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
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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.
.......... :.. :. . . ................
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.
TLLECOPY TRANSMITTAL
Date - 8 - e/C Time / ;u< /1/
To Z), 1 or - 4: /
Attn jEc&& L---
# of pages, including this page 3—
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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
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