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R01-202
RESOLUTION NO. R 01- ~O~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF A BD (NO. 058-2413-01/CJD) TO BRADLEY HEATING AND AIR CONDITIONING, INC., FOP. MODIFICATIONS TO THREE (3) EXISTING HVAC SYSTEMS WlTHJN THE CITY HALL COMPLEX, IN THE AMOUNT OF $23,189; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement Services received and opened Bids for the above mentioned project o2 May 8, 2001, and it was determined that Bradl~ y Heating and Air Conditioning INC., was the most responsive bidder who met md exceeded all specifications; NOW~ THEREFORE, BE IT RESOLVED BY THE CIT~_ COMMISSION OF THE' CIT¥'OF BOYNTON BEACH, FLORIDA, THAT.AT' Section 1. The City Commission of the City of Boyntc i Beach, Florida, hereby approves the award of a bid for modifications to three (3) existi [g HVAC systems within the City Hall Complex in the mount of $23,189, to Bradle z Heating and Air Conditioning, Inc., and authorizing the Mayor and City Clerk to xeeute a Contract between the parties, a copy of which is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ! q day of June, 2001. kTTEST: mmissioner Commissioner CONTRACT THIS AGREEMENT, made and emered into this {q day of Jo.n~. _, A.D. 2001, by and be ,~,fen ,tt}e CITY OF BOYNTON BEACH, a municipal corporation of ~lorida, hereinafter called the City' and BRADLEY HEATING AND AIR CONDITIONING, INC. a Florida Corporation (_X~) a Florida General Parmership ( ) a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One 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, here'mafter ?s ,mSbed, and said Commission having canvassed said bids, had determ?ed that the bid in the total amount of Twenty-three thousand, one hundred and eight~ nme dollars and 00/100 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 condi OhS and covenants contained herein, the parties agree as follows: [.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the awar predicated upon the bid of the CONTRACTOR, dated May 8, 2001, which is h, weby incorporated by reference into this agreement, and the CONTRACTOR doe s agree to furnish the necessary labor, tools, equipment, materials and supplies, el :., and to perform all the work provided in the bid, contract documents, bond doc aments, plans and specifications for: Bid Title: MODIFICATIONS TO THREE 0) EXISTING HVAC SYSTEMS WITHIN THE CITY HALL COMI~LEX Bid Number: #058-2413-01/CJD City of Boymon Beach, Florida, all of which are inc,o~,rl~,omted herein by reference at such urfit prices/or lump sum prices as specified in CONTRACTOR S bid totaling $23,18~.00. c-1 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, a~nd other drawings and printed or written explanatory matter the;eof 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 bet in strict conformity with said plans and specifications, and CO]?,rrRACTOR accepts and cons:ems tp the conditions conta/ned~ in said plans and specifications and expressly~ agree~ to comply with eYery requirement and sfipuhtion Ilaerein contained to be. peffomaed by the party contracting to do said w0~k. 2.3 2.4 2.5 2.6 2.7 The CONTRACTOR further agrees to furnish all tools, equipment, mater/als and supplies and to do all the work above mentioned in a first-cla~s, substantial and workmanlike manner, and in conformity with the detail for saki work on file in the office of the City Engineer of the City and strictly in ac~ :ordance with the specifications, general stipulations and plans which are hereb f referred to and made apart of this con~ract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience ~ ith the directions which may be given by the City Manager or his authorized rep: esentative, at and for the prices herein plainly set forth. Upon receipt of written notification from the CITY, to correc~ any defective or faulty work or materials which may appear within one (1) year a ~er completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within tell (10) days of recoipt of the written notice. To comply with the provisions of Section 255.05, Florida Statutes, if applicable. To pay promptly, before final settlement, any and all claims oyliens incurred in and about this work. Furnish release of liens forms fi:om alt sttbconttactors and suppliers of materials. Forms to be supplied by CITY. The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and eqmpment fi:om streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR i~a c~mnection with the project promptly a~ such section or portion is completed and ready for use, leaving the same in a neat and presentable' condition. c-2 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 wittl the provisions of the charter, ordinances, codes and regulations of the City o~ Boynton Beach, Florida~ ' 2.9 Upon completion of the work, the City Engineer shall satisfy himself, by 2.10 examination and test, that the work has been fully completed the plans, specifications and contract documents. When the C. satisfied, he shall recommend acceptance thereof to the City M. if he agrees with such recommendation, present the final pay~r City Commission for review and vote to formally accept the pr general s,,up, ervis/~on of the CITY as hereinafter provided unde~ engineer shall not make the CONTRACTOR an agent or erupt but ~the CONTRACTOR, shall at all times, and in all respects liabilities of an independent contractor. After the cleaning up of the work, premises, streets, alleys, basins, or other areas of structure m anyway connected with tt the contract, the work as a whole shall be inspected by the City workmanship or material found not meeting the requirements ot shall be removed by or at the expense of the CONTRACT( satisfactory workmanship or material substituted therefor. All or damage upon any p_art of the work shall be remedied and CONTRACTOR. t accordance with ty Engineer is so mager, who shall, ent application m ~ject. The fight of "authority of the >yee of the CITY, ave the rights and manholes, catch e performance of ~ngineer, and any the specifications ~R and good and ettlement, defects aade good by the 2.11 The CONTRACTOR will be held responsible for the car~, 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 call~o 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 30 days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fall in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance foor any extension or extensions of time made in accordance with herein before set forth, the C-3 4.0 5.0 CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the mount stipulated therefore in the special corn itions or in other documents for each and every calendar day that the CONTRA 2TOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damage from any amount due, or that may become due the CONTRACTOR, or to colle such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable, after signature ff 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 an that architect may, within a reasonable time, object to as incompetent or as unfit. / LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $50.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to ProcOed" or failure to complete the work within 30 calendar days from the commen :ement date to be indicated in the written ''Notice to Proceed". PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protecti{ ~n and continuous use of all existing sewers, conduits, drains, pipes, buildings, wa ks, bridges, guard rails and other construction encountered, and the prompt repair/ag of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramun] tg, puddling and consolidating; the removal and disposal of all rubbish and surI ,lus 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 ~ fork mentioned ~n the detailed plans and specifications necessary to give a fn 1shed result, and including ail expense incurred in or in consequence of ~e suspension or discontinuance of the said work specified and a faithful complia nco with each and every one of the requirements of the contract and for the mainte: lance of the entire work and construction in good condition and repair until final ac eeptanco. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, war ,~r mmns, sewers, utilities, etc.~ both above and below ground, at or near the site o[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 therewi~. The CONTRACTOR shall give reasonable written nqtico in advance to the department of the CITY having charge of any property or t~tilities owned by the CITY and to other owner or owners of public or private p~operty or utilities when they shall be affected by the work to be performed under the contract, and c-4 shall make all necessary arrangements with such departmem, departmems, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONT ,R~CTOR, its agents, servants, or employees in the performance of services under this Agreement. 6.2 CONTRACT servants and actions, losse fees (inctudir fees) of what whole or in p or employees and the CITY hereby 3R shall indemnify and save harmless and defend ~mployees from against any kind and alt causes, 3,1 liabilities, settlements, judgments, damages, co g without limitation reasonable attorney's and aI ;oever kind or nature for damages to persons or t ~ by any act, omission, or default of the CITY, i arising from this contract or its performance. Th~ agree and covenant that the CO~ CITY, its agents, claims, demands, ;ts, expenses, and pellate attorney's roperty caused in s agents, servants CONTRACTOR qTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the ~rl~ to ]the CONTRACTOR, specific additional consider ~tiun sufficient to support tt~s 9btigation of indemrfification provided for in this t~aragraph. It is the CITY'S anc~ i~)NTRACTOR'S full intention that this provision shall be enforceable an~t said provis'mn shall be in compliance with Elorida Statute 725.06. 6.3 6.4 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTIOR to comply with the foregoing indenmification ~rovision, as well as the insufimce provisions which are set forth in Attachment "_A" herein. However, the indemnification provision, and the insurance pro,4ision contained in this Contract are not interdependent of each other, each one is separate and distinct from ~e other. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offseL limitation or defense as a result of any insurance proceeds available to either the CITY or the CONT1La, CTOR, 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. c-5 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order exr[a work or make changes by altering, adding to or deducting from the work, ~he 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 Ail change orders and adjusmaents 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 subcontractom commence with the work without making a claim in writing for unforeseen 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 r~ future claim for extras will be considered or allowed by the CITY. 8.3.3 8.3.4 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. Changes in the work directed in writing by the CIT'~ under the following procedures shall become a part of written Change Order. 8.3.5 Information regarding changes in the work involving c S Representative the Contract by a aims to the CITY for additional work, credits, and/or adjustments under the contract shall be pr~mp, tly 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. C-6 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 shoulc~ be negotiated; or 8.4.2 8.4.3 If no such unit prices are set forth, then by a lump: prices mutually agreed up~)n by the CITY and the CON' By cost reimbursement, which is the actual cost overhead, materials, supplies, equipment and other set complete the work plus fitleen (15) percent to cover ~ overhead and profit. For all labor and foreman in dB authorized operations, the CONTRACTOR shall reeeiv rate of wages to he agreed upon in writing before starti each hour said labor and foreman are actually engaged limit of total cost and of profit shall be agreed upon exceeded unless approved by the CITY. am or other unil 'RACTOR; or for labor, direct ,ices necessary to te cost of general ect charge of the ,~ the current local ag such work, for hereon. An upper and shall not be 8.4.3.1 The CONTRACTOR shall submit sufficient co~, t and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and mounts pr ~osed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounti: accounts for such costs in accordance with accounting principles. This system shall identification, accumulation and segregation unallowable Change Order costs. system which enerally accepted provide for the )f allowable and 8.4.3.3 Where it is indicated that the, Contract is F~derally or State assisted, the CONTRACTOR S attention is directed to the applicable rules and regulations relative to cos~ principles which must be used for the determination and allowability of costs under 8.4.3.4 In no case shall fi-inge benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C-7 9.0 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, di~eci ~verhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered a~ general overhead ar~ bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3,6 In no case shall the CONTRACTOR'S cost for administering subcontracts eXeced five of the su ~5) percent >contractors' cost not including subcontractors' profit. 8.4.3.7For special equipment and machinery such as power driven pumps, concrete nnxers, tracks, and tractors, o~ other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment ba: ed 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 Guid, Book Company in the Blue Book, 'Rental Rates for Constm{ tion Equipment". Rate shall be daily, weekly or monthly as approt riate. 8.4.3.8 Records of extra work done shall be reviewed tt the end of each day by the CONTRACTOR and the Engineer. ,uch daily records shall clearly distinguish between the work done ~mder the contract and that done under the Change Order. Dupliqate copies of the accepted daily records shall be made, _signed by the CONTRACTOR anti,the Engineer and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the COI~TRACTOR upon certified statement supported by i:eceipted bills. Such sta,~.ements 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 that same was ordered, in .writing, as aforesaid and the claim presented at the time of the first est/mate after the work is completed. PROJECT ENGINEER 9.1 The project engineer shall be STEPHEN BORUFF. C-8 9.2 The Engineer shall have general supervision and direction Of the work. The Engineer is the agent of the CITY only to the extent provid,~d in the contract documents and when in special instances he has the authority b3 CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure' the proper execution of the contract. 10.0 9.3 INSURANCE 10.I 10.2 10.3 As the Engineer is, m the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neith~ ~r with CITY nor with .CONTRACTOR, but shall use his power under the cone act to enforce its faithful performance by both. The CONTRACTOR shall maintain during the term of this cc ~tract commercial liabil/ty, motor vehicle, and property damage insurance, acce ~ble to the CITY, covering the work contracted and all operations conneet~ herewith, and whenever any of the work in the contract is to be sublet, ~ONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the instr ance requirement schedule attached as Attachment "A". Required insurance shall be documented m a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nourenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 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 with 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 requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or r>ther construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and them only in case of emergency. 11.0 GUARANTEE AND WARRANTIES 11.1 All the work shall be guaranteed to rem~(m in good condition for one year from date of acceptance. C-9 12.0 TERMINATION OF CONTRACT 12.1 If the work to be performed under the contract is assigned by th.~ 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; ifa recmver 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 conuact,~ plans or specificati~ executing the same in bad faith or otherwise not in accordance the contract; ~f ~ work be not fully completed within the t completion or within the time tO Which such completion date m if0ther just causeseXist, the citY..Managermay serve ten(10) d upon the CONTRACTOK of the intent to/e~te the c(~ntrac iftheiCONTRACTOR shall n, ot~ prior to the effective date of tea in such notice, ~ such measu~s as will, in the judgment of' ensure the the~ City 1 ms, or that he is with the terms of ~ae named for its g.b,e extended} or ~s' written notice [~or the CITY and ninati0n.set forth he City Manager, and the the and ,the vwork and cease to have, ~any i t his contract. 12.1. I Complete the contract in aeeordarfce with its terms and~onditions, or 12.1.2 Obtain ~ bid or bids for: completing the contract in aqcordance with its terms ani:l conditions, and upon determination by Surer3{ and the CITY of the ; available though there should he contract or contracts , sufficient funds contract price; but not e which the paragraph hereo£ The~ para~rap(,h, shall t(~tal amount ~O~CT©R under ~e ~,aet and anyan amount properly paid by CItY:to CONTRACTOR. progresses (even the .~ of the and damages for : forth in the first as used in this ,~ by CITY to less the c- 10 13.0 CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and ail documents executed between the parties relative to the project. In the event of any mconmstencles, the terms, prows~ons and con&t~ons set forth m the subject contract shall supersede all ether documents and shall be controlling. 14.0 TIME OF ESSENCE 15.0 14.1 REMEDY FOR DELAY 15.1 15.2 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the Other contract documents relating to the times of 3erformance and completion of the work are for the purpose of enabling the CIT ~ to complete the construction of a public improvement in accordance with a predeterm'med program, all such time limits are of the essence of the contract. In the event of any delay in the project caused by any act omission of the CITY, its agents or employees, by the act or omission of any ott~er party, or delay caused by weather conditions or unavailability Of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claim~ d or awarded m CONTRACTOR in association with any delay in the project cz used by an act or omission of the CITY, its agents or employees. Failure on the part of CONTRACTOR to timely process request for an extension of time to complete the work shall constitu a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by tiffs contract. 15.3 15.4 All requests for extension of time to complete the work shall be made in accordance with the General and Special Conditions. 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 engineem. C-Il 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 presence the day and year herein before written. CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH, FLORIDA Signed, sealed and witnessed in the presence of-= Attest: % X1920/ . . ~ ~ ..... S~ed, se~ed ~d ~essed'¢/z LOR~ON xX~ City A~ ~mey Contractor President or the Vice President Attest as to Contractor C- 12 State of Florida ) SS.' County of Pahn Beach Personally appeared before me duly authorized to administer oaths to me known to be th~ persons described herein and who executed the foregomg instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 11/15/96 nc C-13