R96-158RESOLUTION NO.
A RESOLUTION OF THE CiTY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID FOR THE RE-ROOF OF ELEVEN
(11) BUILDINGS AT OCEANFRONT PARK (BID NO. 063-
192-96/CJD), TO WEISS & WOOLRICH SO. ENT., INC.,
AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT BETWEEN THE
CITY OF BOYNTON BEACH AND WEISS & WOOLRICH
SO. ENT., INC., AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, bids were received for the re-roofing of eleven (11) buildings at
Oceanfront Park on the 19th day of September, 1996, (Bid No. 063-192-96/CJD); and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, has determined that Weiss & Woolrich So. Ent., Inc.,' is the
most responsive, responsible bidder meeting all required specifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida, hereby
approves the award of a bid for the re-roofing of eleven (11) buildings at Oceanfront
Park to Weiss & Woolrich So. Ent., Inc., and authorizes and directs the Mayor and City
Clerk to execute a Contract between the City of Boynton Beach and Weiss & Woolrich
So. Ent., Inc., a copy of which is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this .
ATT E ST:
Cit~Clerk
(Corporate Seal)
~ day of November, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor /
"-Vice IV~vo~ ~
r ~'ommissioner
Commissioner
,/ommissioner
Proiect 0063-192-96/CJD
2
THIS AGREEMENT, made and entered into this day of , A.D.
19 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter call the
"CITY and WEISS & WOOLRICH. SO. ENT..INC..
Florida Corporation (._X_.D
a Florida general partnership ( )
a Florida limited partnership (' )
a sole proprietor ( )
Check one
hereinafter called "CO~N'rRACTOR".
That under the due procedure of law, bids were heretofore received by the City Commission of
said CITY for the performance of work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, has determined that the bid in the total amount of SIXTY-
SEVEN THOUSAND FIVE ltUNDRED ($67.500.00~ submitted by the aforementioned
CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution
of this contract.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
1.0 AGREEMENT
1.I The C1TY does award the contract to and does hire and employ the CONTRACTOR and
the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated
SEPTEMBER 19. 1996. which is hereby incorporated by reference into this agreement, and the
CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies,
etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and
specifications for IIEROOF ELEVEN (1D BUIDINGS AT OCEAN FRONT PARK. 6415
NORTH OCEAN BLVD.. OCEAN RIDGE. FLORIDA. City of Boynton Beach, Florida, all of
which are incorporated herein by reference at such unit prices/or lump sum prices as specified in
CONTRACTOR'S bid totalling SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS
/kIND 00/100 ($67.$00.00L
PASSED AND ADOPTED this
day of November, 1996.
CITY OF BOYNTON BEACH, FLORIDA
MaYor:
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
City Clerk
(Corporate Seal)
C/YFla~,hing
I~/11/g6
2.0 SCOPE OF SERVICES
2.1 ContractOr further agrees to furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, inm~ance, and other accessories and services necessary to complete said
project in accordance with the conditions and prices~ as stated in the contract conditions,
supplemental general conditions and special conditions of the contract, plans which include all maps,
plats, blueprints, and other drawings and printed or written explanato~ matter thereof as contained
in the'bid, contract documents and specifications for the project.
2.2 Ail the wOrk and' labor performed under this contract shall be performed, and all of the
material furnished shall be, in strict conformity with said plans and specifications, and contractor
accepts and consents to the conditions contained in said plans and specifications and expressly agrees
performed by the party
contracting
strictly in
general stipulations and plans which are hereby
contract, as well as to the satisfaefion of the City Commission and
at and for the set
2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty
work or materials which may appear within one (1) year: after completion of the contract and receipt
of final payment. Contractor shall make the necessary corrections within ten (10) days of receipt of
the written notice.
2.5 To comply with the provisions of Section 215.19, Florida Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and
about this work. Furnish release of liens forms from all subcontractors and suppliers of materials.
Forms to be specified by CITY.
2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, exce~ material,
temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that
may have been used or worked on by the Contractor in connection with the project promptly as such
section or portion is completed and ready for use, leaving the same in a neat and presentable
condition. Payment of monthly or partial estimates may be withheld until this has been done to the
satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be
made until the site is safisfacto~ to the CITY.
4
2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the
charter, ordinances, codes and regulations of the 'City of Boynton Beach, Florida.
2.9
of
not
or other
a whole
the
good
; or damage
good at his
3.1 ,' work under this contract on or before a date to
be to fully complete the project within
~ following the commencement date as specified in same.
3.2 Time is the essence of the contract In the event the CONTRACTOR shall fail in the
performance of the work specified and required to be performed within the time limit set forth inthe
contract, afar due allowance for any extension or extensions of time made in accordance with
provisions hereinbefore set forth, the CONTRACTOR shall be liable to the CITY, as liquidated
damages and lXR as a penalty, in the amount stipulated therefore in the special conditions or in other
, that the CONTRACTOR shall be in default of
amount due,
or that may or to collect SUCh liquidated damages from the
3.3
others as
time, object to as
soon as practicable, after signature of contract, notify City
principal parts of work, and for such
shall not employ any that architect may, within a reasonable
5
4,0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay ~ per day as liquidated damages, for
failure to begin w~thm ten (10) days of 'N0txce to Proceed or failure to complete the work within
9_Q calendar days from the commencement date to be indicated in the written "Notice to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection and continuous use
of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, and other construction
encountered, and the prompt repairing of any damage done to them during the progress of the work,
or from insufficient support thereafter;, also, all filling, backfilling, tamping, ramming, puddling and
consolidating; the removal and disposal of all rubbish and surplus material; also all pumping, bailing,
draining, or unwatering of aH excavations, incidental to the executi°n of the work; also the
furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance
of the whole work mentioned in the detailed plans and specifications necessary to give a finished
result, and including all expense incurred in or in consequence of the suspension or discontinuance
of the said work specified and a faithfi_d_ comp.liance .with each and e..ver~, one o.f the ~__u~_m,ents~
the contract and for the ~maintenance of theenUre work and construcuon m gooo conmUon aha rep
until final acceptance.
5.2 The CONTRACTOR shall assume full responsibility and expense for the protection
of all public and private property, structures, water mains, sewers, utilities, etc., both above and
below ground, at or near the site or sites of the work being performed under the contract, or which
are in any manner affected by the prosecution of the work or the transportation of men and materials
in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the
deparunent of the CITY having charge of any property or utilities owned by the CITY and to other
owner or owners of public or private property or utilities when they will be affected by the work to
be performed under the contract, and shall make all necessary arrangements with such department,
departments, owner or owners for the removal and replacement or protection of such property or
utitlies.
600 INDEMNIFICATION
6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of action of
whatsoever kind or nature arising outof error, omission or negligent act of Contractor, its agents,
servants, or employees in the performance of services under this Agreement.
6.2 Contractor shall indemnify and save harmle~ and defend City, its agents, servants, and
employees from and against any and all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, damages; costs, expenses, and fees (including without limitation reasonable
attorney's and appellate attorney's fees) of whatsoever kine 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,
6
or employees arising from this contract or its performacne. The contractor and the City hereby agree
and covenant that teh Contractor has incorporated in its original bid, which constitutes the contract
sum ; ConWactor, specific additional consideration sufficient to support this
~ and Contractor's full
compliance with
6.3
in
contained in
the other.
The execUtion of this Agreement by the COntractOr shall obligate Contractor to comply
provisions which are set forth
provison
each otberi each oneis separate and distinct from
6.4 igation of the Contractor offset,
limitation as a result of any or the
Contractor.
7.0 PA ~YMENT BY CITY
7.1 The' CITY agrees to pay the CONTRACTOR in current funds for'the, performance of
the contract, subject to additions and deductions as provided in the specifications.
8.0 CHANGES IN THE WORK
8.1 The CITY, without invalidating the Contract, my order extra work or make changes by
altering, adding to Or deducting from the work, the Contract sum being adjusted accordingly. AIl
such w~rk shall be ex~ under the conditions of the original Contract. Any claim for extension
of time caused thereby shall be made, in :writing, at the time such change is ordered. .
8.2 All change orders and adjustments shall be in writing and approved by the City Manager
or City Commission if required, otherwise, no claim for extras will be allowed.
8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar
with, the following conditions and procedures governing extra work under the Contract:
8.3.1
Any change order has to be recommended by the City Manager and officially
approved by the City Commission before any steps are taken to implemem the
change order.
8.4
8.3.2
Should the Contractor or any of his subcontractors commence with his work
without making a claim in writing for unforseen extra work he encounters, it
will be construed as an acceptance and agreement by him that any such work
is required under the contract and no future claim for such extras will be
considered or allowed by the CITY.
8.3.3
No cl~ for extra work will be allowed Unless and until authority for same by
~tten Change Order has been obtained fi.om the City Manager or the City
Commission of Boynton Beach, if necessary, which authorization will be
signed by the Mayor.
8.3.4
changes'in the work directed in writing by the CITY's Representative under
the following procedures shall become a part of the Contract by a written
Change Order.
8.3.5
Information regarding changes in the work involving claims to the CITY for
additional work, credits, and/or adjustments under the Contract shall be
promptly transmitted in writing by the General Contractor to the CITY's
Representative with full explanations and justifications for his consideration
in preparing a Change Order to the Conwact.
The value of any change ordered under the Contract for extra work and/or any
reductions in work required, shall be determined under one or more of the following
procedures before a written Change Order is issued:
8.4. I
'By such applicable unit prices, if any, as arc set forth in the Contract except in
those cases where increases in quantifies exceed fifteen (15) percent of the
original bid quantity and the total dollar change of that bid item is significant
in the opinion of the Engineer the unit price shall be subject to review to
· determine if a new unit price shOuld be negotiated; or
8.4.2 If no such ,nit prices are set forth, then by a lump sum or other unit prices
mutually agreed upon by the CITY and the Contractor, or,
8.4.3
By cost reimbursement which is the actual cost for labor, direct overhead,
materials, supplies, equipment and other services necessary to complete the
work plus fifteen (15) percent to cover the cost of general overhead and
profit. For aH labor and foreman in direct charge of the authorized operations,
the Contractor shall receive the current local rate of wages to be agreed upon
in writing before starting such work, for each hour said labor and foreman are
actually engaged thereon. An upper limit of total cost and of profit shall be
agreed uportand shall not be exceeded unless approved by the CITY.
8
8.4.3. I The Contractor shall submit suffiCient cost and pricing data to enable
the Engineer to determine the necessity and reasonableness of costs and
amounts proposed and the allow ability and eligibility of costs
proposes.
8.4.3.2The
have an accounting system which accounts for
t accepted accounting principles.
accumulation and
costs.
8.4.3.3 Where it is indicated that the Contract is federally or State assisted, the
must be used for the determination and
allowability
8.4.3.4 In no case shall fringe benefit costs on
direct labor costs exceed forty (40) percent of direct labor costs.
8.4.3.5 In no case :shall: the ConWactor and Subcontractors' general overhead
and Profit in the aggregate exceed fifl~en (15) percent of the total cost
'of direct overhead, materials, supplies,
services supplied by him. Aong the
are bonds, insurance,incidental
office expenses.
8.4.3.6 In no case: shall the Contractor's cost for administeringsubcontracts
exceed five (5) percent of the subcontractors' cost not including
subcontractors' profit.
8.4.3.7 For special equipment and machinery such as power driven pumps,
or other equipment, required for
of the authorized work, the Contractor
shall receive payment based on the agreed rental price for each item of
; use on the work provided that the
the current rotes published by the
5ook Company in the Blue Book, "Rental Rates for
~quipment". Rate shall be daily, weekly or monthly as
8.4.3.8 Records of extra work done shall be reviewed at the end of each day by
the Contractor and the Engineer. Such daily records shah clearly
distinguish between the work. done under the contract and that done
under the Change Order. Duplicate copies of accepted daily records
shall be made, Signed by the Contractor and the Engineer and one copy
retained by each.
8.5
Claim of payment for extra work shall be submitted by the Contractor upon certified
statement supported by receipted bills. Such statements shall be submitted for the
current Contract payment for the month in which the work was done. No claim for
extra work shall be allowed unless: the same was ordered, in writing, as aforesaid and
the claim presented at the time of the first estimate after the work is completed.
9.0 PROJECT ENGINEER
9.1 The project engineer shall be
BII,L DEIIECK. FACILITIES MANAGER
9.2
The EIl~neer shall have general supervision and direction of the work. He is the agent
of CITY only to the extent provided in the contract documents and when in special
instances he has the authority by CITY to act, and in such instances he shaH, upon
request, show CONTRACTOR written anthodty. He has authority to stop the work
whenever such stoppage may be necessary to insure the proper execution of the
contract.
9.3
As the Engineer is, in the first instance, the interpreter of the conditions of the contract
and the judge of its performance, heshall side neither with CITY nor with
CONTRACTOR, but shall use his power under the contract to enforce its faithful
performance by both.
10.0 INSURANCE
10.1 Th~ CONTRACTOR shah maintain during the term of this contract commercial
liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work
contracted and all operations in connection herewith, and whenever any of the work covered in the
contract is to be sublet, CONTRACTOR'S confmgent or protective liability and property damage
insurance. Such insurance shah provide limits not less than those set forth on the insurance
requirement schedule attached as Exhibit "A".
10.2 Required insurance shall be documented in a certificate of insurance which provides
that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation,
nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is
10
not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud,
as they pertainto prevention of noise. No pile
excePt by'
Internal combustion engines
requirements of this Code
11. I All the work shall be guaranteed to remain in good conditiOn for one year from date
of acceptance.
12.0 TERMINATION OF CONTRACT
12.1 Ifthe work to be performed under the contract is assigned by the CONTRACTOR other
than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general
assignment of his assets be made for the benefit of his creditors; ifa receiver should be appointed
for the CONTRACTOR or any of his property, if at any time the Engineer shall certify in writing to
the City Manager that the performance of the work under the contract is being unnecessarily delayed
or that the CON'rRACTOR is willfully violating any of the conditions, provisions, or covenants of
the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in
accordance with the terms of the contract; if the work be not fully completed within the time named
for its completion or within the time to which such completion date may be extended; or if other just
causes exist, then the City Manager may serve ten (10) days' written notice upon the
CONTRACTOR of the intent to terminate the contract for the CITY and if the contractor shall not,
prior to the effective date of termination set forth in such notice, take such measures as will, in the
judgement of the City Manager, insure the satisfactory performance of the work, the City
Commission and the City Manager may declare the contract terminated on the effective date
specified in such notice, or any date subsequent thereto. In the event of such termination, the City
Manager shall ~ the CONTRACTOR and Surety and the CONTRACTOR shah immediately
~ work and cease to have any right to the possession of the ground and
City Manager shall provide the Surety with
written notice of~ ~ action and the Surety shall within ten (I0) days of receipt of said notice
remedy tha default or the surety shall as expeditiously as possible:
12.1.1 Complete the contract in accordance with its terms and conditions, or
12.1..2 Obtain a bid or bide for completing the Contract in accordance with its terms and
cOnditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make
available as work progresses (even though there should be a default or a succession of defaults under
the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost
of completion less the balance of the contract price; but not exceeding, including other costs and
damages for Which the Surety may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the contr~, ct price", as used in this paragraph, shall mean the total
amount payable by CITY to CONTRACTOR under the COntract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any
and all documents executed between the parties relative to the project. In the event of any
inconsistencies the terms, provisions and conditions set forth in the subject contract shall supersede
all other documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of
all the other contract documents relating to the times of performance and completion of the work are
for the purpose of enabling the CITY to complete the construction of a public improvement in
accordance with a predetermined program, all such time limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by any act or omission of the
City, its agents or employees, the sole remedy available to Contractor shall be by extension of the
time allocated to complete the project. No monetary damages shall be claimed or awarded to
Contractor in association with any delay in the project caused by an act or omission of the CITY, its
agents or employees.
15.2 Failure on the part of Contractor to timely process a request for an extension
of time to complete the work shall constitute a waiver by Contractor and Contractor shall be held
responsible for completing the work within the time allocated by this Contract.
15.3 All requests for extension of time to complete the work shall be made in
accordance with the General and Special Conditions.
15.4 For the purpose of this section the phrase "the City, its agents and employees"
shall include but shall not be limited to the architect, pwject manager, and consulting engineers.
executed
12
the CITY has caused these presents to be signed by its Mayor,
Signed, sealed and wimessed
in the presence 'off
CITY OF' BOYNTON BEAC~ FLORIDA
Mawr
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and wim~sed
in the presence off
CONTRACTOR
President or Vice President
Attest as to Contractor
13
State of Florida )
)SS:
County of Palm Beach )
Personally appeared before me duly authorized to administer oaths
to me known to be the persons described herein and who executed the
foregoing immanent and have acknowledged before me and_they have
executed same.
Notary Public
My Commission EXpires: