REGULAR MEETING OF THE WELLINGTON VILLAGE COUNCIL

Wellington Council Meeting April 10, 2012 Page 51 of 384
28. LIABILITY INSURANCE: The bidder will assume the full duty, obligation and
expense of obtaining all insurance required. The City of Margate shall be
additional insured as indicated on sample insurance certificate. The bidder
shall be liable for any damages or loss to the City occasioned by negligence
of the bidder or its agents or any person the bidder has designated in the
completion of its contract as a result of the bid. The successful bidder shall
furnish to the Purchasing Division, City of Margate, 5790 Margate Blvd.,
Margate, Florida 33063 original certificates of insurance which indicate that
the insurance coverage has been obtained or otherwise secured in a manner
satisfactory to the City in an amount equal to 100% of the requirements
provided herein and shall be presented to City prior to issuance of any
contract(s) or award(s) document(s) which meets the requirements as
outlined on sample certificate. Additionally, any subcontractor hired by the
CONTRACTOR for this project shall provide insurance coverage as stated
herein. CITY shall not be responsible for purchasing and maintaining any
insurance to protect the interests of CONTRACTOR, subcontractors or others
on the Work. CITY specifically reserves all statutory and common law rights
and immunities and nothing herein is intended to limit or waive same
including, but not limited to, the procedural and substantive provisions of
Florida Statute 768.28 and Florida Statute 95.11.
29. IDENTICAL TIE BIDS: Refer to Attachment - Drug Free Workplace
Program Form.
30. CONFLICT OF INTEREST: For purposes of determining any possible
conflict of interest, all proposers must disclose if any City of Margate employee
is also an owner, corporate officer, or employee of their business. If such a
relationship(s) exist, the Proposer must file a statement with the Supervisor of
Elections, pursuant to Florida Statutes 112.313.
31. FORCE MAJEURE: Seller's failure to make, or buyer's failure to take, any
delivery or deliveries when due, if caused by Force Majeure as hereinafter
defined, shall not constitute a default hereunder nor subject the party so failing
to any liability to the other, provided however, the party affected by such Force
Majeure shall promptly notify the other of the existence thereof and its
expected duration and the estimated effect thereof upon its ability obligations
hereunder.
Such party shall promptly notify the other party when such Force Majeure
circumstances has ceased to effect its ability to perform its obligations
hereunder. The quantity to be delivered hereunder shall be reduced to the
extent of the deliveries omitted for such cause or causes, unless both parties
agree that the total quantity delivered hereunder remain unchanged. As used
herein, the term Force Majeure shall mean and include an ACT OF GOD or the
public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils
of the sea, strikes, lockouts, labor troubles, riots, sabotage, embargo, war
BID NO. 2012-008 12