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R96-109RESOLUTION NO. R96-/~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND D.L. WALKER CONSTRUCTION, PROVIDING FOR LABOR AND MATERIALS FOR THE ',CITY HALL IN THE MALL" PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to enter into an Agreement with D.L. Walker Construction to provide labor and materials for the "City Hall in the Mall" Project; and WHEREAS, D.L. Walker Construction is familiar with the mall area and has recently completed repairs to other areas in the mall; 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 does hereby authorize the Mayor and City Clerk to execute an Agreement for Services between the City of Boynton Beach and D.L Walker Construction for labor and materials for the "City Hall in the Mall" Project, a copy of said Contract is attached hereto as Exhibit "A". Section 2. passage. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this ~' day of ~,=, 1996. ATTEST: Cit~ Clerk CITY OF BOYNTON BEACH, FLORIDA ~ ~ Vice::;J~lay~r.,- / _., Commissioner C~om'~ne~ Commissioner (Corporate Seal) AutflsJg. doc 7/12~J6 /9‘, -goy AGREEMENT FOR SERVICES Auo THIS AGREEMENT entered into this ./.i day of4tt y 1996, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, in the State of Florida (hereinafter referred to as "CITY "), and D.L. WALKER CONSTRUCTION, (hereinafter referred to as "WALKER "), a corporation having its main office at 316 S.56th Terrace, Hollywood, Florida 33023; WITNESSETH: WHEREAS, CITY deems it appropriate to enter into this Agreement with WALKER to provide the labor and materials for the "City Hall in the Mall" Project; and WHEREAS, the CITY acknowledges that this Agreement will be a benefit to the general welfare of the City; and WHEREAS, the parties hereto desire to reduce the terms of their Agreement to writing; NOW, THEREFORE for and in consideration of the mutual promises to each other as hereinafter set forth, the parties hefeto do mutually agree as follows: 1. Attached he: eto as Exhibit "A" and made a part hereof, is the proposal submitted by D.L. Walker Construction, which sets out specific terms and conditions. 2. WALKER shall not assign or transfer any interest in this Agreement. 3. WALKER shall hold CITY harmless, their officers, agents and employees, and safe from liability of any kind, including costs and expenses, and attorneys fees, incurred as a result of WALKER'S acts and/or omissions. 4. It is agreed between the parties hereto that the venue of this Agreement shall be Palm Beach County, Florida. Florida law will govern the interpretation and construction of this Agreement. 5. WALKER agrees that it shall be responsible for the proper custody and care of any property furnished it for use in connection with the performance of this Agreement. 6. WALKER shall comply with all laws, ordinances, codes, rules, regulations, and any other requirements that are applicable to the conduct of its business and the work to be performed, including those of federal, state and local agencies having jurisdiction and/or authority. 7. WALKER shall be considered an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. 8. This Agreement and the attached Exhibit and any documents or exhibits incorporated specifically by reference represent the entire agreement between the parties and supersedes all prior oral or written statements or agreements. 9. Any notice under this Agreement shall be sufficient if mailed to the parties as indicated below: D.L. WALKER CONSTRUCTION CITY OF BOYNTON BEACH 316 S. 56th Terrace City Manager Hollywood, FL 33023 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 10 WALKER shall be and remain liable in accordance with applicable law for all damages to CITY caused by WALKER'S negligent performance of any of the services furnished under this Agreement, except for errors, omissions, or other deficiencies to the extent attributable to any third ply. 11. Either party may terminate this Agreement, in whole or part, without cause by providing written notice ten (10) days in advance of termination to the parties of this Agreement. 12. WALKER agrees that in the hiring of employees for the performance of work under this Agreement or any subcontract, no contractor, subcontractor or any person acting on its behalf, shall, by reason of race, color, religion, sex, age, handicap, national original, or ancestry, discriminate against any citizen of this state in the employment of a person qualified and available to perform the work to which the employment relates. CITY OF BOYNTON B • • H 4. BY: L_ 06 ,f Wit 4 ss �� Gerald Taylor, Ma Lp.✓,V6 /17 7 lSAr P nt Name Witn DATE: 03/Xt / f1, i /4//L (?/?/ 4 Print Name APPgOVEO AS iO ORM:/ itb l ` D.L. WALKER CONSTRUCTION CITY ATTORNEY BY: /g ad& i�/,.? 42 President Witness �/ /%4'r /—;/)/ /'T cff Prin Witness DATE: 2 Print Name "City Hell in the Mall" Walker Con 8/1/96 JUL-17-96 WED 01:53 PM D. L . Wr4LK ER. C OH;Tr L C T T O`7. « : p. e: DLW D.L. WALKER CONSTRUCTION Lic. #CR -C 025221 (954) 894 -0222 (305) 464 -1969 Bpr PROPOSAL July 17, 1996 City of Boynton Beach 100 E. Boynton Beach Blvd, P.O. Box 310 Boynton Beach, Fl 33425 (407) 375 -6028 (407) 375 -6011 Attention: Beth Bailey Public Information Officer We hereby propose to furnish labor and materials for the "C ity Hall in the Mall" Project for the sum of $15,525.00 Payment will be made as follows: Upon commencement of the work; a 50% bill will be submitted to the City of Boynton Beach and payment is expected within 10 days Upon final completion of the work, a bill will be submitted for the balance due and payment will be expected within 2 weeks (14 days) By: �� BY • DALE WALKER, PRESIDENT BETH BAILEY D.L. WALKER CONSTRUCTION PUBLIC INFORMATION OFFICER ACCEPTANCE OF CONTRACT: The above is accepted as to the Proposal. Accepted By: (Title) Date: D.L. Walker Construction 316 S. 56th Terrace, Hollywood, fl 33023 JI!L -17 -96 WED 01 :54 PM D.L.WOLKEP.00w —, TAI» TIO ". 22 2 F•O3 ADDENDUM A. Demolition: Remove front wall, ceiling tile, carpeting. sidewall display soffits, remove foam core board on storefront - remove 1x 6 T • G wood on wall. B. Drywall: Built a new wall as per plans with new 3 - x 6 - pre -hung door wall will be built to underside of ceiling C. Wall Patching: Patch and prep all walls for a "ready to paint condition" D. Acoustic Ceiling: Patch grid where necessary, paint all ceiling grid black and replace all ceiling tile with 2' x 4' class A panels in white (non -fire rated) 1 full box and any remaining out of an open box will be furnished for future replacements E. Painting: Prime existing mural with oil base primer and prime all walls and paint all walls with a latex paint for a finish coat 2 coats total off white color (some wall areas will require 3 coats of paint) F. Storefront : Re- formica face only bottom and top Color will be picked by the city G. Bathroom: Grab rails, medicine cabinet and paint only. No ADA or bandi -cap upgrades included It Electrical Work. Eliminate switches and outlets where necessary. Install 20 - 2 x 4 bulb florescent fixtures in ceiling grid with 2 switches and 1 in rear (2- circuits total) no other electric work is included I. Phone Lines: Ot t� Install six (6) conduits with boxes in wall and stubbed up into acoustic ceiling No wire or hook -up included II. EXCLUSIONS: No work other than the above is included in this proposal. Any existing condition on the site that needs repairing or upgraded to meet local building codes was not bid on therefore, will be charged extra over and above the contract price. Plans and permits are not included. Trash dumpsters and removal not included. A/C work, fire sprinklers, carpet not included. D.L. Walker Construction 31 S. 56th Terrace, Hollywood, Fl. 33023 EXHIBIT B -2 CONTRACTOR'S FULL WAIVER OF LIENS AND CLAIMS This is to certify that the undersigned, hereinafter, referred to as Contractor, being duly sworn, declares, upon oath to, - 17-/ C /- y D P 6o y `i herein referred to as the Owner That the Contractor, D.L Walker Construction has paid in full for materials, labor, supplies skill, necessary services, tools, equipment used and rental thereon, appliances furnished, power and other bills heretofore contracted by it or any of its agents, employees, material suppliers, or subcontractors and I�yJ sed contributing to the execution of its Contract with c f 7/ - / the Owner on the building, erection, construction, repair or destruction of the structure or improvement known as, tt ? - 1 y / / A 1 . t - i f- 7 - /4*_ /ill / 1 - ' , situated upon a certain parcel of land in the City or County of P/1/-*/ heil - State of FL (the "Property ") and the Contractor knows of no unpaid debts or claims arising out of said contract with the Owner, which would constitute a lien upon the structure or improvements or of any unpaid claims of any nature against the Contractor, or the Owner, Further in consideration of the premises and the sum of $ /� S'2 ©a , paid to the Contractor by Owner, the receipt of which is hereby acknowledged, the Contractor does hereby receipt and acquit the Owner in full for all sums, monies, claims, debts, demands, liens and causes of action owing to or existing in favor of the Contractor; on the condition that the amount of $ 7'7 6 '4 . 5 , is paid in full by the Owner Further, Contractor agrees to save, protect and hold harmless the Owner, the Property, its successors and assigns against any liability for damages, costs and /or expenses (including attorney's fees) growing out of or arising from or suffered by the Owner on account of claims made for items herein represented as being paid and discharged and /or continuing obligations and the Contract such as Warranties and /or service obligation on which demand may hereinafter be made against the owner and /or its successors and assigns Executed In DLO i Jl & uaki(k Couunty� b D (city) (state) on this ( day of .. %" , 1996 ` / ,/� - w)44._1<6.-4. co,. 5`4 a - BY /Cafe— �ci!'� w Contractor Name Title pe S 1 21.A STATE OF FLORIDA COUNTY OF 5 Zt firegoing, instrument was acknowledged before me this g-4 day of le�cice_., 1996, by , a He is personally known to me or has produced as identification and did not take an oath My Commission Expires / /`. Not . ry ' ∎ lic St e of Florida 'OFFICIAL SEAL" CONDITAL LIE I* Neva Goner Ft`V . • = My Co enizsion Expires 8/31/97 , o � o ` Commission #CC 312320