R11-022
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1
2 RESOLUTION NO. Rll- Oa..a-.
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING A CONTRACT
6 FOR BID #004-2730~ ll1CJD WITH WEST
7 CONSTRUCTION, INC., OF LAKE WORTH FOR
8 CONSTRUCTION OF CONGRESS AVENUE
9 BARRIER FREE P ARK IN THE AMOUNT OF
10 $1,412,366.00 WITH A 10% CONTINGENCY OF
11 $141,236.00 FOR A TOTAL OF $1,553,602.00;
12 AUTHORIZING THE CITY MANAGER TO
13 EXECUTE CONTRACT DOCUMENTS; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, seven (7) proposals were received and opened by Procurement
17 Services on December 7, 2010, for the construction of Congress A venue Barrier Free
18 Park; and
19 WHEREAS, staff is recommending the award to West Construction, Inc., as the
20 lowest, most responsive, responsible bidder who met all specifications; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff, deems it to be in the best interests of the residents and citizens of
23 the City of Boynton Beach to approve the contract and authorize the City Manager to
24 execute the contract with West Construction, Inc., for the construction of the Congress
25 A venue Barrier Free Park.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
29 as being true and correct and are hereby made a specific part of this Resolution upon
30 adoption.
S:\CA\RESOlAgreements\Reso - Award of Bid - Congress Avenue Barrier Free Park (West Const).doc
II I
1 Section 2. The City Commission of the City of Boynton Beach, Florida,
2 hereby approves the award of contract for Bid #004-2730-11/CJD to West Construction,
3 Inc., for the construction of the Congress A venue Barrier Free Park.
4 Section 3. The City Manager is authorized to execute a contract in the amount
5 of $1,412,366.00 with a 10% contingency of $141,236.00 for a total of $1,553,602.00, a
6 copy of the Contract is attached hereto and made a part hereof as Exhibit "A".
7 Section 4. That this Resolution shall become effective immediately.
8 PASSED AND ADOPTED this ,ST" day of February, 2011.
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S \CA\RESOlAgreements\Reso - Award of Bid - Congress Avenue Barrier Free Park (West Const).doc
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BID TITLE: NAME OF BID CONSTRUCTION OF CONGRESS AVE.
BARRIER FREE PARK
BID NUMBER: 004-2730-11lCJD
PROJECT NUMBER: CP0617
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this /O~ day of m ~ , 20LL, by
and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter
called the "CITY" or "OWNER" and West Construction. Inc.
a Florida Corporation LX~ 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:
CONSTRUCTION OF CONGRESS AVE. BARRIER FREE PARK
WHEREAS, CONTRACTOR, in compliance with the bidding requirements announced by
the City, submitted a bid on the 7th day of December, 2011, for the total bid amount of
$1,412,366.00; and,
WHEREAS, On the 1st day of February, 2011, 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 275 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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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 hereby hires the CONTRACTOR to provide construction
services for completion of the Project.
1.1.3. The CONTRACTOR hereby accepts this Contract and agrees 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 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 which are hereby not listed in any order of precedence.
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 Special Conditions for City Furnished Materials
2.2.7 Terms and Conditions for City Furnished Materials
2.2.8 Construction Contract
2.2.9 Certificate of Insurance
2.2.10 Public Construction Bond
2.2.11 Technical Specifications
2.2.12 Contract Drawings and Plans
2.2.13 Addenda
2.2.14 Written directives or interpretations
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2.2.15 Manufacturers warranties
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. 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.
3.1.2.1. Comply with provisions in Special Conditions and Terms and
Conditions for City Furnished Materials.
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 subcontractor's supplying of material to
contractor and shall maintain records to establish such 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 that may have been used or worked on by
the CONTRACTOR in connection with the project promptly from streets,
alleys, parkways and adjacent property as such section or portion is
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completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.9. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.11. Perform such other tasks as set forth in the Contract Documents.
3.1.12. Provide all required bonds, insurance certificates and any other required
security for performance of the Project within ten (10) days of the Award
ofthe 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 CONTRACTOR'S 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. The City shall provide a written Notice to Proceed at the time of the scheduled
Pre-Construction Meeting.
4.2. The City shall 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, the City shall 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 ten
(10) calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 275
calendar days thereafter.
5,2. With respect to this Contract, time is of the essence, In the event the
CONTRACTOR shall fail to: (1) timely commence the work following Notice to
Proceed or (2) 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, for liquidated
damages, the amount stipulated in Section 6.0 hereinbelow for each and every
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calendar day that the CONTRACTOR shall be in default of achieving
certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any subcontractor that CITY may, within a reasonable time, object to as
incompetent or as unfit.
6. LIQUIDA TED DAMAGES
6.1, The CONTRACTOR agrees to pay $2.500.00 per day as liquidated damages, for
failure to begin within ten (10) days of CITY's issuance of the "Notice to
Proceed" or failure to achieve Substantial Completion within 275 calendar days
from the Commencement Date as indicated in the written "Notice to Proceed".
The CITY shall have the right to deduct such liquidated damages from any
amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR within the thirty
(30) calendar day period, at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2, CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
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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.
8.3, The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the msurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1 The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. At the City's discretion, the City may make direct
purchases of any materials and equipment purchased for, or to be incorporated
into the Project, as determined by the City.
CONTRACTOR HEREBY ACKNOWLEDGES THAT HE HAS READ AND
UNDERST ANDS THE ABOVE PROVISION.
INITIALS
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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
m the General Conditions for Construction GC-46, FIELD CHANGE
DIRECTIVES/CHANGE ORDERS. No Field Change Directive or Change Order
shall be authorized by the Project Manager if the Contractor has added language
to the Field Change Directive or Change Order or to any cover letter, e-mail,
facsimile, or other written document which accompanies the Field Change
Directive or Change Order in which the contractor attempts to reserve any future
right or claim arising out of the work which is the subject of the Field Change
Directive or Change Order. If the Contractor adds such language, the Project
Manager shall secure specific written authorization from the City Manager's
office before executing the Field Change Directive or Change Order.
10.2 Change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Landscape Architect ("Landscape Architect") is Bruce Hall,
AECOM. CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE
PARK.
11.2. The Landscape Architect shall have general supervision and direction of the work.
The Landscape Architect is the agent of the CITY only to the extent provided in
the Contract Documents and when in special instances he has the authority by
CITY to act, and in such instances he shall, upon request, show CONTRACTOR
such authority in writing. He has authority to stop the work whenever such
stoppage may be necessary to insure the proper execution of the Contract.
11.3. As the Landscape Architect is, in the first instance, the interpreter of the
conditions of the contract and the judge of its performance, he shall side neither
with CITY nor with CONTRACTOR, but shall use his authority pursuant to the
Contract to enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Landscape Architect is to make
recommendations to the Project Manager who shall make the final decision.
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12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the
General Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a
master set of which shall be maintained by the City Clerk of the CITY. In
the event of a dispute, only the master set of documents, or copies thereof
certified by the City Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set
forth in the Contract Documents, the conflict shall be resolved by written
interpretation by the Project Manager. In reconciling conflicting
provisions of the Contract Documents, the Contract shall have the greatest
weight, followed by the General Conditions for Construction, technical
specifications, and finally by the balance of the Contract Document.
14. TIME OF ESSENCE
14,1. Inasmuch as the provisions of the Contract Documents relating to the
times of performance and completion of the work are for the purpose of
enabling the CITY to complete the construction of a public improvement
in accordance with a predetermined program, all such time limits are of
the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of
the CITY, its agents or employees, by the act or omission of any other
party other than the CONTRACTOR, his agents, employees or
subcontractors, or delay caused by weather conditions or unavailability of
materials, the sole remedy available to CONTRACTOR shall be by
extension of the time allocated to complete the project.
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED
TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE
PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS
AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES
THIS 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
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15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for
completing the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23,
EXTENSION OF TIME/NO DAMAGES FOR DELAY.
15.5. For the purpose of this section, the phrase "the CITY, its agents and
employees" shall include but shall not be limited to the Project Engineer
and Proj ect Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for
Construction GC-18, DISPUTES.
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
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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 BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
Attest: Approved as to Form:
City Clerk City Attorney
Signed, sealed and witnessed WEST CONSTRUCTION COMPANY, INC.
in the presence of:
President or Vice President
Attest as to CONTRACTOR
State of Florida )
) ss:
County of Palm Beach )
On this day of , 20_, personally appeared before me, duly
authorized to administer oaths,
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.
Notary Public
My Commission Expires:
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The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Carol Doppler
Purchasing
FROM: Janet M. Prainito
City Clerk
DATE: March 14, 2011
SUBJECT: R11-022 Agreement with West Construction for construction of
Congress Avenue Barrier Free Park
Attached for your handling is a certified original agreement mentioned above. I have
also included a copy of the agreement for your records.
Please contact me if there are any questions. Thank you.
________________________________
Attachments (3)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2011\Carol Doppler R11-022 executed.doc
America’s Gateway to the Gulfstream
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.
CITY OF BOYNT N BEACH, FLORIDA
Attest:
Signed, sealed and witnessed WEST CONSTRUCTION, INC.
in the presu
9 f--
~~
State of Florida )
) ss:
County of Palm Beach )
On this day of , 20_, personally appeared before me, duly
authorized to administer oaths, Martha A. Morgan, President and Matthew F. West.
Secretary of West Construction, Inc. known to me to be the persons described herein 8f \\-<h8
has ~r8€lN@@€l 8B i€l@Rtit{@ati8R and who executed the
foregoing instrument and has acknowledged before me that they have executed same.
~pp
My Commission Expires:
"o'~~.'. ~~8{0 AURORA VEGA
.. ~ * MY COMMISSION # DO 9361;
'" EXPIRES: December 8,20 i C -10
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'fr/!"OFfCO'i' Bonded Thru Budget Notary ServlCl' Revised 07 -11-08
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~O ~~ 23 ECANFUSKEE STREET
~ 7 SUITE 102
~ ~ JUPITER, FLORIDA 33477
~ OJ
~ TELEPHONE (561) 776-9001
"'Y FACSIMILE (561) 427-6730
Building Relationships www.calinc.com
Bid No.: 004-2730-11 Surety Bond No.: 58676765
Contractor Name: West Construction, Inc. Surety Company: Western Surety Company
Address: 318 South Dixie HiQhway, Suite 4-5 Address: 2405 Lucien Way
Lake Worth. Florida 33460 Maitland, Florida 32751
Phone Number: 561/588-2027 Phone Number: 407/919-2260
Owner Name: City of Boynton Beach Project Name: Conqress Avenue Barrier
Free Park
Address: 100 E. Boynton Beach Blvd. Project Location: 3111 S. Conqress Ave.
Boynton Beach, FL 33425 Boynton Beach. FL
Phone Number: 561/742-6310
Contract Amount: One Million Four Hundred Twelve Thousand, Three Hundred Sixty Six and 00/100-($1.412.366.00)
Description of Work: Conqress Avenue Barrier Free Park
Legal Description of Project: 6-46-43. Ely 975 Ft. of Sly 996.81 ft. of N 1782.18 Ft. of NE % L YG S of
Charter Drive N (less E 60 Ft SR 807 R/W)
This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant
under this bond for payment must be in accordance with the notice and time limitation provisions in
Section 255.05(2), Florida Statutes. Any provision of this bond which conflicts with or purports to grant
broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall
be deemed deleted herefrom. This bond is a statutory bond, not a common law bond.
This is the front page of the performance/payment bond(s) regardless of preprinted numbers on other
pages issued in compliance with Florida Statute 255.05.
. .' -,
.
Bond No. 58676765 PUBLIC CONSTRUCTION BOND
BY THIS BOND, We West Construction, Inc. , as Principal
and Western Surety Company , a corporation, as Surety, are
bound to City of Bovnton Beach, herehi called Owner, ill the sum of
$ 1,412,366.00 , for payment of which we bind ourselves, our heirs,
personal representatives, successors, and assi gns, jointly and severally,
THE CONDITION OF THIS BOND is that if Principal:
I, Performs the contract dated , between Principal and Ownel'
for construction of Congress Avenue Barrier Free Park , the eontract bcing
made a part of this bond by reference, at the times and in the manner prescribed in the
contract; and
2. Promptly makes paym,cnts 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 attomey's fees, including appella.te
proceedings, that Owner sustains because of a default by Principal under the contract; a.nd
4. Pcrfonns the guarantee of all work and materials furnished under the contract for lhe lime
specified in the contract, then this bond is void; otherwise it remains in full lbrce.
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 tor payment must be in accordance with the notice and time
limitation provisions in Section 255.05(2), Florida StattltcS.
DATED ON
West
BY:
organ, res
Surety Company
~~ . (Narneorrty) Q ~
PCB -1 B , . \f\A. U deL,
Revi.eu 10-2 t..oS D. Michael Stevens, Attorney in Fact
" " . .. ."
.
Western Surety Company
.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, 8 South Dakota corporation, is 8 duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dak.ota, and thaI it does by vinue of the signature and seal hertin affixed hereby
make. constitute and appoint
Don A Lambert Jr, D Michael Stevens, Individually
of Jupiter, FL, its true and lawful AUorney(s)-in-Facl with full powel and authority hereby conferred to sign, seal and execute fOI and on its behalf bonds,
undertakings and other obligatory inslruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same exlent lIS jf such instruments were signed by a duly authori7.td officer ofthe corporation and all the acts of said
Attorney, pursuant to the authority hcreby given, are hercby ratified and confirmed.
This power of Attorney is made and executed pursuant to and by authority of the By-Law printed on thc rcvClse hereof, duly adopted, as indicaled, by
the shareholders of the corporation.
In Witncss Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate scalIa
be hereto affixed on this 26th day ofNovcmbcl, 2007.
WESTERN SURETY COMPANY
.,4?L~
Paul . SNtlal, Senior Vice Presidenl
State of South Dakota } ss
County of Minnehaha
On this 26th day ofNovernber, 2007, before me personally came Paul T. BNf1at. to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is thc Scnior Vicc President of WESTERN SURETY COMPANY described in and
which executed the abovc instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed punuant to lIuthority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowlcdges same to be the act and deed ofsaid corporation,
My commission expires +~~~-~~~~~~~~~~~~~~-~~~~.
, I
~ O. KRELL : ~ ~""'"
November 30, 2012 I @NOTAFlV PU8LIC~'
~ SOUTH DAKOTA :
I I
+.............................................. +
CERTIFICATE
I. L. Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certif'y that the By-Law of the corporalion printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed
my name lITld affixed the seal oflhe said corporation this day of
WESTERN SURETY COMPANY
g. ~~I~secrctMY
FlIrm F428D-09-06
~,\1l AL1'e
~O ~~ 23 ECANFUSKEE STREET
~ 7 SUITE 102
~ ~ JUPITER, FLORIDA 33477
~ to
~ TELEPHONE (561) 776-9001
"'Y FACSIMILE (561) 427-6730
Building Relationships www.calinc.com
February 3,2011
City of Boynton Beach, FL
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: West Construction, Inc.
Congress Avenue Barrier Free Park
Bond No. 58676765
To whom it may concern:
This letter will serve as Western Surety Company's authority for City of Boynton Beach
to date the Public Construction bond and the necessary Power of Attorney on the above
captioned bonds.
We acknowledge this must be handled in this manner, as the necessary forms must be
filed with the County prior to the physical execution of the contract.
Yours truly,
~~~
D. Michael Stevens
Attorney-in-Fact
Western Surety Company
,. .. ~,\ll AL1'e
~O ~~ 23 ECANFUSKEE STREET
~ 7 SUITE 102
~ ~ JUPITER, FLORIDA 33477
~ OJ
~ TELEPHONE (561) 776-9001
4y FACSIMILE (561) 427-6730
Building Relationships www.calinc.com
Bid No.: 004-2730-11 Surety Bond No.: 58676765
Contractor Name: West Construction. Inc. Surety Company: Western Suretv Comoany
Address: 318 South Dixie Hiqhway, Suite 4-5 Address: 2405 Lucien Way
Lake Worth, Florida 33460 Maitland, Florida 32751
Phone Number: 561/588-2027 Phone Number: 407/919-2260
Owner Name: City of Boynton Beach Project Name: Conqress Avenue Barrier
Free Park
Address: 100 E. Boynton Beach Blvd. Project Location: 3111 S. Conqress Ave.
Boynton Beach, FL 33425 Boynton Beach, FL
Phone Number: 561/742-6310
Contract Amount: One Million Four Hundred Twelve Thousand. Three Hundred Sixty Six and 00/100-($1.412.366.00)
Description of Work: Conaress Avenue Barrier Free Park
Legal Description of Project: 6-46-43, Ely 975 Ft. of SlY 996.81 ft. of N 1782.18 Ft. of NE % L YG S of
Charter Drive N (less E 60 Ft SR 807 R/W)
This bond is given to comply with section 255.05 Florida Statutes and any action instituted by a claimant
under this bond for payment must be in accordance with the notice and time limitation provisions in
Section 255.05(2), Florida Statutes. Any provision of this bond which conflicts with or purports to grant
broader or more expanded coverage in excess of the minimum requirements of the applicable statute shall
be deemed deleted herefrom. This bond is a statutory bond, not a common law bond.
This is the front page of the performance/payment bond(s) regardless of preprinted numbers on other
pages issued in compliance with Florida Statute 255.05.
..
". 1
.
Bond No. 58676765 PUBLIC CONSTRUCTION BOND
BY THIS BOND, We West Construction, Inc. , as PriJ'lClpal
and Western Surety Company , a corporation, as Surety, are
bound to City of Bovnton Beach, herein called Owner, III the sum of
$ 1,412,366.00 , for payment of which we bind ourselves, our heirs,
personal re.presentativcs.\ successors, and assigns, jointly and severally,
THE CONDITION OF THIS BOND is that if Principal:
1. Perfonns the contract dated , between Principal and Owner
for construction of Congress Avenue Barrier Free Park , tlle contract bcing
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 deiincd 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 fot the contract; and
3. Pays Owner all losses, damages, expenses, costs, and attomey'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 fot the time
specified in the conlmct, then this bond is void; otherwise it remains in full force.
5. Any changes in or under the contract documents and complia1'lce 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 nillst be in accordance with the notice and time
limitation provisions in Sectio11255.05(2). Florida Statutes.
DATED ON
West
BY:
art a
Western Surety Compan
.0 ~Of~~
pca - 1 By. . - ,
Revi."u 10.21-05 D. Michael Stevens, Attorney in Fact
'0
r. ... Western Surety Company
.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation. is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and Stale of South Dakota, and that it does by vinue of the signature and seal herein affixed hereby
make, constitute and appoint
Don A Lambert Jr, D Michael Stevens, Individually
of Jupiter, FL. its 1rue and lawful Attorney(s)-in-Facl with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory inslruments of similar nature
. In Unlimited Amounts.
and to bind il thereby as fully and 10 the same exlent as if such instruments were signed by a duly aUlhori7.ed officer of the corporation and all the acts of said
Attorney. pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof. duly adopted. as indicated, by
the shareholders of the corporation,
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents 10 be signed by its Senior Vice President and its corporale seal to
be hereto affixed on this 26th day ofNovembcl, 2007.
WESTERN SURETY COMPANY
.;:? -t'~4'
Paul . Brullat, Senior Vice President
State of South Dakota } ss
County of Minnehaha
On this 26th day of Novernber, 2007, before me personally came Paul 1. Bruflat, to me Icnown, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Viee President of WESTERN SURETY COMPANY described in and
which executed the above in.~trument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation,
My commission elqlires +~~~~~-~~~~~~~~~-~~~~~~.
, ,
f O. KREll f ~ ~P'b1'
November 30,2012 :@NOJ'ARY PU8LIC~:
, SOUTH DAKOrA ,
, . ,
+.............................................. .
CERTIFICATE
I. L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that \he Power of Attorney hereinabove set forth is still in
force, and further certifY that the By-Law of the corporation printed on the revenie hereof is still in force, In testimony whereof I have hereunlo subscribe.d
my name and affixed \he seal of the said corporal ion \his day of
WESTERN SURETY COMPANY
g. ~~s~secretuy
Form F428()..(J9..(l6
The City of
Boynton Beach
Procuremellt Services
100 E. Boynton Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (561) 742-6310
FAX: (561) 742-6316
NOTICE TO PROCEED
TO: West Construction, Inc. DATE: February 15,2011
PROJECT: CONSTRUCTION OF CONGRESS A VENUE BARRIER FREE
PARK
Contractor shall commence WORK within ten (10) calendar days of the Commencement
Date specified below in accordance with the Agreement dated: FEBRUARY 2. 2011
Contractor shall achieve Substantial Completion without interruption within 275calendar
days thereafter.
Commencement Date: March 1,2011
Substantial Completion Date: November 30,2011
Final Acceptance Date: December 30, 2011
The Owner's designated representative for all activities relating to this project will be:
Contact Person: Jody Rivers: Parks Department
Title: Parks Superintendent Telephone: 561-742-6226
Engineer: Andrew Mack
Title: EllIdneer Telephone: 561-742-6982
CAL~1o,~
Representatlve om the CIty of Boynton Beach
ACCEPTANCE OF NOTICE
~t of the above ~cE TO PROCEED is hereby acknowledged by:
1,;>:' +h?<h) ~:n 2- ls~ 1/
.::r r, . {.. Date:
Signa Title: ~1~Kr~\~/,
c: