R96-085RESOLUTION NO. R96-,:¢...~-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA; APPROVING
THE AWARD OF A BID FOR THE RESURFAClNG
AND FILTER EQUIPME'NT
REPLACEMENT FOR WILSON
POOL TO ULTIMATE POOLS, INC.; AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, bids were received for the pool resurfacing and filter equipment
replacement at Wilson Pool; (Bid No. 025-721-967CJD)and
WHEREAS, the City Commission of the'City of Boynton Beach, Florida, upon
recommendation of staff, has deemed it to be in the best interests of the citizens
and residents of the City of Boynton Beach, Florida to award the bid to ULTIMATE
POOLS, INC., as the most responsive and responsible bidder meeting specs.
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 resurfacing and filter equipment
replacement at Wilson Pool, and authorizes and directs the Mayor and City Clerk
to execute a Contract between the City of Boynton Beach and Ultimate Pools, Inc.,
a copy of which is attached hereto as Exhibit "A".
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this /8 day of June, 1996.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Cor~mission,~~/~
/ Commissioner
/x~Commissioner
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proiect #025-721-96/CJD
CONTRACT
THIS AGREEMENT, made and entered into this ~/
day of
~6 , A.D. 19?~ , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and ULTIMATE POOLS, INC.
Florida Corporation
a Florida general partnership
a Florida limited partnership
a sole proprietor
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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, has determined that the bid
in the total amount of ONE HUNDRED AND THREE THOUSAND. NINE
HUNDRED DOLLARS AND 00/100 ($103.900.00) 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 9. 1996. 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 WILSON POOL RESURFACING & FILTER EOUIPMENT
REPLACEMENT. 311 N.W. 13TH AVENUE. BOYNTON BEACH. FLORIDA. 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 totalling ONE HUNDRED AND THREE THOUSAND. NINE
HUNDRED DOLLARS AND 00/100 $103.900.00.
2
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 wri tten
explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 All the work and labor performed under this contract shall
be performed, and all of the material furnished shall be, in strict
conformity with said plans and specifications, and contractor
accepts and consents to the conditions contained in said plans and
specifications and expressly agrees to comply with every
requirement and stipulation therein contained to be performed by
the party contracting to do said work.
2.3 THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and to do all the work above
mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detailS for said work on file in the office
of the 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 to the
satisfaction of the City Commission and the City Engineer of the
said CITY, and in strict obedience with the directions which may be
given by the said 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 wi th the provisions of Section 215.19,
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 specified 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.
3
Payment of monthly or partial estimates may be withheld until this
has been done to the satisfaction of the Ci ty 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 Ci ty Engineer shall
satisfy him-self, 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 Ci ty 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 structures 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 materials found not meeting the requirements of the
specifications hall 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 final completion and
acceptance thereof, and will be required to make good at his own
cost any damage or injury occurring from any cause.
3.0 COMMENCEMENT OF WORK
3.1 Contractor hereby agrees to commence work under this
contract on or before a date to be specified in the written "Notice
to Proceed" of the CITY and to fully complete the project within il
~ 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 provisions hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and
not as a penalty, in the amount stipulated therefore in the special
4
condi tions or in other contract documents for each and every
calendar day that the CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages
from any amount due, or that may become due the CONTRACTOR, or to
collect such liquidated damages from the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable, after signature
of contract, notify 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 any 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 wi thin il
calendar days from the commencement date to be indicated in the
written "Notice to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection
and continuous use of all existing sewers, conduits, drains, pipes,
buildings, walks, bridges, and other construction encountered, and
the prompt repairing of any damage done to them during the progress
of the work, or from insufficient support thereafter; also, all
filling, backfilling, tamping, ramming, puddling and consolidating;
the removal and disposal of all rubbish and surplus material; also
all pumping, bailing, draining, or unwatering of all excavations,
incidental to the execution of the work; also the furnishing of all
necessary labor, tools, equipment, materials and supplies, etc. and
the performance of the whole work mentioned in the detailed plans
and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the
suspension or discontinuance of the said work specified and a
faithful compliance with each and everyone 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 therewi th. 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
5
when they will be affected by the work to be performed under the
contract, and shall make all necessary arrangements wi th such
department, departments, owner or owners for the removal and
replacement or protection of such property or utitlies.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and
def end 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 and against any and
all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, damages, costs, expenses, and fees
(including without limitation reasonable attorney's and appellate
attorney's fees) of whatsoever kine or nature for damages to
persons or property caused in whole or in part by any act,
omission, or default of the City, its agents, servants, or
employees arising from this contract or its performacne. The
contractor and the City hereby agree and covenant that teh
Contractor has incorporated in its 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 provison 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 Article "A" herein. However, the indemnification provision,
and the insurance provison 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.
6
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 condi tions 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 Ci ty Manager or Ci ty Commission if required,
otherwise, no claim for extras will be allowed.
8.3 The General Contractor and all of his subcontractors shall
be apprised of, and familiar with, the following conditions and
procedures governing extra work under the Contract:
8.3.1
Any change order has to be recommended by the
City Manager and officially approved by the
City Commission before any steps are taken to
implement the change order.
8.3.2 Should the Contractor or any of his
subcontractors commence with his work without making
a claim in writing for unforseen extra workhe
encounters, it will be construed as an acceptance
and agreement by him that any suchwork is required
under the contract and no future claim for such
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 Ci ty Commission of Boynton Beach, if
necessary, which authorization will be signed
by the Mayor.
8.3.4
8.3.5
7
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.
Information regarding changes in the work
involving claims to the CITY for addi tional
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
8.4.2
8.4.3
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
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,
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 wri ting 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
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 allow
ability and eligibility of costs proposes.
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 rela ti ve to cos t 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. Aong the items considered as
general overhead are bonds,
insurance, incidental job burdens, supervision
and general office expenses.
8.4.3.6 In no case shall the Contractor's cost for
administeringsubcontracts exceed five (5)
percent of the subcontractors' cos t 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
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
9
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
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 the same was
ordered, in writing, as aforesaid and the claim presented at
the time of the first estimate after the work is completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be
BILL DEBECK. FACILITIES MANAGER
9.2 The Engineer shall have general supervision and direction
of the work. He is the agent of CITY only to the extent
provided in the contract documents and when in special
instances he has the authority by CITY to act, and in such
instances he shall, upon request, show CONTRACTOR written
authority. He has authority to stop the work 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, heshall 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 in connection herewith, and whenever any of the work
covered in the contract is to be sublet, CONTRACTOR'S contingent or
protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance
requirement schedule attached as Exhibit "A".
10
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 on construction equipment shall be equipped with mufflers, as
required by the Code of the Ci ty of Boynton Beach, and the
CONTRACTOR shall comply with all other requirements of this Code as
they pertain to prevention of noise. No pile driver, excavating or
other construction equipment, pneumatic hammer, derrick, the use of
which is attended by loud or unusual noise, shall be operated
between the hours of 6:00 p.m. and 7:00 a.m., except by written
permission of the City Manager, and then only in case of emergency.
11.0
GUARANTEE AND WARRANTIES
11 . 1 All the work shall be guaran teed 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
a t any time the Engineer shall certify in wri ting to the Ci ty
Manager that the performance of the work under the contract is
being unnecessarily delayed or that the CONTRACTOR is willfully
violating any of the conditions, provisions, or covenants of the
contract, plans or specifications, or that he is executing the same
in bad faith or otherwise not in accordance with the terms of the
contract; if the work be not fully completed within the time named
for its completion or within the time to which such completion date
may be extended; or if other just causes exist, then the City
Manager may serve ten (10) days' written notice upon the CONTRACTOR
of the intent to terminate the contract for the CITY and if the
contractor shall not, prior to the effective date of termination
set forth in such notice, take such measures as will, in the
judgement 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
11
CITY'S action and the Surety shall within ten (10) days of receipt
of said notice remedy the default or the surety shall as
expeditiously as possible:
12.1.1 Complete the contract in accordance with its terms and
conditions, or
12.1.2 Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon determination by
Surety and the CITY of the lowest responsible bidder, make
available as work progresses (even though there should be a default
or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract price; but
not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price", as
used in this paragraph, shall mean the total amount payable by CITY
to CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
13.0
CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR
shall supersede any and all documents executed between the parties
relative to the project. In the event of any inconsistencies the
terms, provisions and conditions set forth in the subject contract
shall supersede all other documents and shall be controlling.
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 an act or omission of the CITY, its agents or
employees.
12
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 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
presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
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Signed, sealed and witnessed
CONTRACTOR
in the presence of:
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State of Florida )
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County of Palm Beach )
Personally appeared before me duly authorized to administer oaths
ci JClr 01 cL E. ~))) (:\) I (l{-(~
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.
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My Commission Expires:
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W~~1 ~ Too J. Tanner
i*~ l"! P8( COMMISSION ICC54Oll98 EXPIRES
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fJ1ie City of
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100 'E. 'Boynton 'BUltfr. 'Boulevara
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'Boynton 'BUltfr., ~foritIa 33425.0310
City:Jlal1: (407) 375..(j()()()
~;U: (407) 375-6090
.
AUGUST 29,1996
ULTIMATE POOLS, INC.
4450 S.W. 61ST AVENUE - UNIT #8
DAVIE, FL 33314
A TIN: HAROLD E. MYNATT
J
RE: WILSON POOL RESURFACING & FILTER EQUIPMENT
REPLACEMENT BID#025-721-96/CJD
Dear Mr. Mynatt,
We are in receipt of your insurance requirements for the above mentioned projectt
Enclosed are the (ollowing items: a copy of your contract, 5% Bid Bond. a Notice-To-
Proceed and our Purchase Order # 12601
..
We thank you for bidding on this project and look forward to w..orking with you.
If you have any questions please feel free to call me at : (561) 375-6323.
-,)
Enclosures: Notice -To-Proceed, 5% Bid Bond, copy of Contract, Purchase Order
c:
Central File
Charlie Frederick
Bill DeBeck
File
Recreation Director
Facilities Manager
~merica's (jateway to tIU (julfstream
,-5/92
P!RPORHAlfCE BOlm
BOND NO, 53612
KNOW ALL MEN BY THESE PRESENTS: that Ultimate Pools. Inc.
(Here insert full name and
4450 S,W. 61st Avenue. Unit #8. Davie, FL 33314
addre~s or legal title of Contractor)
as Principal,
hereinafter called Contractor and, New York Surety Company - 80 Cutter Mill
(Here insert full name and address
Road, Great Neck. NY 11021
or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FL 33425-0310 as
:>bl i gee, hereinaft er ca 11 ed Owner, in the amount of One Hundred Three
Thousand. Nine Hundred-----------------------------jOOLLARS ($103,900.00*********),
for the payment whereof Contractor and Surety bind themselves, their
helrs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
~A/c= c:.:2/ 190./
, ~
Bid No, 025-721-96/CJD
Wilson Pool Resurfacing & Filter
entered into a contract with Owner for
Equipment Replacement. in accordance wi th Drawinqs and speci fi cati ons
prepared by CuJ...TYS ANa S,AJQLA,t ~^(;I/lJEJ;:'fJ..'1V1::-
, which contract is by reference made a part hereof, and
is hereinafter referred to as the Contract,
PEB-1
,(OW, THEREFORE, THE CONDITION or 'l'BIS OBLIGATIOll is such that, it
':ontractor shall promptll and faithfulll perform said Contract, then
this obligation shall be null and void; otherwise it shall remain in
full force and effect.
The Surety hereby waives notice of any alteration or extension of time
made by the Owner,
Whenever Contractor shall be, and declared by Owner to be in default
under the Contract, the Owner haVing perfo~ed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall
promptly:
1, Complete the Contract in accordance with its terms and con-
ditions, or
2, Obtain a bid or bids for completing the Contract in
accordance with its te~ and conditions, and upon
determination by Surety of the lowest responsible bidder, or,
if the Owner elects, upon determdnation by the Owner and t~e
Surety jointly of the lowest responsible bidder, arrange for
a contract between such bidder and Owner, and make available
as Work progresses (even though there should be a default or
a succession of defaults under the contract or contracts.of
completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the contract
~=ice: but not exceeding, including ot~~r costs and damages
for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of
the contract price," as used in this paragraph, shall mean
the total amount payable by Owner to Contractor under the
Contract and any amendments thereto, less the amount properly
paid by Owner to Contractor,
Any suit under this bond must be instituted before the expiration of one
(1) year from the date on which final payment under the Contract falls
due.
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the Owner named herein or the heirs,
executors, administrators or successors of the Owner.
PEB-2
this bond is issued in compliance with Section 255,05, Florida Statutes
(1~79), as may be amended. A claimant, except a laborer, who is not in
privity with the Contractor and who has not received payment for his
labor, materials, or supplies shall, within 45 days after be;inninq to
furnish labor, materials, or supplies for the prosecution of the work,
furnish the Contractor with a notice that he intends to look to the bond
for protection. A claimant who is not in privity with the Contractor
and who has not received payment for his labor, materials, or supplies
shall, within 90 days after performance of the labor or after complete
delivery of the materials or supplies, deliver to the Contractor and to
the Surety written notice of the performance of the labor or delivery of
the materials or supplies and the nonpayment, No action for the labor,
materials, or supplies may be instituted a;ainst the Contractor or the
Surety unless both notices have been ;iven, No action shall be
instituted against the Contractor or the Surety on the bond after 1 year
from the performance of the labor or completion of delivery of the
materials or supplies,
Signed and sealed this
14th
day of
August
, 19 96
Ultimate Pools, Inc~
Principal
(Seal)
~~~~~>r?
ltness
New York Surety Company
Sut:.et y
Tit~on
Attorney In Fact
(Seal)
END OF PERFORMANCE BOND
PEB-3
~-5/92
PAYMENT BOND
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL HEN BY THESE PRESENTS: that Ultimate Pools, Inc,
(Here insert full name and address
4450 S,W, 61st Avenue, Unit #8
Davie, FL 33314 as Principal, hereinafter called Principal,
or legal title of Contractor)
d New York Surety Company - 80 Cutter Mill Road, Great Neck. NY 11021
an ,
(Here insert full name and adresss or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto THE
CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON.BEACH, FL 33425-0310 as
Obligee, hereinafter called Owner, for the use and benefit of claimants
as herebelow defined., in the amount of One Hundred Three Thousand, Nine Hundred
---------------------------------------- DOLLARS ($103,900.00**), for the payment
""hereof Principal and Suret~. bind themsel ves, their hei rs, execu>,rs,
administrators, successors and assigns, jointly and severally, firmly by
these presents,
WHEREAS,
Principal has by written agreement dated
~A/c; d/
, 19~
entered into a contract with Owner for Wilson Pool Resurfacing & Filter
Equipment Replacement, Bid No. 025-721-96/CJD
accordance with
Drawings and specifications prepared by c.up..n.S ANo SINClJnR. E!J6lidl-7=fJ.Jfutr
which Contract is by reference made a part hereof, and is hereinafter
referred to as the Contract,
PAB-l
"OW, 'l'BEREPORE, THE COKDITIOK or 'l'BIS OBLIGATIO. is such that, if
rincipal shall promptly make payment to all elaimants as hereinafter
defined, for all labor and material used or reasonably required for use
in the performance of the Contract, then this obligation shall be void;
otherwise it shall remain in full force and effect, subject, however,
to the following conditions:
1, A claimant is defined as one haVing a direct contract with
the Principal or with a Subcontractor of the Principal for
labor, material or both, used or reasonably required for use
in the performance of the Contract, labor and material beinq
construed to include that part of water, gas, power, liqht,
heat, oil, qasoline, telephone service or rental of equipment
directly applicable to the Contract,
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration
of a period of ninety (90) days after the date on which the
last of such claimant's work or labor was done or performed,
or materials were furnished by such claimant, may sue on this
bond for the use of such cl aimant, prosecute the sui t to
final judqment for such sum or s~ as may be justly due
claimant, and have execution thereon, The Owner shall not be
liable for the payment of any costs or expenses of any such
sui t ,
3, No sui t or action shall be commenced hereunder by any
claimant:
a, Unless claimant, other than one having a direct contract
with the Principal, shall have given written notice to
any two of the following: the Principal, the Owner, or
the Surety above named, within ninety (90) days after
such claimant did or performed the last of the work or
labor, or furnished the last of the materials for which
said claim is made, stating with substantial accuracy
the amount claimed and the name of the party to whom the
materials were furnished, or for whom the work or labor
was done or performed. Such notice shall be served bf
mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the
Principal, Owner or Surety, at anf place where an office
is regularly maintained for the transaction of business,
or served in any manner in which legal process may be
served in the State in which the aforesaid project is
located, save that such service need not be made by a
public officer, -
PAB-2
b, After the expiration of one (1) year followinq th~ date
on which Principal ceased work on said Contract, it
beinq understood, however, that if any limitation
embodied in this bond is prohibited by any law
controllin9 the construction h~reof such limitation
shall be deemed to be amended so a. to be equal to the
minimum period of limitation pe~tted by such law.
c. Other than in a State Court of competent jurisdiction in
and for the County or other political subdivision of the
State in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is
situated, and not elsewhere,
4. The amount of this bond shall be reduced by and to the extent
of any payment or payments made in 900d faith hereunder,
inclusive of the payment by Surety of mechanics' liens which
may be filed of record against said improvements, whether or
not claim for the amount of such lien be presented under and
a9ainst this bond,
5, This bond is issued in compliance with Section 255.05,
Florida Statutes (1979), as may be amended, A claimant,
except a laborer, who is not in privity with the Contractbr
and who has not received payment for his labor, materials, or
supplies shall, within 45 days after be9inninq to furnish
labor, m..~t.erials, or supplies for the prosee..tion of the
work, furnish the Contractor with a notice that he intends to
look to the bond for protection, A claimant who is not in
privity with the Contractor and who has not received payment
for his labor, materials, or supplies shall, within 90 days
after performance of the labor or after complete delivery of
the materials or supplies, deliver to the Contractor and to
the Surety written notice of the performance of the labor or
delivery of the materials or supplies and of the nonpayment,
No action for the labor, materials, or supplies may be
instituted a9ainst the Contractor or the Surety unless both
notices have been 9iven. No action shall be instituted
against the Contractor or the Surety on the bond after one
(1) year from the performance of the lahor or completion of
delivery of the materials or supplies.
Signed and seal~s
~~~
w~ Principa. ' Seal)
Ul ~-
/ .
u~ ~'l"J
~itness Sure Seal)
14th
day of
August
, 19~.
END OF
PAB-3
New York Surety Company
Executive Offices
80 Cutter Mill Road
Great Neck, NY 11021
All authority hereby conferred, unless revoked earlier,
shall expire and terminate, without notice unless used
before midnight of December 31, 1996.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
Bond
N~
53612
That New York Surety Company
does hereby appoint: L' d F B n/M ' P' tIM' h 1 H B
m a . urto artm nsan Ie ae . urton
its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute,
sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings,
recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on
behalf of said Company and as act and deed of said Company, not to exceed ***Two Hundred
Fifty Thousand and xx/lOO($250,OOO.OO)Dollars** any single instrument.
IN WITNESS WHEREOF, New York Surety Company has executed these presents
STATE OF NEW YORK )
COUNTY OF NASSAU ) 5.5,:
On this 18th day of June ,19~ before me came
the above named officer of New York Surety Company of New York.
to me personally known to be the individual and officer described
herein, and acknowledged that he executed the foregoing instru-
ment and affixed the seal of said corporation thereto by authority of
his office,
ETH A. VASQUEZ
NOTARY BLlC, State of New York
No. 41-4968590
Qualified in Nassau County
Commission Expires July 2, 1996
THIS DOCUMENT IS VOID IF IT DOES NOT BEAR ORIGINAL SIGNATURE OF A COMPANY OFFICER,
QJ
CERTIFICATE
Excerpts of Resolutions adopted by the Board of Directors of New York Surety Company: March 31, 1987.
RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the Presi-
dent, or a Vice President of this Company hereby is authorized to appoint Attorneys-in-Fact to represent and act
for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach the corporate seal of the Company to such documents;
RESOLVED that the signature and attestation of such officer affixed to any such Power of Attorney must be original
in order that the said Power of Attorney be valid and binding upon this company; the seal of the Company and
any certification by the Company's secretary relating to such Power of Attorney may be affixed by facsimile.
RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing Resolutions are still in
effect and may insert in such certification the date of the certification but that date may not be later than the date
of delivery of the certification by the Attorney-in-Fact.
I, Diane E. Schrieber, Assistant Secretary of New York Surety Company, do hereby certify that the foregoing excerpts
of the Resolutions adopted by the Board of Directors of the corporation and the Powers of Attorney issued pursuant
thereto, are true and correct and that both the Resolutions and Powers of Attorney are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation
this 14th day of August ,1996.
~t~iO _ [.J(~I.L~Q-^-
Diane E. Schrieber, Assistant Secretary