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R13-038 II 1 RESOLUTION NO. R13 -038 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 1 FLORIDA, APPROVING AWARD AND AUTHORIZING 6 AND DIRECTING THE CITY MANAGER AND CITY 7 CLERK TO EXECUTE A CONTRACT WITH ROHL 8 NETWORKS, LP OF JUPITER, FLORIDA FOR THE 9 BASE BID OF THE FIBER OPTIC CABLING PROJECT, 10 BID NO. 017-2821-13IDJL IN THE AMOUNT OF $68,795.00 11 AND ALTERNATIVE BID IN THE AMOUNT OF 12 $101,191.00 FOR A TOTAL OF $169,986.00 PLUS A 10% 13 CONTINGENCY OF $16,998.00, IF NEEDED, FOR A 14 TOTAL AMOUNT OF $186,984.00; AND PROVIDING AN 15 EFFECTIVE DATE. 16 17 18 WHEREAS, on March 6, 2013, the City received and opened two (2) bids in 19 response to an Invitation to Bid for the Fiber Optic Cabling Project Bid No. 017 -2821- 20 13 /DJL; and 21 WHEREAS, based upon evaluation by the Project Engineer, Procurement 22 Department and the Utilities Department, Rohl Networks, LP was recommended as the 23 lowest responsive, responsible bidder; and 24 WHEREAS, staff has recommended that the City enter into a contract to furnish and 25 install Fiber Optic Cabling and appurtenances in accordance with the Palm Beach County 26 permit as required from West Water Treatment Plant to Military Trail and south to 27 Woolbright Road for Section A and alternative pricing for future work for Sections B & C 28 along Woolbright Road where Section A terminates, then east to I -95. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as Document in Windows Internet Explorer 1 tj I 1 being true and correct and are hereby made a specific part of this Resolution upon adoption 2 1 hereof. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 authorizes and directs the City Manager and City Clerk to enter into a contract with Rohl 5 Networks, LP., to furnish and install Fiber Optic Cabling and appurtenances in accordance 6 with the Palm Beach County permit as required from West Water Treatment Plant to Military 7 Trail and south to Woolbright Road for Section A and alternative pricing for future work for 8 Sections B & C along Woolbright Road where Section A terminates, then east to I -95, in the 9 amount of $68,795.00 and alternative bid in the amount of $101,191.00 for a total of 10 $169,986.00 plus a 10% contingency of $16,998.00, if needed, for a total amount of 11 $186,984.00, a copy of the Contract is attached hereto as Exhibit "A ". 12 Section 3. This Resolution shall become effective immediately upon passage. Document in Windows Internet Explorer i I 1 PASSED AND ADOPTED this 16 day of April, 2013. 2 3 4 ' CITY OF BOYNTON BE H, FLORIDA 5 6 , '" ,ir Ci . r . 7 / or - Je „ Taylor 8 / / ' _ -t 10 17 ' e `er- -Wo. • . • . ' 11 12 %Z. I` 13 Commis `' - D. vi e . erk- ■ 14 J � ` 15 "�Lc7 16 C mmissio • er - 'chael Fitzpatrick 17 Piet 18 .i. 1 9 Co missioner - Joe Casello 20 ATTEST: 21 kft) 22 01. '..... . c 23 Jane M. Prainito, MMC 24 - Clerk 25 ,, • 27 ` or ` �lt," Document in Windows Internet Explorer BID TITLE: FIBER OPTIC CABLING BID NUMBER: 017- 2821- 13 /DJL R 13 -0 38 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and ROHL NETWORKS, L.P, a Florida Corporation ( ) Check One a Florida General Partnership ( ) a Florida Limited Partnership L XJ a Sole Proprietor ( ) 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: FIBER OPTIC CABLING WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by the City, submitted a bid on the 6th day of March, 2013, for the total bid amount of $68,795.00; and, WHEREAS, On the 6thi day of May , 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 one - hundred and twenty (120) 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: Fiber Optic Cabling C - 1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY hereby hires the CONTRACTOR 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. SCOPE OF SERVICES 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 Bonds 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 3. OBLIGATIONS OF CONTRACTOR 3.1. CONTRACTOR shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, Fiber Optic Cabling C - 2 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. 3.1.2.1. Comply with provisions in Special Conditions and Terms and Conditions for City Furnished Materials. 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 Bonds 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. 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. Fiber Optic Cabling C - 3 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. CITY'S OBLIGATIONS 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. COMMENCEMENT OF WORK 5.1. The City and Contractor agrees upon Contractor's per diem direct job site costs and home office overhead costs stated within the Bid document. The 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. 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 one - hundred and twenty (120) 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 hereinbelow 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 Fiber Optic Cabling C - 4 employ any subcontractor that CITY may, within a reasonable time, object to as incompetent or as unfit. 6. LIQUIDATED DAMAGES 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 one - hundred and twenty (120) 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 Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and /or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 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. 9. PAYMENT BY CITY 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. CHANGES IN THE WORK 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 Fiber Optic Cabling C - 5 purchased for, or to be incorporated into the Project, as determined by the City. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS A_ READ AND UNDERSTANDS THE ABOVE PROVISION. INITIALS 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. Changes in the work must be processed as set forth in the General Conditions for Construction GC -46, FIELD CHANGE DIRECTIVES /CHANGE ORDERS. No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e -mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field Change Directive or Change Order. If the Contractor adds such language, the Project Manager shall secure specific written authorization from the City Manager's office before executing the Field Change Directive or Change Order. 10.2 Change orders and adjustments shall be in writing and approved by the Project Manager, 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. 11. PROJECT ENGINEER 11.1. The Project Engineer ( "Engineer ") is AECOM. 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 Project Manager who shall make the final decision. Fiber Optic Cabling C - 6 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC -27, INSURANCE. 13. CONTRACT CONTROLS 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 Project Manager. In reconciling conflicting 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. TIME OF ESSENCE 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. REMEDY FOR DELAY 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. 15.2. 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. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS / READ AND UNDERSTANDS THE ABOVE PROVISION. l I IA S 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. Fiber Optic Cabling C - 7 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. 16. SUSPENSION 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 diem direct job site overhead as set forth in the Schedule of Bid Items. CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS An READ AND UNDERSTANDS THE ABOVE PROVISION. 47 A ' 17. DISPUTES 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 Owner, either party may request the appointment of a mediator. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY Fiber Optic Cabling C - 8 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: 4i c,“ Y aP, City Manager Attest: • oved a o Fo 'Xi _ Y71 • RatA e il&12-t City Clerk `l ` T � `City Attorn: Signed, se. -d : d witnessed CONTRACTOR in the p - se ' - y iden or Vice President d. e- J 40 ' / Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this 7, S day of 1 .,..„ . ' -- , 20 t )personally appeared before me, duly authorized to administer oaths, ... c. . , yh-, , -� I known to be the persons described herein or who has produced A- 3o.•.�r(.c_ ti ....,.� as identification and who executed the foregoing inst • ent and has dged before me that they have executed same. > Notary Public My Commission Expires: i , s MICHAEL D. WIECINSKI NOTARY PUBLIC STATE OF FLORIDA • �. �'. Comm #EE023828 Expires 9/8/2014 h. Fiber Optic Cabling C - 9 -/ D DATE (MWDD/YYYY) ' _ R° CERTIFICATE OF LIABILITY INSURANCE 04'2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Scott Fraser AON Reed Stentwuse Inc. PHONE FAX 1800 - One Lombard Place (AA;, No, Ext): 2048340271 (A/C, No): 204. 956.2148 Wlnnipag, Manitoba E-MAR R3B 2A3 ADDRESS: scott.fraserpaon.a PRODUCER CUSTOMER ID e: INSURERS) AFFORDING COVERAGE NAZ 0 INSURED INSURER A: Phoenix Insurance Company Rohl Networks, LP 000 - 2879 Juplter Park Drive INSURER B: Travelers Indemnity Company Jupiter FL 33458 U.S.A. INSURER C• Greet American Insurance Company INSURER D: Travelers Property Casualty Company of America INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUER POLICY EFF POUCY EXP LTR ( TYPE OF INSURANCE INSR WVD POUCY NUMBER (MM/DD/YYYY) (MMIDDIYYYY) LIMITS A GENERAL UABIUTY ® COMMERCIAL GENERAL LIABILITY ® O CO 70143172 01/19/2013 01/19/2014 EACH OCCURRENCE $1,000,000 OOUSD ❑QCLAIMS MADE ® OCCUR PRMGE TO RENTED PREMISES (Ea ooetxrenoe) 3300,000 00USD 0 MED EXP (Any one person) $5,000 OOUSD PERSONAL & ADV INJURY 51 ,000,000 000SD GEN'L AGGREGATE LIMIT APPLIES PER POLICY PROJECT ❑LOC GENERAL AGGREGATE $2,000,000-O0USD PRODUCTS - COMM/JP AGG 82,000,000 000SD I B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT QANY AUTO BA 7C143172 01/19/2013 01/19/2014 (Ea accident) 81,000,000 000SD ❑ALL OWNED AUTOS F2 El BODILY INJURY /Per person) $1,000,000 OOUSD El SCHEDULED AUTOS BODILY INJURY (Per accident) 51,000,000 OOUSD El HIRED AUTOS PROPERTY DAMAGE ®NON -OWNED AUTOS (Per accident) , $1,000,000 OOUSD C UMBRELLA LIAB DOCCUR EACH OCCURRENCE 59,000,000 OOUSD ❑ EXCESS LIAB ❑CLAIMS -MADE TUU 0324931 01 01/19/2013 01/19/2014 AGGREGATE $9,000,000 OOUSD ❑DEDUCTIBLE ® (excess of General Liability, Automobile Lab:lrty ❑RETENTION $ Li 8 Employers ability) D WORKERS COMPENSATION fsiC STATU- 1 AND EMPLOYERS' LIABILITY UB 70143172 01/19/2013 01/19/2014 ( T ORY LIMITS OTHER 1 ANY PROPRIATORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ YIN N/A 0 E L EACH ACCIDENT 51,000,000 OWED (Mandatory in NH) H yes, describe under E L DISEASE - EA EMPLOYEE 81,000,000 00USD SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT 51,000,00000USD All states except AK, ND, OH, WA, WY DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) .. c• 1 :r1 it - ••,. _ , .ra Addit,onal Insured(s) City of Boynton Beach, but only with respect to the liability arising from the operations of the Named Insured CERTIFICATE HOLDER CANCELLATION City o B oynton Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Y EXPIRATION DATE THERE9F, NOTICE BE, IN WITH THE PO Box 310 POLICY PROVISIONS. - , . , , ' 1 MA Boynton Beach FL 33425 -0310 x 's. £- A - , ._ '- ' /1/0 - U S A AUTHORIZED REPRESENTATIVE F 4 .0 '�, ®1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD A �I °- .- CERTIFICATE OF PROPERTY INSURANCE DATE(M 04/225!2015/201 YYY) 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICTE HOLDER. If this certificate is being prepared for a party who has an insurable Interest In the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTACT NAME: Scott Fraser Aon Reed Stenhouse Inc. PHONE PHONE 1800 — One Lombard Place (A/C, No, Est). 204 - 934.0271 INC. No, Ext): 204 -934 -0271 Winnipeg, Manitoba E-MAIL Pegr ADDRESS: scotLirsserjQaon.ta R3B 2A3 PRODUCER CUSTOMER IOC INSURER(S) AFORDING COVERAGE NAIL 4 INSURED INSURER A: Trawlers Property Casualty Company of America Rohl Networks, LP 900 — 2875 Jupiter Park Drive INSURER B: Jupiter FL 33458 INSURER C: U.S.A. INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach 101, Additional Remarks Schedule, more space is required) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POUCY EXPIRATION COVERED PROPERTY LIMITS LTR TYPE OF INSURANCE POUCY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) ❑ PROPERTY DEDUCTIBLES ❑ BUILDING $ CAUSES OF LOSS ❑ PERSONAL PROPERTY ; ❑ BASIC BUILDING ❑ BUSINESS INCOME $ ❑ BROAD ❑ EXTRA EXPENSE $ ❑ SPECIAL CONTENTS ❑ RENTAL VALUE ❑ BLANKET BUILDING ❑ EARTHQUAKE ❑ BLANKET PERS PROP $ ❑ WIND ❑ BLANKET BLDG & PP S ❑ FLOOD ❑ ❑�—yy _ ❑ LJ ( ❑ ❑ INLAND MARINE TYPE OF POLICY ❑ ' 8 CAUSES OF LOSS ❑ S POLICY NUMBER ❑ NAMED PERILS ❑ S ❑ ❑ E ❑ CRIME ❑ TYPE OF POLICY 0 A ® INSTALLATION FLOATER IZySI INSTALLATION OF UNDERGROUND QT660- 8Al25671 01/19/2013 01/19/2014 u1LmE8 $500,000 00 USD 0 SPECIAL CONDITIONS / OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule, If more specs is required) Re Bid No 017- 2821-12/DJL— Fiber Optic Cabling CERTIFICATE HOLDER CANCELLATION City of Boynton Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y y EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PO Box 310 POLICY PROVISIONS , , s a (CY•2 , _ T . ,,u r Boynton Beach FL 33425 -0310 �' , ... , _ R ' e- U S A. AUTHORIZED REPRESENTATIVE f it o are © 1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24 (2009!09) The ACORD name and logo registered marks of ACORD . PERFORMANCE BOND BOND NO.: 105828998/90027591 NOTE: Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted along with this Form. One (I) set of originals will be required. KNOW ALL MEN BY THESE PRESENTS: that Rohl Networks LP (insert name of Contractor) Suite 900, 2875 Jupiter Park Drive, Jupiter, Florida 33458 as Principal, (address or legal title of Contractor) hereinafter called Contractor, and Travelers Casualty and Surety Company of Amenca (name and address of Surety) 1 Tower Square, Hartford, Connecticut 06183 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425 -0310 as Obligee, hereinafter called Owner, in the amount of Sixty Eight Thousand Seven Hundred Ninety Five* xx /100 Dollars ($ 68,795.00 ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated April 16 , 2013 , entered into a contract with Owner for Bid No. 017 - 2821 12/DJL - Fiber Optic Cabling 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 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. PFB- 2 Signed and sealed this 24th day of April , 2013 . Rohl Networks LP , , �� ,' Principal Seal) VIA/ ` � - ' W 1 tress — _ Title / Travelers Casualty and Surety Company of America � ,,{r Surety / ,„,., Witness A .rney -in -Fact + END OF PERFORMANCE BOND PFB -3 PUBLIC CONSTRUCTION BOND PAYMENT BOND BOND NO.: 105828998/90027591 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 OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Rohl Networks LP (insert name of Contractor) Suite 900, 2875 Jupiter Park Drive, Jupiter, Florida 33458 as Principal, (address or legal title of contractor) hereinafter called Principal, and Travelers Casualty and Surety Company of America (name and address of Surety) 1 Tower Square, Hartford, Connecticut 06183 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 herebelow defined, in the amount of Sixty Eight Thousand Seven Hundred Ninety Five ""xx(100 Dollars ($ 68,795.00 ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated April 16 , 2013 , entered into a contract with Owner for Bid No. 017 - 2821 12IDJL - Fiber Optic Cabling in accordance with drawings and specifications prepared by which contract is PYB - 1 Revised 10 -21 -05 PUBLIC CONSTRUCTION BOND by reference made a part of hereof, and is hereinafter referred to as the Contract. 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: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. 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. PYB -2 Revised tO.21 -O PUBLIC CONSTRUCTION BOND 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 sealed this 24th day of April , 2013 . Rohl Ne • s LP • - nipal (Seal) ` +rtness ... 4 Travelers Casualty and Surety Company of America Surety Witness • A A I'rney -m- t 4 16 END OF PAYMENT BOND PYB -3 Revised 10.21 -05 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER I AV, - POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company , 1 1 Attorney -In Fact No. 226161 Certificate No. 0 05379306 „ i 1 KNOW ALL MEN BY THESE PRESENTS That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance i „ Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidehty and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwnters, Inc , is a corporation duly organized under the + laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Andrew Zimmermann, John W Madison, Lloyd Gooding, Michael Byrne, and Sel Tse 1 1 . , r of the City of W inmpcg, Manitoba , state of Canada , their true and lawful Attomey(s) -m- Fact, each in their separate capacity It more than one i s named above, to sign, execute, seal and acknowledge any and all bonds, recogmzances, conditional undertalangs and i other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of i contracts and executing or guaranteeing bonds and undertakings required or permitied in anv a tions or proceedings allowed by law. IN WITNESS WILEREOF, the Companies have caused this instrument tc be signer, and then corporate seals to be hereto affixed, this 21st k day of February , 2013 I T Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company „ Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America E St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company 1 1 gg r -0.6UH tOILIEE{ C��6 , • S 6 Pt,N8 yp pt� A/, � y 9 ,„ 13 jj n _ ` ctu . �R,T'�'r4' i �M vo., 4 a t6s4�, ��� r N. i � , fi o -+ _ _ytial 9r , ( w 3 Z •. o I MRIFptl < , i y4, 1 »� Ty ,' ?951 s a 'd\.....LAIsabn t 81CLi { � .61 le 14 * MOP I C State of Connecticut By: ,,a G��� City of Hartford ss Robert L Raney, Senior Vicc President On this the _ 21st day of February 2013 , before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing ' instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer li st 1 y i In Witness Whereof, I hereunto set my hand and official seal. J CC . r,� s R My Commission expires the 30th day of June, 2016 * • * Mane C Tetreault, Notary Public ii z ;� i kW • 1- 58440 -8 -12 Printed in U.S.A. ; i 1 WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER l — _ , . , . WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER , This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity ` and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St Paul Mercury Insurance Compan}, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States f Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf 4 of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the ; = Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any t of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary, and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a wntten delegation of authority; and it is ! FURTHER RESOLVED, that the signature of each of the following officers President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -m -Fact for purposes only of executing and attesting bonds and undertakings and other wntmgs obligatory m the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on � the Company in the future with respect to any bond or understanding to which it is attached I, Kevin E. Hughes, the undersigned, Assistant Secretary, ot Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, In , St Paul Fire and Manne Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compame a which is in full foi'e and effect and has not been revoked IN TESTIMONY WIIEREOF, 1 have hereunto set my hand and affi ked the seal3 ot said Companies this 24 th day of April , 20 13 Kevin E Hughes, Assistant Sec tary ( y.,orta�r 4 o ��_�Sw � iMa 0o pri gyp a i t „fob C S,o d Yl �a t, " id t- +rnti�� O-,.t> Nth �: f+€' 0 `4� S a , ' . ! AIPi To venfy the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www travelersbond com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER