HomeMy WebLinkAboutCity of Tamarac Resolution R-96-077Temp. Reso. #7338
Revision #1-4/3/96
Revision#2-4/11 /96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96--J]
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
SOLE SOURCE FOR WEATHER SEALING AND
RESTORATION OF ROOF AND WALL PANELS AT
THE TAMARAC MUNICIPAL COMPLEX BY
GARMONG & PADGETT SALES, INC; AUTHORIZING
EXPENSES IN THE AMOUNT OF $35,750 FROM
ACCOUNT #001-193-519-503, ENTITLED
"MAINTENANCE LAND -BUILDINGS -
IMPROVEMENTS;" PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR.6N EFFECTIVE DATE.
WHEREAS, weather sealing and restoration repairs of the City Hall are necessary
in order to maintain the facilities designed service lifetime; and
WHEREAS, Garmong & Padgett Sales, Inc. are the exclusive distributor for Kalwall
skyroof panels in the State of Florida; and
WHEREAS, City Code § 6.151 exempts Sole Source providers from competitive
bidding; and
WHEREAS, it is the recommendation of the Director of Public Works and the
Purchasing Officer that the City of Tamarac contract for restorative services with Garmong
& Padgett Sales, Inc.; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept the exclusive
distributor for skyroof panels, Garmong and Padgett Sales, Inc. to perform the weather
sealing and restoration of the City Hall roof to prevent water infiltration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Temp. Reso. #7338
Revision #1-4/3/96
Revision#2-4/11 /96
SECTIOt1 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to
contract with Garmong & Padgett Sales, Inc., Exhibit A, to perform weather sealing and
restoration of the City Hall roof at an estimated cost of $35,750 to be funded from Account
No. 001-193-519-503 entitled "Maintenance Land -Buildings -Improvements."
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
�5EQI10 -4 If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this Z�l day of �� I , 1996.
NORMAN ABRAMOWITZ
MAYOR -
ATTEST:
n
CAROL A. EVANS
CITY CLERK RECORD OF COMMISSION VOTE
I HEREBY CERTIFY that I h ve MAYOR ABRAMOW_IT�
ap roved this RESOLU N as DIST.1: COMM. McKA'
rm. DIST.2: V/M MISHKIN
I 0 / /% DIST. 3: COMM. SCHR
t/�DIST.4: COMM. MACH
TCHELL . AFT
CITY ATTOR EY
MAG:mf
7 EXHIBIT "A"
-0-
49 AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND GARMONG & PADGETT SALES, INC.
FOR CLEANING AND WATERPROOFING SERVICES
FOR THE CITY HALL BUILDING SKYROOF
THIS AGREEMENT is made and entered into this _al& . day of r 1 11996
by and between the City of Tamarac, a municipal corporation with principal offices located
at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Garmong & Padgett Sales,
Inc. with principal offices located at 1927 Laurel Street, Sarasota, FL 34236 (the
"Contractor") to provide for cleaning and waterproofing services for the skyroof of the
Tamarac City Hall Building.
1) The Contract Documents
40 The contract documents consist of this Agreement, conditions of the contract
(General, Supplementary, and other Conditions), the drawings, specifications, all addenda
issued prior to, and all modifications issued after execution of this Agreement. These
contract documents form the Agreement, and all are as fully a part of the Agreement as
if attached to this Agreement or repeated herein.
2) The Work
The Contractor shall perform all work for the City required by the contract
documents and as set forth below.
Contractor shall furnish all labor, materials, and equipment necessary to clean and
waterproof the skyroof of the Tamarac City Hall Building.
2. Contractor shall clean the exterior face sheets with mild cleaners and brushes.
3. After cleaning, Contractor shall smooth out areas that "fiber bloom" with fine
sandpaper and seal with one (1) coat of Kawall's Weatherseal.
4. Contractor shall recaulk all exterior joints and replace vertical battens and ridge cap
assemblies at the lobby skyroof. Contractor shall replace Kawall panels as needed
to restore the exterior appearance and to waterproof the skyroof.
�e_56, � �
vr,
Agreement between City of Tamarac and Page 2 of 7
Garmong & Padgett Sales, Inc.
5. Contractor shall clean up and remove each day all debris and material created by
the work at Contractor's expense.
6. Contractor shall supervise work force to ensure that all workmen conduct
themselves and perform their work in a safe and professional manner. Contractor
shall comply with all OSHA safety rules and regulations in the operation of
equipment and in the performance of the work. Contractor shall at all times have
a competent field supervisor on the job site to enforce these policies and
procedures.
7. All equipment must be stored in a safe manner when not in operation. The City
shall not be responsible for damage to any equipment or personal injuries caused
by the Contractor's failure to safely store equipment.
8. Contractor shall provide the City with seventy-two (72) hours written notice prior to
the beginning work under this Agreement and prior to any schedule change with the
exception of inclement weather.
9. Contractor shall comply with any and all federal, State and local laws and
regulations now in effect, or hereinafter enacted during the term of this Agreement,
which are applicable to the Contractor, its employees, agents, or subcontractors,
if any, with respect to the work and services described herein.
3) Insurance
Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as required by the City's Risk Manager before beginning work under this
Agreement including, but not limited to, Workmens' Compensation Insurance,
Unemployment Insurance, Contractor's Liability Insurance, and all other insurance
required by law. Contractor shall maintain such insurance in full force and effect during
the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates
of all insurances required under this section prior to beginning any work under this
Agreement.
Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance. Contractor's
Liability Insurance policies shall be endorsed to add the City as an additional insured.
Contractor shall be responsible for payment of all deductibles and self-insurance
. retentions on Contractor's Liability Insurance policies.
Agreement between City of Tamarac and Page 3 of 7
Garmong & Padgett Sales, Inc.
4) Time of Commencement and Substantial Completion
The work to be performed under this Agreement shall be commenced after
execution of the Agreement and not later than nineteen (19) days after the date that
Contractor receives the Purchase Order. The work shall be substantially completed no
later than July 19, 1996.
5) Contract Sum
The Contract Sum for the above work is Thirty -Five Thousand Seven Hundred Fifty
Dollars and no cents ($35,750.00). The contract sum is determined by the cost of labor
and materials for the job located at 7525 NW 88th Ave., Tamarac, FL 33321, also known
as the City of Tamarac City Hall Building.
6) Payments
The City shall pay in full the Contract Sum to the Contractor upon completion of the
work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City
shall pay the Contractor for work performed subject to the specifications of the job and
subject to any additions and deductions by subsequent change order provided in the
contract documents.
7) Waiver of Liens
Prior -to payment of the contract sum, a final waiver of lien shall be submitted by all
suppliers, subcontractors, and/or contractors who worked on the project that is the subject
of this Agreement.
8) Warranty
Contractor warrants the skyroof of the Tamarac City Hall Building against water
infiltration for a period of five (5) years from the date of completion of the work. In the
event that water infiltration occurs during this time, Contractor shall perform such steps
required under Paragraph 2 of this Agreement to the affected areas of the skyroof to
restore the skyroof to a clean and waterproof condition. Contractor shall be responsible
for any damages caused by water infiltration to the skyroof or to the interior of the building.
9) Indemnification
The Contractor shall indemnify and hold harmless the City, its elected and
Agreement between City of Tamarac and Page 4 of 7
Garmong & Padgett Sales, Inc.
appointed officials, employees, and agents from any and all claims, suits, actions,
damages, liability, and expenses (including attorneys' fees) in connection with loss of life,
bodily or personal injury, or property damage, including loss of use thereof, directly or
indirectly caused by, resulting from, arising out of or occurring in connection with the
operations of the Contractor or its officers, employees, agents, subcontractors, or
independent contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or wilful misconduct of the City
or its elected or appointed officials and employees. The above provisions shall survive the
termination of this Agreement and shall pertain to any occurrence during the term of this
Agreement, even though the claim may be made after the termination hereof.
10) Non -Discrimination
The Contractor agrees that it shall not discriminate against any of its employees or
applicants for employment because of their race, color, religion, sex, or national origin, and
to abide by all federal and State laws regarding non-discrimination. The Contractor further
agrees to insert the foregoing provisions in all subcontracts hereunder except subcontracts
for standard commercial supplies or raw materials. Any violation of such provisions shall
constitute a material breach of this Agreement.
11) Independent Contractor
Contractor is an independent contractor under this Agreement. Personal services
provided by the Contractor shall be by employees of the Contractor and subject to
supervision- by the Contractor, and not as officers, employees, or agents of the City.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of the Contractor.
12) Assignment and Subcontracting
Contractor shall not transfer or assign the performance required by this Agreement
without the prior written consent of the City. This Agreement, or any portion thereof, shall
not be subcontracted without the prior written consent of the City.
13) Notice
Whenever either party desires or is required under this Agreement to give notice
to any other party, it must be given by written notice, sent by registered United States mail,
with return receipt requested, addressed to the party for whom it is intended at the
C�
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0
Agreement between City of Tamarac and
Garmong & Padgett Sales, Inc.
following addresses.
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the same address.
�9191knaynmt 1; �
John R. Garmong
President
Garmong & Padgett Sales, Inc.
1927 Laurel Street
Sarasota, FL 34236
14) Termination
Page 5 of 7
This Agreement may be terminated by City or Contractor for cause or by the City
for convenience, upon thirty (30) days written notice by the terminating party to the other
party of such termination in which event the Contractor shall be paid its compensation for
services performed to termination date including services reasonably related to
termination. In the event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the City against loss pertaining to this termination.
Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City should the Contractor neglect or fail
to perform or observe any of the terms, provisions, conditions, or requirements herein
contained, if such neglect or failure shall continue for a period of thirty (30) days after
receipt by Contractor of written notice of such neglect or failure.
15) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in Broward
County, Florida.
�_ .I6 -7 7
Agreement between City of Tamarac and Page 6 of 7
Garmong & Padgett Sales, Inc.
16) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into this Agreement.
17) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The nonenforcement
of any provision by either party shall not constitute a waiver of that provision not shall it
affect the enforceability of that provision or of the remainder of this Agreement.
18) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the
City, and negotiations and oral understandings between the parties are merged herein.
This Agreement can be supplemented and/or amended only by a written document
executed by both the Contractor and the City.
[The remainder of this page has been left blank intentionally.]
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Agreement between City of Tamarac and
Garmong & Padgett Sales, Inc.
Page 7 of 7
IN WITNESS WHEREOF, the parties have made and executed this Agreement on
the respective dates under each signature. CITY OF TAMARAC, through its Mayor and
GARMONG & PADGETT SALES, INC., signing by and through its President, duly
authorized to execute same.
ATTEST:
Carol Evans, City Clerk
Date: a
ATTEST:
V/
&A'S-
Corporate'Se tary
N,. L. Padgett
Type name of Corporate Secretary
(CORPORATE SEAL)
cAuserdata\wpdata\agr\garmong2
C TY OF TAM RAC
A a A
Norman Abramowitz, r
Date:
Robert S. Noe, Jr., City Manher
Dater
jAroved as to form and
nc
chell S. Kra ,City Attorney
GARMONG & PADGETT
SALES, INC.
- �k X 1?&�
Min R. Garmon , President
�T64A 'k GAAAf6X1,
Type/Print Name of President
Date: I/ A /9 C