R09-055
. . I
1 RESOLUTION NO. R09- 0 5"5
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE AWARD AND
5 EXECUTION BY THE CITY MANAGER AND CITY
6 CLERK OF A CONTRACT TO TDI INTERNATIONAL
7 INC. D/B/A TDI GOLF, FOR BID #035-2910-09/CJD,
8 "CHAMPIONSHIP AND PRACTICE PUTTING
9 GREENS RESURFACING PROJECT AT THE LINKS
10 AT BOYNTON BEACH", IN THE AMOUNT OF
11 $180,646.61 WITH A CONTINGENCY OF 10% IN THE
12 AMOUNT OF $18,064.66 FOR A TOT AL BUDGET
13 APPROPRIATION OF $198,711.27; AND PROVIDING
14 AN EFFECTIVE DATE.
15
16
17 WHEREAS, on March 12, 2009, Procurement Services received and opened nine
18 (9) bids in response to #035-2910-09/CJD for "Championship and Practice Putting Greens
19 Resurfacing Project"; and
20 WHEREAS, the bids were reviewed by Golf Course staff and it was determined
21 that TDI International, Inc, d/b/a TDI Golf was the lowest most responsive responsible
22 bidder that meets all specifications; and
23 WHEREAS, the City Commission of the City of Boynton Beach upon
24 recommendation of staff, deems it to be in the best interest of the citizens of the City of
25 Boynton Beach to award and authorize execution of a contract to TDI International, Inc,
26 d/b/a TDI Golf for Bid #035-291 0-09/CJD, in the amount of $180,646.61 with a
27 contingency of$18,064.66 for a total budget appropriation of$198,711.27.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
31 being true and correct and are hereby made a specific part of this Resolution upon adoption
32 hereof.
S:\CA\RESO\Agreements\Bid Awards\Award Contract to TDllnternatlonal,doc
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1 Section 2. The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the approval and execution by the City Manager and City Clerk
3 of a contract to TDI International, Inc, d/b/a TDI Golf for Bid #035-2910-09/CJD, in the
4 amount of $180,646.61 with a contingency of $18,064.66 for a total budget appropriation of
5 $198.711.27, a copy of which is attached hereto as Exhibit "A".
6 Section 3. This Resolution shall become effective immediately upon passage.
7 PASSED AND ADOPTED this _ 7_ day of April, 2009.
8
9 CITY OF BOYNTON BEACH, FLORIDA
10 ~--
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12 ayor .... rry T ay
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15 ~ROdrigUCZ
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17 -.-- ~
18 Commiss~oncr - Rona a Weilan~
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20 M ~\/
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21 Commissio~er - Woodrow 1"
22 7/U~ e~"
23 .-,,,
.... -- --.--------..--------- ----.--- ~ -- -------
24 Commissioner ~ Marlene Ross
25 ATTEST:
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27 'tn. ~
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S\CA\RESOlAgreements\Bid AwardslAward Contract to TDllnternallonal.doc
Roq -DSS-
BID TITLE: "CHAMPIONSHIP AND PRACTICE PUTTING GREENS RESURFACING
PROJECT AT THE LINKS AT BOYNTON BEACH"
BID NUMBER: 035-2910-09/CJD
PROJECT NUMBER:
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 7th day of April. 2009. by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and TDI International. Inc. d/b/a TDI Golf
a Florida Corporation ~ Check One
a Florida General Partnership <--)
a Florida Limited Partnership <--)
a Sole Proprietor <--)
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:
Championship and Practice Puttin!! Greens Resurfacin!! Proiect at the Links at Boynton
Beach
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 11th day of March. 2009. for the total bid amount of $180.646.61;
and,
WHEREAS, On the 7th day of April. 2009, the City Commission designated contractor as
having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 33 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:
C - 1
Rev. 12/30/03
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 of Insurance
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
CA2 Rev. 12/30/03
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 33
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
CA4 Rev. 12/30/03
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $3.000.00 per day 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 33
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
cA5 Rev. 12/30/03
consideration in the amount of ten dollars ($10.00) sufficient to support this
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. 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.
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
cA6 Rev. 12/30/03
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.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") IS Scott Wahlin. Golf Course
Superintendent.
ll.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 Project 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
cA 7 Rev. 12/30/03
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.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the CITY,
its agents or employees, by the act or omission of any other party 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
proj ect.
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!~CTO~ebY 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.
15.4. 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
CA8 Rev. ] 2/30/03
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.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of: ~
~llfv>l+Jb,e.-
City Manager
Attest:
Signed, sealed and witnessed CONTRACTOR
in the presence of:
.J11 r ~ e... It.:.u.\ \Df ) Cftt'u ~CU\Ll~L\ TD \ \ n +..... .A'Y\(xt1 (JIC\. \
c=~" _~~?~ PreSide~?
~~~~ Attest ;it to CONTRACTOR V ILL- T'r-,,,"';d"l\-b
State of Florida )
) sis:
County of Palm Beach )
/51- &;' " , 20t)<~~a~efore me, duly authorized
On this. "~~ . day of ~J .
to admlIDster oaths, &eo/;: ") -
{. <J r Ie / / known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same. ~ J{j
~11 ,~ '~1LVL--
My Commission Expires: 1/ - 3(.?-.~ulc:<.. .,/ otary Public
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f/ ,t~~~~~"~~;~~ JANE l. CONNER
'~~~ Commission /I DO 841642
\~ ;tj My Commission ExpIres 11-30.2012
""'''',:'.r.-~~ Bonded Through CNA Surelv
CA9 Rev. 12/30/03
Bond No. 013022412
-,
PUBLIC CONSTRUCTION BOND
BY THIS BOND, We TDllnternational, Inc. , as Principal
~ and Liberty Mutual Insurance Company , a corporation, as Surety, are
bound to rity nf Rnyntnn Rellcn, herein called Owner, In the sum of
$ 180,646.61 , for payment of which we bind ourselves, our heirs,
personal representatives, successors, and assigns, jointly and severally.
THE CONDITION OF THIS BOND is that if Principal:
l. Performs the contract dated , between Principal and Owner
for construction of Resurfacing Greens - 18 Holes , the contract being
made a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal
in the prosecution of the work provided for the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and
4. Perfonns the guarantee of all work and materials furnished under the contract for the time
- specified in the contract, then this bond is void; otherwise it remains in full force.
5. Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obligation under
this bond.
6. 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.
DATED ON April 9, 2009
TDllnternational, Inc.
(Name of Principal)
--
BY:
me of Surety)
Lee A. Milner, Attorney-in-Fact
PCB- I
Rev. 07/30/03
-- - -,-~ - .--
. 2119211
"(HIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
<the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
ALAN W. PETERSON, ANGELO G. ZERVQS, GUS E. ZERVOS, STEPHEN M. ZERVOS, DONALD W. BURDEN, LEE A. MILNER,
ALL OF THE CITY OF SOUTH FIELD, STATE OF MICHIGAN ................................................................................................
............... ...... .._................ '!'....;,. ._... .......................1. .... ... ..........1........ ._.................. ............... ..,1!........ .....;, ...... Ii ....-~........................................
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and. . d. eed, an.w. an.. . d all unde..rtakings, bonds, recogn.iz. ance. s.and others.urety Obligation.. s In the penal sum not exceeding
FIFTEEN MilLION AND 00/100***.****~*********.. DOLLARS ($ 15.000,000.00***** . ) each, and the
execution of such undertakings, bonds, recognizances and other surety obli{lations, in pursuance ofthese presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Companyln their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII" Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the .
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ~
~ execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such "C
~ attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their ~
o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be CP
2' as binding as if signed by the president and attested by the secretary. .~
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.:.:::a By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: .0
Ccp >
! 1: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby i
=- l! authorized.to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and C
"C ! deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ~ 0
l!! en (,)1-
(,) Cp That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect >UJw
-o~ Cp
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i ~ IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of 0 &.
:::: (ij Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 9th day of April , :::: 0
l.!! ~ 2007 <C CO)
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<<I :a LIBERTY MUTUAL INSURANCE COMPANY "" "C
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'0 Cp By 6/ - . 0.. CIS
C 1ii Garnet W. Elliott, Assistant Secretary .! 0
Gi': COMMONWEAL THOF PENNSYLVANIA ss .; 9-
~ ~ COUNTY OF MONTGOMERY '0 0')
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t: -E On this ..lHlL- day of Aoril , 2007 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged ~ I
~.-: that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :E.!
"".!! Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. (ij .!
0<<1 >
:;; ~ IN TESTIMONY WH f?~~ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year .! Si!
:= (,) first above written. ~ ~OI'lW~ - ~
~ 5i lI.j o~ COMMONWEALTH OF PENN YLvANlA A--.. Ii E c:..
_ "" 1- (,; NOmrlal Seal ~ II -I-- ~ J .!::: CO)
o :; I T9\1lSaf'MIella,Ncia1yPutlllc By ~ 'E cp
z (,) ~TWp..~CWtly . 00
~ ~"f.. ' My~Expire$Mar,2$.2OOU Teresa Pastella, Notary Public (,),..
CERT 1k ~ !VsYt..\!~ ..fJ J,lllml;91. P.nn$Vfv<l"i. Associalion of NOlIlrfU 1-0 ~
IFICATE "::~~Rv. pU~V ,..
I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify thatthe original power of attorney of which the foregoing
is a full, true and correct copy, is in fOil force and effect on the date of this certificate; and I do further certify that the .officer or official who executed the
said power of attorney is an AssistantSecretary specially authorized by the chairman or the president to appoint attorneys-in.fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
~~~~."'""to """,rib,d my "om, Md ;:.th' "''''0",'' ..., 01 th, oafd compa"y. IhI, q#I day 01
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" < ~ ;;
'" -. ." By I
~~,.> Davi M. Carey, Ass' . t Secretary
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6320
FAX: (561) 742-6306
NOTICE TO PROCEED
TO: TDI INTERNATIONAL, INC. d/b/a TDI DATE: APRIL 23,2009
321 Osceola Street
Stuart, Fl 34994
ATTN: Geoffrey C. Corlett
PROJECT: CHAMPIONSHIP AND PRACTICE
PUTTING GREENS RESURFACING PROJECT
AT THE LINKS AT BOYNTON BEACH"
BID #: 035-29l0-09/CJD
You shall commence WORK in accordance with the Agreement dated: APRIL 7. 2009 on or before
MAY 4. 2009 and you are to complete the WORK by the dates specified:
SECTION I: JUNE 5, 2009
SECTION II: JULY 3, 2009
SECTION III: JULY 3, 2009
SECTION IV: JULY 3, 2009
The date of completion of all WORK is therefore: JULY 3. 2009
The Contractor's point of source for all activity relating to this project will be:
Contact Person: Scott Wahlin Department: Golf Course
Title: Golf Course Manae:er Telephone: (561) 742-6543
. c:~ ~WBEACH
~ ~_Lv -
Carol Doppler, CPPB ur asmg Agent
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
~J~ Ct. +h-er J c- c./ZS iJ tv Date: !lPr, Z?/o ')
Print Name ' I
Signature: Title: S ecrJ C..~7
c: Scott Wahhn -GolfC
Central File
File
America's Gateway to the Gulfstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing Agent
FROM: Janet M. Prainito
City Clerk
DATE: April 16, 2009
SUBJECT: R09-OSS Championship and Practice Putting Greens Resulfacing
Project at the Links at Boynton Beach
Attached for your handling is the partially executed agreement mentioned above and a
copy of the Resolution. Once the document has been fully executed, please return the
original document to the City Clerk's Office for Central File.
Thank you.
~Yr). p~
Attachments (2)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2009\Carol Doppler R09-0SS.doc
America's Gateway to the Gulfstream
SPEED LETTER@
TO FROM
_ _ _ _J~11~ t _l)r_~i!1:i. t:: a Caral DOPl'ler - - - - ----,---_. -
1;ll)[ Clerk --------- Purc~~~ng Agent -- ----- -------------------
_____ __ _n_ ___ _ _ __ - - -- -- ---------..----..--
SUBJECT CBAHPIONSBIP ABD PRACTICE POTTING GltEENS RESUD'ACING PROJECT AT THE LIRKS
- - FOLD NO.9 or 10 BIDI035-291o-09/CJD
MESSAGE
__ ._ _~tt:ac_h~(L isth_e ariginal contract~ a copy. af _the_ rE!!"tCl..r.!llil!lfE!_~Ol1cl..L~q~tc_e.:-Ja-Pr_oeeed.
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and a c~ of the letter to the c9ntra~~~r. .E
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-- -- - -- --- __ __ ___'0- _ _ _ n_ _ _ _ __ _ a>
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_ DATE 0'>
_________ _________ __..___.._ _. __ n_ _ _ _.. _ _ _0' __ _____ - =
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-- - - - - - - __ ____ n_ _n_ _
- __ __.. ____ __ - __ __ _n __ __ ___ _ - - __ __ __ _n __ _ --- -- -- -..-----------
FOLD FOR NO.9
- - FOLD FDR NO. 10 __ - _n _n _ _ _
- __ n_ __ _ __ __ __ _ _ __ __ _ _ _ _ _ _ ___ ___ _ _ _ _ _ _ _ DATE SIGNED __ __ - n_ ________
REDlFOOM SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES. RECIPIENT: RETAIN WHITE COPY, RETURN PINK COpy 44-902. Triplicate' 250 Sets
....a.........________iB! 448-902. Triplicate' 50 Sets
City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, FL 33425-0310
Telephone: (561) 742-6320
FAX: (561) 742-6306
May 5, 2009
TDI International, Inc.
321 Osceola Street
Stuart, FL 34994
Attn: Geoffrey C. Corlett
RE: "CHAMPIONSHIP AND PRACTICE PUTTING GREENS RESURFACING
PROJECT AT THE LINKS AT BOYNTON BEACH" BID#03S-291O-09/CJD
Dear Mr. Corlett:
Enclosed are copies of the following documents for the referenced project:
. Executed Contract
. Original 5% Bid Bond
. Notice -To -Proceed
. Copy of the Purchase Order
Weare in receipt of your Insurance and your PerformancelPayment Bond.
We would like to thank you for responding to this Bid and look forward to working with you.
~
Carol Doppler, CPPB
Purchasing Agent
/cjd
Enclosure: OriginalS% Bid Bond, Contract, NTP, and copy of Purchase Order
cc: Scott Wahlin - Golf Course Maintenance
.~ '=' J l 'Fill J.. '
File