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R00-080 ......,~ RESOLUTION NO. ROO-&::> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID (NO. 068-2910-00/0D) FOR IMPROVEMENTS TO THE BOYNTON BEACH MUNICIPAL GOLF COURSE JOE DELONG BLVD.; TO WEST CONSTRUCnON, INC., IN THE AMOUNT OF $131,410.00; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 15, 2000, Procurement Services received and opened one (1) Bid for the above mentioned project, and it was determined that West Construction, Inc,. was the sole, responsive bidder who met and exceeded all specifications; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the improvements to the Boynton Beach Municipal Golf Course to West Construction, Inc, and authorizes and directs the Mayor and City Clerk to execute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS dfCJ day of June, 2000. M yo~,,/) .~. Lf(~/ ?~ Vice Mayor ~ Mayor Pro Tem ~ Co ATTEST: ~~Ck~<J0 CitY Clerk ( Corp~~~~I~a}}11 f;"~o'! NTOI\t 1'% ~ "C e~~!i\5>aG$l> <!) ~ ..!f. "b~f'OF{.q~... ~ ~ ~ (l~0 ~17. -p -:;. _:: ~ !~ 9,. 0 -= =~: i:I:= ~~o\ i:$ s:R~\Bid A~rd\~I~~rovem~ 061200 ~ "'l!l<ll"1ll Y' ,.~... r;: <'l 41i!ll801l01l!'} 'i' *' -?/''l/J J::'toP,\\) ~~~ ',I; fIn III il \\\\\\\\ , A The City of Boynton Beach 9- i...~.. J _._~_ , .. \ fl ' \,. 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 City Hall: (561) 742-6000 FAX: (561) 742-6090 NOTICE TO CONTRACTORS Sealed Bids for MASTER LIFT STATION REHABILITATION - LIFT STATIONS: 316. 317. 319. AND 356 BID#094-2821-00/CJD will be received by the City of Boynton Beach, Boynton Beach, Florida in PROCUREMENT SERVICES on or before SEPTEMBER 27.2000. no later than 2:30 P.M. (local time). ifby hand, including messenger or delivery service: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida Procurement Services ifby mail: P.O. Box 310, Boynton Beach, Florida 33425-0310 All bids received will be publicly opened and read aloud. Bids received after this time will NOT be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or the private couriers in regards to mail being delivered by the specified time so that a proposal can be considered. All bids will be submitted in a sealed envelope plainly marked on the outside of the envelope with the bid title, number, date and time. The City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid and no award has been made. A Pre-Bid Conference is scheduled for SEPTEMBER 6. 2000 at 2:00 P.M. (local time), to be held in the Conference Room at the Operations/Technical Building at 124 East Woolbright Road, Boynton Beach, Florida. Attendance is highly recommended and proof of attendance will be indicated by the bidder's signature or their appointee on the attendance sheet provided at the pre-bid meeting. The work to be performed. consists of, but is not necessarily limited to: Rehabilitation and reconfiguration of Master Lift Stations, #316, #317, #319 and #356. The major improvements for stations #316 and #319 includes replacement of 3 dry-pit submersible pumps, replacement of the emergency diesel generator, replacement of the electrical main service disconnect, transfer switch, main control panel and variable speed drives with a new electrical system, soft starts and control system, replacement of the pump suction and discharge piping, and replacement of the odor control system. The major improvements for section #317 includes removal of the existing jockey pump and installation of new large pump and jockey dry-pit submersible pumps and electrical and control system improvements. All of the lift stations will have a bridge crane installed. Nel Bidders may obtain plans, specifications, and Contract documents at the office of the Engineer, CH2M Hill, Inc., 800 FaiIway Drive, Suite 350, Deerfield Beach, Florida 33441. Any technical questions related to this project are to be directed to David Schuman. CH2M Hill. Inc.. 800 FaiIwav Drive. Suite 350. Deerfield Beach. Florida 33441. Telephone (954) 426-4008. Plans and specifications are available for a non-refundable charge of $ 120.00 per set. Additional sets of full size drawings may be purchased for a non-refundable charge of $50.00 per set. Bidder documents may be examined at the office of the Engineer or Procurement Services, City of Boynton Beach, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Bid specifications will be made available at the following: F.W. Dodge Reports, Ft. Lauderdale and Palm Beach Builders Exchange, Construction Market Data, Dodge Reports - Port St. Lucie. Bids shall be submitted, in triplicate, on the Proposal Form provided. No bids may be withdrawn for a period of ninety (90) days after the bid opening. Bids shall be accompanied by an acceptable 5% Bid Bond or Certified Check, if the bid amount exceeds $25,000, drawn upon any State or National Bank in Florida, made payable to the City of Boynton Beach, Florida, in the amount of 5% of the bid price, as a guarantee that the Contractor, if awarded the Contract, will enter into a written Contract with the City to perform this work. The bond will also contain provisions complying with and adopting Florida Statute 255.05, and shall be signed by the local Florida authorized agent of the Bonding Company. The City of Boynton Beach reserves the right to reject any or all bids, or to accept any bid as made by the most satisfactory responsible bidder. The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to be the best responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all bids and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an improper award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the best responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. CITY OF BOYNTON BEACH B~~~ ~. BILL ATKINS DEPUTY DIRECTOR OF FINANCIAL SERVICES NC2 MEMORANDUM TO: SUE KRUSE CITY CLERK BILL ATKINsJJ~1 SUBJECT: ADVERTISE FOR BID DEPUTY DIRECTOR OF FINANCIAL SERVICES DATE: August 25, 2000 FROM: Please advertise the following: "MASTER LIFT STATION REHABILITATION- LIFT STATIONS: #316, 317, #319, AND #356 BID #094-2821-00/CJD Sealed Bids will be received by PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310. A Pre-bid Conference is scheduled for: SEPTEMBER 6. 2000 at 2:00 P.M. at the Operations/Technical Building at 124 East Woolbright Road. Boynton Beach. Florida All bids are due on: SEPTEMBER 27. 2000. NO LATER THAN 2:30 P.M. (LOCAL TIME). SCOPE OF WORK: Rehabilitation and reconfiguration of Master Lift Stations #316, #317, #319, and #356. The major improvements for stations #316 and #319 includes replacement of 3 dry-pit submersible pumps, replacement of the emergency diesel generator, replacement of the electrical main service disconnect, transfer switch, main control panel and variable speed drives with a new electrical system, soft starts and control system, replacement of the pump suction and discharge piping, and replacement ofthe odor control system. The major improvements for section #317 includes removal of the existing jockey pump and installation of a new large pump and jockey dry-pit submersible pumps and electrical and control system improvements. All of the lift stations will have a bridge crane installed. Bidders may obtain bid documents at the office of the Engineer CH2M Hill, Inc. 800 Fairway Drive, Suite 350, Deerfield Beach, Florida 33441. Telephone number is (954) 426-4008. Plans and Specifications are available for a non-refundable charge of $120.00 per set. Additional sets may be purchased for a non-refundable charge of $50.00 per set. Bid documents maybe examined in Procurement Services, City of Boynton Beach, between 8:00 A.M. and 5:00 P.M., Monday through Friday. Bid specifications will be made available at the following: F.W. Dodge Reports, Ft. Lauderdale and Palm Beach Builders Exchange, Construction Market Data, Dodge Reports - Port St. Lucie. NOTE FOR CITY CLERK: Please advertise in the Palm Beach Post, and the Florida Photo News. cjd c: John Guidry - Utilities Director Barb Conboy - Procurement Specialist Mark Law - Deputy Director of Utilities Janet Prainito - Deputy City Clerk (Invitation and Memo only) File f., 0 0 ,,-?iJ CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 20_, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and WEST CONSTRUCTION. INC. a Florida Corporation ~ a Florida General Partnership L---> a Florida Limited Partnership L--J a Sole Proprietor L--J 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, had determined that the bid in the total amount of One hundred and thirty-one thousand. four hundred and ten dollars and no cents 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 May 25. 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: Bid Title: BOYNTON BEACH MUNICIPAL GOLF COURSE JOE DELONG IMPROVEMENTS Bid Number: #068-2910-00/CJD 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 $131.410.00. C-l 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance.with the conditions and prices as stated in the contract. conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall.be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the .conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein. contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above. mentioned. in a fIrst-class, substantial and workmanlike manner, aJ;1d in conformity with the detail for said work on file in the office of the City Engineer of the City and strictly in accordance with th~ 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 City Engineer of the said City, and in strict obedience with the directions which may be given by the 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 fmal payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and. clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with< the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. C-2 ~.niii 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 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 City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent 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 structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material 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. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until fmal 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 75 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 herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the special conditions or in other C-3 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 City Engineer in writing of names of subcontractors proposed. for principal parts of work, and for such others as City Engineer may direct, and shall not employ an that architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $250.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 7S 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 ?rotection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also . all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications n.ecessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being perfonned under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such. department, departments, owner -- C-4 ;"" or-owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 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 fe~s) 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 froin this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the.foregoing indemnification provision, as well. as the insurance provisions which are set forth in 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. 7.0 PAYMENTBYCITY 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. C-5 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 ex~as 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 Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the _CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: k C-6 1fI~ 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 Ifno 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, dire~t 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 Ep.gineer to determine the necessity. and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the . identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. C-7 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 aqtual 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; 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by.the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change. Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work sh;:dl 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 alJowed 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 BILL DEBECK. FACILITIES MANAGER. 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 shallt 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. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. C-8 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 connected herewith, and whenever any of the work in the contract is to be sl.lblet, 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 Attachment "A" . 10.2. Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, 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 to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEEANDWARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged .as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, 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 tenus 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, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and C-9 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, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and. Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice oftheCITY'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 qalance of the contract price; but not exceeding, including other costs and damages for which the Surety may. liable hereunder, the amount set forth in the first paragraph hereof The term "balance of ~e contract price",. as used in this paragraph, shall mean the total amount payable l>Y CITY to CONTRACTOR under the contract and any amendment$ thereto, less the amount properly paid by CITY to CONTRACTOR. 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 14.0 TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to . the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the contract. 15.0 REMEDY FOR DELAY ~ 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay C-IO ~ ........ 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. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made m accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall inclllde but shall not be limited to the architect, project manager and consulting engineers. C-ll 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 Mayor Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: Contractor President or the Vice President Attest as to Contractor C-12 - rJ.,n 0 - ?D 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 '--JJ1~{)~ \\\\\\ \\ II II Ii //111 ~,,\()"'. NTO,V IIII-'/. ~ ~~,.~""-' -.'J",t..109..",f';lo .,9 ~ ~ ....... .... ,,~~ ,'" .-, o~... " ~ Attest: ij':"'< /,:}:,\ .,;n-'?~~\"70'~ Approved as to Form: ~ --J t ~ ~ "!: ~ ::; >. ::;: ::: ?" . ~ ~i '~~~ \, '... '."'/')\'1":. f-Jvl? " / [' ;1 . (/ ~ ~.' \;1 ",."'-' $ .t.. \l,..j~ <~..,.,I " V'V '~..,.J:,~'y-'-'! ' \ ~ ~i;~"" ~';;' ,./, '" / .:.-J ./4 City Clerk %;, ;~;;~\<) \,,,~?f City Attorney /I 1/11//1111111n\\\\\\'.... \. , Signed, sealed and witnessed in the presence of: Contractor President or the Vice President Attest as to Contractor - , C-12 ,-- 7 ..., 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: 11/15/96 nc C-13