R01-012 RESOLUTION NO. R 01-/~,~
A RESOLUTION OF THE ClTY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID (NO. 016-2821-01C]D) FOR
THE PAINTING OF THE EAST WATER TREATMENT
PLANT AND MISCELLANEOUS PUMP HOUSES AT
LI'I-FLE LEAGUE PARK TO V.I.P. PAINTING, INC., IN
THE AMOUNT OF $37,885.00 ; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID
CONTRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Procurement Services received and opened Bids for the
above mentioned project on December 27, 2000, and it was determined that
V.I,P. Painting, Inc., of Coral Sprinigs, Florida, was the most responsive bidder
who met and exceeded all specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMHI'SSi'ON
OF THE c'rTY OF BOYNTON BEACH, FLORI'DA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of a bid for painting of the East Water Treatment
Plant and miscellaneous pump houses at Little League Park in the amount of
$37,885.00, V.I.P. Painting, Inc., of Coral Springs, Florida, and authorizing the
Mayor and City Clerk to execute a Contract between the parties, a copy of which
is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS
A'I-I'EST:
lerk
I I~,~ ~~¢~ Painting 012201
day of February, 2001.
CITY OF)BOYNTON BEACH, FLORIDA
Co"mm-~sioner
.missioner
Commissioner
Requested City Commissio~
Meeting Dates
[] November 21,2000
[] December 5, 2000
[] December 19, 2000
[] January 2, 2001
V-CONSENT AGENDA
ITEM B-7
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
November 9, 2000 (5:00 p.m.)
November 22, 2000 (5:00 p.m.)
December 6, 2000 (5:00 p.m.)
December 20, 2000 (5:00 p.m.)
Requested City Commission
Meeting Dates
[] January 16, 2001
[] February 6, 2001
[] February 20, 2001
[] March 6, 200l
Date Final Form Must be Turned
in to City Clerk's Office
January 3, 2001 (5:00 p.m.)
January 17, 2001 (5:00 p.m.)
February 7, 2001 (5:00 p.m.)
February 21, 2001 (5:00 p.m.)
NATURE OF
AGENDA ITEM
[] Administrative [] Development Plans
[] Consent Agenda [] New Business
[] Public Heating [] Legal
[] Bids [] Unfinished Business
[] Announcement [] Presentation
RECOMMENDATION: A motion to award the "PAINTING OF THE EAST WATER TREATMENT PLANT AND
MISCELLANEOUS PUMP HOUSES AT LITTLE LEAGUE PARK", Bid #016-2821-01/CJD, to V.I.P. PAINTING,
INC. of Coral Springs, Florida in the amount of $ 37,885.00.
EXPLANATION: On December 27, 2000, Procurement Services received and opened eight (8) bids for the
"PAINTING OF THE EAST WATER TREATMENT PLANT AND MISCELLANEOUS PUMP HOUSES AT
LITTLE LEAGUE PARK". After review of the eight (8) proposals, it has been determined that V.I.P. PAINTING,
INC. is the lowest, most responsible, responsive bidder who meets all specifications. Bill DeBeck, Project Manager,
Engineering, concurs with this recommendation (see attached Memo #01-011).
In this recommended award it should be noted that the specification check off sheets were not enclosed with the bid
proposal, but obtained subsequently to complete the requirements of the bid proposal. Provisions in the "Instructions
to Bidders" allow for the City to waive any irregularities, or informality. Accepting the specifications after the bid
opening did not have impact on pricing, and basically assures that the bidder fully understands the requirements for
the service to be provided. Therefore, this waiver is being applied at this time in accepting the specification check off
sheets, and making this recommended bid award.
PROGRAM IMPACT: The purpose of this bid was to seek painting contractors to paint the East Water Treatment
Plant and Miscellaneous Pump Houses at the Little League Park.
FISCAL IMPACT: Funding for the painting of the various locations is allocated in the following budget:
Description Account Number
NON-OPERATING 407-5000-590-96-01
Deputy Director of Financial Services
Procurement Services
Department Name
Budeet Amount
.~C~ Signature
City Attorney/Human Resources
S :~BULLETINWORMS'~AGENDA ITEM REQUEST FORM.DOC
CONTRACT
THIS AGREEMENT, made and entered into this day of
A.D. 2000, by aiad between the CITY OF BOYNTON BEACH, a municipal corporation of
Florida, hereinafter called the "City" and V.I.P. PAINTING, INC.
a Florida Corporation ( )
a Florida General Partnership ( )
a Florida Limited Partnership ( )
a Sole Proprietor ( )
Check One
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, hereina~er described, and
said Commission having canvassed said bids, had determined that the bid in the total
amount of Thirty seven thousand eight hundred and eighty five dollars and 00/100
submitted by the aforementioned CONTRACTOR was th~ 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 December 27,
2000, 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: PAINTING OF THE EAST WATER
TREATMENT PLANT AND MISCELLANEOUS PUMP
HOUSES AT LITTLE LEAGUE PARK
Bid Number:
#016-2821-01/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 $37.885.00.
2.0
SCOPE
2.1
2.2
2.3
2.4
2.6
2~7
OF SERVICES
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 conditions,
supplemental general conditions and special conditions of the contract,
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.
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.
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.
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.
To comply with the provisions of Section 255.05, Florida Statutes, if
applicable.
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.
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
3.0
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 therefor. 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 forthe 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
occtming fi:om any cause.
COMMEN~~ 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 75 days following the
commencement date as specified in same.
4.0
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
special conditions or in other documents for each and every calendar day
that the CONTRACTOR shall be in default of completion.
The CITY shall have the fight 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;
notify City Engineer in writing of names of subcontractors proposed for
principal parts of work, and for such others as City Engineer may direct,
and shall not employ an that architect may, within a reasonable time,
object to as incompetent or as unfit.
LIQUIDATED DAMAGES
4.1
The CONTRACTOR further agrees to pay $250.00 per day as liquidated
damages, for failure to begin within ten (10) days of''Notice to Proceed"
or failure to comPlete the work within 75 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 wan'ants 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.
6.0
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
rrianner 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.
INDEMNIFICATION
6.1
6.2
6.3
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, servant& or
employees in the performance of services under this Agreement.
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.
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 "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.
7.0
8.0
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.
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.
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 --~
8.4
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 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 detennine
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 mounts
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.
8.5
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 Mm. 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 dally, weekly or monthly as
appropriate.
8.4.3.8
Records of extra work done shall be reviewed at thc end of
each day by the CONTRACTOR and the Engineer. Such
dally 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.
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
9.0
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.
PROJECT ENGINEER
9.1 The project engineer shall be BILL DE BECK. PROJECT MANAGER FOR THE
ENGINEERING DEPARTMENT.
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 faithflal performance by both.
10.0 INSURANCE
10.1
The CONTRACTOR shall maintainduring 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, non-renewal 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 ease of emergency.
11.0 GUARANTEE AND WARRANTIES
11.1 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; ifa 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 fight 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
13.0
14.0
15.0
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.
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.
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 enablirig
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.
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 anact 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 parties hereto have caused this
agreement to be executed as of the day and year first above-written, in on (1)
counterpart of which shall for all purposes be deemed the original.
ATTEST:
CITY OF BOYNTON BEACH
PALM BEACH C~UNTY,~,OmlJA
· MAYOR
CONTRACTOR
AUTHORIZED OFFICER
TITLE
(CORPORATE SEAL)
CONTRACT DOCUMENTS:
Approved as to correctness
and form:
CITY ATTORNEY'~
4
DEPARTMENT OF ENGINEERING
MEMORANDUM
NO. 01-011
TO:
THRU:
FROM:
DATE:
RE:
Bill Atkins, Assistant Finance Director
John A. Guidry, Interim Director of Engineering
Bill DeBeck, Project Manager~
January 12, 2001
PAINTING OF EAST WATER PLANT (EWP)
RECEIVED
JAN 1 8 2001
Please award the bid No. 016-2821-01 / CJD to the low bidder V.I.P. Painting in the amount of $37,885.
This company just finished five (5) other City buildings and has attended an additional walk thru meeting
to confirm their price and scope of work acceptance.
Budget amount was $50,000. The account # to use is 407-5000-59:0.96-01 WTR 089.
If there are any questions please contact Bill DeBeck at ext. 6286.
JAG:WMD/ck
Xc: Bill DeBeck
J:\SHRDATAXEngineering~DeBeck~EWP Painting - Award to V.I.P. Painting.doc
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The City of
Boynton Beach
April 11, 2001
V.I.P. PAINTING, INC.
11540 WILES ROAD, BAY #5
CORAL SPRINGS, FL 33076
ATTN: ALEX CALDW-ELL
"PAINTING OF THE EAST WATER TREATMENT PLANT AND
MISCELLANEOUS PUMP HOUSES AT LITTLE LEAGUE PARK"
BID #016-2821-01/CJD
Dear Mr. Caldwell:
We are in receipt of your insurance requirements, executed contract, Performance Bond, and
Labor & Materials Payment Bond for the above referenced project.
Enclosed are the following items: a copy of Purchase Order #000624, copy of the executed
Contract and the Notice To Proceed, Please sign the Notice To Proceed on behalf of your
company, keep the original for your records, and return a copy to the City as soon as possible.
Our records indicate that your 5% Bid Bond was returned to you by this office on March 27,
2001.
If you have any questions, please feel free to call me at: (561) 742-6322.
Sincerely,
Bill Atldns
Deputy Director of Financial Services
Enclosures: Copy of Purchase Order t~00624,
copy of executed Contract, Notice To Proceed
cc: Bill DeBeck, Project Manager, Engineering
Bob Kenyon, Deputy Director of Utilities
Central File
File
America's Gate~aj, ~o the Gulfstream