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R09-096 .. 1 2 RESOLUTION NO. R09-01~ 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, 6 APPROVING THE "PIGGY-BACK" OF A CITY OF 7 BOCA RATON CONTRACT RFP 2005-066 WITH 8 HARTZELL PAINTING CONTRACTORS OF 9 POMPANO BEACH, FLORIDA, FOR PAINTING THE 10 EAST WATER TREATMENT PLANT, ONE 11 MILLION GALLON WATER STORAGE TANK AND 12 THE THREE MILLION GALLON WATER 13 STORAGE TANK FOR A TOTAL COST OF 14 $69,518.40; AUTHORIZING THE MAYOR AND CITY 15 CLERK TO EXECUTE AN AGREEMENT; AND 16 PROVIDING AN EFFECTIVE DATE. 17 18 WHEREAS, City staff has confirmed that the City of Boca Raton has complied 19 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's 20 requirements; and 21 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back" 22 a City of Boca Raton Contract RFP 2005-066 and enter into an Agreement with Hartzell 23 Painting Contractors of Pompano Beach, Florida for Painting the East Water Treatment 24 Plant, One Million Gallon Water Storage Tank and the Three Million Gallon Water 25 Storage Tank for a total cost of$69,518.40. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 29 as being true and correct and are hereby made a specific part of this Resolution upon 30 adoption. 31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:\CA\RESO\Agreements\Bid Awards\Piggy-Back Boca Raton - Hartzell.doc 1 approves the "piggy-back" of a City of Boca Raton Contract RFP 2005-066 and enter into 2 an Agreement with Hartzell Painting Contractors of Pompano Beach, Florida for Painting 3 the East Water Treatment Plant, One Million Gallon Water Storage Tank and the Three 4 Million Gallon Water Storage Tank for a total cost of $69,518.40, a copy of the 5 Agreement is attached hereto as Exhibit "A", 6 Section 3. That this Resolution shall become effective immediately. :sr 7 PASSED AND ADOPTED this ~ I day of July, 2009. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ,/ ATTEST: rn.P~ , Prainito, CMC lerk S:\CA\RESO\Agreements\Bid Awards\Piggy-Back Boca Raton - Hartzell.doc '\\0,\- 09b AGREEMENT FOR PRESSURE CLEANING AND PAINTING SERVICES This Agreement is made as of this \ \-\~day of ~ 2009 by and between Roof Painting By Hartzell, Inc., a Florida Corporation, licensed to 0 business in Florida, with offices at 2301 N.W. 33rd Court Suite 12, Pompano Beach, Florida 33069 ("Vendor"), and The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, the City has the need to procure the services of a qualified contractor for pressure cleaning and painting the City's East Water Treatment Plant, One Million Gallon Water Storage Tank and Three Million Gallon Water Storage Tank; and WHEREAS, the City of Boca Raton publicly requested competitive bids for similar services under Bid No.: 2005-066; and WHEREAS, Vendor submitted a bid in response to the City of Boca Raton's Request for Bids; and WHEREAS, after receipt of said bid from Vendor, City of Boca Raton entered into a contract with Vendor to provide pressure cleaning and painting services, a copy of which is attached hereto and made a part hereof as Exhibit "A" ("Boca Raton Contract"); and WHEREAS, the City has reviewed the scope of services and prices of the competitively bid Boca Raton Contract and has determined that is in an agreement that can be utilized by the City to provide said services to the City of Boynton Beach; and WHEREAS, the Vendor has presented a proposal to the City which incorporates the same terms and conditions of the Boca Raton Contract by reference; and WHEREAS, Vendor has agreed to honor the terms and conditions of the Boca Raton Contract in performing pressuring cleaning and painting services for the City; and WHEREAS, City desires to retain the Vendor based on the Boca Raton Contract: and WHEREAS, at its meeting ofJI..L\'-o)\ J.CX~ the City Commission of the City of Boynton Beach authorized the proper City offi~iall to enter into an Agreement with Vendor; and WHEREAS, the City Commission finds that the City of Boca Raton complied with Public Contract Bid requirements which are equal to or exceed Boynton Beach's requirements, that it is in the best interest of the City to utilize the competitive bidding process employed by the City of Boca Raton, and to award an Agreement to Vendor along the same terms and conditions as set forth within Agreement between the City of Boca Raton and Vendor, except as amended herein. Page 1 C:\Documents and Settings\Bill.HARTZELLr AINTlLocal Settings\Temporary Internet Files\ContentIE5\UJBZU273\Piggyback_ (Hartzell- Painting_ Srvc)[ I I.doc NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. Attached hereto and incorporated herein by reference as Exhibit "A" is the Boca Raton Contract referred to above. The terms and conditions of the Boca Raton Contract shall govern the relationship between the City and the Vendor, except as amended below A. All references to the City of Boca Raton shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 / Facsimile: (954) 771-4923 C. The "Technical Specifications 'Weatherproofing'" as provided in the Boca Raton Agreement, shall be replaced with Roof Painting By Hartzell, Inc' May 5, 2009 proposal "RE: 2009 - Various Painting of Utility Buildings & Tanks" from, attached hereto as Exhibit "B". Section 3. In the ,~vent that the Boca Raton Agreement is amended, or terminated, Vendor shall notify the City within ten (10) days. In the event the Boca Raton Agreement is amended or terminated prior to its expiration, this Agreement shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. The Vendor agrees that in the event it enters into an Agreement for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Agreement, the parties shall enter into an Addendum to provide those terms to the City. Page 2 C:\Documents and Settings\Bill.HARTZELLF'AINT\Local Settingslfemporarv Internet Files\ContentIE5\UJBZU273\Piggvback _ (HartzeJI- Painting_ Srvc)f I ].doc Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Boca Raton Contract are hereby ratified and shall remain in full force and effect under this Agreement, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: W. H~t) By: '- WITNESSfS' _, ~~----- BY: ~ . ,- Z Print Name: 2.~-A.~e/ -H,\o\v"-"",~ /?;.i(/.t:?t' ./. Title: ?J~Y;" e./ ~ { ~ '. "\ C. AT~'., ST: .! I ~i I \..., .. i 1, " r' ,- \.' .\..~. 1 'C\^.l' ,l l \,l ,tlI- \ TARY Page 3 C:\Documents and Settings\Bill.HARTZELLF AINT\Local Settings\Temporarv Internet Files\Content.IE5\UJBZU273\Piggyback _ (Hartzell- Painting_ Srvc)[ I ].doc EXHIBIT '"A" AGREEMENT BETWEEN CITY OF BOCA RATON AND ROOF PAINTING BY HARTZELL, INC. Page 4 C:\Documents and Settings\Bill.HARTZELLPAINTlLocal Scttings\Ternporarv Internet Files\Content.IE5\UJBZU273\Piggybaek _([-IHrtzell- Painting_ Srve)[ I ] .doc EXHIBIT B HARTZELL CONTRACTORS' MAY 5, 2009 PROPOSAL RE: 2009 - VARIOUS PAINTING OF UTILITY BillLDINGS & TANKS Page 5 C:\Documents and Settings\Bill.HARTZELLl AINT\LoeaI Settings\Temporary Internet Files\Content.lE5\UJBZU273\Piggyback _ (Hartzell- Painting_ Sryc)f IJ.doc 9549426310 09: 18:23 a.m. 08-04-2009 1/1 ACORD CERTIFICA TE OF LIABILITY INSURANCE DATE (MMIDOIYYYY) m.. __"._.,__W".-,._.h_ ,_ fM 8/412009 PRODUCER (954)943-5050 FAX: (954)942-6'310 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Frank H. P'urman, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1314 East Atlantic Blvd. AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 1927 POJI\Dano Beach FL 33061 INSURERS AFFORDING COVERAGE NAIC# - INSURED INSURER A Bridqefield Employers Ins 10701 Roof Painting By Hartzell Inc i iNSURER B DBA Hartzell Painting f iNSURER C 2301 N W 33 Court Suite #112 INSURER D Pompano Beach FL 33069 INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWlTHSTANOING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \NlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES : I I . HAVF . PAm r:LA1M~ INSR ADD'L TYPE OF INSURANce POLICY NUMBER ~AL}rr:~gg,W~ ~:tflt~~~trr~N LIMITS ~NERAL LIABILITY ~ .~. ~ RR"N"" $ I-- ~ERC'Al GENERAL LIABILITY ~~b~U9 RE~TEO $ CLAIMS MADE 0 OCCUR MED EXP IAn 0"" ne.-son \ $ I ...-.V INJURY S GENERAL AGGREGATE $ n'L AGGREnE liMn AAES PcR PRODUCTS. $ POLICY ~f2T LOC i I ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Ea acc~t) - - AlL O'iMIIEDAUTOS BOOIL Y INJURY (Per person) $ - SCHEDULED AUraS I - HIRED AUTOS BODILY INJURY I $ NON.OWNE D AUTOS I :Per accident: - , - PROPERTY DAMAGE $ {Per accident I =rAGE UA81UTY ! AUTO ONLY. "A ACCIDENT $ ANY AUTO OfHER THAN "AACr. '$ AUTO ONi. Y AGr. i$ EXCESS/UMBRELLA l.IABllITY i , $ tJ OCCUR 0 CLAIMS MADE AGGRH~AT" $ S q DEDUCT18LE I $ Rl=TFNTlON . < A WORKERS COMPENSATION AND i X I {;"'r,JT~JU<: I Ol~' EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE' i E.L. EACH ACCIDENT $ 500,000 OFFICERIMEMBER EXCLUDED? 83017827 -4/1/2009 41112010 1 E L DISEASE. EA EMPLOYEE $ 500,000 II ye. describe under 500,000 >':PFqAl PROVl"ION!'. below E.L DISEASE. POliCY LIMIT $ OTItER DESCRlPllON OF OPERAllONS/LOCATlONSlVEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELlA TION (561)742-6298 SHOULD ANY OF THE ABOVE DESCRIBED POLICiES BE CANCELLED BEFORE THE CITY OF BOYNTON BEACH EXPlRAllON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ATTN: ANTHONY LOMBARDI: 10 DAYS WRITTEN NOnCE TO THE CER'llACATE HOLDER NAMED TO THE l.EFT, BUT 100 BAST BOYNTON B1!:ACH BLVD FAILURE TO 00 so SHALL IMPOSE NO OBLlGA nON OR UABILrTY OF ANY KlND UPON THE BOYNTON BEACH, FL 33435 INSURER, ITS AGENTS OR REPRESENTA llVES. AUTHORIZEO REPRESENTATIVE '2# 'j)- ~~ 7~ ." ~~._. .-. ...1~ Prank Furman, Jr!DP <. . - . . '-~-------~.-...~....~-...-----.,.- -. .~.' - ,. ..... --.-.- mno_'on ACORD 25 (2001/08) .~ ACORD CORPORA TlON 1988 INS025 (0108).08a Page 1 Of 2 08/04/2009 10:54 954340945E INNOVATIVE INSURANCE PAGE 02/02 IMPORT ANT ff tte certificate holder is an ADDITIONAL INSURED, the policy(ieS) must be endorsed A statement on 'his certIficate does not confer rights to the certificate holder in lieu of such endorsement(s), If S 'J I3ROGA TION IS WAIVED, subject to the terms and conditions of the policy I certain policies may req'Jire an endorsement. A statement on this certificate does not oonfer rights to the certificate holder in lieu of such endorsernent(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the ssuing insurer(s), authorized representative Or producer, and the certificate holder, nor does it affir-"stively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001'08) . BlD NUMBER: 2005.066 DATE: August 10,2005 BID TITLE: Weatherproofing BIDS MUST ee RECeiVED PRIOR TO 4:00 P.M. August 31, 2005 AT WHICH TIME 81DS WILL BE OPENED I. c:e.NIl.RAI.INll'nIlMA'!'rON Any prol~sts or dispules PUI$UlIlI\ \0 this bid O11l11or COlllrlll:\ aWilrd ~halll~ 8~vel1led Tbcsc documents constitute thc C01llplete $el of ~llCeiflcatioll rcquircmcllt$ and bid by the procedllre!! noled in the I'rocurcment Codc. (OIllIS. 'n,,: UKll'to~allncluding ull bid shce1S and allodtmcnls musl be filled in, executed and submined in a scaled envelope: bell'ing the bid number on Ihe out~ide ~nm:: ('''' "IWCS . If any bidder violates or is a pany to I violalion of Ihe COde of "lid Inailed (II' II"e~llle'llo the l'llT\;ha~illll OmCl: orl or b~fol'<l Ihe sl>e<:ifiedlilOe nnd clhic.~ of thc Cily of Boca Ratan and lhc State of Florida with rcspc<:t 10 this bid, such date. The tu\:C of IIle envelope shall COIltain llle return addrcss, lhe dale and time of bidd~ lllilY be disqunlil1ed from perlbnuinll die work deflCribell ill lhil bid ~r from bid op~lIjllll,the bid l\tllnbet all<llille. f~mishing Ille goods or services for which the bid i5 submined and sIIall be (urther di~qunlif\oo lrom billdillll Oil iffl)' ti'Clffe bid, for wOIk or far 800d.~ or mviccs for th~ II is lh~ $Ole n;sflMsibilily or the biddcl' 10 cllsure Ihal bls or her bid reachcs thc City of BIlCll RntOll. A copy of the Cily and State EthiC5 Code~ i~ "v;.jlable at the Purcllosing Otlice on or before the closing dale and time. '!lle Cily slmll iUllo wny be "Nice of the City Clerk, City of Boca Raloll. 201 W.l'almello Park Road, 80ca RatOIl, reSI)OIISible for 4elnys OIU!ltd by ally olher (l(CUl1Wlee. Olll:rs by telcphllllC, telegram Florida. or faCllimlle Iiball nOlbe accepled. J. ~'~1H'11U ANIl f,;'(A.n' TA.X The bid lime '1I1~ 1'1: allll IIII/dl be scnlp"'ou,Jy OO~l'Y(:d. llnder no ~relllllstallces shall bids deli_cllllllcslhe time spcllil\ed Ill: con~iclwed. Sndl bilb will be retll<11ed 'l'hu City "f lIoCft RHlon i~ exempt frolll Federal and S18le Taxes Cor lungible perional 10 rhc v~ldor unopened. f'l"l1pcny. The Purcllllsin/! Otlille WIll ~llppl)' the ~ucees.~M bidder with III cxCllllllian ccnincale Vendors or conlractors doing business \Vith dill Cily or HOCft U410lllihall The bids will be publicly opened in the Purollasilll: OCticc:. (..)\y Hull. 201 W.l'ahnellu 1101 lie ~'c'hl~ed frOIll ~yin8 ules tlllC 10 their ~uPJlliCl1l for m81erials to fulfill I'"rk Ku;'t<f. fl(\(~ R.1ton. FloridA, ill/he pICM:nce of City officials on lhe dlte and 81 rhc ~c>nlmctllnl obliglllions wilb tile Cily. nllf ~"n nn)' vCI,d~r/Conll';letor he auchori=d 10 time ~pceificd on the bid lboo. II~" the CilY's Tnx F.~emlltion Number in srouring sud! mlterials. All bidders or Iheir "'JlI"t:iI:Illilljve~ I1rC invill.-d 10 be prCllen1. ,I. "CC~I',."f\:CEIR.~ 1F.f"TlnN ^II bids m..'" h~ 'YllewrillClI or wriuen ill ink. and must be sili"ed in ink by lIIl officer 'l11c Cily 01' L1Ql;1I R"'llu rncrvlll' the ril!hl 10 ll<:cqll or to reject any or all bids and or employee hllving Ilulhorily 10 bi"d Ih~ c.1tnl1/IIIY or rinu. IllRke the 1I,.nrd to thst bidder. who in the opinion ul' UIC Cily will he ill the 001 IfllCf.'1t of andlor lhe mo.t advlllltftgeouJ to lhe CiIY, The Cily "f UU"'" IUUlII alstl Biddcrs sholl nol be allowed 10 modil)' their bitb i.fl~t ll,~ I1llCninl.l timc and date. Bid IC!'cIV~ Ih~ lip,hl to rejectlhe bid of any vendor who has previC1ll51y fail~'(1 in the 111\1:1 ilia)' bc cXJUlIincd during nomlll working houl5. oller bid OpCII1I1r,. by I'I'\II'<'~ IXiI (\lIl11,,"ee (If ,In ~ward nr 10 deliver on time COIltnct:s of u similur nature or appolntmenl ollly. who is lIol in it posilion 10 perfon" propcrly p.ldct Ihjsaward. The City of Boca Raton ,Cl,CrYCS Ihe right to inspect all C.ciliti" of bidclel'$ in order to mak!: n dcleftllinl1iOlI n~ )'or illfonllaliQn concerning thi~ bid,IlIca.'lC contucl: IU ,he fQ,eLlo;llg, 'fhe Cily ofB(lCft Rlton rese~ the rigllt to waive uny /rreglllmliQ CITY Of UOCA M'rON Md lcohnie"lili~ and may. It iI'S discretion. request Ire-bid. PURCHASING OFFICE CITY HALL S. 1\I.Tr.RN.\TIVESlAPPRoVJ>n ~'Qll6r.?\~;.)II.'OnNlO 20 I Wesl Palmetlo Pnrk Rood Boca Rlton, FI 33432 Unless olhelWise ~pccified, Ihe mmlion ol'the par1ielllar "lallllfac1\lrcr'~ bmnd n:lllle 01 (561-39J-7871) number in lhe specilicatilllll' doeS !lot iml\l)l1l1M thi~ panienlar product i~ the only one Ihnt will be considered Cor plIrehase. This reference i5 intended iOIcl)llo dcsi8'lale lhe 2. L~GAI rnrnll~Jvl\1v~ 'ype or IIWllily or lI1etchlllldiSli chal will be leccplable. Alternate olTers will be considered and musl include dcscripeive liler1llUre and/or $pecif'ie'tioll~, r-~ilu"c to Bidders arc requirclllo I:Ilmply wilh "II pt<)Vi:<iOII~ of Fedeml, SllIle, Cmlllly Ind looal 1'./lvi.1~ 11c~lil'li~ lihll'j\lure lUldlor specifications with a1lernate offers may be cause la'~i and ncdinllleo.s, rules and regulations. Ihat are applicable 10 the ilems being Ind. fUf di~qulI'ilfcaCivn of the bid. Luck or klll.wJeduc b>, lhe fliddtl. shall in no way be a caose for rclief from responsibility. or conslil\1le n co~niZilble del'enl'Cl ill("ill~llhc lel(lll en'~ellhe"e(lf I"h~ dClen'li'lmill11 a~ 10 whether allY altemate prodoel or service is or is not equal Jhall he llI"dc Ill' the Cill' "f flol'l1 RlltOO' "nd "u~h .ldu"nillllli'dl shall be rillll alld bindin~ I'HBLle ENTITY CRIMES - In ac:cordoncc wilh the provision~ of JlItf1Itmlph ('2)(~l of Ilpl)'l nil b'tld~.... SCCliou 2117 133, Floridft SfatUtlO, "a person or atliJiate who has been placed olllile convil.11l1l vcndor li.lI followi"l! a C(lllviclion fori public entity crime may not submit 0 \lthouSh the City of Boca Ralon provides ror Ul~ ellllsider.llio'l ~r alhll'llale hid$. il bid on I conlraet Co provide nny goods 111 l;I:l"Yiee~ III . l'llhlie CrItily, m.y 1101 iublltil a fufoCrvcs IIle riglltto make an a\Yard in Ihe best inferest onlle Cil)'. Suell ilw;ll~ .nuy bid Ull iI eonltlel Wilh a public enlity for die construction or repair of n pllbl;\; 1IIlildi//8 "olllece~:<<'ll'lly be t:ivcn to the J(lwl,!!lll1id nffered. or public work, mil)' ""I .,,\Knit bid~ \).1 ICIJlCs of fIlal property 10 I public enlity, may not be lwarded or porlbn" WIlrk us 1I c(lIllrRCIM, ~lllplicl', suboontrl4ltcr, or eonsullanl Th~ bidd~I' ~hnll be responsible '01' rendj,,/< ....'fY =cfully. IIld undcrstlllding IllIlle. . .'I'"",.."el IVilh any public entily, llIld mny n.... IrIlllDP<.1 h,..i"c~. wil', WIY public completely, lhe rlXluiremcnlJ Nld Ihe 'l'1lI:11ir;:;tlioll" l.,f lilt> ilCtn~ bid upoll. Ally enlity in ex~~"" of Ihe Ihreshold amount pfovided in Seclion ~1I7.1117, fo,' "e"'li'~1 f"I'" "1Ie~'ifiC<llill1l~ Ii~ted herein must be clearly indiellled, olhlltwi~c II will CATEGORY TWO (or u JlCTiud of36 lIIonfh~ froln the dale of being placed on Ihe lie I'olls;dl:ml thill i'em~ olTered arc in ibiol eompliuncc wilh theu SJl1lCif'ie.~lion$.l\nd ~~II"icted vendor list," lhe succ~'Ssrlll bidder will be held re~"\K,"ibIQ lh~rcrorc; deViations must be explained ill detail on an an ached sheet(~) 11l1d ilel11i~.Ild by number. Any ilem or items Ihal do DRUG FREE WORKPLACE PROGRAMS, r'refcrence shall be given 10 bu~ille:t:l II~I'I'C~I eil} ~Jlecil'ioaCions upon delivery will nOI be a~epl~d and if tlle Hem ClnllOl wHIl Drog-Free Work Plnce Proltrnlll' WhC>l~ Iwo or more bids whid! nre eqult! h~ 1,,(Ip~h' "i"lo ~11~ifiCltions in a wilh re'pctll~ )\tic.:, qnality, and service arc receh'l:d by (he Cil)' r~r Ihe procuremenl rellSon.blv Illlle. Ihe (J/ddc,' will be required 10 compcllSBle Ihe eily fot difl'crClloc ill of commodities u,. el1l1lraClual services. a bid received In.lln 1\ bIl3;I\ei.~ Ihat completes priee entailed in going \0 the 1"'11Qw \liddc,'. the anlched DFW 1\/I1n el;11i fyillll 11111 il is a DFW Jhllll be f,ivetl prcl"r~l1ee ill lhe "W,Il'd process. n,~ PROCllJWMIiNT CODE - This bid is Il\wen1cd by th~ City procurement Code. II Where 11I1'"' 11m', olle il~'" i. listed. any items not bid upon 511.11 ,,~ indicated "NO ~l1py of the I'rocurcmcnt Code i~ iwailabJc for your revicw al the City Pun;h'llIiIlK Ill!)" 11""" 1I~1l," III"C bid on, thc "Stltemenl of NO 1l10" .hould be rcturned. with the onl.:.:. el1velop~ IllillIlly "'ilI"~td 'NO BID" and wlllllhe bid number. Failure 10 do so will be TC-l on indicalion thallbc bidder C10Cll nlll wi~h 10 be con~idercd for l"lllun: bid~. 11 Sllfl('Il'lTp~("Trll:r. 7. NON.~Or t IIslOJlI If a vcndor ~ubC:Ollh;lel!l an)' pIlrtion of n conlrocl for any reason, be mUSI $Ille lhe f1Rmc "'Id ~r1dre~ of ll1e 5lIbc:onl11Ctor and the nlllle of the person 10 be COIIllCled 011 Bidder ccrtifiC!l IhM IhiJ bid IJ made withoul prior understanding, agrecmeul, Or the ollachcd "SclIcduIc. pI' Crullr""'",,., The Cily oC 130Cl1 Raton I'CSCIVCS the !iShlto COllllCCliou willI any corpnl'lllion, firm ur person submitlillt. 0 bid for Ibe same ~eC"llt 0, ICjllCt nny or all bids whc~in a !\lIhcnntrllClor i~ lIamed MdlO makc II" ins/crisIs, .~crviccs, SIIPlllie5, Or C(juipment and b ;., nil rtnpccl5 fair and wilhold lI\V".d 10 th~ bidder, who, ill Ihc opinion of lhe City. will be in the best inttrC~1 of eollll~ioll or I'mud. and/or mOSI hdval\l~HeOll' to lbe City. The City of Boca Ralon also mo:rv" UI1;l right 10 rcjcCI " h,d of'ony bidder iflhe bid namClla wbconlrlCtnr who II.1f pn:viou5ly failed Nn premiums, Ml~tel or graluities flCm1ittcd; either with, prior to Dr siler any delivery III the p"Clpt'r pm-omlance of lllI ~Wllrd 01' f~il.11 to deliver on lime contracls of R of material or provi~iOII 01' ,,,,,,ice5. Any such violation muy resull in oonlTacl similar Mil"". 1'1' who ill nOI in a posilionto perform propcrly under lhis nwnlll, The C<"lcclhlliOn, rclum of makrials or di_co,tlill1l11lioll of sczviecs and the rm:-ihlc c:/ll' \If /)ClC" Ralon rescIYcslhe riflll/IO make I~e dclCfllli'laljem :l.t 10 the foregoing, removal from the vendor bid 1;$1($). I.~ IN\'rllq;Sr: 1.:\10 PA VMENT 8. f"ONI"rr("'J' OF INTIW ~fo>.r l'nYlll"1l1 1\11 Imy ~lId all invoicc(s) thai may arise L\ a ~!lU1I of a ~lmCl. or purchuc 'nl~ .lWllld is lIUbjcctlo provisiol\~ of StatC :)lillules lUld City Ordinancc:s. All hjdd~r~ nrdcr issued pursuant to litis bid spccilicnli<>r, 5hol' minimally meet the following must disclolC witllllleir bid IhllnRme of any officer, dircelor, Or i\llent who is also an cOlldi';OII, \., he \;on5tdercd as a vnlid payment request: cII1pl01ee of the City of Boca Raton. FUl1hcr. all bidden must disclose Ihe name of any City employee whn OWIl, dil'tlClly or in<lirectly, an inlerC$/ (If len pc:rcent (10) or (0) A limel)' submIssion of s properly certifiable invoico:(s). ill lilriCl more in Ihe hid<!C(' liou or nny of it's brancheR, ;tccordance with lhe pricc(s) and ~ivery c:Jumellls all 51ipulatcd in Ihe contract or Purcll(\$C order dOl;UllIllIll. submitted to: 9, IJNIPOIlMcnMM~RC~1 rom: nlC ell)' of Uoca Raton. Finance Department Cily Hall, 201 W, Palmetto Rd, Boca Raton, 111. 33432 The Unifonn Cnmmcrei~1 Code (['Ionda Statues, Chapter 612) shall prcvnil us lhe bil.\is for conlracluul obligations between lh~ awal'\l~d c;unlructor/vendor and the Cily (b) ,\11 illVU'CllW submihcd shllll consist of an Msillal anllllflll (1) copy; of Boca Raton for any Icrms alld e(llldilio/ls not specifically lilted in lhc Iolv;,.uioIlIO clccrly reference Ihe $Ilbjlllo'l COnlrll~1 or pun;lwc order number; proville a Bid. sufflcicn' R~Jl"'ll dlll\cription 10 idenlify goods or servicc for which lIitYfRCllll5 requested; conlain date of delivery; oriainallJt leaible copy of 10. MI!;TAJ<tI~ &isncd delivCl)l rcacip1 ineludin8 both IPilnllut unci printed nllllC of a demgOlted eil)' of Uoca Ralon emplo~ or IUthorized agerlt; he eleerty lu Ihe evenl of cxrcniion error(s), lbc l'llit prictl will prevuiJ and the bidde~510lal 00'.... lll~fk<:lllll1 'pRIIll1l", 'complerc" or .final" invoice. \ViIl be corrccted ACOOrdillll')' In the evenl of addition errot'll, tl,c c'/lIudw Calnls will (t;) The invoice shall contain 'he Jlidde(s l'edtlrnJ Employer l<lcntilical iOll prcvaill&lId Ibe bi.klvr's lotal will be corrected 8Ceordhlllly. llidders must check !heir number. bid proposal \Vhere applicahle. Faihlrtl 10 du so will be at the bidder's risk. nids (d) (:,Iy (ennll are ""'ct 30 da~' after acceptance or gllOds or iervlCCS and having crasul?s nr correeli&)Jl~ "lIIil be iniliDINl in ink by Ihe BiddCt. receipl of an 8CllCptablc invoice M d~:<(ribcd herein. Any olher tcnn~ /If 1)lIyment must have bcCTl prCYio,~~ly Ilppl'OVW by !be City of Boca Rale,' II. A VJ\1l AKIIITl' <\I' ~'rrNns /I/ld appear on Ihe conlraCt or plln;hose order dOCllmcnl to be bindinllupon IIII;Cily The obliJll1inlls of the City or Coca Ra\On undcr this awanl attl 51lbjecI 10 the av.ul;.t>ilil)' or (unds Inlvfully approprioted for ir. Jllll'J.II'R I')' IIX' Stale of Florida 8J\d 19 r-nMPllo\"'(:~' WIT" C"'J"\' OF RorA RATON ORDNo\NC.1I: the City ofBoca Raton. '\w:lfdcd vO'ltlor ,/",11 wmply with III appli\lable Boca RaI,lll Cil1 OrdinllllcCl, 12. ~~Q SIAIE.MFlI.'T includillJl 16.57, "DiJplny of Identification on Truek~ and Rcl~.<<l CllII1mcrcial V~hicles". which mandat~ vchi~lc~ be dcsitllulllIl by lettering of two inche!l minimum 1110 City 01' lI\lCtl Ralon is commilted to aUlu'jllg c<rl~,l ('pportllnily in the award of .;ze Oil eilller side of the vehiclo ;lllliCi"'"g the name 8Ild addrC!s of the Iler~1l Owning C\lIl1rnctll ond, therefore, complie! wid, alll"w5 prohibiting discrimination of dlo bi\1;l!l ,lr opcralllllllhc ""rl'~ Il'r commCNialllsc. of race. color, ~ligi01l. lIaliolml 11rigin, age and scx. NOTE: ANY AND ALL SI'I~IAI. CONDITIONS AND Sl'ECIFICA110NS 13. RIDTo\Blll ,\TION ATTACHR!'> IIIW,IJTO WHICH VARY FROM THnSE GENERAl. CONDITIONS .)1 fALL HA \IE PRECEDENCE, Bidden; tlcsiring a copy oflhe bid lablllutiun oflhe Invitation tn Bid may r~llueil SIImc b1 CII~~1I8 a iell'-nddrcsscd, stanlped enYcl(~1(! with their bid. 20 nil> ~l1Il"d'ssrnN RY CI'IY EM!'l o'(~~jNtlJ.OR Olll1rrl.1 14. 111l) ~"(}RWi ,\n exemplioll applic! per So<~li"n 112,3 I (21) ofthe Florida Sl8IUteudlowi/lll"" All bid proposals mu>\! h~ 'I,bmhlcd on our standard Invitlliou to uid lol'ltl. Bid ellll,laye.: ,ul,IIC), ut'l'iciul with an eslllbliihed COlllpany 10 submil ~ llIIiIled bid \Ill long as I'rol'O:H115 Oil vClldor quollltion forms \Viii 1101 be IICCepled, Il'e biddlll' cCI"lplctes lUld submits with their bid 11l4ck~se I'('nn 31\. 'nmcst In Compelitive Bid for l'ublic au~ille~". '1'11;5 form may be obtained fronllhc Boca I~. I'OR'I',NO 01' 11m :1:..131 I'. TrnN~ Ralon Pllfcbasing Divisioll. Bid Inbulll1;on5 will be pas/cd. for review by inl"""",,ed pllfIies, 01 the Purellasins Division prior to IilIbmission through the 8jlpropri(11e npprDYllI procC55, and will remain poslcd for a period or ~i" (6) t1i1)'$ (excluding Saturdays. Suudays and lugal holidays) after the bid ~ubmiltal deadline dule. fwlure 10 file a prolC!lI wilhin tho time prescribed ill the /'rOQUrc'nC1l1 Code sholl constitute D Wliyc:r of procccding.\ IIl1der II" refenmccd Code. 16. ('ONTIUM:".., ~G"lte;M~NT '!1lis h!v;lation 10 [lid s.h"IlI~ "'CIlIlll'll and m~ull'ornlcd in the linGI award. The order or cuntmClllul prOCllllenee will be lhe purcl1ase order or blanket purchase order, bid doculllcnl and rc~'ponsc. Any and Illlegll action ncCC1l1l8ry tll cnforoq the award \viII he held in Palnl Beach County, Florida and the C<\IIlriIClI,.1 (Ibl;\Il'li(nl~ WIll be inlefJ)retcd aecordinj\ to the laws of florida. Any conlll1Cl or ae.reC"'e"I'cqui,~d by vendor mllil be e1t~losed nl time of bid response submittal. 'fC-2 BID NO. 2005-066 INVITATION TO BID BID Number 2005-066 WEA THER~ROOFING 1. INSTRUCTIONS TO BIDOeRS The City of Boca Raton, Florida is hereby requesting sealed bids from qualified bidders for Weatherproofing. Bid Number2005-066, which will be received by the City of Boca Raton until 4:00 p.m. prevailing time on August 31,2005, at the Purchasing Office, City Hall, 201 West Palmetto Park Road, Boca Raton. Florida 33432. The City of Boca Raton shall not be held responsible for the content of bid packages obtained from any third party source nor will the City be respon$ible for providing addenda to potential bidders who receive a bid package from other sources than the City of Boca Raton Purchasing Division. Bidders must follow the City of Boca Raton visitor security access procedures when hand delivering bids. Bidders should allow at least 30 minutes to follow the below visitor procedures, 1, Enter building through the front entrance door (North side of City Hall Building) 2. Present photo identification and sign-in at the front desk at which time a visitor badge will be provided 3. Proceed to the Purchasing Division Office, Room 105 4. Present bid in the Purchasing Division for official date/time stamp prior to the closing date and time Bids shall be publicly opened and read aloud immediately thereafter. ThiS bid package contains 34 pages including pages TC-1 and TC-2. . Bidders are responsible for verifying that they have received all bid pages, Bidders are requested to submit an original and one copy of their bid document for review by the City, Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City five days prior to the opening of the proposals. The purpose of this bid is to provide weatherproofing services on the exterior of all wood structures and various items at twenty~nine (29) Park facilities located throughout the City of Boca Raton as identified in scope Of work. 2. INFORMATION Any questions by prospective bidders should be directed to Robert M, Bolinski, Buyer of the Purchasing Division, (Telephone Number 561-393-7873) who is authori:z:ed only to direct inquiries to various portions of the bid so bidders may read and interpret such for themselves, No authorization is allowed by any City of Boca or Purchasing Division personnel to interpret, or give information as to bid requirements in addition to that which is contained in the written bid document. Interpretations of the bid or additional information as to its requirements, where necessary, shall be communicated to bidders only by written addendum after written requests have been received from the bidder. All written requests must be received five (5) days prior to bid opening. Questions may be faxed using City fax number (561) 393-7983. 3. ADDENDUMS Changes in specification requirements will be issued in official addendum(s), The issuance of written addendum(s) is the only official method whereby interpretation, clarification changes or add~ional information can be given, If any addendum(s) are issued, the City will attempt to notify all known prospective bidders by fax or by mail. However, it shall be the responsibility of oach bidder, prior to Bid submittal to contact the Purchasing Division at (561) 393-7871 to determine If addendums were issued and to make such addendum(s) a part of the Bid. The City shall not be responsible for providing said addenda to potential bidders who receive a bid package from other sources. 1 BID NO, 2005-066 4. EVALUATION METHOD Complete Bid packages will be evaluated by City Personnel taking into consideration price, labor. supplies, equipment, tools and service proposed along with Bidder's qualifications, adequate organization, references, and personnel to ensure prompt and efficient seNice to the City. The City will determine which Bidders are "responsible and responsive". 5. INSPECTION OF FACILITIES It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and its relation to any other work in the area, including possible interference from other site activities. Arrangements for bidder's inspection of fa~jJjties and/or activity schedules may be secured from Diane Schwer, Assistant Parks Superintendent. telephone number (561) 393-7847. Failure to visually inspect the facilities may be held against the bidder. 6. CONTRACT PERIOD I The initial contract period shall be for two (2) year automatically renewed thereafter for two. one-year renewal periods subject to cancellation clause as provided herein. Automatic contract renewal shall be subject to the appropriation of funds, satisfactory performance and determination that the contract renewal is in the best interest of the City. The City requires a firm price for the initial contract period, Requests for COntract amount adjustments shall be submitted in writing to the 8uyer identified herein ninety (90) days prior to the renewal date for review by the City. ~ REQ,~IREMENTS OF BIDDER ~ 7. gUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder (s), qualified to provide the work specified. The bidder should submit the following information with their bid paCkage to be considered responSive in order for the City to fully evaluate the firm's qualifications, Failure to fully submit the requested information may result in the bid being considered non-responsive. City forms are provided for your use starting on page number 19. A. Summary indicating bidder's experience and training in similar work for Government Agencies. S, Three (3) references that list a brief description of similar accounts and size, satisfactorily completed with location, dates of contracts, names, addresses and phone numbers of owners, C, List number of estimated labor hours and number of workforce available to perform work if awarded contract. D. List of Materials, equipment, product/brand to be Llsed and names of employees performing this scope of work. E, Number of year's organization has been in business, F. Submission of Quality Control Program. G. Submission of Safety Program 8. ALTERNATl::S AND DESCRIPTIVE L1TERAYURE Bidders must furnish all information reouested and in the space provided on the bid form, if any, Further, each bidder offering an alternate manufacturer other than the manufacturer's specified must submit descriptive literature andlor complete specifications for the manufacturer offered. Addition8l1y, this information must be submitted to Robert M. Bolinski for consideration prior to August 18, 2005, during normal business hours, (8:00 A.M. to 5:00 P.M.) to be considered for evaluation. All bidders 2 BID NO, 2005-066 who have picked up the bid package will be notified by written addendum if alternate manufacturer (s) were approved, four (4) days prior to the bid opening date. The City will not acceDt a substitute for Deck & Shake Products. This product has been utilized on prior Weatherproofing contracts and is also environmentally safe. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements shall be subject to rejection, 9. REFERENCE TO BRAND NAME (S) Reference to Brand Name (s) is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition, as outlined in Item Number 9, except for Deck and Shake Sealer and Stain products. 10. SAMPLES Samples of product when required, shall be furnished free of charge of any sort to the City, Samples which are not destroyed from testing will become the property of the City of Boca Raton unless otherwise stated by the Bidder, Samples shall be clearly identified with the vendors name and description of product. 11. WARRANTY The successful bidder shall fully warranty all services furnished against defect in materials and/or workmanship for a period of one (1) 'lear from date of completion and acceptance by the City of Boca Raton, Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful bidder shall repair or replace same at no cost to the City of Boca Raton, immediately upon written notice from the Purchasing Manager or his/her designee. 12. SUBCONTRACTING If a vendor subcontracts any portion of a contract for any reason, he must include, in writing the name and address of the subcontractor, name of the person to be contacted including telephone number and extent of work to be performed, This information shall be submitted with bid response and approved by the City, The City of Boca Raton reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contract of a similar nature, or who is not in a position to perform properly under this award, 13. OCCUPATIONAL LICENSE All businesses in the City of Boca Raton are required to obtain a City of Boca Raton Occupational License at a cost of $105.00 per year in addition to other one-time fees that may be incurred (application fee, certificate of use fee, use inspection fees, fire inspection fee). For further Information regarding license fees, call (561) 393-7937. All other businesses not located within the City of Boca Raton must show proof of a current Occupational License for their business location, unless exempt. A copy of the liCense or proof of exemption shall be submitted prior to awarding the bid. 14. DRUG-FREE WORK PLACE Preference shall be given to businesses with Drug-Free Work Place programs, Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process, 15. COMPLIANCE WITH OCCUPATIONAL HEALTH & SAFETY Bidder certifies that all materials, equipment, etc., contained in this quote meets all Q,$,H,A. requirements. Bidder further certifies, that, if he/she is the successful bidder, and the materials, equipment, etc, delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessalY to bring the materials equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder, 3 BID NO, 2005-066 The successful contractor shall be solely and completely responsible for conditions of the job site, Including safety of all persons, (including employees) and property during performance of the work, This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall confirm to the U,S, Department of Labor (OSHA), Florida Department of Labor, and all other applicable federal, state, county, and local laws, ordinances, codes, and regulations, Where any of these are in conflict, the more stringent requirement shall be followed, The successful Bidder's failure to thoroughly familiarize himself/herself with the aforementioned provisions shall not relieve him/her from compliance with the obligations and penalties set forth therein. The City reserves the right to make safety inspections at any time the successful bidder is within the City limits to ensure safety rules are not being violated, 16. OCCUPATIONAL AND ENVIRONMENTAL SAFETY AND HEALTH The Contractor shall comply with all applicable Federal, Slale and Local laws regarding "Occupational Environmental Safety and Health", This shall include but not be limited to compliance with the U.S. Department of Labor~Occupational Safety and health and the Florida State Department of Labor Divisions of Safety Standards and regulations. Upon request the contractor shall provide the City with a copy of their written safety program pertaining to the subject of the bid/contract, if such a program is required by law. The contractor shall in accordance with the OSHA standards and Chapter 442 Florida Statutes provide the City with a Material Safety Data Sheet (MSDS) for any covered item which is delivered to the City of used by the Contractor on City property as a result of this bid or contract. The Contractor shall ensure that these covered items are also labeled as required." 17. INSURANCE REQUIRED (Proof of ablllty to obtain Insurance to be submitted with bid document) WORKER'S ,COM~ENSATlpN The contractor shall procure and maintain, for the life of this ContracVAgreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers' Liability with limits meeting all applicable state and federal laws, This coverage shall extend to any subcontractor that does not have their own Workers' Compensation and Employer's Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the City of Boca Raton via Certified Mail. COMMERCIAL GENERAL LIABILITY The contractor shall procure and maintain, for the life Qf this Contract/Agreement, Commercial General Liability Insurance. This coverage shell be on an "Occurrence" basis, Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability, This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. The Minimum LImits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury liability and Property Damage Liability with no more than a $10,000 deductible, The City of Boca Raton the Greater Boca Raton 8~ach and Park District must be named as all additional insured. The additional insured requirement is waived if the vendor is delivering a product owned by the City, Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail in the event of cancellation. 4 BID NO. 2005-066 BUSINESS AUTOMOBILE LIABILITY The contractor shall procure and maintain, for the life of the Contract/Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,000 per occurrence. Combined Single Limit for Bodily Injury Liability and Property Damage Liability, This coverage shall be an "Any Auto" or "Comprehensive Form" type policy, In the event that the Contractor does not own any vehicles. we will accept hired and non-owned coverage in the amounts listed above, In addition, we will require an affidavit signed by the Contractor indicating the following: does not own any vehicles, "Company Name" In the event we acquire any vehicles throughout the term of his ContracUAgreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. Contractor's Signature: Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail in .the event of ca ncellation, SUBCONTRACTOR'S INSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverage's required of tile successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boca Raton, SUPPLEMENTAL PROVISIONS 1, The insurance coverage and conditions afforded by this policy(s) shall not be suspended, voided, canceled or modified, except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested, has been given to the City of Boca Raton's department that originated this contract. 2. Certificates of Insurance meeting the specinc required provision specified within this Contract/Agreement shall be forwarded to the City of 80ca Raton Department that originated the contract. and approved prior to the start of any work or the possession of any city property, 18. INDEMNIFICATIONfHOlO HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Boca Raton and the Greater Boca Raton Beach and Park District (8PD) Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Boca Raton and the Greater Boca Raton Beach and Park District (BPO), its officials, and employees from and against all claims, actions. liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom. or any other damage or loss caused by any negligent act, error or omission, recKlessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. 5 BID NO. 2005-066 The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton and the Greater Boca Raton Beach and Park District (BPD) to enforce this Indemnification clause shall be borne by the Contractor The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellalion. termination, expiration, lapse or suspension of this agreement. 19. DEFINED TERMS Terms used in these Instructions to Bidders are defined and have the meaning assigned to them. The term "Bidder" means one who submits a Bid directly to the City as distinct from a Sub-Contractor, who submits a Bid to the Bidder. The term "Successful Bidder" means the Mst, qualified, responsible and responsive Bidder to whom the City (on the basis of City's evaluation as hereinafter provided) makes an award, The term "City" refers to the City of Boca Raton, a municipal corporation of the State of Florida. The term "Contractor" shall mean the individual(s) or firm to whom the award is made or also referred to as the Successful Bidder. 20. TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid, If submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applic-.able to this bid and the bidder's authorized signature affixed to the bidder acknowledgment form attests to this. 21. COMPETENCY OF BIDDERS Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions stated herein, The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-establish€d company in line with the best business practices in the industry and as determined by the proper authorities of the City. 22. AWARD Once the Bids are opened, the Bids will be evaluated by City Personnel taking Into consideration conforming of Bid, price, equipment, materials and service proposed, along with Bidder's qualifications, adequate organizations, and work force to ensure prompt and efficient performance of work to the City. A recommendation will then be presented to the City Council which conforms to all requirements herein and whose evaluation by the City indicates to the City that the award will be in the best interest of the City, The City is the sole judge in evaluation considerations. The City reserves the right to award on an all or none basis, The Contract will be awarded only to responsible Bidd~rs licensed and qualified by experience to do the worK specified herein. Bidder warrants to City that it is not insolvent. it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 6 .. . BID NO, 2005-066 Coordination of project to be with Diane Schwer, Assistant Parks Superintendent, telephone number (561) 393-7847. 23. ACCEPTANCE/REJECrlON OF BIDS The City of Boca Raton reserves the right to accept any or all bids and make the award to that bidder, which in the opinion of the City, is judged to be the most responsive, responsible ~md will be in the best interest and/or the most advantageous to the City, The City of Boca Raton also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature, who has been suspended or dlsbarred from doing business with the City, Or who is not in a position to perform properly under this award. The City of Boca Raton reserves the right to inspect all facilities of bIdders in order to make a determination as to the foregoing, The City of Boca Raton reserves the right to waive any irregularities and technicalities and may, at its' discretion request more pertinent clarification of are-bid, 24. BACKGROUND IN~ORMATION The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City, 25. REFERENCES As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to Investigate. City is the sole judge in determining Bidder's qualifications, 26. OMITTED WORK The City Project Manager may. at any time by advance written order and use of a change order, require the omission and or deletion of such awarded work/services, as the City may find necessary or desirable, All work so ordered must be omitted by the awarded vendor. Tile amount by which the bid price shall be reduced shall be determined as follows: A. By such applicable unit prices, if any, as set forth in the bid; or S, By the appropriate lump sum price set forth In the bid: or C, By reasonable and fair estimated cost of such omittecf work as mutually agreed upon by the City Project Manager, Purchasing Manager and Vendor. eXTRA WORK The CIty Project Manager may, at any time by an advance written order and use of a change order and mutual agreement between both parties, require the performance of such extra work as It may find necessary or desirable arising out of the modification of the Specifications. All work so ordered must be performed by the awarded vendor, The vendor shall rnake no claim for extra work unless it has been approved by the City in advance of the work by use of a Change Order to the existing Purchase Order. The amount of compensation to be paid to the vendor for any wort< so ordered shall be determined as follows: (1) By such applicable unit prices, if any, as are set forth in the bid; or (2) If no such prices are so set forth, then by a lump sum or other unit prices mutually agreed upon by the City Project Manager, Purchasing Manager and the Vendor. 7 .. 810 NO. 2005.066 The City reselVes the right to actively bid/quote and/or award extra scopes of work to other Vendors when deemed in the City's best interests. 27. START OF WORK AND TIME FOR COMPLETION It is hereby understood and mutually agreed by and between parties hereto that the time of delivery ls an essential condition of this contract. By submitting a bid response, bidder, if awarded contract, agrees to begin work not later than len (10) calendar days from start date indicated in the notice to proceed letter issued by the Assistant Parks Superintendent. On start date Contractor shall prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials so as to insure completion within specified time as defined in Scope of Work. Phase I and Phase II. If the Contractor shall be delayed in the completion of it's work by reason of unforeseeable causes beyond it's control and without fault or negligence, including, but not restricted to, acts of God or neglect of any other contractor. the periOd herein specified above specified for the completion of delivery shall be extended by such time as shall be approved by the Assistant Parks Superintendent. 28. DEFAULT In the event that the Contractor cannot respond adequatoly to the needs of the City by reason of equipment failure or any other reason. the Contractor shall advise the City in writing within 24 hours of said inability, and further advise as to the length of said inability, The City may then consider said inability to be a breach of this Contract and may undertake the necessary work throLJgh its own services or those of another Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from the payments to be made to the Contractor under this Contract. 29. PAXMEN1; Partial billing will not be accepted. The City of Boca Raton will pay 100% of the contract price after the entire Sugar Sand Science Playground has been selViced and accepted, The using Department will make final inspection of the work covered by this bid when it is completed and finished in all respects in accordance with specifications and must be approved before payment IS made. Failure in the awarded bidder's responsibility as outlined will result in payment withholding until compliance is received and approval granted. Unsatisfactory items will be explained by tile Using Department and corrections shall be completed within two (2) working days, Invoice must reflect purchase order number. Payment terms are net 30 days, 30. INSPECTIONS AND DIRECTION The work will be conducted under the general direction of Diane Schwer, Assistant Parks Superintendent, telephone number (561) 393-7847 and is subject to inspection by her appointed inspectors to insure compliance with the terms of the bid. No inspector is authorized to change any provision of the specifications without written authorization of the Assistant Parks Superintendent and Purchasing Manager, nor shall the presence or absence of an inspector relieve the Contractor from any requirements ofthe bid. Diane Schwer, Assistant Parks Superintendent, or an appointed inspector will make final inspection of the work covered by this contract when it is completed and Ol'1ished in all respect in accordance with specifications and must be approved before payr'nent is made. Appointments for the final inspection shall be made one day in advance. 31. DEBRIS Vendor shall be responsible for the prompt removal of all debris which results from this contracted service. 8 BID NO, 2005-066 32. BARRICADES AND WARNING SIGNS The contractor shall provide roping, barricades, cones and/or tag areas serviced and take all necessary precautions to protect buildings and personnel. All work shall be complete in every respect and accomplished in a workmanlike manner and contractor shall provide removal of all debris which results from this contracted service, from the City Of Boca Raton property, 33. P.BOTECTION OF PROPERTY The Contractor shall at times guard against damage or loss to the Property of the City of Boca Raton or other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. Trees, plants, shrubbery's and any or all vegetation surrounding premises where work is to occur, must be protected and/or secured by contractor to avoid any damage by work ensued by contractor in efforts to accomplish servlce(s)/ The City of Boca Raton may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or his/her agents. 34. PERFORMANCE EVALUATION The awarded vendor(s) performance will be heavily monitored during the entire contract period, Throughout the contract period the vendor(s) performance will be closely scrutinized by City staff, Vendor(s) will be evaluated by use of the City of Boca Raton Performance Report. If the vendor(s) performance fails to meet the standards specified within the bid and receives an unacceptable rating, the City may without cause and without prejudice to any other right or remedy, terminate the contract whenever the City determines that such termination is in the best interest of the City. Vendor's receiving an unacceptable rating will be notified by certified mail. Contract termination shall be served by written notice by the Purchasing Division, 35. CANCELLATION Order will be subject to immediate cancellation if either product or service does not comply with specifications as stated herein or fails to meet the City's performance standards. The City of Boca Raton reserves the right to cancel this contract for any reason without cause upon thirty (30) days written notice to Vendor, and Vendor reserves the right to CQncel this contract for any reason with cause and documentation supporting such on a schedule acceptable to the City and upon ninety (90) days written notice to the Purchasing Manager. 36. ASSIGNMENT Neither party to the Contract shall assign the Contract or subcontract it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder, without the previous written consent of the contracting City Department. 37. NO!, EXCLUSIVE CONTRACT Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option, 38. MEASUREMENTS The square footage and linear footage noted are only estimates. Bidders will be responsible for their own measurements and must submit a firm price accordingly. There will be no adiustments, for increase or decrease of footage required for the job; therefore. the "Total Offer" must be based on accurate measurements by bidders during inspection. Failure to do so will be at the bidder's risk. Any request for unit price on the Bid Proposal page is for information only. Award shall be based solely on "Total Offer". 9 ., BID NO, 2005-066 39. PURCHASING AGREEMENTS WITH OTH~R GOVERNMENT AGENCIES It is hereby made a part of this Invitation to bid that the submission of any bid response to this request constitutes a bid made under the same terms and conditions, for the same contract price, to other government agencies if agreeable by the bidder. . At the option of the vendor/contractor, the use of the conlract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida. its agencies, political subdivisions, counties and cities, Each governmental agency allowed by the vendor/contractor 10 use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 40. ATTACHMENTS A map of the Park Facilities is attached and is considered to be a component of this bid. 10 , BID NO. 2005-066 TECHNICAL SPECIFICATIONS "Weatherproofing" SCOPE Provide all labor, materials (inclusive of shipping/freight costs), tools, equipment, supervision and necessary cleanup (leaving areas free of debris) needed to weatherproof, stain and varnish or paint as specified on the structures at the various Park facilities. Weatherproofing Services shall be conducted annually, subject to appropriation of funds and the most suitable time of year as deemed appropriate by the Assistant Parks Superintendent and site supervisors, The City of Boca Raton anticipates the work to be conducted in two (2) phases, Phase I and If. The City reserves the right to change these dates during the contract period as required by fiscal year funding and or scheduling of activities within the specific locations, Phase I The estimated start date for Phase r of Weatherproofing Services will be September/October 2005 for all locations except Sugar Sand Park, Assistant Park Superintendent or designee shall indicate to the successful bidder time for commencement of work with specified start date in notice to proceed letter. From the start date(s} indicated, services shall be completed within forth-five (45) calendar days, Phase II Contingent upon Fiscal Year 05-06 funding and availability of funds, the start date for Phase 1\, Sugar Sand Park for Weatherproofing Services will be February 21, 2006 and be completed by March e, 2006, Assistant Park Superintendent or designee shall indicate to the successful bidder time for commencement of work with specified start date in notice to proceed letter. Rubberized floor decking, plastic slides, plexiglass display and window enclosures, fish display pieces surrounding first floor water area and fish display in children's tot lot shall be covered and protected by the contractor from all over spray doring application process at Sugar Sand Park Science Playground. PRODUCT SPECIFICATIONS The Successful bidder shall be responsible for the cost of ALL material (inclusive of Shipping/freight costs necessary to complete Scope of Work to City's Satisfaction). The City of Boca Raton shall not be held responsible for any payment, litigation or liability costs that result from Contractor acquiring materials required for this bid, Additional coats of each product shall be applied where deemed appropriate and necessary by the Assistant Parks Superintendent at No Additional cost(s) to the City. Product specifications to be used for "Weatherproofing" services on are as follows: . Jomax mildewcide concentrate by the Zehrung-Chembro Division or an equivalent producUbrand. . Iron clad rust inhibitive primer #168-20 by Benjamin Moore or Devoe, Glidden, MAS. Porter, Sherwin Williams, UCI or equivalent product/brand. . Iron clad rust inhibitive paint #071-60 by Benjamin Moore or Devoe, Glidden, MAS, Porter, Sherwin Williams, UCI or equivalent product/brand. . Deck and Shake #71 (Gray), #72 (Cedar) and # 74(Brown} #76 (White) Stain NO eQUIVALENT BRAND PERMlrrEO. . Deck & Shake #70 Clear Wood Sealer\ NO eQUIVALENT BRAND PERMITTED. 11 . BID NO, 2005-066 Deck & Shake #70 Clear Wood Sealer can be purchased from: Pacific Sales & Manufacturing Company PO Box 7249, Berkeley, California 94707 Contact: Dennis Acevedo, Telephone: (800) 541-0128 REQUIREMENTS FOR STRUCTURES TO BE WEATHERPROOFED, STAINED AND VARNISHED OR PAINTED: A. Cedar Roof Shakes - Replace any shakes that are missing or damaged during pressure cleaning procedures. All roof shakes shall be stained with Deck & Shake Cedar Stain # 72 or equal and then sealed with Deck & Shake # 70 Clear Wood Sealer with extra U,V, in accordance with manufacturer's instructions. B, Park signs are to be covered with Deck & Shake solid stain and then sealed with Deck & Shake # 70 wood preservative. Color samples to be applied on designated signs for approval by the Assistant Parks Superintendent. C. Exposed roof decking at soffits shall be covered by two (2) coats of Deck & Shake # 70 Clear Wood Sealer in accordance with manufacturer's instructions. D. Hughes Park bathroom ceiling shall be lightly sanded and re-varnished with exterior grade polyurethane helmsman varnish by Minwax. E. All fascia, clerestory exposed wood, exposed soffit roof decking and beams. horizontal bands on exterior walls, Ale enclosure and roof screens shall be stained to match existing color, using e~her Deck & Shake # 71 (Grey) Deck and Shake # 74 (Brown) or equal and then sealed with Deck and Shake # 70 Clear Wood Sealer with extra U,V. If not proviously stained, then seal with two (2) coats of # 70 clear Wood Sealer. F. All boardwalks to include all wood railing, decking, stairs, or attached benches shall be covered on all exposed surfaces with two (2) coats of Deck & Shake # 70 Clear Wood Sealer with extra U.V. G, All gazebos/picnic shelters shall be covered on all exposed surfaces including. but not limited to, roof shakes, roof decking and beams, attached benches and railing floor decking. raftel'S, and posts, with two (2) coats of Deck & Shake # 70 Clear Wood Sealer with extra u.v, H. Restroom buildings shall be covered on all exterior wood surfaces with one (1) coat of stain to match existing and a finish coat of Deck & Shake # 70 Clear Wood Sealer. This will include but not be limited to, roof shakes, siding, doors, vents, and any exposed exterior previously stained wood material and roof cedar shakes, I. Miscellaneous wood structures: wood picnic tables. wood garbage can enclosures, wood single and double freestanding bench, wood bicycle racks shall be covered with two (2) coats of Deck & Shake Clear Wood Sealer # 70. All concrete beneath wood structures. wood benches and adjacent walks shall be pressure cleaned. 12 BID NO. 2005-066 APPLICA TION AND WORKMENSHIP FOR WEATHERPROOFING SERVICES 1. Pre-treat all exterior wood surfaces as per manufacturers specifications with Jomax mildewcide concentrate by the Zehrung~Chembro Division or an equivalent product/brand. 2, Pressure clean all surfaces with a minimum of 2000 P.S.1. to remove all dirt, mildew, etc. Chlorine bleach solution of 2/3 water, 1/3 chlorine to be used. Allow drying completely before applying waterproofing or paint. 3, Apply all materials in accordance with manufacturer's instructions. Do not dilute any materials used. Deck & Shake stain and sealer shall be applied with a minimum of two coats, wait 24 hours between coats, DO NOT APPL Y W~T ON WET. More coatings may be necessary depending on the condition of the wood being covered, The Assistant Parks Superintendent or site supervisor determines jf coverage is adequate. 4. Exposed metal structural angles, connecting plates. nuts, and bolts shall be wire brushed, clean of dirt and rust. and primed with iron clad rust inhibitive primer by Benjamin Moore, Devoe, Glidden. MAS, Porter. Sherwin Williams or UCl and painted with two (2) co~ts of iron clad rust inhibitive paint by Benjamin Moore, Devoe, Glidden, MAS, Porter, Sherwin Williams or UCI. Color samples to be applied on designated h~rdware, in place. for approval by the Assistant Parks Superintendent. S, Pressure treated pilings do not have to be coated v/ith waterproofing, All other exposed wood . unless otherwise specified, shall be covered with Deck & Shake # 70 Clear Sealer, 6. Sand top of hand rails prior to applying Deck and Shake # 70 Clear Sealer, 7. All windows will be protected from stain and sealer by covering with 3M Liquid Mask or equal and to be removed after the second application of weatherproofing have been completed, 8. Sufficient drying time has to be allowed betweJM staining and sealing and between two sealing coats, 9. All work shall be accomplished by skilled workmen familiar with and trained to do this type of work and they shall be further qualified to operate or use the equipment and rigging needed to accomplish the work. 10. Materials shall be applied evenly and free of runs, sags, or pinholes. 11. All application tools and equipment shall be in good working order and suitable for proper application. 12, A progress schedule shall be furnished by the Contractor for approval and shall be based on the contract completion date, Contractor shall advise the Owner of those areas in which work is to be performed sufficiently in advance of the work schedule to permit the Owner to prepare for the work, advise employees, move vehicles, etc. 13. Spanish River Park Restrooms have been previously painted with oil base paint and the following process is required: Pressure Clean Building, Prime, Paint, Weatherproof 13 810 NO, 2005-066 Locations of Park Facilities MaD Location Number Park Name Loccdion 1 Boca Isies 1200 sw 2na Avenue 6 Boca Tierra 2601 NW 43"' street 9 EI Rio Canal Bridqe (E-30 NW 4lh Avenue and EI Rio Canal 11 Georae Snow Park 1101 N.W.1SmStreet 17 Golden Fio Park . 600 N.W. 7'" Street 12 Gumbo Umbo EnVii-onlile'ntal 1801 North Ocean Blvd, Complex 13 Hidden Lake NW 4ln Avenue and County Club Blvd. 14 Hillsboro - EI Rio 499 S.W, 18'" Street 15 Huahes 200 NE 1411l Street 16 James A. Rutherford 600 NE 2411l Street 18 Lake Wyman Park 1500 NE 51/1 Avenue 20 Meadows Park _w_ 1300 NW a'" Street 21 Memorial Park"--- 150 Crawford Blvd. 23 N.W.111n Avenue Pocket"Park 620 N,W. 1 1Ul Avenue 42 Ocean Strand'. 910 Ocean Strand .. 24 Palmetto Dune 601 West Palmetto Park Road 28 Pine 8reeze Park 1100 SW 20m Street 31 Red Reef Park 1400 North State Road AlA 33 San borne ~.~e 72 North Federal Hiahwav . 34 Sand Pine Park 300 Newcastle Street (NE) 35 Serenoa Glades Preserve 1101 N.W. 15'" Street 36 Silver Palm Park 600 E. Palmetto Park Road 21 Skate Park @1@morial Park 400 Crawford Blvd. 38 South Beach Park 400 North State Road AlA 38 South Beach Pavilion 400 North State Road AlA 37 Soan ish River Park 3001 North State Road AlA 39 Suoar Sand 200 South Military Trail 40 Universitv Woodlands-- 2501 Saint Andrews Blvd. - 470 N.W. 351f1 Street 41 Yale Newman 14 . . . . BID NO. 2005-066 SCHEDULING AND PUBLIC SAFETY ISSUES Contractor shall be responsible for posting signage on all wood structures that have been applied with weatherproofing materials, stain, paint or chlorine. For example, picnic tables, wood fences, trash receptacles, wooden playground equipment, bike racks, exercise equipment, shower post, ete, . Weatherproo'fing or pressure washing cannot be done on the weekends. Also, no weatherproofing or pressure washing can be done to picnic tables and shelters on Friday, due to the length of time needed for drying and the heavy demand for weekend use, . Vendor must post wet paint signs; signage will not be supplied or posted by the Recreation Services Department. Signage must be dated and must be removed by the contractor once the area is inspected and deemed dry and ready 'for use, . Pressure cleaning should be done a minimum of 24 hours prior to any sealer application to allow wood surfaces sufficient drying time, . Areas that are being pressure cleaned need to be roped off to restrict park patrons from entering until the work is complete; this goes for when sealer is being applied as well. ... All plastic, Plexiglas, mirrors, fixtures, brick pavers, rubber flooring, plastic wood decking, painted surfaces, signage, glass and non-wood items need to be masked off prior to sealer application. Over-spray of sealer on non-wood items will not be accepted. . Drips. streaks or other indications of product over.spray will not be accepted. Pressure cleaning with bleach must not result in stains or streaks on the tables or other wooden surfaces. . No chlorine is to be used when pressure washing near plant material. Use plain water only, Plant material damaged by over spray shall be replaced at contractor's expense. ... Site supervisors must be contacted prior to the onset of wOr'k in their park. to establish planned route through park and must be advised immediately after work is completed to Insure proper processing of payment. All site supervisors are reachable via telephone, fax or email. . Schedule Changes of any kind must be discussed with and approved by site supervisors in advance, . During periods of high winds, pressure washing and wood preservative applications should be delayed until winds subside. . Any Park ~ntrance Fees or associated fees that are refunded to patrons by the City that arise from awarded contractor not following specified procedures shall be reimbursed to the City by the awarded contractor. Ramler HQI Ocean Rescue Weatherproofing or pressure cleaning will not be done until Mler work hours, in this case 5:30 PM, This will allow the lifeguards to also depart the area prior to Ule commencement of the work, Further, the Coast Guard Auxiliary conducts classes 11ightly at the headquarters classroom starting at about 7 PM. Therefore, all work must be completocl before 7PM to minimize exposing the public to chemicals and cleaning solvents being used. Gatehouses Do not pressure wash with chlorine, any gatehouses in which people are working. Do not apply preservative to any gatehouse in which people are working. These activIties must be scheduled prior to the gate attendant's arrival or after theIr departure, Gumbo Limbo No chlorine bleach can be used in pressure washing boardwalk and tank area, Tarps must be provided and installed over sea tanks by vendor prior to beginning any work in the area. Tanks must be protected from over spray at all times. Hand rolling and brushing preservative is required. Prior to any work, vendor 15 , . . . BID NO. 2005.066 representative and their crew supervisor must meet witl1 Steve Bass, Gumbo Limbo Manager, who can be reached at 561.338.1535 or 561.239.1357 on site. to discuss procedures and must be present at all times during operation. All applications in the fish tank area will be lOw pressure to minimize over spray, Any application of finish to railings and tank coamings will be coordinated with Dr. Kirt Rusenko, who can be reached at 561.338.1587, to prevent any mortality among tank inhabitants. All signs, windows and external nardware shall be pressure cleaned and then securely masked prior to preservative application, Application crews must provide tarp and cover plant material before preservative is applied. Skate Park When weatherproofing the wood quarter pipe, all areas around and under it need to be covered with a drop cloth. 16 EXHIBIT B HARTZELL CONTRACTORS' MAY 5, 2009 PROPOSAL RE: 2009 - VARIOUS PAINTING OF UTILITY BUILDINGS & TANKS S:\CA\AGMTS\Piggyback (Hartzell-Painting Srvc).doc LL PAINTING CONTRACTORS 2301 N.W. 33rd Court, Suite 12 Pompano Beach, FL 33069 Main Fax: (954) 957-9766 - Main Phone: (954) 957-9761- WSS Fax: (561) 482-9078 May 5, 2009 TO: Anthony Lombardi - Maintenance Manager City of Boynton Beach - Utilities Department FROM: Bill Stecklow RE: 2009 - Various Painting of Utility Buildings & Tanks As per our conversation, we have on file with Boynton Beach's purchasing department our term contract Bid Number 2005.066 units for painting and pressure cleaning for the City of Boca Raton. This term contract is in effect for new bids in the fiscal year October 1, 2008- October 1, 2009. Location/scope: At Main Utility Facility- The Chlorine , Chemical buildings and tanks on building; East & West Filter Galleries, 3 connecting facades under the filtration area; the walkway walls between the filtration buildings; the site retaining walls, gates, railings, green, yellow and beige piping; blue & red piping/units at concentrated blowouts, the main entry building on Seacrest; Reclaimed basin facility. All piping will be color coded; the buildings will have green trim at top band and at windows and doors. We will pressure clean, patch as required; prime and 2 coats of Sherwin Williams acrylic paint to stucco portion; all metal- scrape rust and coat metal with Eastwood Rust Encapsulator; prime and then 2 coats of Sherwin Williams oil base enamel paint. Congress Avenue tank and building- We will pressure clean, patch as required; prime and 2 coats of Sherwin Williams acrylic paint to stucco portion - lower section - up to top band of tank is to match body color of adjacent Fire Station, upper band is to match darker trim color of fire station; all metal- scrape rust and coat metal with Eastwood Rust Converter; prime and then 2 coats of Sherwin Williams oil base enamel paint - color to match trim color of firehouse; the split face block is to be cleaned and sealed with 2 coats of clear H&C concrete xylene base concrete stain; the metal doors are to be painted the color of the fire station doors. prime and 2 coats of oil base paint- includes doing small outer building, and piping near building - piping to match existing pipe color and also small covered unit in front of the building; tank has hairline cracks that will be patched and sanded. Miner Road tank and building- Building- We will pressure clean the building and the Spanish tile roof; patch as required (included is the replacement of 8 areas that require new corner beads and/or 3 coats of plaster); follow same color scheme as Congress- prime and 2 coats of Sherwin Williams acrylic paint to stucco portion - lower section - up to top band of tank is to match body color of the Fire Station, upper band is to match darker trim color of fire station; all metal- scrape rust and coat metal with Eastwood Rust Converter; prime and then 2 coats of Sherwin Williams oil base enamel paint - color to match trim color of firehouse; the metal doors are to be painted the color of the fire station doors- prime and 2 coats of oil base paint and piping near building - piping to match existing pipe color. There is 65,820 sq. ft. of area to be pressure cleaned, primed and 2 coats of paint @ the City of Boca Raton approved units $ 1.02 (.12 cents - pressure clean and .30 cents per coat or .90 cents, prime and 2 finish coats) = $67,136.40 plus related work - 8 corner beads - $ 2,000.00; 10 gallons of Eastwood Rust Enca sulator is $ 38.20 per gallon over regular primer estimated in the Boca Raton unit - add $ 382.00- otalis $ 69 518.40. Cc: Melvin Pin key Bill Stecklow CC: Bill Butzbach Email: Bocasteck@aol.com Email: BIII@hartzeIlDaintina.com Cell: (561) 239-4711 Cell: (954) 658-0526 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@ci.boynton-beach.fJ.us www.boynton-beach.org MEMORANDUM TO: Carol Doppler Purchasing Agent FROM: Janet M. Prainito, CMC City Clerk DATE: July 22, 2009 SUBJECT: R09-096 Agreement for Pressure Cleaning and Painting Services Attached for your handling is the original agreement mentioned above and a copy of the Resolution. Once the document has been executed, please return the original document to the City Clerk's O!flce for further processing. Thank you. ~m.p~ Attachments (2) C: Central File 5:\CC\WP\AFTER COMMISSION\Departmental Transmlttals\2009\Carol Doppler R09-Q57.doc America's Gateway to the Gulfstream 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: Janet Allen Purchasing FROM: Janet M. Prainito, CMC City Clerk DATE: August 11, 2009 SUBJECT: R09-096 Agreement for Pressure Cleaning and Painting Services Attached for your information and use is a copy of the agreement and resolution mentioned above. Since the agreement has been fully executed, I have retained the original for Central File. Please contact me if there are any questions. Thank you. ~yY\. p~ Attachments (2) C: Central File S:\CC\WP\AFTER COMMISSION\Departmental Transmitlals\2009\Janet Allen R09-096.doc America's Gatewa.y to the Gul{stream