R94-42RESOLUTION NO. R94-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AWARDING THE BID FOR
COATING, SEALING AND CAULKING OF EXTERIOR BUILDINGS
AT THE CITY HALL COMPLEX TO WESTERN WATERPROOFING
COMPANY OF AMERICA IN THE AMOUNT OF $95,725.00;
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE A CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND WESTERN WATERPROOFING COMPANY OF AMERICA,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, bids were opened for the coating, sealing and
caulking of exterior buildings at the City Hall Complex on February
8, 1994; and
WHEREAS, the City Commission of the City of Boynton Beach,
upon recommendation of staff, has deemed it to be in the best
interests of the citizens and residents of the City to award the
bid to WESTERN WATERPROOFING COMPANY OF AMERICA 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 awards the bid to WESTERN WATERPROOFING
COMPANY OF AMERICA, as the most responsive and responsible bidder
meeting specs, and authorizes and directs the Mayor and City Clerk
to execute a Contract between the City of Boynton Beach and WESTERN
WATERPROOFING COMPANY OF AMERICA, which Contract is attached hereto
as Exhibit "A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this / day of March, 1994.
ATTEST:
Ci~.Clerk
CITY OF BOYN~TON BEACH, ~FLORIDA
C~mmi s s ione~/~
(Corporate Seal)
CityHall.Rep
2/25/94
Project ~
CONTRACT
THIS AGREEMENT, made and entered into this day of
, A.D. 19 , by and between the CITer OF BOYI~TON
BEACH· a municipal corporation of Florida· hereinafter call the
"CITYand WESTERN WATERPROOFING COMPANY OF AMERICA, INC.
Florida Corporation ( )
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
Check one
hereinafter called "CONTRACTOR".
WI~ESSETH
That under the due procedure of law, bids were heretofore
received by the City Commission of said Cia"f for the performance of
work ~and supplying n~aterials, hereinafter described, and said
Conu~ission .having canvassed said bids, has.determined that the bid
i n t h e t o t a 1 a m o u n t o f
NINETY-FIVE THOUSAND,SEVEN HUNDRED T%rENTY-FIVE DOLLARS
submitted by the aforennenti~ned CONTP~CTOR was the best and most
desirable bid submitted, and has authorized the execution of this
contract.
NOW, THEREFORE, in consideratio~ of these
mut~I c~nditions and covenants contain.ed herein,
as follows:
premises and the
the parties agree
1.0 AGRRm~NT
1.1 The CITY does award the contract to and does hire
and employ the CON~CT~R and the CO~VfRACTOR does accept the award,
predicatedupon the bid of the CONTRACTOR, dated FEBRUARY 8, 1994
which is hereby incorporated by reference into this agree/uent, an~
the CONTRAC~R 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 docu~nents, plans
a n d s p e c i f i c a t i o n s f o r
WATERPROOF, COATING/CAULKING OF CITY HALL COMPLEX BID NO.#017-192-94/V
City of Boynton Beach, Florida, all of which are incorporated
herein by ref:erence at such unit prices/or lump sum prices as
specified in CON~ACTPR'S bid totalling $ 95,725.00
21
BOYNTON BEACH
AT THE CITY
COMPANY
THE CITY~COMMIS$
00;
RK
WHEREAS,
caulking of
8, 1994; and
bid to
the
of the
sealing and
February
of Boynton Beach,
in the best
award the
as the most
CITY
Beach,
to
as Exhibit "A"./.
Sectio~2./~
upon~passage~' /
THE ~CITY COMMISSION OF THE
of Boynton
3ible bidder
City Clerk
WESTIN
wh] her,
This Resolution shall take effect immediately
day
CITY OF BOY~N~ON
FLORIDA
Mayor
ATTEST:
Vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
City Clerk
(Corporate Seal)
CityHall.Rep
2/25/94
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees to furnish all materials,
supplies, machines, equipment, tools, superintendents, labor,
ins~ ssories and services necessary ~o complete
accordance with the conditions and pricesas stated
;ns, 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, con=rac=
documents and specifications for the pro3ect.
2.2 Ail the work and labor performed under this contract
shall be performed, and ail of the mate~i&I furnished shall be, in
strict s, and
in said
pl
performed by
to dOsaid
met
in
agrees
liesi~and
satis and
to furnish all tools,
.work above
manner, and
~office
with
are hereby
as to the
the City Engineer of the
which may be
at
,~set forth.
rece~
notification from the CITY, to
or which.may appear
:ion of of
make ~he necessary corrections
of the Written notice.
2.5 To ~ompty with the provisions of Section 215.19, Florida
Statut~s, i~ '~DD~i~able.
2.6 To pay promptly, before final settlement, any and all
claims or liens incurred in and about this w~rk. Furnish release
of liens forms from all subcontractors and s~Ppiiers of materials.
Forms to be specified by CITY.
22
2.7 The CONT~RACTOR 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 ~0ntractor lin c~nneCtion the
as such section 'or portion is comp
the
the~
shall
if
2.8 1 at ail
with
of~-~
shall
and
he
shall,
2TY as
not
the
rights
a
res in
as
any
of the
f the
n any
care,
pro~ec~ and
acceptance own
cost inj~
3.1 Contractor hereby agrees ~to comm~nc~ work. under this
contract on or b~fore a date to be specified in the w~ztten "Notice
to Proceed" of the CITY and to fully complete the project within
. 90 days following the commencement date as specified~in same.
23
3.2 Time is the iesse~ce~of~t.~.¢on~ract. In the event the
CONTRACTOR shall fail in the performance of the work specified and
required to be performed within the time limit seu 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
calendar day that the CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages
~rom an~ amount due, or that may become due. the C~NTRACTOR, or to
Collect Such liquidated damages from the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable, after signature
of contracu, notify City Engineer in writing of names of
subcontractors proposed for principal parts of work, and for such
others as City E~gineer may direct, and shall not employ any that
arc~ec~ma~y, within a reasonable time, object to as lncompe~en~
or ~s unfit.~ ·
4.~ ~t~J~DATED DAMAGES
4.1 The CONTRACTOR further agrees ~o pay $ 50.00 per
day as liquidated damages, for failure to begin within ten (10)
days and failure =o complete the work within 90 calendar days
from the ~e 0f'"Notice to Proceed".
5.0 PROTECTION OF ~XISTIN~ FACILITIES
5.1 .~he CONTRACTOR warrants that prices include the protection
and conti~Uous use of all existing sewers, conduits, drains, pipes,
b~ild~hgs',"iwaik~,.bridges, and other construction encountered, and
of any damage done to them during the progress
of . or from insufficient support thereafter; also, all
ramming, puddling and consolidating;
t~e; and disposal of all rubbish and surplus! material; also
all bailing, draining, or unwatering of~a~l~ excavations,
execution of the work; also the furnishing of all
' ~abor~ tools, equipment, materials and supplies, etc. and
of the whole work mentioned in the detailed plans
and necessary ~o give a finished result, and
inc all expense incurred ~n or in consequence of the
discontinuance of the said work specified and a
with each and every one of the requirements of
the the maintenance of the entire work and
tn good condition and repair until final accepuance.
24
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 ~ :ted
and
when
a~dto
si
agents, servants
claira, d~emand, or cause of
~rising out of error, omi
servants,
of ~uis Agreement.
all
(inc
shall
?. of th~s Agreemer
. Ko compiy with the
~as the~insu~ance
__ ~herein~ HoWever, the J
e provison contained in
each other, each one is
in=e~
from the Other.
this
and
and
and
of
and
ties,
fees
to
act,
or
The
teh
.tutes
of
be
shall
forth
are not
~tinct
25
6.4 The obligation ~k~the-c6~trctor to indemnify the City is
not subject to any offse~r limitation or defense as a result of any
insurance proceeds available to either the City or the Contrac=or.
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 inthe specifications.
8.0
CHANGES IN -r~u~WORK
8.1 The CITY, without invalidating the Contract, may order
extra Work of make changes byattering, adding to or deducting from
the work,~'t~e~COntract sum being adjusted accordingly. Ail such
be~:executed under the conditions of the original
~or extension of time caused thereby shall be
made, in writing, at the time such change is ordered.
8.2 Ail change orders and adjustments shall be in writing and
approved by ~he 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 mr, and familiar with, the following conditions and
procedures ge=erning 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 Bo!rnton Beach, if
necessary, which authorization will be signed
by the Mayor.
26
8.;4
8.3.4
8.3.5
pr~¢~ur
8.4.1
8.4.2
8.4.3
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.
Information regardi
Contract shall
writing by
:ing a
be
with
-~fu
in the work
additional
the
in
CITY's
and
~ion in
the Contract.
for
or
S%
~e
rate of
unit
if any, as are
cases
fifteen
:ity and
! :item is
the
~ $~ould be
are set forth, then by a
unit prices mutually agreed
the Contractor; or,
which is the actual cost
overhead, materials,
and other services
the wo=k plus fifteen ....
:over the cost of general
For all labor and foreman
of the autho=iZed operations,
receive th~ current local
to be agreed upon in writing
such work, for each hour said
are actually engaged thereon.
total cost and of profit
upon and shall not be exceeded
the CITY.
27
8.4.3.1
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
8.4.3.6
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.
The Contractor shall have an accounting
sysuem which accounts for such costs zn
accordance with generally accepted
accounting principles. This system shall
provide for the identification,
accumulation and segregation of allowable
and unallowable Change Order costs.
Where it is indicated that the Contract is
federally or State assisted, the
Contractor's attention is directed to the
applicable rules and regulations relative
to cost principles which must be used for
the determination and allowability of
costs under grant.
In no case shall fringe benefit costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
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
3ob burdens, supervision and general
office expenses.
In no case shall the Contractor's cost for
ad~ministeringsubcontracts exceed five (5)
percen= of the subcontractors'cost not
including subcontractors' profit.
28
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~C~ontractor shall
based on zhe agreed rental
p each item of equipment and the
~its use on the work
rental' shall no~
excee~.~the current
B0ok~ !'Rental Rates for Con:
Eq~z~e~t~ Rate shall be daily,
~d~m~t/%t~as appropriate.
weekly
8.4.3.8
work done shall be
each day by the
· . Such daily
between
act and that
Order. Duplicate
records shall be
Contractor and the
re~ained by each.
8.5 Claim of payment f¢
Contractor
bills. Such
Contract payment for
claim for e
ordered, in writing,
the time of the firs
9.1
9.2
work shall be submitted by the
~ s~pported by receipted
be submitted for the current
in which the work was done. No
allowed unless the same was
said and the claim presented at
after the work is completed.
9.0 PROJECT ENGINRRR ~ · ~, ·
The project engineer shall be Facilities Mgr.
The Engineer general supervision and direction
of the work. of CITY only to the extent
provided in documents and when in special
instances by CITY to act, and in such
instances he ~.irequest, show CONTEACTOR written
9.3
Supervisor
authority, to stop the work whenever
such stoppage m~¥ be necessary to insure the proper
execution of the ~ontract.
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.
29
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
protectiveliabiiityand 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
which provides that the CITY-of Boynton Beach shall be
~least fifteen (15) days in advance-~of cancellation,
or adverse change. Contractor agrees- to furnish
poti~ies' if Certificate of Insuranceis not acceptable.
10.~ The CONTRACTOR shall take all necessary precautions to
prevent the generation of loud, unnecessary-Roise in con]unction
with his operations at the work site. Internal combustion engines
use c~st~u~on equipment shall be~equipped with mufflers, as
'- the Code of the City of Boy,ton Beach, and the
comply with all other requirements ofthis Code as
on of noise. No pile driver, excavating or
pneumatic hammer, derrick, the use of
loud or unusual noise, shall be operated
of 6:00p.m. and 7:00 a.m., except by written
Manager, and then only.in case. of emergency.
11.G ~GUARA~'£~u~ AND WARRANTIES
'~11,I'~1~ the work ishall be guaranteed to remain in good
condition fdr~o~e year from date of aoceptance.
12.0 T~Z~INATION OF CO~TKACT
12.1 If the work to be performed under the contract is assigned
by the ~ONTRACTOR other than provided for herein; if the CONTRACTOR
shou~ld be adjudged as bankrupt; if a general assignmen= of his
asse~s 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 C~4TRACTOR is willfully
viola=iRg any of the conditions, provisions, or covenants of the
contract,~ plansOr specifications, or that he is executing the same
in bad f~i~h ~r otherwise not in accordance with the terms of the
contract; if the work be not fully completed within the time named
for ~ts Completion or within the time to which such completion date
may be extended;
30
or if other just causes exist, ~hen the City Manager may serve ~en
(10) days' written notice upon the CONTRACTOR of the intent to
terminate the contract for ~he CITY and if the contractor shall
not, prior to the effective date of termination set forth in such
no~ce, t~ke~such, measures as the City
the Cit¥
On ~.~the effective.
· date
the
or
the
not
in a~¢~ordanceiwith~its terms and
~n
surety may b~
the
13.0 CO~'~-~ACT
13.1 Th~ subject co~trac~~between
r~lative In the
terms; provisions
I4.0 TIME OF ESSENCE
I}4.~ Inasmuch as~the provisions here~f~
and of
CITY
program, all such tLme limits are of the
make
~fault
or
~ to pay
but
the
irst
.ce", as
by CITY
less
CONTRACTOR,s_
parties
:les the
contract
~ing.
~plans and
uments
work are
.ion
termined
~ontract.
31
15.0
~Y FOR DE~AY
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
respons.ible for completing the work within the time allocated by
th±sCentract.
15.3 Ail 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.
32
In WITNESS %N~N~EOF, the CITY has
signed by its Mayor and
with the Corporate Seal
executed these presents
in :
caused these presents uo be
City Manager, attested by the City Clerk
of the said CITY and the CONTRACTOR has
the day and year herein before written.
City-Manager
Attest:
City Clerk
~ayor
Approved as,~o Form.
CityAttorney
Signed, sealed and witnessed
in the presence of:
COR-£KACTOR
President or Vice President
Attest as to Contrac=or
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:
33
these presentS to be
the cITY has caused ~ed bY the city cl~r~
with the ~o p -~ the day and year ~= ....
executed these presen~- cITY oF BOYNTON BEACh, FLORIDA
signed, sealed and witnessed
in the presence of: /
Attest:
signed, sealed and witnessed
in the presence of:
County of palm Beach )
personally appeared before me duly authorized to administer oaths __
~-~~~er~scr ibed herein
to m= ~..own and they have
foregoing instrument and have acknowledged before me
33