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R13-0761 RESOLUTION R13 -076 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 RIC -MAN 6 CONSTRUCTION FLORIDA, INC., FOR RAW WATER MAIN — 7 SECTION B PROJECT IN RESPONSE TO BID NO. 041 -2821- 8 13/DJL IN THE AMOUNT OF $3,112,000 PLUS A 10% 9 CONTINGENCY OF $311,200 FOR UNFORESEEN CONDITIONS 10 FOR A TOTAL EXPENDITURE OF $3,423,200; AUTHORIZING 11 EXECUTION BY THE CITY MANAGER AND CITY CLERK; 12 AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, on April 24, 2013 Procurement Services received and opened twelve 15 (12) bids in response to Bid 041 - 2821- 13 /DJL for Raw Water Main — Section B project; 16 and 17 WHEREAS, after reviewing the bids submitted, Erdman Anthony, Procurement 18 Services and the Utilities Department all recommend awarding the Contract to Ric -Man 19 Construction Florida, Inc., as the lowest, most responsive, responsible bidder who met all 20 specifications; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it 22 in the best interest of its residents and citizens to approve the Contract for Raw Water 23 Main — Section B project with Ric -Man Construction Florida, Inc., in the amount of 24 $3,112,000 plus a 10% contingency of $311,200 for a total expenditure of $3,423,200. 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 hereof. \ \apps3 city cbb\ auto\ Data\ 182\ Items\ 174\ 2522 \3316 \Reso_ - _Ric- man_Contract_Raw_Water Mam_(Section_B) doc 1 1 Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve a Contract with Ric -Man Construction Florida, Inc., for Raw Water Main 3 — Section B project in the amount of $3,112,000 plus a 10% contingency of $311,200 for a 4 total expenditure of $3,423,200 and authorize the City Manager and City Clerk to execute 5 the Contract, a copy of which is attached hereto as Exhibit "A ". 6 Section 3. This Resolution will become effective immediately upon passage. 7 PASSED AND ADOPTED this 6 day of August, 2013. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 J t M. Prainito, MMC 29 ity Clerk 30 , 31,��� 32 33 (Corporate Seal)'" �+ 34 CITY OF BOYNTON BEACH, FLORIDA V ayor J r ,\ 'ce _Mayor c Woodrow L. Hay issione avid T. Merker Iissia er -A:1M�ichael . Fitzpatrick C( mmissioner —Joe Casello \ \apps3 city cbb\ auto\ Data \182\ Items \174\2522\ 3316 \Reno_ -_Ric- man_ Contract _Raw_Water_Mam_(Section_B) doc A CONSTRUCTION CONTRACT Boynton Beach Utilities — Raw Water Main Section B C-1 neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Two Thousand and Thirty Dollars ($2,030) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. *61►11111:7TH69g. lei CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Three Million, One Hundred and Twelve Thousand ($3,112,000.00) (Written) (Numerical) CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title /release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other Boynton Beach Utilities — Raw Water Main Section B C -2 parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SubCONTRACTORs or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. CONTRACTOR warrants all work, materials and equipment shall be free from damages and /or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and /or workmanship within twelve (12) month period. • .a The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Supplementary Conditions 7.8 Technical Specifications 7.9 Drawings 7.10 Addendum No. 1 Dated April 9, 2013 Addendum No. 2 Dated April 18, 2013 Boynton Beach Utilities — Raw Water Main Section B C -3 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Christopher Roscheck, Engineer Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Tel (561) Fax (561) Copy to: Procurement Services Division Attn: Director of Financial Services City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33425 Tel (561) 742 -6311 Fax 561) 742 -6316 And if sent to the CONTRACTOR shall be mailed to: RIC -MAN CONSTRUCTION FLORIDA, INC. 3100 S.W. 15 "' Street Deerfield Beach, Florida 33442 Attn: Daniel Mancini Tel: 954 - 426 -1221 Fax: 954 -426 -1226 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. rmtm ME R:1 nt eTT - 1 3 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — Raw Water Main Section B C-4 12.1 The City of Boynton Beach is a public agency subject to Chapter, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 12.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 17. Boynton Beach Utilities — Raw Water Main Section B C-5 ` City Manager oe 'On4—�� Contractor -'--- ------'-- . (C#itylerk ° Approved as to rm: Title _ Secretary Boynton Beach Utilities — Raw Water Main Section B C-6 hereinafter called Contractor, and Western Surety Company (name and address of Surety) i[G1RN 140VIRM - !1 • , . ■ 1 1 .^ 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 Three Million One Hundred Twelve Thousand and 001100 Dollars ($ 3,112,000.00 ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly • M= �� Contractor has by written agreement dated August 6 20 13 , entered into a contract with Owner for Ric-Man Construction Florida, Inc. in accordance with drawings and specifi cations prepared by Erdman Anthony which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — Raw Water Main Section B PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD ............ . ................. ................................ ............... -1-111111'', . . . ......... ... Any suit under this bond must be instituted before the expiration of one (1) year from the date • 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 otha than the Owner named herein or the heirs, executors, administrators or successors of t Owner. I Boynton Beach Utilities — Raw Water Main Section B PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD .... ..........................W.,., . . . . ... ....... MTM� - ^# 'To t Title Witness Terri L. Lawhorn Western Surety Company Surety Aftorney G. Zervos III • U1111 li�� �� j ��� I 1 - :• a 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 Ric-Iflan Construction Florida, Inc. (insert name of Contractor) 3100 S.W. 15th Street, Deerfield, FL 33442 as Principal, (address or legal title of contractor) ion* IMU1131 ppi 1%112111111 ITIF,11 in, 11 1 vr mmm mA 3= I MON i l7y" wlwwm r*Tw-ll l Q mi I WIN reasunaof,TLIVATIM 1101 Ase in Me UY Ulu Contract, Men Inis 001192110 and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: Boynton Beach Utilities — Raw Water Main Section B PYB- I THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 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 • the Contract. b. After the expiration of one (1) year following the date on which Principal ceased work on such 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. 4 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 such improvements, whether or not claim for the amount of such lien be presented under and against this bond. Boynton Beach Utilities — Raw Water Main Section B PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Witness Terri L. Lawhorn Western Surety Company Surety Q1 Angleo G. Zervos Boynton Beach Utilities — Raw Water Main Section B PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James R Gargaro, Gus E Zervos, Angelo G Zervos, Donald W Burden, Veronda D Gordon, Individually of Southfield, MI, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the B y -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 70th day of March, 2013. State of South Dakota ss County of Minnehaha On this 20th day of March, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say_ that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires r J. MOHR. r June 23, 2015 RMNOTAav AIKOT S SEAL SOUTH DAKOTA SEAL 8 J f� J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereuntd subscribed my name and affixed the seal of the said corporation this 14th day of Auqust 2013 aE WESTERN SURETY COMPANY .fie p a& _ W °cP +" iif a* Sfpe, ��rk orw°` keh.., Assistant Secretary Form F4280 -7 -2012 WESTERN SURETY COMPANY Erro ato ®^� aul T. Brvflat, Vice President On this 20th day of March, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say_ that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires r J. MOHR. r June 23, 2015 RMNOTAav AIKOT S SEAL SOUTH DAKOTA SEAL 8 J f� J. Mohr, Notary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereuntd subscribed my name and affixed the seal of the said corporation this 14th day of Auqust 2013 aE WESTERN SURETY COMPANY .fie p a& _ W °cP +" iif a* Sfpe, ��rk orw°` keh.., Assistant Secretary Form F4280 -7 -2012 County, Florida. Proof of recordation must be submitted along with this Form. One (V set of originals will be required. 3100 S.W. 15th Street, Deerfield, FL 33442 (address or legal title of Contracti hereinafter called Western Surety Company (name and address of Surety) in," and N Boynton Beach Utilities — Raw Water Main Section B PFB- 1 THIS FORM SHALL BE EXECUTED BY. CONTRACTOR AND SUBMITTED AT AWARD . ... . .............. ................. ..... ........ ... . ....... . ..... .............. ..................... ....................... ..................................... NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such 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 its 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 its 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. Boynton Beach Utilities — Raw Water Main Section B PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED, AT AWARD Signed and sealed this 14th no ff- =. .... ............ . ...... . ....... . ... ........... . (414 q, August 20 i 1 P V V 0 r 1 0 Ric-Man Construction Florida, ln(j iti It lilt Title Western Surety Cc Surety C Witness Terri L. Lawhorn Boynton Beach Utilities — Raw Water Main Section B PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTEY AT AWARD k � � u Morlrbr,.��� 737NNAC-101 L 1911 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 be • •' 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 3100 S.W. 15th Street, Deerfield, FL 33442 (address or legal title of contractor) Ric - Man Construction Florida, Inc. (insert name of Contractor) hereinafter called Western Suretv Comoanv (name and address of Surety) 101 S. Reid Street, Suite 300, Sioux Falls, SD 57103 - 7046 Principal, as Principal, !aI 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 Three Million One Hundred Twelve Thousand and 00/100 Dollars ($ 3,112,000.00 ), 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 Auaust 6 , 20 13 , entered into a contract with Owner for Ric -Man Construction Florida. Inc. in accordance with drawings and specifications prepared by Erdman Anthony which contract is 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: Boynton Beach Utilities — Raw Water Main Section B PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED, AT AWARD 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 such 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 such 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. 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 such 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 its 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 its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of Boynton Beach Utilities — Raw Water Main Section B PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED, AT AWARD 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 pft-k or or completion of delivery of the materials or supplies. 4 Signed and sealed this 14th day of August 20 13 Ric-Man Construction Florida, Inc. Z &0 -V' Principal - ) A%JleL MANX40% (Se. L VVi (ne7ss :Ivu Western Surety Company Boynton Beach utilities — Raw Water Main Section B PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Western Su'rety Company Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that.it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint James R Gargaro, Gus E. Zervos, : Angelo G Zervos, Donald. W Burden, Veronda D Gordon, Individually of Southfield, MI, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal; and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attomey,pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on. the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. State of South Dakota ss County of Minnehaha On this 20th day of March, 2013, before ere personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + J. MOHR f NOTARY PUUX aEaL f June 23', 2015 aSOUTH DAKOTA J. Mohr, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of "Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force.' In testimony whereof I have hereuntd subscribed my name and affixed the seal of the said'corporation this 14th day of August ' 2013 �►tET,c WESTERN SURETY COMPANY a Pp0RAf . 0 L. Nelson, Assistant Secretary Form F428042012 I'� MMZM3= This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of At6mey, or other obligations of the corporation - shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Trea'surer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. _ -- entli RICMA -1 OP ID: DH A41C CERTIFICATE OF LIABILITY INSURANCE I °" 0811 4 D """"' 08/14/13 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 pollcy(les) must be endorsed. If SUBROGATION IS WANED, 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 586- 977 -6300 NANME CT Brown a Brown of Detroit PHONE FAX 586 - 977 -6780 P.O. Box 8029 LAI No. Ertl: I /Arc. Noll: 35735 Mound Road A S: Sterling Hei MI 48311 -8029 Brian Filars I INSURERS) AFFORDING COVERAGE NAIL r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Romrks Sahedule, R more space Is required) The City of Boynton Beach is included as an additional insured for general liability in respects to work performed by the named insured for the project known as Raw Water Main Section B -Bid No. 041 - 2821- 12 /DJL CERTIFICATE HOLDER CITYBOY CANCELLATION City of Boynton Beach PO Box 310 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZ REPRESENTATIVE ®1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD `A� I STATE OF FLORIDA . PALM BEACH COUNTY a`" 0 I hemby certify that the f regoing is a true copy of `Et�0 record ' y f)i with >_, redactC s, if any r uired by I TH OF 20 M INSURER A: Illinois National Insurance Co 23817 INSURED Ric -Man Construction INSURER e: Commerce and Industry Ins. 19410 Florida Inc INSURER C : Chartis Property Casualty Co. 19402 3100 SW 15th St Deerfield Beach, FL 33442 INSURER 0: Great American Insurance Co. 16691 I 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 TYPE OF INSURANCE ADDL SUER LTR In POLICY NUMBER POLICY EFF POLICT EXP IMMIDWYYYYI IMMIDDIYYYYI I LIMITS GENERAL LIABILITY I EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X GL6576306 06/01113 06101/14 DAMAGE I U RENTED PREMISES (Es occurtencel $ 300,000 CLAIMS -MADE ® OCCUR MED EXP (Any one Person) $ 15,000 X COntractual&XCU PERSONAL &ADV INJURY $ 1,000,00 X Per Location GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2,000,00 POLICY I R I AM F LOC $ AUTOMOBILE L _ COMBINED SINGLE LIMIT (Ea amid ntl S 1,000,00 A X ANY AUTO CA1949660 06101113 06101114 I BODILY INJURY (Per person) $ A O i_i SCHEDULED I BODILY INJURY (Per accident) $ _ AUTOS — HIRED AUTOS L_I H AUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ I (Per ecc(derm S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,00 B ExcEss LIAO CLAIMS-MADE BE13466612 06101/13 06101!14 (AGGREGATE S 10,000,00 DIED I X I RETENTIONS 10000 S WORKERS COMPENSATION X I WCSTATU- OTR AND EMPLOYERS' LIABILITY Y� TORY LIMITS C ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA WCO25889505 06101/13 06101114 E.L. EACH ACCIDENT S 1,000,00 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEES 1,000,00 [free , describe under DSCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,00 D Pollution Liab PCE391512601 06101113 06/01/14 Limit 10,000,OD Ded 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Romrks Sahedule, R more space Is required) The City of Boynton Beach is included as an additional insured for general liability in respects to work performed by the named insured for the project known as Raw Water Main Section B -Bid No. 041 - 2821- 12 /DJL CERTIFICATE HOLDER CITYBOY CANCELLATION City of Boynton Beach PO Box 310 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZ REPRESENTATIVE ®1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD `A� I STATE OF FLORIDA . PALM BEACH COUNTY a`" 0 I hemby certify that the f regoing is a true copy of `Et�0 record ' y f)i with >_, redactC s, if any r uired by I TH OF 20 M a .., CERTIFICATE OF LIABILITY INSURANCE 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 WANED, 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 endomement(s). PRODUCER Brown & Brown of Detroit P.O. Box 8029 35735 Mound Road Sterling Heights, MI 48311 -8029 Brian Pilarski INSURED Ric -Man Construction Florida Inc 3100 SW 15th St. Deerfield Beach, FL 33442 FAX IAIC. No): NAIC # 23817 19410 19402 16691 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: POLICY I n l 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. AUTOS INSR ADDL SUSR LTR TYPE OF INSURANCE IqMLJVn POLICY NUMBER POLICY EFF POLICY EXP (MMIDDIYYYYI IMMIDD/YYYYI LIMITS HIRED AUTOS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X GL6576306 06/01/13 06/01/14 I DAMAGE TO RENTED PREMISES (Ea occurrence) $ 3 ®® ®OC , CLAIMS -MADE ® OCCUR I MED EXP (Any one person) $ 15,000 X Contractual &XCU I PERSONAL& ADV INJURY $ 1,000,00 X Per Location I GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS - COMPIOP AGG $ 2,000,00 PRO- F7 POLICY I n l LOC AUTOMOBILE LIABILITY EXCESS LV1B H CLAIMS -MADE BE13466612 A X ANY AUTO AGGREGATE ALLOWNED SCHEDULED AUTOS AUTOS P NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) 1,000,00 $ s 10,000,000 $ 10,000,00v S OTH- ER OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ D Pollution L)ab PCE391512601 06/01113 06/01/14 Limit Ded 586- 977 -63001 CONTACT NAME: 586 - 977 -6780 CAICC, No. Exth E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE CA1949660 INSURER A: Illinois National Insurance Co INSURER 13: Commerce and Industry Ins. INSURER C: Chartis Property Casualty Co. INSURER D: Great American Insurance Co. INSURER E: INSURER F: 06/01113 06/01/14 DESCRIPTpN OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 161, Additional Remarks Schedule, If more space Is required) The City of Boynton Beach is included as an additional insured for general liability in respects to work performed by the named insured for the project known as Raw water Main Section B -Bid No. 041- 2821- 12 /DJL CERTIFICATE HOLDER CANCELLATION City of Boynton Beach PO Box 310 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 i ACORD 26 (2010105) 1,000,00 1,000,00 1,000,00 10,000,00 25,00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD X UMBRELLAIIAB X OCCUR IEACH OCCURRENCE B EXCESS LV1B H CLAIMS -MADE BE13466612 06/01/13 06/01/14 AGGREGATE I DIED I X I RETENTION $ 10000 WO3KERS COMPENSATION X I WC STATU- AND EMPLOYERS' LIABILITY YIN F WCO25889505 C ANY PROPRIETOR/PARTNER /EXECUTIVE TORY LIMITS 06/01/13 06/01/14 E.L. EACH ACCIDENT 1,000,00 $ s 10,000,000 $ 10,000,00v S OTH- ER OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ D Pollution L)ab PCE391512601 06/01113 06/01/14 Limit Ded 586- 977 -63001 CONTACT NAME: 586 - 977 -6780 CAICC, No. Exth E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE CA1949660 INSURER A: Illinois National Insurance Co INSURER 13: Commerce and Industry Ins. INSURER C: Chartis Property Casualty Co. INSURER D: Great American Insurance Co. INSURER E: INSURER F: 06/01113 06/01/14 DESCRIPTpN OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 161, Additional Remarks Schedule, If more space Is required) The City of Boynton Beach is included as an additional insured for general liability in respects to work performed by the named insured for the project known as Raw water Main Section B -Bid No. 041- 2821- 12 /DJL CERTIFICATE HOLDER CANCELLATION City of Boynton Beach PO Box 310 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 i ACORD 26 (2010105) 1,000,00 1,000,00 1,000,00 10,000,00 25,00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD