R96-098RESOLUTION NO. R96- ¢,~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND
GARMONG & PADGETT SALES, INC., PROVIDING FOR
REPAIRS OF THE KALWALL ROOF SKY UNITS IN CITY
HALL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, this roof repair is critical to making our I.A.Q. Project successful
and needs immediate attention on an emergency basis; and
WHEREAS, Garmong & Padgett is familiar with this roof system and has
recently completed repairs to an identical system;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1 The City Commission of the City of Boynton Beach, Florida does
hereby authorize the Mayor and City Clerk to execute a Contract between the City of
Boynton Beach and Garmong & Padgett for emergency roof repairs to the Kalwall Roof
Sky Units in City Hall, a copy of said Contract is attached hereto as Exhibit "A".
Section 2.
passage.
That this Resolution shall become effective immediately upon
PASSED AND ADOPTED this ?~ day of July, 1996.
ATTEST:
lerk
'- Vic~ ~/ay~r '
Commissioner
Commissioner
~ Commissioner
/
& PADGE TT THIS IS A: n TRANSMITTAL INVOICE#
& PADGETT
SALES, INC REQUEST FOR ❑ PURCHASE ORDER
CHANGE ORDER NO.
1927 Laurel Street • Sarasota, FL 34236
941- 952 -0004
Fax 941- 952 -0007
T0: The City of Boynton Beach DATE_ August 13, 1996
100 E. Boynton Beach Blvd. RE:
Boynton Beach, Fl. 33425 _
ATTN: _ Sue Kruse _
Enclosed please find a copy of our contract for services.
We look forward to working with you on this project.
Sincerely,
7/7 1 ", /:/ / ,,_27 /7 "///7/
Adeline McAllister
, n qr.
CONTRACT FOR SERVICES
THIS AGREEMENT, made and entered into this '•j" day of
, A.D. 19 , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter called the "CITY" and
Garmong & Padgett Sales 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, proposals were heretofore received by the
City Commission of said CITY for the performance of work and supplying materials,
hereinafter described, and said Commission , has determined that the proposal in the total
amount of $11,250.00 (eleven thousand two hundred and fifty dollars) submitted by the
aforementioned CONTRACTOR was the best and most desirable proposal 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
proposal of the CONTRACTOR, dated S - /3 1994 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 proposal, contract documents, bond documents, plans and
specifications for the City Hall Kalwall System per the following scope of work: removal and
replacement of six (6) leaking panels, removal of all screws and battens and replacement
of sealing tape, screw gaskets and caulking of all fasteners, battens and horizontal
services, all of which are incorporated herein by reference at such unit prices /or lump sum
prices as specified in CONTRACTOR'S proposal totalling,$11,250.00 (eleven thousand
two hundred and fifty dollars).
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2.0 SCOPE OF SERVICES
2.1 The 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 proposal,
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 details for said work on file in the office
of the Project Manager for 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 the Project Manager of the said
CITY, and in strict obedience with the directions which may be given by the said Project
Manager or his authorized representative, at and for the prices herein plainly set forth.
2.4 To comply with the provisions of Section 215.19, Florida Statutes, if
applicable.
2.5 To pay promptly, before final settlement, any and all claims or liens incurred
in and about this work. Furnish release of liens forms from all subcontractors and
suppliers of materials. Forms to be specified by CITY.
2.6 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 Project Manager. Final
acceptance and payment for the entire project will not be made until the site is satisfactory
to the CITY.
2.7 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 and
all applicable State Laws, municipal ordinances, and the rules and regulations of all
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authorities having jurisdiction over construction of the project shall apply to the contract
throughout, and they will be deemed to be included in the contract the same as though
herein written out in full.
2.8 Upon completion of the work, the Project Manager 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 Project Manager 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.
2.9 After the cleaning up of the work, premises, streets, alleys, manholes, catch
basins, or other areas of structures in anyway connected with the performance of the
contract, the work as a whole shall be inspected by the Project Manager, and any
workmanship or materials 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.
2.10 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
4.0 SUBCONTRACTOR APPROVAL
4.1 The CONTRACTOR shall, as soon as practicable, after signature of contract,
notify Project Manager in writing of names of subcontractors proposed for principal parts
of work, and for such others as Project Manager may direct, and shall not employ any that
architect may, within a reasonable time, object to as incompetent or as unfit.
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,
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 filling,
backfilling, tamping, ramming, puddling and consolidating; and for the removal and
disposal of all rubbish and surplus material; also all pumping, bailing, draining, or
unwatering of all excavations, which are incidental to the execution of the work; also for the
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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 will be affected by the work to be performed under
the contract, and the CONTRACTOR 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 The CONTRACTOR shall indemnify and save harmless and defend CITY,
its agents, servants, and employees from and against any and all causes, claims,
demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses,
and fees (including without limitation reasonable attorney's and appellate attorney's fees)
of whatsoever kind or nature for damages to persons or property caused in whole or in part
by any act, omission, or default of the CITY, its agents, servants, or employees arising
from this contract or its performance. CONTRACTOR and CITY hereby agree and
covenant that the CONTRACTOR has incorporated in its original bid, which constitutes the
contract sum payable by the CITY to the CONTRACTOR, specific additional consideration
sufficient to support this obligation of indemnification provided for in this paragraph. It is
the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and
said provision shall be in compliance with Florida Statute 725.05.
6.3 The execution of this Agreement by the CONTRACTOR shall obligate the
CONTRACTOR to comply with the foregoing indemnification provision, as well as the
applicable insurance provisions. However, the indemnification provision, and the
insurance provision contained in this Contract are not interdependent of each other, each
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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.
9.0 PROJECT ENGINEER
9.1 The Project Manager shall be Facilities Management Division.
9.2 The Project Manager shall have general supervision and direction of the
work. He is the agent of CITY only to the extent provided in the contract documents and
when in special instances he has the authority by CITY to act, and in such instances he
shall, upon request, show CONTRACTOR written authority. He has authority to stop the
work whenever such stoppage may be necessary to insure the proper execution of the
contract.
10.0 INSURANCE
10.1 The CONTRACTOR shall maintain during the term of this contract
commercial liability, motor vehicle, and property damage insurance, acceptable to the
CITY, covering the work contracted and all operations in connection herewith, and
whenever any of the work covered in the contract is to be sublet, CONTRACTOR'S
contingent or protective liability and property damage insurance. Such insurance shall
provide limits not less than those set forth on the insurance requirement schedule attached
as Exhibit " ", to this Contract for Services.
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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. The CONTRACTOR agrees to
furnish policies if Certificate of Insurance is not acceptable.
11.0 GUARANTEE AND WARRANTIES
11.1 All the work shall be guaranteed to remain in good condition for one (1) year
from date of acceptance or longer as specifications require. All Kalwall roof panels shall
be guaranteed against any water infiltration for five (5) years. In the event that water
infiltration occurs during this time, the CONTRACTOR shall perform such steps as required
to restore the affected panels or replace them as needed. The CONTRACTOR shall be
responsible for any damages caused by water leakage.
11.2 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. The CONTRACTOR shall make the necessary
corrections within ten (10) days of receipt of the written notice.
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 Project Manager shall certify in writing to the City Manager that the performance
of the work under the contract is being unnecessarily delayed or that the CONTRACTOR
is willfully violating any of the conditions, provisions, or covenants of the contract, plans or
specifications, or that he is executing the same in bad faith or otherwise not in accordance
with the terms of the contract; if the work be not fully completed within the time named for
its completion or within the time to which such completion date may be extended; or if
other just causes exist, then the City Manager may serve ten (10) days written notice upon
the CONTRACTOR of the intent to terminate the contract for the CITY and if the contractor
shall not, prior to the effective date of termination set forth in such notice, take such
measures as will, in the judgement of the City Manager, insure the satisfactory
performance of the work, the City Commission and the City Manager may declare the
contract terminated on the 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:
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12.1.1Complete the contract in accordance with its terms and conditions, or
12.1.2 Obtain a bid or bids for completing the Contract in accordance with its terms
and conditions, and upon determination by Surety and the CITY of the lowest
responsible bidder, make available as work progresses (even though there should
be a default or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set
forth in the first paragraph hereof. The term "balance of the contract price ", as
used in this paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less the amount
properly paid by CITY to CONTRACTOR.
13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTOR shall
supersede any and all documents executed between the parties relative to the project. In
the event of any inconsistencies the terms, provisions and conditions set forth in the
subject contract shall supersede all other documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1 Inasmuch as the provisions hereof, and of the plans and specifications
herein, and of all the other contract documents relating to the times of performance and
completion of the work are for the purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined program, all
such time limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1 In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, the sole remedy available to the 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 the CONTRACTOR and
the 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 Architect, Project Manager, and
Consulting Engineers.
16.0 Insurance
See Exhibit "A" for insurance on contracts under $ 500,000.00.
In WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor and City Manager, attested by the City Clerk with the Corporate Seal of the said
CITY and the CONTRACTOR has executed these presents the day and year herein before
written.
Signed, sealed and witnessed CITY OF BOYNTON BEACH, FLORIDA
in the presence of:
City Manager
I
Mayor'
Attest: Approved as to Form:
i/ k de, eja, e 6
Cit ' Clerk City Attorney
8
Signed, sealed and witnessed CONTRACTOR
in the presence of:
&4
President or Vic resident
Attest as to Contractor
State of Flor )
)ss:
County of ' = h )
Personally appeared before me duly authorized to administer oats n_
to me known t tie persons describkd herein aFfd who e ecuted the foregoing
instrument and have acknowledged before me and they have executed same.
C 1
Notary Pub
�� ► ADEUNE MCALLISTER
My Commission Expires: COMMIssi i # cc 64�9�g
EXPMES MAY 28, 2000
OFA' ATLANTIC BONDING nipu
pp r
KALWALL.CON
Rev. 7/96
9
RESOLUTION NO. R96- 98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT
BETWEEN THE CITY OF BOYNTON BEACH AND
GARMONG & PADGETT SALES, INC., PROVIDING FOR
REPAIRS OF THE KALWALL ROOF SKY UNITS IN CITY
HALL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, this roof repair is critical to making our I.A.Q. Project successful
and needs immediate attention on an emergency basis; and
WHEREAS, Garmong & Padgett is familiar with this roof system and has
recently completed repairs to an identical system;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
hereby authorize the Mayor and City Clerk to execute a Contract between the City of
Boynton Beach and Garmong & Padgett for emergency roof repairs to the Kalwall Roof
Sky Units in City Hall, a copy of said Contract is attached hereto as Exhibit "A ".
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this // day of July , 1996.
CITY OF BOYNTON BEACH, FLORIDA
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