R03-034
II
RESOLUTION NO. R 03- 03 a.4
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF BID TO REPLACE/INST ALL THE
HV AC SYSTEM AT THE BOYNTON BEACH
LIBRARY TO COMFORT TECH AIR, IN THE
AMOUNT OF $221,900, (BID NO. 020-2413-03/CJD);
AUTHORIZING EXECUTION OF THE CONTRACT,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 16, 2003, Procurement Serviees reeeived and opened six
6) proposals for the above refereneed bid, and was it determined by staff that Comfort
ech Air, of Hialeah, Florida, was the most responsive, responsible bidder who met all
pecifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida, upon
eeommendation of staff, hereby approves the award of the bid to replace/install the
V AC System at the Boynton Beach Library, located at 208 S. Seacrest Blvd., (Bid No.
20-2413-03/CJD, to Comfort Tech Air of Hialeah, Florida in the amount of $221,900,
d authorizes the City Manager to execute a eontract, a copy of which is attached hereto.
Section 2.
That this Resolution shall become effective immediately.
:ICAIRESOlAgreementslBid AwardslBid Award - Comfort Air Tech,doc
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PASSED AND ADOPTED THIS ~ day of March, 2003.
('. ~4J
Commissioner
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BID TITLE: REPI ,ACE/INST AI ,I, HV AC SYSTEM AT
THE BOYNTON BEACH LIBRARY
BID NUMBER: #020-2413-03/CJD
PROJECT NUMBER: CP0316
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 12th day of March, 20m, by and between
the CITY OF BOYNTON BEACH, a munieipal corporation of Florida, hereinafter called the
"CITY" or "OWNER" and COMFORT TECH AIR CONDITIONING, INC.
a Florida Corporation <-Xd
a Florida General Partnership ~
a Florida Limited Partnership ~
a Sole Proprietor ~
Check One
hereinafter called "CONTRACTOR",
WITNESSETH
A. The City has heretofore invited bids for a City construetion projeet ("Project") identified by
the bid title, bid number and projeet number listed above and commonly referred to as:
REPLACE/INSTALL HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY
B. Contraetor, in compliance with the bidding requirements announced by the City, submitted
a bid on the l61lLday of Jannary 20m, for the total bid amount of $221,900 00
C, On the 18th day of March, 20m, the City Commission designated contraetor as having
submitted the bid that was most advantageous to the City and authorized the exeeution of
this Agreement.
D. The Parties agree that the Projeet is seheduled to be completed within lillLealendar days of
the issuanee of the Notiee to Proceed, subjeet to CITY approved time extensions, There are
penalties to the CONTRACTOR for the failure to meet such deadlines.
NOW, THEREFORE, in eonsideration of these premises and the mutual eonditions and
eovenants eontained herein, the parties agree as follows:
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1. AGREEMENT
1.1, The Parties agree that:
1,1.1. The foregoing reeitations contained in Paragraphs A -C are true and eorreet
and ineorporated herein by this referenee.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
eonstruetion serviees for eompletion of the Project.
1.1.3. The CONTRACTOR does aeeept this Contraet and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, ete., and to
eomplete the Projeet by performing all the work as set forth in the this
Contraet and the Contraet Doeuments for the price and amounts set forth
in Contraetor's bid,
1.1.4, Contractor is an independent eontractor as that term is set forth in the
General Conditions for Construetion (GC-2)
1.1.5, Unless otherwise provided, all time frames refereneed in all Contraet
Documents shall be ea1endar days.
2. SCOPE OF SERVICES
2.1, The Proj ect eonsists of those improvements described and set forth in the Contract
Documents.
2.2, The Contraet Doeuments are the eompilation of the following individual
documents:
2.2,1. Advertisement for Bids
2.2.2. Instruetions for Bidders
2.2.3, Bid Proposal
2.2.4. Bid Bond
2.2.5, General Conditions for Construction (GC) - all references to "GC" shall
be to seetion numbers
2.2,6. Construetion Contraet
2.2.7. Certifieate of Insuranee
2.2.8, Publie Construetion Bond
2.2.9, Letters of Credit
2.2.10. Technieal Specifieations
2.2,11. Contraet Drawings and Plans
2.2.12. Addenda
2.2.13. Written direetives or interpretations
2.2.14, Manufacturers warranties
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3. OBLIGATIONS OF CONTRACTOR
3,1, Contraetor shall:
3,1.1, Furnish all materials, supplies, maehines, equipment, tools,
superintendents, labor, insuranee, and other aeeessories and services
neeessary to complete said projeet in aeeordanee with the conditions and
prices as stated in the Contract Doeuments,
3.1.2, Perform all the work and labor pursuant to this eontraet and all of the
materials furnished shall be in strict eonformity with the Contraet
Doeuments, CONTRACTOR further aeeepts and consents to the
eonditions contained in said Contraet Documents and expressly agrees to
eomply with every requirement and stipulation therein eontained.
3.1.3. 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 eonformity with the detail for said work on file in the office of the
Projeet Manager and strictly in aeeordanee with the Contract Documents,
3.1.4. Guarantee all work and materials for a period of one (1) year. Upon reeeipt
of written notifieation from the CITY, CONTRACTOR shall correct any
defective or faulty work or materials whieh may appear within one (1)
year after eompletion of the Contraet and reeeipt of final payment.
CONTRACTOR shall make the neeessary eorreetions within ten (10) days
of reeeipt of the written notiee.Comply with the provisions of Seetion
255.05, Florida Statutes, if applicable, Pay promptly, before final
settlement, any and all claims or liens by subcontraetors or material
suppliers, incurred in and about this work. Furnish release of liens forms
from all subeontractors and suppliers of materials. Release of lien forms
to be utilized shall be supplied by CITY.
3.1.6. Remove and clean up all rubbish, debris, exeess material, temporary
struetures, tools and equipment from streets, alleys, parkways and adjaeent
property that may have been used or worked on by the CONTRACTOR in
eonnection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.7. Observe and comply with the provisions of the eharter, ordinances, eo des
and regulations of the City of Boynton Beach, Florida,
3.1.8, Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1,9. Perform such other tasks as set forth in the Contraet Doeuments.
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3.1.10. Shall provide all required bonds, insuranee eertifieates and any other
required seeurity for performanee of the Project within ten (10) days of the
Award ofthe Project.
3.2. The CONTRACTOR will be held responsible for the care, proteetion and
condition of all work until final completion and acceptanee thereof, and will be
required to make good at his own cost any damage or injury oceurring from any
eause resulting from their aets or omissions or the acts or omissions of their
subeontraets or suppliers.
4. CITY'S OBLIGATIONS
4.1, City shall provide a written notiee to proeeed not later than ten (10) days from the
exeeution of this Contraet.
4.2. Make timely payments for the work in aecordanee with the procedures and time
frames set forth in the Contraet Doeuments.
4.3. On satisfaetory eompletion of the Projeet, provide a written final aeeeptance and
payment for the entire projeet.
5. COMMENCEMENT OF WORK
5,1, CONTRACTOR hereby agrees to eommenee work under this eontract on or
before a date to be speeified in the written "Notice to Proeeed" ofthe CITY and to
fully eomplete the project within lillLcalendar days following the eommeneement
date as speeified in same.
5.2. Time is the essence of the eontract. In the event the CONTRACTOR shall fail to
timely commenee the work following Notiee to Proceed or fail in the performanee
of the work speeified and required to be performed within the time limit set forth
in the eontraet, after due allowanee for any extension or extensions of time made
in aecordanee with the Contraet Doeuments, the CONTRACTOR shall be liable
to the CITY, as liquidated damages and not as penalty, the amount stipulated in
Section 6.0 hereinbelow for eaeh and every calendar day that the CONTRACTOR
shall be in default of eompletion.
5,3. CONTRACTOR shall notify the Projeet Engineer in writing of any change in the
names and addresses of eaeh subeontraetor proposed for prineipal parts of work,
and any ehanges in subeontraetors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Projeet Engineer may direet, and shall not
employ any that CITY may, within a reasonable time, objeet to as incompetent or
as unfit.
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6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $150.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuanee of the
"Notiee to Proeeed" or failure to eomplete the work within .lilO calendar days
from the eommencement date as indieated in the written "Notice to Proceed",
The CITY shall have the right to deduet said liquidated damages from any amount
due, or that may beeome due the CONTRACTOR, or to eollect such liquidated
damages from the CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
eontinuous use of all existing work in proeess, property or operations of the CITY
as more particularly set forth in the General Conditions for Construction (GC-44,
GC-45, and GC-46),
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or eause of
aetion of whatsoever kind or nature arising out of error, omission or negligent aet
of CONTRACTOR, its agents, servants, or employees in the performance of
serviees under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
aetions, losses, liabilities, settlements, judgments, damages, eosts, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property eaused in whole or in part by any aet, omission, or default of
the CITY, its agents, servants or employees arising from this eontraet or its
performanee. The CONTRACTOR and the CITY hereby agree and eovenant that
the CONTRACTOR has incorporated in this original bid, which eonstitutes the
Contract sum payable by the CITY to the CONTRACTOR, speeifie additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contraet shall in no event be less than $1 million per
oeeurrence or no more than the limits of insuranee required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Seetion 725.06, Florida Statute.
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8.3. The exeeution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to eomply with the foregoing indemnifieation provision, as well
as the insuranee provisions whieh are set forth in the General Conditions for
Construetion. However, the indemnifieation provision, and the insuranee
provision contained in the General Conditions for Construetion are not
interdependent of eaeh other, but rather each one is separate and distinet from the
other,
8.4, The obligation of the CONTRACTOR to indemnify the CITY is not subjeet to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1, The CITY agrees to pay the CONTRACTOR in eurrent funds for the performanee
of the contraet, subjeet to additions and deductions as provided in the Contraet
Doeuments.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contraet, may order extra work or make
changes by altering, adding to or dedueting from the work, the Contract sum being
adjusted aeeordingly. All sueh work shall be exeeuted under the conditions of the
original Contraet. Any claim for extension of time caused thereby shall be made
in writing at the time such ehange is ordered. Changes in the work must be
proeessed as set forth in the General Conditions for Construction (GC-57).
10.2. All ehange orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
eertified statement supported by reeeipted bills. Sueh statements shall be
submitted for the eurrent eontraet payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is eompleted.
11. PROJECT ENGINEER
11.1. The Projeet Engineer ("Engineer") is Ri("hard Fieee.
11.2. The Project Engineer shall have general supervision and direction of the work. The
Proj eet Engineer i s t he a gent 0 f t he CITY 0 nly tot he extent provided in the Contraet
Doeuments and when in speeial instances he has the authority by CITY to act, and in such
instanees he shall, upon request, show CONTRACTOR sueh authority in writing. He has
authority to stop the work whenever such stoppage may be neeessary to insure the proper
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execution ofthe Contraet.
11.3. As the Projeet Engineer is, in the first instanee, the interpreter of the eonditions of
the eontraet and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contraet to
enforee its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Projeet Engineer is to make
recommendations to the Projeet Manager who shall make the final deeision,
12. INSURANCE
12.1. The Contraetor shall obtain and maintain insuranee as set forth in the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS
13.1. This Contraet must be eons trued with all other Contract Doeuments, a master set
of whieh shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of doeuments, or eopies thereof certified by the City
Clerk, shall be used as evidenee,
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the confliet shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18). In reeoneiling conflieting provisions of the Contraet
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construetion and finally by the balanee of the Contraet Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of t he C ontraet D oeuments relating tot he times 0 f
performance and completion of the work are for the purpose of enabling the CITY
to complete the eonstruction of a publie improvement in aecordance with a
predetermined program, all sueh time limits are of the essence of the Contraet.
15. REMEDYFORDELAY
15.1. In the event of any delay in the projeet eaused by any aet or omission of the CITY,
its agents or employees, by the aet or omission of any other party other than the
CONTRACTOR, his agents, employees or subeontractors, or delay caused by
weather eonditions or unavailability of materials, the sole remedy available to
CONTRACTOR shall be by extension of the time allocated to eomplete the
project.
15.2, 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
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EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION,
CONTRACTOR hereby acknowledges that he has read and understands the
above provision.
INTIALS
15,3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to eomplete the work shall eonstitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for e ompleting
the work within the time allocated by this eontract.
15.4, All requests for extension of time to eomplete the work shall be made m
aecordanee with the General Conditions for Construetion (GC 24)
15.5. For the purpose of this seetion, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Projeet Engineer and Projeet Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construetion
(GC-19).
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has exeeuted these presenee the day and year herein before written.
Signed, sealed and witnessed
in the presenee of:
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Attest:
CITY OZ~H' FLORIDA
lty Manager
Approved as to Form:
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Signed, sealed and witnessed
in the presence of:
COMFORT TECH AIR CONDITIONING, INC.
President or Viee President
Attest as to CONTRACTOR
State of Florida
)
) ss:
)
County of Palm Beach
On this day of , 20_, personally appeared before me, duly authorized
to administer oaths, known to be the
persons deseribed herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have exeeuted same.
My Commission Expires:
Notary Public
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EMPLOYEES, CONTRACTOR ACKNOWLEDGES THIS LIMIT A nON ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
CONTRACTOR hereby acknowledges that he has read and understands the
above provision. J1. J-t,
INTIALS
15.3, Failure on the part of CONTRACTOR to timely proeess a request for an
extension of time to eomplete the work shall eonstitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for e ompleting
the work within the time allocated by this eontract.
15.4. All requests for extension of time to eomplete the work shall be made m
aecordance with the General Conditions for Construction (GC 24)
15.5. For the purpose of this seetion, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Projeet Engineer and Projeet Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19),
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has eaused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presenee the day and year herein before written.
Signed, sealed and witnessed
in the presenee of:
I/--),,~~&AL-
Attest:
CITY OZ~H' FLORIDA
Ity Manager
Approved as to Form:
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Signed, sealed and witnessed
in the presenee of: / :
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COMFORT TECH AIR CONDITIONING, INC.
/,,//'~~
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President or Viee President
Attest as to CONTRACTOR
State of Florida
)
) ss:
)
County of Palm Beach
,(,. ~ A' ,
On this J\ day of p J~ I ,20 Dl.., personally appeared before me, duly authorized
to administer oaths, rl a'1 K e J Her It d.. n d e. z. known to be the
persons deseribed herein or who has produced 'F L /) L. as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires: :l /1 T / L Pt>t;~
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