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R98-011RESOLUTION NO. R98-?/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE HISTORICAL MANGROVE ELEMENTARY SCHOOL REMODELING (MUSEUM AND CULTURAL CENTER)(BID #027-711-98/CJD TO MouW ASSOCIATES, INC:; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND MOUW ASSOCIATES, INC., AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were opened on January 3, 1998, by the Purchasing Division and Mouw Associates, Inc., was selected as the lowest, most responsible, responsive bidder who met all specifications; and 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 Historical Mangrove Elementary School Remodeling (Museum and Cultural Center) at 141 East Ocean Avenue, Boynton Beach (Bid #027-711-98-CJD), to Mouw Associates, Inc., and authorizes the Mayor and City Clerk to execute an Agreement between the City of Boynton Beach and Mouw Associates, Inc., a copy of which is attached 'hereto as Exhibit "A". 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 does hereby authorize and direct the Mayor and City Clerk to execute a Contract between the City of Boynton Beach and Mouw Associates, Inc., for the Historical Mangrove Elementary School Remodeling (Museum and Cultural Center) , a copy of which is attached hereto as Exhibit "A." Section .... 2 This Resolution shall become effective immediately upon le, PASSED AND ADOPTED this ~ day of January, 1998. ATTEST: Cit,~Clerk CITY OF BOYNTON BEACH, FLORIDA Mayor // Vic~/layor % ~Ommissioner L;ommlssloner /7 '-�/ 1 CONTRACT THIS AGREEMENT, made and entered into this day of , A D 19, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and MOUW ASSOCIATES, INC. a Florida Corporation (_X_) Check One a Florida General Partnership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) 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 MILLION, ONE HUNDRED AND TWELVE THOUSAND, NINE HUNDRED DOLLARS AND 00 /100 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 _JANUARY 13, 1998, 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 HISTORICAL MANGROVE ELEMENTARY SCHOOL REMODELING (MUSEUM AND CULTURAL CENTER) AT 141 EAST OCEAN AVENUE, BOYNTON BEACH, 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 $1,112,900.00. 2• 1.2 Attached hereto and incorporated herein as Attachment #1 — Contract Delete Alternates 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, and 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 the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as 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 Engineer 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 forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY 3 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 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 of employee of the CITY, but the CONTRACTOR, shall be 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 substituted thereof All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR 2 1 1 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause 4 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 270 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 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 270 calendar days from the commencement date to be indicated in the written "Notice to Proceed " 5 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 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 necessary 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 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 shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities 6.0 INDEMNIFICATION 6 1 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 or whatsoever kind or nature arising from out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement 6 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 appellate attorney's fees) of whatsoever kind or nature for damages to ersons or proper ty caused in whole or in part by any act, omission, or default oi'�, its agents, servants or employees arising from this contract or its performance The CONTRACTOR and - . - - - _•• ' -• _ • ! .... _ • , • • -. .... 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 Article "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 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 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 7 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 appraised 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 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 in 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 8 4 2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR, or 8 4 3 By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY 8 4 3.1 The contractor shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed 8 4 3 2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles This system shall provide for the identification, 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 9 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 provided that the rental price shall no 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 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 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 ROBERT G. CURRIE PARTNERSHIP . 9 2 The Engineer shall have general supervision and direction of the work. He 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 10 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 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 sublet, CONTRACTOR'S contingent or protective liability and property damage insurance Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as exhibit "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 GUARANTEE AND WARRANTIES 11 1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance 11 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 contracts, 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, 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 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 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 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 12 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, 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 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 in accordance with the General and Special 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 13 IN WITNESS WHEREOF, the CITY has caused these presence 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 CITY OF BOYNTON BEACH, FLORIDA in the presence of Mayor 7 Attest Approved as to Form f ) C ity Clerk Cit e City Y Signed, sealed and witnessed Contractor in the presence of //, r President or the Vice President Attest as to Contractor 14 State of Florida ) ) ss County of Palm Beach ) Personally appeared before me duly authorized to administer oaths � �r �; rAQ \-' UJ 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 ` `` ►p ►NII U1lq�� Notary Public .O F.! .rha‘'' �M15Si0N � ,O � BER 2 '° • • 4 c *I CD x.46 CD •�= My Commission Expires Occ • 663 C.98 ; a -1 ,9.9'; 90 uedt ‘°: OQ� 11/15/96 nc 7 417 j S1 ►1 \ \\\ \`\` H11 ATTACHMENT #1 BID BASE $1,257,900 CONTRACT DELETE ALTERNATES ITEMS: TOTAL CONTRACT REDUCTION #1 STOA $52,000 #2 BUS STOP $31,000 (each) #3 PLAYGROUND RESTROOMS $66,000 — Delete #4 PALM COURT $29,000 — Delete #5 AMPHITHEATRE $50,000 — Delete TOTAL CONTRACT PRICE $1,112,900 #1 Provide and install new pine wood flooring as replacement for existing deteriorated wood floonng or as replacement for large areas of deterioration or areas which require replacement in order to provide register pattern to match existing. ADD $7.00 per lineal foot ADD $9 00 per square foot By V-)\-v•-c)\. Signature Richard Mouw Printed Name President Title (561) 276 -9640 Telephone Number Florida Contractor's License Number CGC 038463 CITY OF BOYNTON BEACH CITY ATTORNEY'S OFFICE 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH 33425 -0310 Phone (561) 375 -6050 Fax (561) 375 -6054 FACSIMILE TRANSMISSION COVER SHEET TO: Rick Moul FAX NUMBER: (561) 265 - 3886 ,4,711 /) FROM: Michael J. Pawelczyk Assistant City Attomey RE: 1913 Schoolhouse Construction Contract DATE: February 6, 1998 This facsimile transmission contains 1 page(s), including the cover sheet. As requested by city staff and yourself, Section 6.2 of the Agreement may be revised as follows (words, in strike-through type are to be deleted, and words in underlined type to be added): 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 ltnutation reasonable attomey's 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 tke CONTRACTOR, its subcontractnrg, its agents, servants or employees arising from this contract or its performance. . ' . • . . . .. - .. . • . _ • 1 . • ur• Y a • . • Please make the appropriate revisions directly to the contract form, and have an authorized signatory initial the changes to this section. Should you have any questions, please contact me. The Information contained in this facsimile message and the pages following are attorney privileged and confidential information 'intended only for the use of the individual or entity named above. If the reader of this message is not the Intended recipient. you are hereby notified that any dissemination. distribution, or copy of this communication is strictly prohibited. If you have received this communication In error, please immediately notify us by telephone and return the original message to us at the above address via the U S Postal Service Thank you If any problems occur in receiving this message, please call this office at (561) 375 -6050. c*\depta Jibraryischoolhousc • moul fax T l� �Cle'' -1 i �, i�� .. i 1 , r - - ^ T .7 r - i • � r - - T 1 -1 " n Tie City of Boynton Beach pY N� 100 E. Boynton Beath Boulevard �\ y ,�` » '$\ P.O. Box310 C f to) Boynton Beach, 9i ridu 33425 -0310 a City Haft (561) 375 -6000 < � % FAX:: (561) 375 -6090 NOTICE TO PROCEED TO: MOUW ASSOCIATES, INC. DATE: FEBRUARY 12, 1998 P.O. BOX 2690 DELRAY BEACH, FL 33447 -2690 ATTN: RICHARD MOUW PROJECT: BOYNTON BEACH CULTURAL CENTRE SCHOOLHOUSE, PARK & MUSEUM BID #027 - 711- 98 /CJD You shall commence WORK in accordance with the Agreement dated: JANUARY 13, 1998 on or before FEBRUARY 18, 1998 and you are to complete the WORK within 270 CALENDAR DAYS thereafter The date of completion of all WORK is therefore NOVEMBER 14, 1998. The Contractor's point of source for all activity relating to this project will be Contact Person: BILL DEBECK Department: FACILITIES MANAGEMENT Title: FACILITIES MANAGER Telephone: (561) 375 -6020 CITY OF BOYNTON BEACH Lana M Koester, Purc sing Agent ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY 1`'\ d.ANAJ Date Print Name Signature Title c Central Nil File America's Gateway to the Guffstream THE AMERICAN INSTITUTE OF ARCHITECTS VINO AM Document A312 Performance Bond Bond No. 16- 002 -820 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Mouw Associates, Inc. Liberty Mutual Insurance Company 409 NE 3 St. 175 Berkley St. Delray Beach, FL 33483 Boston, MA 02117 OWNER (Name and Address): City of Boynton Beach, Florida PO Box 310 Boynton Beach, FL 33425 -0310 CONSTRUCTION CONTRACT Date: Amount: $1,112,900.00 Description (Name and Location): Historical Mangrove Elementary School Remodeling - Museum and Cultural Center at 141 East Ocean Avenue, Boynton Beach, Florida BOND Date (Not earlier than Construction Contract Date): January 27, 1998 Amount: $1,112,900.00 Modifications to this Bond: )] None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Mouw Asso c Inc. Liberty Mutual Insurance Company Signature: 1r-�• G`. Signature: '/`�"�j�'' eaCCa Name and Title: Name and Title / M ary C. Aceves, Attorney -in -Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Collinsworth, Alter, Nielson, Fowler & Dowlmg, Inc other party): 5979 Northwest 151st Street, No 105 Miami Lakes, Florida 33014 (305) 822 -7800 AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER t%4 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS. 1715 NEW YOU AVE.. N.W„ WASHINGTON, D.C. 20006 A312 -1984 1 THIRD PRINTING • MARCH 1967 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter - successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract, which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety The its address described Contractor remedy available to the Owner. If the Surety proceeds as tY Paragraph and P below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract; and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the formally terminated the aredracto Contractor a o to complete Owner under the Construction Contract. To the limit of the Y right P amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract, the Sure - the Surety have received notice as provided in Sub - ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and•re- 4 When the Owner has satisfied the conditions of Para- suiting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 63 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam - 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non- perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con - tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a lions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default, or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety retuses or fails reasonable promptness under the circumstances. to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail - ALA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA a THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE . N W . WASHINGTON. D C. 20006 A312 -1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety, the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- behalf by all Contractor and proper r the Construction made to or on behalf of the Contractor under the Conn struction Con - nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per - Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con - 12.1 Balance of the Contract Price: The total amount B Balance the Owner Contract the Contractor under the tractor as required by the Construction Contract or to payable Y perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature. Signature: Name and Title: Name and Title: Address: Address: AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIA 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE . N W , WASHINGTON. D C 20006 A312 -1984 3 THIRD PRINTING • MARCH 1967 THE AMERICAN INSTITUTE OF ARCHITECTS rpm MOM rt P4/ •j_ .11 AlA Document A312 Payment Bond Bond No. 16 -002 -820 Any singular reference to Contractor, Surety, Owner or other parry shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Mouw Associates, Inc. Liberty Mutual Insurance Company 409 NE 3 St. 175 Berkley St. Delray Beach, FL 33483 Boston, MA 02117 OWNER (Name and Address): City of Boynton Beach, Florida PO Box 310 Boynton Beach, FL 33425 -0310 CONSTRUCTION CONTRACT Date: Amount: $1,112,900.00 Description (Name and Location): Historical Mangrove Elementary School Remodeling - Museum and Cultural Center at 141 East Ocean Avenue, Boynton Beach, Florida BOND Date (Not earlier than Construction Contract Date): January 27, 1998 Amount: $1,112,900.00 Modifications to this Bond: 0 None ® See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Mouw Associates, Inc. Liberty Mutual Insurance Company Signature: �t r?� ^ -��. �• Signature: l�[il4.�.G Name and Title: Name and Title: r C. Aceves, Attorney Y � Y (Any additional signatures appear on page 6) (FOR INFORMATION ONLY — Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Collmsworth, Alter, Nielson, Fowler & Dowling, Inc other party): 5979 Northwest 151st Street, No 105 Miami Lakes, Flonda 33014 (305) 822-7800 ALA DOCUMENT 4312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED. • AIA a THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N W.. WASHINGTON. D C. 20006 A312 -1984 4 THIRD PRINT :` :C • MARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract; which is incorpo- 6.1 Send an answer to the Claimant, with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor. 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior - 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat under this Bond until: ed to the Construction Contract The Owner shall not be liable for payment of any costs or expenses of any Claim - 4.1 Claimants who are employed by or have a direct ant under this Bond, and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor. obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating, with date (1) on which the Claimant gave the notice required by substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate - materials were furnished or supplied or for vials or equipment were fumished by anyone under the Con - whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12) and address shown on the signature page sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con - Owner to the Contractor or to the Surety, that is suffr- forming to such statutory or other legal requirement shall cient compliance be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1964 ED • AIA. THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE N W WASHINGTON, DC 20006 A312 -1984 5 THIRD PRINTING • MARCH 1 987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS the Construction Contract: The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay fhe Con - intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms "labor, materials or equipment" that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: THIS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255 05 OR SECTION 713.23 FLORIDA STATUTES, WHICHEVER IS APPLICABLE, ARE INCORPORATED HEREIN BY REFERENCE. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title. Name and Title: Address: Address: AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W , WASHINGTON, D C. 20006 A312-1984 6 THIRD PRINTING • MARCH 1987 THIS POWER OF ATTORNEY IS NOT' '.ID UNLESS IT IS PRINTED ON RED BACK(' 1UND. 3 42782 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts mutual insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint, CHARLES J. NIELSON, MARY C. ACEVES, ALL OF THE CITY OF MIAMI LAKES, STATE OF FLORIDA , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY Mflt ION*******'** *Irk * * * * *** * ************ * ** DOLLARS ($ 50,000,000 * * * * * *** ** ) each, and the execution of such bonds or c>a undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by . the secretary of the Company in their own proper persons. ca O . That this power is made and executed pursuant to and by authority of the following By -law and Authorization c a) • ARTICLE XVI - Execution of Contracts: Section 5 Surety Bonds and Undertakings u) ( fl An officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such .0 a N limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety as obligations Such attorneys-in-fact, sub ect to the limitations set forth in their respective powers of attorney, shall have full power to bind the ca _�. 9 1 P p P = (0 company by their signature and execution of any such instruments and to attach thereto the seal of the company When so executed such — o co instruments shall be as binding as if signed by the president and attested by the secretary , 1- C 7 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: a) W y > Pursuant to Article XVI, Section 5 of the By -laws, Assistant Secretary Garnet W Elliott is hereby authorized to appoint such attorneys -in -fact p n <rs as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, = o a) = O bonds, recognizances and other surety obligations Q M 4 a .N That the By -law and the Authorization above set forth are true copies thereof and are now in full force and effect. L - 0 O a- ID C .., S■ IN WITNESS WHEREOF, this instrument has been subscribed by its authorizer ecer and the corporate seal of the said Liberty Mutual Insjrance to C d Company has been affixed ttte Plymouth Meeting, Pennsylvania this day of December , 19 y a E C a s N I', LIBER MUTUAL INSURANCE COMPANY t p ii, ». �, Ct e%c .�✓vV N .- C1 �1 C C t '. By Garnet W Elliott, Assistant Secretary 'a 3 C C -o 2 COMMONWEALTH OF PENNSYLVANIA ss -0 > O co COUNTY OF MONTGOMERY C o 19th December 96 CV CV To C On this day of A D 19 , before me, a Notary Public, personally came the individual, known to co > w me to be the therein desc + >: 9 idual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- L cal C ged that he executed , arixe a ,. the seal affixed to the said preceding instrument is the corporate seal of said company, and that said corporate c c/ z V seal and his signatu • - - '• • . ;.f:}• . • -`'7 was duly affixed and subscribed to the said instrument by authority and direction of the said company o c .6.4 V r IN TESTIMO + „ - REOF, f -- �. s et my hand and affix my official s at Plymou / $ Meeting, P . , the day and year first above written o or �a G�/4.41, ,_ 'AL. _ , t. , , , : , i Notary Public /P / VSY1N .C., - = CERTfFtCATE I, the undersigne., a tont" - etary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c• -c copy, is in full force and effect on the date of this certificate, and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By -laws of Liberty Mutual Insurance Company This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980 VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 27th day of January , 19 98 ~. sistant .ecretary December 19 98 THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI• : - E AFTER , 19 __ City of Boynton Beach. QY NT 100 E. Boynton Beach Boulevard '� OZ P.O. Box310 ,; 4 to , Boynton Beach, Florida 33425 -0310 City Hal! (561) 375 -6000 " V! iA FAX: (561) 375 - 6090 February 12, 1998 MOUW ASSOCIATES, INC P O BOX 2690 DELRAY BEACH, FL 33447 -2690 ATTN RICHARD MOUW RE: BOYNTON BEACH CULTURAL CENTRE SCHOOLHOUSE, PARK & MUSEUM BID# 027 - 711- 98 /CJD Dear Representative We are in receipt of your insurance requirements, executed contract, and Performance and Payment Bond for the above mentioned project Enclosed are the following items Original Contract, 5% Bid Bond, Purchase Order # 16057 and the Notice To Proceed (in duplicate) Please sign the Notice To Proceed on behalf of your company, keep the original for your records, and return the copy to me as soon as possible If you have any questions please feel free to call me at (561) 375 -6323 Sincerely, 4 �;.. —, � ? / I na I o aster ' �/ urchasing A • ens / cid Enclosures Contract 5 "o Bid Bond. Purchase Order ti 16057 Notice lo Proceed (in duplicate) c John Wildner - Recreation/Parks Acting Director Bill DeBeck - Facilities Manager Virginia Faracc Library Director Cenirral File File America's Gateway to the Guffstream CITY OF BOYNTON BEACH FACILITIES MANAGEMENT DIVISION P.O. BOX 310 - 222 N.E. 9th Avenue Boynton Beach, FL 33425 -0310 TRANSMITTAL LETTER PROJECT: 1913 Schoolhouse Museum (Mangrove Elem.) DATE: October 13, 1998 (Name, Address) TO: MOUW ASSOCIATES, INC. ATTN: Richard Mouw 409 N.E. 3 Street Delray Beach, FL 33483 WE TRANSMIT: (X) herewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( ) approval ( ) distribution to parties ( ) information ( ) review & comment (X) records ( ) use ( ) THE FOLLOWING: ( ) Drawings ( ) Shop Drawing Prints ( ) Samples ( ) Specifications ( ) Shop Drawing Reproducibles ( ) Product Literature (X) Change Order #5 ( ) COPIES DATE REV. NO. DESCRIPTION REMARKS: Purchasing will be forwarding you the P.O. revision for this Change Order as soon as possible. Copy: Robert Currie Partnership Virginia Farace,Library Director Purchasing, Finance, City Clerk Files CHANGE Distribution to: ORDER OVVNER T 0 A/A DOCUMENT G701 CONTRACTOR 0 • FIELD 0 OTHER 0 PROJECT: Boynton Beach - 1913 SchooMouse Museum CHANGE ORDER NUMBER: 5 (name, address) 129 E. Ocean Ave. Boynton Beach, FL 33425 INITIATION DATE: 8 -5 -98 TO (Contractor): r . ARCHITECT'S PROJECT NO: 950614.00 Mouw Associates, Inc. CONTRACT FOR: Lump Sum 409 NE 3rd Street Delray Beach, FL 33483 L J CONTRACT DATE: 2 -18 -98 You are directed to make the following changes in this Contract: Supply all labor, material, equipment and supervision to make the following electrical changes: a. Revise the computer plan to include•12 wiremold floor outlets, 6 floor junction boxes, and associated conduit. Each floor box to be on seperate 20 amp circuit $ 12,340.00 b. Install approximately 80' of 4" PVC for city communications $ 615.00 $ 12,955.00 OH & P $ 647.75 Total $ 13,602.75 Not valid until signed by both the Owner and Ardtitect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) OCIIIMMUNIZAHMIXONalge was S 1,112,900.00 Net change by previously authorized Change Orders $ 8,879.66 The (Contract Sum) montousemasiouncene prior to this Change Order was $ 1,121,779.66 • The (Contract Sum) EIMMX01111101MOLIMONOGIKO will be (increased) Ce4f06iii de) 61 Ed) by this Change Order $ 13602.75 The new (Contract Sum) including this Change Order will be $ 1 , 135, 382 . 41 The Contract Time will be (ifdfiiiiie) f NNI led) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is 11-28-98 Authorized: — W rt Irri atrtmersh i F . �Q �Asssoci City of Boyntr r, r h A �34 1 st Ave 409 1�: M Street 1 OWNER F Arymf'rrt Aoo_n nl Address Address Address Defray Beach, FL 33444 Delray Beach, FL 33483 Boynton Beach, FL 33425 BY ,i BY T � —�, 41 OA 8 • / • DATE C I ` \c !_. E 4111 oll Yr AIA DOCUMENT GM • CHANGE ORDER • APRIL 197$ EDITION • AIA• • • 19711 G701 _ 1978 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINGTON, O.C. 2000 — CITY ATT N " c': CAREY& OH • GE ORDER ELECTRICAL CONTRACTORS, INC. 221 S.E. 6fii Avenue Number 4 BOYNTON BEACH, FL 33435 1) 3.5600 • FAX (561) PHONE °ATE EC 0900000 EC O:0141 e I June 11, 1998 JOG NAME /LOCATION TO BOYNItT BEACH HISTORICAL SCI H, MOUW AS93CIAMES JOG HUMMER 1 JOe PHONE EXISTING CONTRACT NO 1 047E OR EXISTING CONTRACT We hereby agree to make the change (s) specified below: Install 4" pvc extending from telephone board to handhole located west between 2 buildings, approximately 80'; Labor $275.00 Equipment rental 160.00 Materials 180.00 TOTAL LABOR, EQUIPMENT RENTAL AMID MATERIALS $615.00 NOTE: This Change Order becomes part of and in conformance with the existing contract. WE AGREE hereby to make the change(s) specified above at this price c $ 615. 00 oA June 11 1998 PREVIOUS CONTRACT AMOUNT $ AU 7, ' T'= A UR (CONTRACTOR) r 1 \ /2,2 REVISED CONTRACT TOTAL $ .' e1 eii•1' � �� i rz _« _ _- - er ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac- Date of acceptance cepted. AN work to be performed under same terms and conditions as specified in original contract unless other- Signature wise stipulated. (OWNER) - CAREY CH�1GE ORDER EY & KNUTH ELECTRICAL CONTRACTORS, INC. 221 S.E. 61i Avenue Rumba 2 BOYNTON BEACH, FL 33435 j PHONE ( oATE (561) 733 -5600 • FAx (561) 733-3379 Ju ne 11th, 1 998 EC 0000809 EC 0001418 JO. NAME /LOCATION TO BOYN HOCH HISTORICAL saw., Mouw Associates JOO NUMBER 1 JOS PHONE EXISTING CONTRACT NO I OATE OP EXISTING CONTRACT II We hereby agree to make the change(s) specified below: t Computer system conduits and floor box outlets; Install 12 AF -1 wiretttold floor outlets; Each outlet to contain 2 duplex receptacles and 4 data ports; 6 - 12 x 12 x 16 in floor junction boxes for computer runs; 1 - 2" pvc conduit from computer roan to each junction box; 2 - 3/4" ent conduit from pull box to each floor outlet; 1 3/4" ent to each floor box for power; Each floor box an separate 20 amp. circuit; i ! Labor $4,995.00 Materials 7,345.00 i TAI, LABOR ANOMATERTAT S $12,340.00 1 i i 11 ii li ■ NOTE: This Change Order becomes part of and in conformance with the existing contract. 1 WE AGREE hereby to make the change (s) specified above at this price c $ 12,34C. 00 DATE June 11th, 1998 PREVIOUS CONTRACT AMOUNT $ AUT 2!7 TURF /CONTRACTOR) /�^ REVISED CONTRACT TOTAL $ // 'GREGORY . t /Treasurer -\ \\ ACCEPTED — The above prices and specifications of this Change Order are satisfactory and are hereby ac- Date of acceptance cepted. All work to be performed under same terms and conditions as specified in original contract unless other- Signature OWNER1 \ wise stipulated. (OWNER1 6:4; capi-- CITY OF BOYNTON BEACH FACILITIES MANAGEMENT DIVISION P.O. BOX 310 - 222 N.E. 9th Avenue Boynton Beach, FL 33425 -0310 TRANSMITTAL LETTER PROJECT: 1913 Schoolhouse Museum (Mangrove Elem.) DATE: August 31, 1998 (Name, Address) TO: MOUW ASSOCIATES, INC. ATTN: Richard Mouw 409 N.E. 3` Street Delray Beach, FL 33483 WE TRANSMIT: (X) herewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( ) approval ( ) distribution to parties ( ) information ( ) review & comment (X) records ( ) use ( ) THE FOLLOWING: ( ) Drawings ( ) Shop Drawing Prints ( ) Samples ( ) Specifications ( ) Shop Drawing Reproducibles ( ) Product Literature (X) Change Order #4 ( ) ,:tea REMARKS: Purchasing will be forwarding you the P.O. revision for this Change Order as soon as possible. Copy: Robert Currie Partnership Purchasing, Finance,peity Clerk Files CHANGE Distribution to: ORDER ARCHITECT ° a • MA DOCUMENT G701 CONTRACTOR 0 • HELD O OTHER O PROJECT: Boynton Beach - 1913 Schoolhouse Museum CHANGE ORDER NUMBER: 4 (name, address) 129 E. Ocean Ave. Boynton Beach, FL 33425 INITIATION DATE: 8 -5 -98 TO (Contractor): ' ARCHITECTS PROJECT NO: 950614.00 �Mouw Associates, Inc. CONTRACT FOR: Lump Sum 409 NE 3rd Street • Delray Beach, FL 33483 J CONTRACT DATE: 2 -18 -98 You are directed to make the following changes in this Contract: To install new window units, to replace ones damaged by vandals Palm City Millwork and Supply Company $ 3,050.68 Stark .Supply, Inc. $ 200.00 Subtotal $ 3,250.68 OH & P $ 162.50 Total $ 3,413.18 Not valid until signed by both the Owner and Architect - Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) 0013iirdfillINAGBANdellalW was $ 1,112,900.00 . Net change by previously authorized Change Orders $ 5,466.48 The (Contract Sum) (00XCMINlintatkollionla prior to this Change Order was $ 1,118,366.48 The (Contract Sum) will be (increased) K(uR41810 J d) by this Change Order $ 3,413.18 The new (Contract Sum) inducting this Change Order will be $ 1,121,779.66 The Contract Time will be Otexenerj) (d1Jewaide) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is 11-18-98 Authorized: prItIck _ 1rri P P trtnarah i p Tnc. Mauna Associates, Tnr. of Bovntr,r, BPac -h AtifiEr 1st Ave 409 NE 3rd Street lnn OWNER F3 yrn±`rxh APac�h R_ Address Address Address Delray Beach, FL 33444 Delray Beach, FL 33483 Boynton Beach, FL 33425 .1a BY /1.�/i 2: /i` OA 8. / ` 8 DATE / ! C \ J O DATE AIA DOCUMENT CNN • CHANCE ORDER • APRIL 1975 EDITION • AIA• • O 1975 THE AMERICAN INSTITUTE OF ARCHITECTS. 173$ NEW YORK AVE.. N.W.. WASHINGTON. D.C. 30of16 G701-1978 ' r o• . "�: PALM CITY MILLWORK AND SUPPLY COMPANY ii iti 3313 S.W. 42nd Avenue • P.O. Box 1661 Palm City, Florida 34991 : '`�'''' ^9" =``� • (561) 288 -7086 F.C.B. 3 ` ~ T : P L P N L-iaN FAX: (561) 288 -7440 TERMS : COD MOUW & ASSOC. INC - BOYNTON CULTURE CENTER S P.O. BOX 2690 S O T DELRAY BEACH, FL 33483 T - 4 OYNTON BEACH - z3,: '_ L O 1 O = _ - : ,'i , D P ..._ ` CUSTOMER P.O. ORDER DATE SALESPERSON DELIVERY DATE DELIVERY INFORMATION ORDER NUMBER >WDW 05/14/98 08 —GLEN PEARL 06/18/98 ...7 X17_, — QUANTITY QUANTITY RACK I ORDERED I SHIPPED ORDL■, = x7c "'o5;0; 1 1 WEATHER SHIELD 8 78. 0. • '��- 28 78.00 2 EA — WINDOWS — "A" UNITS — TILT DOUBLE HUNGS SUBTOTAL: ='i 2878.00 SALES TAX: ..i . _172.68 INVOICE TOTAL: ' 3050.68 f O l * WOOD DUST * FLAMMABLE AVOID EYE CONTACT Prolonged Skin Contact May Cause Allergic Response. Prolonged Inhalation May Cause Respiratory Irritation. Avoid Contact With Oxidizing Agents And Drying Oils. his is a conditional sales & service charge - Title to the merchandise described herein shall remain vested in the seller, notwithstanding delivery or possession thereof, and title hereto halt not pass to the purchaser until all sums due under this contract are fully paid. Returns subject to a 25% restocking charge. Special orders are non - cancellable & non - returnable luyer is an authonzed representative OR WE AGREE TO PAY a full monthly finance charge of 1 1/2% (18% A P R ) ON ALL PAST DUE ACCOUNTS. AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF HF SI IRMITTFf1 f R6rirr noon Ir^arinni TFORAC rli IC TS-IC ,nTL1 OACT r11 1C 71-1C ICT1J 06/23/1998 15:57 5615862262 PALM CITY MILLWORK PAGE 01 Stark Supply, he. INVOICE 6001 Georgia Avenue, # 9 June 23,1998 West Palm Beach, FL 33405 Office: 561 -586 -2280 Fax: 561 -586 -2262 Bill To: Project: Moues & Associates Boynton Beach Cultural Center 409 NE 3 Street Delray Beach, FL 33483 Boynton Beach, FL 33480 Quantity Item Description Amount Installation of Weather Shield Window Sashes Contract Amount ..S 200.00 Total Amount Due S 200.00 Thank you for your business! 1 CITY OF BOYNTON BEACH FACILITIES MANAGEMENT DIVISION P.O. BOX 310 - 222 N.E. 9th Avenue Boynton Beach, FL 33425 -0310 TRANSMITTAL LETTER PROJECT: 1913 SCHOOLHOUSE MUSEUM DATE: July 16, 1998 (Name, Address) TO: MOUW ASSOCIATES, INC. ATTN: Richard Mouw 409 N.E. 3rd STREET Delray Beach, FL 33483 WE TRANSMIT: (X) herewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( ) approval ( ) distribution to parties ( ) information ( ) review & comment (X) records ( ) use ( ) THE FOLLOWING: ( ) Drawings ( ) Shop Drawing Prints ( ) Samples ( ) Specifications ( ) Shop Drawing Reproducibles ( ) Product Literature (X) Change Orders 2 &3 ( ) COPIES DATE REV. NO. DESCRIPTION REMARKS Attached you will find copies of the approved Change Orders #2 & #3; you will be receiving an updated Purchase Order that will reflect the changes. Copy: Robert Currie Partnership, Inc. Purchasing Finance City Clerk Files CHANGE Distribution to: ORDER O1NNER o MA DOCUMENT C701 CONTRACTOR 0 , FIELD 0 OTHER 0 . PROJECT: Boynton Beach - 1913 Schoolhouse Museum CHANGE ORDER NUMBER: 2 (name, address) 129 E. Ocean Ave. Boynton Beach, FL 33425 INITIATION DATE: 5 -22 -98 TO (Contractor): 6 ' 30- 99 i tv ' . ARCHITECTS PROJECT NO: 950614.00 i Mouw Associates, Inc. CONTRACT FOR: Lump Sum 409 NE 3rd Street Delray Beach, FL 33483 L J CONTRACT DATE: 2 -18 -9 8 You are directed to make the following changes in this Contract: Provide all labor, material, supervision and equipment to make the following cabinet and door changes: 1. Revised gift shop cabinetry $ - 369.00 2. Add louvered doors and hardware in rooms #206 & #207 $ 2,061.00 3. Change wood doors at opening #11 to hollow metal and add transoms to doors #10 hnd #21 $ 854.00 4. Credit for deletion of door #5 and closet partition $ - 720.00 5. Delete hollow metal doors and frames in the attic and add 30" x 30" access panels $ - 257.50 Total $ 1,568.50 Not valid until signed by both the Oversee and Architect. Signature of the Contractor indicate his agreement her. with, including any adjustment in the Contract Sum or Contract Tune. The original (Contract Sum) OGIIIIROMNIIM111011111121110 was $ 1,112,900.00 . Net change by previously authorized Change Orders $ _ 4,350.30 The (Contract Sum) (OCION81111101MUMIX83.1 prior to this Change Order was $ 1,108,549.70 . The (Contract Sum) 311311111MOMMXIMMONSIMILOMO will be (increased) Qfaiiiira Ifdf liaardne 1,568.50 by this Change Order $ . The new ( C o n t r a c t Sum) induding this Change Order will be $ 1 ,1 1 0 ,1 1 8 .2 0 . The Contract Time will be (lnameed) (decreased) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is . Authorized: - ,-t- CIirri _ i F_ Tr . ii0tUq ASBecisltflal _ Imo _ of AIZtntrn 1st Ave %TYE% Street 1 OWNER artfrd'r,r, P ear •h Wheel r Address Address Address Delray Beach, FL 33 44 Delray Beach, FL 33483 Boynton Beach, FL 33425 BY 111 • ,� bh........ .. 4Ltd ff 1 ..1: DATE (0 3 0 c 1, t�►TE d i ASA DOCUMENT 6751 • CHANGE ORDER • APRIL 1975 EDITION • AIA• • • 7975 G701 1975 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W., WASHINGTfNd. D.C. ]DOOR BOYNTON BEACH -1913 SCHOOLHOUSE MUSEUM Change Order #2 CMI OH & P Total 1. Credit for Gift Shop cabinet revisions $- 369.00 2. Add for three (3) full louvered bathroom doors and hardware not included in the original door schedules a. Bay to Bay Millwork - louvered doors $1,049.00 $ 52.00 $1,101.00 b. Dade Contract Hardware - hardware $ 251.00 $ 13.00 $ 264.00 c. Bayview Painting - painting $ 225.00 $ 11.00 $ 236.00 d. Labor to install $ 225.00 $ 34.00 $ 259.00 e. Supervision & Project Mgmt. $ 175.00 $ 26.00 $ 201.00 2,061.00 3. Change doors at opening #11 to hollow metal and add transoms to doors #10 & #21 a. Atlantic Doors & Hardware - h.m.doors $ 460.00 $ 23.00 $ 483.00 transoms $ 490.00 $ 24.00 $ 514.00 b. Bay to Bay Millwork - credit for wood doors $- 371.00 $ 0.00 $ 371.00 c. Sapphire Glass - transom glass $ 138.00 $ 7.00 $ 145.00 d. Supervision & Project Mgrnt. $ 72.00 $ 11.00 $ 83.00 $ 854.00 4. Delete door #5 and closet partition 1. 3' -0 "x 7'- 0 "s.c. wood door $- 270.00 2. Dade Contract Hardware $- 195.00 3. Bayview Paint $ - 75.00 4. Partition - material 24 sf x $ 1.25 $ - 30.00 5. Labor $- 150.00 $- 720.00 5. Delete hollow metal doors and frames in the attic mechanical room and add 30" x 30" access panels 1. Atlantic Doors & Hardware $- 257.50 TOTAL $1,568.50 b;19802co02 CHANGE Distribution to: ORDER OWNER CT 0 MA DOCUMENT 0701 CONTRACTOR 0 FIELD OTHER 0 PROJECT: Boynton Beach - 1913 Schoolhouse Museum CHANGE ORDER NUMBER: 3 (name. address) 129 E . Ocean Ave. Boynton Beach, FL 33425 INITIATION DATE: 5 - 29 - 98 TO (Contractor): 6 - 30 - 98 Rev. '' ARCHITECT'S PROJECT NO: 950614.00 I Mouw Associates, Inc. CONTRACT FOR: Lump Sum 409 NE 3rd Street • Delray Beach, FL 33483 J CONTRACT DATE: 2 -18 -98 You are directed to make the following changes in this Contract: Provide all labor, material, supervision and equipment to make the following changes: 1. Additional window for the stairwell - not scheduled or shown on the floor plan. $ 1,936.28 2. Relocate the electric service to the west side of the high school building. $ 3,876.00 3. Additional ductwork per the revised air conditioning plan (dated 4- 15 -98). $ 2,436.00 Total C.0.3 $ 8,248.28 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates Ms agreement herewith. including any adjustment in the Contract Sum or Contract Tune. The original (Contract Sum) was $ 1,112,900.00 Net change by previously authorized Change Orders $ - 2,781.80 The (Contract Sum) (OCKORMIMIIMMIMMUMMMUI prior to this Change Order was $ 1,110,118.20 - The (Contract Sum) Sammxteadcaomonarago will be (increased) (rsoeesed) trswh•wged) by this Change Order $ 8,248.28 The new (Contract Sum) induding this Change Order will be $ 1,118,366.48 - The Contract Time will be (increased) (deeseesed) 4wtehsells ►by fourteen ( 14 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: m 1!1 d o T t�t As Af l et Ave av9 :3rd Street OWNER 2=V012 T•BaCh Al vri Address Address Address Delray Beach, FL 33444 Delray Beach, FL 33483 BoyZ Beach, FL 33425 Al I mg 7�� &M BY 47 VAI-- ) ' 7. DATE _I 4 1111 DATE J! • AM DOCUMENT G7e1 • CHANCE ORDER • APRIL 1975 EDITION • MA* • • 1975 G701 — 1978 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. N.W.. WASHINCTON. D.C. 2170AI. Boynton Beach -1913 Schoolhouse Museum CHANGE ORDER #3 1. Supply and install one 39" x 42" double -hinge window in the stairwell that was not scheduled on sheet A4.01 or shown on the floor plan: CD51 OH & P Total a. Palm City Millwork - VVeathershield Windows $1,498.84 $ 75.00 $1,573.84 b. Stark Supply - Labor to Install $ 250.00 $ 12.00 $ 262.00 c. Supervision & Project Management $ 87.44 $ 13.00 $ 100.44 $1,936.28 2. To relocate the electric service from the location shown on the plan to the transformer on the west side of the high school: a. Carey & Knuth Electrical $3,500.00 $175.00 $3,675.00 b. Supervision & Project Management $ 175.00 $ 26.00 $ 201.00 $3,876.00 3. Supply and install additional ductwork per the revised air conditioning plan (dated 4/15/98): a. Bradley Air Conditioning $,200.00 $110.00 $2,310.00 b. Supervision & Project Management $ 110.00 $ 16.00 $ 126.00 $2,436.00 b:\9802co3 CITY OF BOYNTON BEACH FACILITIES MANAGEMENT DIVISION P.O. BOX 310 - 222 N.E. 9th Avenue Boynton Beach, FL 33425 -0310 TRANSMITTAL LETTER PROJECT: 1913 Schoolhouse Museum (Mangrove Elem.) DATE: May 19, 1998 (Name, Address) TO: MOUW ASSOCIATES, INC. ATTN: Richard Mouw 409 N.E. 3rd Street Delray Beach, FL 33483 WE TRANSMIT: (X) herewith ( ) under separate cover via ( ) in accordance with your request FOR YOUR: ( ) approval ( ) distribution to parties ( ) information ( ) review & comment (X) records ( ) use ( ) THE FOLLOWING: ( ) Drawings ( ) Shop Drawing Prints ( ) Samples ( ) Specifications ( ) Shop Drawing Reproducibles ( ) Product Literature (X) Change Order #1 ( ) x `oau }.T key• � yt * {V Y "x� � �"'� "oEP , a YB ArS"' z ; "A°ri+ - REMARKS Purchasing will be forwarding you the P.O. revision for this Change Order as soon as possible. Copy: Robert Currie Partnership Purchasing, Finance, City Clerk Files CHANGE Distribution to: ORDER OWNER ❑ ARCHITECT ❑ AMA DOCUMENT G701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: Boynton Beach - 1913 Schoolhouse Museum CHANGE ORDER NUMBER: 1 (name, address) 129 E. Ocean Ave. Boynton Beach, FL 33425 INITIATION DATE: 4 -6 -98 TO (Contractor): ARCHITECTS PROJECT NO: 950614.00 � Mouw Associates, Inc. CONTRACT FOR: Lump Sum 409 NE 3rd Street Delray Beach, FL 33483 CONTRACT DATE: 2 -18 -98 You are directed to make the following changes in this Contract: 1. Delete and add paver sidewalks, precast coquina and curbing ( $ 3,016.30) 2. Credit for Builders Risk Insurance ( $ 4,000.00) 3. Add traffic control arrows & stop bar $ 230.00 4. Remove and replace east and west stairs $ 2,436.00, Total Credit ( $ 4,350.30) Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was $ 1,112,900.00 Net change by previously authorized Change Orders S 00.00 - The (Contract Sum) (OOMORKetititROW403.11 prior to this Change Order was $ 1,112,900.00 The (Contract Sum) ISM will be (decreased) (klICk40840) by this Change Order $ ( 4,350.30) . The new (Contract Sum) ( pj eesfibl bessmE3pst) including this Change Order will be S 1 , 1 08 , 5 4 9 .7 0 The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is 11 -14 -98 - Authorized: pr4,rart f irr•i r � r f nrarah i R Dv- . Zk uw Associates, Inc. ! of Bpyr r n Bea[!h A f 1st Ave NE Xd Street 1 OWNER Aciyaton Peach P1 vr3 Address Address Address Delray Beach, FL 33444 Delray Beach, FL 33483 Boynton Beach, FL 33425 8Y �f v ��� By BY G app- DATE 5- dff DATE 6 - ` f DATE chi/ J MA DOCUMENT 6781 • CHANCE ORDER • APRIL 1978 EDITION • AGO • 0 1978 C701 — 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 173$ NEW YORK AVE.. N.W.. WASHINGTON. O.C. 20004 -- - - ri+ut w. Coast to Closet Farming, Inc. March 24, 1998 MOUW ASSOCIATES, INC. 409 Northeast Third Street Delray Beach, FL 33483 ATTN: Mr. Ken Whittaker RE: 1913 Schoolhouse Museum Dear Ken: Please issue a change order in the amount of$1,428.00 to install new stairs at East and West entry in lieu of repairing existing. Any questions, please call. Sincerely, /442, 0............. ............„ J. David Hutchins President JDH/ro 10191 Lantana Road • Lake Worth. Flcflda 33467 • Lie: CGC 008398 W.P.B. 1-561-968-4141 • FAX 1- 561- 968.73I4 I I v... .o.av , • , q L 7i.W hM Pay. 1 Cf 1 t . J WILDCAT 954798 -9922. Fax March 9, 1998 Via Fax #561 -265 -3886 Mouw Associates 409 N.E. 3r Street Delray Beach, FL 33483 Attention: Mr. Ken Whitaker Re: Boynton Beach School 141 East Ocean Avenue Boynton Beach, Florida Subject Potential Change #1 Job #S -7551 Gentlemen: Per your request, we are pricing the following extra work: demolish and remove two exterior concrete stairways. it For this extra work, we will require an additional $J6< SA If you have questions about this correspondence, please do not hesitate to contact the undersigned. Sincerely, WILDCAT DEMOLITION CONTRACTORS Stuart Roberts Contract Administrator AG ED AND ACCEPTED THIS 9 DAY OF MARCH, 1997 ouw Associates , s. op sir* • Walkw °r' a '"'" PROPOSAL/ ♦ . W► ♦ Walkways •peo:;::M Pool Deets ACCEPTANCE Polies STONE AGE PAVERS, INC. Commercial O. lox 75675$ Phone (5N) 766-343: a..ldw .n< N o P Corm Sprelps, Ft. 33071 Fell ($6e) 766-11312 Licensed a Insured MOFOSAL 6V$YRte0 TO Mauve Aeaociates Inc. 276 -9640 DATE 1!27/'98 "TV. Box 2690 J06 3oynton Beach Elementary School crrv. s7AT6 ANO sr eooe ' JO• �'p" • Dekay Bzeac6, Fl 33447 -2690 Ocean Ave. i Boynton Beach OATh OF Pt.A"s rFax: N Currie /47 Ken whitaker 265 -3886 we *MEW 501W? st6CVVICA710N6 AND urbane FOR. CHANGE ORDER Pavers Install 78 post 12 "x12" Pavermodule accent pavers into eodsting 4 "herringbone" pattern Walkways as specified on plans. Color to be redhan/charooal. Ingraving, and re- installation After Ingraving not included. TOTAL $ 1,170.00 We Propose hereb to furnish material and labor — complete In accordance with above specfflcattone, for the sum of: dollars ( $ hrinent toes mods se follows PLEASE SEE PAGE TWO ON REVERSE FOR TERMS, CONDITIONS AND PLEASE SIGN. - 5x3449 1 54 78 P. e i • °r'».'°""`"' PROPOML/ • ■. • _ • _ 11 1.. Pella. STONE AGE PAVERS, INC. Oadwasedal Call s i ps. a LN....� a Insured Fix Me 71.1102 Assidensloil .gOnoa.r.a0lIMMIs Po 'MrOre Atom A be_ X6.940 I MTt 1/27 P.O Box 2690 ZelosikethEiressy &iooi ancswemeopeoaa "Pro" Robert Cans . ti • wE aurOMR MCIPICanOrleffi IIMMAftMPOOR CHANGE ORDER OtigiaY1 Quantities New Qusr4tios Psvas 12,230 sf 11,870 sr Ism - 380 1981,038.00 Simulated Coquina 3,070 at 3,200 ma a -138 WS 235.00 Lime Rock 15,320 sf 15.070fif less - 242 IDS 96.80 Leas - 5899.80 We Propose hereby is awgdsh mslwiel and labor - comps* In according* van above apdsauons, toe t e suns CO: dons. (tt l Prpowe is be wade as Isamu PLEASE SEE PAGE TWO ON REVERSE FOR TERMS, CONDITIONS AND PLEASE SIGN. BOYNTON BEACH - 1913 SCHOOLHOUSE MUSEUM Change Order #1 1. Add and delete paver walks, precast coquina and curbing per revised site plan (Sheet A0.01 revised 3- 2 -98). a. Curb 415 I.f. @ $ 9.00/I.f. Credit $- 3,735.00 b. Shell rock 242s.f. @ $ .40 /s.f. Credit $ -96.80 c. Pavers 380s.f. (net) @ $ 2.73 Credit $-1,038.00 d. Precast Coquina Material 130s.f. @ $3.45/s.f. Add $ 448.50 Labor 130 s.f. @ $1.81 /s.f. Add $ 235.00 e. 12 x 12 Pavers 78 pieces Add $1.170.00 Total Credit $-3,016.30 2. Credit for Owner furnished Builders Risk Insurance $- 4,000.00 3. Add traffic control arrows and stop bar to the "Drop Off' drive per revised sheet A0.01 (3 -2 -98) $ 200.00 OH &P $ 30.00 Total Add $ 230.00 4. Remove, form and re -pour entrance stairs on the east and west sides of the schoolhouse. a. Wldcat Demolition $ 500.00 b. Coast to Coast Forming $1,428.00 c. Dean -up, Supervision and Project Manager $ 190.00 OH &P $ 318.00 Total Add $ 2,436.00 b: \+96020001 1