R08-047
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RESOLUTION NO. R08- oLl,
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING A
CONTRACT FOR BID #035-282l-08/CJD TO B&B
UNDERGROUND CONTRACTORS, INC., FOR PHASE
lA, RECLAIMED WATER SYSTEM, CONTRACT 1 IN
THE AMOUNT OF $895,460.00 PLUS A 10% OWNER'S
CONTINGENCY OF $89,546.00 FOR A TOT AL
APPROPRIA TION OF $985,006.00; AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACT
DOCUMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Contract 1 is the first phase of construction necessary to install a 24-inch
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diameter reuse water main that will extend from the existing reuse water main located at the
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intersection of Congress Avenue and Golf Road;
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WHEREAS, Bid #035-2821-08/CJD, Contract 1, is the construction of four (4) jack &
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bores, scheduled for completion in time to coordinate with Contract 2's reuse pipe installation;
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and
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WHEREAS, six (6) bids were received and opened by Procurement services on March
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20, 2008, which were reviewed and evaluated by the Utilities Department and Mathews
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Consulting, Inc.,
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WHEREAS, staff concurs with Mathews Consulting, Inc., and is recommending the
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~ward to B & B Underground Contractors, Inc., as the lowest, most responsive, responsible
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bidder who met all specifications and whose bid is in the best interest of the City.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption.
S:\CAIRESOlAgreementslBid AwardslAward of Bid - Reclaimed Water Phase lA (B&B).doc
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Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
2 approves the award of Bid #035-2821-08/CJD to B & B Underground Contractors, Inc., for
3 Phase lA, Reclaimed Water System, Contract 1.
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Section 3.
The City Manager is authorized to execute a contract in an amount not
5 to exceed $895,460.00 plus a 10% contingency of $89,546.00 for a total appropriation of
6 $985,006.00, a copy of said Contract is attached hereto and made a part hereof as Exhibit "A".
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Section 4.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this (5" day of April, 2008.
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Commissioner - Woodrow . a
'~.~/~;d;~.-~~
Commissioner - Marlene Ross
'm.~
Corporate Seal)
ICAIRESOlAgreements\Bid AwardslAward of Bid - Reclaimed Water Phase IA (B&B).doc
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BID TITLE: PHASE 1A. RECLAIMED WATER SYSTEM, CONTRACT A
BID NUMBER: 035-2821-08/CJD
PROJECT NUMBER: RED 001
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 15th day of April, 2008, by and between the CITY
OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or
"OWNER" and B & B UNDERGROUND CONTRACTORS, INC.
a Florida Corporation LX-.J Check One
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor ~
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:
PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the .1] day of MARCH, 2008 for the total bid amount of $895,460.00; and,
WHEREAS, On the 15th day of APRIL, 2008, the City Commission designated contractor
as having submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement; and,
WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial
Completion without interruption within 130 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:
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Utilities Department Rev. 01/24/06
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 Supplemental Conditions for Construction (SCC)
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
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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.
3.1.6. 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.
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3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
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 l30
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.
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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
as unfit.
6. BONUS FOR EARLY COMPLEL TION
6.1 The Scope of Work for Project Area 1, Project Area 2, and Project Area 3 must
achieve Final Completion no later than August 15, 2008.
6.2 A bonus of $1 ,000.00 per day may be earned by the Contractor for achieving Final
Completion of all work as stipulated in the contract documents, prior to August
15,2008.
6.3 The Contractor must perform all work during normal City hours as described in
Technical Specification 01300 - ADMINISTRATION REQUIREMENTS.
6.4 No extension of time or delays will be considered to determine the number of
eligible for a bonus day.
6.5 A maximum of 30 bonus days, ($30,000) may be earned as a bonus.
6.6 Payment for all or any part of the early completion bonus will be determined by
the Project Manager in accordance with the Contract Documents.
7. LIQUIDATED DAMAGES
7.1. The CONTRACTOR further agrees to pay $l,OOO.OO 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 130
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.
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7.2 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.
8. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
8.1. 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.
9. INDEMNIFICATION
9.1. 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.
9.2. 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
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.
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9.3 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 msurance
prOVISIon contained m the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
9.4 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.
lOA YMENT BY CITY
10.4 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.
II CHANGES IN THE WORK
11.4 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 DIRECTNES/CHANGE ORDERS.
11.5 All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
11.6 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.
12 PROJECT ENGINEER
12.4 The Project Engineer ("Engineer") is David Mathews, P.E. Mathews Consulting,
Inc., 1475 Centrepark Boulevard, Suite 250, West Palm Beach, FL 33401.
12.5 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
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authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
12.6 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.
12.7 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.
13 INSURANCE
13.4 The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
l4 CONTRACT CONTROLS (
14.4 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.
14.5 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
15 TIME OF ESSENCE
15.4 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 ofthe essence of the Contract.
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16 REMEDY FOR DELAY
16.4 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.
16.5 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.
CONTRACTOR hereby acknowledges that he has read and understands the above
provision.
INITIALS
16.6 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.
16.7 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.
16.8 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.
17 DISPUTES
17.4 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.
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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 CITY OF BO NTON BEACH, FLORIDA
in the presence of:
Attest:
Signed, sealed and witnessed CONTRACTOR
in the presence of: /1Iit
President or Vice President
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State of Florida FiLJe(o!4 )
) ss:
County of Palm Beach f),qt..lJ1 $G~"J )
On this. ?- ~ day of ~.pJ;/ ' 2~erSOnallY appeared before me, duly authorized
to admInIster oaths, CJA!e4L E:<; known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same. ~ Jn~ )1ilk
Notary Public
My Commission Expires: -::, ePOT &>/2LJ00 "a~"~.Y. ~~"'... LISA ANNE GI8l0
.. ~ or MY COMMISSION # DO 46064'
'" EXPIRES: September 30. 2C~
'^1rr;OFfLa~f>~ Bonded Thru Budget Notary Servic€:
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,
, ;i'
WESTFIELD INSURANCE COMPANY
ONE PARK CIRCLE
WESTFIELD CENTER, omo 44251
1 800 331 8208 BOND NO: 0050744
This is the front page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Contractor Name B&B UNDERGROUND CONTRACTORS, INC.
Address 6900 DWIGHT ROAD
WEST PALM BEACH, FL. 33411
Phone # 561682-3310
Owner Name CITY OF BOYNTON BEACH
Address 124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL. 33435
Phone # 561 742-6400
Contract Number 035-2821-08/CJD
Project Description PHASE lA, RECLAIMED WATER SYSTEM,
CONTRACT 1
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Bond No: 0050744
,PUBLIC CONSTRUCTION BOND
- BY THIS BOND, We B&B Underground Contractors, Inc. , as Principal
~d Westfield Insurance Company , a corporation, as Surety, are
bound to City of Bovnton Beach, herein called Owner, m the sum of
$ 895,460.00 , 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 Apr i 1 1 5, 2008 , between Principal and Owner
Contract A
for construction of Phase 1 A, Reclaimed Water System, 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 claim~ts, 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 all losses, damages, expenses, costs, and attorney's fees, including appellate
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 ~y
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 April 29, 2008
B&B Underground Contractors, Inc.
BY: J%,IltOfPrinCiPall
- Westfield Insurance Company'
Rev. 10/21/05 PCB-IBy:W:Aj
~ -....
.
~. .
POWER NO. 0992202 04
General I . C
Power Westfield nsurance o.
of Attorney Westfield National Insurance Co.
Ohio Farmers In$urance CO.
CERTIFIED COPY Westfield Center. Ohio
Knew All Men by There Pruencs, That WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCe COMPANY ROd OHIO
FARMERS IN5URANC;:E COMPANY, corporatlons, nerelnatter re/erred \0 tndlvidU~IIY as a 'Company' a00 collectively as 'Companles,. dUly
organized and existing under the laws 01 the State ot Ohio, end having its prindpal omce in Westfield Center, Medlnt! County, Ohio, do by these
pre.ents make, constlMe and appoinl '
THeODORE J. Jmuex, ROBERT H. BONO, JOINTLY OR SEVERALLY
of DAVIE and State of FL its true and lawful Altomey(sj-in.Fact, with tull power and autl10rity hereby ~onrerred in Its nllm.,
place 'and stead, to e)(eeute, acknowledge and deliver any and All bQo(;l:$, ntCO<Jl'Iizances, unOertalcings, Qr Qther instrurnonls Of CIllltraob of
surely$hlp- . . . . .. . .. - . . . . - . . - . - . . . . . . . . . . . ... . . - . . . . . . . . . . . . . - . - - . . -- . . ~ "
I.tMr~:ON: nlls fI~R OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, ,",ORTGAGE OEFlCfEHCY. MORTGAGE
G!JA 11:E, OR 8MK DEPOSITOR'V BONOS, .
and to bind any of ' the Companies Thereoy as rully and to me same extenl as if such bOnds were signed by the President, s08led with lhe~orporate
se.1 of me applicable Cof!lpllny and duly attested by Its Secretary, hereby rlltHyiold .8no connrmlng all that lI'le salO Atlcrney\sHn-Fllcl may do In
the proml.es.. Said ~polntment Is made under and by authority or the fOllowing resOlution adopted by the Board of Olrec:tor3 ot Mch or the
WES,TFIELD INSURANce. COMPANY, WESlT'FIELO NATIONAL IN~URANCE COMPANY and OHIO FARMERS INSURANCE COMflAH'f:
-B../C RUO/Vf(S,lhat the Pr~ident, IIny S~ior Execvtive, eny:5ecretary or an(Fidetlty.& Surety operations Executive or other E.x.eeutl'!'_ Ihall
be and Is hereby vested wlth fuU power IInd authority to appoint any Drle or more ,ullable persons as Anorney(sHn-F~ to repr~ent ~nEl aet tor
and on behalf of the Compllny subject to the following provisions:
Tho Artorne.y-lll-Fad. ,may be given Nil power and authorIty for and In the name of and on behalf of the Company, to ex.ecrute, acknowledge .nd
aellvor, :tny and all bonds, recognizances, contracts, agreements or Indemnity and othei' conditional or ObligllltOf"Y ul'ldertlkfngs and Iny and IU
notices aOd 00c1olll\elltS ~ncellng or termlnallng the Company's Iiatllllry thereunder, and any such Inlltrumonts 3.0 elCeC<llted by any I$UCh
Attorney-ln-j;acx snlil be II binding upon the Company as il signed by the Presldentllnd sealed llnd attested by the corporate SeGfetlry,~ '
~e~ (t Furtllor R03OIYed, .tha me slgnatl,!~ of any such designiKed ~on and tI1e seal of the Compllny he:etoter~, or hereafter Ittll<ed to Iny
po.wer 01 anomey or any cerUftCIKe, relating t'tIcrClCo by ta<::slmlle, IInd any POWef olattorney or cer\1fl~te b~nng /'KSlml~ .tgnltUf'es onacalmlle
seal snail be ~Ild and blndlng upon the Company with respecl to any DOnd or unc:lertakJng to wnlcn 11 Is IItUII::l1ed.- (ElIch adofltOQ at I meeting,
held on F~Ulry a, 2000).
. In WItnen Whereof, WeSTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS IHSURAt.'ICf
COMPANY fl..... C8UHd theN presents to be signed by their 5enic.r Executive and their corporate seals te PC nereto .mlWd this ZOth day of
MAY A.D., 2003,.
. .. "\\"ltlll ~fI
Col'porall ~~~, ,""~\O"""'t t..... ....,..~'~''!- WESTFIELD INSURANCE COMPA.NY
k~ .q.,...:;.~ .;:o..,~~...., . ...~-:c:..... ""~"'-""" ~~, WESTFiELD NATIONAL INSURANCE COMPANY
. 'j;J.,~ \' [J:" ...~,\. t~)~v.W..:::';~':\ .oHI.o FARMERS INSURANCE COMPANY ;r
~I S~Jt:Ij~ :;;;:. SEAL 'f,: =0.0;;:- _--cg.1::>>i ' ~
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State 01 Ohio-- .1'111'11"1"- '.....,,"'11' By..
County of Mealna' $S.: Richard L, Kinneird, Jr., Senior Encutive
On, thIs 20th Clay of MAY . A.O.,2QO;J, before me p~onlll\y clime Richard L. Kinnaird, Jr, 10 me known, who, being by me duly
sworn, .dld depose and say. that he resides In Medina, Ohio; thaI he Is Senior Executive of WESTFIELD INSURANCe COMPANY, WESTFIELD
NATIONAl.. INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed tne ltiove
Instrument; ttlat he knows the seals 01 saJd Companies; that the seals affixed 10 said inslrument lire such corporale suls; thet they were $0 .ml(ed
by order ot the BcarQs of OIrec:tol'3 of sa:ld Companies: and t1'lat he sl9l'led hIs name lt1ereto by like ord~. ~
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'.' . . . William J. Kahelin, A rney at L.a.w, Notllry Public
st... ., Ohl. ~ ' .' I.) My C~ml"i." """' NOI Expi" (Soo, 147.03 Ohi. ..- COd.)
county 01 Medina ~s.: ........).1 : . o~~.."
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I, Frank A.. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMER'S
INSUR~CE COMPANY, do hereby certify tnllt the Ilbove and for&9Qing is a true and correct copy of a power of Attorney, executeq By laid
Companies, ,whlcn Is stili In full terce IIna effect: and I\Jrlhermore, lhe re30lutlon3 01 tne Soaros 01 Dlrect.or" set out In the Powor of AttornGY .ro
In full force and .~
/11 wtmeu Wllere"f,.1 nave nereunto set my nand and lll'llxed the seals 01 utd Companies al Westfield Center, Ohio, this' 2' day of
Pt.' ~A.O" 200cr ,.".11."..... ~_..,. .
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WESTFIELD INSURANCE COMPANY
ONE PARK CIRCLE
WESTFIELD CENTER, omo 44251
1 800331 8208 BOND NO: 0050744
This is the front page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Contractor Name B&B UNDERGROUND CONTRACTORS, INC.
Address 6900 DWIGHT ROAD
WEST PALM BEACH, FL. 33411
Phone # 561682-3310
Owner Name CITY OF BOYNTON BEACH
Address 124 E. WOOLBRIGHT ROAD
BOYNTON BEACH, FL. 33435
Phone # 561 742-6400
Contract Number 035-2821-08/CJD
Project Description PHASE lA, RECLAIMED WATER SYSTEM,
CONTRACT 1
. ,. .
Bond No: 0050744
.
,PUBLIC CONSTRUCTION BOND
- -- BY THIS BOND, We B&B Underground Contractors, I nc. , as Principal
~d Westfield Insurance Company , a corporation, as Surety, are
bound to City of Bovnton Beach, herein called Owner, m the sum of
$ 895,460.00 , 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 April 15, 2008 , between Principal and Owner
Contract A
for construction of Phase 1 A, Reclaimed Water System, 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 claim~ts, 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 all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; ~d
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), F.lorida Statutes.
DATED ON April 29, 2008
B&B Underground Contractors, Inc.
~ of Principal)
BY:
an
-,-
PCB. 1 BY: .
Rev. 10/21/05
-..-
The City of Boynton Beach
PnlCII'e:11ItJIt Servius
100 E. Boynh). Bud B"ukwJrd
P.O. Box310
BoyntonBau:h, FImi4tJ 33425-0310
Teleplr""e: (561) 7~2-6!JJO
FAX: (561) 742-6316
NOTICE TO PROCEED
TO: B & B Underground Contracton, Ine. DATE: May 1, 2008
Stephen Decker, General Manager (561) 682-3310
6900 Dwight Road
West Palm Beacb, FL 33411
PROJECT: Phase lA, Reclaimed Water System, Contract 1
BID #: 03S-2821-08/CJJ>
Contractor shall commence WORK within ten (10) calendar days of the Commencement Date specified
below in accordance with the Agreement dated: ADri115. 2008. Contractor shall achieve Substantial
Completion without interruption within 130 calendar days thereafter.
Commencement Date: May 5, 2008
Substantial Completion Date: SepteIDberll,2008
Final Acceptance Date: October 11, 2008
The Owner's designated representative for all activities relating to this project will be:
Owner's Representative: Chris Roschek, P.E. Department: Utilities
Title: Engineering Division Manager Telephone: (561) 742-6413
Engineer: Mathews Consulting, Inc. Telephone: (561) 478-7961
Namemtle: Dave Mathews, P.E.
[~~~~
ACCEPTANCE OF NOTICE
neE TO PROCEED is hereby acknowledged by:
.....-,--.-.
Date: t:J~ ;!oO<ffJ
Ofl)~6~ ~(b~
Signature Title:
Original - B&B Underground Contractors, Inc.
xc: User Department Consultant
Central File Procurement
NTP-l