R11-057I RESOLUTION NO. RI1 -06'
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE AWARD, AND
5 AUTHORIZING THE CITY MANAGER AND CITY
6 CLERK TO EXECUTE A CONTRACT WITH
7 THERMAL CONCEPTS, INC., FOR BID #040 -2510-
8 11 /CJD, FOR THE REPLACEMENT OF THE
9 EXISTING COOLING TOWERS AT CITY HALL
10 COMPLEX IN THE AMOUNT OF $187,450.00 WITH A
V CONTINGENCY IN THE AMOUNT OF $15,000.00 FOR
12 A TOTAL EXPENDITURE OF $202,450.00; AND
13 PROVIDING AN EFFECTIVE DATE.
14
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16 WHEREAS, on April 12, 2011, Procurement Services received and opened nine (9)
17 bid proposals in response to #040 - 2510 -11 /CJD for the replacement of the existing cooling
18 towers at City-Hall Complex; and
19 WHEREAS, the City's consultant, CH2M Hill and staff reviewed the bid proposals
20 and recommend awarding the contract to Thermal Concepts, Inc., of Davie, Florida as the
21 lowest, most responsive, responsible bidder who met all qualifications; and
22 WHEREAS, the City Commission of the City of Boynton Beach upon
23 recommendation of staff, deems it to be in the best interest of the citizens of the City of
24 Boynton Beach to award and authorize execution of a contract with Thermal Concepts, Inc.,
25 Bid #040 - 2510 -11 /CJD for the replacement of the existing cooling towers at City Hall
26 complex in the amount of $187,450.00 with a contingency in the amount of $15,000.00 for a
27 total expenditure of $202,450.00.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S \CA\RFSO\Agreements \Reno - Award Contract to Thermal Concepts for cooling towers doc
1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida does
hereby approve the award and authorizes the City Manager and City Clerk to execute a
contract with Thermal Concepts, Inc., Bid 4040 - 2510- 11 /CJD for the replacement of the
i existing cooling towers at City Hall complex in the amount of $187,450.00 with a
contingency in the amount of $15,000.00 for a total expenditure of $202,450.00, a copy of
i
which is attached hereto as Exhibit "A ".
1 Section 3. This Resolution shall become effective immediately upon passage.
1 PASSED AND ADOPTED this – I — of May, 2011.
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2E ATTEST:
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3E ( f oml� , M1 Seal)
S %CA areer�rSwp-
CITY OF BOYNTON BEACH, FLORIDA
Vv iam Orlove
– Woodrow
Commissioner – Marlene Ross
Contract to Thermal Concepts for cooling towers doc
FR 1I -057
CONTRACT
THIS AGREEMENT, made and entered into this day of ,
A.D. 20_, by and between the CITY OF BOYNTON BEACH, a municipal corporation of
Florida, hereinafter called the "City" and Thermal Concepts , Inc.
a Florida Corporation L X ) Check One
a Florida General Partnership �)
a Florida Limited Partnership )
a Sole Proprietor
hereinafter called "CONTRACTOR".
WITNESSETH
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, had determined that the bid in the total
amount of one hundred and eighty seven thousand four hundred and fifty dollars and
no cents $187,450.00 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
1.1 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 April 12, 2011,
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:
Bid Title: "Replacement of Two (2) Chiller Towers at City Hall
Complex"
Bid Number: 040 - 2510 -11 /013
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 totaling $187,450.00.
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
with the conditions and prices as stated in the contract, General Conditions
for Construction, and Supplementary Conditions for Construction, plans
which include all maps, plats, blueprints, and other drawings and printed
or written explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 All the work and labor performed under this contract shall be performed,
and all of the material fiarnished 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
to comply with every requirement and stipulation therein contained to be
performed by the party contracting to do said work.
2.3 The CONTRACTOR further agrees to furnish all tools, equipment,
materials and supplies and to do all the work above mentioned in a first -
class, substantial and workmanlike manner, and in conformity with the
detail for said work on file in the office of the City Engineer of the City
and strictly in accordance with the specifications, general stipulations and
plans which are hereby referred to and made a part of this contract, as well
as to the satisfaction of the City Commission and City Engineer of the said
City, and in strict obedience with the directions which may be given by the
City Manager or his authorized representative, at and for the prices herein
plainly set forth.
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 255.05, 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 supplied by CITY.
2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys,
parkways and adjacent property that may have been used or worked on by
the CONTRACTOR in connection with the project promptly as such
section or portion is completed and ready for use, leaving the same in a
neat and presentable condition.
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 himself, 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 to
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 the project. 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 in 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 structure 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 material found not meeting the
requirements of the specifications shall be removed by or at the expense of
the CONTRACTOR and good and satisfactory workmanship or material
substituted therefore. All settlement, defects or damage upon any part of
the work shall be remedied and made good by the CONTRACTOR.
2.11 The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and
will be required to make good at his own cost any damage or injury
occurring from any cause.
3.0 COMMENCEMENT 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 60 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 time made in accordance with herein before set
forth, the CONTRACTOR shall be liable to the CITY, as liquidated
damages and not as penalty, in the amount stipulated therefore in the
General Conditions for Construction or in other documents for each and
every calendar day that the CONTRACTOR shall be in default of
completion.
The CITY shall have the right to deduct said liquidated damages from any
amount due, or that may become due the CONTRACTOR, or to collect
such liquidated damages from the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable after signature of contract,
confirm with City Engineer in writing, the names of subcontractors as
originally proposed for principal parts of work, and for such others as City
Engineer may direct. Contractor shall not employ any that City Engineer
may, within a reasonable time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay $3,500.00 per calendar day as
liquidated damages, for failure to begin within ten (10) days of "Notice to
Proceed" or failure to complete the work within 60 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, guard rails 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 the 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 all excavations, incidental to the execution 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 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.
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 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 shall
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 against any kind and all causes,
claims, demands, actions, losses, liabilities, settlements, judgments,
damages, costs, expenses, and fees (including without limitation
reasonable attorney's and 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 this 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 Attachment "
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 work or
make changes by altering, adding to or deducting from the work, the
Contract sum being adjusted accordingly. All such work shall be executed
under the conditions of the original Contract. Any claim for extension of
time caused thereby shall be made in writing at the time such change is
ordered.
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 implement the change order.
8.3.2 Should the CONTRACTOR or any of his subcontractors
commence with the 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 work is required
under the contract and no future claim for extras will be considered
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.
8.3.4 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 Contract.
8.4 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 except 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 allowability and eligibility of costs
proposed.
8.4.3.2 The CONTRACTOR shall have an accounting system
which accounts for such costs in accordance with generally
accepted accounting principles. This system shall provide
for the identification, accumulation and segregation of
allowable and unallowable Change Order costs.
8.4.3.3 Where it is indicated that the Contract is Federally or State
assisted, the CONTRACTOR'S attention is directed to the
applicable rules and regulations relative to cost principles
which must be used for the determination and allowability
of costs under grant.
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 CONTRACTOR and Subcontractors'
general overhead and profit in the aggregate exceed fifteen
(15) percent of the total cost of direct labor, fringe benefits,
direct overhead, materials, supplies, equipment and directly
related services supplied by him. Among the items
considered as general overhead are bonds, insurance,
incidental job burdens, supervision and general office
expenses.
8.4.3.6 In no case shall the CONTRACTOR'S cost for
administering subcontracts 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, 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 done under the Change
Order. Duplicate copies of the 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 that same was ordered, in writing, as aforesaid and the
claim presented at the time of the first estimate after the work is
completed.
8.6 No Field Change Directive or Change Order shall be authorized by the
Project Manager if the Contractor has added language to the Field Change
Directive or Change Order or to any cover letter, e-mail, facsimile, or
other written document which accompanies the Field Change Directive or
Change Order in which the contractor attempts to reserve any future right
or claim arising out of the work which is the subject of the Field change
Directive or Change Order.
9.0 PROJECT ENGINEER
9.1 The project Engineer shall be CH2M Hill — Contact: Anderson
Slocombe, AIA— Phone:.561- 904 -7503.
9.2 The Engineer shall have general supervision and direction of the work.
The Engineer is the agent of the CITY only to the extent provided in the
contract documents and when in special instances he has the authority by
CITY to act, and in such instances he shall, upon request, show
CONTRACTOR written authority.
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, 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
connected herewith, and whenever any of the work in the contract is to be
sublet, CONTRACTOR'S contingent or protective liability and property
damage insurance. Such insurance shall provide limits not less than those
set forth on the insurance requirement schedule attached as Attachment
«
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
not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at
the work site. Internal combustion engines used with construction
equipment shall be equipped with mufflers, as required by the Code of the
City of Boynton Beach, and the CONTRACTOR shall comply with all
requirements of this Code as they pertain to prevention of noise. No pile
driver, excavating or other construction equipment, pneumatic hammer,
derrick, the use of which is attend by loud or unusual noise, shall be
operated between the hours of 6:00 P.M. and 7:00 A.M., except by written
permission of the City Manager, and then only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
10.4 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 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, 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 judgment of the City Manager, ensure 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 notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and
stop work and cease to have any right to the possession of 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. 1.1 Complete 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 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, by the act or omission of any other
party, or delay caused by weather conditions or unavailability of materials,
the sole remedy available to CONTRACTOR shall be by extension of the
time allocated to complete the project. 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 Conditions for Construction.
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 Engineer, project
manager and consulting engineers.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and
the CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
-s
r. C -%. N t . l- %;- i
CITY OF BOYNTON BEACH, FLORIDA
Attest:
City Clerk
Signed, sealed and witnessed
i the presence o£
A
t"
Thermal Concepts, Inc.
the Vice President
��Attest as to Contractor
State of Florida )
ss:
County of Palm Beach )
On this day of vY\-� , 2011 k , personally appeared before me duly
authorized to administer oaths �� `j �o `'1'�C f 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.
e
Notary Public
My Commission Expires:
O1pRY P � B Ii GINA UXIE
05/04/01 ktr
* * MY COINMISSION 4' DD 775936
EXPIRES: May 23, 2012
�4rp sEd"A� Bonded Tpm Budget Notary Services
01 -o51
MEMORANDUM
TO: Janet Prainito
City Clerk
FROM: Tim Howard " 1"
Deputy Director of Finance
DATE: May 9, 2011
SUBJECT: CONTRACT FOR
REPLACEMENT OF TWO(2)
CHILLER TOWERS AT
CITY HALL COMPLEX
Attached is the original contract for approval at the May 17, 2011 Commission meeting. Upon
approval please send me the original for Thermal Concepts, Inc. to execute.
Thank you
/cjd
c: File
[i3lvl ,,,
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
e -mail: prainitoj @bbfl.us
www.boynton- beach.org
MEMORANDUM
TO: Tim Howard
Deputy Director of Finance
FROM: Judith A. Pyle, CMC
Deputy City Clerk
DATE: June 15, 2011
SUBJECT: R11 -057 Agreement with Thermal Concept, for the Replacement
of Two Chiller Towers at City Hall Complex
Attached for your information and file is the contract mentioned above. Since the
document has been fully executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
Attachment
C: Central File
SXC \WP \AFTER COMMISSION \Departmental Transmittals\2011 \Tim Howard R1 1 -057 Thermal Concept Chillers for City
Hall Complex Executed.doc
America 's Gateway to the Gul fvtreatn
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310 P-0- # : 110 816
BOYNTON BEACH, FLORIDA 33425 -0310 DATE: 06/15/11
VENDOR 7539
SHIP TO:
TO: THERMAL CONCEPTS INC. City of Boynton Beach
2201 COLLEGE AVENUE PUBLIC WORKS DEPARTMENT
DAVIE, FL 33317 222 N.E. 9TH AVENUE
BOYNTON BEACH, FL 33435
REQUISITION NO. 54672 I ORDERING DEPARTMENT: FACILITIES /AS
DATE NEEDED: I BID NO: I COMMISSION APPROVED:
EXTENDED
LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST
1 187450.00 DL STAINLESS STEEL COOLING TOWERS 1.0000 187450.00
FOR THE CITY HALL
COMPLEX. 100 E. Boynton Beach
Boulevard,
Boynton Beach, FL
REMARKS:
Bid no. 040- 2510- 11 /CJD; Commission Approved
May 17, 2011; Resolution R11 -057.
187450.00
PROCUREMENT SERVICES: I ` 61Sl,, I P.O. TOTAL: I 187450.00
FLORIDA STATE SALES TAX EXEMPTION ' IMPORTANT INSTRUCTIONS E INVOICE FOR THIS
CERTIFICATE NO. 85 8012621544C - 0 1 RENDER SEPARAT
OUR PURCHASE ORDER NUMBER MUST APPEAR ON ALL ORDER OR FOR EACH SHIPMENT THEREON
PACKAGES, TICKETS, INVOICES, STATEMENTS, AND IMMEDIATELY FOLLOWING SHIPMENT.
THE CITY OF BOYNTON BEACH IS EXEMPT FROM CORRESPONDENCE.
FEDERAL EXCISE TAXES: WHERE TAX APPLIES 2PREPAID FREIGHT CHARGEABLE TO THE
INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: CITY OF BOYNTON BEACH MUST BE
TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT SUPPORTED BY CARRIER'S RECEIPT.
BE FURNISHED UPON REQUEST. P.O. BOX 310
BOYNTON BEACH, FL 33425 -0310 3.INVOICES AND STATEMENTS SUBJECT
TO CASH DISCOUNT SPECIFIED HEREON.
ORIGINAL
BID BOND
STATE. OF FLORIDA )
COUNTY OF PALM BEACH )
KNOW AI.I, M.EN BY THESE PRF.SI:N "I'S, that THERMAL CONCEPTS, INC.
as Principal, and LIBERTY MUTUAL INSURANCE COMPANY_ as Surety, authorized to do
business in the State. of Florida are held and firmly hound unto the Owner, tzL
in the penal sum of FIVE PERCENT OF AMOUNT BID-
Dollars (S * * *5 % * * * * ** ) lawful money of the t lnited States, for the payment of which sum will
and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBL.I(;ATION 1S SL!C'H, that whereas the Principal has
submitted the accompanying bid, dated _ April 12 — _ _ �O 11 , for:
REPLACEMENT OF TWO (2) CHILLER TOWERS AT CITY HALL COMPLEX
BID# 040 -2-
NOW THEREFOKE,
A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening
of the same, and shall within ten (10) days after the preseribed forms are presented to
him for signature, enter into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surety or sureties, as rmav he
required, for the faithful performance and proper fulfillment of such Contract, then the
above obligations shall be void and of no effect, otherwise to remain in full force and
effect.
B. In the event of the. withdrawal of said Bid "''thin the period specified, or the tallure to
enter into such Contract and give Such honns within the lime specitied, il'the principal
shall pay the Owner file difference between the amount specified in said Bid and the
allldllnt for 4011eh the Owner may procure the required work and supplies, if the latter
�arllount be in excess of the former then the above obligations shall be void and of no
effect, otherwise to remain in full fierce and effect.
BIB - I
L
C. "This bond is given to comply with Section 255.05 Florida Statutes, and any action
instituted by a claimant under this bond for payment must be in accordance with the
notice and time limitation provisions in Section 255.05(2)_ Florida Statutes.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several seals, this 12th_ day of April, 2011 _ — _ being hereto affixed and
these presents duly signed by its undersigned representative, pursuant to authority of is governing
bodv.
WITNESS: (If Sole Ownership or Pariner:ship, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
THERMAL CONCEPTS, INC.
Name of Firm — — — -
I'Nf:SS:
Sigi tu.re f .Authorized Officer (affixed seal)
Title
2201 College Avenue
Business Address -- — - - - --
Davie, FL 33317
City and State — -- — — —
BIR -
SL8ETE
LIBERTY MWTUALXNGUBANC E COMPANY
Corporate Surety
YVFTY�ESS:
AA4aty
175 Berkeley reet
Boston, MA 02116
City ----------- ------- --� --�
Brown &�ownof Florida, Inc.
/x un mror. L Local d |------�---- -------
nyumnce&gcocy
mo ,
T141S'POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 3036485
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance
company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint
GERALD J. ARCH, JAMES F MURPHY, SHAWN BURTON, JOANNE M. MURSELL, MICHAEL A. HOLMES, ALL OF
THE CITY OF FT. LAUDERDALE, STATE OF FLORIDA ........................
............................................. ...............................
.......................................................... ..._ ..................................... ................................................... .....................................
each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its
FIFTY behalf as sure and as its act and deed, an�rand all undertakings, bonds, recognizances and other'suret y obli ations in the penal sum not exceeding
MILLION AND 00/ 100 * ""* ** *. * ** �,. * *. *. * ** �..* *..* *, * *. * #.. * * *. g
DOLLARS ($ 50;000.000.00 * ** * *** * *** ** * * * * * **
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance .of these presents, shall be as binding upon the the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By -law and Authorization
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'a
y attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N
D. signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instrument
as binding as if signed by the president and attested by the secretary. s shall be
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
A
� Pursuant to Article Xlif, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual insurance Company, is hereby C
authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. — C
0
y O That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. �w
O IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 28th day of Juiv
_ 3 _ 010
N w
G LIBERTY MUTUAL INSURANCE COMPANY
0 J1 ' Garnet W. Elliott, Assistant Secretary y o
COMMONWEALTH OF PENNSYLVANIA ss - L O
. COUNTY OF MONTGOMERY w
to d O C
c On this 28th day of July 2010 ,before me, a Notary Public, personally came Garnet W. €Ilicff, to me known, and acknowledged .* d
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
L E Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction io
i on of said corporation.
>
. IN TESTIMONY WH unto subscribed my name and affixed my notarial :seal at Plymouth year
Meeting, Pennsylvania, on the day and ye t
v first above written. 4 c) w
W G r,. N
L 'f;l - - j, COMMONWEALTH OF PENNSYLVANIA . - -
O 3 OF _ Taresaf oNfa,NaaryPublic _� N
Z V - _ wymoWK SY,p, MoMgranery c mI rIf _ B A%� ��/ " a W ow."r -Aim expkes March 28.2013 F y
Teresa Pastella, Notary Public O p
0 0
CERTIFICATE 0
I, the undersigned, Assistan cretary of Liberty Mutual Insurance Company, do hereby certify that.the original power of attorney of which the foregoing
is a full, true and correct copy, is in full. force and effect on the date of this certificate; and .t do further certify that the officer or official who executed the
said power of attorney is an Assistant Secretary specially authorized. by the chairman or the president to appoint attorneys -in -fact as provided in Article
XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company.
This certificate and the above power of attomey may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 1 h da y of
April 2011 y
By r
Davi M. Carey, Ass' 't Secretary
2rl -o .67
CONTRACT
THIS AGREEMENT, made and entered into this lS day of
A.D. 20_ by and between the CITY OF BOYNTON BEACH, a municipal corporation of
Florida, hereinafter called the "City" and Thermal Concepts , Inc.
a Florida Corporation (X ) Check One
a Florida General Partnership (_}
a Florida Limited Partnership
a Sole Proprietor
hereinafter called "CONTRACTOR".
WITNESSETH
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, had determined that the bid in the total
amount of one hundred and eighty seven thousand four hundred and fifty dollars and
no cents 5187.450.00 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
1.1 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 April 12. 2011.
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:
Bid Title: "Replacement of Two (2) Chiller Towers at City Hall
Complex"
Bid Number: 040 - 2510- 11 /CJD
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 totaling $187.450.00.
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
with the conditions and prices as stated in the contract, General Conditions
for Construction, and Supplementary Conditions for Construction, plans
which include all maps, plats, blueprints, and other drawings and printed
or written explanatory matter thereof as contained in the bid, contract
documents and specifications for the project.
2.2 All 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
to comply with every requirement and stipulation therein contained to be
performed by the party contracting to do said work.
2.3 The CONTRACTOR further agrees to furnish all tools, equipment,
materials and supplies and to do all the work above mentioned in a first -
class, substantial and workmanlike manner, and in conformity with the
detail for said work on file in the office of the City Engineer of the City
and strictly in accordance with the specifications, general stipulations and
plans which are hereby referred to and made a part of this contract, as well
as to the satisfaction of the City Commission and City Engineer of the said
City, and in strict obedience with the directions which may be given by the
City Manager or his authorized representative, at and for the prices herein
plainly set forth.
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 255.05, 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 supplied by CITY.
2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess
material, temporary structures, tools and equipment from streets, alleys,
parkways and adjacent property that may have been used or worked on by
the CONTRACTOR in connection with the project promptly as such
section or portion is completed and ready for use, leaving the same in a
neat and presentable condition.
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 himself, 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 to
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 the project. 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 in 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 structure 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 material found not meeting the
requirements of the specifications shall be removed by or at the expense of
the CONTRACTOR and good and satisfactory workmanship or material
substituted therefore. All settlement, defects or damage upon any part of
the work shall be remedied and made good by the CONTRACTOR.
2.11 The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and
will be required to make good at his own cost any damage or injury
occurring from any cause.
3.0 CON04ENCEMENT 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 60 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 time made in accordance with herein before set
forth, the CONTRACTOR shall be liable to the CITY, as liquidated
damages and not as penalty, in the amount stipulated therefore in the
General Conditions for Construction or in other documents for each and
every calendar day that the CONTRACTOR shall be in default of
completion.
The CITY shall have the right to deduct said liquidated damages from any
amount due, or that may become due the CONTRACTOR, or to collect
such liquidated damages from the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable after signature of contract,
confirm with City Engineer in writing, the names of subcontractors as
originally proposed for principal parts of work, and for such others as City
Engineer may direct. Contractor shall not employ any that City Engineer
may, within a reasonable time, object to as incompetent or as unfit.
4.0 LIQUIDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay $3.500.00 per calendar day as
liquidated damages, for failure to begin within ten (10) days of "Notice to
Proceed" or failure to complete the work within 60 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, guard rails 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 the 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 all excavations, incidental to the execution 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 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,
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 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 shall
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 against any kind and all causes,
claims, demands, actions, losses, liabilities, settlements, judgments,
damages, costs, expenses, and fees (including without limitation
reasonable attorney's and 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 this 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 Attachment "
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 work or
make changes by altering, adding to or deducting from the work, the
Contract sum being adjusted accordingly. All such work shall be executed
under the conditions of the original Contract. Any claim for extension of
time caused thereby shall be made in writing at the time such change is
ordered.
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.
83 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 implement the change order.
8.3.2 Should the CONTRACTOR or any of his subcontractors
commence with the 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 work is required
under the contract and no future claim for extras will be considered
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.
8.3.4 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 tq the CITY'S Representative with full
explanations and justifications for his consideration in preparing a
Change Order to the Contract.
8.4 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 except 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 allowability and eligibility of costs
proposed.
8.4.3.2 The CONTRACTOR shall have an accounting system
which accounts for such costs in accordance with generally
accepted accounting principles. This system shall provide
for the identification, accumulation and segregation of
allowable and unallowable Change Order costs.
8.4.3.3 Where it is indicated that the Contract is Federally or State
assisted, the CONTRACTOR'S attention is directed to the
applicable rules and regulations relative to cost principles
which must be used for the determination and allowability
of costs under grant.
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 CONTRACTOR and Subcontractors'
general overhead and profit in the aggregate exceed fifteen
(15) percent of the total cost of direct labor, fringe benefits,
direct overhead, materials, supplies, equipment and directly
related services supplied by him. Among the items
considered as general overhead are bonds, insurance,
incidental job burdens, supervision and general office
expenses.
8.4.3.6 In no case shall the CONTRACTOR'S cost for
administering subcontracts 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, 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 done under the Change
Order. Duplicate copies of the 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 that 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
8.6 No Field Change Directive or Change Order shall be authorized by the
Project Manager if the Contractor has added language to the Field Change
Directive or Change Order or to any cover letter, e-mail, facsimile, or
other written document which accompanies the Field Change Directive or
Change Order in which the contractor attempts to reserve any future right
or claim arising out of the work which is the subject of the Field change
Directive or Change Order.
PROJECT ENGINEER
9.1 The project Engineer shall be CH2M Hill — Contact: Anderson
Slocombe. AIA— Phone %561- 904 -7503.
9.2 The Engineer shall have general supervision and direction of the work.
The Engineer is the agent of the CITY only to the extent provided in the
contract documents and when in special instances he has the authority by
CITY to act, and in such instances he shall, upon request, show
CONTRACTOR written authority.
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, 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
connected herewith, and whenever any of the work in the contract is to be
sublet, CONTRACTOR'S contingent or protective liability and property
damage insurance. Such insurance shall provide limits not less than those
set forth on the insurance requirement schedule attached as Attachment
«
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
not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to prevent the
generation of loud, unnecessary noise in conjunction with his operations at
the work site. Internal combustion engines used with construction
equipment shall be equipped with mufflers, as required by the Code of the
City of Boynton Beach, and the CONTRACTOR shall comply with all
requirements of this Code as they pertain to prevention of noise. No pile
driver, excavating or other construction equipment, pneumatic hammer,
derrick, the use of which is attend by loud or unusual noise, shall be
operated between the hours of 6:00 P.M. and 7:00 A.M., except by written
permission of the City Manager, and then only in case of emergency.
11.0 GUARANTEE AND WARRANTIES
10.4 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 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, 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 judgment of the City Manager, ensure 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 notify the CONTRACTOR and
Surety and the CONTRACTOR shall immediately respect such notice and
stop work and cease to have any right to the possession of 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. 1.1 Complete 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 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 THWE 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, by the act or omission of any other
party, or delay caused by weather conditions or unavailability of materials,
the sole remedy available to CONTRACTOR shall be by extension of the
time allocated to complete the project. 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 Conditions for Construction.
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 Engineer, project
manager and consulting engineers.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and
the CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest: �1
r
City Clerk
��PaT
Signed, sealed and witnessed
the resence of
4:.A
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CITY OF BOYNTON BEACH, FLORIDA
dxv
Thermal Concepts, Inc.
Presifmt the Vice President
Attest as to Contractor
State of Florida j
ss:
County of Palm Beach i
On this
t day of V1� , 2011 , personally appeared before me duly
authorized to administer oaths ' r 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.
Notary Public
My Commission Expires: 3- X) I
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EXPO : MAY 23, 2012
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