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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 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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� C� 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.] rI • • If . �76 - 7� 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