R02-086
I ~
il
I
i I
RESOLUTION NO. R02- OBle
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING BID#035-2423-02/KR FOR THE
EZELL HESTER, JR. PARK FOOTBALL FIELD
PRESS BOX, TO RIM BUILDERS, 'INC.;
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE SAID
CONTRACT DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on May 7,2002, nine (9) proposals were received and reviewed
y the Construction Services Division and Project Consultant; and
WHEREAS, upon recommendation of staff, the City Commission of the City
f Boynton Beach does hereby approve the bid for the Ezell Hester, Jr. Park Football
ield Press Box to RIM Builders, Inc. of West Palm Beach, Florida, in the amount of
166,030.00; and
WHEREAS, RIM Builders, Inc. has performed similar projects successfully
nd has the capacity to undertake this project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida,
ereby approves the bid for the Ezell Hester, Jr. Football Field Press Box, to RIM
uilders, Inc. of West Palm Beach, Florida, a copy of said Agreement is attached
ereto as Exhibit "A".
Section 2.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this LJ
day of June, 2002.
BEACH,
~7
):::ert< ~~
Commissioner I t7
'tn.~
Corpo~~ \(\ llili~' It! 1111;,
# :4, 't\ 'i uN& ~
~ 0 <llOOo1l$l(,,",~<ll~.d ~
:-.; e' f1' '" o. . ~ ;po:
S {b i~~~O V\ t ~b~eo 0 ~
::: ~ loQ! ~~* 1:- ~
:: 0 :0 ~:::
-= "'" ~z i"-
:: "- :- :
-" " $-
~~\ I:;:
:Reso~d '~"",cr.eress !d'<s\J:r Fo~all Field
~~v 9U~ >:>\ilfO <I~ "?: ""
~ 11l:)-I/.I\IG~t>l)g,~."'\.v ~
~/III ' FLO~\~#
II! 11111! Ii \ \ \ \\\
,.J, .
.FIxl"
"if' ..,
>.
R02-08C:,
, .
BID TITLE: RZF,T,l, ffESTER, .JR. PAl~K FOOT8ALL FTE1,DPRESSROX
BID NUMBER: 0]e;-2413-02/KR
PROJECT NUMBER:. CPO 240
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this L./ day of June..
20~ by and. between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the "CITY" or "OWNER" and R.TM RUTT ,HERS, TNC of West Palm Reach,
Florida.
a Florida Corporation L X~
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor ~
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
A. 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:
EZET J, HESTRR, .JR. PARK FOOTRA I J, FIET ,0 PRF,SSROX
B. Contractor, in compliance with the bidding requirements announced by the City, submitted
a bid on the 7th day of March, 2002, for the total bid amount of $166,0]0,00.
C. On the 4th day of .June, 2002, the City Commission designated contractor as having
submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement.
D. The Parties agree that the Project is scheduled to be completed within 12.0. calendar days of
the issuance ofthe Notice to Proceed, subject to CITY approved time extensions. There are
penalties to the CONTRACTOR for the failure to meet such deadlines.
-.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
C-l
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing recitations contained in Paragraphs A-G ar~ 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 ofthe Proj ect.
1.1.3. TheCONTRACTORdo.esacceptthis Contract and doe&agree to furnish
thellecessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the worl<las seti forth in the this
Contract and the Contract DoclllTIents. for the price and ~ounts set forth
mCoritractor's bid. .
1.1.4. Contractor is an independent contractor as that term is! set forth in the
General Conditions for Co~strUction (GC-2)
1.1.5. Unless otherwise provided, all time frames referenced' in all Contract
DoCunients shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set for1lp in the Contract
Documents.
2.2. The Contract Documents are the compilation of the folloFing individual
documents:
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
Advertisement for Bids
Instructions for Bidders
Bid Proposal
Bid Bond
General Conditions for Construction (GC) ~ all referenceslto "GC" shall
be to section humbers
I
,
2.2,6. Construction Contract
2.2.7. Certificate of Insurance
2.2.8. Public Construction Bond
2.2.9. Letters of Credit
2.2.10. Technical Specifications
2.2.11. Contract Drawings and Plans
2.2,12, Addenda
2.2.13. Written directives or interpretations
2.2.14. Manufacturers warranties
C-2
,
, ,
15. REMEDY FOR DELAY
15,1. In the ~vent 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 py 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 M<DNETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONT~CTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSEjD BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLQYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECO"iERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS L]MITATION.
CONTRACTQR hereby acknowledges that he has read and understands the
above provision. ..;:::::;;u41
INTIALS ~
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 10
accordance with the General Conditions for Construction (GC 24)
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 Proj.ect Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for ConstruCtion
(GC-19).
16,2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
C-8
"
, ,
IN WITNESS, WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the.
CONTRACTOR has e*ecuted these presence the day and year herein before written.
Signed, sealed and wi~essed
in the presence of:
~~.~
1 . ; ~\\I\\I"fIIl/""
i :$-''\ "a I Qlo ;1~
.J,.~ . I' ~
~ ..O.,IllI",IU',:r"OClOO$ ~ ~
~I .. 0:::> '.. ~
~!~ :;-" vl8 H (11.0 ~
tni:P' · i ~~' ~
~ e\ . 1 OE
_ e\-M . ....... -..
.-;::., J'.,"'f~.. .. ,
City c~.t4- o.......~,..<o~.f -r' City Attorney
'1t- ( ~ it, l"1? ~ 'D\.
I ~/I. '1/ ^ 0<:> ":\\~
1IIIIlIfllll\\\\\\\
CITY OF BOYNTON BEACH, IfLORIDA
LlI it
/ Mayor
----.......
Attest:
Approved as to Form:
Signed, sealed and witnessed
I
in the presence of: I 1'_
~'If~
;~~
CONTRACTOR
State of Florida
(
-
County of Palm Beach
)
) ss:
)
On this i'l fi day of , 200d, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herel or who has roduc as
identification and who lfxecuted the foregoing instrument and has acknowledged before me that
they have executed same.
N~~
My Commission Expires:
.".~~~~~... John. Stenger
~~ 'f4 MY COMMISSION # CCBJ4671 EXPIRfS
. , . Mo,>, 9, 2003
OCNPf~l!1!l\iJRQY FAIN IN8iMlANet, ~
C-9
Performance Bond No. CS6 020 2216
As to Contractor/Principal: RJM Builders, Inc.
Name: Ronald Maggio
Principal Business Address:
12079 Orange Blvd.
West Palm Beach, FL 33412
Telephone: (561) 792-5358
As to the Surety: Lyndon Property Insurance Company
Name: Steve Helmbrecht
Principal Business Address: c/o 4686 Sunbeam Rd. #120
Jacksonvifle, FL 32257
Telephone: (904) 733-8885
As to the Owner of the Property/Contracting Public Entity:
City of Boyton Beach, Florida
Name:
Bill Atkins
Principal Business Address:
100 East Boyton Beach Blvd.
P.O. Box 310
Boyton Beach, FL 33425
Telephone: (561) 742-6320
Description of proiect including address and description of improvements:
Ezell Hester Jr. Park
Football field pressbox, construction of two story CBS Press box, storage area,
and office building
III
PUBLIC CONSTlUJCTTON BOND
Bond No. CSB 020 ~
BY THIS BOND. 'We RJM Blilders, ~.
and Lynd:n Pl'q;.erty Tnsuran:e .O:npmy
-- ,. ------...0..-...
. as Principal
· a corporation. as Surety, are
called Owner, in the sum of
bound to ~ity or l'loynton.".- . R~Mh. herein
$166,03:1.00 .forp. R'\1Tr'lent of which we . bind ourselves. our, heirs,
- ,.".-r- - J'" _
personalrepresen~atiV"e8, successors,and assigns,jointJy and severally.
,
THE Cb~lTrONOF THIS BOND is that if Principal:
1. Petfonnsthe ,ontraet dated .Q.Ul'Ey4.L 2CX>2.. , " between .Principal and Owner
fur e~ti~. p~f?<>h ~ Jr. ~ foothill fie:!(! p:e;sb:oc . the e~ b<>ing
construe~1.0n{jf\2s'tory CBS Pressbox storage ?rea and ottice builC
made apart Qfthisbond by reference. at the times and in the manner prescribed in the
I
contrar::t; and 1
2. Promptly makets payments to all claimants, as defined in Section 255.05{1), F10rida Statutes.
supplying .Prin~ipaI with labor, materials, or Supplies, used directly or indirectly by Principal
in the proseeutipn oftbe work provided for the contract; and
' .
3. Pays o"vnet' al~ losses. damages, ra1qJenses. costs. nnd attorney's fees. including appellate
proceedings. th~t Owner sllStams because of a default by Pri'ncipal under the contract; and
! .
4. Perfonns the ~antee of~n work and materials fumished under the contract for the time
specified in the Gonher. then this hond is ,'oid; otherwise it remains in full force.
5. Any changes in Qr under the contract documents and compliance or noncompliance With any
. i
fonnaIities conn~cted with the contract or the changes. do not affect Surety's obligation" under
this bond.
6. The payment pfO'~'isions of bonds fumishec1 for pnhlic work contracts descnoed in subsection
(1) shaH. regardI~ss of form. be constmedand deemed statutory bond provisions. subject to
all requirements of suhsection (2).
7. ' In addition to the iprovisions of chapter 47, any action authorized under this section may be
brought in the oo*nty in which the public building or public work is being constructed or
repaired. This snb~ection shall not apply to an action instituted prior to May 17, 1977.
, .
8. An bonds execute~ pursuant to this section shall make reference to this sec:;tion by number
I,
and shall contain ~ference to the notice and time limitation provisions of this section.
PCB - 1
')
L
II
II
11,'
wo",," . '.
,~H.
di,
9. In lieu of the bond required by this section, a contractor may file with the state, col.ul~'. city
or olh~politi..J ..thori'f ao aJteti,ativ!; lom> of $eeurlty in .the fonn of oa$h. . money order,
a certified cpeck, a cashier's check, an irrevocable letter of credit. or a security of a type
Iistedinpa~U()f Chapter 625. Any stich alternative fonnofsecurity shall be for the sarne
pUrpose and pe subji:Ctto the same conditions asthose appIicableto the bond required by this
sf$ction. The ,determination of the value of analterpativeform of security shall be made by
the apprqpriafestate,county, city, or other political subdivision_
DATED ON June 19. 2002
L
'ranee Company
~
Peter A. Kessler, Attorney-in-Fact
& Florida Licensed Resident Agent
"'"
PCB-2
3
~
LYNDON PROPERTY INSURANCE COMPANY
520 MARYVILLE CENTRE DRIVE, SUITE 500
ST. LOUIS, MISSOURI 63141-5814
POWER OF ATTORNEY
09-113
KNOWN ALL r<.1EN BY THESE P~ESENTS, thaI L YNDONPROPERTY INSURANCE COMPANY, a Missouri Corporation, having its principal office in St.
,ouis, Missouri pursuant to the foIlowing!resolulion, adopted bytlte Board of Directors of the Corporation on Ihe 27 th day of January, 1983,
RESOLVED, Pursuant to Section],) and4,12 of the By-laws, the following Rules shall govern the execution of the Corporation of bonds, undertakings,
recognizances, contracts and other writings in the nature thereof:
(I) That the President or any Vic~ President or Assistllnt Vice President. the Secretary or Assistant Secretary, .the Treasurer or Assistant Treasurer or any
Atl()l'l1i:y.in..Factrnay executqforand in behalfofthe Corporation any and all bonds. undertakings, recognizances, contractsand other writings in the nature
there~f, thesametobeatteste~whennecessary/)yt/JeSecretary or Assistance. Secretary,llnd the seal of the Corporation llffixed thereto; and that the
Pri:sident, any Vice President ~nhe Secretary or Ass istant Secretary may appoint and authorize Attorneys-in-Factto execute otto the execution of all such
writings on behalfQft/Je Comoration. and to affix the seal of the Corporation thereto, The Secretary or Assistant Secretary may not both execute and attest
the same bonds,undertakingsj recognizances, contracts and other writings of the Corporation.
I
(2) Any su~h writing executed in bccordance with these Rules shall. be as binding upon the Corporation in any case as though signed by the President and
attested by the Secretary, '
,
(3) Th. e. . Sig.. nature. O.fthe.PT. CS. ide. nt,1 or any Vice p. re. sident or Assistant Vic.e President, the Secretary or Assistant Secretary, or the Treasurer or Assistant
Treasurer and the seal ofthe Cprporation may be atlixed by facsimile on any power of attorney granted pursuant to this Resolution, and the certificate
bearing such facsimile signalll~e and seal shall be valid and binding on the Corporation,
(4) Such Attorneys-in-Fact shall h~ve authority to certity or verity copies of this Resolution, the By-laws of the Corporation, and any affidavit of record of the
Corporation necessary to. the dIscharge of their duties,
This Power of Attorney is signed and seale1 in f.1csimile under and by the authority of the above Resolution,
DOES HEREBY MAKE, CONSTITUTE A~D APPOINT: Peter A. Kessler
ils true and lawful Attorney(s)-in-Fact wilh lilllpower and authruity herchy conferred in its name, place and stead to sign, execute, acknowledge and deliver in its
bchalf: and as its act lIud deed, without powh ofredelegation, for all ohlillees inclUding any and all eonsents required by the llepartmentofTransportation, State
fir Florida, incident to the release of retai1edpercentages ani/lor final estimates, as follows:
Bonds guaranteeing the fidelity ofpetsoQS fir.lding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and
executing or guaranteeing bonds and unde akings relJuired or permitted in all actions or proceedings or by law allowed, provided the amount of no one
bond. exceeds Two Million Five Hundre Thous~nd .and 00/100 Dollars $2 500 000.00 : and to bind LYNDON PROPERTY INSURANCE COMPANY thereby
F;;CTBfully and to the same extent as ifsuch bo d or undertaking wlls signed by the duly authorized officers of LYNDON PROPERTY INSURANCE COMPANY, and all
~ acts of said Attorney(s)-in-Fact pursuant 0 the authorit};herein given are hereby ratified and confirmed,
. In Witness Whereof, L YNDON PROP~RTY INSURANCE COMPANY afSt, Louis, Missouri, has caused this Power of Attorney to be signed by its President
I ana its Corporate ~eal to be affixed this 12't day of March, 1999 ,
State of Missouri
County ofSt, Louis ss:
LYNDON PROPERTY INSURANCE COMPANY
Ay:_6[;~~ ~
ROLAND G. ANDI:RSON, President
On this the 12th dlayof March, 1999, before the subscriber. a Notary Public of the State of Missouri in and for the County ofSt. Louis, duly commissioned
and qualified, came ROLAND G,ANIJERSON of Lyndon Property Insurance Company to me personally known to be the individual and officer described herein, and
who executed the preceding instrument, and aF.knowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the
Company aforesaid, and :that the seal fixed to ,he preceding instrumenl is the Corporate Seal of the Compllny, and the Corporate Seal and signature as an officer were
dulYlIflixed and subscrihed to the said instru~ent by lhc authority and direction of the Corporation, and that lhe resolution of the Company, referred to in the preceding
instrument,
In Testimony Whereof, I have hereunto ~et my hand, and fixed my official seal at St, Louis, Missouri, the day and year above written.
I
MA~IEf.DUFF 1?t~~
Notary Pub/icl- State of Missourf . . .. . .
CounlYj at Jefferson _ . _
My Gommissjoo E[xpires J.nu./)' 6. 2006 +
I, Richard C. lIackeil, Assistant Secretary uflhe Lyndon Property Insurance Company, do hereby certify lhat the foregoing is a true and accurate copy ofa Power
of AUomey, executed by said Lyndon Propertyilnsurance Company which is slill in full toree and effect,
In Wilness Whereof: I have hereunder set m* hand and affixed the sClll orsaid ('nrpoTlltiun at ..<;1. Louis, Missouri, lhis 1 9 t hIay of
June
, 2rIJ 2 .
State of Missouri
County ofSt. Louis ss:
LYNDON PROPERTY INSURANCE COMPANY
~~/
The City of
Bqynton Beach
Procurement Services
100 E. Boynton.BeachBoulevard
P,O. Box 310
Boynton Beach, Florida 33425.0310
Telephone No: (561) 742.6320
FAX: (561) 742-6306
July 11,2002
RJM BUILDERS, INC.
12079 ORANGE BLVD.
WEST PALMBEACH,FL 33412
ATTN: RONALD MAGGIO
RE: "EZELL HESTER, JR. PARK FOOTBALL FIELD PRESSBOX"
BID #035-2413-02/KR
Dear Mr. Maggio:
We are in receipt of your insurance requirements, executed contract, and Public Construction
Bond for the above mentioned project.
Enclosed are the following items: 5% Bid Bond, copy of the executed Contract and the Notice
To Proceed. Please sign the Notice To Proceed on behalf of your company, keep the original for
your records, and return. a covy to the City as soon .as possible. Your Purchase Order will be
mailed upon receipt of the Notice to Proceed.
If you have any questions, please feel free to callme at: (561) 742-6322.
Sincerely,
~~~~
Bill Atkins
Deputy Director of Financial Services
Iktr
Enclosures: 5% Bid Bond, copy of executed Contract, Notice To Proceed
c: Bill DeBeck, Project Manager
Clem Bucher, Contract Administrator
Wally Majors, Recreation Director
Marshall Gage, Chief of Police
Central File
File
America's Gateway to the Gulfstream
The City of
Bl?ynton Beach
Pro(:Ur~nt Services
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TelephoneNo: (561) 742-6320
FAX: (561) 742.6306
June 5, 2002
RJM BUILDERS, mC.
12079 ORANGE BL YD.
WEST PALM BEACH, FL 33412
ATTN: RONALD MAGGIO
RE: "EZELL HESTER, JR. PARK FOOTBALL FIELD PRESSBOX"
BID #035-2413-02/KR
Dear Mr. Maggio:
At the City Commission meeting ofJune 4, 2002, the bid for the Ezell Hester, Jr. Park Football Field Pressbox,
was awarded to your company.
Enclosed is a Tabulation sheet for your review, along with a Contract signed by the City. Please execute the
contract on behalf of vour comoany and return it to me at vourearliest convenience.
As stipulated within the Bid specifications, your company's original Certificate ofInsurance is to be provided to our.
Risk Management Department at your earliest convenience, naming the City as additional insured, At this time
your 100% Public Construction Bond is required.
Your 5% Bid Bond will be returned, and a Purchase Order will be issued along with a "Notice- To-Proceed" after all
required documents are received and approved.
We thank you for responding to this project. If you should have any questions regarding this bid, please feel free to
contact my office at (561) 742-6322,
Sincerely,
~H~~
Bill Atkins
Deputy Director of Financial Services
Iktr
Enclosures: Tabulation Sheet, Contract signed on behalf of the City
cc: Bill DeBeck, Project Manager
Clem Bucher, Contract Administrator
Wally Majors, Recreation Director
Marshall Gage, Police Chief
Central File
File
America's Gateway to the Gulfstream
The Cit)1 of I
J3o~nto"'Beaeh I. .. . .
.H . ~nnDlf Sl:rVII:t:$
. · 100 B. B.)l1J191J.BCddI &Juln_a
I P.O. Bo~3~O
~tfn 1k.".P&'t<ififg 3342s..fJ310
2"~"b9- N,,: (561). 742.6320
I FAX: (S61) 742-6306
I
I
RJM Bu4.DERS, INC.
120790RjANGE BLVD.
WEST PALM BEACH, FL 33412
ATTN: R NALD MAGGIO
NOTICE TO PROCEED
TO:
DATE: July 11, 2002
PROJECT: "EZELL STE~ .TR. PARK FOOTBALL FIELD PRESSBOX"
BID #03 241J..02/KR
You lIhalJ co. """..,.. W..J 'IlK in """'" ... dan. .ce WI. . . th the Agre.. _en! d. atod: Juu. e 4. 200:2 on or before
224200Z and you are toe mplete the WORK within 120 CALENDAR DAYS thereafter.
The date of completion 0 allWORK is therefore: November 1& 2002
The Contractor's point o~sowce for all activity relating to this project will be:
Julv
Contad Penon:
Bi DeBeek
hject Manager
(561) 742-6486
Ellgineer:
St plieD Boruff (561) 471-8520
St phen Boruff, AlA, Architects & Planners
I
CITY OF BOYN ONBEACH
~~APJ?
Bill Atkins, Deputy Dire
CCEPTANCE OF NOTICE
Receipt of the abov'c NO ICE TO PROCEED is hereby acknowledged by:
&1I1fL}) . MJk;:h(o Date: ..;J;2y /6 ~ ;" cd..
Print Name I
Signawre; ~..eA ~y TiU.: r~$ID$..t!-r _
. I
c: ~t I Ccnll'al File
Finatlce' I File:
I America's Gate1W9' to du Gulfttream
I
I