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R18-078
1 RESOLUTION NO. R18-078 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH KILLEBREW, INC., FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM WATERMAIN UPGRADES ON FICUS AND HIBISCUS TREE DRIVE AS A RESULT OF BID NO. 036-2821-16/TP IN THE AMOUNT OF $368,082.32 AND A 10% • CONTINGENCY AMOUNT OF $36,808 FOR ANY UNFORESEEN 1 n ISSUES FOR A TOTAL COST OF $404,890.32; AND PROVIDING 11 AN EFFECTIVE DATE. 1 1 1 4 WHEREAS, a Request for Bids was issued for experienced contracting firms to 1 submit line item pricing to perform pre-chlorinated pipe bursting of potable water mains on 12 an as needed basis; and 1 WHEREAS, the selected Contractors furnish all labor, materials, equipment, 1: incidentals and appurtenances to complete the "as needed" work as outlined in the purchase 1• orders; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 2 Boynton Beach to authorize the City Manager to sign a contract with Killebrew, Inc., of 2 Lakeland Florida for construction of water distribution water main upgrades on Ficus and 2, Hibiscus Tree Drive awarded as a result of Bid no. 036-2821-16/TP in the amount of 2 $368,082.32 and a 10% contingency amount of$36,808 for any unforeseen issues for a total 2^ cost of$404,890.32. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 3 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. C:1Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTE0EAward_Contract_to_Killebrew_(Watermain_upgrades)_ Reso.doc 3 Section 2. The City Commission of the City of Boynton Beach, Florida does 3 hereby authorize the City Manager to sign a contract with Killebrew, Inc., of Lakeland 3, Florida for construction of water distribution water main upgrades on Ficus and Hibiscus 3 Tree Drive awarded as a result of Bid no. 036-2821-16/TP in the amount of$368,082.32 3. and a 10% contingency amount of $36,808 for any unforeseen issues for a total cost of • 3 $404,890.32, a copy of which is attached hereto as Exhibit"A". 3: Section 3. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 4-'14 day of Jim_ , 2018. 41 CITY OF BOYNTON BEACH, FLORIDA 41 4 YES NO 4 4, Mayor-Steven B. Grant 4 4^ Vice Mayor-Christina L. Romelus ix` 4 4: Commissioner—Mack McCray 49 50 Commissioner—Justin Katz 51 52 Commissioner—Joe Casello / 53 54 ATTEST: VOTE -� 55 56 5: Jud th A. Pyle, CMC/ 59 C`. Clerk 60 61 6 (Corporate Seal) 6 C:\Users\StanzioneTlAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Award_Contract_to_Killebrew(Watermain_upgrades)_ _Reso.doc CONSTRUCTION CONTRACT DRAFT RE-BID FOR THE PRE-CHLORINATED PIPE BURSTING OF POTABLE WATER MAINS FICUS AND HIBISCUS TREE DRIVE WATER MAIN PIPE BURSTING THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as"CITY", and Killebrew,Inc.,a corporation authorized to do business in the State of Florida, hereinafter referred to as the"CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of Ju-+n t. FJ , 2018, by Resolution No.:NS-0-1S the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains", Invitation to Bid#036-2821-16/TP. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 150 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner,but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY, EIGHT HUNDRED Dollars ($800.00)for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall 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 HUNDRED Dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-1 Revised 4/27/2018 Article 3. CONTRACT PRICE. 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 either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both)not to exceed: (Written) (Numerical) Article 4. PAYMENT PROCEDURES. 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. 4.1 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. 4.2 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. 4.3 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. 4.4 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. 4.5 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. 4.6 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 parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-2 Revised 4/27/2018 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. 4.7 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. Article 5. CONTRACTOR GUARANTEE. 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. Article 6. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Notice to Contractors 6.2 Instructions to Bidders 6.3 Bid Forms(including the Bid, Bid Schedule(s), Information Required of Bidder,Approved Bid Bond,and all required certificates,affidavits and other documentation) 6.4 Warranty of Title/Insurance Advisory Form 6.5 Contractor's Performance and Payment Bond 6.6 General Conditions for Construction 6.7 Supplemental Conditions for Pipe Bursting 6.8 City Special Conditions'I' 6.9 City Technical Specifications'II' 6.10 City Construction Standards and Details'III' 6.11 Pipe Bursting Standards—Section 4&Section 5'IV' ARTICLE 7. 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 Copy to: Procurement Services Attn:Joseph Patemiti, Project Manager Attn: Director of Finance City of Boynton Beach 124 E.Woolbright Road 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Boynton Beach FL 33435 Tel (561)742-6423 Tel (561)742-6322 Fax(561)742-6316 Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-3 Revised 4/27/2018 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR: Killebrew, Inc. ADDRESS: 2830 Winter Lake Rd CITY/STATE/ZIP: Lakeland, FL. 33803 PO Box 6258 Lakeland, FL 33807 Attn: William C.Thomas IV Tel: (863)701-0273 Fax: (863)701-0621 Article 8. INDEMNITY. 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. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES. 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. Article 10. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 10.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City;and, 10.4 Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-4 Revised 4/27/2018 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E. BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 11. MISCELLANEOUS. 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-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-5 Revised 4/27/2018 IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: ciDATED this!'JS c day of 1 cf.. , 2018. CITY OF BOYNTON BEACH A7111/1 OL07- City ManagerContras Lod ItcLin G -117ornccS 1v Attest/Authenticated: Title ( 4.(4,7-67Z, (Corporate Seal) City erk Approved as to For : Attest/Authenticated: • CA . S► 11 , , , Office of the City Attom Secretary (:;i d� Q„ �,� Boynton Beach Utilities-Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains C-6 Revised 4/27/2018 620 N.Wymore Road,Suite 200 FLORIDA SURETY BONDS, INC. Maitl ?�LL3 10 Fax 407-786-7766 888-786-BOND(2663) Fax 888-718-BOND(2663) www.FloridaSuretyBonds.com June 13, 2018 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 RE: AUTHORITY TO DATE BONDS AND POWERS OF ATTORNEY Principal: Killebrew, Inc. Bond No: 54-222652 Project: Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains, Invitation to Bid #036- 2821-16/TP Dear Sir or Madam: Please be advised that as Surety on the above referenced bond, executed on your behalf for this project, we hereby authorize you to insert the contract date onto the contract bonds and powers of attorney. Once dated, please email to me at jenna@floridasuretybonds.com or fax a copy of the bonds to our office at (407)786-7766. Sincerely, United Fire&Casualty Company ik_u+ 1)J . Re,v/A Jeffrey W. eich Attorney-In-Fact and FL Licensed Resident Agent Bond No. 54-222652 i .Ar Executed In 4 Counterparts PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Killebrew, Inc. (Insert name of Contractor) 2830 Winter Lake Road, Lakeland, FL 33803 Phone: (863) 701-0273 as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and United Fire&Casualty Company (Name and address of Surety) PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: (319)399-5700 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 Four Hundred Four Thousand Eight Hundred Ninety and 32/100 Dollars ($404,890.32 ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with Owner for Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water** in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof,and is hereinafter referred to as the Contract. * Phone: (561) 742-6322 **Mains, Invitation to Bid#036-2821-16/TP, Boynton Beach, FL Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBUGATION 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—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 1 Signed and sealed this day of , 2018. Killebrew, Inc Principal (Seal) ) Witness A iS-Cd er.i - Title United Fire &Casualty Company 1 Surety Witne , Jenna P gar 3 W ' ekliCh A01-i% tt ey-in- ct & FL Licensed Resident Agent, Jeffrey W. Reich Inquiries: (407)786-7770 END OF PERFORMANCE BOND Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PFB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Bond No. 54-222652 fr Executed In 4 Counterparts PAYMENT BOND 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 Killebrew, Inc. (Insert name of Contractor) 2830 Winter Lake Road, Lakeland, FL 33803 Phone: (863)701-0273 as Principal, (Address or legal title of contractor) hereinafter called Principal, and United Fire &Casualty Company (Name and address of Surety) PO Box 73909, Cedar Rapids, IA 52407-3909 Phone: (319)399-5700 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Four Hundred Four Thousand Eight Hundred Ninety and 32/100 Dollars ($ 404,890.32 ), 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 2018, entered into a contract with Owner for Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains, Invitation to Bid#036-2821-16/TP, Boynton Beach, FL in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof,and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB-1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD * Phone: (561) 742-6322 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 1 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 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, Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB-2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of , 2018. Killebrew, In L)",,k-1. ' ' t.-(\-c. Principal (Seal) Witness ) ,ci,Sc 14-trva-Crill United Fire&Casualty Company XAAni t(. - Surety Witne , Jenna Pa an U (Ai • EEc4 Att ey-in- act & FL Licensed Resident Agent, Jeffrey W. Reich Inquiries: (407)786-7770 END OF PAYMENT BOND Boynton Beach Utilities—Re-Bid Pre-Chlorinated Pipe Bursting of Potable Water Mains PYB-3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD UMI ISD FIRE&CASI Al:f'Y COMPANY,CEDAR RAPIDS IA Inquiries: Surety.Department UNITED FIRE&INI)I=.MNI`I"Y COMPANY,WEBS`IER.TXum 118 Second Ave SE FINANCiAI_P 1CFIC INStlRANCE COMPANY,RC)CK1Y IN,CA Cedar Rapids,IA 52401 INSURANCE CIIt7 I1IIII)CC)I'1'O) PC)IVI:R Ol A"ITOIlIv1 (original on file at I:tome Office of Company—See Certification) ' KNOWALI PERSONS BY THESE PRESENTS;That United Fare;:&Casualty Company,a corporation duly organized and existingunder the laws of the State of Iowa United Fire & Indemnity Company; a corporation duly organized and existing under the laws of the State of"Texas; and Financial Pacific Insurance Company,a corporation duly organized and existing under the laws of the'state of California(herein;collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint KIM E. NIV, JEFFREY W. REICH, SUSAN L. REICH, 'TERESA L. DURHAM, GLORIAA. RICHARDS, LISA ROSELAND, SONJA AMANDA FLOREE HARRIS, CHERYL FOLEY, ROBERT P. O'LINN, SARAH K. O'LINN, EACH INDIVIDUALLY their true and lawful Attorney(s)-err-Fact with powea' and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000,00 and to bind the Companies thereby as fully and to the same extent:as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed, The Authority hereby granted is continuousand shall remain ti full. farce and effect until revoked by United Fire&Casualty Company, United Fire& Indemnity Company,and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of tne::fnllowing bylaw duly adopted on May LS, 2013,by the Boards of Directors of United Fire&Casualty Company,i.Tnited Fire&Indemnity Company,and Financial Pacific insurance Company. "Article VI—Surety Bonds and Undertakings" Section 2,Appointment of Attorney-in-Fact "The President or any Vice President,or any other officer of the Companies may, from time to time,appoint by written certificates attorneys-at-fact to act in behalf of the Companies in The execution of policies of insurance,bonds,undertakings and other obligatory instnirnenis of like nature. The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby-, such signature and seal, when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and atithority previously gingen to any anomey-in-fact. IN WITNESS WI IEREOF,the COMPANIES have each caused these presents to be,signed by its ��,:) '++y� a�``�,)>uFa�;�iy �,"'""iiS"'"•,,,,, vice president•and its Corporate seal to be hereto affixed this ,tete- inoaeyam r"a; �*.fcli ; `.t?-i( 11th day of October, 2013 µii CoRPORATr 3~ ,k, C()W'e)RATE �-. __'t- lT., sd,pi i€ xe ^7 .e gal. rte z It L1NI'I'I.D FIRE&CASUALTY COMPANY sE,r, Y4 :y SEAL 44.5,' Y •.o 19@6 ,...,4?;: UNITED FIRE&INDEMNITY COMPANY °*„,.isr�D*40`� 4204•srcaye*tai• 1.4/'oR`'t ~'' FINANCIAL:PACIFIC INSURANCE COMPANY .. State of Iowa,County of Linn,ss: Vice President On 11th day of October, 2013, before me personally came Dennis J. Richmann to me Iaiowrr,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids,State of Iowa;that he is a Vice President of United Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that he knows the seal of said corporations; 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 corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. p t, Patti WaddeNiq Iowa Nofatlat Seat r ,,.• • Comnumber mission nuer 713274 Notary Public My Commission Expires 10/26/2018 My commission expires: 10i'2612019 I,Mary A. Bertsch,Assistant Secretary of United Fire&Casualty.Company and Assistant Secretary of United Fire&Indemnity Company,and Assistant Secretary of Financial Pacific Itnsu mince Comparry,do herebycertify that I have compared the foregoing copy of die Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN TIIE HOME OFFICE..OF SAID CORPORATIONS,and that the sante are correct transenl is thereof,and c>1.the whole:of die said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. in testimony whereof 1 have hereunto subscribed my name and affixed the corporate seal of the said Corporations this day of 70 `Pia, +aT�i� ,sit uft, t,toop n--. 4 , T+t' o QpG�RP1l'`cn +( CORPORATE. 3 CORPOR T¢ l �'c - gylY �fl O1 r•••,4 �`p�`� 4A,,,,SEAL `,,, [lfr.". ,. Assistant Secretary rrnnom+a` 4,uanin"" ,,,mnmu„"`\ IIF&C&IFF&I&EPIC BPOAOO49 1217 This paper has a colored background and void pantograph. A`� ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD Y) 6/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Michele Crifasi Stahl & Associates Insurance Inc. PH NN.Ext): (8 6 3)688-5495 (n/c,No): (863)688-4344 91 Lake Morton Drive EMAIL michele.crifasi@stahlinsurance.com ADDRESS: P 0 Box 3608 INSURER(S)AFFORDING COVERAGE NAIC# Lakeland FL 33802 INSURER A:Westfield Insurance Company 24112 INSURED INSURERBAmerisure Insurance Co 19488 Killebrew Inc INSURERC:WestChester Surplus Lines Insurance PO Box 6258 INSURERD:Travelers Property Casualty Co of INSURER E: Lakeland FL 33807-6258 INSURER F: COVERAGES CERTIFICATE NUMBER:18/19 all REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 500,000 X 1,000 ded per claim X CtO40446705 6/1/2018 6/1/2019 MED EXP(Any one person) $ 1,000 X ded applies prop damage XCD Coverage Included PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 7 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Employee Benefits Liab Cov $ 1,000,000 AUTOMOBILE LIABILITY (EO COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS X CW40446705 6/1/2018 6/1/2019 BODILY INJURY(Per accident) $ X X AUTOS NON--OWNED Hired Physical Damage PROPERTY DAMAGE $ HIRED AUTOS (Per accident) _ Comp & Coll ded's $500 ea PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 5,000,000 D EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ ZIIP71149733018NF 6/1/2018 6/1/2019 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory In NH) WC208273206 6/1/2018 6/1/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Rented & Leased Equipment II04000387374A18A 6/1/2018 6/1/2019 Limit/Deductible 500,000/1,000 D Pollution Liability G46860950001 1/30/2018 1/30/2020 Ea Poll Incident/Ded$2,500 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) When required in a written contract The City of Boynton Beach is an additional insured as respects general liability and auto liability. RE: Pre-Chlorinated Pipe Bursting, Bid No. 036-2821-16/TP CERTIFICATE HOLDER CANCELLATION triestmani@bbfl.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Finance/Procurement Services ACCORDANCE WITH THE POLICY PROVISIONS. 100 E. Boynton Beach Blvd PO Boix 310 AUTHORIZED REPRESENTATIVE Boynton beach, FL 33425-0310 Gerald Powell/CRIFAS "--- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)