R13-043 II
i'
1 RESOLUTION NO. R13 -043
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN
5 AWARD AND AUTHORIZING EXECUTION BY THE CITY
6 MANAGER OF A CONTRACT WITH ANZCO, INC., OF
7 �, BOCA RATON, FLORIDA FOR BID #042- 2210 -13 /JMA FOR
8 THE CONSTRUCTION OF NEW BUNK ROOMS FOR FIRE
9 STATION #3 IN THE AMOUNT OF $104,107.00 PLUS A
10 10% CONTINGENCY OF $10,411.00 FOR A TOTAL
11 PROJECT AMOUNT OF $114,518.00; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, on April 9, 2013, Procurement Services received and opened ten (10)
15 bids submitted in response to an Invitation to Bid #042 - 2210 -13 /JMA "New Bunk Rooms
16 for Fire Station #3 "; and
17 WHEREAS, staff reviewed the bid proposals and it was determined that Anzco, Inc.,
18 of Boca Raton, Florida was the lowest, most responsive, responsible bidder; and
19 WHEREAS, the City Commission of the City of Boynton Beach upon
20 recommendation of staff, deems it to be in the best interest of the citizens of the City of
21 Boynton Beach to award and authorize execution of a contract with Anzco, Inc., of Boca
22 Raton Florida for Bid #055- 2210 -13 /JMA for the construction of New Bunk Rooms for Fire
23 Station #3 in the amount of $104,107.00 plus a 10% contingency of $10,411.00 for a total
24 project amount of $114,518.00.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
28 as being true and correct and are hereby made a specific part of this Resolution upon
29 adoption.
30
1 \apps3 city cbb\ auto \Data\177 \Items \169\2442 \3165 \Reso -Award Bid and Contract - FS 3 Bunk Room construction doc
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11
1 Section 2. The City Commission of the City of Boynton Beach, Florida,
2 hereby approves the award and authorizes the City Manager to execute a Contract with
3 Anzco, Inc., of Boca Raton Florida for Bid #055- 2210- 13 /JMA for the construction of
4 New Bunk Rooms for Fire Station #3 in the amount of $104,107.00 plus a 10%
5 contingency of $10,411.00 for a total project amount of $114,518.00, a copy of which
6 ( Contract is attached hereto as Exhibit "A ".
7 Section 3. That this Resolution shall become effective immediately.
8 PASSED AND ADOPTED this 21 day of May, 2013.
9
10 CITY OF BOYNTON BEACH, FLORIDA
11
12 rte v
13 4 —.e Tayl•r'
14
15 i G
16 \ \ ice Mayor — Woodrow L. Hay
17
18 `Neu
19 Co �� 1 sii ner — David . ► erker
20
21 , •
22 Co mission — Mi -Ahae . Fitzpatrick
23
24 Nike
25 Co issioner — Joe Casello
26 ATTEST:
27
28
29 l�
30 Via / { Y • Plua.A.A4A)
31 11Ir M. Prainito, MMC
32 ity Clerk
33 G AT Y OA"
34
35
36 (Co at a1)
0
\ \apps3 city c . '� \Items\1 69\2442\3165 \Reso - Award_Bid_and Contract_ _FS_3_Bunk_Room_construction doc
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R I' -o '4
CONTRACT FOR CONSTRUCTION SERVICES
THIS AGREEMENT, made and entered into this Q r) day of 13L.r2. , 2013, by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "City" and ANZCO, INC.
a Florida Corporation (_XXi 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, had determined that the bid in the total amount of
$104,107.00 submitted by the aforementioned CONTRACTOR was the best and most desirable bid
submitted, and has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.1 The CITY does award the contract to and does hire and employ the
CONTRACTOR and the CONTRACTOR does accept the award, predicated upon
the bid of the CONTRACTOR, dated APRIL 9, 2013, which is hereby
incorporated by reference into this agreement, and the CONTRACTOR does
agree to furnish the necessary labor, tools, equipment, materials and supplies, etc.,
and to perform all the work provided in the bid, contract documents, bond
documents, plans and specifications for:
Bid Title: NEW BUNK ROOMS FOR FIRE STATION 3
Bid Number: 042- 2210- 13 /JMA
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 in
the amount of: $104,107.00.
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, General Conditions for Construction, and
Supplementary Conditions for Construction, plans which include all maps, plats,
blueprints, and other drawings and printed or written explanatory matter thereof
as contained in the bid, contract documents and specifications for the project.
2.2 All the work and labor performed under this contract shall be performed, and all
of the material furnished shall be, in strict conformity with said plans and
specifications, and CONTRACTOR accepts and consents to the conditions
contained in said plans and specifications and expressly agrees to comply with
every requirement and stipulation therein contained to be performed by the party
contracting to do said work.
2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and
supplies and to do all the work above mentioned in a first- class, substantial and
workmanlike manner, and in conformity with the detail for said work on file in
the office of the City Engineer of the City and strictly in accordance with the
specifications, general stipulations and plans which are hereby referred to and
made a part of this contract, as well as to the satisfaction of the City Commission
and City Engineer of the said City, and in strict obedience with the directions
which may be given by the City Manager or his authorized representative, at and
for the prices herein plainly set forth.
2.4 Upon receipt of written notification from the CITY, to correct any defective or
faulty work or materials which may appear within one (1) year after completion
of the contract and receipt of final payment. CONTRACTOR shall make the
necessary corrections within ten (10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all claims or liens incurred in
and about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials. Forms to be supplied by CITY.
2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys, parkways
and adjacent property that may have been used or worked on by the
CONTRACTOR in connection with the project promptly as such section or
portion is completed and ready for use, leaving the same in a neat and presentable
condition.
2
Payment of monthly or partial estimates may be withheld until this has been done
to the satisfaction of the City Engineer. 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 City Engineer shall satisfy himself, by
examination and test, that the work has been fully completed in accordance with
the plans, specifications and contract documents. When the City Engineer 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, or other areas of
structure in anyway connected with the performance of the contract, the work as a
whole shall be inspected by the City Engineer, and any workmanship or material
found not meeting the requirements of the specifications shall be removed by or at
the expense of the CONTRACTOR and good and satisfactory workmanship or
material substituted therefore. All settlement, defects or damage upon any part of
the work shall be remedied and made good by the CONTRACTOR.
2.11 The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause.
3.0 COMMENCEMENT OF WORK
3.1 CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written "Notice to Proceed" of the CITY and to
fully complete the project within 120 calendar days following the commencement
date as specified in same.
3
3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in
the performance of the work specified and required to be performed within the
time limit set forth in the contract, after due allowance for any extension or
extensions of time made in accordance with herein before set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and not as
penalty, in the amount stipulated therefore in the General Conditions for
Construction or in other documents for each and every calendar day that the
CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages from any amount
due, or that may become due the CONTRACTOR, or to collect such liquidated
damages from the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm
with City Engineer in writing, the names of subcontractors as originally proposed
for principal parts of work, and for such others as City Engineer may direct.
Contractor shall not employ an that City Engineer may, within a reasonable time,
object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay $1,500.00 per day as liquidated
damages, for failure to begin within ten (10) days of "Notice to Proceed" or
failure to complete the work within 120 calendar days from the commencement
date to be indicated in the written "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, guard
rails and other construction encountered, and the prompt repairing of any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also
all pumping bailing draining or unwatering of all excavations, incidental to the
execution of the work; also the furnishing of all necessary labor, tools, equipment,
materials and supplies, etc. and the performance of the whole work mentioned in
the detailed plans and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the suspension or
discontinuance of the said work specified and a faithful compliance with each and
every one of the requirements of the contract and for the maintenance of the entire
work and construction in good condition and repair until final acceptance.
4
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 contract, or which are in any manner affected by the
prosecution of the work or the transportation of men and materials in connection
therewith. The CONTRACTOR shall give reasonable written notice in advance to
the department of the CITY having charge of any property or utilities owned by
the CITY and to other owner or owners of public or private property or utilities
when they shall be affected by the work to be performed under the contract, and
shall make all necessary arrangements with such department, departments, 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 against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and appellate attorney's
fees) of whatsoever kind or nature for damages to persons or property caused in
whole or in part by any act, omission, or default of the CITY, its agents, servants
or employees arising from this contract or its performance. The CONTRACTOR
and the CITY hereby agree and covenant that the CONTRACTOR has
incorporated in this original bid, which constitutes the contract sum payable by
the CITY to the CONTRACTOR, specific additional consideration sufficient to
support this obligation of indemnification provided for in this paragraph. It is the
CITY'S and CONTRACTOR'S full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida Statute 725.06.
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 Attachment "A" herein.
However, the indemnification provision, and the insurance provision contained in
this Contract are not interdependent of each other, each one is separate and
distinct from the other.
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.
5
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.
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
the work without making a claim in writing for unforeseen extra work he
encounters, it will be construed as an acceptance and agreement by him
that any such work is required under the contract and no future claim for
extras will be considered or allowed by the CITY.
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 adjustments under the contract shall be
promptly transmitted in writing by the General CONTRACTOR to the
CITY'S Representative with full explanations and justifications for his
consideration in preparing a Change Order to the Contract.
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.
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.
7
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 expenses.
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 copies of the
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 that same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
8.6 No Field Change Directive or Change Order shall be authorized by the Project
Manager if the Contractor has added language to the Field Change Directive or
Change Order or to any cover letter, e -mail, facsimile, or other written document
which accompanies the Field Change Directive or Change Order in which the
contractor attempts to reserve any future right or claim arising out of the work
which is the subject of the Field change Directive or Change Order.
8
9.0 PROJECT ARCHITECT
9.1 The project Architect shall be Steven E. Myott with Steven Myott Architecture,
639 East Ocean Avenue, Suite 403, Boynton Beach, FL.
9.2 The Engineer shall have general supervision and direction of the work. The
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 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 connected herewith, and
whenever any of the work in the contract is to be sublet, CONTRACTOR'S
contingent or protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance requirement
schedule attached as Attachment "A ".
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 with construction equipment shall be
equipped with mufflers, as required by the Code of the City of Boynton Beach,
and the CONTRACTOR shall comply with all requirements of this Code as they
pertain to prevention of noise. No pile driver, excavating or other construction
equipment, pneumatic hammer, derrick, the use of which is attend by loud or
unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M.,
except by written permission of the City Manager, and then only in case of
emergency.
9
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, the City Manager may serve ten (10) days' written
notice upon the CONTRACTOR of the intent to terminate the contract for the
CITY and if the CONTRACTOR shall not, prior to the effective date of
termination set forth in such notice, take such measures as will, in the judgment
of the City Manager, ensure the satisfactory performance of the work, the City
Commission and the City Manager may declare the contract terminated on the
effective date specified in such notice, or any date subsequent thereto. In the event
of such termination, the City Manager shall notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and stop
work and cease to have any right to the possession of the ground and shall forfeit
his contract. Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY'S action and the Surety shall within ten (10) days
of receipt of said notice remedy the default or the Surety shall as expeditiously as
possible:
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 determination by Surety and the CITY of
the lowest responsible bidder, make available as work progresses (even
though there should be a default or a succession of defaults under the
contract or contracts or completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages for
which the Surety may liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price ", as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the contract and any amendments thereto, less the
10
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 Inasmuch as the provisions hereof, and of the plans and specifications herein, and
of all the other contract documents relating to the times of performance and
completion of the work are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined
program, all such time limits are of the essence of the contract.
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 agents or employees, by the act or omission of any other party, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project. No monetary damages shall be claimed or awarded to
CONTRACTOR in association with any delay in the project caused by an act or
omission of the CITY, its agents or employees.
15.2 Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.3 All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction.
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.
11
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of: , d /t _ t_ __, ii;;;VVGC-4--4-0"-C___
a cyvt-r v‘, e co Y o ,<- City Manager
Attest m U ppr• ed as F � :
as /, • N -- a. _ . • TON ' A
City Clerk City A` ir y
Signed, sealed and witnessed CONTRACTOR
in : presence of:
4AJ2c0 S.t. (
L1 �_ ^�.�`�..�� -...2' te a . _ 77 • zap - 2‘.4,-..), A1 r
' or the Vice Presi•.-nt
i / /
i/ _ IL
AtWt rto .ntractor
State of Florida )
) ss:
County of Palm Beach )
On this 3 day of 1—L , 20 /3 , personally appeared before me duly authorized to
administer oaths to me known to be the
persons described herein and who executed the foregoing instrument and have acknowledged before
me and they have executed same. ``�
G ANNE 0 04Y E
Notary Public r. MY COMMISSION # EE108571
EX PIRES May
`t • 29. 2016
(407) i99.Ot FbndtiNOMYSeM ∎ awn
My Commission Expires: ftla.(1 ca,9, 9.O/(
12
WARRANTY
The undersigned, 4Nzco r
hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages
resulting from the work conveyed to the City of Boynton Beach (the "City "), pursuant to that
certain Bill of Sale or Plans dated which is result of a defect in the materials or
workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as
soon as reasonably possible or, if such repairs have already been made by the City, the
undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making
of such repairs, shall forthwith refund same to the City. Anything herein to the contrary
notwithstanding, the City shall have the sole obligation to perform all maintenance required.
Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result
from the failure of the City to properly maintain same or misuse or abuse (except, however,
nothing contained herein shall be construed to release the undersigned from liability for damage
or defect caused by acts of the undersigned or its employees or agents in connection with the
completion by the undersigned of the project).
Date: &Ai/ 3
By: b .
resident
Name of Company
(CORPORATE SEAL)
WARR - 1
STATE OF FLORIDA )
S:
COUNTY OF ' Pat KR -- beQ
I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take
acknowledgements, personally appeared %..biI) ). ?s-1 -c.
Florida Corporation and general partner of 4Nzco Z-M
A Florida limited partnership, to me known to be person described in and who executed the
foregoing instrument and he acknowledged before me that he executed the same for the uses and
purposes therein expressed.
ANNE 0 DOYLE
4 MY COMMISSION # EE198571
'-t EXPIRES May 29, 2016 1
, (4011 AS-01113 FlaridikotaryEervka xwi
Notary Public, State of Florida
My Commission Expires: 6 /t -RI I IP
WARR -
WARRANTY OF TITLE
To be executed with each and every payment or draw request
STATE OF FLORIDA
COUNTY OF Pa ti 2:44r..44
r..44
30 Atli b . 24 , being first duly sworn, deposes and says as follows:
He is " s of .Q.u2CP .r.ue-
(Title) (Name of Corporation or Firm)
a Fr_oci.04- corporation which is named in Construction Contract dated the
day of , 2013, 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 Periodical Estimate for
Payment dated , passes to the Owner at the time of payment free and clear of
all liens, and all laborers, material men and subcontractors have been paid for performing or
furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical
Estimate for Payment.
This statement under oath is given in compliance with Section 713.06 Florida Statutes.
LIC
Affiant
Sworn to and subscribed before me this
3 day of ''(,t�-L.. , 2013.
Notary Public, State of Florida at Lar e
My Commission expires: 31 f .7oI (p
ANNE D DOYLE
COMMISSION 0 EE198571
EXPIRES
� .�' �y 29.2018
(4O7)
WT -1
FINAL ESTIMATE RECONCILIATION AGREEMENT
This Final Estimate Reconciliation Agreement covering the period from
, to , supersedes any and all previous correspondence
or verbal agreement regarding deletions or additions to the scope of work in the performance of
the contract dated for construction of and all
appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida.
It is hereby agreed and understood that all quantities and prices shown on the attached
Final Estimate No. are correct and the amount of $ constitutes final
payment, including retainage, and Change Order No. for all materials furnished
and work performed by , Contractor, and all other
contractors, in the construction and completion of the above project, all which were to be
performed in strict accordance with the terms of the original contract.
It is further agreed and understood that the one -year warranty period of workmanship and
materials furnished shall commence on final completion and acceptance by the Owner, City of
Boynton Beach, as outlined in Paragraph C -15 of the original agreement.
By:
RECOMMENDED FOR APPROVAL:
By:
ACCEPTED:
By:
Date:
FER - 1
State of Florida )
) ss:
County of Palm Beach )
On this day of , 20 , personally appeared before me duly authorized to
administer oaths to me known to be the
persons described herein and who executed the foregoing instrument and have acknowledged before
me and they have executed same.
Notary Public
My Commission Expires: