R01-269
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RESOLUTION NO. R01- aloq
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID (NO, 076-2413-0IlCJD) TO
THERMAL CONCEPTS OF DAVIE, FLORIDA, FOR
REPLACEMENT OF TWO ROOFTOP HV AC UNITS AT
EZELL HESTER COMMUNITY PARK, IN 'I'HE
AMOUNT OF $62,000; AUTHORIZING TIIE MAYOR
AND CITY CLERK TO EXECUTE SAID CONTRACT;
AND PROVIDING ANEFFECTNE DATE.
WHEREAS, the Department of Engineering received and oIlened Bids for the
above mentioned project, and it was determined that Thermal Concept~ of Davie, Florida,
was the most responsive bidder who met and exceeded all specification~;
NOW,TH:EREFORE, BE IT RESOLVED BY THE CIn COMMISSION
. OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
p~
Section L The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of a bid for the replacement of two rooftpp HV AC units at
Ezell Hester Community Park in the amount of $62,000.00, to Th~al Concepts of
Davie, Florida,. and authorizes the Mayor and City Clerk to execute f\ Contract between
the parties, a copy of which is attached hereto as Exhibit "A".
Section 2.
That this Resolution shall become effective illllIl,ediately.
PASSED AND ADOPTED THIS ~ day of October, 2001, .
ATTEST:
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MEMORANDUM
TO:
CAROL DOPPLER. BUYER. PROCUREMENT DEPT.
JANET M. PRAINITO, CITY CLERK
OCTOBER 23, 2001
FROM:
DATE:
RE:
RESOLUTION #R01-269
Attached is a copy of the above mentioned resolution that was approved at the City
CoIl'lIIlission meeting held on October 16, 2001 for your information and files. Whenthe
document is fully executed. please return a copy to me for Central Files, Thank you.
Mas!
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kOI-a<."q
CONTRACT FOR REPLACEMENT OF HV AC SYSTEMS AT THE EZELL HESTER
JR. COMMUNITY CENTER
THIS AGREEMENT, made apd entetedinto this Ifc day of DCToBeR , AD, 20.Qj
by and between the CITY OF BOYNTONB,EACH, a municipal cOI'poration of Florida, hereinafter
called the "City" and THERMAL CONCEPTS, INC.,
a Florida Corporation L X--.J
a Florida General PaJinership L-)
a Florida Limited Partnership L-)
a Sole Proprietor L-)
Check One
hereinafter called "CONTRACTOR".
~
WITNESSETH
That under the due procedure of law, bids were heretofore recei'_~lon of said
City for the performance of work and supplying materials, ~cscribed, and said
Commission having canvassed said bids, had determined that uld in the total amount of
SIX:TY,TWO THOUSAND DOLLARS AND 00/100 submitted by the aforementioned
CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution
of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.1 The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated upon
the bid of the CONTRACTOR, dated JULY 31, 2001, which is hereby
incorporated by reference into this agreement, and the CONTRACTOR does
agree to furnish the necessary labor, tools, equipment, materials and supplies, etc"
and to perform all the work provided in the bid, contract documents, bond
documents, plans and specifications for:
Bid Title: REPLACEMENT OF HV AC SYSTEMS AT TWO (2)
LOCATIONS: EZELL HESTER JR. COMMUNITY
PARK & THE PUBLIC LIBRARY
Bid Number: #076-2413-0IlCJD
City of Boynton Beach, Florida, all of which are incorporated herein by reference
at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid
totaling $62,000.00.
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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, Q.eneral Conditions for Construction,
and Supplementary Conditions for Construction, 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
proj ect,
2.2 All the work and labor perfonned under this contract shall be perfonned, and all
of the material furnished shall be, in strict confonnitywith said plans and
specifications, and CONTRACTOR accepts arul consents to the conditions
contained in said plans.and specifications and expressly agrees to comply with
every requirenrentand stipulation therein contained to beperfonned 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 inconfonnity with the detail for said work on file in
the office of tl1eCity Engineer of the City and stJ.jctly in accordance with the
specifications, ge;nerW. stipulations and plans which are hereby referred to and
made a part ofthis contract, as well as to the satisfaction of the City Commission
and City Engineer of the said City, and in strict obedience With the directions
which may be given by the City Ml\Ilager or his authorized representative, at and
for the prices herein plainly. set forth,
2.4 Upon receipt of written notification from the CITY, to correct any defective or
faulty work or materials which may appear within one (1) year after completion of
the contract and receipt of final payment CONTRACTOR shall make the
necessary corrections within ten (10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all claims or liens incurred in
and about this work. Furnish release of liens fonns from all subcontractors and
suppliers of materials, Fonns to be supplied by CITY
2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or
portion is completed. and ready for use, leaving the same in a neat and presentable
condition.
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Payment of monthly or partial estimates may be withheld until this has been done
to the satisfaction of the City Engineer. Final acceptance and payment for the
entire project will not be made until the site is satisfactory to the CITY.
2,8 The CONTRACTOR shall at all tim.es observe and comply with the provisions of
the charter, ordinances, codes and regulations of the City of Boynton Beach,
Florida.
2.9 Upon completion of the work, the City Engineer shall satisfy himself, by
examination and. test, that the work has. been fully completed in accordance with
the. plans, sp~cifications and contract . documents., When the City Engineer is so
satisfie~, he shall recommend acceptanc.e. thereof to the City Manager, who shall,
if he agrees with. sllchrecOI:ll111,endati<m, present the final pa,yment application to
City Commission for review and vote to. formally accept the project The right of
general supetvisionofthe C!TYa$hereinafter provided under "authority of the
engineer" shallp,pt m<l;ketheCC)NTRACTOR an age!itoremployee of the CITY,
butthe CONTRACTOR, shall at all times, and ina1lresp~sha,ve the rights and
liabilities ofan independent contract()r.
2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch
basins, or otherl'lI'ellsofstructure iIJ, anyway .connected with the performance of
the contract, the w{)rk.asa whole shall be inspected by the City Engineer, and any
workmanship Or material found not meeting the requirements of the specifications
shall be removed by; or at thee~pense of the CONTRACTOR and good and
sa~factory workmllIlship orma,terial substituted therefor. All settlement, defects
or damage uppn any.part ofJhe.wprk shall be remedied and made good by the
CONTRACTOR.
2.11 The CONTRACTOR will be held responsible for the care, protection and
cpndition 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 cOll1pletethe project within 120 days following the commencement date as
specified in same.
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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 acpordance with herein before set forth, the
C()NTRACT()R shall be 1i~ble to the CITY, as liquidated damages and not as
penalty, in. the amount stipulated therefore in the Instruction to 13idder, Paragraph
24, or in other documents for each and every calendar day that the
CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages from any amount
due, or that l1layhecome(iue the CONTRACTOR, or to collect such liquidated
damages from theCON'I'RACTORor his Surety.
3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm
with City Engineer in writing, the names of subcontractors as originally proposed
for principal parts of work, and for such others as City Engineer may direct.
Contractor shall not~ploy any that City Engineer may, within a reas(Jnable time,
object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay $250.00 per day as liquidated
damages, for failure to begin within ten (10) days of "Notice to Proceed" or
failure to complete the work within 120 calendar days from the commencement
date to be indicated in the written "Notice to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection and continuous
use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard
rails and other coustruction encountered, and the prompt repairing of any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also
all pumping bailing draining (Jr unwatering of all excavations, Incidental to the
execution of the work; also the furnishing of all necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the. whole work mentioned in
the detailed plans and specifications necessary to give a finished result, and
including all expense incurred in. or in consequence of the suspension or
discontin.uance 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.
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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 perfonned und.er the contract, or which are in any manner affected by the
prosecution of the work or the ~ansportation of men and materials in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the department of the CITY having charge of any property or utilities owned by
the CITY and to other owner or owners of public or private property or utilities
when they shall be affected by the. work to be perfof1:Iled under the contract, and
shall make all necessary arrangemiOlnts 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 CQNTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and appellate attorney's
fees) of whatsoever kind or nature for damages to persons or property caused in
whole or in part by lII).yact, omission, or default of the CITY, its agents, servants
or employees arising from this contract or its performance. The CONTRACTOR
and the CITY hereby agree and covenant that the CONTRACTOR has
incorporated in this original bid, which constitutes the contract sum payable by
the CITY to the CONTRACTQR, specific additional consideration sufficient to
support this obligatio, of indemnification provided for in this paragraph. It is the
CITY'S and CONTRACTOR'S full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida Statute 725,06.
6.3 The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnifica.tion provision, as well
as the insurance provisions which are set forth in Attachment "A" herein.
However, the indemnification provision, and the insurance provision contained in
this Contract are not interdependent of each other, each one is separate and
distinct from the other.
6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR,
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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 adjuste<iaccordingly. 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.
82 All change orders and adjustments shall be in writing and approved by the City
Manager or City Commission if required, otherwise, no claim for extras will be
allowed,
8.3 The General Contractor and all of.his subcontractors shall be apprised of, and
familiar with, the following conditions and procedures governing extra work
under the Contract:
8.3.1 Any change order has to be recommended by the City Manager and
officially approved by the City Commission before any steps are taken to
implement the change order.
8.3.2 Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the CITY.
8.3.3 No claim for extra work will be allowed unless and until authority for
same by written Change Ordet has been obtained from the City Manager
or the City Connnission 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.
8.35 Information regarding changes in the work involving claims to the CITY
for additional work, credits, and/or adjustments under the contract shall be
prol11ptly 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
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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 ftom the work, the Contract swn
being adjusted accordingly. All such ',York 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.
83 The General Contractor and all of his subcontractors shall be apprised of, and
familiar with, the following conditions and procedures governing extra work
under the Contract:
83.1 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.
83.2 Should the CONTRACTOR or any of his subcontractors commence with
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the CITY.
8.33 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.
83.4 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.
8.35 Information regarding changes in the work involving claims to the CITY
for lldditionaJ 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.
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8.4 The value of any change ordered under the Contract for extra work andlor any
reductions in work required, shall be determined under one or more of the
following procedJ,lT~ 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 oftheorigill.al 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 reviewto determine if a new unit price should be negotiated; or
8.4.2 If no such unit prices a,re 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, supplie~,equipment and other services necessary to
complete the work plus fifteen (15) percent to cover the cost of general
overhead and profit. For aIL labor and foreman in direct charge of the
authorized operatioI)S, the CQNTRACTOR 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,
8.43.2 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, accunlUlation and segregation of allowable and
unallowable Change Order costs.
8.4.33 Where it is indicated that the Contract is Federally or State
assisted, the CONTRACTOR'S attention is directed to the
applicable rules and regulations relative to cost principles which
must be used for the determination and allowability of costs under
grant.
8.43.4 In no case shall fringe benefit costs on direct labor costs exceed
forty (40) percent of direct labor costs.
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8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general
overhead and profit in the aggregate exceed fifteen (15) percent of
the total cost of direct labor, fringe benefits, direct overhead,
materials, supplies, equipment and directly related services
supplied by him. Among the items considered as general overhead
are bonds, irlsurance, incidental job bUrdens, supervision and
general office expenses.
8.4.3,6 In no case shall the CONTRACTOR'S cost for administering
subcontracts exceed five (5) percent of the subcontractors' cost not
including subcontractors' profit
8.4.3,7 .For special equipment and machinery such as power driven
pumps, concrete mixers, trucks, and tractors, or other equipment,
required for the economical performance of the authorized work,
the CONTRACTOR shall receive payment based on the agreed
rental price for each item of equipment and the actual time of its
use on the work p~ovided that the rental price shall not exceed the
current ratespubli*hed by the Equipment Guide :i3ook Company in
the :i31ue:i300k,"Re!ltal Rates for Construction Equipment", Rate
shall be daily, weekly or monthly as appropriate;
8.4.3.8 ReCords of extra work done shall be reviewed at the end of each
day by the CONTRACTOR and the Engineer. Such daily records
shall clearly distinguish between the work done under the contract
and that done under the Change Order. Duplicate copies of the
accepted d,uly records shall be made, . signed by the
CONTRACTOR and the Engineer and one copy retained by each.
8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such. statements shall be
submitted for the cUlTent contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be STEPHEN BORUFF
9.2 The Engineer shall have general supervision and direction of the work. The
Engineer is the agent of the CITY only to the extent provided in the contract
documents and when in special instances he has the authority by CITY to act, and
in such instances he shall, upon request, show CONTRACTOR written authority.
He has authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract
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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 CONTRACTQR, but shlill use his. power under the contract to enforce its
faithful performance by both.
10.0 INSURANCE
10.1 The CONTRACTOR shall maintain during the tenn of this contract commercial
liability, motorvehicle,and property damage insurance, acceptable to the CITY,
covering the work contracted and all operations connected herewith, and
when,ever any oftheworkin, the cOnttact is to be. sublet, CONTRACTOR'S
contingent orprotectivy liabilityandprqperty damage. insurance.. Such insurance
shall provide .limits not lessthllIl,. those set forth on the insurance requirement
schedule attached as Attachment "A".
10,2 Required insUJ."ance 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 ofcllIl,Cyllatio,q, no,nrenewal or adverse change. Contractor agrees
to furnish policies if Certificate ofInsurance is not acceptable,
10.3 The CONTRACTOR shall tal<:e all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at the
work site. Internal combustion engines u.sed with c.onstruction equipment shall be
equipped with mufflers,llsrequiredby the Code of the City of Boynton Beach,
and the CONTRACTOR shall comply with all requirements ofthis Code as they
pertain to prevention>ofnoise:No piledriver, excllvating or other construction
equipment, pneumatic ltilnl,lrteJ:,dlIDick, the use of which is attend by loud or
unusual noise,$haU be oPerated between t1J.e. hours of 6:00 P.M. and 7:00 A.M.,
except by written permis~on of tlW City Manager, and then only in case of
emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one year from
date of acceptance.
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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 ofthe 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 fur its
completion or within the time to which such completion date may be extended; or
if other just causes exist, the City M~nllger 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 oftennination set forth
in such notice, take such measures as will, in the judgment of the City Manager,
ensure the satisfactory perfOITl>ll1)Ce of the work, the City Commission and the
City Manager may declare the contract t~ated on the effective date specified
in such notice, or any date subsequent thereto. In the event of such termination,
the City Manager shall notify t)1e COmRACrOR and Surety and the
CONTRACTOR shall immediately respect such no~ce llnd stop work and cease
to have any right to the possel>sio~ of the ground and shalJ forfeit his contract.
Upon such termination, the City Managfr shall prQvide the. Surety with written
notice of the CITY~S action. and t)llil Surety shall within ten (1 Q) days of receipt of
said notice remedy the default or the ~ure1iY shall asexpedimously as possible:
12,1.1 Complete the contract in accordance with itstenns and conditions, or
12.1.2 Obtain a bid or bids for completing the contract in accordance with its
terms and. conditions, and upon di;ltennination by Surety and the CITY of
the lowest responsible bidder, make available as work progresses (even
though there should be a default or a succ~ssion 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 excee!iing, .including.other costs and damages for
which the Surety mayJiableiherew)der, the 'amount set forth in the first
paragraph hereof. The ti;lrm 'i>alance of the cQntract price", as .used in this
paragraph, shall mean the total amoUllt payable by CITY to
CONTRACTOR UIlder the c~ntralitand any iunenclments thereto, less the
amount properly paid byCI1'Y to CONTRACTOR-
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13,0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR shall supersede
aJtyand 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 improve:rnent in.acqor<iance. with a predetermined
program, all such timellinits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15,1 In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project. No monetary damages shall be claimed or awarded to
CONTRACTOR in associatiorr with any delay in the project caused by an act or
onllssionofthe CITY, its agents or employees.
15,2 Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR. shall be held responsible for completing
the work within the time allocated by this .cohtract.
15.3 All requests for extei1sion of time to complete the work shall be made in
accordance with the General Conditions for Construction.
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, proj ect manager and
consulting engineers.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
/I~:L~'
--.......;...
......
?l$;
City Attorney
Signed, sealed and witnessed
in the presence of:
Contractor
President or the Vice President
Attest as to Contractor
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State of Florida
)
) ss:
County of Palm Beach
)
On this
day of
, 20_, personally appeared before me duly authorized
to me known to be
to administer oaths
the persons described herein and who executed the foregoing instrument and have acknowledged
befure me and they have executed same.
Notary Public
My Commission Expires:
05/04/01 ktr
C-13