R13-0031 RESOLUTION R13 -003
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT
5 BETWEEN THE CITY OF BOYNTON BEACH AND B & B
6 UNDERGROUND CONTRACTORS, INC., FOR RECLAIMED
7 WATER MAIN TO GALAXY ELEMENTARY SCHOOL
8 PROJECT IN RESPONSE TO BID NO. 011 - 2821- 13/DJL IN THE
9 AMOUNT OF $155,642 PLUS A 10% CONTINGENCY OF $15,564
10 FOR UNFORESEEN CONDITIONS FOR A TOTAL
11 EXPENDITURE OF $171,206; AUTHORIZING EXECUTION BY
12 THE CITY MANAGER AND CITY CLERK; AND PROVIDING
13 AN EFFECTIVE DATE.
14
15 WHEREAS, on November 28, 2012 Procurement Services received and opened
16 eight (8) bids in response to Bid 011- 2821- 13 /DJL for Reclaimed Water Main to Galaxy
17 Elementary School project; and
18 WHEREAS, after reviewing the bids submitted, Mathews Consulting,
19 Procurement Services and the Utilities Department all recommend awarding the Contract
20 to B & B Underground Contractors, Inc., as the lowest, most responsive, responsible
21 bidder who met all specifications; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it
23 in the best interest of its residents and citizens to approve the Contract for Reclaimed
24 Water Main to Galaxy Elementary School project with B & B Underground Contractors,
25 Inc., of Royal Palm Beach in the amount of $155,642 plus a 10% contingency of $15,564
26 for a total expenditure of $171,206.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
28 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
30 as being true and correct and are hereby made a specific part of this Resolution upon
i
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I
1 adoption hereof.
2 Section 2. The City Commission of the City of Boynton Beach, Florida does
3 hereby approve the Contract for Reclaimed Water Main to Galaxy Elementary School
4 project with B & B Underground Contractors, Inc., of Royal Palm Beach in the amount of
5 $155,642 plus a 10% contingency of $15,564 for a total expenditure of $171,206 and
6 authorize the City manager and City Clerk to execute the Contract, a copy of which is
7 attached hereto as Exhibit "A ".
8 Section 3. This Resolution will become effective immediately upon passage.
9 PASSED AND ADOPTED this /� day of January, 2013.
10
11 CITY Of BOYNTON BEACH FLORIDA
12
13
14 Mayor
15
16 /
17 'ce Mayor — Mack McCrav,'''
18 9
19
20 Cep is si ryer -- Je
21 /
04i
23 / CommissioK'r — seven *zman
24
25
26 Commi oner — Wa e Segal
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Rid-003
BID TITLE: RECLAIMED WATER MAIN TO GALAXY
ELEMENTARY SCHOOL
BID NUMBER: 011- 2821- 13/DJL
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 4.24/ day of 9 ,
20 13 by and between the CITY OF BOYNTON BEACH, a m ipal corporati n of
Florida hereinafter called the "CITY" or "OWNER" and B & B UNDERGRO D
CONTRACTORS, INC, a Florida Corporation hereinafter called "CONTRACTOR ".
WITNESSETH
WHEREAS, The CITY has heretofore invited bids for a CITY construction project
( "Project ") identified by the bid title, bid number and project number listed above and
commonly referred to as:
RECLAIMED WATER MAIN TO GALAXY ELEMENTARY SCHOOL
WHEREAS, CONTRACTOR, in compliance with the bidding requirements
announced by the City, submitted a bid on the 28th day of November, 2012, for the total bid
amount of $155,642.00; and,
WHEREAS, On the 15th day of January, 2013, the CITY Commission designated
CONTRACTOR as having submitted the bid that was most advantageous to the CITY and
authorized the execution of this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within ninety (90) calendar days as specified in the Notice
to Proceed, subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual
conditions and covenants contained herein, the parties agree as follows:
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1. 1. The Parties agree that:
I.I.I. The foregoing "Whereas" clauses are true and correct and
incorporated herein by this reference.
1.1.2. The CITY hereby hires the CONTRACTOR to provide construction
services for completion of the Project.
1.1.3. The CONTRACTOR hereby accepts this Contract and agrees to
furnish the necessary labor, tools, equipment, materials and
supplies, etc., and to complete the Project by performing all the
work as set forth in this Contract and the Contract Documents for
the price and amounts set forth in CONTRACTOR's bid.
1.1.4. CONTRACTOR is an independent contractor as that term is set
forth in the General Conditions for Construction GC -2,
INDEPENDENT CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all
Contract Documents shall be calendar days.
2.1. The Project consists of those improvements described and set forth in the
Contract Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents which are hereby not listed in any order of precedence.
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) — all references to "GC"
shall be to section numbers
2.2.6 Construction Contract
2.2.7 Certificate of Insurance
2.2.8 Public Construction Bond
2.2.9 Technical Specifications
2.2.10 Contract Drawings and Plans
2.2.11 Addenda
2.2.12 Written directives or interpretations
2.2.13 Manufacturers warranties
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3.1. CONTRACTOR shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and
services necessary to complete said project in accordance with the
conditions and prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this Contract. All of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly
agrees to comply with every requirement and stipulation therein
contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the
work above mentioned in a first-class, substantial and workmanlike
manner and in conformity with the detail for said work on file in the
office of the Project Manager and strictly in accordance with the
Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material
supplier with a copy of his Public Construction Bond within five (5)
days of subcontractors' work or subcontractor's supplying of
material to CONTRACTOR and shall maintain records to establish
such notice. A copy of said notice shall be provided to the CITY's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set
forth in the General Conditions for Construction GC-24,
WARRANTY. Warranty period shall commence with date of final
acceptance as set forth in the Technical Specifications for
Construction 01700, EXECUTION REQUIREMENTS.
3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if
applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens
by subcontractors or material suppliers, incurred in and about this
work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment that may have been used or worked
on by the CONTRACTOR in connection with the project promptly
from streets, alleys, parkways and adjacent property as such section
or portion is completed and ready for use, leaving the same in a neat
and presentable condition.
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3.1.9. Observe and comply with the provisions of the charter, ordinances,
codes and regulations of the CITY of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not
disclosed in the CONTRACTOR's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10)
days of the Award of the Project.
3.2. 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 CONTRACTOR's own cost any damage
or injury occurring from any cause resulting from their acts or omissions,
or the acts or omissions of their subcontractors or suppliers.
4.1. The CITY shall provide a written Notice to Proceed at the time of the
scheduled Pre-Construction Meeting.
4.2. The CITY shall make timely payments for the work in accordance with
the procedures and time frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, the CITY shall provide a written
final acceptance and payment for the entire project.
5.1. Prior to commencement of work, the CITY and CONTRACTOR shall
negotiate and agree upon CONTRACTOR's per them direct job site costs
and home office overhead costs. The negotiated amounts shall be used for
purposes of determining the compensation to be paid to CONTRACTOR
for a suspension, field change directive, or any other instance wherein GC-
23, EXTENSION OF TIME/NO DAMAGES FOR DELAY does not
apply. In order to facilitate an agreement as to amount, CONTRACTOR
agrees to permit the CITY to audit records which establish
CONTRACTOR's direct job site costs and home office overhead.
The CITY and CONTRACTOR shall attach an addendum to this Contract
which sets forth the negotiated amounts. If the parties are unable to reach
an agreement for such costs within sixty (60) days of the CITY selecting
CONTRACTOR for the Project, the City shall be entitled to discontinue
all discussions with CONTRACTOR, select another contractor, or cancel
the bid entirely. In such an instance, the awarded Contractor shall not be
entitled to receive any funds from CITY for costs incurred from the time
of its bid to the time of the CITY's decision not to utilize
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CONTRACTOR's services. CONTRACTOR shall not be entitled to any
damages or compensation as a result of CONTRACTOR's reliance on its
award of the bid.
5.2. CONTRACTOR hereby agrees to commence Work under this Contract
within ten (10) calendar days of the Commencement Date specified in the
written "Notice to Proceed," and to achieve Substantial Completion
without interruption within 90 calendar days thereafter.
5.3. With respect to this Contract, time is of the essence.. In the event the
CONTRACTOR shall fail to (1) timely commence the work following
Notice to Proceed or (2) 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 the Contract Documents, the CONTRACTOR shall be
liable to the CITY for liquidated damages the amount stipulated in Section
6.0 herein below for each and every calendar day that the CONTRACTOR
shall be in default of achieving of Substantial Completion.
5.4. CONTRACTOR shall notify the Project Engineer in writing of any change
in the names and addresses of each subcontractor proposed for principal
parts of work, and any changes in subcontractors from those proposed in
CONTRACTOR'S bid proposal, and for such others as the Project
Engineer may direct, and shall not employ any subcontractor that CITY
may, within a reasonable time, object to as incompetent or as unfit.
V E te
6.1. The CONTRACTOR agrees to pay $500.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY'S issuance of
the "Notice to Proceed" or failure to achieve Substantial Completion
within ninety (201 calendar days from the Commencement Date as
indicated in the written "Notice to Proceed". The CITY shall have the
right to deduct such 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.
6.2. Punch list items recorded as a result of inspections for Substantial
Completion are to be corrected by the CONTRACTOR within thirty (30)
calendar days and prior to any request for Final Inspection, Testing and
Acceptance as stated in the General Conditions for Construction (GC-50).
If the Substantial Completion punch list items have not been corrected by
the CONTRACTOR within the thirty (30) calendar day period at the
discretion of the CITY, Liquidated Damages may be applied as described
in Section 6 above.
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7.1. The CONTRACTOR warrants that quoted prices include the protection
and continuous use of all existing work in process, property or operations
of the CITY as more particularly set forth in the Technical Specifications
for Construction, 01540, SECURITY AND SAFETY PROCEDURES
FOR INFRASTRUCTURE PROJECTS.
8.1. The CONTRACTOR shall indemnify and save harmless and defend the
CITY pursuant to the provisions set forth in General Conditions for
Construction, GC-26 - INDEMNITY.
1 .3wol 0 16
9.1. 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 Contract Documents.
9.2. The CITY reserves the right to negotiate any and all amounts contained in
the bidding and contract documents.
10.1 The CITY, without invalidating the Contract, may order extra work or
make changes by altering, adding to or deducting from the Work. At the
CITY's discretion, the CITY may make direct purchases of any
materials and equipment purchased for, or to be incorporated into the
Project, as determined by the CITY.
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specific written authorization will be secured from the CITY Manager's
office before executing the Field Change Directive or Change Order.
10.2 Change orders and adjustments shall be in writing and approved by the
CITY, otherwise, no claim for extras will be allowed.
10.3 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 same was ordered, in writing, as aforesaid and the claim
presented at the time of the first estimate after the work is completed,
HRIIIIFV:1 � 01 D1 !1I
11.1. The Project Engineer ("Engineer") is MAT HEWS CONSULTING. INC.
11.2. The Project Engineer shall have general supervision and direction of the
work. The Project Engineer is the agent of the 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 such authority in writing. He has authority to stop
the Work whenever such stoppage may be necessary to insure the proper
execution of the Contract.
11.3. As the Project 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 authority
pursuant to the Contract to enforce its faithful performance by both
parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the CITY who shall make the final decision.
12. INSURANCE
12.1. The CONTRACTOR shall obtain and maintain insurance as set forth in
the General Conditions for Construction GC-27, INSURANCE,
13.1. This Contract must be construed with all other Contract Documents, a
master set of which shall be maintained by the CITY Clerk of the CITY.
In the event of a dispute, only the master set of documents, or copies
thereof certified by the CITY Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set
forth in the Contract Documents, the conflict shall be resolved by written
interpretation by the CITY's Project Manager. In reconciling conflicting
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provisions of the Contract Documents, the Contract shall have the greatest
weight, followed by the General Conditions for Construction, technical
specifications, and finally by the balance of the Contract Document.
14.1. Inasmuch as the provisions of the 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.
15.1. In the event of any delay in the project caused by any act or omission of
the CITY, its agents or employees, by the act or omission of any other
party other than the CONTRACTOR, his agents, employees or
subcontractors, 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.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the Work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for
completing the Work within the time allocated by this Contract.
15.4. All requests for extension of time to complete the Work shall be made in
accordance with the General Conditions for Construction GC-23,
EXTENSION OF TIME/NO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and
employees" shall include but shall not be limited to the Project Engineer
and Project Manager.
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16.1. In accordance with the General Conditions for Construction GC-19,
SUSPENSION, in the event of a suspension, CONTRACTOR agrees that
its sole compensation shall be the per them direct job site overhead as set
forth in the Schedule of Bid Items.
I a
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INITIALS
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17.1. Disputes shall be resolved as set forth in the General Conditions for
Construction GC -18, DISPUTES.
17.2. Upon resolution of a dispute by the CITY, either party may request the
appointment of a mediator.
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IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its CITY Manager, attested to by the CITY Clerk with the Corporate Seal of the said
CITY and the CONTRACTOR has executed these presence the day and year herein
before written.
Signed, sealed and witnessed
in the presence of.
Attest.- '',a'?A;
,a. W :.. ,,.. .. ,
City Clerk
Signed, sealed and witnessed
in the presence of:
v ' City Manager
President or Vice President
Attest as to CONTRACTOR
State of Florida
County of Palm Beach
On this day of
authorized to administer oaths,
ss:
, 20_, personally appeared before me, duly
known to be the persons described herein or who has produced
as identification and who executed the foregoing
instrument and has acknowledged before me that they have executed same.
Notary Public
My Commission Expires:
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I �@ ► �Z$
NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach County,
Florida. Proof of recordation must be submitted along with this Form. One (1) set of
originals will be required.
(address or legal title of Contractor)
hereinafter called Contractor, and
(insert name of Contractor)
as Principal,
(name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON
BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
called Owner, in the amount of
Dollars ($ ), for payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these presents.
Contractor has by written agreement dated 20_, entered
into a contract with Owner for , in
accordance with drawings and specifications prepared by
which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract.
PFB- 1
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NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if
Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null
and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the
Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the
default, or shall promptly:
1. Complete the Contract in accordance with its terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the most responsible bidder, or, if the Owner elects,
upon determination by the Owner and the Surety jointly of the most responsible bidder,
arrange for a contract between such bidder and Owner, and make available as work
progresses (even though there should be a default or a succession of defaults under the
contract or contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract 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 Owner to Contractor under the contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of one (1) year from the date on
which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Owner named herein or the heirs, executors, administrators or successors of the Owner.
This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A
claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for his labor, materials, or supplies shall, within 45 days after beginning to furnish
labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice
that he intends to look to the bond for protection. A claimant who is not in privity with the
Contractor and who has not received payment for his labor, materials, or supplies shall, within 90
days after performance of the labor or after complete delivery of the materials or supplies,
deliver to the Contractor and to the Surety written notice of the performance of the labor or
delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or
supplies may be instituted against the Contractor or the Surety unless both notices have been
given. No action shall be instituted against the Contractor or the Surety on the bond after one (1)
year from the performance of the labor or completion of delivery of the materials or supplies.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its CITY Manager, attested to by the CITY Clerk with the Corporate Seal of the said
CITY and the CONTRACTOR has executed these presence the day and year herein
before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
l ei _1.‹ (37 Ve.4.-1-e E-« t
GNT Y 4k , City Manager
, # r
CAr `,i t=: Approved a• • Form:
/
A r ..! 4 111r ..-_:''■/ ' • LA. At : 1 441A r l
4 ∎ '! City Clerk City A .rn ey
Signed, sealed and witnessed CONTRACTOR
in the presence of:
4t♦) /
!� Press ent or Vice President
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
On s , day of 1 1?,1,,,i _ . _!. , , 0______ 3 person. di a ed before me, duly
authorized to adminis j oaths, / --'/(--e44 �1
� `
known to be t - persons . escrib' d herein or who has produced
_ .1 ,_,,, « f_ ! _ , sue. :s identification and who executed the foregoing
nstrument and has . knowledged before me that they have exe = ame.
• i 4� ,
Notary Public
My Commission Expires:
i Notary Public State or Honda
Y. Karen 7 %eiey
�p My Commission D0 98 pK ExWres 05/18/2014
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BOND NO.: PAYMENTBOND
NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach County,
Florida. Proof of recordation must be submitted along with this Form. One (1) set of
originals will be required.
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR
• THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF
THE CONTRACT
(insert name of Contractor)
MEN=$ ,
(address or legal title of contractor)
hereinafter called Principal, and
(name and address of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON
BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter
called Owner, for the use and benefit of claimants as here below defined, in the amount of
Dollars
for payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Principal has by written agreement dated
into a contract with Owner for
, 20 , entered
in accordance
with drawings and specifications prepared by
by reference made a part of hereof, and is hereinafter referred to as the Contract.
which contract is
PYB - I
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal
shall promptly make payment to all claimants as hereinafter defined, for all labor and material
used or reasonably required for use in the performance of the Contract, then this obligation shall
be null and void; otherwise it shall remain in full force and effect, subject, however, to the
following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a
subcontractor of the Principal for labor, material or both, used or reasonably required for use
in the performance of the Contract, labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner
that every claimant as herein defined, who has not been paid in full before the expiration of a
period of ninety (90) days after the date on which the last of such claimant's work or labor
was done or performed, or materials were furnished by such claimant, may sue on this bond
for the use of such claimant, prosecute the suit to final judgment for such sum or sums as
may be justly due claimant, and have execution thereon. The Owner shall not be liable for the
payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
b. After the expiration of one (1) year following the date on which Principal ceased work on
said Contract, it being understood, however, that if any limitation embodied in this bond
is prohibited by any law controlling the construction hereof such limitation shall be
deemed to be amended so as to be equal to the minimum period of limitation permitted
by such law.
c. Other than in a State Court of competent jurisdiction in and for the County or other
political subdivision of the State in which the Project, or any part thereof, is situated, or
in the United States District Court for the district in which the Project, or any part thereof,
is situated, and not elsewhere.
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4. The amount of this bond shall be reduced by and to the extent of a payment or payments
made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which
may be filed of record against said improvements, whether or not claim for the amount of
such lien be presented under and against this bond.
5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended.
A claimant, except a laborer, who is not in privity with the Contractor and who has not
received payment for his labor, materials, or supplies shall, within 45 days after beginning to
furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor
with a notice that he intends to look to the bond for protection. A claimant who is not in
privity with the Contractor and who has not received payment for his labor, materials, or
supplies shall, within 90 days after performance of the labor or after complete delivery of the
materials or supplies, deliver to the Contractor and to the Surety written notice of the
performance of the labor or delivery of the materials or supplies and the nonpayment. No
action for the labor, materials, or supplies may be instituted against the Contractor or the
Surety unless both notices have been given. No action shall be instituted against the
Contractor or the Surety on the bond after one (1) year from the performance of the labor or
completion of delivery of the materials or supplies.
Signed and scaled this day of 1 20
Principal (Seal)
Witness
Surety
Witness
Attorney-in-Fact
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k * 11 9 1711" 6*1100 0 0 0 0
WINOR �S�•W
COUNTY OF
as follows:
He is
(Title)
roll
, being first duly sworn, deposes and says
'BUM,
a Florida Corporation
a Florida General Partnership
a Florida Limited Partnership
a Sole Proprietor
Check One
which is named in Construction Contract dated the day of 5
20, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida
as the OWNER, for the construction of
and Affiant is authorized to make this
Affidavit as, or on behalf of, the Contractor as named above.
Title to all work, materials and equipment covered by the attached Final Application for
Payment dated , passes to the Owner at the time of payment free and
clear of all liens, and all laborers, materialmen and subcontractors have been paid for performing or
furnishing the work, labor or materials upon said Contract work covered by the aforesaid Final
Application for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
Affiant
Sworn to and subscribed before me this
day of 20
Notary Public, State of Florida at Large
My Commission expires:
(SEAL)
FOLTI �', !�— �
WAR - I
Revised 10-21-05
raise or lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only) MINIMUM LIMXT8REOUDRDD
General Liability
General Aggregate
$l,000,00O.0Q
Commercial General Liability
yrodu#oCompKOpAgg.
$l.00O8OU.@0
Owners & Contractor's Protective (OCP)
Personal J\ Adv. Injury
$l.O00U#O.D0
Liquor Liability
Each Occurrence
$ 1.000,000.00
Professional Liability
Fire Damage (any one fire)
$ 50,000.00
Employees 8tOfficers
Med. Expense (any one person)
$ 5,000.00
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion /bCollapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
--------------------------------------------------------------------'—
Automobile Liability
Combined Single Limit
$ 300,000.00
Any Auto
Bodily Injury (per person)
tohedetermined
All Owned Autos
Bodily Injury (per accident)
tohodetermined
Scheduled Autos
Property Damage
tobndetermined
Hired Autos
Trailer Interchange
$ 50.000.00
Nou'OmuvdAutom
PIP Basic
Intenoodal
-------------------'------------------------------------------'-------'
Garage Liability
Auto Only, Each Accident
$ 1.000000.00
Any Auto
Other Than Auto Only
$ 100.000.00
Garage Keepers Liability
Each Accident
$l,O8O
Aggregate
$l.00O.00O.00
-----------------------------------'--------'------'-----------------'—'
Excess Liability
Each Occurrence
to be determined
Umbrella Form
Aggregate
tohedetermined
-------------'—'--'-----------'-----------'------'------------'---'---'---
Worker's Compensation
Statutory Limits
Employer's Liability
Each Accident
$ 100
Disease, Policy Limit
$ 500,000.00
Disease Each Employee
$ 100,000.00
Property
Homeowners Revocable Permit $ 300p00.00
Builder's Risk Limits based oo Project Cost
—'-------'--'-----'-----'--'--'-----'---'--''------'--''--'--------------'---'--
Other - A, Risk Identified mb*determined
fNSURANCEADVISORYFORM Revised 11/2012
LIMITED POWER OF ATTORNEY
RECLAIMED WATER MAIN TO GALAXY ELEMENTARY
I, AUSTIN O'NEAL BATES, President of B &B Underground Contractors Inc located at 585 105 Avenue
North, Unit 16, Royal Palm Beach, Florida 33411 hereby appoint STEPHEN D DECKER, Manager of
B &B Underground Contractors Inc my true and lawful attorney -in -fact for me, in my name and on my
behalf
1 To exercise or perform any act, power, duty, right or obligation whatsoever that I now
have, or may subsequently acquire the legal right, power or capacity to exercise or
perform, in connection with, arising from or relating to the City of Boynton Beach,
Reclaimed Water Main Extension to Galaxy Elementary, including the execution of all
contract obligations
2. I grant to my attorney -in -fact full power and authority to do, take, and perform each and
every act or thing whatsoever necessary or proper to be done, in the exercise of any of the
rights and powers granted in this instrument, as fully to all intents and purposes as I
might or could do if personally present, with full power of substitution or revocation, and
by this instrument I ratify and confirm whatever act or thing that my attorney -in -fact shall
lawfully do or cause to be done by virtue of this durable power of attorney and the rights
and powers granted by this instrument
3. The rights, powers and authority of my attorney -in -fact as granted in this durable power
of attorney shall commence and be in full force on the date of this instrument and such
nghts, powers and authority shall remain in full force and effect thereafter until
completion of the project described above
This instrument is to be construed and interpreted as a durable power of attorney. This durable power of
attorney shall not be affected by disability of the principal, except as provided by statute
In witness, by signing this instrument I affirm all that is written above.
D r ar 11, 2013
NAME Austin O'Neal Bates- President (Corporate Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
Subscribed and sworn to before me on JANUARY 11, 2013 by AUSTIN O'NEAL BATES He is
personally known to me
,o�Pxye, LAURA DEMILLO
Notary Public - Stale of Honda
Notary Public Signature & Seal r ` . ; F. My Comm Expires May 19, 2013
%; ;; Commission # DD 890916
Laura DeMillo
My commission No. DD890916 Expires on May 19, 2013.