R01-225RESOLUTION NO. R 01- ~t~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORDA, APPROVING
THE AWARD OF A BID (NO. 070-2511-01/KR) TO
PREVENTIVE MAINTENANCE SUPPORT SERVICES,
FOR ROOF REPAIRS TO EAST WING OF CITY HALL
COMPLEX, IN THE AMOUNT OF $20,300;
AUTHORIZING THE MAYOR TO EXECUTE SAID
CONTRACT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Procurement Sermces received and opened Bids for the above
mentioned project on June 26, 2001, and it was determined that Preventive Maintenance
Support Services was the most responsive bidder who met and exceeded all
specifications;
NOW, THEREFORE, BE IT RESOLVED BY THvE' CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT.
Section 1. The City Commission of the City of Boyuton Beach, Florida,
hereby approves the award of a bid for roof repmrs to the East Wing of City Hall
Complex in the amount of $20,300, to Preventive Maintenance Support Services and
authorizes the Mayor to execute 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 -7 day of August, 2001
ATTEST:
missl~oner
/Commissioner
G~ 30
CONTRACT
THIS AGREEMENT, made and entered imo this 7 day of /qtx~t~r' , A.D.
20 , by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the ':City" and Preventive Maintenance Support Services.
a Florida Corporation (~/_)
a Florida General Partnership ( , )
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 Ci~ for the performance of work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, had determined that the bid in the total amount of
Twenty thousand, ~three hundred dollars and no cents, submitted by the aforementioned
CONTRACTOR was the best .and most desirable bid-submitted, and has authorized the execution
of this contract.
NOW, 7~-IEREFOI~, in consideration of these premises and the mutual conditions and
coxrenam~-eontained herein, file parties agree as follows:
1.0 A~GREEMENT
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 June 11. 2001, which ts hereby
incorporated by reference into this agreement, and the CONTRACTOR does
agree ~o 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:
Bid Title:
Bid Num6er:
ROOF REPAIRS TO EAST WING
HALL COMPLEX
070-2511-01/KR
AT CITY
City of Boynton Beach, Florida, all of which are incorporated herein by reference
at such unit prices/or lump sum puces as specified in CONTRACTOR'S bid
totaling $ 20,300.00.
C-1
2.0
SCOPE OF SERVICES
2.1
CONTRACTOR further agrees to furnish all materials, supplies, machines,
equipment; tools, Superintendents~, labor~ insuran~e/~ and other, acdes~.ri~s- and
se~ie~neces~ary to':campl~t~sai~ P~Jecf,~,acc0r~/~ri~e :~th:the conditions and
prices as,:~smedl in~:the: mnmct eond/~/~ons?~uppleificq~tal, ;§ene2al' conditions, and,
special Conditions of the contract, planl which include all maps, plats, blueprints,
and other drawing~ and printed(or xYritten exP!an~.~,tory m,a~ er thereof as C0ntained~:
in the bid, contract docments md speeifications,for~ ~e~oje~t,,; ~ : _
2.2
2.3
party
for ~he
2.4
2.5
2.6
Upon receipt of writtgn~ notification from the CITy, to correct.any defective or
fa-ulty v~or/or m~,te~ ~a~ appear Within! 9n~e ( 1 ) year~k~er:~mpletion of
the~¢ontrae~:aU~; ~i~:,fiia~!payment: CQ ~Nr~'RA'CTOR?sh~ m~e the
n~C~sai~!~Wre~tio :~ (lg)~days ofre~ipt 0fthe,~wr~tt~ notice.
To compLy:~ltflth~ o~ Seetwn 255.05; F3onda stamtes~ .//,app!lcable.
To incurred in
,subconuractors and
r CITY, J
2.7
Tho
condition.
clean aP alt rubbish, debris, excess
streetS, alleys, parkways
by the
~:such section or
same~ a neat~and presentable
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 with the provisions of
the charter, ordinances, codes and regulations of the City of Boynton Beach,
Florida.
2.9
Upon completion of the work, [he City Engineer shall satisfy himself, by
examination and test, that the woi:k has been fully completed in accordance with
the plans, specifications and cnn~act documents. When the C
satisfied, he shall recommend acceptance thereof tO the Ci/y M
if he agrees with such recommendation, present the final payn
CityComrnissinn for review,and vgte to formally accept th~ p~
general supe~4sion of the ~CITY as hereinafter provide,d Und~
engig~ eer" shallinot:make the.CONTRACTOR an'agent 6r empl
bm`the CONTRACTOR, shall at ali times, and in all respects
liabilities of an independent Contractor.
ty Engineer is so
mager, who shall,
ent application to
)jeet. The right of
"authority of the
)yee of the CITY,
ave the rights and
2.10
After the cleaning up of the work, premises, streets, alleys~ manholes, catch
bas/ns, or other areas of structure in anyway connected with the performance of
the contract, 'the V¢ork as a Whole shall be inspected by the City Engineer, and any
workmanship.or rnatenal found riot meeting the reqmrements of the spemficaUons
shall be removed by or ~at the expense of the CONTRACTOR and good and
satisfactory workmanslfip 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 m comauence 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 projecx wilhin 60 days following the commencement date as
specified in same.
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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 extenmon or
extensions of time made in accordance with herein before set forth, the
~ CON~CTOR~ shalt:~be ~ab~te, ,~/the~!C~:~.liquidated da~g~. ~ and not as
~P~enalty, i~ the,mount .stipulated ~¢refore,in the -hastmcti°n ~ta::B{c~der, paragraph
24, or in other doeUmenis for' each and every calendar~ ~ay that the
CONTRACTOR shall bein default of completion.
not employ
or as
4.0 LIQUID~TEI)_DAM~. GES
4.1 ~t~e CONTRACTOR further agrees to pa)' $250.00 per da3( as liquidate~t
dalfn,ages; for ~failure to begin within ten .(10~ days, of '~otice to .Proceed" or
fait~e to complete the work wittfin ,60_calendar days from ~the~ommencement
dat,~to be indicated in the written 'fNotiee to Proceed".
5.0 PROTECTION OF EXISTING FACILITIES
5.1
The CONTRACTOR warrants that prices include the protection and continuous
use of all exilsfing sewers, conduits, drains, p~pes, buildings, walks, bridges, guard
rails_ and!iother consmmtion encountered,, and the prompt repairing ~£ any damage
done to them during the progress of the work, or from insufficient support
thereafter; also all the filling, backfilling, ramping, ramming, puddlin~ and
consoiidatmg; the removal and disPosal~of all mbbigh and surplus material also
ali pumping bailing draining or unwatering of all excavations, incidental to the
execution of.th~ :woxk; alsoal~ ~!the ~shing of all necessary labor~ tools, equipment,
ma!eri~t~ a~} ~anpplies, ~fc. a~d the .~erf°rmance of the wh~le work mentioned in
the.; detMle~d ::~ ,and sPec~ifications necessary to ,give a finished result, and
including all expense incuVr~ ed in or in consequence of-the~ suspension or
discontiuuancq of the~said work specified and a faithful compliance with each and
every 6n~ ofi~e requirement,s of the contract and for the maintenance of the entire
work and c~cti0n in gOod condition and repair until fmal acceptance.
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6.0
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 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 raatenals 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 t~y shall be affected by the work to be performed unOe~ the contract, and
.Shall make all'necessary arrangements with sueh~ dePartment, departments, owner
or owners for the removal, and replacement or ~p$oteeti°n of such-property or
utihties.
INDEMNIFICATION
6.1
The:CONTRACTOR shall indemnify and save harmless and d~ef~end 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, omissiOln or negligent act
of CONTRACTOR, its agents, servants, or employees in-the performance of
services under this Agreement.
6.2
CONTRACTOR shall indemrfify and save harmless and defend CITY, its agents,
servants and employees from against any kind. and all causes, claims, demands,
a~tions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation re_asonable att0mey's anc[ appellate attorney's
fees) of whatsoever kind or nature for damages to persons or property caused in
whole or in part by any:act, omission, or ~default of the CITY, its agents, servants
or employees arising from this contract or its performance. The CONTRACTOR
and ~he CITy hereby agree and covenant that the COI~TRACTOR has
incorPorated in this original bid, which constitutes the contrac[ sum payable by
the CITY to the;CONTRACTOR, specific additional consideration sufficient to
support this obligation of indemnification provided for in this pp.ragraph. It is the
CITy'S and CONTRACTOR'S .full intentigr~. that this pf~vision shall be
enforceable and said provision shall be in compliance with Florida Statute 725.06.
6.3
The execmion of tiffs Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply w~th the foregoing mdemmficalaon prowston, as well
as the insurance provisions which are set fomh in Attachment "A" herein.
However, the indemnification provision, and the insurance prox4sion contained in
this Contract are not interdependent of each o~her, 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 may insurance proceeds available to
either the CITY or the CONTRACTOR.
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7.0 PAYMENT BY CITY
7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance
of,~ the~ cont~aet;.:~,sabjeet;'~;to ,additions,,:: a~ ':~e'duetions 'hS p~ovided in the
~ ..........
· ~eCi~Y, witho~a~imValldating ~ Can~ract ,may order ,~lra:,~work or make
~hagges,:by altefitig, ~a~gto or;~deductmg from the cwofiq the~Contract sum
:~:..~!ie~ ~a~a~ ~3~l~s~!t ~*r~.~l~{he exe~uted-,~.~, .t~ conditions
of the mgrnal. C(~n~azt. Any clmm for~extemion of me ca.use-//L'th~rdhy shall be
made in ~tiug at,the timesuch change is ord~ed.
8.2 All c,hange orders and adjustments shall be in Wrriting and approved by the City
Manager og CiBr Gommissi6n 4f:feq¢~ 6th~ise, no Claim :]~o~-~xtras (rill be
allowed. ·
8.3 ;The C/eneral Con, actor and all- of hi:s. subeontraeto~:s .sh~!~ be- apprised of, and
familiar with, the followihg conditions and procedures ~gov~g extra work
under the. Contract:
8.0
8~3.1 Any 'change order has to b~,,reeommended by the City Manager and
: · O~ial~y,/ippto~ed by the City Commission before any stePs are taken to
· implement the change order. ·
8.3.2 Shotdd,:the CONTp,~. CTOR or 'any of his subcontractors commence with
L~ iv~otk :Mthout :~aldng. a,claim in writing for urfforeseen extra work he
efic0ur/tff~,! it wi!! b6 corlstrued aS:an'acceptance and agreement by him
tl~at.any, Such:~vor~i~ required mad, er the contract and n0 future claim for
e~ta~as wfl~ be considered or allowed by the CITY. .
8;3.3 No eta'ma ~for extra work:.wfll, ~be allowed-unless and unUl authority for
~s~e;by written Change O~er has been obtmned from, the C~ty Manager
o~ the Cj~ Commission: of Boynton Beach, if necessary, which
a{a~b~fi~.will be sign~d:'by the:Mayor. - .
8.3.4 char/ges m ,the work, directed, m wnCmg by the CITY S Representatave
'ufidevthe foll0wmg procedures shall become a part of the Contract by a
written Ch~ge. Order:
8.3.5
f,Indormation regarding changes in the work involving claims to the CITY
additional work, er~dits~ and/Or adjustments under the contract shall be
promptly t~anmaitted 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 sigrdficgnt 'm the, opinion of the F~ngineer, the unit price shall be
subject to review to determine ifa ne~w 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 reambu!sement,:which,isthe actual cost for laboi', direct overhead,
materials, ~uppiies, ~q -uipme~t~and other services necessary to complete
t!~e :work plus/ifte~ ~!5) peroent to cover ~e cost of general overhead
and profit. For al~ i~b~im~d foreman in (fire'et charge of the authorized
operations, the ~ coNTRACTOR shall receive the cun'ent local rate of
wages to be ~gre~d upo~ ~ writing before starting such work, for each
our.smd lab0r~an~:fore~a? a~e .actually:engaged thereon. An upper lma~t
of total cost and of Profil shall be agreed upon and shall not be exceeded
unless approved by .the CITY.
8.4.3. t The CON ..TRA ~C~.Og: shall submit sufficient cost and pricing data
tO enable the Eiagineer to determine th~ necessity and
masonahlg~ss~ ~f~ccsts gnd amo~mts proposed and the allowability
and eligibilitY of, costs proposed
8.4.3.2 The CONTRACTOR shall have an accountirig system which
accountS, fo~ such costs in accordance with gtenerally accepted
a¢countii~g~ prigciples.: 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 th,e Contract is F~deratly or State
assisted, the CON?RACTOR S attention is~directed to the
applicable rules anti regulations relative to costprinciples 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.
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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,
mat~als, supplibS~ equipmen~:~,and diredfly related services
supplied by him. Among the item? considered,as g~eral Overhead
-" are ,bonds~ insurance; ~ineident~, ~job ~burddas, sh~ervision and
general Offiee,eXPens~s~ ~ :-
r administering
pumps,
required
work, the
in the
~hall
9.0
8.4.3.8 Recov
day b:
CON:
~hal~lSe -~e~bd at the end of each
Engineer Such dmly records
~e~55~e'i~ogk-c16ne ~der the con~act
g~r, D~plicate copies of ~e
~e~d{;o~ c6py ret~ned by each.
8.5
Claim of payment for ~xtra:wO~'t~li:~Ve'~Ebm[tted by the CONTRACTOR upon
cemfied statement sfipporte~ i~ ~:m~d B~tls. Such statements shall be
submitted for the cunr~ cOn.tr~ ~4~-~ month ~n which the work was
done No claim for dxt~a w~rl~::~!~ d{:unteSs thg, t ~e was ordered, in
writing, as aforesaid a~d~the ~ time oi~the first estimate after
the work is completed.
PROJECT ENGINEER
9.1 The project engineer, shall be Richard, Fieee~ Facilities Management Sut~ervisor.
9.2
The Engineer shall have general supervision and direction of the work. The
Engineer is -the agerit of the, C~TY, onty"~o-the :e~tent provided in the contract
documents and when, in speCial instance* he has ~ea'uthority by CITY to act, and
in such instances he shall, upon request, show CONTRACTOR written authority.
He has authori .ty to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract.
9.3
As the Engineer is, ill the 2~t'st 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 corr~act 'to enforce its
faithful performance by both.
10.0 INSURANCE
10.1
10.2
10.3
The CONTRACTOR shall maintain during the term of this contract commercial
liability, motor velfi;'~le, and ~roperty ~age insurance, accept~tble to the CITY,
covering the .work eontrac~'f~d~and hll operations connect{d 'herewith, ~a~,~d
whenever anYof the ~ork~ha ,the contract is to be .sublet, GONTRACTOR S
contingen~t or protective liability'and property damage insurance: Such insurance
shalI)Pr°gide limits hot less t~an thee s~t forth o~t the insm ante requirement
schedule~attached as Attachment "A".
~p~ 0eq~red insuiance ;shall. ~e documented in a certificate of
~S:that, the-cITY 0f Boynt0n Beach shall be fiotified 'a
~aYS in advanc~ 6f cancellafi~o~, 'n~er;ewal or adverse change:
~ ~isl~pOl}icie's if Certificate ot¢~ustmance is not accePiabl~.
~ necessary precautior
conjunction With t
insurance which
least fifteen (15)
Contractor agrees
to prevent the
operations at the
ILO
pertm to prevention ,of noise. Nopfle
equiimaent, Pneum~/tid l~er; ~t~n-ick,
unnsua}, n;oise, shall be operated betwe,en the hours (
e~xcetX ;-by written pension of the C~ty Manager,
emei.g~/& ·
as they
by loud or
and 7:00 A.M.,
only m case of
11.1 ' ~ ~
ARt ~c¢~ork shall be gun'teed to remain in good cOndition for one year from
da~e'~ceptance.
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12.0
TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned by the CONTRACTOR
creditor_s; if a receiver should be
property;
O1'
of his
he is
its
or
though
~ongract or
alTlount
with its
(even
the
; of the
first
in this
tO
less the
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13.0 CONTRACT CONTROLS
13.1 The subject contract between the CITY and the CONTRACTQR shall supersede
any and all documents executed between the parties relative t.o the project. In the
event of any inconsistencies, the terms, provisions and conditic~ns set forth in the
subject contract shall supersede ail other documents and shall be controlling.
14.0 TIME OF ESSENCE
14.1
Inasmuch as the provisions hereof, and of the plans and specifiqafions herein, and
of all. the other contract docume~:.ts relating to the times o~ Performance and
completion of the w~k are. for the' purpose of enabling the CITY to complete the
construction of a public improvement in accordance with a predetermined
program, all such time limits are of the essence of the contract.
15.0 REMEDY FOR DELAY
15.1
In the event of any delay in the project caused by any act or omission of the
CITY, its agents br employees, by the act or omission of any other party, or delay
caused by weather conditions or unavallabthty 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 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 pan 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 Conditions for Construction
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.
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IN WITNESS WltEREOF, 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.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACIt~ FLORIDA
City Clerk
signe~l,!~ealed and wimessed
in the'pfe~e~ce of:
;Contractor
President or the Vice President
Attest as to Contractor
c-12
State of Florida
County of Palm Beach
)
) SS:
)
On this day of ,20 , personally appeared before me duly authorized
to administer oaths to me known to be
the persons described herein and who executed the foregoing mstmment and have acknowledged
before me and they have executed same.
Notary Public
My Commission Expires:
11/15/96 nc
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PUBLIC WORKS DEPARTMENT
Memorandum No. 01-056
RECEIVED
TO:
FROMm,
Bill Atkins, Deputy Finance Director
PROCUREMENT
Christine Roberts. Assistant Public Works Director for ~J~--
Jeffrey Livergood. Public Works Director
Rmhari~ A, Ei~ge~ac~lit~e~,Manage~ent,Supervmor
JUL 9 2001
URC~ NG OFFlC~
DATE: July 5, 2001
SUBJECT:
Roof Repairs to East Wing of City Hall Complex
Bid-/~370-2511-01/KR
I have reviewed the bids and I recommend that the bid be awarded to the low bidder. Preventive
Maintenance Support Services as follows.
Total Lower Level Work:
Total Sum for Alternate Upper Level Work:
$5.900
$14,400
$20,300
Funding is available in our Building Improvements Account/~)01-2511-519-62.01.
Please contact my office if you have any questions and please be advised that we will input a
requisition into the system.
PIdRAF/pl
Attachment (Tab Sheet)
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