Loading...
R07-109 II - , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. R07- 109 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A CONTRACT FOR BID #060-2730-07/CJD TO WEST CONSTRUCTION, INC., OF LAKE WORTH FOR THE CONSTRUCTION IMPROVEMENTS AT JAYCEE PARK IN THE AMOUNT OF $849,685.86 PLUS A 10% CONTINGENCY OF $85,000.00 FOR A TOTAL APPROPRIATION OF $934,685.86; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, five (5) proposals were received and opened by Procurement 17 Services on July 11, 2007, for construction improvements at Jaycee Park and together with 18 the City's design consultant, The Wantman Group, staff is recommending the award to 19 West Construction, Inc., as the lowest, most responsive, responsible bidder who met all 20 specifications. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, 27 hereby approves the award of Bid #060-2730-07/CJD to West Construction, Inc., for 28 construction improvements at Jaycee Park. 29 Section 3. The City Manager is authorized to execute a contract in the amount 30 of $849,685.86 plus a 10% contingency of $85,000.00 for a total appropriation of S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Jaycee Park (West Const).doc fT $934,685.86, a copy of said Contract is attached hereto and made a part hereof as Exhibit 2 "A". 3 Section 4. That this Resolution shall become effective immediately. 4 PASSED AND ADOPTED this fe day of September, 2007. 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 33 34 35 36 CITY OF BOYNTON BEACH, FLORIDA ~~~~;f~ S:\CA\RESO\Agreements\Bid Awards\Award of Bid - Jaycee Park (West Const).doc R07- ,oq BID TITLE: CONSTRUCTION IMPROVEMENTS AT JAYCEE PARK BID NUMBER: 060-273 0-07 /CJD PROJECT NUMBER: CP0513 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 21ST day of AUGUST. 2007. 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 00 a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor ~ 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 IMPROVEMENTS AT JAYCEE PARK WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 11TH day of JULY. 2007. for the total bid amount of $849.685.86; and, WHEREAS, On the 21ST day of AUGUST. 2007, 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 180 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 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 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. 6uarantee 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 Constru~tion 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 180 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 $1.500.00 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 180 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 JODY RIVERS. PARKS SUPERINTENDENT. 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 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 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 C-7 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 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 LIMIT A TION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CON!~~CI9..R~ t"Jereby acknowledges that he has read and understands the above prOVIsion. rrltJJWf- 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 appointment of a mediator. C-8 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 in the presence of: Yn. City Clerk CITY OF BZ6Z BEACH, FLORIDA ~ City Manager Attest: Approved as to Form: ~ ~/. City Attorney Signed, sealed and witnessed i esence of: CONTRACTOR WEST CONSTRUCTION, INC. ~ J~!/4~' State of Florida ) ) sis: ~West Secretary County of Palm Beach ) My Commission Expires: _'" ___.._...._,.......-...n.._._ '_~ _._~._._..._....____........_~ ,\\ ;:OR/\ VECA J ' 'I' . -" '_~: ".;:)!ON J-"-,()[}4')S015 i ':~: Dee ;', iU09 ~'''i_:::'~ ~orTl - ,_. ".......,,~.-.,~--..- C-9 ~'\tl ALr~ ~O ~~ ~ 7 I-oj ~ ~ to ~ "y 23 ECANFUSKEE STREET SUITE 102 JUPITER, FLORIDA 33477 TELEPHONE (561) 776-9001 FACSIMILE (561) 427-6730 www.calinc.com Building Relationships Contract No.: CP0513 Surety Bond No.: 929420818 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: 407/919-2260 Owner Name: CITY OF BOYNTON BEACH Project Name: JAYCEE PARK IMPROVEMENTS Address: 100 EAST BOYNTON BEACH BLVD. BOYNTON BEACH, FL 33426 Project Location: 2600 SOUTH FEDERAL HWY BOYNTON BEACH, FL 33435 Phone Number: 561/742-6310 Contract Amount: EIGHT HUNDRED FOURTY NINE THOUSAND SIX HUNDRED EIGHTY FIVE AN D 86/1 00---------------------------------------__________________------------ ($849,685.86) Description of Work: CONSTRUCTION OF A FIVE (5) ACRE PARK 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. 929420818 PUBLIC CONSTRUCTION BOND BY THIS BOND, We West Construction7 Inc. , as Principal and Western Surety Company , a corporation, as Surety, are bound to City of Boynton B~ach, herein called Owner, m the sum of $ 8497685.86 , 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: 1. Performs the contract dated August 217 2007 , between Principal and Owner for construction of Jaycee Park - Improvements , 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 ~.~ losses, damages, expenses, costs, and attorney's fees, including appel.l.~te proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs 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 September 287 2007 West Construction7 Inc. _". a:re oY~jn~ BY: ]Jjp~. !}t(vt ;V~ Martha A. Morgan, Presiden., ) I Ii ( : '['" ~_ \. ,_ '. l.\.\.. \ -\ '. ". ~"_._----- (Name cf Surety) Western Surety Compuny D. Michael Stevens. Atton.lE:'y-In-Fact \ v "\"'._ '- PCB - 1 Rev. 07/30/03 EXHIBIT "A" Owner: City Of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33426 Project No. 060-2730-07/CJD Project: Project Address: Jaycee Park Improvements 2600 South Federal Highway Boynton Beach, FL 33435 PCN: 08-43-45-33-00-000-5220 PROJECT LEGAL DESCRIPTION: 33-34-45-43, S 348 FT OF N 1183.25 FT OF THE SE % L YG E OF & ADJ TO SR 5 R/W AND S 348 FT OF N 1183.25 FEET OF THE SW % , PALM BEACH COUNTY, FLORIDA Western Surety Company POWER OF ATTORNEY APPOINTING Th'DIVIDUAL ATTORNEY-IN-FACT. .,> KIl?W ~U Men By. These Pre~ents, That WESTERN SURETY COMPANY, a Sputh Dakota corp,oration, is a duly organized and existjnl? cOrporation having its principal office in the City of Sioux Falls, and State of South Dakota, au'd that it does by vi~e of the si~ature and seal herein ~ffixed hereby make, constitute and appoint ~Dou ALambert-Jr, D Michaei Stevens, Individually , ',. - - of Palrri Beach Gardens, FL, its true and lawful Attorney(s)ciil-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 ifsuch instruments were signed by a duly authorized officer ofthe 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 reverse hereof.' duly adopted, as indicated, by the shareholders of the corporation. Cn 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. /~RE~ ;~,('o~ fl,~..,O""f~\~ =wr~_.. .,.;) ~~~";?7 .... CfiI'iiD,,~~ -.....;;.;;...... WESTERN SURETY COMPANY State of South Dakota County of Minnehaha } ss ~~.t:";~V;~_dont On this 24th day ofQctober, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly swain, 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 instrumeflt; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was soamxe(fpursuamufu autfioiiiY given oy 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. My com~ission expires NovembedO,2012 +c,c.,~""..c,.c,,,,,c,"~""'w,,,,..r.,c,.,..,,-.. + : 0, KRELL : r r :~NOTARY PUBLIC~: r~SOUTH DAKOTA~r r so +~~~~~;~~;;;;~~;~;;;;;;;+ ~ ~',"bJ;O 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 ti.utp.er certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof r have hereunto subscribed ~~~~~-andillix~d-th~~;al ~-fthe said c~~oratioI: t~is 28th day of September 2007 ~,~l<:URrr~",~:" ...-+.......- ,,'.. ,~y: ,,0<7. -"':.'U 1~~~~~.:1~1 \<t"1-ifD~;(c'\.'''' ""r"!'r~"'~~ WESTERN SURETY COMPANY N 1:lrr/A ~J The City of Boynton Beach Procurement Sen7ces 100 E. Boynton Beach Botllevard PO. Box 310 Boynton Beach, Florida 33425-0310 TeJephoneNo: (561) 712'6310 F:4X (."i60 742-6.'176 NOTICE TO PROCEED TO: \-VEST CONSTRUCTION, INC. 318 SO. DIXIE HIGH\VAY, SUITE 4-5 LAKE WORTH, FL 33460 DATE: OCTOBER 10, 2007 PROJECT: CONSTRUCTIONIMPROVEMENTSATJAYCEEPARK Bid#060-2730-07/CJD Contractor shall commence WORK within ten (10) calendar days of the Commencement Date specified below in accordance with the Agreement dated: AUGUST 21. 2007. Contractor shall achieve Substantial Completion without interruption within 180 calendar days thereafter. , Commencement Date: Substantial Completion Date: Final Acceptance Date: October 11, 2007 April 7, 2008 November 11, 2008 The Owner's designated representative for all activities relating to this project will be: Contact Person: Title: Jody Rivers Parks Superintendent Department: Parks Telephone: (561) 742-6226 Engineer: Wantman Group~ Inc. - David Brobst Title: Engineer Telephone: 561-687-2220 inancial Services ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: I . MARTHA A. MORGAN ,~A, -'- PRESIDENT Date: / C / / / ()-; Print Name MARTHA A. MORGAN PRESIDENT Title: Signature: c: Parks Department Finance SPEED LETTER@ TO Janet Prainito FROM C~rol Doppler~.<::PPJ.L _~t-y<::lerk _ __ Procurement Services _ SUBJECT COIfSTRDCTIOBDlPlUlVF.MQfiS AT .JAYCIi!Il. PARK" 'RTnf 060-'73o-07/l'_ID --- FOlO NO.9 or 10 MESSAGE At!ached_is the_():riginal contrac::~J:-.9-.!"~he m~ntion~d._p_!"oject~ along wit~__ DATE 10/22/07 . __ SIGNED .~~, '\ E .E :;; .. a: '" '" '" @ E ~ ~ :;; .. .. Co '" ~ .. c '" ... ;;; '-' a copy_oL_th_e_Public Construction b.Qnd, Notic~=':ro-Proceedo Please file -----.--- ~c cor d iI!gJ..Jo_ Thank.y:o.u.......___ REPLY ~~~. -- FOlO FOR NO.9 REDlFORM "......-----------@ -- FOLD fOR NO. 10 MJ:o 44-9020 Triplicale 0 250 Sels 448-9020 Triplicate 0 50 Sets ~