R96-152RESOLUTION NO. R96-/,~¢¢
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID FOR THE MODIFICATIONS TO
THE CITY HALL FLASHING, TO S & S ROOFING;
AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE A CONTRACT BETWEEN THE
CITY OF BOYNTON BEACH AND S & S ROOFING, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, bids were received for the City Hall flashing repairs to selected
areas of City Hall on the 26th day of September, 1996, (Bid No. 066-192-96NSMG);
and
WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon
recommendation of staff, has determined that S & S Roofing, 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 modifications to the City Hall flashing to S & S
Roofing, and authorizes and directs the Mayor and City Clerk to execute a Contract
between the City of Boynton Beach and S & S Roofing, 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 __
ATTEST:
Cit~Clerk "'-
(Corporate Seal)
day of October, 1996.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice
Commissioner
Commissioner
// Commissioner
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals
this 15T~day of OCTOBER , 1996.FOR THE CONCESSIONAIRE
WITNESSES:
STATE OF FLORIDA
COUNTY OF PALM BEACH, ss:
BEFORE ME personally appeared to me
well known and known to me to be the individual described in and
who executed the foregoing instrument and acknowledged before me
that he/she executed the same for the purposes therein expressed.
WITNESS my hand and official seal this__
1996.
day of
(NOTARIAL SEAL)
Notary Public in and for
the County and State
aforesaid
My Commission Expires-
WITNESSES:
APPROVED AF~/TO~/~ORM:.
CITY ATTORNEY
ATTEST:
'CIT~ CLERX -
Bid No~066-192-96/VSMG
CONTRACT
THIS AGREEMENT, made and entered into this 15th day of
Qctober, A.D~ 1996, by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and $ & S ROOFING SOUTH. INC,
Florida Corporation ( X )
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
Check one
hereinafter called "CONTRACTOR".
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 ha~ing canvassed said bids, has determined that the bid
in the total amount of FIVE THOUSAND DOLLARS AND 00/100 $5.000.00
submitted by the aforementioned CONTRACTOR was the best and mosu
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
1.1 The CITY 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 26,
~ which is hereby incorporated by reference into this
agreement, and the CONTRACTOR does agreeto 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 CITY HALL MUNICIPAL
~UILDING FLASHING REPAIRS 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 FIVE
THOUSAND DOLLARS AND 00/100 ($5.000.00).
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to furnish all materials,
supplies, machines, equipment, tools, superintendents, labor,
insurance, and other accessories and services necessary to complete
said project in accordance wi
in the contract conditions,
special ons of the
plats, , and
exF
.~gs
~nd prices as stated
general conditions and
e .all maps,
or written
in the bid, contract
2.2 Ail the work
shall be performed,
strict conformity with said
contractor accepts and consents
plans and specifications and
requirement and stipulation
the party contracting to do said
plans and
condit
rk.
under this contract
· shall be, in
tions, and
in said
~very
by
2.3
equipment, materials and
mentioned in a first-class,
in conformity with the details fo
of the City Engineer of t
the specifications,
referred to and
satisfaction
said CITY, and
given by the said CJ
at and for the prices
THE CONTRACTOR further agrees to furnish all tools,
.and to do all the work above
and workmanlike manner, and
in the office
~ordance with
are hereby
to the
of the
which may be
entative,
set for
2.4 Upon receipt of written notification from the CITY, to
correct any defective or fau materials whiCh may appear
within one (1) year after com~ 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 remqve and clean up all rubbish,
debris, excess material, temporary structures, tools and equipment
from streets, alleys, parkways and a~jacent property that may have
been used or worked on by the Contractor in connection with the
project promptly as such section or Dorti0n 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 satisfaCtory to the CITY.
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 Upon completion of the work, the City Engineer shall
satisfy him-self, by examination and test, that the work has been
fully ~completed in accordance with the plans, specifications and
contract documents. When the City Engineer is so satisfied, he
shall recommend acceptance thereof tQ the City Manager, who shall,
if he agrees with such recommendation, present the final payment
application to City Commission for review and vote to formally
accept theproject. The right of general supervision of the CITY as
hereinafter provided under "authority of the engineer" shall not
make the CONTRACTOR an agent or employee of the CITY, but the
CONTRACTOR shall at all times, and iD all respects have the rights
and liabilities of an independent contractor.
2.10 After the cleaning up of the work, premises, streets,
alleys, manholes, catch basins, or other areas of structures in
anyway connected with the performance of the contract, the work as
a whole ~ shall be inspected by the City Engineer, and any
workmanship or materials found not meeting the requirements of the
~pecifications hall be removed ~y or at the expense of the
dontractor and good and satisfactory workmanship~ or material
substituted therefor. All settlement, defects or damage .upon any
part of the work shall be remedied a~d madegood by the contractor.
2.11 The CONTRACTOR will be hgld responsible for the care,
protection and condition of all work until final completion and
acceptance thereof, and will be required to make good at his own
cost any damage or injury occurring from any cause.
3.0 COMMENC]~I~T OF WORK
3.1 Contractor hereby agrees to commence work under this
contract on or before a date to be specified in the written "Notice
to Proceed" of the CITY and to fully complete the project within 30
calendar days 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 in the
contract, after due allowance for any extension or extensions of
the
and
not as a penalty, in the amount stipu~lated therefOre in the special
conditio~ every
from
collect such iJ
es
3.3 CONTRACTOR, shall, as
of contract, notify City
subcontractors proposed for pri
may dir
arck reas
or a: unfit.
s of
.pal such
and shall not any that
object to ~etent
5IQUIDATED DAMAGES
4.1 )R further agrees~ to pay $ 250.00 per day as
within iten (10) days of
or failure to ~complete the work within 30
commencement date to :be indi.cated in the
to )ceed".
5.0 PROTECTION OFiEXISTING FACILITIES
5.1
bu]
the
of the
fill
the
all!pumping
incidental tc
nece
the
and if
CONTRACTOR warrants that prices include the protection
use of all existing sewers, conduits, drains, pipes,
b and other construction encountered, and
any damage done to them during the progress
Lnsufficient support thereafter; also, all
tamping, ramming, puddling and consolidating;
sal of all rubbish and surplus material; also
draining, or unwatering of all excavations,.
of the work; also the 'furnishing of all
equipment, materials and supplies, etc. and
whole work mentioned in the detailed plans
to give a finished result, and
zncludzng se incurred in or in consequence of the
suspension tinuance of the said work .specified and a
faithful compliance with each and every one of the requirements of
the contract and for the maintenance of the entire work and
construction in good condition and repair until final acceptance.
.2 The :TOR shall assume full re sibility and
e for ection of all public and :ivate property,
st s, , sewers, utilities, eric., 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 prosecution, of the work or the transportation of men and
ma s in con~ection therewith. The coNTRACTOR shall give
reasonable written notice in advance to the department 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 utilities.
6.0 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 out of 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 harmless 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 kind or nature for damages to
persons or property caused in whole or in part by any act,
omission, or default of the City, its agents, servants, or
employees arising from this contract or its performance. The
contractOr and the City hereby agree and covenant that the
Contractor has incorporated in its original bid, which constitutes
the Contract sum payable by the City to the Contractor, specific
additional consideration sufficient to support this obligation of
indemnification provided for in this paragraph. It is the City's
and Contractor's full intention that this provision shall be
enforceable and said provision Shall be in compliance with Florida
Statute 725.06.
6.3 The execution of this Agreement by the Contractor shall
obligate Contractor to comply with the foregoing indemnification
provision, as well as the insurance provisions which are set forth
in Article A herein. However, the indemnification provision,
and the insurance provision contained in this Contract are not
interdependent of each other, each one is separate and distinct
from the other.
6.4 The obligation of the Contractor to indemnify the City is
not subject to any offset, limitation or defense as a result of any
insurance proceeds available to either the City or the Contractor.
7.0 PAYMENT 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, may order
extra ~ by altering, adding to or deducting from
the sum being adjusted accordingly. All such
wor~ inal
Contract. Any f be
made, in writing, at the time such change is ordered.
8.2 Ail change orders and adjustments Shall be in writing and
approved by the City Manager or if required,
otherwise, no claim for extras will be
8.3 The General Contractor and all of his si
be apprised of, and familiar with, the
procedures governing extra work under the Contract:
:tors shall
ins and
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
implement the change order.
8.3.2
Should the Contractor or any of his
subcontractors commence with his work without
making a claim in writing for unforeseen extra
work he encounters, 'it will be construed as an
acceptance and agreement .by him that any such
or allowed by the CITY:.
8.3.3
No claim for extra work will be allowed unless
and until authority for same by written Change
Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if
necessary, which authorization will be signed
by the Mayor.
8.4
8.3.4
8.3.5
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.
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 Contract.
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:
8.4.1
By such applicable unit prices, if any, as are
set forth in the Contract excepu in those cases
where increases in quantities 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 unit 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 all 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 upon and shall not be exceeded
unless approved by the CITY.
8.4.3.1 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.
8.4.3.2 The Contractor shall have an accounting
system which accounss for such costs in
a wi enerally accepted accounting
provide for the
ider and:~ of
allowable Change
8.4.3.3 ~ Where it is
federally or
attention is
andre~
all( of c~
that the Contract is
the Contractor's
the applicable rules
ire to cost principles
r 'the determination and
under grant.
8.4.3.4 In no case shall fringe benefit costs on
direc5 labor costs .exceed forty (40) percent of
direct labor costs.
8.4.3.5 In no case shall the Contractor and
SUbcontractors' gen, 'al overhead and profit in
the aggregate fifteen (15) percent of
the total cost
benefits, dire(
equipment
supp
general
in
and: ge
direct labor, fringe
materials, supplies,
tly related services
the items considered as
.d are bonds,
burdens, supervision
~nses.
8.4.3.6 In no case shall the Contractor's cost for
administering subcontracts exceed five (5)
percent of the sUbcontractor's cost not
including subcontractors' profit.
8.4.3.7 For special equipment and machinery such
as power driven pumps, concrete mixers, trucks,
and tractors, or other equipment, required for
the economical performance of the authorized
work, the Contractor shall receive payment
based on the agreed rental price for each item
of equipment and the actual time of its use on
the work provided that the rental price shall
not exceed the current rates published by the
Equipment Guide Book Company in the Blue Book,
,,Rental Rates for Construction Equipment".
Rate shall be daily, weekly or monthly as
appropriate.
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 shall clearly distinguish between the
work done under the contract and that d o n e
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 e~gineer shall be:
DAVID MILLER & ASSOCIATES
9.2
The Engineer 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 shall, upon request, show CONTRACTOR written
authority. He has authority to stop the work whenever
such stoppage may be necessary to insure the p r o p e r
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, he shall: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 The CONTRACTOR shall 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 contingent or
protective liability and property damage i~surance. Such
insurance shall 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 lea~ s in advance of cancellation,
nonrenewal or adverse :tor agrees to furnish
policies if Certificate of Insurance is not acceptable.
10.3 The
prevent the
with his operations at t
used on cons
re,
C(
other
which.
between
permi s
City
:essary precautions to
noise in conjunction
engines
with mufflers, as
the
as
ting or
~use of
)erated
tten
rgency.
11.0 GUARANTEE AND WARRANTIES
11.1 Ail the work shall be guaranteed to remain in good
condition for one year from date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1 If the 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; if a 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 CONTRACTOR 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 specified in such
notice, or any date subsequent thereto, the event of such
termination, the City Manager shall notify the CONTRACTOR and
Surety and the coNTRAdToR 'sh~ll immediately respect such notice and
stop work and cease tolhave any right to the possession on the
ground and shall forfeit his contraCt.
Upon such termination, the City Manager shall provide the Surety
with written notice of the CITY'S action and the Surety shall
within ten (10) days of receipt of said notice remedy the default
or the surety shall as expeditiously as possible:
12.1.1Complete the contract in accordance with its terms and
conditions, or
12.1.2 Obtain a bid or bids 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 contract 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, project manager, and consulting engineers.
IN WITNESS WHEREOF, the CITY has caused these presents to be
signed by its Mayor, attested by the City Clerk with the Corporate
Seal of the said CITY and the CONTRACTOR has executed these
presents the day and year herein before written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
•
Mayo
Attest: Approved as to Form:
- 7///e.,.4 . 4 : : - „6"'
City Clerk City Attorney
` +QOM
= tz
•
fv o
llllillll
Signed, sealed and witnessed CONTRACTOR
in the presence of:
V d=111F s- :: •
1
A/
-
• tt- � k t as Lc ' Contractor
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 instrument and have acknowledged before me and they have
executed same.
/ 2
Public
'.y, Amy M. Desidedo
- iaw MY COMISSION # CC502700 EXPIRES
• , October 27, 1999
My Commission Expires: ;a •..."' BONDED THOU TROY FAIN INSURANCE, INC.
Tie City of »Y -
Boynton Beach
pY NT 100 E. Boynton Beach Boulevard'
0 • y\ P.O. Boo310
4 i to \ Boynton Beach., Jforida 33425 -0310
i
a I City (all.• (407) 375 -6000
- ` FAX: (407) 375 -6090
NOTICE TO PROCEED
TO: S & S ROOFING SOUTH, INC. DATE: NOVEMBER 12, 1996
1213 POPE LANE
LAKE WORTH, FL 33460
ATTN: FRANK MERLETTO PROJECT:CITY HALL MUNICIPAL
BUILDING FLASHING REPAIRS
BID* 066-192.96/VSMG
You shall commence WORK in accordance with the Agreement dated:
SEPTEMBER 25, 1996 on or before NOVEMBER 25. 1996 and you are to
complete the WORK within 30 CALENDAR DAYS thereafter.
The date of completion of all WORK is therefore:
DECEMBER 25,1997.
The Contractor's point of source for all activity relating to
this project will be:
Contact Person: BILL DEBECK Depart“ent: FACILITIES
Title:FACILITIES MANAGER Telephone :(561) 375-6020
CITY OFBOYNT
C� FB
G�%� " I GLU'
City Manager or Designee
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY:
' 6001 k 11L,1 I`� DATE: II / (9
Prin Name '
. ''
Signature: / Titlefi (err $ b/lf■
pc: Central File
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