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R95-075RESOLUTION NO. R95-7~- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE MICROBIAL REMEDIATION OF THE BOYNTON BEACH CITY HALL COMPLEX TO MONTGOMERY ENVIRONMENTAL; AUTHORIZING AND DIRECTING THE MAYORAND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND MONTGOMERY ENVIRONMENTAL, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for the Microbial Remediation of the Boynton Beach City Hall Complex, i.e. removal of microbially contaminated materials under containment and cleaning of all areas, such as carpets, exterior wall boards, vinyl wall coverings, ceilings and tiles, HVAC unit interior lined ductwork, etc., by Bid No. 037-194-95/CJD; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to award the bid to MONTGOMERY ENVIRONMENTAL, as the most responsive and responsible bidder meeting specs. 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, hereby approves the award of a bid for the removal of microbiatly contaminated materials under containment and cleaning of all areas in the City Hall complex to MONTGOMERY ENVIRONMENTAL, and authorizes and directs the Mayor and City Clerk execute a Contract between the City of Boynton Beach and MONTGOMERY ENVIRONMENTAL, a copy of which is attached hereto as Exhibit "A" Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of May, 1995' ATTEST: City Clerk CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Co~ni ~s i.~ner . ~ Commis Mo~er ---) (Corporate Seal) Authsig.doc ~IC.rE~-cITY hALL cOMPLEX 4/28/95 .eye = 7_s 1 Project # CONTRACT THIS AGREEMENT, made and entered into this /✓f' day of /7/,9V , A.D. 19 9�' , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter call the "CITY and MONTGOMERY ENVIRONMENTAL, INC. Florida Corporation ( ) Check one a Florida general partnership ( ) a Florida limited partnership ( ) a sole proprietor ( ) hereinafter called "CONTRACTOR ". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said CITY for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, has determined that the bid in the total amount of FOUR HUNDRED AND FOURTEEN THOUSAND, FOUR HUNDRED AND SIX DOLLARS AND 00 /100, ($414,406.00), submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated MARCH 22, 1995, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for MICROBIAL REMEDIATION OF THE BOYNTON BEACH CITY HALL COMPLEX, City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices /or lump sum prices as specified in CONTRACTOR'S bid totalling FOUR HUNDRED AND FOURTEEN THOUSAND, FOUR HUNDRED AND SIX DOLLARS AND 00 /100 ($414,406.00). 2 2.0 SCOPE OF SERVICES 2.1 Contractor further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract conditions, supplemental general conditions and special conditions of the contract, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 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 City Engineer of the CITY and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and the City Engineer of the said CITY, and in strict obedience with the directions which may be given by the said City Engineer or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. Contractor shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 215.19, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be specified by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the Contractor in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Engineer shall satisfy him -self, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structures in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or materials found not meeting the requirements of the specifications hall be removed by or at the expense of the contractor and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any part of the work shall be remedied and made good by the contractor. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 Contractor hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 120 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with provisions hereinbefore set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as a penalty, in the amount stipulated therefore in the special conditions or in other contract documents for each and every 4 calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature of contract, notify City Engineer in writing of names of subcontractors proposed for principal parts of work, and for such others as City Engineer may direct, and shall not employ any that architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $ 250.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 120 calendar days from the commencement date to be indicated in the written "Notice to Proceed ". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, 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; the removal and disposal of all rubbish and surplus material; also all pumping, bailing, draining, or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they will be affected by the work to be performed under the contract, and shall make all necessary arrangements with such 5 department, departments, owner or owners for the removal and replacement or protection of such property or utitlies. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of Contractor, its agents, servants, or employees in the performance of services under this Agreement. 6.2 Contractor shall indemnify and save harmless and defend City, its agents, servants, and employees from 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 kine 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 performacne. The contractor and the City hereby agree and covenant that teh 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 provison shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the Contractor shall obligate Contractor to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Article "10" herein. However, the indemnification provision, and the insurance provison contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the Contractor to indemnify the City is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the City or the Contractor. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 6 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made, in writing, at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the Contractor or any of his subcontractors commence with his work without making a claim in writing for unforseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for such extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY's Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and /or adjustments under the Contract shall be promptly transmitted in writing by the General Contractor to the CITY's Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 7 8.4 The value of any change ordered under the Contract for extra work and /or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the Contractor; or, 8.4.3 By cost reimbursement which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the Contractor shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The Contractor shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allow ability and eligibility of costs proposes. 8.4.3.2 The Contractor shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is federally or State assisted, the Contractor's attention is directed to the 8 applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the Contractor and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Aong the items considered as general overhead are bonds, insurance,incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the Contractor's cost for administeringsubcontracts exceed five (5) percent of the subcontractors'cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the Contractor shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment ". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the Contractor and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of accepted daily records shall be made, signed by the Contractor and the Engineer and one copy retained by each. 9 8.5 Claim of payment for extra work shall be submitted by the Contractor upon certified statement supported by receipted bills. Such statements shall be submitted for the current Contract payment for the month in which the work was done. No claim for extra work shall be allowed unless the same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 9.0 PROJECT ENGINEER 9.1 The project engineer shall be CLAYTON ENVIRONMENTAL CONSULTANTS 9.2 The Engineer 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 p r o p e r execution of the contract. 9.3 As the Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. 10.0 INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations 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 "A ". 10.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 10.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used on construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all other requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or 10 other construction equipment, pneumatic hammer, derrick, the use of which is attended by loud or unusual noise, shall be operated between the hours of 6:OOp.m. and 7:00 a.m., except by written permission of the City Manager, and then only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property, if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, 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: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay 11 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 limprovement 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 Contractor shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to Contractor in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of Contractor to timely process a request for an extension of time to complete the work shall constitute a waiver by Contractor and Contractor shall be held responsible for completing the work within the time allocated by this Contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 15.4 For the purpose of this section the phrase "the City, its agents and employees" shall include but shall not be limited to the architect, project manager, and consulting engineers. 12 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, 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: > F - . _ May / Attest: Approi :. .s to Fo m: g0--ter ZYD-ert Alfikiii Acting Deputy C y Clerk 'City Attorney Signed, sealed and witnessed CONTRACTOR in t e presence of: / i:;,,,A4 gv //' 2» , : ////r ,, Pr= ident or Vice President PORTER McCOLLUSTER 1 PRES. Attest as to Contractor 'ALTDR 4/23/90 State of Alabama ) )ss: County of Lee ) Personally appeared before me duly authorized to administer oaths W ,e7eie M /7s - te to me know to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Za' Notary Public My Commission Expires: J 7 - - 7 - - 7 13 State of Florida ) )ss: County of Palm Beach ) Personally appeared before me duly authorized to administer oaths to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: ALTDR 4/23/90 BOND NO: PP41560104 PUBLIC CONSTRUCTION BOND BY THIS BOND, We MONTGOMERY ENVIRONMENTAL, INC. , as Principal and WESTERN SURETY COMPANY , THE CITY OF BOYNTON BEACH a corporation, as Surety, are bound to BOYNTON BEACH, FL ► herein called Owner, in the sum of $ 414,406.00 for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated 19 95 , between Principal and Owner for construction of MICROBIAL REMEDIATION OF THE BOYNTON BEACH CITY HALL COMPLEX BID NO. #037 - 194- 95 /CJD ► the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with . labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. PCB 1 M THE EVENT OF DISPUTE UNDER THIS BOND IMMEDIATELY CONTACT: CLAIM COUNSEL WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS. SD 57117 -5077 PHONE (605) 330 -7400 FAX (605) 335 -0357 BOND NO: PP4, ,0104 5. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes do not affect Surety's obligation under this bond. DATED ON 22nd May , 19 95 MONTGOMERY ENVIRONMENTAL, INC. (Name of Pr' i 1) BY: , /mil W ER SURETY CO P; 'f' 6 . The payment provisions of b onds f ` � w , • tor pu . it wor contracts described in subsection (1) shall, regardless of form, be construed and deemed statutory bond provisions, subject to all requirements of subsection (2). 7. In addition to the provisions of chapter 47, any action authorized under this section may be brought in the county in which the public building or public work is being constructed or repaired. This subsection shall not apply to an action instituted prior to May 17, 1977. 8. All bonds executed pursuant to this section shall make reference to-this section by number and shall contain reference to the notice and time limitation provisions of this section. PCB 2 9. In lieu of the bond required by this section, a contractor may file with the state, county, city or other political authority an alternative form of security in the form of cash, a money order, a certified check, a cashier's check, an irrevocable letter of credit, or a security of a type listed in part II of Chapter 625. Any such alternative form of security shall be for the same purpose and be subject to the same conditions as those applicable to the bond required by this section. The determination of the value of an alternative form of security shall be made by the appropriate state, county, city, or other political subdivision. PCB 3 POWER OF ATTORNEY (Irrevocable) BOND No. SP- 41560104 Know All Men by Thee Present& A A That this Power of Attorney is not valid or in effect ur es attached to the oond which it authorizes executed, but may be detached by the approving officer if desired That Western Surety Company, a corporation. does hereby make, constitute and appoint the following T W CI 1 7 1 authorized mdit[duals. AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS PEGGY HODGES BROWN ERNEST WICKER SCHULENBURG in the City of A TL AN T O , State of G E OR G 1 4 , with limited authority, its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute. acknowledge and deliver for and on its behalf as Surety, the following described bond. ONE BID PERFORMANCE BOND, AND /OR PAYMENT BOND PROVIDING THE TOTAL CONTRACT PRICE DOES NOT EXCEED TWO MILLION AND NO /100 DOLLARS (2,000,000.00). ************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of MARCH 11 , 2000 , but until such time shall be irrevocable and in full force and effect. WESTEIWIMIVOW OMPANY further certifies that the following is a true and exact copy of Section - of the By-Laws of Western Surety Company, duly adopted and now m fQ44,! 19. ititktin //W bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company reydsat, 6.get l Assistant Secretary. Treasurer, or any 'ice President, or by such other officers as the Board of Directors may authorize The President, any Vice ft e pt;'Se®ettgy, ny. / t dyj t Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the ,r�yme•bf ,ttli2 Compan% Ttte c to seal is not necessary for the vaLdity of any bonds, policies, undertakings. Powers of Attorney or other obligations of the corporation. The _ siona ure`df any such ofrfcefi tt f corporate seal may be printed by facamik • S � m Tlie ( penal amount of the b3fi ernn described may be increased if there is attached to this Power w ntten authority so authorizing m the form of an endorsement. letter or f. m telegta signed by the Senior _.1 rwnting Officer. Underwriting Officer President, Vice President. Assistant Vice President, Treasurer, Secretary or Assistant Secretary of Western SS�*et! Com y specificallyautetoo>lmg said increase s a � �{/ �r y✓i . sr'w'fER. stern Surety Company has ausod these presents to be executed by its President with its corporate seal affixed this GG t "'•' b ( `� 'L J. WESTERN SURETY COMPANY STATE t5� SOUTH DAKOTA By -e ss COUNTY OF MINNE HA President On this -- . _ day of � ` i m s the year • before me, otary Public, personally appeared Joe P Kirby, who being by me duly sworn. acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. t .. W.."' e+ a S BARNES NOTARY PUBLIC SOUTH DAKOTA Notary Public, South Dakota My Commision Expires i ': -99 I, the undersigned officer of Western Surety Company a stock corporation of the State of South Dakota_ do hereby certify that the att ched Power of Attorney ism full force and effect and is irrevocable and furthermore, that Section 7 of the Bylaws of the company as set forth m the Power of Attvey is now in fo / i In testimony whereof 1 have hereunto set my hand and the seal of Western Surety Company this • '2 � day of 1 { i t�Q `! / WESTERN SU' ETY COMPANY 'IMPORTANT. This date must be filled in before it is attached to the bond and it must be the same date as the bond. By Form 749 -5 -92 410 President . t V. BIDS C.2 cc: Purchasing FACILITIES MANAGEMENT DIVISION Facilities Memorandum No. 95 -65 rrn/ TO: Lana Koester, Purchasing Agent V =A: Charles Frederick, Recreation & Parks Director CI-:- FROM: Bill Debeck, Project & Facilities Manager DATE: April 26, 1995 ,1 SUBJECT: IAQ Remediation Bid On March 23, 1995, bids were received and opened for the project of Microbial Remediation of the City Hall Complex. Five (5) bids were received and reviewed and found to be complete in all required forms and documents. The low bidder was Cross Environmental Services with a bid of s265,250. After discussing their bid with myself and Rick Scott of Clayton Engineering, Cross Environmental sent the attached letter stating they felt they had made substantial underestimates in their bid and requested to have it withdrawn. The next lowest bidder was Montgomery Environmental at s414,000. contacted then and also had them call Rick Scott and discuss their bid. They sent the attached letter stating their full intent to acnor their bid. Montgomery Environmental was the successful contractor on the Martin County Courthouse Microbial Remediation Project. They have a working relationship with Clayton Engineering. A letter of recommendation from Martin County and a letter of approval and recommendation from our consultant, Clayton Engineering, are also attached. I have spoken at length with Mr. Porter McCollister of Montgomery and feel confident they can handle the job. He has informed us that the sigme crew and superintendent from the Martin County Job will do our work. I therefore recommend the City drop the bid of Cross Environmental alad award the contract tc Montgomery Environmental, Inc. for 3414 COO so as to start this job on the June 1, 1995 schedule. ! AP 26 19 5E Blll =eEeck TO: CITY kNAGER'S OFFICE FROM: PURCHASING DEPARTMENT SUBJECT: CITY COMMISSION AGENDA FOR REGULAR MEETING OF MAY 2, 1995 Wkshp. of Reg. Date Please put the following item on the City Commission Agenda for above date* BID #037 - 194- 95 /CJD 1. Description MICROBIAL REMEDIATION OF THE BOYNTON BEACH CITY HALL COMPLEX - Removal of microbiallv contaminated materials under containment and cleaning of all areas: ie: carpet, exterior wall boards, vinyl wall coverings, ceilings and tiles, HVAC unit interior lined ductwork, etc.... 2. If Bid Item - Amount budgeted and Account Number 301 - 194 -5- 634.12 $414.406.00 3. Recommendations The Tabulation Committee recommends awarding this Bid to: MONTGOMERY ENVIRONMENTAL of Montgomery. Alabama in the amount of: $414,406.00 4. Explanation of Recommendations, in full (attach additional sheets if necessary) Five bids have been received and reviewed. Lou Bidder, Cross Environmental, has made substantial underestimates and therefore has requested to withdraw, leaving Montgomery the next lowest, most responsive, responsible bidder who meets all specifications per memo 395 -65 from Bill DeBeck, Proiect & Facilitie Manager. Clayton Environmental concurs with this decision. Documents, detailed cost estimated, maps, etc., supporting each item should be attached and be reproduced in sufficient number for the City Manager and each Commission member to receive a copy. / :,:g ' ' '— i r-----1 ' / PUR I G GENT 1 *RETURN THIS FORM WITH SUPPORTING DOCUMENTS BY NOON WEDNESDAY FOR REGULAR MEETING WORKSHOP REGULAR Item Number Item Number Agenda Date Agenda Date Action Action .t. ' 1 \ 1 r-te..__e0ec_\(..._ 10) tri 1% ,.. 11..1.1 t 1 i ,..........., _ _ ` J V MAR 30 i9 4 MILkULIAL kLMLOIAI1U14 01- "UFI-Ek:, 1- kuM iHL VLNUUkb L1tlLU Il[kLIN AkL 1111 01/LV 011Lk, lilt 1'•0VU1UN 1.1 A. II ( 11Y MALI . 1, r4I 1LX kit L1VIL) IIMLLY A. 01 IIIE ALtOVL RILL IV11u L,AIL AND I I MI ALL OTMLk UFFLk :,010M1t1LU IN kLbFUN:,L 1U (III 4 i.11 t41NINt, LAII : MAkt_11 2J. 1445 II AMY, AkL IlEkLBY kl!Lt.1L1t A:• LA II" Li 1U U1-LN1Nl, ILMI: 2:00 P.M. t:11 tk,. 40.1 144 4t,!t tI. • 6 • - -7 r�. 1 fll'.l 1 Lklr • • tt4:.111N 11011 L1x41•N1' ! I(UL:� ENVIRUIIMLN1At .:LkVICE:, MW1(UMlk +kMiNil+plA� + A1 Ct*1 11,11 ( VI 1118- , . • I v LNV11;LtNMI_NIAI I;•nMIN <A1 llx4',IkUL.11�X1 t Iy1F•a4YI I 2$04 ;,k 54 WL'.,I IP.u. BOX 229 P.u. Iwx 11u/ 1!01,0 N. ....Silk/4a4 AVLNIN_ I I 4 VIE IA I V tMAPLE . 11. 'JJ•) 4J 1CkY;.1AL SPRINIib, FL 33524 MUNI0u0MLKY, Al .16101 Ii'/UAMA 1.11V, F1 J241t• I • 1 I 11ti4 t Kc G + Oboe tr . I 1 4 �wp4al3Htdi�ifLtifE4An1. .. 1 1 1 EUTAL AMWNI $l,120, /50.00 I $265,250.00 $414,401,.00 I 51,0411,000.00 I 4 1 1 1 I 1 1 I 1 I 4 LALLNUAk DAY:, 120 1 120 1 20 I 120 I I I 1 1 I SS BLU LILIIJ I t,UN1kA(.1Uk:, BQNUINti 1 AMERICAN INSTITUTE OF I WESI :AWL TV t.UMPANV 1 LUNTINCNTAL IIEkI IAIiL 1 1 I ItI•.IIkAI'll L GUMI ANV 1 AkC1111E1. 11.. 1 1 4 ;,IAILMLt11 01- U1UULk':, 1 YLb 1 YES 1 YE:, . 1 'LS 1 4 WI1AL I I 1 t A t tort • 1 1 1 1 1 1 ( 1 i :AIL 1U 4 LL 110N 1 YE:. /NU EMPLOYEE 41191A FURL 1 NO I YES /NU EMPLOYEE :;1141ATUkE 1 YEL /NU EMPLOYEE L11.114ArUkL 1 t,tx41 I kMA I I t *4 • 1 I 1 I 1 0 1 1 1 I 1 PLL. /ANTI KICKBACK 1 YEb /YES 1 ,0 YES /YES: 1 . YES /YES 1 YES /YES 1 I 1 '1 1 1 1. 1 1 • 1 NUNCULLULIUN AFFIDAVIT 1 YES 1 YES 4 1 YLS I YE;• I <1 I 1 1 - - - -- • - -- - _ -- T • ()kW 1-kEL WUkKPLACC $ • YL;; 1 YES 1 VLb 1 YLS � ()kW I I 1 I 1' MINIIk11Y UMNLD UIP,1N1:,:, 1 VLb /NU1 1 VES/NOT 1 YE b/1401 1 YES /NUr 1 1 1 1 1 41 try_ IIkANLE AUVI:,UKY 1 YL:, 1 VEb I YE:, 1 YEb I 1 I 1 1 fib uUCUN 1 kAC 1 Uk:. L1', r 1 YL' I I 1 1 1 NO ( YLS 1 YE:, I 1 1 1 1 II 11 MICkuBIAL kEMLUTAIIon IA " 4IF1- Lkb FROM 111E VLNDUk:, L151LD IILRLLN ARE 111E ONLY 1*FLR5 I11L ItuYN1UN 1:1 A4.11 4. 11Y I IALL UMI'I 1 x 11LILVED TIMELY A. of 111E A1OVL 14LCEIVIN3 UA 1 L AND TIML. ALL OTHER OFFERS SUIMI1TED IN kESPCNSL TO 11115 :;u1 ICI TAT ION , . 011 44 UAI1: MA16.I1 2 ;, 1995 LI ANY, ARE HEREBY kEJEC1EU A:.. LA11" 011) OPLNIN(J TIME: 2:00 F.M. 1:11■ No 401/ 194 9'./ Ili vu ix 4 (Cku9:. t 4 01` 11(1111 NM COMPANY I C kQSL ENVIRONMENTAL SERVICES IMON1GCNERY LNVikONMENTAL I .AMUkA1 uuNSTRUC T 14N 4 uMF ANY I 129555 51( 54 WL:,1 1P .0. BOX 229 IP.O. 1wX 1101 12060 N. SIILkMAN AVENUE 1 194401, Y cTIAI 1 l , 11 33543 1ckY5IAL 4Pk1Nb5. 11 33524 IMIJNluuuMEkY, AL 36101 $I•At1AMA t_1TY, 1-1 i24U5 1 1 1 1 1 1 A( KfXJWI LLxi1.0 ALN r1 f�llt 1 I YE ; I } ° YL; t+ 1 I : =; YES . - I NO I 1 ` IF-. h I I I 1 1 r 1 1 I cutoff t-11 1 I ' 0. I 1 I 1 1 1 1 I MICkOBIAL kEMLUTAIlot/ OF "uFFLk., FkOM 1111 VENDOR', L1,ILD IILkLlN AkL. 1111 uNLY UFFI 1111 BUYNIUN LILAl11 C.LIY IIAII CuMPLLx KLCLLVED TIMELY A. OF 1111 AUUVE RLt.EIVLN0 UAIE AND IIM1 . ALL OTHER uFFERS SUBMIT 111.) IN kE:;PUNSL iu INV.; SULICIIAIlON, I1I1k 1Nu UAII : MAktl1 ''i, 19:VJ 11- ANY ARE HEREBY WEALTH.) A:, LATE" BID uPLNING tIMI: 2:0U N.M. 1 • ID N'.). 110:1 / 19/1 9!, /■ JL' ,vIfNNN' 11MA'•111' kl ;10kAI 1 I>!►sz N.W 2/111 AVENUE /POMPANO DI-NJI, 1•L 33ubf1 1 1 1 I I • 1 IUTAL AMuUNT 1 41,496,UU0.53 I 1 -,.. -. 1 CALENDAR DAYS 1 120 1 1 1 1 YE.i • 1 5% BID BUNT) 1 AMWLat 5UkETY INSURANCE I 1 I_IMPANY 1 SIAMI:MINI uF BIDDER', 1 VE5 4,$IAL 11 l• Al I'RI'. 1 1 I 1 'ATE 1N. PLt,1IEY1 1 YL:, /Nu LMPLUYEE 5IUNATURE 1 ( A 1 4 1 KMA 1 1 oX1 I I 1 PEC /ANTI KICKBACK I YE:, /VEL' 1 1 t1UNCULLUL1UN AFFIDAVIT 1 YES 1 1 1 I DRUG FkEI WukKPLAI.E 1 VLt, 1 1 1 I MINUkITY OWNED DUsINE'..5 I YLb /YES CERTIFIED 1 1 1 1N:;UKANI.L AUVI:,OkV 1 Y1b I I 1 1 ;,I IUl.Ut1 I kAc l uk', L 1 t. I I uo 1 I I ` M[l ROC IAL kLMLUTAIl4N of "t1F1- LR5 FRUM 111E VLNUOkb LISFLU IILRLIN ARE TIIL UNLY ofFLk;, 1111 ItuYt11 uN ULAU 1 (.11Y 1IALL t.OMFI I X kit L 1VLU 11MEL Y AL. t M 111E AHOVE kEl.0 1 V1Nti UA 11 AM 11141 . ALL Ol11ER OFFERS SLUMITTED IN RESPONSE TO 11115 SOLICITATION, 1: 11 , .H 111Itit, UA11 : MAk(.11 2J, 1995 11 ANY ARE IIERELSY RL.ILt ELI) As LAII" El 1U OPLNIN0 1114E: 2:00 F.M. r.11) tk . 110 11 144 95A 11) V j1I)Ok ' 1 Ek kE: I '#M 2?TH AVENUE I 1 ilEA131, FL 33049 1 • 1 >>+t , wt 1 1 1 1 • 1 ACkt4OWLLULAEO AUULND194 ill I YES I I r , 1 cuMMI 11 1 I 1 1 1 - ;�; :, , .11 4R14 . d 1 .s,3 CES CROSS €M 1RONIASNML SWAM RIC. ONIRONSIONTAL CON1WSCI April 12, 1995 Mr. Bill DeBeck Project Engineer City of Boynton Beach P.O. Box 310 Boynton Beach. Florida 33425 -0310 Re: Bid # 037- 194- 95 /CJD Microbial Remediation Boynton Beach City Hall Dear Mr. DeBeck: I am writing in regard to our bid for the microbial remediation at the Boynton Beach City Hall. As you know, our bid was considerably lower than that of any of the other bidders. In reviewing our figures, we feel that our bid is inaccurate in at least two respects, specifically that we were overly aggressive on our figure for the overhead cleaning and additionally that we did not allow adequate time for the multiple mobilizations that would be required. In the seven year history of this company, we have bid on a substantial number of projects, and have never before found ourselves in this position, but in this case it seems clear that undertaking this project for the bid price would result in a substantial loss. The purpose of this letter is therefore to request that we be allowed to withdraw our bid without forfeiture of our bid bond. Because we have not had any previous experience in situations of this sort, I am unsure as to whether you might require any additional information in this regard, but if so. please advise. I would like to add that should it develop that the project will be re -bid, we would welcome the opportunity to participate. Ve y truly yours, L d a. 0 L,,3-6 Ciy A. Biston PO Box 229 • Crystal Springs, FL 33524 • (813)783 -1688 • (FAX)788-9114 PO Box 541 436 • 3393 N W 151st Terrace • Miami, FL 33054 • (305)769-3177 • (FAX)769-3107 M O N T G O_M E Y E N V I R O N M N T A L rs c April 6, 1995 Boynton Beach ATTN: Bill DaBeok Dear Bill, We have reviewed our bid and confirm that our bid is correct. We are prepared to sign a contract and begin submittals for a aid May - early June start date. Please call if you have any questions. Sincerely, Montgomery Environmental, Inc. orter McCollister President r POST OFFICE BOX 1107 MONTGOMERY, A L A B A M A 3 6 1 0 1 2051032-7323 FAX 20S/261-217$ (� norheastem Operate - R�rtran C.c • 1 I *Marv. Menu* Clayton fduw N) 18537 t1 225-b041) ENVIRONMENTAL Pax MOO) 223.4577 CONSULTANTS - • Via Telccopy• (407) 375 -6211, April 2(, 1995 April 26, 1995 Mr. William Del3cck Project and Facilities Manager CITY 01- BOYN'1'UN REACH 100 East Hoynton Beach Boulevard P a Box 310 Boynton Beach, Florida 33425 Clayton Project Nu. 61681.40 Subject: Bidders for kemediation Project ct Dear Mr. DeBeck: Clayton Environmental Consultants, Inc. has no objection to Montgomery Construction performing remediation work in the Boynton Beach Municipal Complex a.. detailed m Clayton's Technical Specifications for Microbial Rernediation r f Municipal Complex, City ul (Boynton Beach, Florida, dated Fchnu•uy 3, 1995 If you have any questions, pleas call me at (90R) 225 -6040. Sincerely. 66X.Iftd Richard Sc q AIA (- ( Senior MAO* RS:cd -' t ievton fnvnunmental Lonsuhrni >, Inc a tktnni • stvw YnriPyro ark • AUrnir • S.rn Franc r.r •• • Irn AnR•b, ■ h ,nrrlly • Winch),, 4)N • t uronk, • eimunpharn ti K • nrocon, 1) K • tiu(Mhamoun, U A • Carr+he,b I l K MAMMAL .. ML: ^'VMS M ARMETIONC cw( .p « ht. MIRA GAMS ,4 AALt4C 40A ^ .i. •11 3 . Nstr4^ BOARD OF CCUV Y COMdMISS1ONERS 2401 E \ Road • > mart Flortcfa 34996 g. Pk kN _ ( : - COUNTY A{7MINIATRATt P '' 4O7) Tee 5+ COUNTY OF MARTIN STATE OF FLORIDA April 20, 1995 ADM- PC- 95 -59L Mr. Bill DeBeck Facilities Manager P.O. Box 310 Boynton Beach, FL 33425 Subject: Contractor Recommendation Dear Bill: The purpose of this letter is to provide ny recommendation for H & M Associates, now known as Montgomery Environmental, Inc. H & M Associates performed the microbial remediation of the Martin Courthouse during the Fall of 1994, under the direction of Clayton Environmental. The professionalism displayed by their staff, especially Mr. Keith Leggett, while on this job, was exemplary. Their attention to detail in an area as sensitive as microbial remediation was exactly what we had hoped for and I would be happy to recommend them to any municipality for the similar type of work. Should you have any comments or questions, please do not hesitate to contact me. Sincerely, David R. Peach Project Coordinator DRP /lc cc: Peter L. Cheney, County Administrator Porter McCollister, Montgomery Environmental, Inc. fir =+. 2 1 RESOLUTION NO. R95 -,> A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BID FOR THE MICROBIAL REMEDIATION OF THE BOYNTON BEACH CITY HALL COMPLEX TO MONTGOMERY ENVIRONMENTAL; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON BEACH AND MONTGOMERY ENVIRONMENTAL, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, bids were received for the Microbial Remediation of the Boynton Beach City Hall Complex, i.e. removal of microbially contaminated materials under containment and cleaning of all areas, such as carpets, exterior wall boards, vinyl wall coverings, ceilings and tiles, HVAC unit interior lined ductwork, etc., by Bid No. 037- 194- 95 /CJD; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida to award the bid to MONTGOMERY ENVIRONMENTAL, as the most responsive and responsible bidder meeting specs. 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, hereby approves the award of a bid for the removal of microbially contaminated materials under containment and cleaning of all areas in the City Hall complex to MONTGOMERY ENVIRONMENTAL, and authorizes and directs the Mayor and City Clerk execute a Contract between the City of Boynton Beach and MONTGOMERY ENVIRONMENTAL, a copy of which is attached hereto as Exhibit "A ". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of May, 1995. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) Auths g.doc mIC rEM -cITY hALL COMPLEX 4/28/95 Project # CONTRACT THIS AGREEMENT, made and entered into this day of , A.D. 19 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter call the "CITY and MONTGOMERY ENVIRONMENTAL, INC. Florida Corporation ( ) Check one a Florida general partnership ( ) a Florida limited partnership ( ) a sole proprietor ( ) hereinafter called "CONTRACTOR ". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said CITY for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, has determined that the bid in the total amount of FOUR HUNDRED AND FOURTEEN THOUSAND, FOUR HUNDRED AND SIX DOLLARS AND 00/100, (S414,406.00), submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated MARCH 22, 1995, which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for MICROBIAL REMEDIATION OF THE BOYNTON BEACH CITY HALL COMPLEX, City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices /or lump sum prices as specified in CONTRACTOR'S bid totalling FOUR HUNDRED AND FOURTEEN THOUSAND, FOUR HUNDRED AND SIX DOLLARS AND 00 /100 ($414,406.00). - o _ ico - ..._ - , 0 2 III' CONSENT AGENDA ' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM /0 4.-s-- 7 ❑ Prelinunary Draft ❑ Revised Draft ® Final Subnuttal Requested City Commission Date Final Forth Must be Turned in Requested City Commission Date Foul Form Must be Turned in Meeting Dates to City Manager's Office Meeting Dates to City Manager's Office 0 December 3, 1996 November 25, 1996 ❑ February 4, 1997 January 29, 1997 ❑ December 17. 1996 December 11, 1996 0 February 18, 1997 February 12, 1997 ❑ January 7, 1997 December 30, 1996 ® March 4, 1997 February 29, 1997 0 January 21, 1997 January 15, 1997 ❑ March 18, 1997 March 12, 1997 NATURE OF ❑ Administration © Consent ❑ Presentation AGENDA ITEM ❑ Bid ❑ Public Hearing ❑ New Business j Legal ❑ Unfinished Business ❑ Other DESCRIPTION OF AGENDA ITEM (attach additional sheets and supporting documentation If necessary) Termination of May 1995 Agreement between the City of Boynton Beach and Montgomery Enviornmental, Inc., RECOMMENDATION Commission authorization to proceed with termination of Agreement with Montgomery Environmental, Inc. 7, — t�[� --/ ,, t / Di C ,S a i l , < <� , Department Head's Signature City Manager' Signature ... Deportment Name C id e e)iiiiiiilL-7-- S UTIFORMS\AGENDA CITY OF BOYNTON BEACH MEMORANDUM TO Mayor and City Commission FROM Michael J Pawelczyk, Assistant City Attorney ' ✓ / RE Building Remediation - Contract with Montgomery Environmental DATE February 25, 1997 Montgomery Environmental, Inc. was hired by the City in May, 1995 to complete remediation work in the City Hall Complex pursuant to guidelines prepared by Clayton Environmental, Inc. The work Montgomery Environmental was performing was suspended due to numerous deficiencies in performance by Montgomery. Pursuant to Section 12.0 of the Agreement between the City and Montgomery, written notice of the intent to terminate the contract is required to officially conclude the relationship between the parties. Accordingly, this office requests permission from the City Commission to send the attached termination letter to Montgomery Environmental MJP /aa wp \ files \ 960268Montgomery memo cc Dale Sugerman, City Manager Wilfred Hawkins, Assistant to the City Manager The City of Boynton Beach 100 E. Boynton Beach Boulevard �o Y N T() , _ P.O. Box 310 ), 'L ` Boynton Beach, Florida 33425 -0310 4 aj 10 Office of the City Attorney i (561) 375 -6050 "r` c 1 � lb' FAX: (561) 375 -6011 / J . . 7/ DRAFT Porter McCollister, President Montgomery Environmental P O Box 1107 Montgomery, Alabama 36101 Claim Counsel Western Surety Company P 0 Box 5077 Sioux Falls, South Dakota 57117 -5077 Re: Building Remediation at Boynton Beach City Hall Complex 100 E Boynton Beach Boulevard, Boynton Beach, Florida Public Construction Bond No. PP41560104 Dear Mr McCollister: Pursuant to Section 12.0 of the Contract dated May 2, 1995, between the City and Montgomery Environmental, this shall constitute notice of termination of the contractual arrangement between the parties. A copy of Section 12.0 of the Contract is attached hereto Montgomery Environmental has breached the Contract, as the work performed was substandard and Montgomery failed to perform under the terms and conditions set forth in the contract thereby necessitating the suspension of the project. As you indicated at our December 27, 1996, in conference that Montgomery Environmental, Inc. did not wish to return to City Hall to complete the work under the contract, the City proceeded to retain another company to complete the remedial work. D Very truly yours, RAID JAMES A. CHEROF City Attorney Encl wp\files\960268 \termination letter cc Dale Sugerman, City Manager Wilfred Hawkins, Assistant to the City Manager "An Equal Opportunity /AHirmative Action /ADA Employer" • . • CHANGE Distribution to: CARDER OWNER ❑ • ARCHITECT ❑ AIA DOCUMENT C701 CONTRACTOR ❑ FIELD ❑ OTHER ❑ PROJECT: CITY HALL COMPLEX REMEDIATION CHANGE ORDER NUMBER: 5 (name. address) 100 East Boynton Beach Blvd. .INITIATION DATE: TO (Contractor): -�� ARCHITECT'S PROJECT NO: ( MONTGOMERY ENVIRONMENTAL, INC.I P.O. BOX 1107 (36101) CONTRACT FOR: Microbial Remediation BID #037- 194- 95 /CJD 441 Clay Street (36104) [Montgomery, AL 1 CONTRACT DATE: May 2, 1995 (Commission Approved' You are directed to make the following changes in this Contract: Additional work in the south side of Fire Station 1/1 - 1st & 2nd floors, and West Wing - 2nd floor changed from a Level 2 to a Level 1 due to the presence of additional fungus as determined by Clayton Environmental. 5 days x 6 men x 10hrs /day @ 40.10 /hr. = $12,030.00 Plus Landfill - 2 loads @ $200.00 /load - $400.00 TOTAL COST OF CHANGE ORDER #5 IS $12,430.00 Nut valid until signed by both the Owner and Architect. Signature (1I the Contractor indicates ht. agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was $414,406.00 Net change by previously authorized Change Orders $ 31,033.40 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was E 445,439.40 - The (Contract Sum) (Guaranteed maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order $ 12, 430.00 • The new (Contract Sumr (Guaranteed Maximum Cost) including this Change Order will be .: $ 457 , 869. 40 The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: • Jlifr eBeck, Facilities Mgr .a ENVIRONMENTAL Mlle Parker, City Mgr address P.O. BOX 310 Address P.O. BOX 1107 Address P.O. BOX 31U Boyn on B h. . L 33425 ` o t:omer �• Boynton Bch., FL BY,1i�IGG / ` O 1 // 42.5 IC DATE ` P 1 DATE 5 DATE C mumwmaimmtio AIA DOCUMENT G701 • CH, '.(,E ORDER • AI'1411 1970 FDI rI , • ACA* • n 11171t t (� H / 4N ARCHITECT C AMA Ot7CU' 1E IT C,7n CONTRACTOR C FIELD 0 OTHER [C - "OIECT CITY H _ ALL COMPLEX REMEDIATION CHANCE ORDER NUMBER 4 .Warne )ddres. 100 East Boynton Beach Blvd. INITIATION DATE TO (Cont'zctor. — 1 ARCHITECT'S PROJECT NO 1 MONTGOMERY ENVIRONMENTAL , INC .1 P .0. BOX 1 107 (36101) CONTRACT FOR. Microbial Remediati BID #031- 194- 95'CJD 441 Clay Street (36104' 1 M: gotnery, Al. J __ CONTRACT DATE Mav .' . ' Q`+ • (C')inrn3.- ts:or' ApprQvt Y OU a'o 44re 'c r the tole. -+wing rhan6Ps ,1 tnts Cc+nir3ct ' t r A1rmerr' - t a- 'P 11 .t �. - t• 7- - ' - . ' —r t75 , l': ...I ' - . ' tin., , r , ) %441 ., , 1 ,,,,in; .,gnect 'Iv rut? ,he Owner Jnd Arenrr�r - - -- - s,gn,,,,,.. •„ 'hn Crintr,tt or indicJles htr }kreernent herewith , nctudrne any adiustment in rho Contract Sum ue r not rec. ',•,,, 'he or gr'•.1 Contract Sum/ (Guaranteed Maxrm,.m Cost) was S r, 1 h t " - -�- w Net change by previously authorized Change Orders . S ...... , The ( ContrJct Sum) (,Cuaranteed ~Maximum Cost) prior to this Change Order was S , ` . x 'he (Contract Sum Cuaranteeu Maximum Cost; will be (rncrtusedj (decreased) 'unchanged) try thss Change 3rrrcr = 'he rc ,Contract $um (Cuaranteecf maximum Cosi' tnctudtng rh's Change r )rder will be S 1 . , , ', '4 4' rte Cuntrac: Time will be stncreased; (decreased) (unchanged) by 1io ' '),vs r }5e 0 fie of Substantia! Completion as of the dote of this Change O,cct therefore is Authoar ed > ir eBeck, F&cillIiies Mgr ri8Wfbbitly ENVIRONMENTAL ear e, Parker, City Mgr Address P 0. BOX 31 0 ,�<t<frt•>, P.0 BOX 1107 Addre.s P. 0_ 110T 3.i u ______ Bch., FL 33415 omen _ _ Boyrito n , FL /J - - 1 3 3 4 2 tty_ 4 . Al m— I ' fist _ ( RV �� � ` = _ : -- _ = - -,tT } _ -- --- - DATE] `y� --- ...........-,........s■■■*. III. CONSENT AGENDA G FACILITIES MANAGEMENT DIVI, cc: Facilities Memorandum No. 95 -124 Recreation TO: Carrie Parker, City Manager dd"2 ;44'7 4w VIA: Charles Frederick, Recreation & Parks Director FROM: Bill DeBeck, Facilities Manager DATE: November 16, 1995 SUBJECT: Montgomery Environmental's Change Orders #2 & #3 Attached are Change Orders #2 & #3 for additional work performed in the East Wing and the Police Station by Montgomery Environmental caused by the discovery of microbial growth in the sheetrock and acoustical panels. The work involved the removal and replacement of sheetrock in Room 177 of the Police Station, East Wing Lounge, and Police Locker Room (East Wing), and the additional time to reclean the bath areas. In the Dispatch area of the East Wing, Clayton's testing showed some of the acoustical panels to still have dust and spores after the required cleaning. Due to the density of the fiberglass and stains on the material, Clayton required their removal. For your review and Commission approval. BDB /pl Attachments RECEIVED L' NOV " CITY MANAGER'S OFFICE # R unuCK aRCHfTEt�` A/A DOCUMENT , 701 .mONTRAL`OR FIELD OTHER PROJECT: CITY HALL COMPLEX REMEDIATION CHANGE ORDER NUMBER (name. address) 100 East Boynton Beach Blvd. INITIATION DATE TO (Contractor) ARCHITECTS PROJECT NO: MONTGOMERY ENVIRONMENTAL, INC •' CONTRACT FOR: Microbial Remediati P.O. BOX 1107 (36101) BID 1037- 194- 95 /CJD 441 Clay Street (36104) [Montgomery, AL 1 CONTRACT DATE: May 2, 1995 ( Commission Approvt You are directed to make the following changes in this Contract: 1) Removal of sheetrock in Room 177 in a level one containment. This work was not shown on the original drawings. -„ COST: $1,122.80 (28 man hours @ 40.10/mh) 2) Replacement of sheetrock in Room 177 from Lotspeich. COST: $676.20 TOTAL COST OF CHANGE ORDER 13 - $1,799.00 Nut valid until signed by buth the Owner and Architect. Signature nt the Contractor indicates his anrecment herewith. including any adjustment ,n .M. Comma Sum or Contract rime. The original (Contract Sum) (Guaranteed Maximum Cost) was ....... . . . S 414,406.00 Net change by previously authorised Change Orden S 20,813.40 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was $ 435,219.40 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) 1,799 .00 by this Change Order $ The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be . S 437,018.40 The Contract Time will be (increased) (decreased) (unchanged) by 1 1-1) ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is P't-- Authorized: l Facilities Mgr.aftFMAY ENVIRONMENTAL a ztrRie Parker, City Mgr Address P.O. BOX 310 Addreu P.O. BOX 1107 Address P . 0 . BOX .31 u Bo t•.au 33425 � �s _ommmer /f - _ Boynton Bch., FL /III 1fr OY /s' U/� /� ny 42 DATE /7 /9 7' DATE /// 9C" DATE 'IA DOCUMtNT 0701 • CHANCE ORDER • APRII 1978 FDIrtO\ • Ile. 1 \1(RI(' \,N I\`rltiirf 1)r AIA(11111( r' 1711 NEW YO) k 1VI v1\ tV\'lu\( ,yni -- ' in DOCUMENT G701 CONTRAc; OR p FIELD ❑ '' OTHER ❑ PROJECT: CITY HALL COMPLEX REME.DIATION CHANGE ORDER NUMBER: 2 (name. address) 100 East Boynton Beach Blvd. INITIATION DATE: TO (Contractor): ARCHITECT'S PROJECT NO: 'MONTGOMERY ENVIRONMENTAL, INC.I CONTRACT FOR: Microbial Remediatic P.O. BOX 1107 (36101) BID 1037 194 95 /CJD 441 Clay Street (36104) LMontgomery, AL J CONTRACT DATE: May 2, 1995 (Commission Approve You are directed to make the following changes in this Contract: 1) Remove 24 sq.ft. additional sheetrock at the bottom of three columns ✓ in Room 102, Employee's Lounge. COST: $320.80 2) Remove sheetrock ceilings from the Men's Locker Room in the Police Station including two additional cleaning opeations. COST: $8,421.00 (210 man hours @ $40.10 /mh) 3) Remove 968 sq.ft. fiberglass panels in Room 206 including recleaning of the area. COST: $2,406.00 (60 man hours -@ $40.10 /mh) 4) Replacement of sheetrock from Drywall Insteriors. COST: $1,806.00 r TOTAL COST OF CHANGE ORDER 12 - $12,953.80 Not valid until signed by both the Owner and Architect. Signature tit the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) (Guaranteed Maximum Cost) was $ 414, 406.00 Net change by previously authorized Change Orders s 7,859.60 The (Contract Sum) (Guaranteed maximum Cost) prior to this Change Order was s 422, 265.60 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order $ 12, 953.80 The new (Contract Sum) (Guaranteed Cost) including this Change Order will be $ 435,219.40 The Contract Time will be (increased) (decreased) (unchanged) by ( z ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is � L- • Authorized: aireBeck. Facilities M . If &'W1Y ENVIRONMENTAL aiie Parker, City Mgr Address P.O. BOX 310 Address P.O. BOX 1107 Address P.O. BOX J.L U Bo to ■L:, h. FL 3 425 AL. t _omer Boynton Bch., FL I3Y ���: / / /�st, tjy IMMO • 1 RY j S 4 L DATE // 2 �S DATE /! 7 gf DATE AiA noCUARNT Clot • (FIAT ;l 1 i D(t: • Arr:u 19711 WI MIN • AIX- • n 19711 r►If 11,t0,11(' \N 1``rl1urF 19r .'g( 1I111( r% 1711 NEW V( Wk AV/ '. W \V \'1II \r.t( N' u ( 21wuw. C:f11 — 'r'1 t City of , , Boynton Beach 100 B. Boynton Beach Boulevard "'�'""' ' ' ''� `' n P.O. Box310 r �1�4 }ci �0 ��2} 03 Boynton Beach, �lorufa 33425 0310 ��� ��' 1 �� It 7 , a City Mall (407) 375 -6000 �� ������ . �j► J X: (4 07) 375 -6090 NOTICE TO PROCEED TO: MONTGOMERY ENVIRONMENTAL, INC. DATE: JULY 12, 1995 441 CLAY STREET MONTGOMERY, AL 36104 ATTN: PORTER MCCOLLISTER PROJECT: MICROBIAL REMEDIATION OF THE BOYNTON BEACH CITY HALL COMPLEX BID #: 037 - 194- 95 /CJD You shall commence WORK in accordance with the Agreement dated: MARCH 22, 1995 on or before JULY 10, 1995 and you are to complete the WORK within 120 CALENDAR DAYS thereafter. The date of completion of all WORK is therefore: NOVEMBER 6, 1995. The Contractor's point of source for all activity relating to this project will be: Contact Person: BILL DEBECK Department: FACILITIES MANAGEMENT Title: PROJECT MANAGER Telephone : (407) 375 -6020 CITY OF BOYNTON BEACH i '7 '1 City Manager or Designee ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby a knowledged BY: PORTER McCOL TER/ PRES. DATE: 7 /0/4c Print N.' e Signature: / Za Title: ��,e , 1 pc: Central File File Bill DeBeck - Project Manager .America's Gateway to the Guffstream orssu +.s a 4 sn TO FROM SUE KRUSE ..AROL DOPPLER CITY CLERK PURCHASING --- ALA/I'M - MICROBIAL REMEDIATION OF THE CITY HA SUBJECT BID 1037- 194- 95 /CJD COMPLEX FOLD NO 9or10 MESSAGE Attached is the original, executed contract for the above mentioned to O bid. Also attached is a copy of the Public Construction Bond. Please file accordingly.... DATE 7 / 12 / 9 5 SIGNED C 4 • �� `T 1 �-� a REPLY 1} y Cl/JGG4 FOLD FOR NO 9 FOLD FOR NO 10 DATE -- -'rL —� • SIGNED f 44 -902 •Triplicate WIIsonJOaes® SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES RECIPIENT RETAIN WHITE COPY, RETURN PINK COPY 44-904 •Quadruplicate • •