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R02-086 I ~ il I i I RESOLUTION NO. R02- OBle A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING BID#035-2423-02/KR FOR THE EZELL HESTER, JR. PARK FOOTBALL FIELD PRESS BOX, TO RIM BUILDERS, 'INC.; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 7,2002, nine (9) proposals were received and reviewed y the Construction Services Division and Project Consultant; and WHEREAS, upon recommendation of staff, the City Commission of the City f Boynton Beach does hereby approve the bid for the Ezell Hester, Jr. Park Football ield Press Box to RIM Builders, Inc. of West Palm Beach, Florida, in the amount of 166,030.00; and WHEREAS, RIM Builders, Inc. has performed similar projects successfully nd has the capacity to undertake this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, ereby approves the bid for the Ezell Hester, Jr. Football Field Press Box, to RIM uilders, Inc. of West Palm Beach, Florida, a copy of said Agreement is attached ereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED this LJ day of June, 2002. BEACH, ~7 ):::ert< ~~ Commissioner I t7 'tn.~ Corpo~~ \(\ llili~' It! 1111;, # :4, 't\ 'i uN& ~ ~ 0 <llOOo1l$l(,,",~<ll~.d ~ :-.; e' f1' '" o. . ~ ;po: S {b i~~~O V\ t ~b~eo 0 ~ ::: ~ loQ! ~~* 1:- ~ :: 0 :0 ~::: -= "'" ~z i"- :: "- :- : -" " $- ~~\ I:;: :Reso~d '~"",cr.eress !d'<s\J:r Fo~all Field ~~v 9U~ >:>\ilfO <I~ "?: "" ~ 11l:)-I/.I\IG~t>l)g,~."'\.v ~ ~/III ' FLO~\~# II! 11111! Ii \ \ \ \\\ ,.J, . .FIxl" "if' .., >. R02-08C:, , . BID TITLE: RZF,T,l, ffESTER, .JR. PAl~K FOOT8ALL FTE1,DPRESSROX BID NUMBER: 0]e;-2413-02/KR PROJECT NUMBER:. CPO 240 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this L./ day of June.. 20~ by and. between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and R.TM RUTT ,HERS, TNC of West Palm Reach, Florida. a Florida Corporation L X~ a Florida General Partnership ~ a Florida Limited Partnership ~ a Sole Proprietor ~ Check One hereinafter called "CONTRACTOR". WITNESSETH A. 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: EZET J, HESTRR, .JR. PARK FOOTRA I J, FIET ,0 PRF,SSROX B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 7th day of March, 2002, for the total bid amount of $166,0]0,00. C. On the 4th day of .June, 2002, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Parties agree that the Project is scheduled to be completed within 12.0. calendar days of the issuance ofthe Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. -. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C-l 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-G ar~ true and correct and incorporated herein by this reference. 1.1.2. 'The CITY does hire and employ the CONTRACTOR to provide constrUction services for completion ofthe Proj ect. 1.1.3. TheCONTRACTORdo.esacceptthis Contract and doe&agree to furnish thellecessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the worl<las seti forth in the this Contract and the Contract DoclllTIents. for the price and ~ounts set forth mCoritractor's bid. . 1.1.4. Contractor is an independent contractor as that term is! set forth in the General Conditions for Co~strUction (GC-2) 1.1.5. Unless otherwise provided, all time frames referenced' in all Contract DoCunients shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set for1lp in the Contract Documents. 2.2. The Contract Documents are the compilation of the folloFing individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) ~ all referenceslto "GC" shall be to section humbers I , 2.2,6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Public Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2,12, Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties C-2 , , , 15. REMEDY FOR DELAY 15,1. In the ~vent 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 py 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 M<DNETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONT~CTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSEjD BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLQYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECO"iERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS L]MITATION. CONTRACTQR hereby acknowledges that he has read and understands the above provision. ..;:::::;;u41 INTIALS ~ 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 10 accordance with the General Conditions for Construction (GC 24) 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-19). 16,2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C-8 " , , IN WITNESS, WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the. CONTRACTOR has e*ecuted these presence the day and year herein before written. Signed, sealed and wi~essed in the presence of: ~~.~ 1 . ; ~\\I\\I"fIIl/"" i :$-''\ "a I Qlo ;1~ .J,.~ . I' ~ ~ ..O.,IllI",IU',:r"OClOO$ ~ ~ ~I .. 0:::> '.. ~ ~!~ :;-" vl8 H (11.0 ~ tni:P' · i ~~' ~ ~ e\ . 1 OE _ e\-M . ....... -.. .-;::., J'.,"'f~.. .. , City c~.t4- o.......~,..<o~.f -r' City Attorney '1t- ( ~ it, l"1? ~ 'D\. I ~/I. '1/ ^ 0<:> ":\\~ 1IIIIlIfllll\\\\\\\ CITY OF BOYNTON BEACH, IfLORIDA LlI it / Mayor ----....... Attest: Approved as to Form: Signed, sealed and witnessed I in the presence of: I 1'_ ~'If~ ;~~ CONTRACTOR State of Florida ( - County of Palm Beach ) ) ss: ) On this i'l fi day of , 200d, personally appeared before me, duly authorized to administer oaths, known to be the persons described herel or who has roduc as identification and who lfxecuted the foregoing instrument and has acknowledged before me that they have executed same. N~~ My Commission Expires: .".~~~~~... John. Stenger ~~ 'f4 MY COMMISSION # CCBJ4671 EXPIRfS . , . Mo,>, 9, 2003 OCNPf~l!1!l\iJRQY FAIN IN8iMlANet, ~ C-9 Performance Bond No. CS6 020 2216 As to Contractor/Principal: RJM Builders, Inc. Name: Ronald Maggio Principal Business Address: 12079 Orange Blvd. West Palm Beach, FL 33412 Telephone: (561) 792-5358 As to the Surety: Lyndon Property Insurance Company Name: Steve Helmbrecht Principal Business Address: c/o 4686 Sunbeam Rd. #120 Jacksonvifle, FL 32257 Telephone: (904) 733-8885 As to the Owner of the Property/Contracting Public Entity: City of Boyton Beach, Florida Name: Bill Atkins Principal Business Address: 100 East Boyton Beach Blvd. P.O. Box 310 Boyton Beach, FL 33425 Telephone: (561) 742-6320 Description of proiect including address and description of improvements: Ezell Hester Jr. Park Football field pressbox, construction of two story CBS Press box, storage area, and office building III PUBLIC CONSTlUJCTTON BOND Bond No. CSB 020 ~ BY THIS BOND. 'We RJM Blilders, ~. and Lynd:n Pl'q;.erty Tnsuran:e .O:npmy -- ,. ------...0..-... . as Principal · a corporation. as Surety, are called Owner, in the sum of bound to ~ity or l'loynton.".- . R~Mh. herein $166,03:1.00 .forp. R'\1Tr'lent of which we . bind ourselves. our, heirs, - ,.".-r- - J'" _ personalrepresen~atiV"e8, successors,and assigns,jointJy and severally. , THE Cb~lTrONOF THIS BOND is that if Principal: 1. Petfonnsthe ,ontraet dated .Q.Ul'Ey4.L 2CX>2.. , " between .Principal and Owner fur e~ti~. p~f?<>h ~ Jr. ~ foothill fie:!(! p:e;sb:oc . the e~ b<>ing construe~1.0n{jf\2s'tory CBS Pressbox storage ?rea and ottice builC made apart Qfthisbond by reference. at the times and in the manner prescribed in the I contrar::t; and 1 2. Promptly makets payments to all claimants, as defined in Section 255.05{1), F10rida Statutes. supplying .Prin~ipaI with labor, materials, or Supplies, used directly or indirectly by Principal in the proseeutipn oftbe work provided for the contract; and ' . 3. Pays o"vnet' al~ losses. damages, ra1qJenses. costs. nnd attorney's fees. including appellate proceedings. th~t Owner sllStams because of a default by Pri'ncipal under the contract; and ! . 4. Perfonns the ~antee of~n work and materials fumished under the contract for the time specified in the Gonher. then this hond is ,'oid; otherwise it remains in full force. 5. Any changes in Qr under the contract documents and compliance or noncompliance With any . i fonnaIities conn~cted with the contract or the changes. do not affect Surety's obligation" under this bond. 6. The payment pfO'~'isions of bonds fumishec1 for pnhlic work contracts descnoed in subsection (1) shaH. regardI~ss of form. be constmedand deemed statutory bond provisions. subject to all requirements of suhsection (2). 7. ' In addition to the iprovisions of chapter 47, any action authorized under this section may be brought in the oo*nty in which the public building or public work is being constructed or repaired. This snb~ection shall not apply to an action instituted prior to May 17, 1977. , . 8. An bonds execute~ pursuant to this section shall make reference to this sec:;tion by number I, and shall contain ~ference to the notice and time limitation provisions of this section. PCB - 1 ') L II II 11,' wo",," . '. ,~H. di, 9. In lieu of the bond required by this section, a contractor may file with the state, col.ul~'. city or olh~politi..J ..thori'f ao aJteti,ativ!; lom> of $eeurlty in .the fonn of oa$h. . money order, a certified cpeck, a cashier's check, an irrevocable letter of credit. or a security of a type Iistedinpa~U()f Chapter 625. Any stich alternative fonnofsecurity shall be for the sarne pUrpose and pe subji:Ctto the same conditions asthose appIicableto the bond required by this sf$ction. The ,determination of the value of analterpativeform of security shall be made by the apprqpriafestate,county, city, or other political subdivision_ DATED ON June 19. 2002 L 'ranee Company ~ Peter A. Kessler, Attorney-in-Fact & Florida Licensed Resident Agent "'" PCB-2 3 ~ LYNDON PROPERTY INSURANCE COMPANY 520 MARYVILLE CENTRE DRIVE, SUITE 500 ST. LOUIS, MISSOURI 63141-5814 POWER OF ATTORNEY 09-113 KNOWN ALL r<.1EN BY THESE P~ESENTS, thaI L YNDONPROPERTY INSURANCE COMPANY, a Missouri Corporation, having its principal office in St. ,ouis, Missouri pursuant to the foIlowing!resolulion, adopted bytlte Board of Directors of the Corporation on Ihe 27 th day of January, 1983, RESOLVED, Pursuant to Section],) and4,12 of the By-laws, the following Rules shall govern the execution of the Corporation of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (I) That the President or any Vic~ President or Assistllnt Vice President. the Secretary or Assistant Secretary, .the Treasurer or Assistant Treasurer or any Atl()l'l1i:y.in..Factrnay executqforand in behalfofthe Corporation any and all bonds. undertakings, recognizances, contractsand other writings in the nature there~f, thesametobeatteste~whennecessary/)yt/JeSecretary or Assistance. Secretary,llnd the seal of the Corporation llffixed thereto; and that the Pri:sident, any Vice President ~nhe Secretary or Ass istant Secretary may appoint and authorize Attorneys-in-Factto execute otto the execution of all such writings on behalfQft/Je Comoration. and to affix the seal of the Corporation thereto, The Secretary or Assistant Secretary may not both execute and attest the same bonds,undertakingsj recognizances, contracts and other writings of the Corporation. I (2) Any su~h writing executed in bccordance with these Rules shall. be as binding upon the Corporation in any case as though signed by the President and attested by the Secretary, ' , (3) Th. e. . Sig.. nature. O.fthe.PT. CS. ide. nt,1 or any Vice p. re. sident or Assistant Vic.e President, the Secretary or Assistant Secretary, or the Treasurer or Assistant Treasurer and the seal ofthe Cprporation may be atlixed by facsimile on any power of attorney granted pursuant to this Resolution, and the certificate bearing such facsimile signalll~e and seal shall be valid and binding on the Corporation, (4) Such Attorneys-in-Fact shall h~ve authority to certity or verity copies of this Resolution, the By-laws of the Corporation, and any affidavit of record of the Corporation necessary to. the dIscharge of their duties, This Power of Attorney is signed and seale1 in f.1csimile under and by the authority of the above Resolution, DOES HEREBY MAKE, CONSTITUTE A~D APPOINT: Peter A. Kessler ils true and lawful Attorney(s)-in-Fact wilh lilllpower and authruity herchy conferred in its name, place and stead to sign, execute, acknowledge and deliver in its bchalf: and as its act lIud deed, without powh ofredelegation, for all ohlillees inclUding any and all eonsents required by the llepartmentofTransportation, State fir Florida, incident to the release of retai1edpercentages ani/lor final estimates, as follows: Bonds guaranteeing the fidelity ofpetsoQS fir.lding places of public or private trust, guaranteeing the performance of contracts other than insurance policies; and executing or guaranteeing bonds and unde akings relJuired or permitted in all actions or proceedings or by law allowed, provided the amount of no one bond. exceeds Two Million Five Hundre Thous~nd .and 00/100 Dollars $2 500 000.00 : and to bind LYNDON PROPERTY INSURANCE COMPANY thereby F;;CTBfully and to the same extent as ifsuch bo d or undertaking wlls signed by the duly authorized officers of LYNDON PROPERTY INSURANCE COMPANY, and all ~ acts of said Attorney(s)-in-Fact pursuant 0 the authorit};herein given are hereby ratified and confirmed, . In Witness Whereof, L YNDON PROP~RTY INSURANCE COMPANY afSt, Louis, Missouri, has caused this Power of Attorney to be signed by its President I ana its Corporate ~eal to be affixed this 12't day of March, 1999 , State of Missouri County ofSt, Louis ss: LYNDON PROPERTY INSURANCE COMPANY Ay:_6[;~~ ~ ROLAND G. ANDI:RSON, President On this the 12th dlayof March, 1999, before the subscriber. a Notary Public of the State of Missouri in and for the County ofSt. Louis, duly commissioned and qualified, came ROLAND G,ANIJERSON of Lyndon Property Insurance Company to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and aF.knowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and :that the seal fixed to ,he preceding instrumenl is the Corporate Seal of the Compllny, and the Corporate Seal and signature as an officer were dulYlIflixed and subscrihed to the said instru~ent by lhc authority and direction of the Corporation, and that lhe resolution of the Company, referred to in the preceding instrument, In Testimony Whereof, I have hereunto ~et my hand, and fixed my official seal at St, Louis, Missouri, the day and year above written. I MA~IEf.DUFF 1?t~~ Notary Pub/icl- State of Missourf . . .. . . CounlYj at Jefferson _ . _ My Gommissjoo E[xpires J.nu./)' 6. 2006 + I, Richard C. lIackeil, Assistant Secretary uflhe Lyndon Property Insurance Company, do hereby certify lhat the foregoing is a true and accurate copy ofa Power of AUomey, executed by said Lyndon Propertyilnsurance Company which is slill in full toree and effect, In Wilness Whereof: I have hereunder set m* hand and affixed the sClll orsaid ('nrpoTlltiun at ..<;1. Louis, Missouri, lhis 1 9 t hIay of June , 2rIJ 2 . State of Missouri County ofSt. Louis ss: LYNDON PROPERTY INSURANCE COMPANY ~~/ The City of Bqynton Beach Procurement Services 100 E. Boynton.BeachBoulevard P,O. Box 310 Boynton Beach, Florida 33425.0310 Telephone No: (561) 742.6320 FAX: (561) 742-6306 July 11,2002 RJM BUILDERS, INC. 12079 ORANGE BLVD. WEST PALMBEACH,FL 33412 ATTN: RONALD MAGGIO RE: "EZELL HESTER, JR. PARK FOOTBALL FIELD PRESSBOX" BID #035-2413-02/KR Dear Mr. Maggio: We are in receipt of your insurance requirements, executed contract, and Public Construction Bond for the above mentioned project. Enclosed are the following items: 5% Bid Bond, copy of the executed Contract and the Notice To Proceed. Please sign the Notice To Proceed on behalf of your company, keep the original for your records, and return. a covy to the City as soon .as possible. Your Purchase Order will be mailed upon receipt of the Notice to Proceed. If you have any questions, please feel free to callme at: (561) 742-6322. Sincerely, ~~~~ Bill Atkins Deputy Director of Financial Services Iktr Enclosures: 5% Bid Bond, copy of executed Contract, Notice To Proceed c: Bill DeBeck, Project Manager Clem Bucher, Contract Administrator Wally Majors, Recreation Director Marshall Gage, Chief of Police Central File File America's Gateway to the Gulfstream The City of Bl?ynton Beach Pro(:Ur~nt Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TelephoneNo: (561) 742-6320 FAX: (561) 742.6306 June 5, 2002 RJM BUILDERS, mC. 12079 ORANGE BL YD. WEST PALM BEACH, FL 33412 ATTN: RONALD MAGGIO RE: "EZELL HESTER, JR. PARK FOOTBALL FIELD PRESSBOX" BID #035-2413-02/KR Dear Mr. Maggio: At the City Commission meeting ofJune 4, 2002, the bid for the Ezell Hester, Jr. Park Football Field Pressbox, was awarded to your company. Enclosed is a Tabulation sheet for your review, along with a Contract signed by the City. Please execute the contract on behalf of vour comoany and return it to me at vourearliest convenience. As stipulated within the Bid specifications, your company's original Certificate ofInsurance is to be provided to our. Risk Management Department at your earliest convenience, naming the City as additional insured, At this time your 100% Public Construction Bond is required. Your 5% Bid Bond will be returned, and a Purchase Order will be issued along with a "Notice- To-Proceed" after all required documents are received and approved. We thank you for responding to this project. If you should have any questions regarding this bid, please feel free to contact my office at (561) 742-6322, Sincerely, ~H~~ Bill Atkins Deputy Director of Financial Services Iktr Enclosures: Tabulation Sheet, Contract signed on behalf of the City cc: Bill DeBeck, Project Manager Clem Bucher, Contract Administrator Wally Majors, Recreation Director Marshall Gage, Police Chief Central File File America's Gateway to the Gulfstream The Cit)1 of I J3o~nto"'Beaeh I. .. . . .H . ~nnDlf Sl:rVII:t:$ . · 100 B. B.)l1J191J.BCddI &Juln_a I P.O. Bo~3~O ~tfn 1k.".P&'t<ififg 3342s..fJ310 2"~"b9- N,,: (561). 742.6320 I FAX: (S61) 742-6306 I I RJM Bu4.DERS, INC. 120790RjANGE BLVD. WEST PALM BEACH, FL 33412 ATTN: R NALD MAGGIO NOTICE TO PROCEED TO: DATE: July 11, 2002 PROJECT: "EZELL STE~ .TR. PARK FOOTBALL FIELD PRESSBOX" BID #03 241J..02/KR You lIhalJ co. """..,.. W..J 'IlK in """'" ... dan. .ce WI. . . th the Agre.. _en! d. atod: Juu. e 4. 200:2 on or before 224200Z and you are toe mplete the WORK within 120 CALENDAR DAYS thereafter. The date of completion 0 allWORK is therefore: November 1& 2002 The Contractor's point o~sowce for all activity relating to this project will be: Julv Contad Penon: Bi DeBeek hject Manager (561) 742-6486 Ellgineer: St plieD Boruff (561) 471-8520 St phen Boruff, AlA, Architects & Planners I CITY OF BOYN ONBEACH ~~APJ? Bill Atkins, Deputy Dire CCEPTANCE OF NOTICE Receipt of the abov'c NO ICE TO PROCEED is hereby acknowledged by: &1I1fL}) . MJk;:h(o Date: ..;J;2y /6 ~ ;" cd.. Print Name I Signawre; ~..eA ~y TiU.: r~$ID$..t!-r _ . I c: ~t I Ccnll'al File Finatlce' I File: I America's Gate1W9' to du Gulfttream I I