, #317, #319, & #356 to include line item costs for additional work to convert existing can type station to a typical submersible station. FISCAL IMPACT:Funds are available in the following accounts: Description: 1996 Bond Issue Utilities General Reserves Utilities Renewal & Replacement ']Seput~ Director o-f ~n~cial Services Account #: Budget Amount: 407-5000-590-96-04 $800,000.00 City Manager's Signature Procurement Services C: John Guidry - Utilities Director Barbara Conboy -Procurement Specialist File City Att~e~ Finance / ~uman Resources S:XBULLETIN~ORMSL~GENDA ITEM REQUEST FORM.DOC To: From: Date: Subject: MEMORANDUM UTILITIES # 00-250 Bill Atkins Procurement Services John Guidry Utilities Director 0C1' 30 ~0~il October 23, 2000 Recommendation of Award and Authorization to Execute Contract - Master Lift Station Rehabilitation of Pumping Stations 316, 317, 319 and 356 and miscellaneous can station replacements Bid # 094-2821-001CJD Agenda Item Bids were received and opened by the City's Procurement Division on September 27, 2000. Bid proposals were reviewed by the Utilities Department and CH2M Hill, our consultant on this project. After review, the Utilities Department is recommending award to Widell Inc. of Ft. Lauderdale FL. for the rehabilitation work of Master Stations 316, 317, 319 and 356. They are the lowest most responsible bidder with a bid of $1,547,000.00. Also attached is a concurrent recommendation from CH2M Hill to award the contract to Widell Inc. Funds are available in the 1996 Bond Issue, $800,000.00, account number 407-5000- 590-96-04 and Utilities General Reserves, $747,000.00, account number 403-5000-590- 96-04. As a second and separate issue within the bid document we requested line item costs for additional work to convert existing can type station to a typical submersible station. Those conversions will be handled by requesting proposals based on the line item pricing submitted. The most responsive, responsible bidder for that type of work is Trio Development of Pompano Beach, FL. There is $250,000.00 in the Utilities Renewal and Replacement account #405-5000-590-96-04 for this type of work. Please present this recommendation to Commission for award of both parts of the bid and authorization to execute a contract for the rehabilitation of Master Wastewater Pumping Stations 316, 317, 319, and 356. If you have any questions please contact Mark law at ext. 6403 or Tony Lombardi at ext. 6421. Attachments cc: Dale Sugerman City Attorney - original contract Mark Law Tony Lombardi Barb Conboy Georganne Barden David Schurnan P.E. CH2M Hill File rn m 07 ZZ ~> ~ o O~ g ~ m~ ~ 0 ~ ~z. ~ ~ m~~ ~ z~ ~~> ~ ~ .0 o ~z~ ~z~ z ~ o g 0 c 0~0 0 ~ ~ z ~ ~ Z · - o ©! ~--I Z ~ ~ itl m ~8 -~~ ~ z z ~- o '°~~z~ °~>_ ×: ~ 8~ r~O ~- o ~ °~I 0~ -~- - - z~ o ~ ~ ~o o o ~ ~ - - ~ m ~ ~ O Z O m O m ~ m 0 ~ m m~ z m m m < m m ~ ~om- I z ~ ~ 9 m ~o~i ~ ] --~""Z ~ ~ ~ ~ z~>~/ Z ~ O O ~ ~ ~ ~ m~~</ ~ ~ ~-- ~ ~ ~ ~ m m m m ~Z m m m ~ o ~ ~m 0 ~ ~ ~ c m m~m/ ~ ~ > c c ~ m ~ ~ z/ z z o o 0 ~ ~ ~ o - - ~ mO~/ z o ~ ~ ~ ~ ~ ~'/ m c ~ m ~ ~ / z - ~ m Z ~ m m ~Z m m ~ z~ m m 0 0 ~I .~.00 ~.. ITl O3 ITl C) C> Z .-I m ~ m z m 0 0 z z © © ~ ~ < o o ~~ ~ ~ ~zffi ~ ~ Z O~ Z m m ~ ~Z~ ~ ~ 0 ~ ~ Z~ o ~ ~ z z m 0 ' ~ m zm I Project Bid # 094-2821-O0/CJD CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 2000, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" and Widel]., Inc. 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 th~ (~ity Commission of said CITY for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, has determined that the bid in the total amount of: one mi~_lion five hundred forty-seven thousand dollars and no cent~ 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 premised and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The crrY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated September 27, 2000 , 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 Master Lift Station Rehabilitation - Lift Stations 316, 317, 319, and 356, 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: $1,547,000.00. 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 C-I maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and contractor accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 THE CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the details for said work on file in the office of the BOYNTON BEACH UTH.ITY 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 C1TY 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 prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. Contractor shall make the necessary corrections within ten (10) days of receipt of the written notice. " 2.5 To comply with the provisions of Section 215.19, Florida Statutes, if applicable. 2.6 CONTRACTOR agrees to comply with the public construction bond requirements of Section 255.05, Florida Statutes. 2.7 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. 2.8 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 DIRECTOR OF UTIIJTIES. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.9 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 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. C-2 2.10 Upon completion of the work, the DIRECTOR OF UTIIJrlES 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 DIRECTOR OF UT1LWIES 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. 2.11 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 UTIlitY ENGINI:~.R, 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. 2.12 The CONTRACTOR will be held responsible for the care, protection ahd 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 330 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with provision hereinbefore set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore in the Supplementary Conditions or in other contract documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify LrrlL1TY ENGINI~R in writing of names of subcontractors proposed for principal parts of work, and for such others as UTIIJTY ENGINEER may direct, and shall not employ any that ENGINEER may, within a reasonable time, object to as incompetent or as unfit. C-3 4.0 LIQUIDATED DAMAGES AND CONTRACT TIME 4.1 The CONTRACTOR further agrees to pay liquidated damages as specified in Paragraph 17.4 of the General Conditions and Part 1 of the Supplementary Conditions, for failure to begin within ten (10) days of "Notice to Proceed," or failure to complete the work within 300 calendar days from the commencement date to be indicated in the written "Notice to Proceed," or fully complete the work within 30 days after issuance of Substantial Completion. 5.0 PROTECTION OF EXISTING FACIIJTIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also, all filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping, bailing, draining, or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of, the su. ispension or discontinuance of the said work specified and a faithful compliance with each and every one ofxhe requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. " 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 5.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used on construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all other requirements of this Code as they pertain to prevention of noise. No pile driver, 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. 6.0 INDICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, Engineer/Architect, servants, and employees from and against any claim, demand, or cause C4 of action of whatsoever kind or nature arising out of error, omission or negligent act of Contractor, its agents, servants, or employees in the performance of services under this Agreement. 6.2 Contractor shall indemnify and save harmless and defend City, its agents, servants, and employees from and against any and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever 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 its original bid a credit of $500.00, which constitutes the contract sum payable by the City to the Contractor for the specific additional indemnification provided for in this paragraph. It is the City's and Contractor's full intention that this provision shall be enfomeabIe 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 the Supplementary 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. - - 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 PAYME~ BY CITY 7.1 The CITY agrees to pay the CONlltakC~OR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made, in writing, at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the foil°wing conditions and procedures governing extra work under the Contract: 8,3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. c-5 8.3.2 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 construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for such extras will be considered or allowed by the C1TY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager and 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 C1TY'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: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer the unit price shall be subject to review to determine if a new unit price should be negotiated; or, 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the Contractor; or, 8.4.3 By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current lOCal rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the City. 8.4.3.1 The Contractor shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and C-6 8.4.3.2 8.4.3.3 8.4.3.4 8.4.3.5 8.4.3.6 8.4.3.7 8.4.3.8 reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 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. 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. 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 total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as 'general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 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, tracks, 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 made, signed by the Contractor and the Engineer and one copy retained by each. C~7 . 8.5 Claim of payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills. Such statements shall be submitted for the current Contract payment for the month in which the work was done. No claim for extra work shall be allowed unless 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.i The project Engineer shall be CH2M I-lllI., Inc. and its designated representatives. 9.2 The Engineer shall have general supervision and direction of the work. The Engineer 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 whei~ever 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 I0.0 INSURPd'qCE 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 specified in the 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 thirty (30) days in advance of cancellation, nonrenewal or adverse change. 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 year from date of acceptance or longer as specifications require. C-8 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, then the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the contractor shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment 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 fight to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY's action and the Surety shall within ten (10) days of reCeipt of said notice remedy the default or the surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. C-9 14.0 ~ 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 agent or employees, by the act or omission of any other party including the Contractor, or delay caused by weather conditions or unavailability of materials, the sole remedy available to Contractor shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to Contractor in association with any delay in the project caused by an act or omission of the CITY, its agents or employees, by the act or omission of any other party including the Contractor, or delay caused by weather ~conditions or unavailability of materials. 15.2 Failure on the part of Contractor to timely 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 l~eld responsible for completing the work within the time allocated by this project. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General and Supplementary 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. (The remainder of this page left blank intentionally) C-10 In WITNESS WHEREOF, the crrY 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 Mayor Attest: Approved as to Form: City Clerk City Attorney 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: Conwact2.doc - Rev. 5/8/97 C-Il