R12-082 11 .
1 RESOLUTION NO. R12- O8a.
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN
5 AWARD AND AUTHORIZING EXECUTION BY THE
6 INTERIM CITY MANAGER OF A CONTRACT FOR BID
7 #052 - 2510 -12 /JMA FOR REMOVAL AND INSTALLATION
8 OF LIGHTING AND ELECTRIC FOR THE BOARDWALK
9 AND LANDINGS FOR THE STORMWATER REGIONAL
10 FACILITY BASIN #1 TO T.J. BOWLES ELECTRIC CO.,
11 INC., OF BOYNTON BEACH, FL IN THE AMOUNT OF
12 $11,600 PLUS A 10% CONTINGENCY OF $1,160 FOR A
13 ; TOTAL PROJECT AMOUNT OF $12,760; AND
14 PROVIDING AN EFFECTIVE DATE.
151
16 WHEREAS, on June 28, 2012, Procurement received and opened three (3) bids in
17 response to Invitation to Bid #052- 2510 -12 /JMA "Removal and Installation of the
18 Lighting and Electric for the Boardwalk and Landings for the Regional Facility Basin #1 ";
19 and
20 WHEREAS, staff reviewed the bid proposals and it was determined that T.J. Bowles
21 Electric Co. Inc., was the lowest, most responsive, responsible bidder; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon
23 recommendation of staff, deems it to be in the best interest of the citizens of the City of
24 Boynton Beach to award and authorize execution of a contract with T.J. Bowles Electric Co.,
25 Inc., for Bid #052- 2510 -12 /JMA "Removal and Installation of the Lighting and Electric for
26 the Boardwalk and Landings for the Regional Facility Basin #1" in the amount of $11,600
27 plus 10% contingency of $1,160 for a total project amount of $12,760.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
29 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
31 as being true and correct and are hereby made a specific part of this Resolution upon
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1 adoption.
2 Section 2. The City Commission of the City of Boynton Beach, Florida,
3 hereby approves the award and authorizes the Interim City Manager to execute a Contract,
4 a copy of which is attached hereto as Exhibit "A ", with T.J. Bowles Electric Co., Inc., in
5 response to Bid #052- 2510- 12 /JMA "Removal and Installation of the Lighting and
6 Electric for the Boardwalk and Landings for the Regional Facility Basin #1" in the amount
7 of $11,600 plus 10% contingency of $1,160 for a total project amount of $12,760.
8 Section 3. That this Resolution shall become effective immediately.
9 PASSED AND ADOPTED this 21 day of August, 2012.
10
11 CITY (,F BOYNTON BEACH, F. ORIDA
12 1
13 /)G�'� , - c " I
14 Mayor —Well ; • • .. Ha
16
17 ' *ce ayor — Mack McC .
18
19
20 Commissioner —
21
• 22 ��^
23 e ... ` 'men Holzman
24
L - r —,y
25 „ / /. / /A� .' ' 4 ��
26 Commissioner Marlene ' oss
27 ATTEST:
28
29
30 . .
31 a! _ al i , i,
32 1 / Jan t M. Prainito, MMC
33 y y Clerk
34 �" y ' „ : ,
35 r+ t ; - ,=="*- ,,,,^
36 .` ' ,,;.
yq re n k ,
37 (f..o , Seal)
1
Do. t in Mows lnt r xplorer
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CONTRACT
THIS AGREEMENT, made and entered into this 10 day of Sep - ,
A.D. 2012, by and between the CITY OF BOYNTON BEACH, a municipal corporation of
Florida, hereinafter called the "City" and T.J. BOWLES ELECTRIC CO., INC.
a Florida Corporation (_ ) 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: Eleven Thousand Six Hundred Dollars (511,600.00) 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 June 28, 2012,
which is hereby incorporated by reference into this agreement, and the
CONTRACTOR does agree to furnish the necessary labor, tools,
equipment, materials and supplies, etc., and to perform all the work
provided in the bid, contract documents, bond documents, plans and
specifications for:
Bid Title: The Removal and Installation of the Lighting
and Electric for the Boardwalk and Landings
For the Regional Facility Basin #1
Bid Number: 052- 2510 -12 /JMA
City of Boynton Beach, Florida, all of which are incorporated herein by
reference at such unit paces /or lump sum prices as specified in
CONTRACTOR'S bid totaling $11,600.00
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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,
General Conditions for Construction, and Special Conditions for
Construction, 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 to the satisfaction of the City Commission and Project Manager of
the said City, and in strict obedience with the directions which may be
given by the City Manager or his authorized representative, at and for the
prices herein plainly set forth.
2.4 Upon receipt of written notification from the CITY, to correct any defective
or faulty work or materials which may appear within one (1) year after
completion of the contract and receipt of 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.
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.
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Payment of monthly or partial estimates may be withheld until this has
been done to the satisfaction of the Project Manager. 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 Project Manager 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 Project Manager is so satisfied, he shall recommend acceptance
thereof to the City Manager, who shall, if he agrees with such
recommendation, present the final payment application to City
Commission for review and vote to formally accept the project. The right
of general supervision of the CITY as hereinafter provided under
"authority of the engineer" shall not make the CONTRACTOR an agent or
employee of the CITY, but the CONTRACTOR, shall at all times, and in
all respects have the rights and liabilities of an independent contractor.
2.10 After the cleaning up of the work, premises, streets, alleys, manholes,
catch basins, or other areas of structure in anyway connected with the
performance of the contract, the work as a whole shall be inspected by
the Project Manager, and any workmanship or material found not meeting
the requirements of the specifications shall be removed by or at the
expense of the CONTRACTOR and good and satisfactory workmanship
or material substituted therefore. 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 21 calendar days following
the commencement date as specified in same.
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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 in the amount of $1,500.00
per day, as stipulated therefore in the General Conditions for Construction
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,
confirm with Project Manager in writing, the names of subcontractors as
originally proposed for principal parts of work, and for such others as
Project Manager may direct. Contractor shall not employ any
subcontractors that the Project Manager may, within a reasonable time,
object to as incompetent or as unfit.
4.0 PROTECTION OF EXISTING FACILITIES
4.1 The CONTRACTOR warrants that prices include the protection and
continuous use of all existing sewers, conduits, drains, pipes, buildings,
walks, bridges, guard rails and other construction encountered, and the
prompt repairing of any damage done to them during the progress of the
work, or from insufficient support thereafter; also all the filling, backfilling,
tamping, ramming, puddling and consolidating, the removal and disposal
of all rubbish and surplus material; also all pumping bailing draining or
unwatering of all excavations, incidental to the execution of the work; also
the furnishing of all necessary labor, tools, equipment, materials and
supplies, etc. and the performance of the whole work mentioned in the
detailed plans and specifications 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.
4.2 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 df 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,
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owner or owners for the removal and replacement or protection of such
property or utilities.
5.0 INDEMNIFICATION
5.1 The CONTRACTOR shall indemnify and save harmless and defend the
CITY, its agents, servants, and employees from and against any claim,
demand, or cause of action of whatsoever kind or nature arising out of
error, omission or negligent act of CONTRACTOR, its agents, servants,
or employees in the performance of services under this Agreement.
5.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its
agents, servants and employees from against any kind and all causes,
claims, demands, actions, losses, liabilities, settlements, judgments,
damages, costs, expenses, and fees (including without limitation
reasonable attorney's and appellate attorney's 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 the CITY, its agents, servants or
employees arising from this contract or its performance. The
CONTRACTOR and the CITY hereby agree and covenant that the
CONTRACTOR has incorporated in this original bid, which constitutes the
contract sum payable by the CITY to the CONTRACTOR, specific
additional consideration sufficient to support this obligation of
indemnification provided for in this paragraph. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable
and said provision shall be in compliance with Florida Statute 725.06.
5.3 The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as
well as the insurance provisions which are set forth in Attachment "A"
herein. However, the indemnification provision, and the insurance
provision contained in this Contract are not interdependent of each other,
each one is separate and distinct from the other.
5.4 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.
6.0 PAYMENT BY CITY
6.1 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.
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7.0 CHANGES IN THE WORK
7 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.
7.2 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
7 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:
7.3.1 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.
7.3.2 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.
7.3.3 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.
7.3.4 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.
7.3.5 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.
7.4 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:
7.4.1 By such applicable unit prices, if any, as are set forth in the
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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
Project Manager, the unit price shall be subject to review to
determine if a new unit price should be negotiated; or
7.4.2 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
7.4.3 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.
7.4.3.1 The CONTRACTOR shall submit sufficient cost and
pricing data to enable the Project Manager to determine
the necessity and reasonableness of costs and amounts
proposed and the allowability and eligibility of costs
proposed.
7.4.3.2 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.
7.4.3.3 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.
7.4.3.4 In no case shall fringe benefit costs on direct labor costs
exceed forty (40) percent of direct labor costs.
7.4.3.5 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.
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7.4.3.6 In no case shall the CONTRACTOR'S cost for
administering subcontracts exceed five (5) percent of the
subcontractors' cost not including subcontractors' profit.
7 4.3.7 Records of extra work done shall be reviewed at the end
of each day by the CONTRACTOR and the Project
Manager. 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 Project Manager and one copy retained by each.
7.5 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.
7.6 No Field Change Directive or Change Order shall be authorized by the
Project Manager if the Contractor has added language to the Field
Change Directive or Change Order or to any cover letter, e-mail,
facsimile, or other written document which accompanies the Field Change
Directive or Change Order in which the contractor attempts to reserve any
future right or claim arising out of the work which is the subject of the
Field change Directive or Change Order.
8.0 INSURANCE
8.1 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
Attachment "A ".
8.2 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.
8.3 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
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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.
9.0 TERMINATION OF CONTRACT
9.1 If the work to be performed under the contract is assigned by the
CONTRACTOR other than provided for herein; if the CONTRACTOR
should be adjudged as bankrupt; if a general assignment of his assets be
made for the benefit of his creditors; if a receiver should be appointed for
the CONTRACTOR or any of his property; if at any time the Engineer
shall certify in writing to the City Manager that the performance of the
work under the contract is being unnecessarily delayed or that the
CONTRACTOR is willfully violating any of the conditions, provisions, or
covenants of the contract, plans or specifications, or that he is executing
the same in bad faith or otherwise not in accordance with the 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, ensure the
satisfactory performance of the work, the City Commission and the City
Manager may declare the contract terminated on the effective date
specified in such notice, or any date subsequent thereto. In the event of
such termination, the City Manager shall notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and
stop work and cease to have any right to the possession of the ground
and shall forfeit his contract. Upon such termination, the City Manager
shall provide the Surety with written notice 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:
9.1.1 Complete the contract in accordance with its terms and conditions,
or
9.1.1 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
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used in this paragraph, shall mean the total amount payable by
CITY to CONTRACTOR under the contract and any
amendments thereto, Tess the amount properly paid by CITY to
CONTRACTOR.
10.0 CONTRACT CONTROLS
10.1 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.
11.0 TIME OF ESSENCE
11.1 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.
12.0 REMEDY FOR DELAY
12 1 In the event of any delay in the project caused by any act or omission of
the CITY, its agents or employees, by the act or omission of any other
party, or delay caused by weather conditions or unavailability of
materials, the sole remedy available to CONTRACTOR shall be by
extension of the time allocated to complete the project. No monetary
damages shall be claimed or awarded to CONTRACTOR in association
with any delay in the project caused by an act or omission of the CITY, its
agents or employees.
12.2 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
12.3 All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction.
12.4 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.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and
the CONTRACTOR has executed these presence the day and year herein before
written
Signed, sealed and witnessed in the
presence of
CITY OF BOYNTON BEACH, FL
City Manager
Attest r Appro ys to Form:
A
I. v I
J
City Clerk City • ttor y
Signed, sealed and witnessed T.J. BOWLES ELECTRIC CO., INC.
in the presence of:
ArP,@s
Preside or the ice Pre -r
5 ce Anti AlfiVIA■
l est s to Cont ctor
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MY COMM S S A CON IE #fi DD9904 97
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State of Florida )
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County of Palm Beach )
On this day of , 20 - personally appeared before me duly
authorized to administer oaths ( 3i \ -p • eow-o-cz
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: D( 1 19
; Y^ ; JOYCE MARIE ALLEN
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�• EXPIRES June 14, 2014
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