R06-184
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RESOLUTION NO. R06- le~
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING A CONTRACT
FOR BID #001-2413-07/CJD TO WEST
CONSTRUCTION, INC., OF LAKE WORTH FOR
THE CONSTRUCTION OF WILSON PARK
COMMUNITY CENTER IN THE AMOUNT OF
$6,189,000.00, PLUS A CONTINGENCY IN THE
AMOUNT OF $618,900.00 FOR A TOTAL PROJECT
BUDGET APPROPRIATION OF $6,807,900.00;
AUTHORIZING THE CITY MANAGER TO
EXECUTE CONTRACT DOCUMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, three (3) proposals were received and opened by Procurement
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Services on October 11, 2006, for the construction of the Wilson Park Community Center
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and together with the City's design consultant, Kimley-Horn and Associates, staff is
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recommending the award to West Construction, Inc., as the lowest, most responsive,
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responsible bidder who met all specifications.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
25 as being true and correct and are hereby made a specific part of this Resolution upon
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Section 2.
The City Commission of the City of Boynton Beach, Florida,
28 hereby approves the award of Bid #001-2413-07/CJD to West Construction, Inc., for the
29 construction of the Wilson Park Community Center.
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Section 3.
The City Manager is authorized to execute a contract in the amount
31 of $6,189,000.00 plus a contingency of 10% in the amount of $618,900.00 for a total
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Wilson Park Comm Ctr (West Const).doc
project budget appropriation of $6,807,900.00, a copy of said Contract is attached hereto
2 and made a part hereof.
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Section 4.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 8 day of No vemklZ. , 2006.
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CITY OF BOYNTON BEACH, FLORIDA
';2~/l: 1~
c:Z:ne~
Commissioner
S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Wilson Park Comm Ctr (West Const).doc
ROb -leLl
BID TITLE: CONSTRUCTION OF WILSON PARK
BID NUMBER: OOl-2413-07/CJD
PROJECT NUMBER:CP0437
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 9th day of November, 2006. by and between
the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
CITY" or "OWNER" and WEST CONSTRUCTION. INC.
a Florida Corporation L.XJ
a Florida General Partnership L-)
a Florida Limited Partnership L-)
a Sole Proprietor L-)
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
CONSTRUCTION OF WILSON PARK
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 11th day of October. 2006, for the total bid amount of $6.189.000.00;
and,
WHEREAS, On the 8th day of November. 2006, the City Commission designated
contractor as having submitted the bid that was most advantageous to the City and authorized the
execution ofthis Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 365 calendar days as specified in the Notice to
Proceed, subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2.4. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2.2.7. Certificate oflnsurance
2.2.8. Public Construction Bond
2.2.9. Technical Specifications
2.2.10. Contract Drawings and Plans
2.2.11. Addenda
2.2.12. Written directives or interpretations
2.2.13. Manufacturers warranties
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3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. 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 Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for. said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS. Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
3.1.7. Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1.8. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment 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.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
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in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 365
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR'S bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
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as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $2.000.00 per dav as liquidated
damages, for failure to begin within ten (10) days of CITY'S issuance of the
"Notice to Proceed" or failure to achieve Substantial Completion within 365
calendar days from the Commencement Date as indicated in the written "Notice
to Proceed". 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.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, 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.
8.2. 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 paralegal expenses at
both the trial and appellate levels) 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 in the amount of ten dollars ($10.00) sufficient to support this
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obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. 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.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, 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. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
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11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is DAVID STUMP
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Proj ect Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-17, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
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15. REMEDY FOR DELAY
15.1. In the event of any delay in the proj ect caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than the CONTRACTOR, his agents, employees or subcontractors, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CON!~A~~ acknowledges that he has read and understands the above
prOVISion.
INITIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15 A. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
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Attest:
State of Florida
County of Palm Beach
TON BEACH, FLORIDA
Approved as to Form:
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Assl-. City Attorney
CONTRACTOR
)
) sis:
TOR
M81tJtew F. West
SecretarY
)
~ ,r
On this c11(-\ day of )\;'0 ven
to administer oaths, l',' In Ctl d
persons described herein or who produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires:
~~T r~ AURORA VEGA
~ V ~ MY COMMISSION /I D0498O]5
"~Ofr."~ EXPIRES: Dec.8,2009
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Building Relationships
600 SANDTREE DRIVE
SUITE 101
PALM BEACH GARDENS, FLORIDA 33403
TELEPHONE (561) 776-9001
FACSIMILE (561) 776-9605
www.calinc.com
Contract No.: 001-2413-07/CJD
Surety Bond No.: 929412715
Contractor Name: WEST CONSTRUCTION. INC.
Surety Company: WESTERN SURETY COMPANY
Address:
318 SOUTH DIXIE HIGHWAY. 4-5
LAKE WORTH. FL 33460
Address: 2405 LUCIEN WAY
MAITLAND. FL 32751
Phone Number:
561/588-2027
Phone Number: 407/919-3950
'"
Owner Name:
THE CITY OF BOYNTON BEACH
Project Name: WILSON PARK
Address:
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH. FLORIDA 33425
Project Location: 311 N.W. 12TH AVENUE
BOYNTON BEACH. FL 33435
Phone Number: 561/742-6310
Contract Amount: SIX MILLION ONE HUNDRED EIGHTY NINE THOUSAND AND NO/100
(6.189.000.00)
Description of Work: CONSTRUCTION OF A COMMUNITY CENTER. BASKETBALL COURTS. SHELTERS.
A PLAYGROUND AND REMODELING OF EXISTING POOL
Legal Description of Project: SEE ATTACHED
This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant
under this bond for payment must be in accordance with the notice and time limitation provisions in
Section 255.05(2), Florida Statutes. Any provision of this bond which conflicts with .or purports to grant
broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall
be deemed deleted herefrom. This bond is a statutory bond, not a common law bond.
This is the front page of the performance/payment bond(s) regardless of preprinted numbers on other pages
issued in compliance with Florida Statute 255.05.
~ .~....
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Bond No. 929412715
.0
PUBLIC CONSTRUCTION BOND
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BY THIS BOND, We West Construction, Inc. ; ,
. 'as Principal
and Western Surety Company
, 'a curporatioll, as Surety, are
bound to City, of Bovnton Beach. herein called er, in the sum of
$ 6,189,000.00-+-----....-------.- for payment of which we bind ourselves. our heirs,'
personal representatives, successors, and assigns, jointly and sevetal,y.
, THF. CONDmON OF THIS BOND is that if Principal:
1. Performs the contract dated '. !),etween Principal and Owner
fOr consrruction of Wilson Park - Boynton Beach, F16r~da ~ the connact being
made a part of this bond by reference. at th.e times and hi tl1e manner prescribed in th,e
contract; and
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2. Promptly makes payments to all claimants, as defined inSectio~ 25S:05(1), Florida ::>ta.tutes,
supplying Princip~ with labor. materials, or supplies, used dire~tlY or indirectly by Principal
in the prosecution of the work provided for the contract; and '
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3. Pays Owner allloS8eS1 damages, expenses, costs, and attomeprs fees, including appellate
proceedings, that Owner sustains because of' A default by Prin~ipW under the con1rac~ and
4. performs the guarantee of all work and materials furnished ~oer the contract for the time
specified in the contract, then this bond is void; otherwise it rem.ams in full force.
5. Any changes in or under the eontract documents and comp1i~qe or noncompliance with any
formalities connected with the contract or the changes do not iaffect Surety's obligation under
this bond.
6. This bond is given to comply with Section 255.05 Florida Stahbtes, and any action instituted
by a claimant under this bond for payment must be in accorokce with the notice and time
limitation provisioris in Section 255.05(2), Florida Statutes.
DATED ON '71uv. 9. &bD,6
, .
,
West Cortstruction, Inc.
/'~
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BY. ' . .
.~..--,., 0 g . res e t .
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BY: ,,~_
PCB-l D. Michael Stevens, Attnrney-In-Fact
Ro-v. 07130/03
exHIBIT UA"
City Of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Project No. 001-241 a..D7/CJD
Owner:
Project:
Project
Address:
Construction of Wilson Park
311 N.W, 12lf\ Avenue
Boynton Beach, FL 33435
PROJECT LEGAL DESCRIPTION:
LOTS 489 THROUGH 538 INClUSIVE. ALONG WITH A PORTION OF 11!tE PlATTED RIGHTS OF
WAY FOR NEP11JNE AVENUE. ALONG WITH ALL OF THE PLATTEO'RlpHT..oF-WAY FOR BENSON
STREET. ALL AS SHOWN ON THE PLAT OF CHERRY HILLS, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 4 AT PAGE 58 OF llIE PUBUC RECORosloF PALM BEACH COUN1Y,
FLORIDA,
AND
A PARCEL OF LAND SITUATED IN SECTION 21., TOWNSHIP 45 SO~~ RANGE 43 EAST, SAIO
PARCEL LYING NORTH OF 12th AVENUE, AS SHOWN ON THE PLAT ut-. POINCIANA HEIGHTS,
ACCORDING TO THE PLAT lHEREOF RECORDED IN PLAT BOOK 28 AT PAGE 183. OF THE
pueuo RECORDS OF PALM BEACH COUNTY, FLORIDA, AND L Y1N~ SOUTH OF lHE PLAT OF
CHERRY HIlLS, ACCORDING TO THE PlAT lHEREOF RECORDEDil-NlPlAT BOOK 4- AT PAGE 58
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA, ~.BElNG MORE
PARTICULARLY DESCRIBED AS FOLLOWS: '
,'<
BEGINNING AT THE NORTHEAST CORNER OF lOT 519. CHERRY HIUS. ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 4 At PAGE 58 OF TliEPUBLlCRECORDS OF PALM
BEACH COUNlY. FLORIDA; THENCE S01'47'54-E ALONG THE EASt Lb..te OF SAID LOT 519, SAID
L.INE BEING COINCIDENT WITH 'tHE WEST RIGHT-OF-WAY UNE OF. N.W.1stSTREET (FORMERLY
8~R STREE1) AND IT'S SOUTHERLY EXTENSION THEREOF. FoR A DISTANCE OF 406.87
FEET; THENCE S89'S3 '13.W ALONG A UNE PARAl..LB. WITH AND 5o~OO FEET NORTH' OF AS
MEASURED AT RIGHT ANGLES TO nteSOUllt RJGHT-oF'-WAY UN OF 12th AVENUE. AS
SHOWN ON THE PLAT OF POINCIANA HEIGHTS. ACCOIbNG TO tH PLAT'THEREOF '
RECORDED IN PlAT BOOK 28 AT PAGE 183, OF THE PUBUC RECQRbs OF PALM BEACH
COUNlY, FLORIDA. FOf{ A DISTANCE OF 499.02 FEET; THENCE N01t4S'4Q.W ALONG THE EAST
RIGHT-OF-WAY LINE OF N.W. 3n:1 STREeT (FORMERLY FR&DERICK $TREEn AND THE
SOU1'HERL y A~D _NORTHERlY exTENSIONS THEREOF FOR A D!!!~'!.ce OF 459.31 FEET:
THENCE N89'4458 E ALONG THE NORm UNE OF PARCEL 3 - SUtct'UJ~ RIGHT-OF-WAY. AS
SHOWN ON THAT CERTAIN cemw. AND SOUTHERN FlORIDA FLOOD CONTROL DISTRICT
CANAL 0..16 (GOYNTON CANAL) R'CHT-OF-WAYANO TOPO MAP~ !WlNO NO, C-18-3,
SHEET 1 OF 2, HAVING A l.ATE~T REVISION DATE OF OCTOBER 4. 1 5. FOR A DISTANCE OF
498.69 FEET; THENCE 501'4754 E AlONG THE NORTtiERl Y EXTENS ON OF THE WEST RIGHT-
OF-WAY LINE OF SAID N.W. 1st STReET (f'ORMSRL Y SAKeR STRee-O fEOR A DISTANCE OF 53.65
FE:ET TO THE POINT OF BEGINNING~
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
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
Don A Lambert Jr, D Michael Stevens, Individually
of Palm Beach Gardens, FL, 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 By-Law printed on the rev~e 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 Senior Vice President and its corporate seal to
be hereto affixed on this 24th day of October, 2006.
WESTERN SURETY COMPANY
-;0~
Paul . Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha
} ss
On this 24th day of October, 2006, 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 Senior 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,
,
November 30,2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
$ D. KRELL $
I I
$~NOTARY PUBLIC~$
$~SOUTH DAKOTA $
+~~~~~~~~~~~~~~~~~~~~~~~+
~
~~k
My commission expires
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 hereunto subscribed
my name and affixed the seal of the said corporation this 9 ~ day of ~ ' Mok.
WESTERN SURETY COMPANY
c;
~~
L. Nelson, Assistant Secretary
Fonn F4280-09-06
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P.O. Box 810
Boynton Beach, Florida 88425-0810
Telephone No: (561) 742-6820
FAX: (fi61) 742-6//06
NOTICE TO PROCEED
TO: West Construction
DATE:
November 28, 2006
PROJECT: CONSTRUCTION OF WILSON PARK
Contractor shall commence WORK. within ten (10) calendar days of the Commencement Date specified
below in accordance with the Agreement dated: October 11. 2006. Contractor shall achieve
Substantial Completion without interruption no later thanwithin 365 calendar days thereafter.
...
Commencement Date:
Substantial Completion Date:
Final Acceptance Date:
November 28, 2006
November 28, 2007
December 28, 2007
The Owner's designated representative for all activities relating to this project will be:
Contact David Stump Department: Engineering
Person:
Title: Sr. Project Manager Telephone: (561) 742-6986
Engineer: Kimley Horn & Assoc., Telephone:561-
Inc./ Angelina Fairchild 845-0665
Title:
, Assistant Finance Director t
;'
ACCEPTANCE OF NOTICE
Date:
,v6v. [;8, zaJ0
~Ee; 4~1fh'7<^
/' U:n;S1": /we- .
Title:
c: Dave Stump - Senior Project Manager
Central File
Finance
File
Emdneerine Denartment
Rev. 12/30/03
r
SPEED lETTER@
FROM
TO
_ ~arol Doppler
Janet Prainito
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Senior Buyer
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City Clerk
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SUBJECT
CORSTllUC'tIOR OF WILSOR PARK.
RID' ~06/c.m
- FOLDN09or10
MESSAGE
Attached is the original contract, the Public Coustructiou Bond (copy), a copy of the
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Notice To Proceed for the referenced project.
.--------------_.-------~--- ------ ------------- -----------.- ------------------------
Please file accordingly.
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Th;:mk you ---
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REPLY
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- FOLD FOR NO.9
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- FOLO FOR NO. 10
DATE
SIGNED-
44-902. Triplicate
44-904 . QuadruplicatE
. WilsonJones@
SENDER: DETACH AND RETAIN YELLOW COpy, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY.
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