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R17-0461 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R17 -046 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF BID AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH SUMMA MECHANICAL CONTRACTORS, LLC D/B /A SMC AIR CONDITIONING (SMC) OF DAVIE, FL, IN RESPONSE TO BID NO. 018 - 2710-17/JMA FOR "REPLACEMENT OF PACKAGED ROOFTOP HVAC UNITS AT THE EZELL HESTER COMMUNITY CENTER" IN THE AMOUNT OF $91,337.00 PLUS A 10% CONTINGENCY OF $9,133.70 FOR A TOTAL POTENTIAL EXPENSE AMOUNT OF $100,470.70; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 2017, Procurement Services received and opened seven (7) bids in response to Invitation to Bid #018- 2710 -17 /JMA "Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center "; and WHEREAS, staff reviewed the bid proposals and' it was determined that Summa Mechanical Contractors, LLC d /b /a SMC Air Conditioning (SMC) of Davie, FL, was the lowest, responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award Bid No. 0 1 8-2710-17/JMA for "Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center" to Summa Mechanical Contractors, LLC d /b /a SMC Air Conditioning (SMC) of Davie, FL, in the amount of $91,337.00 plus a 10% contingency of $9,133.70 for a total potential expense amount of $100,470.70 and authorize the City Manager to sign a Contract with Summa Mechanical Contractors, LLC., d /b /a SMC Air Conditioning of Davie, FL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION C:\ Users \StanzioneT\AppData \Local \Microsoft\Windows \Temporary Internet Files \Content.IE5 \SATNOEVN\Award_ Bid_ and_ Contract_with_Summa_Mechanical_ _Reso.doe -1- 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of bid to Summa Mechanical Contractors, LLC d /b /a SMC Air Conditioning (SMC) of Davie, FL, in the amount of $91,337.00 plus a 10% contingency of $9,133.70, for a total potential expense amount of $100,470.70 and authorizes the City Manager to sign a Contract with Summa Mechanical Contractors LLC., d /b /a SMC Air Conditioning (SMC) of Davie, FL, a copy of which is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 16 day of May, 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz -/ Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello / VOTE 5 v ATTEST: Judith,A. Pyle, CMC �k City 2lerk °_ C:\ Users \StanzioneT\AppData \Local \Microsoft \Windows \Temp 't ➢~ ` net Files \Content.IE5 \SATNOEVN\Award_ Bid_ and_ Contract _with_Summa_Mechanical_ - Reso.doc -2- R17 -046 CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this Z day of (�-�— , 2017, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and _Summa Mechanical Contractors, LLC d /b /a SMC Air Conditioning of Davie, FL a Florida Corporation (_ ) Check One a Florida General Partnership( a Florida Limited Partnership ( XX_) a Sole Proprietor (_ ) hereinafter called "CONTRACTOR ". WITNESSETH 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 — Ninety-One Thousand, Three Hundred Thirty Seven and. no /100 ($91,337.00) 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 _March 17, 2017 , 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: REPLACEMENT OF THE PACKAGED ROOF -TOP HVAC UNITS AT THE EZELL HESTER'COMMUNITY CENTER, 1901 NORTH SEACREST BLVD.., BOYNTON BEACH, FL 33435 Bid Number: 018 - 2710- 17 /JMA the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR'S bid in the amount of: $91,337.00_. 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 Architect 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 Architect 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. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Architect. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. e 2 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. 3.0 2.9 Upon completion of the work, the City Architect 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 Architect 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 Architect" 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 Architect, 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. 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. 3.2 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 1n 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 Architect in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Architect may direct. Contractor shall not employ an that City Architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $1,000.00 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. 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 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. 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 familiarwith, 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. 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 Architect, the unit price shall be subject to review to determine if anew 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 Architect 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. 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 Architect. 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 Architect 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. 9.0 INSURANCE 9.1 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 included in the bid documents and naming the City of Boynton Beach as an "Additional Insured" with respect to General Liability. 9.2 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. 9.3 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. 10.0 GUARANTEE AND WARRANTIES 10.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 11.0 TERMINATION OF CONTRACT 11.1 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 Architect 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: 11.1.1 Complete the contract in accordance with its terms and conditions,' or 11.1.2 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 amount properly paid by CITY to CONTRACTOR. 12.0 CONTRACT CONTROLS 12.1 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. 13.0 TIME OF ESSENCE 13.1 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 0 program, all such time limits are of the essence of the contract. 14.0 REMEDY FOR DELAY 14.1 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. 14.2 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. 14.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 14.4 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 Architects. 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. DATED this day of JWA15 1 2017. CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Approvecfas tq/Fo A. Cherqf, City Attorney Attest /Authenticated:., Judy le, Ci Cle 10 CONTRACTOR: By: (Print Name and Title) STATE OF FLORIDA COUNTY OF �")WQrA BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared A G&4r`% I- , and acknowledged He /She executed the foregoing Addendum to Agreement for the use and purposes mentioned in it, and that the instrument is His /Her act and deed. IN WITNESS OF THE FOREGOING, I have set and County aforesaid on this _ day of NOT My Commission Expires: hand and official seal in the State 2017. DAVID SALDARRUkOA MY COMMISSION 0 FK4rM . EXPIRES Agy 07.2019 3960168 11 WARRANTY The undersigned, SUmrva Mecl�a� ca 1 �, uc , 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: 6 /-&) t7 President � r�N• p. M�.�e� o.� �c3��. C�N't� to �YcocZ� . U�.L . Aria- Name of Company (CORPORATE SEAL) WARR -1 STATE OF FLORIDA ) 1 SS . COUNTY OF '6rowq C ) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Florida Corporation and general partner of V�>rMvuc&� C9m ((S LPL _ . 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. N to WP lic, State of Florida My Commission Expires: DAVID SAWARRIAGA •'E MY•COMMISSION 0 FF247231 EXPIRES July 07. 2019 Iao>> �saw5a WARR -2 WARRANTY OF TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF 941,1J11J ,:Andres ��► , being first duly sworn, deposes and says as follows: He is Ttva 'g" of , (Title) (Name of Corporation or Firm) a U ni'W U-64!3 corporation which is named in 'Construction Contract dated the 2 day of 20 �-, between said corporation as the CONTRACTOR and the City of Boynton Beach Florida as the OWNER, for the construction of '(0-1 sr: 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. Affiant Sworn to and subscribed before me this day of 20 Notary P c, StMeVAlEOrida - Large My Commission expires: � ;�' '� DAVID SALDARRIAGA MYCOMMISStONtYFF247231 (SEAL) EXPIRES July 07. 2019 o+s3 paw can 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 $ q1, 53-- 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, C ity of Boynton Beach as outlined in Paragraph 11.1 of the original agreement. RECOMMENDED FOR APPROVAL: By: C� ACCEPTED: M Date: FER -1 r 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: FER -2 CERTIFICATE OF LIABILITY INSURANCE F .ATE(MM /DD/YYYY) 05 -11 -2017 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 have ADDITIONAL INSURED provisions or 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 Russo Insurance Group 11011 Sheridan St., Suite 201 Cooper City FL 33026 CONTACT RALPH RUSSO PHONE 954 345 -1904 FAX 954 827 -2355 E-MAIL ral h russoi .com INSURERS AFFORDING COVERAGE NAIC # INSURER A: WESTERN WORLD INS CO 13196 INSURED SUMMA MECHANICAL CONTRACTORS LLC DBA SMC AIR CONDITIONING 5071 S. STATE RD 7, SUITE #704 DAVIE FL 33314 INSURER B : NAUTILUS INS CO 17370 INSURER C: COVINGTON SPECIALTY INS CO. INSURER D : INSURER E EACH OCCURRENCE INSURER F: A 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 CONTRACTOR 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE ® OCCUR DAMAGE TO RENTED $ 100,000 MED EXP (Any one person) $ 5,000 X X NPP8394298 01/05/2017 01/05/2018 PERSONAL & ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 JECT PRO - X POLICY [::] PRO ❑ LOC $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE (Per arriciprit) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 B EXCESS LIAB CLAIMS -MADE ANO34658 01/05/2017 01/0512018 DED RETENTION $ WORKERS COMPENSATION PER OTH- TI ITF FR AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below C COMMERCIAL PROPERTY VBA511851 02/0312017 02/0312018 BPP $45,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) MECHANICAL CONTRACTOR - A/C INSTALLATION, SERVICE & REPAIR CITY OF BOYNTON BEACH IS LISTED AS ADDITIONAL INSURED IN RESPECT GENERAL LIABILITY POLICY. CFRTIFICATE HOLDER CANCELLATION CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33425 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 U 19SS -2015 AL;(JKL) cUKVUKA I IUN. All rlgnts reservea. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD !'i� ®I�, ® ® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM /DD/YYYY) L � 5/2s/2 A1 7 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 PTL INSURANCE ASSOC. INC. 7201 CORAL WAY MIAMI , FL 33155 NAME: PHO No EXt: 305 262 - 7094 A/ No:305- 262 - 4907 E-MA ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: $ PREMISES Ea occurrence INSURED SUVA MECHANICAL CONTRACTORS LLC DBA SMC AIR CONDITIONING INSURER B: FUBA COMMERCIAL GENERAL LIABILITY CLAIMS-MADE FJ OCCUR INSURER C: 5071 S STATE RD 7 STE 704 INSURER D: DAVIE , FL 33314 INSURER E PERSONAL& ADV INJURY 954- 562 -8161 INSURER F: 1 .1 nu [nnu[-w• nr nu 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. I LTR TYPE OF INSURANCE A DDLISUBR WVD POLICY NUMBER MM1DD YY g P OLIC Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE FJ OCCUR MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY 7 PRO - ECT LOG $ AUTOMOBILE LIABILITY COMBINED SING=IT Ea accident $ BODILY INJURY (Per parson) $ ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ NON -OWNED HIRED AUTOS AUTOS A Per accident $ $ UMBRELO LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS L'•IAB CLAIMS -MADE RED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 10651285 01/04/17 _ 01/04/18 STATU- OTH- TOR LIMITS X ER E.L. EACH ACCIDENT $ 1 00O 006 �' E.L. DISEASE - EA EMPLOYE $ 1,000 E.L. DISEASE - P OLICY LIMIT $ 1,000, DESCRIPTION OF OPERATIONS / LOCATIONS If VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) AIR CONDITIONING INSTALLATION, SERVICE AND REPAIR s CANCELLATION City of Boynton Beach SHOULD ANY OF THE OVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 E Boynton Beach Blvd THE EXPIRATION D TE THEREOF, NOTICE WILL BE DELIVERED IN Boynton Beach, FL 33425 ACCORDANCE WITH f E P PR0 IONS. AUTHORIZED RESENT TIVE I ©1988 -20 0 ACORD CO . TION. All rights reserved. ACORD25(2010%05) The ACORD name and logo are registered marls of ACOR