R96-119RESOLUTION NO. R96-//~;'
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT BETVVEEN
THE CITY OF BOYNTON BEACH, FLORIDA AND
FROEHLING'S/PAPICO, PROVIDING FOR THE
CONSTRUCTION OF FOUR NEW LIGHTED
"HYDROCOURTS"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida upon
recommendation of staff deems it to be appropriate to award the bid in the above project
(Bid No. 026-721-96-VSMG) to Froehling's/Papico, for the construction of four new lighted
"Hydrocourts";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Contract between the City of Boynton Beach, Florida and Froehling's/Papico,
said Agreement being attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this /~ day of August, 1996.
ATTEST:
Cit~'Clerk
CITY OF BOYNTON BEACH, FLORIDA
{~ommissioner
Corn/missioner
(Corporate Seal)
RacquetCtr. ICon.
8/2/96
RESOLUTION NO. R94-
Bid No: ~026-721-96/VSMG
CONTRACT
THIS AGREEMENT, made and entered into this day of
A.D. 19 by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and FROEHLING'S / PAPICO
Florida Corporation (_X_)
a Florida general partnership
a Florida limited partnership
a sole proprietor (. )
Check one
hereinafter called "CONTRACTOR"
WITNESSETH
That under the due procedure of law, bids were heretofore
~received by the City Commission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, ~as determined that the bid
in the total amount of TWO HUNDRED AND FOURTEEN THOUSAND SIX
HUND~RD DO?,?,ARS AND 00/100, (214,600.00) submitted by the
aforementioned CONTRACTOR was the best and most desirable bid
submitted, and has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the
mutual conditions and covenants contained herein, the parties agree
as follows:
1.0 AGREEMENT
1.1 The CITY does award the contract to and does hire and
employ the CONTRACTOR and the CONTRACTOR does accept the award,
predicated upon the bid of the CONTRACTOR, dated JULY 11, 1996,
which is hereby incorporated by reference into this agreement, and
the CONTRACTOR does agree to furnish the necessary labor, tools,
equipment, materials and supplies, etc., and to perform all the
work provided in the bid, contract documents, bond documents, plans
and specifications for CONGRRSS AVENUE PARK - RACOUET CENTER AND
TENNIS COURTS, City of Boynton Beach, Florida, all of which are
incorporated herein by reference at such unit prices/or lump sum
prices as specified in CONTRACTOR'S bid totalling TWO HUNDRED AND
FOURTRRN THOUSAND, sr~ HUND~RO DOr.T.ARS AND 00/100 ($214,600.00).
Bid No%026-721-96/VSMG
CONTRACT
THIS AGREEMENT, made and entered into this
day of
, A.D. 19 , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and
FRO~LING'~ /PAPICO
Florida Corporation ( X )
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
Check .one
hereinafter called "CONTRACTOR".
WITNESSETH.
That under the due procedure of law, bids were heretofore
received by the City Commission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, has determined that the bid
in the total amount of ONE HUNDRED EIGHTY-SIX THOUSAND SIX HUNDP. ED
DOLLARS AND 00/100 ($186,600.00) submitted by the aforementioned
CONTRACTOR was the best and most desirable bid submitted, and has
authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the
mutual condi~iDns and covenants contained herein, the parties agree
as follows:~ '--
1.0 AGREEMENT
1.1 The CITY does award the contract to and does hire
and employ the CONTRACTOR and the CONTRACTOR does accept the award,
predicated upon the bid of the CONTRACTOR, dated JULY 11. 1996,
which is hereby incorporated by reference into this agreement, and
the CONTRACTOR does agree to furnish the necessary labor, tools,
equipment, materials and supplies, etc., and to perform all the
work provi~ in the bid, contract documents, bond documents, plans
and specifications for CONGRESS AVENUE PARK - RACOUET CENTRR AND
TENNIS ~TS City of Boynton Beach, Florida, all of which are
incorporated herein by reference at such unit prices/or lump sum
prices as specified in CONTRACTOR'S bid totalling ONE HUNDRED
EIGHTY-STX TROUS_aND STXHUND~ DOr,LaRS AND 00/100 (.186.600.00).
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to 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 conditions, supplemental general conditions and
special conditions of the contract,.plans which include all maps,
plats, blueprints, and other drawings and printed or written
explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 Ail the work and labor performed under this contract
shall be performed, and all of the material furnished shall be, in
strict conformity with said plans and specifications, and
contractor accepts and consents to the conditions contained in said
plans and specifications and expressly agrees to comply with every
requirement and stipulation therein contained to be performed by
the party contracting to do said work.
2.3 THE CONTRACTOR further agrees to 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 details for said work on file in the office
of the City Engineer of the CITY and strictly in accordance with
the specifications, general stipulations and plans which are hereby
referred to and made a part of this contract, as well as to the
satisfaction of the City Commission and the City Engineer of the
said CITY, and in strict obedience with the directions which may be
given by the said City Engineer or his authorized representative,
at and for the prices herein plainly set forth.
2.4 UDoh receipt of written notification from the CITY, to
correct any~defective or faulty work or materials which may appear
within one (1) year after completion of the contract and receipt of
final payment. Contractor shall make the necessary corrections
within ten .(10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 215.19, Florida
Statutes, if applicable.
2.6 To DaY promptly, before final settlement, any and all
claims or Iiens incurred in and about this work. Furnish release
of liens f~x~s from all subcontractors and suppliers of materials.
Forms to be specified by CITY.
2.7 The CONTRACTOR shall 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 Dr~tly as such section or portion is completed and ready
for use, leaving the same in a neat and presentable condition.
Payment of monthly or partial estimates may be withheld until this
has been done to the satisfaction of the City Engineer. Final
acceptance and payment for the entire project will not be made
until the site is satisfactory to the CITY.
2.8 The CONTRACTOR shall at all times observe and comply with
the provisions of the charter, ordinances, codes and regulations of
the City of Boynton Beach, Florida.
2.9 Upon completion of the work, the City Engineer shall
satisfy him-self, by examination and test, that the work has been
fully completed in accordance with the plans, specifications and
contract documents. When the City Engineer is so satisfied, he
shall recommend acceptance thereof to the City Manager, who shall,
if he agrees with such recommendation, present the final payment
application to City Commission for review and vote to formally
accept the project. The right of general supervision of the CITY as
hereinafter provided under "authority of the engineer" shall not
make the CONTRACTOR an agent or employee of the CITY, but the
CONTRACTOR shall at all times, and in all respects have the-rights
and liabilities of an independent contractor.
2.10 After the cleaning up of the work, premises, streets,
alleys, manholes, catch basins, or other areas of structures in
anyway connected with the performance of the contract, the work as
a whole shall be inspected by the City Engineer, and any
workmanshi~ ~materials found not meeting the requirements of the
specifications hall be removed by or at the expense of the
contractor and good and satisfactory workmanship or material
substituted therefor. All settlement, defects or damage upon any
part of the work shall be remedied and made good by the contractor.
2.11 The CONTRACTOR will be held responsible for the care,
protection and condition of all work until fiRal completion and
acceptance thereof, and will be required to ~make good at his own
cost any damage or injury occurring from any cause.
3.0 CO~~NTOFWORK
3.1 Contractor hereby agrees to commence work under this
contract on or before a date to be specified in the written "Notice
to Proceed" of the CITY and to fully complete the project within
120 calendar days following the commencement date as specified in
same.
3
3.2 Time is the essence of the contract. In the event the
CONTRACTOR shall 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 provisions hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and
not as a penalty, in the amount stipulated therefore in the special
conditions or in other contract documents for each and every
calendar day that the CONTRACTOR shall be in default of completion.
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.
3.3 CONTRACTOR shall, as soon as practicable, after signature
of contract, notify City Engineer in writing of names of
subcontractors proposed for principal parts of work, and for such
others as City Engineer may direct, and shall not employ any that
architect may, within a reasonable time, object to as incompetent
or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay *250.00 per day as
liquidated damages, for failure to begin within ten (10) days of
"Notice to Proceed" or failure to complete the work within 120
calendar days from the commencement date to be indicated in the
written "Notice to Proceed".
5.0 PKOTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection
and continuous, use of all existing sewers, conduits, drains, pipes,
buildings, walks, bridges, and other construction encountered, and
the prompt repairing of any damage done to them during the progress
of the work, or from insufficient support thereafter; also, all
filling, backfilling, tamping, ramming, puddling and consolidating;
the removal and disposal of all rubbish, and surplus material; also
all pumping, bailing, draining, or unwatering of all excavations,
incidental to the execution of the work; also the furnishing of all
necessary labor, tools, equipment, materials and-supplies, etc. and
the performance of the whole work mentioned in the detailed plans
and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the
suspension or discontinuance of the said work specified and a
faithful compliance with each and every one of the requirements of
the contract and for the maintenance of the entire work and
construction in good condition and repair until final acceptance.
5.2 The CONTRACTOR shall assume full responsibility and
expense for the protection of all public and private property,
structures, water mains, sewers, utilities, etc., both above and
below ground, at or near the site or sites of the work being
performed under the contract, or which are in any manner affected
by the prosecution of the work or the transportation of men and
materials in connection therewith. The CONTRACTOR shall give
reasonable written notice in advance to the department of the CITY
having charge of any property or utilities owned by the CITY and to
other owner or owners of public or private property or utilities
when they will be affected by the work to be performed under the
contract, and shall make all necessary arrangements with such
department, departments, owner or owners for the removal and
replacement or protection of such property or utilities.
6.0 INDEMNIFICATION
6.'1 The CONTRACTOR shall indemnify and save harmless and
defend the CITY, its agents, servants, and employees from and
against any claim, demand, 9r 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. .
6.2 Contractor shall indemnify and save harmless and defend
City, its agents, servants, and employees from and against any and
all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, .damages, costs, expenses, and fees
(including without limitation reasonable attorney's and appellate
attorney's fees) 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 ar-ising from this contract or its performance. The
contractor and the City hereby agree and covenant that the
Contractor has incorporated in its original bid, which constitutes
the contract sum payable by the City to the Contractor, specific
additional consideration sufficient to support this obligation of
indemnification provided for in this paragraph. It is the City's
and Contractor's full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida
Statute 725.06.
6.3 The execution of this Agreement by the Contractor shall
obligate CO~tractor to comply with the foregoing indemnification
provision, as well as the insurance provisions which are set forth
in Article A herein. However, the indemnification provision,
and the insurance provision contained in this Contract are not
interdependent of each other, each one is separate and distinct
from the other.
5
6.4 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.
7.0 PAYMenT BY CITY
7.1 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 specifications.
8.0
CHANGES IN THE WORK
8.1 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.
8.2 Ail change orders and adjustments shall be in writing and
approved by the City Manager or City Commission if required,
otherwise, no claim for extras will be allowed.
8.3 The General Contractor and 'all of his subcontractors shall
be apprised of, and familiar with, the following conditions and
procedures governing extra work under the Contract:
8.3.1
Any change order has to be recommended by the
City Manager and officially approved by the
City Commission before any steps are taken to
implement the change order.
8.~2
Should the Contractor or any of his
subcontractors commence with his work without
making a claim in writing for unforeseen extra
work he encounters, it will be construed as an
acceptance and agreement by him that any such
work is required under the contract and no
future claim for such extras will be considered
or allowed by the CITY.
8.3.3
No claim for extra work will be allowed unless
and until authority for same by written Change
Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if
necessary, which authorization will be signed
by the Mayor.
8.3.4
Changes in the work directed in writing by the
CITY's Representative under the following
procedures shall become a part of the Contract
by a written Change Order.
8.4
8.3.5
Information regarding changes in the work
involving claims to the CITY for additional
work, credits, and/or adjustments under the
Contract shall be promptly transmitted in
writing by the General Contractor to the CITY's
Representative with full explanations and
justifications for his consideration in
preparing a Change Order to the Contract.
The value of any change ordered under the Contract for
extra work and/or any reductions in work required, shall
be determined under one or more of the following
procedures before a written Change Order is issued:
8.4.1
By such applicable unit prices, if any, as are
set forth in the Contract except in those cases
where increases in .quantities exceed fifteen
(15) percent of the original bid quantity and
the total dollar change of that bid item is
significant in the opinion of the Engineer the
unit price shall be subject to review to
determine if a new unit price should be
negotiated; or
8.4.2
If no such unit prices are set forth, then by a
lump sum or-other unit prices mutually a~reed
upon by the CITY and the Contractor; or,
8.4.3
By cost reimbursement which is the actual cost
for labor, direct overhead, materials,
sUPplies, equipment and other services
necessary to complete the work plus fifteen
(15) percent to cover the cost of general
overhead and profit. For all labor and foreman
in direct charge of the authorized operations,
the Contractor shall receive the current local
rate of wages to be agreed upon in writing
before starting such work, for each hour said
labor and foreman are actually engaged thereon.
An upper limit of total cost and of profit
shall be agreed upon and shall not be exceeded
unless approved by the CITY.
8.4.3.1
The Contractor shall submit sufficient
cost and pricing data to enable the
Engineer to determine the necessity and
reasonableness of costs and amounts
proposed and the allow ability and
eligibility of costs proposes.
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
"8.4.3.6
8.4.3.7
The Contractor shall have an accounting
system which accounts for such costs in
accordance with generally accepted
accounting principles. This system shall
provide for the identification,
accumulation and segregation of allowable
and unallowable Change Order costs.
Where it is indicated that the Contract is
federally or State assisted, the
Contractor's attention is directed to the
applicable rules and regulations relative
to cost principles which must be used for
the determination and allowability of
costs under grant.
In no case shall.fringe benefit costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
In no case shall the Contractor and
Subcontractors' general overhead and
profit in the aggregate exceed fifteen
(15) percent of the total cost of direct
labor, fringe benefits, direct overhead,
materials, supplies, equipment, and
directly related services supplied by him.
Among the items considered as general
overhead are bonds, insurance,incidental
job burdens, supervision and general
office expenses.
In no case shall the Contractor's cost for
administering subcontracts exceed five (5)
percent of the subcontractor's cost not
including subcontractors' profit.
For special equipment and machinery such
as power driven pumps, concrete mixers,
trucks, and tractors, or other equipment,
required for the economical.performance of
the authorized work, the Contractor shall
receive payment based on the agreed rental
price for each item of equipment and the
actual time of its use on the work
provided that the rental price shall not
exceed the current rates published by the
Equipment Guide Book Company in the Blue
Book, "Rental Rates for Construction
Equipment". Rate shall be daily, weekly
or monthly as appropriate.
8.~.3.8
Records of extra work done shall be
reviewed at the end of each day by the
Contractor and the Engineer. Such daily
records shall clearly distinguish between
the work done under the contract and that
done under the Change Order. Duplicate
copies of accepted daily records shall be
made, signed by the Contractor and the
Engineer and one copy retained by each.
8.5 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 the same was
ordered, in writing, as aforesaid and the claim presented at
the time of the first estimate after the work is completed.
9.0 PROJECT ENGINEER
9.1
9.2
The project engineer shall be:
W~LL~CE. ROBEKTS & TODD
The Engineer shall have general supervision and direction
of the work. He is the agent of 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 written
authority. He has authority to stop the work whenever
such_stoppage may be necessary to insure the p r o p e r
execution of the contract.
9.3
As the 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 power under the
contract to enforce its faithful performance by both.
10.0 INS131~%NC!
10'.1 The CONTRACTOR shall maintain during the term of this
contract ~ercial liability, motor vehicle, and property damage
insurance, acceptable to the CITY, covering the work contracted and
all operations in connection herewith, and whenever any of the work
covered in the contract is to be sublet, CONTRACTOR'S contingent or
protective liability and property ~amage insurance. Such insurance
shall provide limits not less than those set forth on the insurance
requirement schedule attached as Exhibit "A".
10.2 Required insurance shall be documented in a certificate of
insurance which provides that the CITY of Boynton Beach shall be
notified at least fifteen (15) days in advance of cancellation,
nonrenew&l or adverse change. Contractor agrees to furnish
policies i£ Certificate of Insurance is not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to
prevent the generation of loud, unnecessary noise in conjunction
with his operations at the work site. Internal combustion engines
used on construction equipment shall be equipped with mufflers, as
required by the Code of the City of Boynton Beach, and the
CONTRACTOR shall comply with all other requirements of this Code as
they pertain to prevention of noise. No pile driver, excavating or
other construction equipment, pneumatic hammer, derrick, the use of
which is attended by loud or unusual noise, shall be operated
between the hours of 6:00 p.m. and 7:00 a.m., except by written
permission of the City Manager, and then only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 Ail the work shall be guaranteed to remain in good
condition for one year from date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned
by the CONTRACTOR other than provided for herein; if the CONTRACTOR
should be adjudged as bankrupt; if a general assignment of his
assets be made for the benefit of his creditors; if a receiver
should be appointed for the CONTRACTOR or any of his property, if
at any time the Engineer shall certify in writing to the City
Manager that the performance of the work under the contract is
being unnecessarily delayed or that the CONTRACTOR is willfully
violating any of the conditions, provisions, or covenants of the
contract, plans or specifications, or that he is executing the same
in bad faith or otherwise not in accordance with the terms of the
contract; if the work be not fully completed within the time named
for its coz~letion or within the time to which such completion date
may be extended; or if other just causes exist, then the City
Manager may serve ten (10) days' written notice.upon the CONTRACTOR
of the intent to terminate the contract for-the CITY and if the
contractor shall not, prior to the effective date of termination
set forth in such notice, take such measures as will, in the
judgement o£ ~he City Manager, insure the satisfactory performance
of the work, the City Commission and the City Manager may declare
the contract terminated on the effective date specified in such
notice, or any date subsequent thereto. In the event of such
termination, the City Manager shall notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and
stop work and cease to have any right to the possession of the
ground and shall forfeit his contract.
10
Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY'S action and the Surety shall
within ten (10) days of receipt of said notice remedy the default
or the surety shall as expeditiously as possible:
12.1.1 Complete the contract in accordance with its terms and
conditions, or
12.1.2 Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon determination by
Surety and the CITY of the lowest responsible bidder, make
available as work progresses (even though there should be a default
or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract price; but
not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price", as
used in this paragraph, shall mean the total amount payable by CITY
to CONTRACTOR under the Contract and a.ny amendments, thereto, less
the amount properly paid by CITY to CONTRACTOR.
13.0
CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR
shall supersede any and all documents executed between the parties
relative to the project. In the event of any inconsistencies the
terms, provisions and conditions set forth in the subject contract
shall supersede all other documents and shall be controlling.
14 · 0
TIM~OF ESSENCE
14.11~aS~uch as the provisions hereof, and of the plans and
specifications herein, and of all the other 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.
15.0
REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by
any act o~ omission of the City, its agents or employees, the sole
remedy available to Contractor shall be by extension of the time
allocate(~ to complete the project. 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.
11
15.2 Failure on the Dart 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.
15.3 All requests for extension of time to complete the
work shall be made in accordance with the General and Special
Conditions.
15.4 For the purpose of this section the phrase "the City,
its agents and employees" shall include but shall not be limited to
the architect, project manager, and consulting engineers.
IN WITNESS WHEREOF, the CITY has caused these presents to ~ _~.~
signed by its Mayor, attested by the City Clerk with the Corporat~
Seal of the said CITY and the CONTRACTOR has executed these
presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
Attest:
~ City Clerk- ~
Approved as to Form~
12
Signed, sealed and witnessed
CONTRACTOR
in the presence of:
President or vice President
Attest as to Contractor
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
Personally appeared before me duly authorized to administer oaths
to me known to be the persons described herein and who executed the
foregoing instrument and have acknowledged before me and they have
executed same.
Notary Public
My Commission ExDires:
13
04-1/7
Bid No: #026- 721 - 96 /VSMG
CONTRACT
THIS AGREEMENT, made and entered into this 4g day of
C� ✓NQER , A.D. 1996 , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and FROEHLING'S / PAPICO
Florida Corporation (_X Check one
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
hereinafter called "CONTRACTOR ".
WITNESSETH
That under the due procedure of law, bids were heretofore
received by the City Commission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, has determined that the bid
in the total amount of TWO HUNDRED AND FOURTEEN THOUSAND SIX
HUNDRED DOLLARS AND 00/100, (214,600.00) submitted by the
aforementioned CONTRACTOR was the best and most desirable bid
submitted, and has authorized the execution of this contract.
NOW, THEREFORE, in consideration of these premises and the
mutual conditions and covenants contained herein, the parties agree
as follows:
1.0 AGREEMENT
1.1 The CITY does award the contract to and does hire and
employ the CONTRACTOR and the CONTRACTOR does accept the award,
predicated upon the bid of the CONTRACTOR, dated JULY 11, 1996,
which is hereby incorporated by reference into this agreement, and
the CONTRACTOR does agree to furnish the necessary labor, tools,
equipment, materials and supplies, etc., and to perform all the
work provided in the bid, contract documents, bond documents, plans
and specifications for CONGRESS AVENUE PARK - RACOUET CENTER AND
TENNIS COURTS, City of Boynton Beach, Florida, all of which are
incorporated herein by reference at such unit prices /or lump sum
prices as specified in CONTRACTOR'S bid totalling TWO HUNDRED AND
FOURTEEN THOUSAND, SIX HUNDRED DOLLARS AND 00/100 ($214,600.00).
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to 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 conditions, supplemental general conditions and
special conditions of the contract, plans which include all maps,
plats, blueprints, and other drawings and printed or written
explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 All the work and labor performed under this contract
shall be performed, and all of the material furnished shall be, in
strict conformity with said plans and specifications, and
contractor accepts and consents to the conditions contained in said
plans and specifications and expressly agrees to comply with every
requirement and stipulation therein contained to be performed by
the party contracting to do said work.
2.3 THE CONTRACTOR further agrees to 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 details for said work on file in the office
of the City Engineer of the CITY and strictly in accordance with
the specifications, general stipulations and plans which are hereby
referred to and made a part of this contract, as well as to the
satisfaction of the City Commission and the City Engineer of the
said CITY, and in strict obedience with the directions which may be
given by the said City Engineer or his authorized representative,
at and for the prices herein plainly set forth.
2.4 Upon receipt of written notification from the CITY, to
correct any defective or faulty work or materials which may appear
within one (1) year after completion of the contract and receipt of
final payment. Contractor shall make the necessary corrections
within ten (10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 215.19, Florida
Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all
claims or liens incurred in and about this work. Furnish release
of liens forms from all subcontractors and suppliers of materials.
Forms to be specified by CITY.
2
2.7 The CONTRACTOR shall 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.
Payment of monthly or partial estimates may be withheld until this
has been done to the satisfaction of the City Engineer. Final
acceptance and payment for the entire project will not be made
until the site is satisfactory to the CITY.
2.8 The CONTRACTOR shall at all times observe and comply with
the provisions of the charter, ordinances, codes and regulations of
the City of Boynton Beach, Florida.
2.9 Upon completion of the work, the City Engineer shall
satisfy him -self, by examination and test, that the work has been
fully completed in accordance with the plans, specifications and
contract documents. When the City Engineer is so satisfied, he
shall recommend acceptance thereof to the City Manager, who shall,
if he agrees with such recommendation, present the final payment
application to City Commission for review and vote to formally
accept the project. The right of general supervision of the CITY as
hereinafter provided under "authority of the engineer" shall not
make the CONTRACTOR an agent or employee of the CITY, but the
CONTRACTOR shall at all times, and in all respects have the rights
and liabilities of an independent contractor.
2.10 After the cleaning up of the work, premises, streets,
alleys, manholes, catch basins, or other areas of structures in
anyway connected with the performance of the contract, the work as
a whole shall be inspected by the City Engineer, and any
workmanship or materials found not meeting the requirements of the
specifications hall be removed by or at the expense of the
contractor and good and satisfactory workmanship or material
substituted therefor. All settlement, defects or damage upon any
part of the work shall be remedied and made good by the contractor.
2.11 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.
3.0 COM I3NT OF WORK
3.1 Contractor hereby agrees to commence work under this
contract on or before a date to be specified in the written "Notice
to Proceed" of the CITY and to fully complete the project within
120 calendar days following the commencement date as specified in
same.
3
3.2 Time is the essence of the contract. In the event the
CONTRACTOR shall 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 provisions hereinbefore set forth, the
CONTRACTOR shall be liable to the CITY, as liquidated damages and
not as a penalty, in the amount stipulated therefore in the special
conditions or in other contract documents for each and every
calendar day that the CONTRACTOR shall be in default of completion.
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.
3.3 CONTRACTOR shall, as soon as practicable, after signature
of contract, notify City Engineer in writing of names of
subcontractors proposed for principal parts of work, and for such
others as City Engineer may direct, and shall not employ any that
architect may, within a reasonable time, object to as incompetent
or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay 3 250.00 per day as
liquidated damages, for failure to begin within ten (10) days of
"Notice to Proceed" or failure to complete the work within ;20
calendar days from the commencement date to be indicated in the
written "Notice to Proceed ".
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection
and continuous use of all existing sewers, conduits, drains, pipes,
buildings, walks, bridges, and other construction encountered, and
the prompt repairing of any damage done to them during the progress
of the work, or from insufficient support thereafter; also, all
filling, backfilling, tamping, ramming, puddling and consolidating;
the removal and disposal of all rubbish and surplus material; also
all pumping, bailing, draining, or unwatering of all excavations,
incidental to the execution of the work; also the furnishing of all
necessary labor, tools, equipment, materials and supplies, etc. and
the performance of the whole work mentioned in the detailed plans
and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the
suspension or discontinuance of the said work specified and a
faithful compliance with each and every one of the requirements of
the contract and for the maintenance of the entire work and
construction in good condition and repair until final acceptance.
4
5.2 The CONTRACTOR shall assume full responsibility and
expense for the protection of all public and private property,
structures, water mains, sewers, utilities, etc., both above and
below ground, at or near the site or sites of the work being
performed under the contract, or which are in any manner affected
by the prosecution of the work or the transportation of men and
materials in connection therewith. The CONTRACTOR shall give
reasonable written notice in advance to the department of the CITY
having charge of any property or utilities owned by the CITY and to
other owner or owners of public or private property or utilities
when they will be affected by the work to be performed under the
contract, and shall make all necessary arrangements with such
department, departments, owner or owners for the removal and
replacement or protection of such property or utilities.
6.0 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and
defend the CITY, its agents, servants, and employees from and
against any claim, demand, qr 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.
6.2 Contractor shall indemnify and save harmless and defend
City, its agents, servants, and employees from and against any and
all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, damages, costs, expenses, and fees
(including without limitation reasonable attorney's and appellate
attorney's fees) 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 its original bid, which constitutes
the contract sum payable by the City to the Contractor, specific
additional consideration sufficient to support this obligation of
indemnification provided for in this paragraph. It is the City's
and Contractor's full intention that this provision shall be
enforceable and said provision shall be in compliance with Florida
Statute 725.06.
6.3 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 Article A herein. However, the indemnification provision,
and the insurance provision contained in this Contract are not
interdependent of each other, each one is separate and distinct
from the other.
5
6.4 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.
7.0 PAYMENT BY CITY
7.1 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 specifications.
8.0 CHANGES IN THE WORK
8.1 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.
8.2 All change orders and adjustments shall be in writing and
approved by the City Manager or City Commission if required,
otherwise, no claim for extras will be allowed.
8.3 The General Contractor and all of his subcontractors shall
be apprised of, and familiar with, the following conditions and
procedures governing extra work under the Contract:
8.3.1 Any change order has to be recommended by the
City Manager and officially approved by the
City Commission before any steps are taken to
implement the change order.
8.3.2 Should the Contractor or any of his
subcontractors commence with his work without
making a claim in writing for unforeseen extra
work he encounters, it will be construed as an
acceptance and agreement by him that any such
work is required under the contract and no
future claim for such extras will be considered
or allowed by the CITY.
8.3.3 No claim for extra work will be allowed unless
and until authority for same by written Change
Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if
necessary, which authorization will be signed
by the Mayor.
8.3.4 Changes in the work directed in writing by the
CITY's Representative under the following
procedures shall become a part of the Contract
by a written Change Order.
6
8.3.5 Information regarding changes in the work
involving claims to the CITY for additional
work, credits, and /or adjustments under the
Contract shall be promptly transmitted in
writing by the General Contractor to the CITY's
Representative with full explanations and
justifications for his consideration in
preparing a Change Order to the Contract.
8.4 The value of any change ordered under the Contract for
extra work and /or any reductions in work required, shall
be determined under one or more of the following
procedures before a written Change Order is issued:
8.4.1 By such applicable unit prices, if any, as are
set forth in the Contract except in those cases
where increases in quantities exceed fifteen
(15) percent of the original bid quantity and
the total dollar change of that bid item is
significant in the opinion of the Engineer the
unit price shall be subject to review to
determine if a new unit price should be
negotiated; or
8.4.2 If no such unit prices are set forth, then by a
lump sum or other unit prices mutually agreed
upon by the CITY and the Contractor; or,
8.4.3 By cost reimbursement which is the actual cost
for labor, direct overhead, materials,
supplies, equipment and other services
necessary to complete the work plus fifteen
(15) percent to cover the cost of general
overhead and profit. For all labor and foreman
in direct charge of the authorized operations,
the Contractor shall receive the current local
rate of wages to be agreed upon in writing
before starting such work, for each hour said
labor and foreman are actually engaged thereon.
An upper limit of total cost and of profit
shall be agreed upon and shall not be exceeded
unless approved by the CITY.
8.4.3.1 The Contractor shall submit sufficient
cost and pricing data to enable the
Engineer to determine the necessity and
reasonableness of costs and amounts
proposed and the allow ability and
eligibility of costs proposes.
7
8.4.3.2 The Contractor shall have an accounting
system which accounts for such costs in
accordance with generally accepted
accounting principles. This system shall
provide for the identification,
accumulation and segregation of allowable
and unallowable Change Order costs.
8.4.3.3 Where it is indicated that the Contract is
federally or State assisted, the
Contractor's attention is directed to the
applicable rules and regulations relative
to cost principles which must be used for
the determination and allowability of
costs under grant.
8.4.3.4 In no case shall fringe benefit costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
8.4.3.5 In no case shall the Contractor and
Subcontractors' general overhead and
profit in the aggregate exceed fifteen
(15) percent of the total cost of direct
labor, fringe benefits, direct overhead,
materials, supplies, equipment and
directly related services supplied by him.
Among the items considered as general
overhead are bonds, insurance,incidental
job burdens, supervision and general
office expenses.
8.4.3.6 In no case shall the Contractor's cost for
administering subcontracts exceed five (5)
percent of the subcontractor's cost not
including subcontractors' profit.
8.4.3.7 For special equipment and machinery such
as power driven pumps, concrete mixers,
trucks, and tractors, or other equipment,
required for the economical performance of
the authorized work, the Contractor shall
receive payment based on the agreed rental
price for each item of equipment and the
actual time of its use on the work
provided that the rental price shall not
exceed the current rates published by the
Equipment Guide Book Company in the Blue
Book, "Rental Rates for Construction
Equipment ". Rate shall be daily, weekly
or monthly as appropriate.
8
8.4.3.8 Records of extra work done shall be
reviewed at the end of each day by the
Contractor and the Engineer. Such daily
records shall clearly distinguish between
the work done under the contract and that
done under the Change Order. Duplicate
copies of accepted daily records shall be
made, signed by the Contractor and the
Engineer and one copy retained by each.
8.5 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 the same was
ordered, in writing, as aforesaid and the claim presented at
the time of the first estimate after the work is completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be:
WALLACE. ROBERTS & TODD
9.2 The Engineer shall have general supervision and direction
of the work. He is the agent of 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 written
authority. He has authority to stop the work whenever
such stoppage may be necessary to insure the p r o p e r
execution of the contract.
9.3 As the 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 power under the
contract to enforce its faithful performance by both.
10.0 INSURANCE
10.1 The CONTRACTOR shall maintain during the term of this
contract commercial liability, motor vehicle, and property damage
insurance, acceptable to the CITY, covering the work contracted and
all operations in connection herewith, and whenever any of the work
covered in the contract is to be sublet, CONTRACTOR'S contingent or
protective liability and property damage insurance. Such insurance
shall provide limits not less than those set forth on the insurance
requirement schedule attached as Exhibit "A ".
9
10.2 Required insurance shall be documented in a certificate of
insurance which provides that the CITY of Boynton Beach shall be
notified at least fifteen (15) days in advance of cancellation,
nonrenewal or adverse change. Contractor agrees to furnish
policies if Certificate of Insurance is not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to
prevent the generation of loud, unnecessary noise in conjunction
with his operations at the work site. Internal combustion engines
used on construction equipment shall be equipped with mufflers, as
required by the Code of the City of Boynton Beach, and the
CONTRACTOR shall comply with all other requirements of this Code as
they pertain to prevention of noise. No pile driver, excavating or
other construction equipment, pneumatic hammer, derrick, the use of
which is attended by loud or unusual noise, shall be operated
between the hours of 6:00 p.m. and 7:00 a.m., except by written
permission of the City Manager, and then only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good
condition for one year from date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned
by the CONTRACTOR other than provided for herein; if the CONTRACTOR
should be adjudged as bankrupt; if a general assignment of his
assets be made for the benefit of his creditors; if a receiver
should be appointed for the CONTRACTOR or any of his property, if
at any time the Engineer shall certify in writing to the City
Manager that the performance of the work under the contract is
being unnecessarily delayed or that the CONTRACTOR is willfully
violating any of the conditions, provisions, or covenants of the
contract, plans or specifications, or that he is executing the same
in bad faith or otherwise not in accordance with the terms of the
contract; if the work be not fully completed within the time named
for its completion or within the time to which such completion date
may be extended; or if other just causes exist, then the City
Manager may serve ten (10) days' written notice upon the CONTRACTOR
of the intent to terminate the contract for the CITY and if the
contractor shall not, prior to the effective date of termination
set forth in such notice, take such measures as will, in the
judgement of the City Manager, insure the satisfactory performance
of the work, the City Commission and the City Manager may declare
the contract terminated on the effective date specified in such
notice, or any date subsequent thereto. In the event of such
termination, the City Manager shall notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and
stop work and cease to have any right to the possession of the
ground and shall forfeit his contract.
10
Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY'S action and the Surety shall
within ten (10) days of receipt of said notice remedy the default
or the surety shall as expeditiously as possible:
12.1.1 Complete the contract in accordance with its terms and
conditions, or
12.1.2 Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon determination by
Surety and the CITY of the lowest responsible bidder, make
available as work progresses (even though there should be a default
or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay
the cost of completion less the balance of the contract price; but
not exceeding, including other costs and damages for which the
Surety may be liable hereunder, the amount set forth in the first
paragraph hereof. The term "balance of the contract price ", as
used in this paragraph, shall mean the total amount payable by CITY
to CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR
shall supersede any and all documents executed between the parties
relative to the project. In the event of any inconsistencies the
terms, provisions and conditions set forth in the subject contract
shall supersede all other documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1 Inasmuch as the provisions hereof, and of the plans and
specifications herein, and of all the other 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.
15.0 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, the sole
remedy available to Contractor shall be by extension of the time
allocated to complete the project. 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.
11
15.2 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.
15.3 All requests for extension of time to complete the
work shall be made in accordance with the General and Special
Conditions.
15.4 For the purpose of this section the phrase "the City,
its agents and employees" shall include but shall not be limited to
the architect, project manager, and consulting engineers.
IN WITNESS WHEREOF, the CITY has caused these presents to :, ° k .
signed by its Mayor, attested by the City Clerk with the Corporate
Seal of the said CITY and the CONTRACTOR has executed these
presents the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
114 a ya n4 y . 4 Z/ k i\-----
Mayo
Attest: Approved as to Form
(Aa4-Q1/j/Att-e-: -
City Clerk Cityorney
12
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Signed, sealed and witnessed CONTRACTOR
in the presence, of :
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President • 4► - •-
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•ttes as to C•r ractor
STATE OF FLORIDA
SS:
COUNTY OF PALM BEACH )
Personally appeared before me duly authorized to administer oaths
P -
to me known to be the persons described herein and who executed the
foregoing instrument and have acknowledged before me and they have
executed same.
gc Public GAIL P FARRELL
t � P My Commission CC446R77
* - % * Expires Mar 21, 1999
Bonded by ANB
My Commission Expires: •ffr, oa ° WO-852-587P
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13
PUBLIC CONSTRUCTION BOND Bond #X 06122
BY THIS BOND, We Froehling's / Papico ,
as Principal and Preferred National Insurance Company
a corporation, as Surety, are bound to City of Boynton Beach ,
herein called Owner, in the sum of $Two Hundre Fourteen Thousand Six Hundred
Dollars
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 ,
19 , between Principal and Owner for construction of
Congress Avenue Park - Racquet Center and Tennis Courts
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 all losses, damages, expenses, costs, and
attorney's fens, 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.
PCB 1
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.
DATED ON 4,
cc , 19 .
Froehling's / Papico
(Name of Principal
BY: ali cs , a'e; i
Preferr Nat:. nsurance Company
. _ p--- , i___4
(Nam Surety) John S. Harris - Attorney -in-
L�
6. The payment provisions of bonds furnished for public work Fact
contracts described in subsection (1) shall, regardless of form, be
construed and deemed statutory bond provisions, subject to all
requirements of subsection (2).
7. In addition to the provisions of chapter 47, any action
authorized under this section may be brought in the county in which
the public building or public work is being constructed or
repaired. This subsection shall not apply to an action instituted
prior to May 17, 1977.
8. All bonds executed pursuant to this section shall make
reference to this section by number and shall contain reference to
the notice and time limitation provisions of this section.
PCB 2
9. In lieu of the bond required by this section, a
contractor may file with the state, county, city or other political
authority an alternative form of security in the form of cash, a
money order, a certified check, a cashier's check, an irrevocable
letter of credit, or a security of a type listed in part II of
Chapter 625. Any such alternative form of security shall be for
the same purpose and be subject to the same conditions as those
applicable to the bond required by this section. The determination
of the value of an alternative form of security shall be made by
the appropriate state, county, city, or other political
subdivision.
PCB 3
Preferr I National InsurancL Company
Coral Springs, Florida
POWER OF ATTORNEY
nAfu Al len pg CIEst f rPSPrifs, That Preferred National Insurance Company, a corporation of the State of Florida. by
Stephen Weicholz, President, and Scott Wetcholz, Secretary, in pursuance of authority granted by Article XI, Section 1 & 2 of the By -Laws of said
Company, which reads as follows
ARTICLE XI, SECTION 1 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attorneys -in -Fact, and to authonze them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
ARTICLE XI, SECTION 2 - The signature of any authonzed officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and
such signature and seal when so used shall have the same force and effect as though manually fixed
Does hereby nominate, constitute and appoint
John S. Harris and Elaine F. Harris
its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company as surety, all bonds, undertakings and
contracts of suretyship in the amount not to exceed Five Hundred Thousand Dollars ($500,000.00)
Preferred National Insurance Company, as fully and amply, to all intents and purposes, as if they have been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Coral Spnngs, Flonda, in their own proper persons
The said Secretary does hereby certify that the aforegoing is a true copy of Article XI, Section 1 & 2 of the By -Laws of said Company, and is now in
force
IN WITNESS WHEREOF, the said President and Secretary have hereunto subscribed their names and affixed the Corporation Seal of the said
Preferred National Insurance Company, this 17th day of November, 1993
ATTEST: Preferred National Insurance Company
G�(�e e dddd
7 By. ,t4.
Secretary I' / ' resident
STATE OF FLORIDA ) ss.
CITY OF CORAL SPRINGS
On this 17th day of November, A D , 1993, before the subscriber, a Notary Public of the State of Fonda, duly commissioned and qualified, came the
above named President and Secretary of Preferred National Insurance Company to me personally known to be the individuals and officers described in
and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each
for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceeding instrument is the
Corporate Seal of said Company, and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of Coral Springs, the day and year first above
written
gr ay PV OFFICIAL NOTARY SEAL
0 , - MARC REOEN
1 y COMMISSION NUMBER
CC 144201
7t ... Q MY COMMISSION "ZAP.
OF fL OCT. 11,1995
CERTIFICATE
I, the undersigned, Secretary of Preferred National Insurance Company, do hereby certify that the original Power of Attomey of which the foregoing is a
full, true and correct copy, is in full force and effect on the date of this certificate, and 1 do further certify that the President who executed the said Power
of Attomey was specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article XI, Section 1 & 2 of the By -Laws of
the Preferred National Insurance Company
This Certificate may be signed by facsimile under and by authority of the fotowing resolution of the Board of Directors of Preferred National Insurance
Company at a meeting duly called and held on the 8th day of September, 1989
Resolved, Article XI, Section 2, that the facsimile or mechanically reproduced signature of any Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with
the same force and effect as though manually affixed'
IN TESTIMONY WHEREOF, 1 have hereunto subscnbed my name and affixed the Corporate Seal of the said Company, this .. .. ...... day of
19
Secretary
PNI -PA -101 (11/89)
., nx$i..
The City of
Boynton Beach
GY N �;�
� 100 P. Boynton Buck Boulevard
/ ,Q 9.y P.O.Boo310
It i Boynton Beach, Florida 33425 -0310
�► _ k - - a / City Hall: (407) 375 -6000
, t, r- .'' ') " FAX. (407) 375 -6090
SEPTEMBER 12, 1996
FROEHLING'S /PAPICO
P.O. BOX 384
PALM CITY, FL 34991
ATTN: STEVEN PAPPAS
RE:CONGRESS AVENUE PARK - RACQUET CENTER AND TENNIS COURTS
BID#026- 721- 96NSMG
Dear Mr. Pappas,
We are in receipt of your insurance requirements for the above mentioned project.
Enclosed are the following items: a copy of your executed contract, 5% Bid Bond, a
"Notice -To- Proceed" and our Purchase Order #12682. Please sign the "Notice -To-
Proceed" and return the original to me at your earliest convenience.
We thank you for bidding on this project and look forward to working with you.
If you have any questions please feel free to call me at : (561) 375 -6323.
Sincerely,
,L - - '4_,_ )
ana M. ester
j j' Purchasin -Agent
Enclosures: Notice -To- Proceed, 5% Bid Bond, copy of Contract, Purchase Order
c: Central File
Charlie Frederick - Recreation Director
Bill DeBeck - Facilities Manager
File
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JrICCu Lt1 Itfi
TO FROM
SUE KRUSE CAROT, DOPPLER M a' _ —
CITY CLERK PURCHASTNG
C/ Ty Rte– 4'2 M '
SUBJECT • . ' _ JZ4, III: • _ . . — . _ • 11: BID[026 -721 961V,
— FOLD N0 9 or 10
MESSAGE
Attached is a copy of the "Notice -To Proceed, Public Construction Bond, &
the original contract for the above mentioned bid. Please file - accordingly.
Thank you...
O
U
p�
J
E
DATE
9/11/96
SIGNED C REPLY y
— FOLD FOR NO 3
- FOLD F7R NO 3
DATE 9 SIGNED LAC
44 -902 • Triplicate
WilsonJones® SENDER DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES RECIPIENT RETAIN WHITE COPY, RETURN PINK COPY 44 -904 • Quadruplicate
•
•
The City of RE SPITED
Boynton Beach SEP 19 1996
100 B. Boynton B Bou4van(
�YNT PURCHAS113 DEPT.
0*_ ,.2 TO. Bob310 each.
4 - '' • Boynton Beach., Florida 33425 -0310
\ f � Cit Milk (407) 375 -6000
r s /J -' v` �/ FAX: (407) 375 -6090
NOTICE TO PROCEED
TO: FROEHLING'S /PAPICO DATE :SEPTEMBER 5, 1996
P.O. BOX 384
PALM CITY, FL 34991
ATTN:STEVEN PAPPAS PROJECT:CONGRESS AVENUE PARK -
RACQUET CENTER AND TENNIS COURTS
BID #026 -721-96/VSMG
You shall commence WORK in accordance with the Agreement dated:
AUGUST 6, 1996 on or before OCTOBER 1, 1996 and you are to
complete the WORK within 120 CALENDAR DAYS thereafter.
The date of completion of all WORK is therefore: JANUARY 28, 1997
The Contractor's point of source for all activity relating to this
project will be:
Contact Person :HILL DEBECK Department: FACILITIES
Title:CONGRESS AVENUE PARK - RACQUET CENTER AND TENNIS COURTS
Telephone : (561) 375 -6020
CITY OF OYNTON BEACH
D a_6, City Manage or Designee
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY:
5 7&VlaM P? 1'P4 - DATE: q/17/9
Print Name D Signature :� /`�,G -rte Title
pc: Central File
File
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