R11-087
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1 RESOLUTION NO. Rll-087
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3 A RESOLUTION OF THE CITY OF BOYNT BEACH,
4' FLORIDA, REJECTING THE SEVEN HIGHEST S AND THE
pi LOWEST BID; APPROVING THE AWARD AND XECUTION BY
~ THE INTERIM CITY MANAGER AND CI CLERK OF A
iT: CONTRACT TO WHARTON-SMITH, INC., OR BID #059-2821-
. I llrrWH, FOR "REGIONAL LIFT ST A TI AT PENCE PARK",
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9i IN THE AMOUNT OF $812,000 ITH AN OWNER'S
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1bl CONTINGENCY OF 10% IN THE A UNT OF $81,200 FOR A
\ 1~j TOTAL BUDGET APPROPRIA T N OF $893,000; AND
J~~ ~~ PROVIDING AN EFFECTIVE DA T . I
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1~1 WHEREAS, on June 23, 2011, R ocurement Services received and opened ten (10)
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1~1 bid proposals in response to #059-28 1-11/TWH for "Regional Lift Station at Pence Park"; i
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WHEREAS, the City,' staff and the City's Design Professional on this project, the !
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1p! Wantman Group, reviewe and evaluated the bid proposals; and
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2~1 · er an initial administrative evaluation of the ten bids, the Utilities
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2 ~ I Department has r ommended that the City Commission reject the seven (7) highest bids ; I
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W EREAS, as a result of the bid evaluation-due diligence performed by the
n Group, staff is recommending the award of the contract to Wharton-Smith, Inc., of
was the most responsive, responsible bidder who met all
WHEREAS, the City Commission of the City of Boynton Beach upon
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2ti recommendation of staff, deems it to be in the best interest of the citizens of the City of
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I !I Boynton Beach to award and authorize execution of a contract with Wharton-Smith, Inc., for
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3~1 Bid #059-2821-11 ITWH "Regional Lift Station at Pence Park", in the amount of $812,000
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rl with an owner's contingency of 10% in the amount of $81.200 for a to
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~I appropriation of $893,200.
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rl NOW, THEREFORE, BE IT RESOLVED BY THE CITY
!! THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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hi Section 1. The foregoing "Whereas" clauses are here y ratified and confirmed as
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i! being true and correct and are hereby made a specific part 0 this Resolution upon adoption
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yl hereof.
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Section 2. ity of Boynton Beach, Florida does 1
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~i hereby award and authorize execution by the terim City Manager and City Clerk of a I
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1b, contract with Wharton-Smith, Inc., for Bid 059-2821-1l/TWH "Regional Lift Station at
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H Pence Park", in the amount of $812,000 ith an owner's contingency of 10% in the amount
1~, of $81,200 for a total budget approp' ation of $893,200, a copy of which is attached hereto
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1~! as Exhibit "A".
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14: Section 3. This ~solution shall become effective immediately upon passage.
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~i PASSED AND ADOPTED this 4th day of October, 2011.
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~! CITY OF BOYNTON BEACH, FLORID I
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~i Mayor - Jose Rodriguez I
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- Steven Holzman !
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1~1 ATTEST: !
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Janet M. Prainito, MMC ,
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2~i City Clerk I
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Rll-OB7
BID TITLE: "REGIONAL LIFT STATION
AT PENCE PARK PROJECT"
BID NUMBER: 059-2821-111TWH
PROJECT NUMBER: SWR1l4
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this day of , 20_, by
and between the CITY OF BOYNTON BEACH, a municipal corg ration of Florida,
hereinafter called the "CITY" or "OWNER" and _Wharton-Smith, In of Sanford, FL ~
a Florida Corporation CX~ Check One
a Florida General Partnership L-)
a Florida Limited Partnership (_)
a Sole Proprietor (~
hereinafter called "CONTRACTOR".
WHEREAS, The CITY has heretofore inv' ed bids for a CITY construction project
("Project") identified by the bid title, bid number 6 project number listed above and commonly
referred to as:
REGIONAL LIFT ST A TI AT PENCE PARK PROJECT
WHEREAS, CONTRACTOR III compliance with the bidding requirements announced
by the City, submitted a bid on the _23_ day of _June _, 2011_, for the total bid amount of
$ _812,000.00
WHEREAS, On the day of , 2011_, the City Commission designated
CONTRACTOR as having s mitted the bid that was most advantageous to the CITY and
authorized the execution of t . s Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without int ption within 270 calendar days as specified in the Notice to Proceed,
subject to CITY appro ed time extensions.
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NOW, THtREFORE, in consideration of these premises and the mutual conditions and
covenants contain.e'd herein, the parties agree as follows:
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Utilities Department Revised 9-19- I 0
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY hereby hires the CONTRACTOR
services for completion of the Project.
1.1.3. The CONTRACTOR hereby accepts this Contract and agrees
necessary labor, tools, equipment, materials and suppli , etc., and to
complete the Project by performing all the work as et forth in this
Contract and the Contract Documents for the price a amounts set forth
in CONTRACTOR'S bid.
1.1.4. CONTRACTOR is an independent contractor that term is set forth in
the General Conditions for Constructio GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improve ents described and set forth in the Contract
Documents.
2.2. The "Contract Documents" ar the compilation of the following individual
documents which are hereby t listed in any order of precedence.
2.2.1. Advertisement for B'Ss
2.2.2. Instructions for Bi aers
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Con Itions for Construction (GC) - all references to "GC" shall
be to secti n numbers
2.2.6 Special onditions for City Furnished Materials
2.2.7 Terms nd Conditions for City Furnished Materials
2.2.8 Cons ction Contract
2.2.9 Ce ficate of Insurance
2.2.1 0 P lic Construction Bond
2.2.11 echnical Specifications
2.2.1 Contract Drawings and Plans
~ Addenda
2. ') .14 Written directives or interpretations
2 .15 Manufacturers warranties
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3. OBLIGATIONS OF CONTRACTOR
3.1. CONTRACTOR shall:
3.1.1. 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 Documents.
3.1.2. Perform all the work and labor pursuant to this contract. All 0 the
materials furnished shall be in strict conformity with the ntract
Documents. CONTRACTOR further accepts and consents to the nditions
contained in said Contract Documents and expressly agrees to mply with
every requirement and stipulation therein contained.
3.1.2.1. Comply with provisions in Special Conditio
Conditions for City Furnished Materials.
3.1.3. Furnish all tools, equipment, materials and supplie and to do all the work
above mentioned in a first-class, substantial and orkmanlike manner and
in conformity with the detail for said work file in the office of the
Project Manager and strictly in accordance wi the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subc tractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or subcont ctor' s supplying of material to
CONTRACTOR and shall mainta' records to establish such notice. A
copy of said notice shall be provo ed to the City's Project Manager at time
of issuance.
3.1.5. Guarantee all work and m erials for a period of one (1) year, as set forth in
the General Conditions or Construction GC-24, WARRANTY. Warranty
period shall commen with date of final acceptance as set forth in the
Technical Specifi ations for Construction 01700, EXECUTION
REQUIREMENT.
3.1.6. of Section 255.05, Florida Statutes, if
3.1. 7. Pay pro ptly, before final settlement, any and all claims or liens by
subcon actors or material suppliers, incurred in and about this work.
3.1.8. Re ve and clean up all rubbish, debris, excess material, temporary
str ctures, tools and equipment that may have been used or worked on by
t e CONTRACTOR in connection with the project promptly from streets,
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Utilities Department Revised 9-19-10
alleys, parkways and adjacent property as such section or portion
completed and ready for use, leaving the same in a neat and presen
condition.
3.1. 9. Observe and comply with the provisions of the charter, ordina
and regulations of the City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontrac
in the CONTRACTOR'S bid document.
3.1.11. Perform such other tasks as set forth in the Contract
3.1.12. Provide all required bonds, insurance certifica s and any other required
security for performance of the Project withi ten (10) days of the A ward
of the Project.
3.2. The CONTRACTOR will be held responsi e for the care, protection and
condition of all work until final completion d acceptance thereof, and will be
required to make good at CONTRACTO S own cost any damage or injury
occurring from any cause resulting from eir acts or omissions, or the acts or
omissions of their subcontractors or sup lers.
4. CITY'S OBLIGATIONS
4.1. The CITY shall provide a writte otice to Proceed at the time of the scheduled
Pre-Construction Meeting.
4.2. The CITY shall make tim y payments for the work in accordance with the
procedures and time frame set forth in the Contract Documents.
4.3. On satisfactory comple on of the Project. the CITY shall provide a written final
acceptance and paym t for the entire project.
5. COMMENCEMENT OF
5.1. Prior to comm cement of work, the City and Contractor shall negotiate and agree
upon Contra or's per diem direct job site costs and home office overhead costs.
The negof ted amounts shall be used for purposes of determining the
compensa on to be paid to Contractor for a suspension, field change directive, or
any oth instance wherein GC-23, EXTENSION OF TIMEINO DAMAGES
FOR LAY does not apply. In order to facilitate an agreement as to amount,
Contr ctor agrees to permit the City to audit records which establish Contractor's
dire job site costs and home office overhead.
T e City and Contractor shall attach an addendum to this Contract which sets
tI rth the negotiated amounts. If the parties are unable to reach an agreement for
uch costs within 60 days of the City selecting Contractor for the Project. the City
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shall be entitled to discontinue all discussions with Contractor, select another
contractor, or cancel the bid entirely. In such an instance, the awarded Cont ctor
shall not be entitled to receive any funds from City for costs incurred fr the
time of its bid to the time of the City's decision not to utilize Co ractor's
services. Contractor shall not be entitled to any damages or compe tion as a
result of Bidder's reliance on its award of the bid.
5.2. CONTRACTOR hereby agrees to commence work under this c tract within ten
(l0) calendar days of the Commencement Date specified in th itten "Notice to
Proceed," and to achieve Substantial Completion without in rruption within 270
calendar days thereafter.
5.3. With respect to this Contract, time is of the ess ceo . In the event the
CONTRACTOR shall fail to (1) timely commence t e work following Notice to
Proceed or (2)fail in the performance of the wor specified and required to be
performed within the time limit set forth in the ntract, after due allowance for
any extension or extensions of time made accordance with the Contract
Documents, the CONTRACTOR shall be table to the CITY for liquidated
damages the amount stipulated in Section b.O hereinbelow for each and every
calendar day that the CONTRACTOR hall be in default of achieving of
Substantial Completion.
5.4. CONTRACTOR shall notify the Pro' ct Engineer in writing of any change in the
names and addresses of each subc tractor proposed for principal parts of work,
and any changes in subcontractor from those proposed in CONTRACTOR'S bid
proposal, and for such others the Project Engineer may direct, and shall not
employ any subcontractor tha CITY may, within a reasonable time, object to as
incompetent or as unfit.
6. LIQUIDA TED DAMAGES
6.1. The CONTRACTOR grees to pay $2.000.00 per day as liquidated damages, for
failure to begin wi in ten (10) days of CITY'S issuance of the "Notice to
Proceed" or failur to achieve Substantial Completion within 270 calendar days
from the Comm cement Date as indicated in the written "Notice to Proceed".
The CITY sha have the right to deduct such liquidated damages from any
amount due, that may become due the CONTRACTOR, or to collect such
liquidated d ages from the CONTRACTOR or his Surety.
6.2. Punch list tems recorded as a result of inspections for Substantial Completion are
to be co ected by the CONTRACTOR within thirty (30) calendar days and prior
to any equest for Final Inspection, Testing and Acceptance as stated in the
Gener 1 Conditions for Construction (GC-50). If the Substantial Completion
punc list items have not been corrected by the CONTRACTOR within the thirty
(30 calendar day period, at the discretion of the Project Manager, Liquidated
D ages may be applied as described in Section 6 above.
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7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CIT
as more particularly set forth in the Technical Specifications for Construc n,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUC RE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDU S FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless an defend the CITY
pursuant to the provisions set forth in General Conditions tI r Construction, GC-
26 - INDEMNITY.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in cu ent funds for the performance
of the contract, subject to additions and deduct' ns as provided in the Contract
Documents.
9.2. The City reserves the right to negotiate y and all amounts contained in the
bidding and contract documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating t Contract, may order extra work or make
changes by altering, adding to deducting from the work. At the City's
discretion, the City may m e direct purchases of any materials and
equipment purchased for, or be incorporated into the Project, as determined
by the City.
CONTRACTOR HE Y ACKNOWLEDGES THAT HE HAS
READ AND UNDER ANDS THE ABOVE PROVISION.
INITIALS
All such work s 11 be executed under the conditions of the original Contract.
Any claim for tension of time caused thereby shall be made in writing at the
time such cha ge is ordered. Changes in the work must be processed as set forth
III the Ge eral Conditions for Construction GC-46, FIELD CHANGE
DIRECTI\T; S/CHANGE ORDERS. No Field Change Directive or Change Order
shall be thorized by the Project Manager if the Contractor has added language
to the eld Change Directive or Change Order or to any cover letter, e-mail,
facsi e, or other written document which accompanies the Field Change
Dire ive or Change Order in which the contractor attempts to reserve any future
ng or claim arising out of the work which is the subject of the Field Change
Di ective or Change Order. If the Contractor adds such language, the Project
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Manager shall secure specific written authorization from the City Manager's
office before executing the Field Change Directive or Change Order.
10.2 Change orders and adjustments shall be in writing and approved by the Pro
Manager, otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRAC OR upon
certified statement supported by receipted bills. Such stateme ts shall be
submitted for the current contract payment for the month in whic the work was
done. No claim for extra work shall be allowed unless sam was ordered, in
writing, as aforesaid and the claim presented at the time of th first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is David Brobst .E. Wantman GrOll Inc.
11.2. The Project Engineer shall have general super Ision and direction of the work.
The Project Engineer is the agent of the CIT only to the extent provided in the
Contract Documents and when in special i tances he has the authority by CITY
to act, and in such instances he shall, u n request, show CONTRACTOR such
authority in writing. He has authority 0 stop the work whenever such stoppage
may be necessary to insure the proper xecution of the Contract.
11.3. As the Project Engineer is, in the rst instance, the interpreter of the conditions of
the contract and the judge of it performance, he shall side neither with CITY nor
with CONTRACTOR, but all use his authority pursuant to the Contract to
enforce its faithful perform ce by both parties.
11.4. In the event of a d' pute, the role of the Project Engineer is to make
recommendations to t e Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contracto shall obtain and maintain insurance as set forth in the General
Conditions fI Construction GC-27, INSURANCE.
13.
13.1. This C ntract must be construed with all other Contract Documents, a master set
of w ch shall be maintained by the City Clerk of the CITY. In the event of a
dis te, only the master set of documents, or copies thereof certified by the City
C rk, shall be used as evidence.
13.2. jin the event of a conflict between the requirements or specifications set forth in
/ the Contract Documents, the conflict shall be resolved by written interpretation by
/ the Project Manager. In reconciling conflicting provisions of the Contract
/ Documents, the Contract shall have the greatest weight, followed by the General
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Conditions for Construction, technical specifications, and finally by the balance
of the Contract Document.
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to th times of
performance and completion of the work are for the purpose of enabli the CITY
to complete the construction of a public improvement in acco ance with a
predetermined program, all such time limits are of the essence of e Contract.
15. REMEDY FOR DEL A Y
15.1. In the event of any delay in the project caused by any act r omission of the CITY,
its agents or employees, by the act or omission of an other party other than the
CONTRACTOR, his agents, employees or subco actors, or delay caused by
weather conditions or unavailability of material the sole remedy available to
CONTRACTOR shall be by extension of th time allocated to complete the
project.
15.2. NO MONETARY DAMAGES SHALL E CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION TH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMIS ON OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR A NOWLEDGES THIS LIMITATION ON
RECOVER Y AND ASSUMES A MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR HERE Y ACKNOWLEDGES THAT HE HAS
READ AND UNDER ANDS THE ABOVE PROVISION.
INITIALS
15.3. of CONTRACTOR to timely process a request for an
extension of f e to complete the work shall constitute a waiver by
CONTRACT and CONTRACTOR shall be held responsible for completing
the work wit III the time allocated by this contract.
15.4. All requ sts for extension of time to complete the work shall be made in
accord ce with the General Conditions for Construction GC-23, EXTENSION
OFT EINO DAMAGES FOR DELAY.
15.5. F the purpose of this section, the phrase "the CITY, its agents and employees"
all include but shall not be limited to the Project Engineer and Project Manager.
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16. SUSPENSION
16.1. In accordance with the General Conditions for Construction C-19,
SUSPENSION, in the event of a suspension, CONTRACTOR agrees t t its sole
compensation shall be the per diem direct job site overhead as set orth in the
Schedule of Bid Items.
CONTRACTOR HEREBY ACKNOWLEDGES THAT EHAS
READ AND UNDERSTANDS THE ABOVE PROVIS N.
INITIALS
17. DISPUTES
17.1. Disputes shall be resolved as set forth in the Ge ral Conditions for Construction
GC-18, DISPUTES.
17.2. Upon resolution of a dispute ner, either party may request the
appointment of a mediator.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and t
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:
City Manager
Attest:
City Clerk
Signed, sealed and witnessed
in the presence of:
State of Florida
County of Palm Beach )
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described he ein or who has produced as
identification and w executed the foregoing instrument and has acknowledged before me that
they have executed e.
My com1n Expires: Notary Public
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PUBLIC CONSTRUCTION BOND
BY THIS BOND, We
and , a corporation, are
bound to City of Boynton Beach, herein called Owner, sum of
$ , for payment of which we bind our heirs,
personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
1. Performs the contract dated
for construction of , the contract being
made a part of this bond by reference, at the times a in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as de ed in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or s plies, used directly or indirectly by Principal
in the prosecution of the work provided for e contract; and
3. Pays Owner all losses, damages, expe es, costs, and attorney's fees, including appellate
proceedings, that Owner sustains bec se of a default by Principal under the contract; and
4. Performs the guarantee of all wor and materials furnished under the contract for the time
specified in the contract, then thO bond is void; otherwise it remains in full force.
5. Any changes in or under the ntract documents and compliance or noncompliance with any
formalities connected with e contract or the changes do not affect Surety's obligation under
this bond.
6. This bond is given to omply with Section 255.05 Florida Statutes, and any action instituted
by a claimant und~1 this bond for payment must be in accordance with the notice and time
limitation provis~~s in Section 255.05(2), Florida Statutes.
DATED ON
;' (Name of Principal)
BY:
(Name of Surety)
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Revised 10-21-05
CITY OF BOYNTON BEACH
WARRANTY OF TITLE
STATE OF FLORIDA
COUNTY OF , being first duly sworn, deposes and says
as follows:
He is of ,
(Title) (Name of Corporation or Firm)
a Florida Corporation ( ) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
which is named in Construction Contract dated the day 0 ,
20_, between said corporation as the CONTRACTOR and t City of Boynton Beach, Florida
as the OWNER, for construction of
and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named a ve.
Title to all work, materials and equipment overed by the attached Final Application for
Payment dated , pass s to the Owner at the time of payment free and
clear of all liens, and all laborers, materialme d subcontractors have been paid for performing or
furnishing the work, labor or materials on said Contract work covered by the aforesaid Final
Application for Payment.
This statement under oath is iven in compliance with Section 713.06 Florida Statutes.
Affiant
Sworn to and subscribed be
day of ,20 -
My Commis n expIres:
(S J:\L)
END OF WARRANTY OF TITLE
THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED
WITH FINAL APPLlCl\rHON FOR PAYMENT
Utilities Department Revised] 0-28-03