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R06-184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 18 Services on October 11, 2006, for the construction of the Wilson Park Community Center 19 and together with the City's design consultant, Kimley-Horn and Associates, staff is 20 recommending the award to West Construction, Inc., as the lowest, most responsive, 21 responsible bidder who met all specifications. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 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 26 adoption. 27 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. 30 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. 3 4 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 8 day of No vemklZ. , 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 27 28 29 30 31 32 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: C-l 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 C-2 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 C-3 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 C-4 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 C-5 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. C-6 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. C-7 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. C-8 Attest: State of Florida County of Palm Beach TON BEACH, FLORIDA Approved as to Form: .~ 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 (407) 3g&.()153 Roode Notary Service.com / ,'Ii j) k1~ Publ1 C-9 ~'t1\ ALl'.e ~O ~<' ~ 7 ~ ~ ~ to }g 4.y 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. ~ .~.... '. Bond No. 929412715 .0 PUBLIC CONSTRUCTION BOND I 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 ~ 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 ' , 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. /'~ -.-"," BY. ' . . .~..--,., 0 g . res e t . '" 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 .---~-_.._._.----_.--_.- Senior Buyer ~---,---_. City Clerk -----..-------------....---.--- -------------------- .------....-...---- 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 - ------------------- -----------.-------.---- .. en :;; " ~ "C ~ Notice To Proceed for the referenced project. .--------------_.-------~--- ------ ------------- -----------.- ------------------------ Please file accordingly. ______..u.. ____.__....__ ~ .. '" ---------~--------------_._-------------- ::> c '-' '-' .. '" _--------------..-----.----------~--- l!l @ ---_.__.,---,.~-- ------ ----~-----_.-.__..---_.__.---------- ~ DATE ! ~:6/~~--.,~NE:~A-A~;(~) 1 Th;:mk you --- --'--'-- -.------ --...------------------------- --- ,--- ----------..--...--------.--..--------------- -----.---------- REPLY ---.--------- ------ -----------'. - FOLD FOR NO.9 ---~-_._-_._--- - 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. -=