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Home My WebLink AboutDocumentation_Regular_Tab 19_08/11/2005 • • • • • � emo � To: Mayor and Council From. Michael R. Couzzo, Jr., Village Manager � Date: 8/5/2005 Re: Recommendation Awarding a bid to West Construction, Inc. of Lantana, Florida in the amount of $2,567,000.00 for the construction of a new Village Hall at 357 Tequesta Drive The administration submits, for your review and consideration, a bid award for the construction of our new Village HaIL This project has been in the development phase for a considerable period of time. The administration, staff and the Village Council have inrorked together effectively, over the past couple ofi years, to design a fiacility especially for our unique Village. 1 believe the proposed facility to be well thought out and designed to meet the long- range needs of the Village. I am attaching, for your review, associated documents related to this award proposaL Additionally, please find an excerpt from the proposed budget and recommended appropriations. In an effort to obtain the best price for construction and to complete the project more effectively, the following items were not included, but will be purchased and/or perFormed by the Village and contractors under separate agreements: 1. Construction Administration - 2. Furniture/FixtureslEquipment 3. Construction-Other a. Audio Visual b. Computer Systems & Components c. Specialized Cable and Phones d. Landscaping/lrrigation 1 4. Construction of Retention Pond 5. Contingency All involved with this project, to which I extend my thanks, have exhausted eonsiderable time and effort. Should you want to meet with me, before the regular Council meeting or if you should have questions or comments, please do not :hesitate to contact me. MRC/ak Attachments • Page 2 r �; 1 :•" s ' : �: � . 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Dept 331 CBOR - Municipal Center Aat Ctass: 600 Cap+tal 0utiay 662.631 Construction 0 2,100,000 2;100,000 0 100,000 2,467,000 2,467,000 2,467,000 662.632 Archited 8 Engeering . 38,232 55,420 62,500 12,500 t8,500 46,000 46,000 662.638 Const Other Prof Fees & Charg 0 0 15,000 4.250 7,500 7.500 7.50U 663.631 Construction - Other 0 0 0 0 0. 237,000 237,000 663.632 Architect � Engineering-Other 0 0 0 0 0 663.635 Demoli�n 0 0 0 0 0 664.603 FumiturelFatureslEquipment 0 166,000 166,000 32,309 ' 32,309 144,OOD 144.00C 699.600 Contingency 0 105.0�0 82,92U 0 Q 50,000 50,OOC Capital0utlay 38.232 2,426.420 2.426.420 49,059 i5fi.309 2.467,000 2.951,500 2.951,50L CBDR - Municipal Center 38,232 2,426,420 2,426,420 d9,059 , 156,309 2,467,000 2,95t,50Q 2,951,50[ __ , . ^ ' " : _ ... . . . . . � . � . . . . .. . . .. . �t' . . ,,, �. , . - •. . . . � � , , � . . f .. r � � . . `- � . � .' , ' � . . . . , . � � . � � �q y � �" � �' . �. ' . . � ' �,�� , . . � � � � ; s . t` � . . . . . . . jy . � .. . . . ti ( q, . . Cj . . . , . :j +'�<' �: :' � . . . . . . �. T � . . � l y;h . .� . � . � � , . .. , . � � . � � . � � ;: . . � � . . . . . . �'� "'� . ,;�rz" �� ' . - . � . � � . � ' . �', � 1 . � .. , . . t � � � . .. . . . . Y: . . . ,. . " . , .. , ✓� . . , . , . . yy , . _ . . � . . . . . � . . ��... . � . . ' . . , . ::r. � ' ' . , . .. �sozv�eioN No. si-o�/os A RESOLUTION OF T8E VILLAGL COUNCIL OF THE VILLAGE OF TLQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING A BID PRdPOSAL TO WEST CON3TRUCTION, INC., OF LANTANA, FLORIDA, IN THE AMOUNT OF $2,567,000.00, FOR THE CONSTRUCTION OF A VILLAGE HALL AT 357 TEQUESTA DRIVE FOR TAE VILI�AGE ADMINISTRATION OFFICES, HAVING A FY 2005/2006 CAPITAL F'vND ALLOCATION OF $2,567,0OO.OQ AND AUTHORIZING THE VILLA�E MANAGER TO EXECUTE TAE APPI,ICABLE D4CUI+�NTS ON BEHALF' OF THE VILLAGE. WSERE.AS, The Village of Tequesta, Florida, has identified the need tor a new Village Hall for Village Administration Offices; and, WHEREAS, the Vil].age of Tequesta, has identified the need fo� a c�ntralized Administration Center with the associated support functions for services to the Community; and WSEREAS, the Architect of record, has secured the best bid proposal for the construction ot the new Village Hall and has recommended that the Village of Tequesta execute the AlA Standard Con.tractors Agreement with the selected contractor; N4W, THEREFORE, BE TT RESOLVLD BY THE VILI�AGE COUNCIL OF THL VII,LAGE OF TEQUESTA, PA?�1 SLACB COUNTY, FL4RIDA, AS FOLLOW3: S�ction 1. Awarding the construction bid to West Construction, Inc., of Zantana, E'lorida, in the amount of $2,567,000.00, for the construction of a new Village Hall for the Village Administrative Offices. Seotion 2. The Village Council hereby authorizes the Village Manager of the Village of Tequesta �o execute all the necessary documents to effectuate the construction of the new Village Hall as described in Exhibit "A", A1A Standard Contractors Agreement and incorporated by reference as part of this resolution. THE FOREGOING RESOLUTION WA5 OFFZRED by Council Member , who moved its adoption. The motion was seconded by Council Member , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGASNST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this 11� day of Augus�, A.D., 2005. MAYOR OF TEQUESTA Jim Humpage, Mayor ATTEST: Gwen Carlisle Village Clerk OH2M HILL OnQ Hurvard Ciraie West Palm Beach. FL 33�10&19@3. Te1561.615.6500 � � � �� Fez 561.515.8502 �.:,: 07J'19/24Q5 VILLAGE �F TEQUESTA 250 Tequesta Drive - Suite 300 Tequesfa, FL 33469-Q273 ATT: Michael Couzzo, T�equ��t� 1/iliage �ianager : RE: �TEG2UESTA ViLlAGE tiALL C}ea� Mr. Couzzo: Qn 0711912005. the bids were opened for the construction contrac# for the new Village Hall. Three pre-qualified contractors submitted their bids as follows {copy of bid tabulatian is attached); 1- David Broaks Enterprises: $3,Q12,OQ0 2- •Urban Build`mg Systems Inc: $2,877,900 3- VUest Construction Inc: $2,567,040 We have di5cussed their pecForrnance wifh design prafessianals and �wners of ath�r projects they have constructed previousiy in the pre-qualificatior� phase. The fotlowing projects were designed bq CH2M H1LL and buiit by West Construction ur►der our construction supenrision; Conventional Design-Bid-Build in Palm Beach County: West f'alm Beach Fire� Station #3, West Patm Beach -$3.OM construc#ion cost Loggers Run Park - Regional sports park -$4.5M Wesfern County Restrooms - three new restroams -$4.5M Seminvie Paims/West Boynton Park lmprovements -$Q.575M Design-Build in Paim BeaGh County: � Minto Park Phas� 1- Village of W.ellington -$2M Minto Park Phase 2- Village of Wellington -$1.6M West Construction was 2nd (owest bidder at the large equestr-ian center in Palm;Beach Gounty - based on our design-built experience, West has sufficient bondirig streng#h for irXlividual and aggregate projects to allow them to have numerous multi-rnillion dollar projects underway a# the same time. Wes# has added new hires #or super)ntendents and has a�etd staff that al{ows West to setf-perfc�rm :various construction t�sks.1 have found #hat W�st Constnaction is honest, perfortns quality war�c and is true to their verbal agreements made in the fie(d. � Based on our experience,: it is our professional opinion fhat West Construction have executed cons�ruction in a coffaborative way with owners and de�igners and they pos�ess the c�pacitjr t� accomplish the work. We there#ore recomrnend that fhe Village at Teque�#a appro�e West Construction Inc. as the I�ow base bid eontrac#ar for the project. Very truly y�urs, ,�. �,.."_„ Brian Tavares � (Client Sen+ices Manager) Atiachments. Bid Tabulation dst[ed af 0711912605 e�: tz�b�a�uu, �a��y. F�te �v:\i $18871Adttun�Iiid & PrcquallLo�v bid recommem3alion•doc CH2M HILL Bid Tabulation One Harvard Circie West Palm Beach, FL 33409 ProJect Name: Tequesta Wliage Hall Owner. Vlllage of Tequesta Project No.: 181887 Bid Date/Time: Jufy 19, 2005 Owner No.: O nin tocation: CHZM HILL — WPB, FL Conducted b: Brian Tavares Pro . ArchlEn .: CFf2MHILL ATiACF�IAENT3 REQUIRE.D� �: ;+,� : Bi form Z. Bid Security ; 3. Bid 8ond `: ' 4.• ; t'rancM Amaavtt ,�3. sstiedwe a� sut�ontractorss ADDENDA ATTACHMENTS Tinne ALTERNATE UNIT PRICES BIDDER NAME `BASE BID SUM (dayg) B!D SUMS 1 2 3 4 1 2 3 4 5 ITEM iTEM ITEM {�EM David Brooks Enterprises �- �aa ,000 Y Y Y Y Y Y Y Y Y 53,012,000 2- 511,500 . N/A N!A N/A N/A ........,.�_��._._._�.._.._.__.._._.�_.YY..___ ._._..��.._.�._.�._..__._...._.._� .___��_.__..�_..__.......�...__.__�...�... 1- _._....__.�....._....��._.._......_.........---.:__ DECLINED TO QID Z_ Urban Buiiding Systems �t1C. '�' �� Y Y Y Y Y Y Y Y Y 52,877,900 2- 8,Q00 N!A N/A N/A N/A West Construction Inc 1- 50,760 Y Y Y Y Y Y Y Y Y 52.567,000 2-12,600 �� N lA N!A N/A N/A Results Tabulated By: Brian Tavares 7/I9/OS Project Name: Tequesta �Ilage Hall Owner. �Ila.ge of Tequesta Owner No.: Project No. 181887 Bid Date�fime: Julv 19. 2005 Opening Location: CH2M HIL�., One Harvard Circie. FL 33409 Conducted by: Brian Tavares Proj. Arch/Eng. CH2MHlLL Bidder's Name DAVID BRDOKS ENTERPRISES BID REQUIREMENTS ✓ BID FORM ✓ BID SECURITY ✓ SUBSTiTUT10N SHEET (OPTfONAL) ✓ _ SCHEDULE OF SUBCONTRACTORS ✓ TRENCM SAFETY AFFIDAVIT Bidder's Name URBAN BUILDING SYSTEMS. INC. BID REQUIREMENTS ✓ BID FORM ✓ BID SECURITY ✓ SUBSTITUTION SHEET (OPTIONAL) ✓ SCHEDULE O� SUBCONTRACTORS ✓ TRENCH SAFETY AFFIDAVIT - Bidder's Name WES7 CONSTRUCTION. INC. BID REQUIREMENT� ✓ BtD FORM ✓ BiD SECURITY ✓ SUBSTI7UTION SHEET (OPTIONAL) ✓ SCHEDULE OF SUBCONTRACTORS CH2M HILL Onn Hannud Circla rNeat Paim Boach, FL 33406�1923 Te1561.515.6600 � � �� Fax 664.516.6502 �' Tequest� Yill�ge Matl 6id Matrix �,�; DAVlD BRQaKS URBAN BLDG. SYS. WEST CONSTR. TYPE OF W�RK AMOUN7 AMOUNT AMOUNT Earthwork 40,000 48,000 40,400 P�ving $0,00� 80,OQ0 40,t�(3 Piped utilities 85,OU0 83,�Q0 60�000 Conarete Formwtork 320,000 240,000 22Q.00a Concrete finish w/ conc. Fvrmwork w! conc. Formwork 1Q,OOU CMU supptier w/mason wJ mason 30,OQ0 Mason 53,OQ0 41,000 12A00 S#ee11 fabrication 25,000 25,C}OU 15,Ufl0 Steel erectoc w/ steel fabricatian w! steei fiabrfcation 6,000 Finish carpentry 164,OOa 2d,00d 25,000 Waterpr�ofing 500 8,004 10,000 F{ashirig & sheet metai, w/ roofing wt roofing 14.000 Roa�� Zo,000 � zo,000 � 20,000 Sealant & caulking 50� 2,000 5,OQ0 Doocs & frames 85,Q00 69,000 66,000 Aluminum windaw mfg. 170,t)00 �v! windows instali 2Q,000 Aluminum starefiront wfg. �nrl windaws wf windows instali 2Q.00f1 Window installatian � wlwindaws 140,000 1U,000 Gfass & glazing w/ windows w/ windows install 10,DOi� Lath & piaster 7U,00� 64,000 1OO,OQO Qrywall 170,OQ0 13Q,000 120.040 Ceramic tile 150,000 96:,000 1 UO,UQO Flooring 50,000 " 38,000 50,000 Paiting 30,Q�Q 28,000 40,000 Specialty items 4,004 4,000 14,UOU equipment items 500 1,000 � 2(},OOd Casework w/ finish carpentry 65,000 75,000 Fireprotection 75,000 42,000 57,OOQ Piumbing 40,000 38,000 30,OUa HVAC 19Q,000 240,04� 145,4Q0 Co�t�oi w/ MVAC w! HVAC 30,00� NVAC fe$tintg, adj. and balancing w/ HVAC wf HVAC 5�000 Electrical 380,OOU 320,00� 345,000 Aitemate �1 - storefro�t 4�4,Q04 68,�00 60�764 Altema#e#2 - impact �azing 11;500 9,000 12.600 Allowance #1 - comm, Systems 50;000 inc! wl elecfrical 50,000 Rilowance #2 - interior si na e 10,0(}0 10,000 , 1Q,OOQ ithout overhead and `rofit 2,414,OQ0 2,029,000 1,979,360 - ! �.. � /'1 /� , , � � rvi � �- ' �. / � � , , i tu CH2M HILL -� �- [ r _ �-`, � One Harvard Cirde t l � E% te �� /(� � West Palm Beach, FL 33409-1923 Te1561.515.6500 / �� / �u 1 JllIM � � �� Fax 561.515.6502 ��a�IA�A A� � � ,E� -; �,�l��' �?�fCfC ��;;. May 26, 2005 Michae) Couzzo, Village Manager The Village of Tequesta 357 Tequesta Drive Tequesta, FL 33469-0273 RE: Pre-Qualification of Contactors for Village Hall Dear Michael: We have reviewed all Contractor's Pre-Qualification Statements received on June I 1, 2001 in our West Palm Beach office and which were opened by the Village Manager Mr. Michael J. Couzzo, Jr. The Pre-Qualification screening criteria was based on the following six (6) major areas: 1. Public Safety/Fire Building Experience 2. Public Building Experience 3. Financial Capability 4. Cur�•ent Workload 5. Distance to Site 6. References We have checked references (by telephone) which were submitted with each Contractor's Pre- Qualification Statement. The references are previous clients which the Contractor completed work for. During these phone interviews, we asked each reference the same eight (8) questions that in our opinion are relevant to screen Contractor's performance and reputation based on Client's experience with them (see "Reference Check/Phone Calls" attached sheets). Based on the pre-qualification screening process we recommend the Village of Tequesta to qualify all four Contractors ranked per the pre-qualification scoring criteria of minimum of ten points. They are: First (17 points): David Brooks Enterprises, Inc. Second (14 points): Urban Building System Third (13 points): West Construction , Inc Third (13 points): JMW Construction Corporation For reference the attached rating forms list a114 contractors which submitted. Please don't hesitate to call if you have any questions. Very truly yours, Brian Tavares Project Manager cc: File f . TEQUESTA VILLAGE HALL General Contractor Pre Qualification Selection Valuation Summary Sheet RATING VALUES �o - a� Profile Pre Qualification 0= lowest Screening 4 = highest � � c c d d � � Y Q a � � N x �` . ic w @ Y � �- � � J c Q Y fn O y � v � V � F � y ap '� w c �c � c � m � � � _ �o '� v 'v c � y a � •` .� = d Y L Q' � Q' � L d 1d � = N U LL � U a i.LL C� C � � Applicants 4 4 4 4 4 Comments JMW Construction Corporation 16.5 Boynton 2 3 4 2 4 13 Beach West Construction, Inc. 37 Lantana 4 3 2 2 3 13 Urban Building System 12 Palm City 4 3 3 2 3 14 David Brooks Enterprises, Inc. 14 Palm Beach 3 3 3 4 2 17 Gardens CH2MHILL April, 2005 Page 1 Prequalification form - Tequesta.xls Teques�a Pubiic Safety Facility General Contractor Pre Qualification Selection Reference Check / Phone Calls Contractor: JMW Construction Corporation _ _ - Owner has employed the Client / Reference: Robert K. Wechsler/same contractor consistently for the past 15 years. 1 What Project did Contractor complete for client? Lake Worth Merchandise Mart 2 What was $ Value of Construction? $1,100,000 3 What was Quality of Work? Quality dropped off slightly due to cantractor having so many projects 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 8.5 - Client felt there was very good Client / Reference: City of Atlantis/Ms. Mo Thornton cooperation by the contractor. 1 What Project did Contractor complete for client? Municipal Complex 2 What was $ Value of Construction? $768,000 3 What was Quality of Work? Great 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes. Change orders were minimal and fair. 6 Was Job Properly Staffed? Yes , 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 10 Prequalification form - Tequesta.xls Tequesta Public Safety Facility General Contractor Pre Qualification Selection Reference Check / Phone Calls _ _ Contractor: JMW Construction Client / Reference: City of Delray BeachNictor Majtenyi 1 What Project did Contractor complete for client? Pompey Park - Phases 1 and 2 2 What was $ Value of Construction? $632,000 3 What was Quality of Work? Very Good 4 Was Project Compieted on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes/Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 9 Client / Reference: City of Delray BeachNictor Majtenyi 1 What Project did Contractor complete for client? Delray Swim & Tennis Club 2 What was $ Value of Construction? $143,000 3 What was Quality of Work? Very Good _ 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes/Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes $ Would You Use Him Again? (Rate from 1-10) 9 Prequalification form - Tequesta.xls Tequesta Public Safety Facility General Contractor Pre Qualification Selection Reference Check / Phone Calls Contractor: David Brooks Enter rises, lnc. - Contractor is easy to work and Client / Reference: Okeechobee Country Schools/Dale Barrett very engaged with the project. 1 What Project did Contractor complete for client? Okeechobee High & Central Elementary 2 What was $ Vaiue of Construction? $8,510,000 3 What was Quality of Work? Excellent 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 8.5 • - Client will not hire any other Client I Reference: Lighting LLCIPat Dillion contractor. 1 What Project did Contractor complete for client? Bonded Lightning Warehouse 2 What was $ Value of Construction? $106,900 3 What was Quality of Work? Excellent 4 Was Project Campleted on Schedule? Ahead of Schedule 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 10 Prequalification form - Tequesta.xls Tequesta Public Safety Facility Generai Contractor Pre Qualification Selection Reference Check / Phone Calls Contractor: David Brooks Enterprises, Inc. - Client their involvement in the Client / Reference: City of Delray Beach/Victory Majtenyi project was more hands on than was necessary. 1 What Project did Contractor complete for client? Lake View Golf Clubhouse - Contractor did not handle issues with paving subcontractor well. 2 What was $ Value of Construction? $504,000 3 What was Quality of Work? Good 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes/Some were pricey 6 Was Job Properly Staffed? No but had good subs. 7 Did Contractor Control His Subs? Not very well 8 Would You Use Him Again? (Rate from 1-10) 6 - Client has rehired contractor for Client / Reference: Temple Beth David/Susan Ferrara subsequent jobs. 1 What Project did Contractor complete for client? Tempfe Construction - Very responsive and good recordkeeping. 2 What was $ Value of Construction? $2,100,000 3 What was Quality of Work? Very Good 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) YesNery Fair 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 9 Prequalification form - Tequesta.xls Tequesta Public Safety Facility General Contractor Pre Qualification Selection Reference Check / Phone Calls _ Contractor: Urban Buildin S stems, Inc. Client / Reference: Palm Beach County School District/Jim Wally 1 What Project did Contractor complete for client? Light House Elementary School 2 What was $ Value of Construction? $1,495,890 3 What was Quality of Work? Very Good (8 out 10) 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 8.5 - Feels the contractor will do good Client / Reference: St. Lucie County Solid Waste Authority/Ron Roberts job on the public safety facility. 1 What Project did Contractor complete for client? Debris Processing Facility - Contractor was unfamiliar with this type of facility and this resulted 2 What was $ Value of Construction? $1,559,000 in uneven delivery. 3 What was Quality of Work? Poor 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? No 7 Did Contractor Control His Subs? Fair 8 Would You Use Him Again? (Rate from 1-10) 5 Prequalification form - Tequesta.xls Tequesta Public Safety Facility _ General Contractor Pre Qualification Selection Reference Check / Phone Calis Contractor: Urban Buildin S stems Inc. - Reliable Client / Reference: Okeechobee County School Board/Dale Barre#t 1 What Project did Contractar complete for client? Okeechobee Elementary Schoos (3 projects) - Deal well with project setbacks 2 What was $ Value of Construction? $3,599,900 3 What was Quality of Work? Very Good 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 8.5 - Contractor worked very well with Client / Reference: Okeechobee County Board of County Commissioners/George Long client to resolve budget constraints. 1 What Project did Contractor complete for client? Okeechobee County Public Library 2 What was $ Value of Construction? $1,587,000 3 What was Quality of Work? Very Good 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? NA 7 Did Contractor Control His Subs? NA 8 Would You Use Him Again? (Rate from 1- 10) 9.5 Prequalification form - Tequesta.xls � *� Tequesta Public Safety Facility . General Contractor Pre Qualification Selection Reference Check / Phone Calis Contractor: West Construction Inc. - Contractor was very cooperative. Client / Reference: Palm Beach County/Larry Noegel 1 What Project did Contractor complete for client? Ocean Cay Park - Contractor understood and worked well with the municipal 2 What was $ Value of Construction? $2,500,000 building process. 3 What was Quality of Work? Good 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes _ _ 6 Was Job Properly Staffed? Yes but seemed stretched 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 8.5 Client / Reference: City of Lake Worth/Gerard Oakley 1 What Project did Contractor complete for client? Martin Luther King, Jr. Memorial 2 What was $ Value of Construction? $162,854 3 What was Quality of Work? Very Good 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Within Budget/Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 8.0 Prequalification form - Tequesta.xls . ,. Tequesta Pubiic Safety Facility � General Contractor Pre Qualification Selection Reference Check / Phone Calls Contractor: West Construction, Inc. - Difficult project because the Client / Reference: City of Riviera Beach/Janet Levin initia{ contractor defaulted and West picked it up. 1 What Project did Contractor complete for client? Riviera Beach Acquatics Facility - Contractor corrected items after the warrenty expired. 2 What was $ Value of Construction? $1,900,000 - A little slow due to volume of 3 What was Quality of Work? Okay work. 4 Was Project Completed on Schedule? - 1 Month Late - Have been hired for three more projects 5 Was Project in Budget? Change Orders (fair?) Yes except for change order 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) 10 Clien# / Reference: Village of Wellington/Paul DeBernardo 1 What Project did Contractor complete for client? Gymnasium at Village Park 2 What was $ Value of Construction? $2,968,732 3 What was Quality of Work? Good 4 Was Project Completed on Schedule? Yes 5 Was Project in Budget? Change Orders (fair?) Yes 6 Was Job Properly Staffed? Yes 7 Did Contractor Control His Subs? Yes 8 Would You Use Him Again? (Rate from 1-10) Yes Prequalification form - Tequesta.xls Page 1 of 1 Anne Koch R2C81V�d From: Brian.Tavares@CH2M.com A�� Sent: Friday, August 05, 2005 11:33 AM To : akoch@tequesta.org VIIIr��C IVigt" Off Subject: Performance Bond for the Viilage Hall Anne, As per your request please find attached Performance Bond (A312), 1 also attached the Standard form of Agreement Between Owner and General Contractor (A101). Note that these are standard American Institute of Architects documents, they were issue with the project specifications book to all bidders. The Agreement document A101 was edited to match the comments that the Village Attorney made for the same Agreement for the Public Safety Building. Let me know if you I can assist you with any questions. Have a happy Friday, Brian Tuvares sen�or ar�hite�t Ea� archit�ctura3 group 6��der C �3 2 � ��i �d�s� P�It� ��, f� ��fl� T�i: [�6�15i5-6630 8/5/2005 � � � TM � � �. -y.� Document A141 -1997 � Standard Form of Agreement Befween Owner and Contractor where the basis of payment is a STIPULATED SUM � AGREEMENT made as of the Fourteenth day of June in the year of Two Thousand and Five (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) � Village of Tequesta, FL ADDITIONS AND DELETfONS: The author of this document has added information needed for its • completion. The author may also have revised the text of the and the Contractor: original AIA standard form. An (Name,`address and other information) Additions and De/etions Report that notes added inforrnation as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of The Project is: this document indicates where the author has added necessary (Name and location) information and where the author I Village of Tequesfa has added to or deleted from the Tequesta, Florida original AIA text. This document has important The Architect is: legal consequences. (Name, address and other information) Consultation with an attorney : is encouraged with respect to CH2M HILL ' its completion or modification. 1 Harvard Circle ' West Palm Beach FT. 33409 AIA Document A201-1997 General Conditions of the Contract for Construction, is adopted in this documenf by The Owner and Contractor agree as follows. reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 TM-1997. Copyright � 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Inter�ational Treaties. 1 Unauthorized reproduction or distribution of this AfA� Document, or any portion of it, may resuit in severe civil and criminaf penaltaes, and wiii be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:30 on 06/20/2005 under Order No.1000144310_1 which expires on 71/02/2005, and is noY for resale. User Notes: (1607826698) ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplemeniary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Conuact as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Gontract Documents, other than Modifications, appeazs in Arficie 8. , ARTICLE 2 THE WORK OF THIS CONTRACT The Conuactor shall fuily execute the Work described in the Contract Documents, except to the extent specifically indicated in the Conuact Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is rnade for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) . � The commencement date: will be fixed in a notice to proceed. If, prior to the commencementof the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests; the Owner's time requirement shall be as follows: � § 3.2 The Contract Time shall be measured from the date of commencement. � I § 3.3 The ContracTOr shall`achieve Substantial Completion of the entire Work not later than 395 days from the date of eommencement, or as follows: {Insert number of calendar days. Alternatively, a ealendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substaretial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. � {Insert provisiores, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) ' ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be ($ ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the foliowing alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 TM-1997. Copyright OO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. W�ARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. 2 Unauthorized reproduction or distrabution of tbis AIA Document, or any portion of it, may result in severe eivil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:30 on 06/20/2005 under Order No.1 000 7 44310_i which expires on 11/02/2005, and is not for resale. User Notes: (1607826698) § 4.3 Unit prices, if any, are as follows: !Description Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for ' Payment issued by the Arehitect, the Owner shall make progress payments on account of the Conuact Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered`by each Application for Payment shall be one calendar month ending on the last day of the month; or as follows: § 5.1.3 Provided that an Agplication for Payment is received by the Architect not later than the Fifth day of a month, the Owner sha11 make payment to the Contractor not later than the Tenth day of the following month. If an Application for�'ayment is received by the Architect after the application date fixed above, payment shall be rnade by the Owner not later than Thirty-five ( 35 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Appiication for Payment shall be based on the most recent schedule of values submitted by the Contractor in aceordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as'of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Conuact Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by - muluplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( . 10.00% ). Pending final deternunation of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nuilified a Certificate for Payment as provided in Section 9.5 of AIA Document A201-1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and AIA Document A101 T"" —1997. Copyright OO 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American institute of Architects. All rights reserved. W�ARNING: This AIA� Document is pratec4ed by U.S. Copyright Law and International Treaties. 3 Unaathorized reproduction or distribution of this QIA Document, or any portion of it, may resuit in severe civil and criminal penalties, and will be prosecuted to the maxEmum extent possible under the law. This document was produced by AIA software at 13:53:30 on 06l20l2005 under Order No.1000144310_t which expires on 11/02/2005, and is not for resale. User Notes: . (1607826698) (Section 9.8.5 ofAlA DocumentA201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surery, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201-1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) � Decrease to 5 percent. :§ 5.1.9 Except with'the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. ' § 5.2 FINAL PAYMENT . § 5.2.1 Finai payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the • Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to conect Work as provided in Section 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and ,2 a final Certificate for Payment has been issued by the Architect. § 533 The Owner's final payment to the Conuactor shall be made no later than 30 days after the issuance of the Arohitect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISfONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Conuact Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) � ( ) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 7.3 The Owner's representative is: (Name, address and other information) AIA Document A101 T"" —1997. Copyright �O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and wiil be 4 prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:30 on 06/20/2005 under Order No.10001443t0_1 which expires on 11/02/2005, and is not for resale. UserNotes: (1607826698) § 7.4 The Contractor's representative is: (Name, address ana' other information) § 7:5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the ' ofher party. : § 7.6 Other provisions: - ARTICLE 8 ENUMERATIQN OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The, Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Gontractor, AIA Document A101-1997. '§ 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997. - § 8.1.3 The Supplementary and other Conditions of the Contract aze those contained in the Project Manual dated , and are as follows Document Title Pages § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: : (Either list the Specifzcations here or refer to an exhibit attached to this Agreement.) � Title of Specifications exhibit: § 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) � Title of Drawings exhibit: § 8.1.6 The Addenda,�if any, are as follows: • Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. § 8.1J Other documents, if any, forming part of the Contract Documents are as follows: (Listhere any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) AIA Document A101 TM-1997. Copyright �O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. 5 Unauthorized reproduction or distribution of this AIA� Docurnent, or any portion of it, may result in severe civil and crimina! penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:30 on 06/20/2005 under Order No.1000144310_1 which expires on 11/02/2005, and is not for resale. User Notes: (1607826698) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) ; (Printed name and title) AIA Document A101 TM-1997. Copyright 01915, 1918, 1925, 1937, 1951, 1958, t 961, 1963, 1967, 1974, 7 977, 1980, 1987, 1991 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of thls AIA� Document, or any portion of lt, may resutt in severe ciyil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 73:53:30 on 06/20/2005 under Order No.t 000i 44310_1 which expires on 11/02/2005, and is not for resale. User Notes: (1607826698) Additions and Delefions Report for AIA� Document A 101 T M -1997 This Additions and Defetions Report, as defined on page 1 of the associaied document, reproduces below aii text ihe author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA teM. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simwltaneousiy by AIA software at 13:53:30 on O6/20/2005. PAGE 1 AGREEMENT made as of the Fourteenth day of June in the year of Two Thousand and Five Villa e of Tequesta. FL Villaee of Tequesta Tequesta, Florida : CH2M HILL 1 Harvard Circle West Palm Beach. FL 33409 PAGE2 The coinmencernent date will be fixed in a notice to proceed. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 395 days from the date of commencement, or as foilows: PAGE3 § 5.1.3 ProVided that an Application for Payment is received by the Architect not later than the Fifth day of a month, the Owner shall make payment to the Contractor not later than the Tenth day of the followine month. If an Application forPayment is received'by the Architect after the application date fixed above, payment shall be , made by the Owner not later than Thirty five ( 35 ) days after the Architect receives the Application for Payment. .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the'percentage completion of each portion of the Work by the shaze of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Wark, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201-1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitabiy stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10.00% ); PAGE 4 Decrease to S er cent• Additions and Deletions Report for AIA Document A101 TM+-1997. Copyright �O 1915, 1918, 1925, 1937, 1951, 1958, 7961, 1963, 1967, 1974, 1977, 1980,1987, 1991 and 1997 by The American Institute of Architects. Alf rights reserved. WARNINCa: This AIA� Docuanent is protected by U.S. Copyright � Law and international �reaties. Unauthorized repraduction or disCribution of this AIA� Document, or any portion af it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:53:30 on 06/20l2005 under Order No.1000144310_1 which expires on 71l02/2005, and is not for resale. User Notes: (1607826698) ( ) per annum PAGE 5 Ses�ie� �le ga�es Title of Svecifications exhibit: ... Al�e� �it1e �ate Title of Drawin�s exhibit: Additions and Deletions Report for AIA Document A101 T"" —1997. Copyright � 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1980, 1987, 1991 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright 2 Law and International 7reaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum exient possible under the law. This document was produced by AIA software at 13:53:30 on 06120l2005 under Order No.1000144310 1 which expires on 11l02/2005, and is not for resale. User Notes: � (1607826698) Certification of Document's Authenticity � AIA� Documenf D401 T"' — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deleuons Report and this certification at 13:53:30 on 06/20l2005 under Order No. 1000144310_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA� Document AlO1TM —1997 - Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM, as published by the AIA in its saftwaze, other than those.additions and deletions shown in the associated Additions and DeleUons Report. (Signed) , (Title) (Dated) AIA Document D401 T"� — 2003. Copyright � 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNiNG: This AIA Document ' is protected by U.S. Copyright Law and Internationai Treaties. Un�uthorized reproduction or distribution of this AIA� Document, or any portion of it, 1 may resuit in severe civil and criminal penalties, and will be prosecuted t� the maximum extent possible under the law. This document was produced by AIA software at 13:53:30 on 06l20f2005 under Order No.1004144310_1 which expires on 11 /42/2005, and is not for resale. User Notes: (1607826698) � � �� T"" � � Document A312 1984 Pe►formance Bond CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): ADDITIONS AND DELETIONS: ' OWNER (Name and Address):_ _ The author of this document has I Village of Tequesta, FL added information needed far its completion. The author may aiso have revised the text of the : CONSTRUCTION CONTRACT original A�A standard torm. An Date: Additions and De/efions Report Amour�r that notes added inforrnation as Description (Name and Location): well as revisions to the standard form text is available from the BOND author and should be reviewed. , Date (Not earlier than Constructian Contract Date): A vertical line in the left margin of Amount: this document indicates where the author has added necessary � Modifications to this Bond: � None � See Last Page information and where the author � has added to or deleted from the CONTRACTOR AS PRINCIPAL SURETY original A1A text. Company: (Corporate Seal) Company: (Corporate Seal) This document has important Signature: Signature: legal consequences. Name and , Name and , Consultation with an attorney Title: Title: is encouraged with respect to (Any additional signatures appear on the last page) its completion or modification. Any singular reference to (FQR INFORMATIQN ONLY - Name, Address and Telephone) Contract, Surety, Owner or other AGENT or BROKER: OWNER'S REPRESENTATIVE party shall be considered plural (Architect, Engineer or other party): where applicable. AIA Document A312TM —1984. Copyright �O 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is proYected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, 1 may result in severe civil and criminal penalties, and will be prosecuted Ya the maxlmum extent pos�ible under the law. This document was produced by AIA software at 13:43:45 on 06/20/2005 under Order No.7 0001 4431 0_1 which expires on 11/02/2005, and is not for resale. User Notes: (2920864850) § 1 The Contractor and the Surety, jointiy and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. : § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Section 3.1. § 3 If there is no Owner Default, the Surety's obligation under this Bond •shall arise after: § 3.1 The Owner has notified the Contractor and the Surety at its address described in Section 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of perPorming the Construction Contract. If the Owner, the Contractor and the Surety agree, the Conuactor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any; subsequently to deciare a Contractor Default; and :§ 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notiee as provided in Section 3.1; and § 3.3' The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construetion Contracf or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. § 4 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or § 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or § 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a conuact for - perforrnance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified suretq equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 6 in excess of the Balance of the Contract Price incuned by • the Owner resulting from the Contractor's default; or § 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or : .2 ,Deny liability in whole or in part and notify the Owner citing reasons therefor. § 5 If the Surety does not proceed as provided in Section 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 4.4, and the Owner refuse5 the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §$ After the Owner hasterminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Section 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: AIA Document A312T�" —1984. Copyright � 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauihorized reproduction or distributian of this AIA� Document, or any portion of it, 2 may resuit iri severe civii and criminal penalties, and wili be prosecuted to the maximum extent possibie under the iaw. This document was produced by AIA software at 13:43:45 on O6120/2005 under Order No.1000144310 1 which expires on 11 /02/2005, and is not for resale. User Notes: (2920864850) § 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; § 6.2 Additional legal, design professionai and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 4; and § 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 7:The Surety shall not be liable to the Owner or others for obligations of the Contractor that aze unrelated to the Construction Conuact, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. § 8 The Surefy hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, pnTChase orders and other obiigations. § 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in : the location in which 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 ihis 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. : ' § 10 Notice to the` Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. § 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said stafutory or legal requirement shali be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. '�he intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 12 DEFINITIONS . § 12.1 Balance of the Cantract Price: The total amount payable by the Owner to the Contractor under the Gonstruction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounes received or to be received by the Owner in settlement of insurance orother claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, - including ail ContractDocuments and changes thereto. § 12.3 ContractorDefault: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. § 12.4 Owner Default:Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. AIA Document A3Y2TM —1984. Copyright OO 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauihorized reproduction or distribution of this AIA� Document, or any portion of it, 3 may result in severe civii and criminal penalties, and wili be prosecuted td the maximum extent possible under the law. This document was produced by AIA software at 13:43:45 on 06/20/2005 under Order No.1000144310_i which expires on t i/02l2005, and is not Tor resale. User Notes: (2920864850) § 13 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTORAS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA Document A312T�^ —1984. Copyright OO 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is profected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA� Document, or any portion of it, 4 may result in severe civil and criminai penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:43:45 on O6/20l2005 under Order No.t 000144310_1 which expires on 11/02/2005, and is not for resale. User Notes: (2920864850) Payment Bond CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): " I Village of Tequesta, FL CONSTRUCTION CONTRACT Date: � Amount: ' Description (Name and Location): BOND - Date (Not earlier xhan Construction Contract Date): Amount: � Modifications to this Bond: X� None � See Last Page CONTRACTOR A$ PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page) � (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other parry): AIA Document A312T�" —1984. Copyright 01984 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributian of this AIA� Document, or any portion of it, 5 may result in severe c3vil and criminal penalties, and will be prosecuted 4o the maximum extent possible under the law. This document was produced by AIA software at 13:43:45 on O6/20/2005 under Order No.1000144310_1 which expires on 11/02/2005, and is not for resale. User Notes: . (2920864850) § 1 The Contractor and the Surety, jointly and severally bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. § 2 With respect to the Owner, this obligation shall be null and void if the Contractor: § 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and § 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the - : performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Section 12} of any claims, demands, liens or suits and tendered defense af such claims, demands, liens`or suits to the Contractor and the Surety, and provided there is no Owner Default. § 3 With respec� to Claimants, this obligation shall be null and void if the Contractor prompdy makes payment, directly or indirectly, for all sums due. § 4 The Surety shall have no obligation to Claimants under this Bond until: § 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. § 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days,after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to : whom the materials were fumished or supplied or for whom the labor was done or performed; and .2 ' Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor ' has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Section 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. § 5 If a notice required.by Section 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. § 6 When the Claimant has satisfied the conditions of Section 4, the Surety shall promptly and at the Surety's expense take the following actions: § 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 day, s after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that aze disputed. § 6.2 Pay or arrange for payment of any undisputed amounts. § 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be ' credited for any payments made in good faith by the Surety. § 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Consuuction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractar furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 9 The Surety shall not be liable to the Owner, Claimants or others for obiigations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. AIA Document A312TM — 7984. Copyright OO 1984 by The American institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributian of this AIA� Document, or any portion of 1t, 6 may result in severe civil and criminai penaities, and will be prosecuted tu the maximum extent possible under the law. This document was produced by AIA software at 13:43:45 on O6/20/2005 under Order No.1000144310_i which expires on 17/02/2005, and is not for resale. User Notes: . (2920864850) . § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subconuacts, purchase orders and other obligations. § 11 No suit or action shail be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one yeaz from the date (i) on which the Claimant gave the notice required by Section 4.1 or Section 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whiehever of (1) or (2) first occurs. 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. § 12 Notice to the Surety, the Owner or the Contractor shali be rriailed or delivered to the address shown on the - signature page.: Actuai receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. § 13 When this Bond has been furnished to compiy with a statutory or other legal requirement in the loeation where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein,; The intent is that this Bond shall be constnzed as a statutory bond and not as a common 1aw bond. § 14 Upon reyuest by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall : promptly furnish a copy of this Bond or shall permit a copy to be made. § 15 DEFINITIONS :§ 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, � power; light, heat, oii, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. § 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. § 16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: � (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Co�ipany: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: . Address: AIA Document A312T"" —1984. Copyright 0 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and Internatior+al Treaties. Unauthorized repraduction or distribution of this AIA� Document, or any portion of It, 7 may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:43:45 on O6/20l2005 under Order No.1000144310_1 which expires on 11102/2005, and is not for resale. User Notes: (2920864850) Additions and Deletions Report for AIA� Document A312 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to'the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information.purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:43:45 on 06/20/2005. PAGE1 Vilia�e of Tepuesfa, FL ... . . : � � B �� Modifications to this Bond: X None See Last Pa�e PAGE 5 Villa e of Teguesta, FL ... . � c er +� -- Modifications to this Bond: � '� None � See Last Paee Additions and Deletions Report for AIA Document A312TM —1984. Copyright OO 1984 by The American Institute of Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution ot this 1 AIA� Document, ar any portion of it, may resu4t in severe aivil and criminal penaities, and wiil be prosecuted to the rnaximum extent possible under the law. This document was produced by AIA software at 13:43:45 on O6/20/2005 under Order No.1000144310_1 which expires on 11/02/2005, and is not for resale. User Notes: (2920864850) Gertification of Document's Authenficity AIA� Document D401 T"' — 2003 � I; , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 13:43:45 on 06/20/2005 under Ordez No. 1000144310_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA� Document A312TM —1984 - Performance Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) : AIA Document D401 TM — 2�U3. Copyright B 1992 and 2003 by The Amer+can Institute ot Architects. All rights reserved. WARNING: This AIA� Document is protected by U.S. Copyrighi Law and International Treaties. Un3uthorized reproduction or distribution of this AIA� Document, or any portion of ft, 1 may result in severe civil and criminal penalties, and wili be prosecuted ta the maximum extent pos�ible underlhe law. This document was produced by AIA software at 13:43:45 an O6/20/2005 under Order No.1000144310_1 which expires on 11 /02/2005, and is not for resale. User Notes: . (2920864850)