R91-192RESOLUTION NO. R91-/~
A RESOLUTION OF THE CITY CO~WLMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AWARDING A BID FOR THE CONSTRUCTION OF
NEW WEST WATER TREATMENT PLANT TO POOLE
AND KENT CO., IN THE AMOUNT OF
$8,860,000.00 AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE CONTRACT II ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Com~ission of the City of Boynton
Beach, Florida, upon their review and the recommendation of
staff, deem it to be in the best interests of the citizens
and residents of the City of Boynton Beach to award the bid
for the new West Water Treatment Plant to Poole and Kent
Co., in the amount of $8,860,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
CITY COMMISSION
Section 1. The City Commission of the City of
Boynton Beach, Florida, hereby awards the bid for the
construction of the West Water Treatment Plant to Poole and
Kent Co.
Section 2. That the Mayor and City Clerk are
hereby authorized and directed to execute Contract II
between the City of Boynton Beach and Poole and Kent Co.,
attached hereto as Exhibit "A".
Section 3. This Resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED this J day of December, 1991.
ATTEST:
(Corporate Seal )
CITY OF BOYNTON BEACH, FLORIDA
WWTP. CON
11, 14/91
Contract, made and
CONTRACT
This
19~/, by and between ~he'Ci~y of Boynton Beach,
cal--~d the "Owner", and
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entered into this 5~ day of ~E~-/P~~--
Florida hereinafter
The Pooi~ and Kent Company
hereinafter called the "Co~tractor ;
WITNESSETH:
The Contractor, in consideration of the sum to be paid him by
the
Facilit
reference
the same
therewith.
machinery, and appurtenances for the consuruction of the City of
.ment Plant, Contract II - Water
es to. the extent of the Proposal made by the
Contractor~ dated the l~th day of October 19 91, all in
full compliance w~th t~nt-r~c= Documents referred to hereim.
The BIDDING REQUIREMENTS, including the signed copy of the Proposal,
the CONTRACT FoRMs, the cONDITIONS OF THE CONTRACT, the
SPECiFICATTONS,~ EIRCUITSCIiEDULE, RACEWAY SCHEDULE, CONDUIT
ANALYSIS, and thie DRAWINGS, entitled "City of Boynton Beach West
Contract II - Water Treatmen= Planu
9~, are hereby referred to and by
ract as fully and completely as if
set forth herein and are mutually cooperative
That the Owner hereby agrees to pay to the Contractor for the
faithful, performance'of this Agreement, subjec= to additions and
deductions as provided in the Specifications or Proposal, in lawful
money of the United States, the amount of:
eight million eight hundred and sixty thousand dollars and no cents
Dollars ($8~8607000.00
based on ~he estimate~ quantities and Unit or Lump Sum Prices
contained herein.
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CONTRACT
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said
ified
er
THE POOLE & KENT
Con tractor
By
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CONTRACT
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Such that if
with the
~g
Bidders, the
rm of
'formed. or
does
and
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PAYMENT SOND
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w~
o a cercain
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tess accot!da~c~
;ions
LL, all of
and
.oned, which
Documents specifically
of Ehis Bond
were set forth
S~P26410.H5
00605
PAYMENT BOND
RELIANCE II~TSURA~i~cE CO1VIPAI~TY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
NOW ALLMEN BY TH ESE PRESENTS.That the RELIANCE fNSURANCE COMPANY. a comcration duly organized under the laws of the State of
~-~:Te~nsyivania. does hereby ma~,e, constituteancaPpPiht Harry W. ROd~, III, Paul R. Ne~m~nn, G. Grayson ~oyce,
Robert F. Mansf~eld, Rayr~nd C. Daue, Jr., Joh~ J~, ~in, Robyn M. Kelly, Virginia Ann
Hart and Edward J. Martel, individually, of Baltimore~ Maryland
its true and lawful Attorney*in-Fact to make execute, seal and deliver for and on its behalf, and as itsact and deed any and all bonds
and undertakings of Suretyship,
~d t~-e RELIAN~CE INSURANCE COMPANY thereby as tully and-to the same extent as if such bonds and undertakings and other writings
bEiigatory in ~he natu[e thereof were signed by ad Executive Officer of the RELIANCE INURANCE COMPANY and sealed and attested by one
oth~f sech office[~, and he~'eby ratifies and c~nfirms all that its said Att0mey(s)-in-Fact may do in pursurance hereof.
The Power of Attorney rs g[anted under and by authodtyof Article VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
e tractive Septembe~ 7; 1~78, which'provisions are now in full force and effect, reading as follows:
ARTICLE VII --- EXECLrrlON OF BONDS AND UNDERTAKINGS
1; The Board of Dimctom, thePrasident, theChairmanoftheBoard, any SeniorV ce Pres dent any VicePresidentorAsalstantVce .
~PresJdent or other officer designated by the Board of D~rectom shall have power and euthorr[y to (a) appoint Attorneys-m-Fact and to authorize
vthere to execute on behalf of theCompany, bonds and undertakihgs, recognizances, contracts of indemnity and other writings obligatory in the
~natum thereof, and (b) to remove any such Attomey**n-Fact at asyt'me and revoke the power and authority given to him.
2. AttorneYs-in-Fact shall have power and authority, subject totne terms and limitations of the power of attorney issued to them, to
~execute and delive[oa behalf of the Corn pony, bonds and undertakings, recog nizances, contra~ts of indemnity add'other wdtings obligatory in
!the ne;t0m [hefeof. The corporate seat isnot necessary for thevalidity of any Ponds and ulEdertaMngs~ recog nizance,% contracts of indemnity and
~"~ther wilted gs obligatory in the natu re thereof.
3. Att~meys4n~Fast shat~ have p~wer and auth~rity t~ execute affidavits required t~ be attached t~ bOnds~ ~ec~gnizances~ c~ntracts ~f
demnity or other condit onal or ob igatory undertakings and they shal also have power and anthodty to certif~ the finan.~iat statement of the
ompany and tocopies of the By-Laws Of the Company or any article or soctio~ thereof
The power Of attorney is signed and stooled by tacalmile under and by authority of th e following Resolution adopted by the Board of Directors of
· REUANCE INSURANCE COMPANY at ameet ng hatd on the 5th day of June 1979 at which aquorum was present, and said Rasolut on has not
been amended o~ repealed:
"Resolved, thatthe signature of such directors and officers and the seal of the Company may bo affixed to any such
power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing
such fascimi{e atgnatums o[ facsimile seal shall be va]id and binding upon the Company and any ;such power so
executed and certified by facsff'nile signatures and facsimile seal sh~! be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached.
I N WITNESS WHEREOF, the RELIAN CE INSURANCE COMPANY has caused these presents to be signed by its V'~e Pr~ident, ~ its corporate
seal to be hereto af f,xe~ this' ]0th dayof Sep~ lS90 / / /
COUNTY OF Philadelphia j ... ~ v~u, ~,~s,eem
On this ~ 0th cay of September ,1990, personally appeared Rayn'Dnd MacNeil
to me known to be the Vice-P[ealdent of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing
instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By-Laws of said comoany and the
%,:~ ~.,~%'~ Residing at Philadelphia
,. Ray L. Lorah
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S~3RET¥
APPROVED AS TO
Robert F
Attorney-in-Fact
19
OWNER
Countersignedfor the State of Florida
~aul ~. z/~arski, Re*ident Agent
Alexande~/& Alexander, Miami, Florida
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terms and
Contra¢
this obligation are such that if
all'respecTs comply with the
his obligation thereunder,
which include the Plans. Drawings.
Consulting
to Bidders. the
the Bidand
if any,
andsave
and
value
and
the
ve
n~
! $~:P2641 D
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PERFORMANCE BOND
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KNOW
her
with ~
prepar
which
condit
Co~tra~t,
as fully
herein.
all of
and
ifically
s bond
were set forth
SEF26410.~5
00600
PERFORMANCE BOND
HEAD OFFICE, PHILADELPHIA. PENNSYLVANIA
POWER OF ATTORNEY
q OW ALL MEN BY TH ESE PRESENTS,That the RELIANCE INSURANCE CO M PA NY. a corporation duty organ[zed under the laws of the State of
Pennsyivan[a, doeshereoymake, constitute and appoint ~ W. Rod~'Sr IITr Paul R. t,,,~t.~a~, G. Grayson Royce,
Robert P. Mansfield; Raymond C. Daue, Jr., John J~ Lambdin, Robyn M. Kelly, Virginia Ann
Hart and Edward J. Ms_rte!, individually, of Baltimore, Maryland
its tree an~i lawful Attorney-in-Fast, tO make, execute, seal and deliver for and on its behalf, and as its act and deed ~y a~d all
~e RELIANCE INSURAN CE COMPANY thereby as futly and.to the same extent as if such bonds and undertakings and other walings
0b iga{ory f~ the nature thereof were signed by an Executive Officer of the RELIANCEINURANCE COMPANY and sealed and attested by one
Other of such officers,'and hereby ratifies and confirms air that its said Attomey(s)-in-Fact m ay do in pursurance hereof.
The Power of Attorney is granted und er and by authority of Article Vii of the By-Laws of RELIANCE INSURANCE COMPANY which became
effecfiveSeptember 7,1978, Which I~rOvisiorts:are now in full force and effect, reading as follows:
ARTICLE Vii -- EXECUTION OF BONDS AND UNDERTAKINGS
.......... l=--The, Board of Directors, the Pres dent the Chairman of the Boa-rd, any Senior Vice President, any Vice President-or"Assistant Vice ·
President or other officer designated by the Board of Directors shall have power and authorityto (a) appoint Attorneys-in-Fact and to authodze
~ themto execute~on behalf of the ComPany, bdnds and undertakingS~ recognizances, contractsof indemnity and other wdtings obligatory in the
nature thereof, and (b) to remove any such Attorney-in-Fact at any time and revoke the power and authority given to him.
- 2. Attorneys-in-Fact shall have power and authority, subject to the temas and limitations of the power of attorney issued to them, to
execute and deliver on behalf of the Cqmpany, bondsand undertakings, recognizances; contracts of indemnity and other wdtings obligatory in
~he nature t hems f; '[he corporsteseal isn0~ necessary f0r the velid[[~;of any bonds and undertaking~ recognizances, contracts of indemnity and
ther wdtings obligatory in the nature ~he{enf~
.- ~3. Attorneys-in-Fact shall have power and authodty to execute affidavits required to be attached to bonds, recog nlzances, contracts of
~demnity or other condit COal orobligatory u~ :lertakings and they shall also have power and authority to certif~the financial statement of t he
.~omp~nyand tocopiesof the By-Lawsof the Companyorany article orsection thereof.
The power of scttomey is signed and sealed by facsimile under and by authority of the tollowirtg Resolution adopted by the Board of Directors of
RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979; at which a'quorum was present, and said Resolution has not
been amended orrepealed:
"Resalved, that the sigsature of such directors and officers and the seal of the Company may be affixed to any such
power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing
such fascimbe signatures or facsimile seal sRall be valid and binding upon the Company and any such cower so
executed and certified by facsimile signatures ~nd facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached."
/ /
iN WlTN ESS WHEREOF, the R E~.IANCE INSURANCE COMPANY has caused these presents to be signed by its V. jEe Pr~/sident, ~ its corporate
seal to be hereto affixed, this ~Oth dayof Sep~3~,~ 1990 /,~
STATE OF Pennsylvania / ~-/
CO[~N~Y OF Ph±:La-delpnia I ss. VicCP~eal~ant
On this 10'E~ dayof Sep~E~tbe~ ,19 9 0, bersonally appeared
to me known to be the Vice-President of the RELIANCE INSURANCE COMPANY. and acknowledged that he executed and attested the foregoing
instrument and affixed the sea{ of said corporation thereto, and that Article Vii, Section 1.2, and 3 of the By-Laws of said company aha toe
My Commission Expires: ~. ~.. ~ .
Public in and for State of ~ennsylv
Residing at
,NWlTNESSWHEREOF, lhavehereuntosatrnyhandand~°~'~%l~aidcompanythis 4th dayof Decezr~oer 1,9 9~
BDR-,4~t Ed.6/79 ~~F/ AssistantSecrstar~ '
APPROVED AS TO FORM)
Robert
~t~o~ne~imGFact
· 19
, OWNER
Countersigned for the State of Florida
By: I '
~b~l ~ Z~harski, Resident Agent
AlexandeI~ & Alexander, Miami, Florida
SEP26410.H5
90600
PERFORMANCE BO:~D
Boone & Rod?rs. [nc.
Searlett Place, Suite 200
250 S. President Street
Baltimore. Maryland 2120£
gINDER OF INSURANCE
DATE November 27, i991
F LN SURF~D'S NAME AND MAIIJNG ADDRESS _~
City Of Boynton Beach, Florida (Owner);
The Peele and Kent Company (Contractor);
CH2M H~ll (Consulting Engineer);
Subcontractors and Sub-subcontractors A.T.I.M.A.
cio The Peele and Kent Company
L1781 ~.w.. N0rth River Drive ' ~J
Miami, EtOrida 331~5 ,
PENDING !SSU~NCE OF,A POLIC~, and m consideration of the s~ipulahon herein contained, the Company hsled below is
:hereby bound to ,the 'inSured ; · " ,
from 12-: [} 1 A.M. {standard time} On the, effective date until 12: 01 A.M. (standard time} on the date of expiration.
EFFECTIVE DATE WREN NOTICE TO PROCEED IS RECEIVED DAYS EFFECTIVE Until PolSey Issnane~
~'~ NAME OF INSURANCE COMPANY R~lia~nee Tnsur~nea Cnrnpany
POLICY LIMITS/AMOUNTS/DESCRIPTION/REMARKS:
Description:
Wastewater Treacment Plant 1
Contract 2
Water Treatment P%ant Facilities
Boynton BeachRoad,
Boynton Beach, Florida
Limit~ of L%abflity: $8,860,000. Project
$ 250,000. Off Site
.... $ 250,000. Transit
$ 50~,000. Flood
Deductibles:
$ 5,000. Each Claim except
$ 25,000. Flood
Perils:
"Ail Risks"
[t is expressly stipulated that this binder is tssued sub ec to all the erms and conditions of the policy regularly issued By he Company ~n
the state in which the operation or propert5 s located which policy is hereby made a part hereof to the ~ame extent as if fully set forth
herein: and to the payment of such premmm as may be found to be due to this Company. which premmm, in the event of loss before expire flea
of this binder, shall be fixed at the full annuaI premium for the sum insured·
It is a condition of this hinder lhat whenever the Pohcy of this Company is issued in lieu of its undertaking under this hinder· its obllga-
lions hereunder shall :ease and be void: provided, however· that this hinder shall nm continue in force beyond the expiraBon date stated
accepted subiect to the foregoing St pulations and conditions and shall not be ~~e~d--b~Sfi'e'-~uly authorized agent of this
Company·
This Binder may be cancelled at any hmo by the insured by ils surrender te the Company or to this agent, or by giving notice to the
Company or to this agent when thereafter the cancellation shall be effective The Binder ma~ be cancelled by the Company. or by this agent
in behalf of the Company, by mailing to the Insured. al the address shown above, written notice stating when not less than ten 10) days there-
after such cancellation shall be effective. The mailing of notices as aforesaid shall be sufficient notice. The effective date of cancellation
stated in the notice shall become the end of the binder period. Delivery of written notice shall be equivalent to mailing.
When more than one Compan3 is named in this hinder the above s~ions apply separa lely to each Company.
Boone & ROdgers, Inc.,
THE
250 S. President Street
Baltimor~ Marylan~l 21202
THE POOLE AND' KENT COMPANY
1781 N.W. North River Drive
Miami, Ftozida 33125
LET'fEM. D
kND CONDI~ONS
A ~ ^NY AUTO
& L_MdALL OWNED ^~ros
B L-XisCHEDu~D AUVOS
~._,~ HIRED AUkS
~ BY PAID CLAIMS.
ERE 3345701 i 6/30/91
CL 00164091 ~ 6/30/91
SRE 3345701
CL 00164091
6/1/92
6/1/92
6/1192
6/1/92
6/30/91
6/30/91
A i~UMBRELLAFORM ~ SRU 1137173
~ OTHER THAN UMBRELLA FORM
Ai ~RD SRW 3061255
(Per per-don)
~---L,.O00~O00~
i$
6/30/91 6/1/92
6/30/91 [ 6t1/92
OTHER
Re: Wastewater Treatment Plant l, Contract 2, Water Treatmen~ Plant Yacilities
Boynton Beach, Florida P&K Job No. 92606
.%DDITIONAL INSURED: City of Boynton Beach Florida (owner) and CH2M Hill (engineer)
City of Boynton Beach, Florida EXPIRATION-DATE THEREOF. THE ISSUING COMPANY WILL ~
MA~L 3~- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT.~~._. · - ~ _- ~.:
..... ~.~,~.,..~.~ ~-. .:~ ~ ~ ~ ~ ~. . ~, ~ ~:~ ~. ~.~A~RD CORPORA~O~9~