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Minutes 01-24-28SP_~CIA' ~.~TII'IG OF JKNUARY ~4TF~, 19P, 8. A Special k~eetLug of t heBoard of Town commissioners of the Town of Boynton, Florida, was held at the Town Hall of the Town of Boynton, Florida, Tuesday Afternoon, January 24th, A. ~0. 1928, at 2:00 o'clock Present: R. O. ~Iyers, i~iayor Harry Benson,Vice_Layor E. L. ?;inchester,Town Clerk The above constituting the entire Board of Town Commissioners of the Town of Boynton, Florida. In addition to the Board of Town C~nissioners, the following were present: Kenneth N. Campbell' E. ~[. Archibald Thomas Dempsey and C.L. McCoy Upon mot ion made by Commissioner R. 0. Myers, seconded by Commissioner E. L. ~;~inchester, the following Resolution was duly adopted: WHEREAS, at a SRecial Meeting of the Board of Town Commissioners of the Town of Boynton, which was held at the Town Hall of said Town on September 9t~, 1927, at which meeting a mot ion was made that the Town Commission of the Town of Boynton in accord with the suggestions and recommendations of a group of representative citizens re- sidence and inhabitants assembled at said meeting, do take the necessary steps for and proceed with the building, con- stmuction and erection of the Boynton Beach Casino at an approximate cost of $1~,000.00. Said motion upon being seconded and being put to a vote was unanimously carried and was so declared by the aayor, and ~¥n~,~ , a motion was duly made, seconded and unanimOuslY carried that in accord with the suggestion and recommendation of a representative body of citizens, and inhabitants in Boynton attended upon said meeting that the ~own Commission of the Town of ~oynton do adopt and use in their entirety in the construction, erection and building cf the ~oynton Beach Casino the plans and specifications prepared by ~lessrs. king & Campbell, Architects, and. WHEP~AS, at a Special i.~eeting of the Town Co~mission of the Town of Boynton, held at the Town Hall of said Town on October 31st, 1927, a motion was made, seconded and carried, that the Town Clerk advertise for bids for the construction, erection' and building of the Boynt0n Beach Casino in accord with the plans and specifications of Liessrs. ~£ing & Campbell, Architects, which plans and specifications are on file in ~he o~fice of the Town Clerk, and WHEREAS, a mot ion was made, seconded and unanimously carried that the Town Clerk be directed 'to give such notice o~ the receiving of bids to be opened at a meeting to be held ~y the Town Commission on ~ovember !6th, 192~, at the hour of 7:30 P.~i. of said date, and Wb~.~EA$, the Town Clerk did order the oublication ef the fellowing Notice to Contractors in the Palm Beach Post cn November 1st, November 6th, November 9th, and November 13th, in the year 1927:- NOTICE TO C.,NTR~CT¢~.~ The Commission of the Town cf Boynton, Florida, will any time on or before ~ovember 16th, 1927, receive at the office of the Town Clerk, Town Hall, Boynton, Florida, bids for a bathing casino building, to be erected at Boynton Beach, Florida, according to plans and specifications therefor prepared by Xing & Campbell, architects, of Jest Palm Beach, ?'lorida. Bids will be opened November 16th at 7:30 ?.5~., at the Town Hall, Boynton, ~lorida. Bidders may procure o!ans and specifications at the office of Eing & Campbell, architects, Palm Deach, Florida, upon payment of a deposit of .~25.00 Twenty-Five Dollars. All bidders shall be required to submit a certified check in the amount of two hundred dollars ($200.00), made payable to the Town of Boynton, with each bid to show good faith of the bidder. The cor~missioners of the Town of Boynton reserve the right to reject any or all bids. TOWN C0~L~I S$ I0I(ER$ Town of Boynton,Florida By E.L.Winchest er, C!erk. Nov. 1-6-9-1S. AND WHEREAS, at a Special ~eeting of the Town Commission, of the Town of Boynton, held at the Town Hall of said Town on the 16th day of November 19Z~, the Notice for Bids as authorized at the Special ~ieeting of October ~lst, 1927, for the building, erection and construction of the Boynton Beach Casino, was read by the Town Clerk and discussed by the Commission, and the Town Ulerk did present to the Commission and the Commission did open, read snd examine the bids submitted pursuant to said Notice ~herefore. The following bids were received and the full amounts of bids as shown thereby, to-wit: B. G. Zablocki Chalker &Lund C. G. Warner Company ~arry Vought & Co. ,Inc. Carl Rhueman Don Eillier H. G. ~itchell Company E. Fearson & Son O.S.Heaton Const.,Co. DaCamara Chac~ Const. Co. E.l~.Powers Const. Co. $16,286.00 11,137. O0 12,840. O0 12,774.00 14,430. O0 11,603.00 10,390. O0 11,342. O0 12,290. O0 16,837.00 '11,974.92 AND WHi~REAS, after due consideration and deliberation iS has been found that the bid $11,974.92, which bid was submitted by the E. F. Powers Construction Company of ?~est palm Beach, Florida, is the best bid and that the E. F. Powers construction Company is the best responsible bidder, TP~REF©RE BE IT RES©LVED that the Town Conzmission e£ She Town of Boynton, Florida, enter into a contract with she E. F. Powers Construction Company for the building, erec- tion and construction of the Boynton Beac~ Casino for the sum of Eleven Thousand Nine Hundred Seventy-F~ur Dollars and Ninety-Two Cents i$11,974.92), BE IT FU.~HER PJES©]LVED that the L'ayor and the Town Clerk be ordered, authorized and ~mpowered and hereby are ordered, authorized and empowered to enter into the following agreement with the E. F. Powers Construction Cor~pany o£ ~!est Palm Beach, Florida, for the building, erection, and construe- tion of the Boynton Beach Casino for the sum of Eleven Thou- sand l~ine Hundred Seventy-Four Dollars and Ninety-Two Cents, ($11,974.92): THIS AG~EE~NT made the Twenty-fourth day of January in the year Nineteen Hundred and Twenty-eight by and between E. F. Powers Construct ion Company, West Palm ~each, Florida;:E. F. Powers, President, E. M. Archibald, ~ice-Presi- dent, and A. L. Noble, Treasurer, hereinafter called the Contractor, and the Town of Boynton, a L~unicipal Corporation hereinafter called the Owner, WITNESSETH, that the Contractor and the 'Owner for the considerations hereinafter named agree as fo 1 lows: Article 1. SCOPE OF THE iTC)lOj~ _ The Contractor s~ll furnish ali of the materials and perform all of the ~ork shown on the Drawnings and described in the Specifi- ca, ions entitled ~athing Oasino for the City of Boynton prepared by ?~illiam ~!anly Y~ing and Eenneth ~j. Campbell, .acting as and in these Contract Documents entitled the Architect; and shall do everything required by this ~-greement, the General Conditions of the Contract, the Specifications and the Drawings. Article 2. TI~ OF CO~iP LET ION _ The work to be performed under this Contract shall be commenced at once and shall be substantially coSpleted on or before April let, 1928. Damages for any delay to be settled by arbitration. Article 3. TEE CONTRACT S~I - The Owner Shall pay the Contractor~ f~r the performance 'o~ the Contract, subject to additions and deductions provided therein, in current funds as follows: Eleven Thousand, Nine Hundred and Seventy-Four Dollars and ltinety-~o Cents, ($11,794.9~2). ?/here the quanti- ties originally contemplated are so changed.that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable adjustment of the Contract to pr. event such hardship. Article 4. PROGRESS PAINTS - The Owner shall make payments on account of the Contract as provided therein, as follows: On or about the let and 3rd Tuesday of each month eighty. five percent of the va~m~, based on the Contract prices, of labor and materials incorporated in the work and of materials suit- ably stored at the site thereof up to the ~.revious day of that month, as esti~nat~d by the Architect, less the aggregste of previo,~s paj~ments; and upon substantial completion of the en- tire work, a sum sufficient to increase the total payments go eighty-five percent of the contract price and at no time shall the total payments exceed eighty-five percent of the value of' labor and materials incorporated in the work and of materials suitably stored at the Site. Article §. ACCEPTANCE A~D ~INAL pAyI~ENT ~- Final payment shall be due fifteen days after substantial completion of the work provided the work be then fully completed and the Contract fully performed. Upon receii~t of written notice that the work is ready for final inspection and acceptance, the ~rchitect S~al! promptly make such inspection, and when he finds the work acceptable under the Contract~and the Contract fully performed h~ shal! promptly issue a £inal certificate, over his own signature, stating that the work provided for in this Contract has been completed and is accepted by him under the terms and conditions thereof, and that the entire balancm found to be d~e the Contractor, and n~ed~.in said final certificate, is due and payable. Before issuance of final certificate the Contractor Shall submit evidence satisfactory to the Architect that all payrolls, material ~ bills, and other indebtedness connected With the work have been paid. If after the work has been substantially completed, full Completion thereof is materially delayed through no fault o£ the Contractor, and the Architect so certifies, the Owner shall, upon certificate of the Architect, and without termi- nating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Article 6. THE CONTRACT DOCU~NTS - The General conditions of the Contract, the Specifications and the Drawings, tege~her with this Agreement, form the Contract, and they are as f~lly a part of the Contract as if hereto attached or herein repeated. The following is an enumeration of the Spe- cifications and Drawings: General Conditions, A. I. A. Fourth Edition, ?ages 1 to l0 inclusive. Specifications, Pages 1 to 22 inclusive. Addenda to Specifications, ?age I to 2 inclusive. Drawings Nos. 101, 10~., 105, 104. IN WITNESS '~EP, EOF the parties hereto have executed this Agreement, the day and year first above written. TOWN 0F BOYNTON Witness for Witness for a dj o urns d. Nayor Town 01erk E. F. POWERS CONSTRUCTION CO. Vice-Pres There being no further business, the meeting Mayo r. Vic e-l~ayor. Town Clerk.