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R95-044RESOLUTION NO. R95-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE EAST WATER TREATMENT PLANT WINDOW AND GENERATOR ROOM RENOVATIONS TO MBR CONSTRUCTION, INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND MBR CONSTRUCTION, INC., AND PROVIDING ANEFFECTIVE DATE: WHEREAS, bids were opened for the East Water Treatment Plant Window and Generator Room Renovations project on February 22, 1995; 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 (No. 026-401- 95/CJD) to MBR CONSTRUCTION, 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= ~ The City Commission of the City of Boynton Beach, Florida, hereby approves the award of a bid for the East Water Treatment Plant Window and Generator Room Renovations project to MBR CONSTRUCTION, INC., and authorizes and directs the Mayor and City Clerk execute a Contract between the City of Boynton Beach and MBR CONSTRUCTION, INC., a copy of which is attached hereto as Exhibit "A" ~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this ~, day of March, 1995. CITY OF BOYN~ON BEACH, FLORIDA Mayor "' Comm~ ioner ._.3 ATTEST: C i tFlX- Clerk (Corporate Seal) Authsig. doc E~FfP.Ren 3/16/95 THIS AGREEMENT, made and entered into this day of , A.D. 19__, fby and between the CITY OF BOYNTON BEACH, a municipal corporation o Florida, hereinafter called the "CITY" and MBR Construction Inc. 2805 Oak Tree Drive Ft. Lauderdale, FL 33309, a Florida Corporation a Florida' general~partnership a Florida limited partnership a sole proprietor ( ) ( ) ( ) ( ) Check one hereinafter called "CONTRACTOR". 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: forty m~ht thousand five hundred ~j~x~y one dollar's ~i 10~ submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the exeCUtion of this contract. NOW, THEREFOr, in consideration of these premised and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEI~IENT 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 2-22-95 , 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 Dr~m~ in the bid, contract documents, bond documents, plans and sDe~ification~ for EaST wa~ TRP~~ pLANT ~RD?~ ~ P~%T~CT, 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 $48,561.00 . Page i 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 inaccordance with":the conditions and prices as stated in the contract conditions, supplemental general conditions and 2~2 Ail the work and shall be performed, and all of strict conformity contractor accepts ~ plans and re( the party contracting said work. contrac t: in said every 2.3 ' THE ecluil~nent, mention in a first in conformity of the BOYNTON accordance with the which are well as t MANAGF~ directions aUthorized forth. agrees to furnish all tools, to do all the work above and workmanlike manner, and fi-te in the office · for CITY. and strictly in stipulations and plans of this contract, as CommisSion~ and the CITY obedience with the the said CITY MANAGER or his the Priced herein plainly set 2.4 Upon receipt of correct any defective or within one (1) year after withan: ten (10) days :ten notification from the CITY, to o~r materials which may appear the contract and receipt of necessary corrections- .ce. ~2.5 To Statutes, if Section 215'.~9, Florida 12. claims of li~ Forms any and all FurniSh release ~iers of~ materials. {2.7 The debris, from streets, been used or project prom~3tly as shall all rubbish, and= equipment adjacent property that may have in connection with the =ion or portion is completed and ready Page 2 for use, leaving the same in a-.neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the DIRECTOR OF UTILITIES. 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. of the work, the DIRECTOR OF UTILITIES shall examination and test, that the work has been fully completed in accordance with the plans, specifications and contract document. When the. DIRECTOR- OF UTILITIES 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 of general supervision of the CITY as hereinafter provided 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 UTILITY ENGINEEr, and any workmanship or materials found not meeting the recluirements of the specifications shall be removed by or at the expense of the contractor and good and satisfactory WOrkmanship or material substituted therefor. Ail settlement, defects or a~mage upon any part of the work shall be remedied and made good by the contractor. 2.11 =ONTRACTOR will be held responsible for the care, protection of all work until final completion and acceptanCe will be required to make good at his own Cost any ~m~ge or occurring form any cause. 3.0 C(}H{~N2{ OF WORK 3.~ Contractor hereby agrees to co~nence work under this contrac~.-(~ or before a date to be specified in the written "Notice to Proceed' of the CITY and to fully com{}lete the project within 60 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to< be performed within the time limit set forth in the contract, after due allow..a~.ce for any extension or extensions of time made in accora,nce wxth provision hereinbefore set fOrth, the Page 3 CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a Denalty, in the amount stiDulated therefore in the sDecial conditions or in other contract each and every calendar day that the ( >letion. The CITY shall damages from or to collect his Surety. 3¸. 3 of cc f names of others that tO LIQUIDATED iDAMAGES 4.1 The agrees to. DaY, $250.00 Der day as Ii( Conditions and i .within (10) calendar days ~ed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR Drotection and continuous drains, encountered during the progress thereafter; also, Duddling and work; also the materials mentioned give a fin/ consequence of, specified and a requiremen~ of work and acceDtan~. ~ Cc that Drices include the all existing sewers, conduits, bridges, and other construction any damage done to them from insufficient suDDort tamDing, ramming, and disDosal of all rubbish bailing, draining, or the execution of the labor, tools, equiDment, of the whole work ons necessary incurred in or in of the said work one of the of the entire ion and reDair until final exDense~ for structures, below the materi~ full responsibility and .lc and Drivate proDerty, , etc., both above and sites of the work being in any manner affected by of men and give the CITY Page having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements With such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action 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, judgements, 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 Dart by any act, omission, or ~efault .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 ~ in .its original bid, which constitutes the contract sum the City to the Contractor, specific additional for in this paragraph. It is the City's and s full intention that this provision shall be enforceable 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 Supplemental Conditions. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other,. 6.4 The obligation of the Contractor to indemnify the City is not subj--= 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 CONTI~R in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. Page 5 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work Or make changes by alt'ering, adding to or deducting from the work, the Contract sum~being adjusted~accordingly. Ail 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. 8.2 All ,by .claim 8:. 3 shall be aDpr and Drocedures governing shall be in Co~nission if be,allowed. his. su~ontractor ~e. follOWing condition~ the Contract: 8,3.1 Ci:l be recommended by the by the steps are taken to 8.3.2 wo3 or any of his with --~i:s work' without unforeseen extra be construed aa an that any such contract- and no will be 8.3.3 8.3.4 8.3.5 NO¸ work, credit: Contract shal and preparing a allowed unless written Change City Manager Beach, if be signed in writing by th~ ~ the followin9 .... a: Dart of the Contract order. changes in the work additional under the be promptly transmitted in Genera1 Contractor to the width full exDlanations for his consideration in Order to theContract. Page 6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more. of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change 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 8.4.2 if no such unit priceS are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the-Contractor~ or, 8.4.3 By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the -work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and. foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An uDDer limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The Contractor shall suJ0mit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The Contractor shall have an accounting system which accounts for such costs in accordance wiCh generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change'Order costs. Page 7 8.4.3.3 8.4.3~4 8.4.3.5 8.4.3.6 Where it is ind£cated that the Contract is Federally or State assisted, the Contractor's attention is directed to the apDlicable.rulesand reguiations relative to cost principles which must be used for the and allowability of cos~ ~se shall fringe benefit costs on costs exceed forty labor costs. I I him. shall the Contractor an~ general overhead an¢ in the aggregate exceed fifte~ of the total cost of direct benefits, direct overhead, supplies, ecluipment and ~ted services supplied by the items considered as are bonds, insurance, job burdens, supervision and :e expense. shall the .b~ntractor's cost subcontracts exceed of the subcontractors' including subcontractors' 8,4.3.7 8.4.3.8 o: '~special equipment and machinery such driven pumps, concrete mixers, tractors, or other equipment, the economical ~erformance thorized work, the Contractor payment based on the agreed for each item of equipment time of its use on the~ that the rental price shall the current rates published by ..... Guide Book Company in the · Rental Rates for E~uipment=. Rate shall be or monthly as appropriate. of extra work done shall be at the end of each day by the and the Engineer. Such daily shall clearly distinguish between work done under the contract and that under the change Order. Duplicate Page 8 copies of accepted daily records shall be made, si~ned by the Contractor and the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be sutmnitted 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 The Utility Engineer. 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 firs]t instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithfUl performance by both. 10.0 INSURANCE 10.1 The Contractor shall maintain during the term of this contract qommercial 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, CONTR~R'S contingent or protective liability and property ~*mage insurance. Such insurance shall provide limits not less than those set forth on the insurance recluirement scheduls~attaChed as Supplementary Conditions. 10.2 Required insurance shall be documented in a certificate of insuran=e which provides that the CITY of Boynton Beach shall be notifiec~ &~ least fifteen (15) days in advance of cancellation, nonrenewal or adverse chan~e. Contractor agrees to furnish policies i£ 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 Page 9 rec/uired by the Code of the City 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, excavation or other construction equipment, pneumatic hammer, derrick, the use of shall be operated by writte~ permsssiOn the~ only in case of e~nerg~cy. : 11.0 GUARANTEE AND WARRANTIES 11.1 Ail the condition for one year 12.0 TERMINATION OF CONTRACT of to. ~emain in good 12.1 If the work to be performed under the contract ss assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should- of his assets ~be receiver shoUld property, if at. the City Manager ~ contract is being willfully violating of the the same of the contract; named for its completi then the the CONTRACTOR of and if the con in per~ may in such Sure stop City CITY' of S. as bankrupt; if a general assignment the benefit of his creditors; if a for the CONTRACTOR or any of his shall certify, in writing to performance of the work under the that the: CONTRACTOR is the conditions, provisi~ohs, or covenants or that' he is executing not .in accordance~with the terms be not fully .completed within the time or within the time to which such or if Other .just causes exist, ten (10) days' written notice upon to terminate the~contract for the CITY not, prior to the effective date of .ice, take such measures as will, ~insure .the satisfactory and Manager effective specified equent~hereto. In the event of__ CONTRACTOR an such notice an ion of th~ ~ contract, such the of the Df receipt shall as 12.1.1 I2.1.2 C¢ contract in accordance with its terms , or or bids forlComDleting the Contract in th its terms :and conditionS, and upon Page 10 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 amoun~ ~se~ forth in ~he firs~ paragraph hereof. The ~erm '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 amendmen=s thereto, less the amount properly paid bYCITY to CONTRACTOR. 13.0 coNTRAcT CONTROLS 1.3.1 The subjec= con,fac= between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties rela=ive 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 In as much as the provisions hereof, and of the plans and specifications herein, and of all the other contrac= documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to comple=e the construction of a public improvemen~ in accordance with a predetermined program, all such time limits are of the essence of the contrac=. 15.0 REMm. nY FOR DELAY 15.1 In the even= of any delay in the project caused by any ac= or omission of the City, i=s agent or employees, by the act or omission of any other party, or delay caused by wear~her 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 asso~iation with any delay in the project .caused by an act ~ ~ssion of the CITY, its agents or employees, by the ac~ or omi~ of any other party, or delay caused by weather conditio~-~orunavailabilityof ma=erials, 15.2 Failure on the part of Contractor to process a written request for an extension of time to complete the work wi=bin 10 business days of the act, occurance or ommission which is the reason for the request, shall constitute a waiver by Contractor and Con~ractor shall be held responsible for completing the work within the time allocated by this project. Page 11 15.3 All requests for extension of time to comDlete the work shall be made in accordance with the General end Special Conditions. 15.4 For the of this section, the phrase 'the City, its · shall inciude but shall not be limited to the architect, project manager, and consulting engineers. sic with execu caused these presents to be by the City Clerk the CONTRACTOR has before written. i: i CI~,'OF BOYNTON BEACH, FLORIDA City Manager Attest: City clerk Signed, sealed and witnessed in the presence of: Mayor Approved as to Form: City Attorney CONTRACTOR President or Vice President Attest as to Contractor State of Florida ) __ )ss: County of Palm Beach ) Personally appeared before me me duly authorized to administer oaths to me ~ ko bathe persons described herein and who executed the foregoirA~ ~t. nmmn~ and have acknowledged before me and they have Notary Public My Commission Expires: Page 12 Project # CONTRACT THIS AGREEMENT, made and entered into this JO day of 014/ , A.D. 19 ?, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" and MBR Construction Inc. 2805 Oak Tree Drive Ft. Lauderdale, FL 33309 a Florida Corporation ( ) Check one a Florida general partnership ( ) a Florida limited partnership ( ) a sole proprietor ( ) hereinafter called "CONTRACTOR ". WITNES SETH 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: forty eight thousand five hundred sixty one dollars x__x 100 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 premised 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 2 -22 -95 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 :.-11 ►. y . .A; y; . 4 IL' . ,r �•,��•,; REPLACEMENT Irma' PROJECT, 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 $48,561.00 Page 1 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and contractor accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 THE CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mention in a first - class, substantial and workmanlike manner, and in conformity with the details for said work on file in the office of the BOYNTON BEACH UTILITY DEPARTMENT, for 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 MANAGER of the said CITY, and in strict obedience with the directions which may be given by the said CITY MANAGER or his authorized representative, at and for the priced 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 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 Page 2 for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the DIRECTOR OF UTILITIES. 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 DIRECTOR OF UTILITIES shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract document. When the DIRECTOR OF UTILITIES 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 structures in anyway connected with the performance of the contract, the work as a whole shall be inspected by the UTILITY ENGINEER, and any workmanship or materials 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 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 form 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 60 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with provision hereinbefore set forth, the Page 3 CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore in the special conditions 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 UTILITY ENGINEER in writing of names of subcontractors proposed for principal part of work, and for such others as UTILITY ENGINEER may direct, and shall not employee 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, which is also specified in General Conditions and Part 2 Supplementary Conditions, for failure to begin within (10) days and failure to complete the work within 60 calendar days from the date of '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 excavation, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of, the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contact, or which are in any manner affected by the prosecution of the work or the transportation of men and material in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY Page 4 having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action 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, judgements, 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 its original bid, which constitutes the contract sum payable by the City to the Contractor, specific additional consideration provided for in this paragraph. It is the City's and Contractors's full intention that this provision 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 Supplemental Conditions. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the Contractor to indemnify the City is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the City or the Contractor. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. Page 5 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made, in writing, at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be 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 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 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 City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written change order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and /or adjustment 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. Page 6 8.4 The value of any change ordered under the Contract for extra work and /or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change 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 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the Contractor; or, 8.4.3 By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The Contractor shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The Contractor shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. Page 7 8.4.3.3 Where it is indicated that the Contract is Federally or State assisted, the Contractor's attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the Contractor and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expense. 8.4.3.6 In no case shall the Contractor's cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the Contractor shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall 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 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 Page 8 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 The Utility Engineer. 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, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 The Contractor shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations 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 Supplementary Conditions. 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 Page 9 required by the Code of the City 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, excavation 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 guaranteed 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 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, 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 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 Page 10 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 In as much 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 agent 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, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, 15.2 Failure on the part of Contractor to process a written request for an extension of time to complete the work within 10 business days of the act, occurance or ommission which is the reason for the request, shall constitute a waiver by Contractor and Contractor shall be held responsible for completing the work within the time allocated by this project. Page 11 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. In WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor and City Manager, 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 CITY OF BOYNTON BEACH, FLORIDA in the presence of: (06/(A., i ty Manager or /7 Attest: Approv as '• Form:/ And .101- ■ �� AA- f City Clerk City t orney Signed, sealed and witnessed CONTRACTOR in the- �r�ence�f : �• J P re 'dent o 'ice President Attest as to Contractor State of Florida )ss: County of Palm Beach Personall y a ea ed j)ef t o me me duly authorized to administer P.( oaths VN -( A4�i y to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged be re me and they have executed same. CL(} L , • g -' .tic WENDY 8 COLE My Commission Expires: Naomi rn tRuClTATmo rwRIDA COMMEZION NO. CCA43611 emspoim dow.mormuloo (1KY CMINC +"SIGN EXP, AUG, 2$ 1405 RwAVM Page 12 THE AMERICAN INSTITUTE OF ARCHITECTS ISIMIIHIO 4 At ;� i T. / ti BOND NO. SA1121129 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): MBR CONSTRUCTION, INC. STAR INSURANCE COMPANY 2805 OAK TREE DRIVE 26600 TELEGRAPH ROAD FT. LAUDERDALE, FL 33309 SOUTHFIELD, MI 48034 OWNER (Name and Address): CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33425 -0310 CONSTRUCTION CONTRACT Date: Amount: $48,561.00 Description (Name and Location): EAST WATER TREATMENT PLANT WINDOW AND GENERATOR ROOM RENOVATION PROJECT BOND Date (Not earlier than Construction Contract Date): Amount: $48,561.00 Modifications to this Bond: ® None 0 `gee Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: p y: (Corporate Seal) Company: ( Corporate peal) Signature: _ Signature: / Z . --T Name a • Title: Name and Title: CI ' ' ES J. NIEL IN ATTORNEY– IN –FAC (Any additional signatures appear on page 3) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or COLLINSWORTH, ALTER, NIELSON, FOWLER & other party): DOWLING, INC. 5979 NW 151 STREET, SUITE 105 MIAMI LAKES, FL 33014 305- 82 '' - AIA DOCUMENT .1712 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1Q 81 FD • AIA S THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEM/ YORK AVE . N W WASHY•' r7 C 20006 A312 -1984 1 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, which It may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount Is deter - successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract. which Is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation If the Surety does not proceed as provided in Paragraph 5 under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt ot an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce anv 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner reruses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4 3 above. able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract. To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation ot clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract. the Sure - the Surety have received notice as provided in Sub - ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the Iron Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 • Additional legal,.. -design professional and delay dance with the terms of the contract with the'Owner. costs resulting from the Contractor's Deiatilt, and•re- suiting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damn. es, or if no liquidated damages are specified in the Construction Contract, actual dam - 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non- pertor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others tor 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con - tion Contract itself, through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set orf on account ot any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualifeed surety equivalent to the bonds Issued on the dons Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess or the Balance of the Contract Prtce incurred by the the location in which the work or part ot the work is located Owner resulting from the Contractor's default: or and shall be instituted within two years atter Contractor 4.4 Waive its right to perform and complete, arrange Detault or within two years atte the Contractor ceased for completion, or obtain a new contractor and with working or within two years atter the Surety reruses or tails reasonable pror otness under the circumstances to pertorm Its obligations under this Bond, whichever oc- curs first If the provisions at this Paragraph are void or .1 Atter investigation, determine the amount tor prohioited by law, the minimum period ot limitation a■aIl- AIA DOCUMENT ' ERFORMANCE BOND AND PAYNAENT BOND • DECC•ir1F7 �gJ ED • AIA 5, THE AMERIC Vh OF ARCHITECTS, 1735 NEW YORK AVE N W W' 'N D C :0006 A312-1984 2 THIRD PRINTI• 1 °87 able to sureties as a defense in the jurisdiction of the suet tractor of any amounts received or to be received b shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled. re- 10 Notice to the Surety, the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con - nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig• the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed Incorporated herein. The intent is that this which has neither been remedied nor waived. to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company (Corporate Seal Name e a nd Title: Name and Title Name and Address. Address. A1A DOCU.' ' • PERFORMANCE BOND ^ PAYMENT BOND • Dr '°64 ED • AIA THE AMER' UTE OF ARCHITECTS ` V YORK A VE N W rJN D C 20006 A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS BOND NO. SA1121129 AIA Document A372 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): MBR CONSTRUCTION, INC. STAR INSURANCE COMPANY 2805 OAK TREE DRIVE 26600 TELEGRAPH ROAD FT. LAUDERDALE, FL 33309 SOUTHFIELD, MI 48034 OWNER (Name and Address): CITY OF BOYNTON BEACH 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33425 -0310 CONSTRUCTION CONTRACT Date: Amount: $48,561.00 Description (Name and Location): EAST WATER TREATMENT PLANT WINDOW & GENERATOR ROOM RENOVATION PROJECT BOND Date (Not earlier than Construction Contract Date): Amount: $48,561.00 Modifications to this Bond: ❑ None a See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Se. Company: �� ( rporate Seal Signature: .411 - `� Signature: Name a ., Title: Name and Title: C ES J. NIELSO ATTORNEY – IN – FACT (Any additional signatures appear on page 6) (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER. OWNER'S REPRESENTATIVE (Architect, Engineer or COLLINSWORTH, ALTER, NIELSON, FOWLER & other party) DOWLING, INC. 5979 NW 151 STREET, SUITE 105 MIAMI LAKES, FL 33014 305-822--7800 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER '984 ED • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE , N W WASHINGTON 0 C 20006 A312.1984 4 THIRD PRINTING • w1ARCH 1987 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions or bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions materials and equipment furnished for use in the perfor 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim rated herein by reference. stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and to satisfy claims. the Contractor and the Surety (at the address if any, under any Construction Performance Bond. Eh described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond. subject to the Owner's prior - 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim - 4.1 Claimants who are employed by or have a direct ant under this Bond. and shall have under this Bond no obit- contract with the Contractor have given notice to the gations to make payments to, give notices on behalf of, or Surety (at the address described in Paragraph 12) and otherwise have obligations to Claimants under this Bond sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change substantial accuracy. the amount of the claim. including changes of time. to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent iuris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last fumished materials or work is located or after the expiration of one year from the equipment included in the claim stating, with date (1) on which the Claimant gave the notice required b‘ substantial accuracy, the amount of the claim Subparagraph 4.1 or Clause 4 2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate - materials were furnished or supplied or for pals or equipment were furnished by anyone under the Con - whom the labor was done or performed; and struction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by la.. .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety. the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Suret`, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shail days, have sent a written notice to the Surety be sufficient compliance as of the date received a: the (at the address described in Paragraph 12) and address shown on the signature page sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply ‘s ith . Bond and enclosing a copy or the previous statutory or other legal requirement in the location ‘s he written notice furnished to the Contractor the construction was to be pertormed, any provision in th:!.. Bond conflicting with said statutory or legal requirerne 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted hererrom and provisions co-- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance be deemed Incorporated herein The intent is that th AIA DOCUMENT A312 • PERFORMANCE BOND AND P1YmENT 80N0 • DECEMBER Inas ED • >iA$ rHF aMF Ric AN INCTITUrE OF ARCHITECTS 1735 " rORK 'VE v •V WASHING DC 20006 A312.1984 5 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract: The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner, which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con - intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms "labor, materials or equipment" that perform and complete or comply with the other terms part of water, gas, power, Tight, heat, oil, gasoline, thereof. telephone service or rental equ.pment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page 1 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company• (Corporate Seal) Signature- Signature• Name and Title: Name and Title: Address: Address: ALA DOCUMENT A312 • PERFORMANCE BONO At ■MENT BONO • DECEMBER 1984 ED • AIA V THE AMERICAN INSTITIITE OF ARCHITECTS. 1735 ARK AVE , N W WASHINCTON 0 C 20006 A312 -1984 6 THIRD PRINTING • , 1487 R INSURANCE COMP_ NY GENERAL POWER OF ATTORNEY NO , (Vold unless numbered in red ) KNOW ALL MEN BY THESE PRESENTS, that Star Insurance Company has made, constituted and appointed, and by these presents does make, constitute and appoint CHARLES J. NIELSON OF MIAMI LAKES FLORIDA its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts or suretyship to be given to Applicable to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of one hundred thousand ($100 dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 7th day of January, 1993 "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney- in -fat named in the given Power of Attorney to execute in behalf of the Company bonds, undartakin`a afla all cnntracts of suretyship, and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached " IN WITNESS WHEREOF, STAR INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 7th day of February, 1994 Attest: STAR INSURANCE COMPANY - 1 ` ' f/ / VRANCFQ C /� Robert S Cubbin, Senior Vice President la O RVORt, ", \ arc S 1Vtfln , Senior Vice President - N STATE OF MICHIGAN } r' SEAL 1� } ss ff COUNTY OF OAKLAND } ' M On this 7th day of February, 1994, before me personally came Marc S Whiner, to me known, who being by me duly swom, did depose and say that he is a Vice President of STAR INSURANCE COMPANY, the corporation described in and which executed the above instrument, that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order 4. ( f l ` o + \ Colleen Keltz K_ Y 1 \t NCT4q,, ; NOTARY PUBLIC L.. •u.uo 1� My Commission Expires r�rr���� \\� ° a fl1 COLLEEN len rE e NotarY Public. Wayne County. MI CERTIFICATE CC rflhSsIOfl EXPIr�I Sept. ). 1996 Acting In Oakland County. MI 1, the undersigned, of S I'AR INSURANCE COMPANY, a Michigan corporation, 1)0 HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force Signed and sealed at the city of Southfield in the State of Michigan Dated the day of , 19 > Mary Jo/Renaud, Assistant Secretary 6032 -Feb 94 Page 1 of 1 Iprogs \srty\agmnts\gpofal G��s s Collinsworth, Alter, Nielson, Fowler `Q Dowling, Inc. Insurance and Bonds 5979 N.W. 151 Street • Suite 105 • P.O. Box 9315 • Miami laic Florida 33014 • Dade (305) 822.7800 • Broward (3055) 463 -8601 Mkt Fax (305) 558-4294 • Bond Fax (305) 558.9650 • a Fax (305) 382 -2443 F A X C O V E R S H E E T THE INFORMATION CONTAINED IN THIS FAX IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL(S)NAMED BELOW. IF THE READER OF THIS MESSAGE IS NoT THE INTENDED RECIPIENT(OR EMPLOYEE /AGENT RESPONSIBLE To DELIVER IT TO THE INTENDED RECIPIENT)YOU ARE HEREBY ADVISED THAT ANY DISSEMINATION, DESTRUCTION OR COPYING OF THIS COMMUNICATION I9 PROEIBITED.IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE BE KIND ENOUGH TO NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL AT THE ABOVE ADDRESS. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL ABOVE NUMBERS. * ** tic* *, k** ** * ** * * * * ** * * * **** * * * *** * * * **l brie * * * * * * * * * * *** *fir ** ** ** * * **** ** DATE: 5/1/95 FAX SENT TO (COMPANY NAME): THE CITY OF BOYNTON BEACH FAX SENT TO FAX NUMBER : 407 - 375 -6090 ATTENTION : JEWEL FAX SENT BY : GAIL PUNTERVOLD TOTAL PAGES (INCLUDING COVER PAGE) : TWO RE: OUR INSURED: MBR CONSTRUCTION COMMENTS: JEWEL; AS DISCUSSED, ATTACHED IS A CERTIFICATE OF INSURANCE FOR OUR ABOVE CAPTIONED INSURED. I FAX'D MARYLAND CASUALTY A COPY of THE CITY'S FORM D WHEREIN THEY ADVISED THEY WOULD NOT ACCEPT SAME. PLEASE REVIEW ANC ADVISE IF THERE IS ANY OTHER SPECIFIC WORDING REQUIRED AND IF sO I WILL FAX SAME TC MARYLAND CAS. FOR APPROVAL SINCE THE ATTACHED IS AS FAR AS WE CAN GO AS AN AGENT WITHOUT GETTING APPROVAL FROM THE COMPANY. THANXS. REGARDS, GAIL 2— 7 Z0' d 1d101 Rf:f g et ,1. w `.' " 4 "`r 7,7, .� , g . : "1*`°°`=°'` F 7 - ; .w "' 0 ris a r l, t s� kx '^ .2 ",p r'w a� � � � �� n � 4. Fitr � ,.: ♦ . y {N ��jl� { MVO Wiz 006D0/YY1 G • .� 1t .4 v,� P ' '..‘r: ^ 'L ?. ' cr {MFC ;li n� t.'./VSMr' n • { W " r b 1 6/01/96 PRODUCER TIN LZ&TIIIICATR II INN Al A MATTER Of DIPORMA'IION PLY AND Collinsworth, Alter. Nielson, COMM NO 1110311 Show= C�ICM a VOWEL THE =MCAT& totm tem mama- ItMeaee Ott ALTER TIM WvsRAet AMMO= IT is POLE= MOW Polder a Doming, Inc. COMPANIES AFFORDING COVERAGE Post Office Hex o3t5 COMPANY MLaIi Lakes, P1 33014.9315 =Tut A Home Nikko Ls. Service 1oc Menem LETTER B Hama Senders Ins. Service Inc COMPANY n Lama C MB C.oESlydolion. be. enemy 2E05 Olkuee Drive LStTSa D ratployerl say Ft. lffi,aa..d.1. 1 [ 33300 pp[[�`�' � y}� �.��pw��ryry COMPANY E r 7 w '' I 0 TO 01ST THAT Tux POUCIEs OP aaLRANCm wren mow atAvx tam mum TO TIO V4IJ = rumen Mort Pot TO nouev sawtoo 0tICATeD. P INTTNrATODiG ANY t!Q<. EEMENT, T*IM OE COMMON CE MIT =MAC! OR mum D00.74ENr TOM RESPLcT TO WHICH TM COOTI aATO tMeV as memo oa NAY PtPTAttb Tsui tlravvANcs ArsomsD or run mum= mecuam macs IS Stan= TO ALL TEE TERM& Exa.tlIDle AND COMMON of SUCH POLICIES. LIMTTS SHOWN MAY EAYR asar E EM= IT PAID CLAWS. e TYPE OP DUVI AMCE POLICY r ann !MKT ltll'. POLICY lam. LOUT, DATE II MIDDITYl DATE DIAME , YYi 6BYEUAL WEamf EPA23534382 9!06194 9/06195 G�YEAL AGGREGATE ,I �, w�«w fl COMM. tavaAAi, mum }R lit1OP AGM I . Moo MADE �C1CC MIL A ADV. WET I. • ! A CONTRACT'S IROr 1t 0Cc ltkeNts I.I,t.t,Ii IIII 1._I Trnm? =g. 1,1,1.1 KED. Exp. • Dr 5000 AUTOMOBILE EC A23532469 9106/94 9/06/95 ammo AMU{ 1000066 - Any At7ro MDT Alma! III tiODG.Y Dl1uRT « .., TM ALTOS PH. bawl ri IJ1XD Au tos MOW DCAIar in , • WO/MD AVM nsli.q 1111 CAEAC T LIAaUIfY EE PWrt:7YDAMAGE I now LIARHX1Y EAl7f OC IMEMCZ i • MRS AGGREGATE - • , • THAN UMU&U A POEM nr :1T ~'?. .. 1 G ' D 043014403 4401105 410 VMS - fTATIRORY Luat1 ` . r $4 04“;. Haman COMPENSATION BALI Accasewr 100000 AND 500000 EMMOYEa! LIASILITV iiiii nfillASS-2ACIO atP. 106000 r DESCRIPTION OP OPERATIOnarLocersovarvalueLeseenow. mow AWE Lu'd ei.uw in favor of the City of Hoyatoo G..ab in resp.ots to Q...r.I L'.b. for op. p.rfann.d by the named leaned for B. Plant Window 4 S. Pleat G...rator Room Racer .t;ce. - Hid 1016-401- 951CJ0 . -ORM 1;atiip > ti., ,1 k.:11. t..'A;t a - .. ..• a. ;in4 . s" il rL "",I ":14 ,,.:06E 2C1ZE44:1 k ; ..Fin;.`ik `"r'�i»:��r , '%+,... • R • �; • t: . S` . x }y IUOULO ANT Or TIM A.OVt DWcy1IIp TOLIMA IO CANCBLLID 111tro1i 'MO sePa enex DATI?Im{3OP. toe aovao COMPANY WIIJ. WOMIIIIMII MAa IQ„„ D Ave ImmaL, Nance TO TQ Cir'ri:nee r, UOLDn. Al NIm ro rue City of &ayntos Beach MR. ATTN: DEPT. OF RISK MGMT. - . .. - P.O. Box 310 rs►rn� � Boynton B.Ach, FL 33425 ' AL t>a1ti IK1'A77YI ( / /�• ` �O1*M 1! Y�t�t'4•: .0 #i%2......i'.'..,,,,,, M ..,1. 1 ' . , Co -- :- 4,�C>`k k \�. T l :' ..41 '7a 'a >:;., ..x .t > ' . .. . 3 ; « . ' $'24.1 , _ «.. .: 't-:".,,,. , �,r« �-,. «,b n ^ro'.Mrs�:.,, »..1�"4 '3 ^ . 05./01/95 11:13 P02 KIRK T. CQ;LFOR0, AGENT Auto- Life - Health -Hva:s and Business 959 W COMMERCIAL BLVD FORT LAUDERDALE, FL 3 #309 -4110 PHONE (305) 772 -4414 FAX (305) 772 -4549 May 2, 1995 CERTIPICATZ OP IRCUPANCg THIS CERTIFIES THAT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY INSURES THE FOLLOWING POLICYHOLDER FOR THE COVERAGES INDICATED BELOW: AUTOMOBILE POLICY POLICYHOLDER: MBR CONSTRUCTION, INC. POLICY NUMBER: 618 - 9183- F31 -59A LIABILITY $300,000. PROPERTY $300,000. COVERAGE: DAMAGE: POLICY PERIOD: 12/31/94 NEXT RENEWAL: 06f30[95 CERTIFICATE UOLDER: CITY OF BOYNTON BEACH ATTN: DEPT OF RISK MANACEMBNT P.O. BOX 310 3OYNTON BRACH, FL 33425 RE: BID, 026 - 401- 95/CJD CERTIFIED BY: DATE: 4;1115 KIRK T. COL RD, AGENT ✓ r, / 0 Vt KIRK T. cvLrusp, AND Auto - Life- I:eatth -Same ant Business 044 w COMMERCIAL BLVD rostr LAUDSRDALI, tL 13:109 -3114 PRONE (.40S: 772 -4414 PAX (305 792 -454Y Way 1, 109S TO Jewel PAX: (40') 375 -6042 RE: MBR Construction, Inc. FROM: Kristin Cooley FAX (305) 772 -4549 Phone (306) 172 -4414 (2) PAGES INCLUDINNG THIS COVER REMARKS: If you have any questions, please do not hesitate to contact the office. 3 \ WlUDD/YY) CERTIFICA OF INSURANCE ISSUE DATE p 5/01/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER Or INFORMATION ONLY AND Collinsworth, Aker, Nielson, CONFERS NO EICITII UPON THE CERTIFICATE HOLD11. THIS CERTIFICATE DORS NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUQES BELOW Fowler & Dowling, Inc. COMPANIES AFFORDING COVERAGE Port Office Box 9315 COMPANY Miami Lake, FL 33014-9315 Lawn A Home Builders Ins. Service Inc COMPANY LErma $ Home Builders Ins. Service Inc INSURED COMPANY LETTER C MR Construction, Inc. COMPANY 2105 oatlree Drive iznu D Moyer. s»a R. Lauderdale FL 33309 NY EITER E LEITE 0.. i{: }i }i' +f +irv. v. ?Fri % + THIS IS TO Ci&TOY THAT TIE POLICIES or INSURANCE LIFTED MUM HAVE BEEN HBSUED TO THE INSURED NAMED ABOVE FOR THE NWdCY PERIOD IDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR COMMON Or ANY CONTRACT OR OTHER DOCUMENT Wrro RESOENT TO WHICH THIS CER:FIFICATE MAY 1E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN M SUBJECT TO ALL THE TERMS, EXCLUSIONS AM) COMMONS OF SUQI POLICIES. UNTIE SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE Or INRIRANCE POLICY NUMBER POUCY 117. POLICY TYPE UNTIE ,MR DATE OW/DDA'Y) DATE (1OIIDOM') A GENERAL LIABILITY EPA23534382 9/06/94 9/06/95 GENERAL AGGREGATE 2000000 g COBOL GENERAL LIABILITY PROD-COMP/OP AGC. 2000000 (CLAIMS MADE ®ocC. PERS. / ADV. INJURY 1000000 OWNER'S • CONTRACTS FOOT EACH OCCURRENCE 1000000 FIRE DAMACEto.. IIf.I S0000 MED. EXP. (O.. PRO 5000 B AurOMO /uI LIA1HlTY ECA23532469 9/06/94 9/06/95 common) smut 1000000 ANY AUTO LWTT ALL OWNED AUTOS BODILY INJURY ^� SCHEDULED AUTOS (Per mime) FIRED AUTOS SODILY MUM NONOWNED AUTOS (Per uad t GARAGE LFABUlTY ORIGINAL ntorezIY DAMAGE EXCESSUABIUIY EACH OCCURRENCE — _ � UMIRELLAFORM AGGREGATE OTHER THAN t1MORELLA FORM D 083014403 4 /01/95 4/01/96 (STATUTORY LIMITS WORKERS* COMPS/DATION EACH ACCIDENT 100000 AND DISEASE-POLICY LIMIT 500000 EMPLOYER'S LIABILITY DISEASE-EACH EAU. 100000 OTHER DESCRIrnoN OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL HrIMS Add'tl Ins'd clause in favor of the City of Boynton Beach in respects to General Liab. for ops performed by the named insured for E. Plant Window & E. Plant Generator Room Renovations - Bid #026- 401- 95 /CJD CERTIFICATE 'HOLDER - - - - : • CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCH! BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ISVMMIDO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTUICATR HOLDER NAMED TO THE City of Boynton Beach ATTN: DEPT. OF RISK MGMT. _ n P.O. Box 310 Boynton Beach, FL 33425 AUTHORIZED REPRESENTATIVE Yt). l /WORD .,.5 $ 019U) ; i iy'.. ? rM1 %i °f: r :. . % i :} i ' Y. :' }. ^ } S1.` fi' 'r tail`• ,''•. •'• it -F • ? ? v: {'ti : }• ?1ry.4 G.: rif s : kf•• ' y }? q: a> < ?r.':<f >a f f , •�. . 05'07/95 12: 02 1701 /TAT! /Us KIRK T. COLFORD, Agent 989 West Commercial Boulevard al) Auto • L ifv - Health - Home Lauderdale, Florida 33309 «. � Phone M: (305) 7724414 • Fax !F: (305) 772.45 49 From tho desk of Kirk T. Colford Q 5 1 MEMO: DATE: 1 615 ` 5 1.\-k: c AttAtei clocw(nexIfj c C. :Lc' ai(l real uc recd, pk& t t '1 you, t W ri ,c-h r._.. 05/07/95 12:02 P02 /URA r. vuLima, Auto-Lire- Health -home laud Budluddd 969 W CUMARCIhL BLVD FORT LAUDERDALE, YL 33309 -3110 PHONE (JOS, '/'/x MAX (305) 772 - 4549 may a, 1995 CERTIFICATE OF INCUWU OR 2'hL cART1Y18b MAT STATE FAR)( MUTUAL AUI'OMOBILS iNuU Ak4lli: maPANY IOIiUkag THE ruLLowzmo POLICYHOLDER POR TSB OOVZRAOB6 INDICATBU BELOW, AUTOMOBILZ POLICY POLICYHOLDER: MBE CONSTRUCTION, INC. POLICY NUMBER: 625-9153 F31 - 59A LIABILITY S400,0OO PMYBICAL $300,000 COVERAGE: DAMAGE: POLICY PERIOD: 12/30/94 NEXT RENEWAL: (16/30/95 ADDITIONAL INSURED: CITY OF BOYN:'ON !MRCP; ATTN: DEPT OP RIB( MANACEMBNT P.O. DOE 114) BOYNTON BBACR, FL 3,3426 RE: RIDO U16- 4O1- 95 /CJD j CERTIFIED BY: ( ■ DATE: „ i Q) Z. KIRK T. COLF4Rt, AGENT 85/88/95 l "'24 $ 385 486 9579 DUTC' CONSTRUCT 81 MBR CONSTRUCTION, INC. .......... :.. :. . . ................ . .�r .�..� .� .� .�� .�..�..�r .�..�r .�r . .�..�. �i �r �� P r ..� . �� � . ��� .� .� � �„� .? y �. y . y ... . TLLECOPY TRANSMITTAL Date - 8 - e/C Time / ;u< /1/ To Z), 1 or - 4: / Attn jEc&& L--- # of pages, including this page 3— Message co . _ r rS 1-4 ULo..) ; rt C, ` : >? - U (r,(' C i) ■ . }--1 AiTh riS ' k C. c: 00, !c. C'cLNIU e" ire -r 1 ur. r' From {. 7. Please contact this office as soon as possible, ifyou do not receive or cannot dearly read the above transmitted Information. Phone: 486 Fax: 486 -9579 DID YOU KNOW ?? Kissing on the lips in Riverside, CA, is in violation of a local health ordinance, unless both parties first wipe their lips with carbolized rose water. 05/08 /95 12:25 Z 305 486 9579 DUTCH CONSTRUCT 02 Exhibit A INSURANCE R ENTS FOR CO TRACTORS BIDDERS' ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY RECOMMENDED THAT BIDDERS CONFER WITH THEIR RESPECTIVE INSURANCE CARRIERS OR BROKERS TO DETERMINE IN ADVANCE OF BID SUBMISSION THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS AS PRESCRIBED AND PROVIDED HEREIN. IF AN APPARENT LOW BIDDER FAILS TO COMPLY STRICTLY WITH THE INSURANCE REQUIREMENTS, THAT BIDDER MAY BE DISQUALIFIED FROM AWARD OF THE CONTRACT. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor. his agents, rapresontativas, employees or subcontractors. The out of such Insurance shall be Included in the Contractor's hid, A. MINIMUM SCOPE OF MURANCg Coverage shall be at least as broad as: i Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 00011185) or Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0157 covering Automobile Liability, code I any auto ". 3. Workers' Compensation and Employers Liability insurance covering all employees meeting applicable State of Florida and federal laws. B. MINIMUM LIMITS OF INSVRAKI Contractor shall maintain limits no less than: 1. General Liability: $300,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required ce limit 2. Automobile Limb' ity. 5300,.000 co bind single limit per accident for bodily injury and property __ Y�J r7 P� Y damage. 3. Workers' Compensation and Employers Liability: Coverage A: Workers' Compensation - Statutory Coverage B: Employers' Liability - 5100,000 Each Accident - $100,000 Each Disease - $S00,000 Aggregate by Disease Page 1 of 3