R05-0511
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RESOLUTION NO. R05- C) ~' I
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE AWARD
OF BID #016-2821-05/JA TO SOUTHEAST
DRILLING, INC., FOR THE EAST PLANT
EXPANSION TEST WELLS AND AQUIFER
STORAGE AND RECOVERY WELL TWO IN
THE AMOUNT OF $5,723,035.00, PLUS AN
OWNER'S CONTINGENCY OF 15% IN THE
AMOUNT OF $858,455.25 FOR A TOTAL
PROJECT BUDGET APPROPRIATION OF
$6,581,490.25; AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT
DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, three competitive bids were received and opened by
~rocurement Services on February 2, 2005, for the East Plant Expansion Test Wells
tnd Aquifer Storage and Recovery Well Two, and together with CH2M Hill, Inc., our
lesign professional, staff is recommending the award to Southeast Drilling, Inc., as
he lowest, most responsive, responsible bidder who meets all specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
7OMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and
:onfirmed as being true and correct and are hereby made a specific part of this
~esolution upon adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida,
tereby approves the award of Bid #016-2821-05/JA to Southeast Drilling, Inc., for the
last Plant Expansion Test Wells and Aquifer Storage and Recovery Well Two, and
loes hereby authorize the City Manager to execute a contract in the amount of
;:\CA\RESOXAgreements\Bid Awards~Award of Bid - Southeast Drilling (East Plant).doc
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total
iCc
plus an owner's contingency of 15% in the amount of $858,455.25 for
project budget appropriation of $6,581,490.25, a copy of said Contract is
hereto and made a part hereof.
Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this .~ day of ~r~ [ ,2005.
CITY OF BO~T~._~..~BEACH, FLORIDA
~--~Vice Mayor
,C ~ommis
Commissioner
Clerk
:\CA\RESO~Agreements\Bid Awards~Award of Bid - Southeast Drilling (East Plant).doc
BID TITLE: EAST PLANT EXPANSION TEST WELLS AND AQUIFER STORAGE AND
RECOVERY WELL TWO
BID NUMBER: 016-2821-005/JA
PROJECT NUMBER: WTR093 & WTR108 "
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this ~ day of ~1"~ [ ,
200~', by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the "CITY" or "OWNER" and
a Florida Corporation ( ) Check One
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
hereinafter called "CONTRACTOR".
WlTNESSETH
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:
EAST PLANT EXPANSION TEST WELLS AND
AQUIFER STORAGE AND RECOVERY WELL TWO
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the __ day of , 200__, for the total bid amount of
$ ; and,
WHEREAS, On the __ day of , 200~, 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 300 calendar days as specified in the Notice to Proceed,
subject to CITY approved time extensions.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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Utilities Department Bid #016-2821-05/JA
1. AGREEMENT
1.1.
The Parties agree that:
1.1.1.
1.1.2.
The foregoing "Whereas" clauses are true and correct and incorporated
herein by this reference.
The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3.
The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4.
Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
2.2.6
2.2.7
2.2.8
2.2.9
2.2.10
2.2.11
2.2.12
2.2.13
2.2.14
Advertisement for Bids
Instructions for Bidders
Bid Proposal
Bid Bond
General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
Supplemental Conditions for Construction (SCC) - all references to
"SCC" shall be to section numbers
Construction Contract
Certificate of Insurance
Public Construction Bond
Technical Specifications
Contract Drawings and Plans
Addenda
Written directives or interpretations
Manufacturers warranties
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Utilities Department Rev. 12/30/03
3. OBLIGATIONS OF CONTRACTOR
3.1.
Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with
a copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth
in the General Conditions for Construction GC-24, WARRANTY.
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS.Comply with the provisions of Section 255.05, Florida
Statutes, if applicable.
3.1.7.
3.1.8.
3.1.9.
Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment fi.om 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.
Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
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Utilities Department Rev. 12/30/03
3.1.8
3.1.9
Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.10 Perform such other tasks as set forth in the Contract Documents.
3.1.11
Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2
The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1.
City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2.
Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3.
On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1.
CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within 300
calendar days thereafter.
5.2.
Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
C-4
Utilities Department Bid #016-2821-05/JA
5.3.
CONTRACTOR shall notify the Project Engineer in writing of any~:hange in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors fi.om those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1.
The CONTRACTOR further agrees to pay $ 2~000.00 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 300
calendar days fi.om the Commencement Date as indicated in the written "Notice to
Proceed". The CITY shall have the right to deduct said liquidated damages fi.om
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages fi.om 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.
6.3.
In addition to the provisions of Section 27 of Instruction to Bidders which provide
for Liquidated Damages in the event Substantial Completion and Final
Acceptance dates are not met, Section 6 of this document establishes liquidated
damages associated with interim deliverable milestones.
6.3.1.
Supplemental Conditions for Construction, SCC - 4, INTERIM
MILESTONES, Paragraphs 4.3.1, 4.3.2, and 4.3.4 and Technical
Specifications for Construction, 01010, SUMMARY OF WORK, outline
interim deliverable milestones that coincide with completion of the
project.
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Utilities Department Bid #016-2821-05/JA
8. INDEMNIFICATION
8.1.
The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2.
CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3.
The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct fi-om 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.
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Utilities Department Rev. 12/30/03
10. CHANGES IN THE WORK
10.1.
The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3.
Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
1 I. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Dave Smith, P.C,., CH2M Hill.
11.2.
The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3.
As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the fmal decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
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Utilities Department Rev. 12/30/03
13. CONTRACT CONTROLS
13.1.
This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2.
In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-17, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document
14. TIME OF ESSENCE
14.1.
Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
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
provision.
and understands the above
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Utilities Department Rev. 12/30/03
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 Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
16.2
Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
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Utilities Department Rev. 12/30/03
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 wimes/ied
in the presence off /
Attest: · :
CITY OF BOYNTON BEACH, FLORIDA
~ City Manager
tApproved as to Form:
[ t(c ~.. City' Aftomey
Signed, sealed and wimessed
in the presence off
CONTRACTOR
President or Vice President
State of Florida
County of Palm Beach
)
) SS:
Attest as to CONTRACTOR
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.
My Commission Expires:
Notary Public
C- 10
Utilities Department Rev. 12/30/03
CITY CLERK'S OFFICE
MEMORANDUM
TO:
FROM:
DATE:
RE:
.lanet Allen
Buyer
.lanet M. Prainito
City Clerk
April 7, 2005
RESOLUT]:ON NO. R05-05:[ - Contract with Southeast Drilling
Services~ ]:nc. for the East Plant Expansion Test Wells and Aquifer
Storage and Recovery Well Two - B]:D #0:1.6-282:1.-05/.1A
Attached is the partially executed original contract for the above-mentioned bid. Once
the contract is fully executed, please return the original to this office for Central File.
Please contact me if there are any questions. Thank you.
Attachments
Copy: Central File
S:\CC\WP~,FTER COMMiSSION\Departmental Transmittals\Janet Allen - 04-05-05 meeting - East Plan Expansion Test Wells.doc
ROS-05)
RID TTTTR EAST PLANT EXPANSTON TEST WELLS ANn AQTITFER STORAGE ANn
RErOVERY WETT, TWO
BID NUMBER: 01 0- 2R21 -OO~/T A
PROJECT NUMBER: WTR 091 &. WTR 1 OR
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
TillS CONTRACT, made and entered into this 5th day of April, 2005, by and between
the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and Southeast Drilling Services, Inc,
a Florida Corporation LX->
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor ~
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction project ("Project")
identified by the bid title, bid number and project number listed above and commonly referred to as:
EAST PLANT EXPANSION TEST WELLS AND
AQUIFER STORAGE AND RECOVERY WELL TWO
WHEREAS, Contractor, in compliance with the bidding requirements announced by the
City, submitted a bid on the 1st day of February, 2005, for the total bid amount of$ 5,721,015.00;
and,
WHEREAS, On the 5th day of April, 2005, 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.1O.fl calendar days as specified in the Notice to Proceed,
subj ect 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:
1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing "Whereas" clauses are true and correct and' incorporated
herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction GC-2, INDEPENDENT
CONTRACTOR.
1.1.5. Unless otherwise provided, all time frames referenced III all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The "Contract Documents" are the compilation of the following individual
documents:
2.2.1 Advertisement for Bids
2.2.2 Instructions for Bidders
2.2.3 Bid Proposal
2.2.4 Bid Bond
2.2.5 General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6 Supplemental Conditions for Construction (SCC) - all references to
"SCC" shall be to section numbers
2.2.7 Construction Contract
2.2.8 Certificate of Insurance
2.2.9 Public Construction Bond
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
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.
3.1.2Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3. 1.4 CONTRACTOR shall furnish each subcontractor or material supplier with a
copy of his Public Construction Bond within five (5) days of
subcontractors' work or material supplying and shall maintain records to
establish that notice. A copy of said notice shall be provided to the City's
Project Manager at time of issuance.
3.1.5 Guarantee all work and materials for a period of one (1) year, as set forth in
the General Conditions for Construction GC-24, WARRANTY. .
Warranty period shall commence with date of final acceptance as set forth
in the Technical Specifications for Construction 01700, EXECUTION
REQUIREMENTS. Comply with the provisions of Section 255.05,
Florida Statutes, if applicable.
3.1. 6 Pay promptly, before final settlement, any and all claims or liens by
subcontractors or material suppliers, incurred in and about this work.
3.1. 7 Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1. 8 Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.9 Obtain written approval from the CITY of all subcontractors not disclosed in
the Contractor's bid document.
3.1.10 Perform such other tasks as set forth in the Contract Documents.
3.1.11 Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) of the
Award of the Project.
3.2 The CONTRACTOR will be held responsible for the care, protection and condition
of all work until final completion and acceptance thereof, and will be required to
make good at his own cost any damage or injury occurring from any cause
resulting from their acts or omissions, or the acts or omissions of their
subcontractors or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre-
Construction Meeting.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract within (10)
calendar days of the Commencement Date specified in the written "Notice to
Proceed," and to achieve Substantial Completion without interruption within .1O.fl
calendar days thereafter.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages, the amount stipulated in Section 6.0
hereinbelow for each and every calendar day that the CONTRACTOR shall be in
default of achieving certification of Substantial Completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Proj ect Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay ~ 2,000.00 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 .3JlQ
calendar days from the Commencement Date as indicated in the written "Notice to
Proceed". The CITY shall have the right to deduct said liquidated damages from
any amount due, or that may become due the CONTRACTOR, or to collect such
liquidated damages from the CONTRACTOR or his Surety.
6.2. Punch list items recorded as a result of inspections for Substantial Completion are
to be corrected by the CONTRACTOR within thirty (30) calendar days and prior
to any request for Final Inspection, Testing and Acceptance as stated in the
General Conditions for Construction (GC-50). If the Substantial Completion
punch list items have not been corrected by the CONTRACTOR, within the thirty
(30) calendar day period at the discretion of the Project Manager, Liquidated
Damages may be applied as described in Section 6 above.
6.3. In addition to the provisions of Section 27 of Instruction to Bidders which provide
for Liquidated Damages in the event Substantial Completion and Final
Acceptance dates are not met, Section 6 of this document establishes liquidated
damages associated with interim deliverable milestones.
6.3.1. Supplemental Conditions for Construction, SCC - 4, INTERIM
MILESTONES, Paragraphs 4.3.1, 4.3.2, and 4.3.4 and Technical
Specifications for Construction, 01010, SUMMARY OF WORK, outline
interim deliverable milestones that coincide with completion of the
project.
6.3.2 Failure by the CONTRACTOR to complete the work by the interim
deliverable milestones may cause the CITY to suffer damages. Therefore,
in such an event, the CITY shall be entitled to Liquidated' Damages of
~ 2,000.00 for each and every day until the completion of the interim
deliverable milestone and acceptance by the Engineer and Project Manager
(SCC - 4, Paragraph 4.3.3, is NOT subject to Supplemental Liquidated
Damages). Each interim deliverable milestone will be evaluated
separately.
6.3.3. Paragraph 6.3 shall only apply with respect to interim deliverable
milestones and liquidated damage payments for failing to meet the
described interim milestones. Nothing in this section shall impact, be
construed as, or constitute a waiver of the CITY's rights to liquidated
damages as provided in Section 27 of the Instruction to Bidders and
Section 6 ofthis document.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the Technical Specifications for Construction,
01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE
PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR
WATER TREATMENT PLANT PROJECTS.
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute~
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum being
adjusted accordingly. All such work shall be executed under the conditions of the
original Contract. Any claim for extension of time caused thereby shall be made
in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction GC-46, FIELD
CHANGE DIRECTIVES/CHANGE ORDERS.
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is Dave Smith, P.G., CH2M Hill.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction GC-27, INSURANCE.
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction GC-17, CONTRACT INTERPRETATION. In reconciling
conflicting provisions of the Contract Documents, the Contract shall have the
greatest weight, followed by the General Conditions for Construction and finally
by the balance of the Contract Document.
13.3 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.
14. REMEDY FOR DELAY
14.1. 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.
14.2. 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 re (j understands the
above provision.
INTIALS
14.3. 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.
14.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction GC-23, EXTENSION
OF TIMEINO DAMAGES FOR DELAY.
14.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
15. DISPUTES
15.1. Disputes shall be resolved as set forth in the General Conditions for Construction
GC-18, DISPUTES.
15.2. Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City
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,
S. igned, sealed an.. . d wiID.e e.i s ed
in the presence of: /; ,
<<-d~ /ZC~)
Attest:
Signed, sealed and witnessed
in the presence of:
~ ;fJ'fr AJ/? . J
State of Florida
County of Palm Beach
CITY ~:CH' FLORIDA
City Manager
LI( 1.:( ;:)"
CONTRACTOR
)
) ss:
)
On this \ \ ~ day of \A \l ,', \ , 20~ personally appeared before me, duly authorized
to administer oaths, Y \\ ~'- ~Q'--~ 7- ~ ~ known to be the
persons described herein or who has produced' H A as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires: 3( l~ I~
Utilities Department
L'&D~~'~
Notary Public ,~
C - 10
Rev. 12/30/03
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
Po. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6310
FAX: (561) 742-6316
April 11, 2005
Revised Edition
SOUTHEAST DRILLING SERVICES, INC.
P.O. BOX 271723
TAMPA, FL 33688
ATTN: BART ZIEGLER
RE: "EAST PLANT EXPANSION TEST WELLS AND AQUIFER STORAGE AND
RECOVERY WELL TWO
BID # 016-2821-05/JA
Dear Mr. Ziegler:
At the City Commission meeting of AprilS, 2005, the Bid for "EAST PLANT EXPANSION
TEST WELLS AND AQillFER STORAGE AND RECOVERY WELL TWO" was
awarded to your company.
Enclosed is a contract signed by the City. Please execute on behalf of your company and return it
at your earliest convenience.
As stipulated within the Bid specifications, your company's original certificate of insurance is to
be provided to our Risk Management Department at your earliest convenience, naming the City
as additionally insured. At this time, your Construction Bond is required.
A Purchase Order and a Notice- To-Proceed will be issued upon receipt of the required
documents and your 5% Bid Bond will be returned.
We would like to thank you for responding to this Bid and look forward to working with you.
If you have any questions please contact this office at (561) 742-6322.
Sincerely,
~~
Mary Munro
Assistant to the Finance Director / Purchasing Agent
/ja
Enclosures:
Tabulation Sheet
C: Paul Fleming - Sr. Project Manager
Barb Conboy - Manager - Utilities Administrator
File
Karen Riseley - Utilities Contract Coordinator
Central File
America s Gateway to the Gulfstream
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
Po. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6320
FAX.' (561) 742-6306
April 6, 2005
SOUTHEAST DRILLING SERVICES, INC.
P.O. BOX 271723
TAMPA, FL 33688
ATTN: BART ZIEGLER
BID: "EAST PLANT EXPANSION TEST WELLS AND AQUIFER STORAGE
AND RECOVERY WELL TWO"
BID# 016-2821-05/JA
Dear Mr.Zeigler:
At the City Commission meeting of AprilS, 2005 the BID for "EAST PLANT EXPANSION
TEST WELLS AND AQUIFER STORAGE AND RECOVERY WELL TWO" was awarded
to your company.
As stipulated within the BID specifications, your company's original certificate of insurance is to
be provided to our Risk Management Department at your earliest convenience, naming the City
as additionally insured.
Enclosed is a Tabulation Sheet for your review. The Contract will be forthcoming under separate
cover.
We would like to thank you for responding to this BID and look forward to working with you.
If you have any questions please contact this office at (561) 742-6322.
Sincerely,
~~
Mary Munro
Assistant to the Director of Financial Services
Ija
Enclosures:
cc:
Tabulation Sheet ,Oirginal 5% Bid Bond
Paul Fleming - Senior Project Manger
Karen Riseley - Utilities, Contract Coordinator
Barb Conboy - Manager, Utilities Administration
Central File
File
America s Gateway to the Gulfstream
The-City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
p.D. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742'6320
FAX' (.1)61) 742-6.'106
NOTICE TO PROCEED
TO: SOUTHEAST DRILLING SERVICES, INC.
P. O. BOX 271723
TAMP A, FL 33688
DATE: APRIL 26, 2005
PRO..TECT: "EAST PLANT EXPANSION TEST WELLS AND AQillFER STORAGE AND
RECOVERY WELL TWO"
BID#:
016-2821-05/JA
Contractor shall commence WORK within ten (10) calendar days of the Commencement Date specified
below in accordance with the Agreement dated: April 5. 2005. Contractor shall achieve Substantial
Completion without interruption within 300 calendar davs thereafter.
Commencement Date: May 10, 2005
Operational Completion of the ASR-2 Facility: August 15, 2005
Substantial Completion of all work associated with ASR2-2: October 13, 2005 (60 consecutive
calendar days from August 15, 2005)
Final Inspection. Testin!! & Acceptance ofTMW-l and TPW-1: October 6, 2005 (150 consecutive
calendar days after the issuance of the NTP)
Final Inspection. Testin!! & Acceptance of TMW-2 and TPW-2: March 4, 2006 (150 consecutive
calendar days after the accepted completion ofTMW-l and TPW-l
Substantial Completion: March 5, 2006
Final Acceptance Date: April 3, 2006
Interim operational/substantial completion dates are set forth in the Supplemental Conditions (SCC-4),
Contract for Construction Services (6.3) and the Technical Specifications (01010).
NTP_l
ntlSc L,
April 15, 2005
Notice to Proceed
Bid #016-2821-05/JA
The Owner's designated representative for all activities relating to this project will be:
Contact Person: Paul M. Fleming Department: Project Management Team
Title: Sr. Project Manager Telephone: (561) 742-6487
Engineer: David Smith, P.G. CH2M Hill
Title: Project Engineer Telephone: (964) 426-4008
.~~
Mary Munro, Assistant to the Finance Director/Procurement
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by:
7"/;lGhS-
0. 11 ~/~
Print Name
Date:
Original
c:
-\
Title: ~JW~;r-
NTP-2
~
PA YMENT BOND
,
Bond Number: 929352865
KNOW ALL PERSONS BY THESE PRESENTS, That we __.__.___.._.
Southeast Drilling Services, Inc.
..-------..--
P.O. Box ~]_1}..?}
_of
--, hereinafter
referred to as the Principal, and
as Surety, are held and firmly bound unto
of Boyt:..<:.n ~each, FL _, hereinafter
referred to as the Obligee, In the sum of Five ~~:!:..o~ Seven Hundred Twenty ThreeThousand
Thirty Five and UU/IUU
Dollars ($ 5 , 723 , 035 . 00 ), for the payment of which we bind ourselves, our legal representatives, SUCcessors
and assigns. jointly and severally, firmly by these presents.
Tampa, FL ,33688
Western Surety Company
......""--.-- ---- --
City of Boy ton Beach
--'--'---1
VJHEREAS. Principal has entered into a contract with Obligee, dated S ~'- day of ~~
LDD~_,fur East Plan!_Expansion Test Wells and Aquifer Storage
and Recovery Well Two
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contraot it
being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(b) Other than In a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED. SEALED AND DATED this
14
d f April, 2005
ayo
_ ._-~~S~~~~S~?~~~~J,dc.~_.~_ ~_~~.~ e_~ E ~ ( .
(Princi~1)
By ~~ jJ.~_ ~__(Seal)
By weswm~~>HanY-- _ ,=>
f1.it.1.. o.I2-l Ro~~ AUorney.jn.Fact
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 State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Michael Wayne Rogers, Mark Allen Argo, William Cyrus Owen III, Danny James Ryan,
Sharon Elaine Taylor, Charles Ronald Salyer, Individually
of Temple Terrace, FL, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized 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 to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 19th day of November, 2004,
WESTERN SURETY COMPANY
/?/~
Paul ,Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha
} ss
On this 19th day of November, 2004, before me personally came Paul T. Bruflat, 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 the Senior Vice President of WESTERN SURETY COMPANY descnbed in and
which exeCuted the above 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 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 expires
November 30, 2006
+~~~~~~~~~~~~~-~~~~~~~~~~+
: D. KRELL :
, ,
:~NOTARY PUBUC~:
'~SOUTH DAKarA ,
, ,
+~~~~~~~~~~~~~~~~~~~~~~~.
~
~!P"bH'
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 certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
WESTERN SURETY COMPANY
g. ~~"~s=-
Form F4280-0 1-02
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company,
Section 7, All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize, The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company,
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
PERFORMANCE BOND
Bond Number:
929352865
KNOW ALL PERSONS BY THESE PRESENTS, That we h_ _._.~"..____.._.......__.._ ..... . _. __ ___.. _. ._ ___~..__....._
Southeast Drilling Services, Inc.
..-.------.--...--....----
.- '--------.--.-. of
p . o. Box 271 7 2 3 T~mp~.~. FL 33688
'- , hereinafter
referred to as the Principal, and !V~~rn SurE7.ty Company _ .~
as Surety, are held and firmly bound unto City of Boy ton Beach ______
of _ Boy ton Be?-ch, FL ___, hereinafter
referred to as the Obligee, in the sum of Five Million Seven Hundred Twentv Three Thousand
Thirty Five and 00/100 .
Dollars ($ 5 . 723 . 035 . 00 ), for the payment Of Which we Drnd oL!rse/ves, our legal representatives, SUccessors
and assigns, jointly and severally, firmly by these presents. .
WHEREAS. Principal has entered into a contract with Obligee, dated the
~,ror~?t Plant Expansion Test Wells and
and Recovery Well Two
5~ dayo, ~~
Aquifer Storage
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and
void; otherwise it shall remain In full force and effect
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in whJch the work or part of the work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs. executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this ~__ day of April, .20 0 5 ,___ _ __.'
S c'> u t helA. s t f){'j'j) l'''j 5 @ "" l.J I C. e SJ ~
.5..suJ. .'fA----P.:..~J. 'e &1-~ J':'__ _"____._
(Principal)
By _._~.i?...:..~_.__. (Seal)
Form F~5~7
Western Surety Company
:- ;/~~IY)-
f/.~. J. tU--1 ~S
. (Seal)
Attcrne)'-in-FaCI
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 State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Michael Wayne Rogers, Mark Allen Argo, William Cyrus Owen Ill, Danny James Ryan,
Sharon Elaine Taylor, Charles Ronald Salyer, Individually
of Temple Terrace, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized 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.
la Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 19th day of November, 2004.
WESTERN SURETY COMPANY
;?/~
Paul ,Bruflat, Senior Vice President
Slate of South Dakota
County of Minnehaha
} ss
On this 19th day of November, 2004, before me personally came Paul T. Bruflat, 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 the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above 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 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 expires
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D.KRELL ~
, ,
~~NOTARY PUBLIC~:
'~SOUTH DAKOTA ,
, ,
+~~~~~~~~~~~~~~~~~~~~~~~+
~
~MIi'
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 certify that the By-Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
WESTERN SURETY COMPANY
cr ~:..~=-
Form F4280-OJ-02
MEMORANDUM
TO: RISK MANAGEMENT
FROM: JANET ALLEN
BUYER
DATE: APRIL 5, 2005
SUBJECT: INSURANCE REQUIREMENTS
RELEASE
Attached you will find the insurance requirements for the following:
BID: 016-2821-05/JA
NAME OF PROJECT: EAST PLANT EXPANSION TEST WELLS AND
AQUIFER STORAGE AND RECOVERY WELL TWO
USER DEPARTMENT: UTILITIES
AWARDED VENDOR: SOUTHEAST DRILLING SERVICES, INC.
VENDOR PHONE #/CONT ACT: 813-968- ~ 7277 - ~ '7\'ii-!q L.E. r<..
AWARDED AMOUNT: $5,723,035.00
COMMISSION/AGENDA DATE: APRIL 5, 2005
CALENDAR DAYS:
300
WHEN ALL INSURANCE REQUIREMENTS HAVE BEEN MET AND ALL FORMS
RECEIVED BY YOUR DEPARTMENT PLEASE SIGN THE BOTTOM OF THIS FORM
AND ATTACH COPIES OF COMPLETED INSURANCE FORMS FOR OUR BID FILES.
UNTIL WE HAVE RECEIVED THIS FORM FROM YOUR OFFICE, WE WILL NOT
PROCESS A PURCHASE ORDER OR A "NOTICE TO PROCEED" ON THIS PROJECT.
.~Ut
EMPLOYE FROM roSK MANAGEMENT
::1-1- @~
(
DATE RETURNED TO
PROCUREMENT SERVICES
PLEASE ATTACH A COPY OF THE CERTIFICATE OF INSURANCE TO THIS FORM
/
. . - - - -- l;I:K IIFIGA TE UF LIABILITY INSURANCE _. -. - \.......--., . . . J
TM I APR 15 05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ASSOCIATES AGENCY, INC, ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
PO BOX 16190 HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
11308 N, 53RD ST. AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
TEMPLE TERRACE FL 33687 I
INSURERS AFFORDING COVERAGE NAIC#
!
INSURED ----: INSURER A: AUTO OWNERS INSURANCE CO.
SOUTHEAST DRILLING SERVICES INC. IINSURER B: OWNERS INSURANCE CO,
P,O, BOX 271723
TAMPA FL 33688-1723 jlNSURER C:
INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AD~ TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE i Pg~~: 1~:'~"b'~N I LIMITS
LTR INSR DATE IMM/DDIYY1'
I GENERAL LIABILITY 20519848-942312 JUL 1 04 JUL 1 05 EACH OCCURRENCE $ 1,000,000
~.M'''",- G'"'''' '"",m ~~~.~~~!O RENTEO $ 50,000
CLAIMS MADEI~ OCCUR MED. EXP (Anyone person) $ 5,000
B PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 1,000,000
Ii POLICY ii PROJECT n LOC
AUTOMOBILE LIABILITY 41-429-949-00 JUL 1 04 JUL 1 05 COMBINED SINGLE LIMIT
Xl ANY AUTO (Ea accident) $ 500,000
-
ALL OWNED AUTOS I BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
A I I-
I X HIRED AUTOS BODILY INJURY
1- $
.~ NON-OWNED AUTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT $
~ ANY AUTO I OTHER THAN EA ACC $
AUTO ONLY: M'''' $
EXCESS / UMBRELLA LIABILITY 43-462-317-00 I JUL 1 04 I JUL 1 05 EACH OCCURRENCE $ 5,000,000
~ OCCUR D CLAIMS MADE AGGREGATE $ 5,000,000
A I
$
~ DEDUCTIBLE $
RETENTION $ 0 I 1$
WORKERS COMPENSATION AND 20640738-031712 SEP 1 04 SEP 1 05 I I WC STATU- I I OTHER
I
EMPLOYERS' LIABILITY
A ANY PROPRIETORlPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ 500,000
If yel, describe under
SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ 500,000
OTHER: I I
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I
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS
CITY OF BOYNTON BEACH IS AN ADDITIONAL INSURED,
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10
CITY OF BOYNTON BEACH DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
100 E. BOYNTON BEACH BLVD. INSURER, Irs AGENTS OR REPRESENTATIVES.
BOYNTON BEACH, FL 33425 AUTHORIZED REPRESENTATIVE ~~~
Attention: 561-742-6357 -TARA Mike Ro rs ~
ACORD 25 (2001/08)
Certificate #
69993
@ACORD CORPORATION 1988
BID BOND
STATE OF FLORIDA
)
COUNTY OF PALM BEACH
)
P. . a1 Western Surety Company
as nnclp , and .
KNOW ALL MEN BY THESE PRESENTS, (hat ~nn""hprl~t- nri 11 i ng Servi c.f>S, Ioc.
, as Surery, authorized to do
business in rhe State of Florida are held and firm]y bound Unto rhe Owner, l'iry ("If'R("IynT("IT1 'Rt"'arh
Five Percent of Bid
in the penal sum of
Dollars ($ 5% of bi9 lawful money of the United Stares, for the paymem of which sum will
and truly to be made, we bond ourselves, our heirs, executors, ctdminiso-arors, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBUGATION IS SUCH, that whereas the Principal has
submined the accompanying bid, dated :f4,JUA,(ty J,
, 20~, For;
F.A.'~T PI.A NT RXPA ~TON TF.~T WRLr.s ANn
AQTTTF'RR ~TORA~F. A NJ) RJ;:("OVJ;:RV WFJ,L TWO
NOW THEREFORE,
A. If the principal shaH not wirhdrawsaid Bid within ninety (90) clays after dare of opening
of the ~ame, ~ncl ~hilll wit-hin ren (10) days after the prescribed forms are presented ro
him for signatUre, emer into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surery or sureties, as may be
required, for the faithful performance and proper fulfil1mem of such Contract, then the
above obligations shall be void and of no effect, otherwise [0 remain in full force and
effect.
BIB. J
B. In the evenr of the withdrawal of said Bid wirhin the period specified, or the failure to
enter into such Connct and give such bonds within tile time specified, if the principal
shall pay the Owner the difference between the amount specified in said "Bid and the
amOunt for which the Owner may procure the required work and supplies, if the Janer
amount be in excess of the fenner then the above obligations shall be void and of no
effect, otherwise to remain in full force.and effect.
IN WITNESS WHERE.&', the above bounded parties have executed this instrument
under their several seals, this ~ day of J4IJu4,t<lY I~ .t.au~, being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of is governing
body.
WITNESS; (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
50oTHE4Sr DRfl..LltVC. ~etev/ce.5, IN<:-
Name afFirm
WITNESS:
~/(/J'1~
Signature of
V,C€
Title
fJ. f). 136)( J. 7 / 7;1..3
Business Address
l4f11tJ4. ADt.C()~ 3"3'ffi>
Ciry and State
BIB - 2
SURETY:
Western Surety Company
Corporate Surety
WITNESS:
~ClA'1 ~ a-r'11.r.-
)
Anorney-in-fac! (affix seal)
P.o. Box 5077
Business Address
Sioux Falls, SD 57117
City State
Associates Agency, Inc.
Name of Local Insurance Agency
BIB. 3
CERTIFICATE AS TO CORPORATE PRINCIPAL
4Sonya P. Ziegler
, certify that I am the Secretary of the Corporation named
as Principal in the within bond; that William Ziegler
who signed the said Bid Bond
on behalf of the Principal, was then Vice President of said Corporation; that I know has
signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body.
~~'~~
Secretary (corporate Beal)
STATE OF FLORIDA
)
COUNTY OF~~I8:H HILLSBORQUGH
Before me, a Notary Public duly commissioned, qualified and acting, personally appeared
W. Z i eg 1 e r to me well known, who being by me first duly sworn upon oath, says
that he is the Attorney-in-Fact, for the SOUTHEAST DRILLING SERVIc.iia~a~~; has been
authorized by Sonya P. Ziegler
to execute the foregoing bond on behalf of the
Contractor named therein in favor for the Owner, the City of Boynton Beach.
.
LJJ4~
~o~~;.V. :~q(0 SANDRA PELAEZ GARRISON
~. . MY COMMISSION # DO 178709
* ..
EXPIRES: February 16, 2007
"''1or. OF fCO~{J" Bondlid Thru Budget Notary Services
BIB- 4