HomeMy WebLinkAboutCity of Tamarac Resolution R-85-067Ll
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Introduced by Temp. Reso. #3525
CITY OF TAMARAC, FLORTDA
RESOLUTION NO. R-85- 6 7
A RESOLUTION AWARDING A BID AND AUTHORIZING
EXECUTION OF AN AGREEMENT WITH GEORGE FET,D
AND ASSOCIATES, INC., FOR THE TAMARAC PARK
SATELLITE RECREATION BUILDING (BID #84-35);
AND PROVIDTNG-AN EEFECTIYE DATE,
WHEREAS, bids for the construction of a Satellite
Recreation Building were advertised in the Fort Lauderdale
News/Sun Sentinel, a newspaper of general circulation in
Broward County, on December 13, 14, 15, 16, 18, 19, 20 and
21, 1984; and
WHEREAS, bids were opened on January 18, 1985; and
WHEREAS, the bidding documents called for subcontract
bids and none were received; and
WHEREAS, on February 13, 1985, the City Council, upon
the recommendation of the City Manager, authorized the City
Manager to negotiate with the general contractor who was
low bidder for this project; and
WHEREAS, the City Manager has made recommendation for
bid award to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARA.C, FLORIDA.:
SECTION 1: That the bid of George Feld and Associates,
Inc., in the negotiated amount of $195,950.00, is hereby
ACCEPTED and APPROVED.
SECTION 2_: That the appropriate City officials are
hereby authorized to execute an agreement with George Feld
and Associates, Inc. for construction of the Tamarac Park
Satellite Recreation Building.
id (J
Temp. Reso. #3525
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SECTION 3: That this Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTEED AND APPROVED thisv2%� Of , 1985.
ATTEST:
VX-.A"
� - WWO-0031
...I_ ____:.
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the fo and correctness
of this Resolu ion.
CI
RECORD OF COUNCIL VOTE
MAYOR: KRAVITZ
DISTRICT4:
V/M STEIN
DISTRICT3:
CFM_STELZER
y
DISTRICT2:
C/M MUNITZ
DISTRICTI:
C/M BERNSTEIN
U'_►
�Aso 6] =4 7
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A107
Standard Form of Agreement Between
Owner and Contractor
Short Form Agreement for Small Construction Contracts
Where the Basis of Payment is a
STIPULATED SUM
THIS DOCUMENT HAS IMPORTA..'T LEGAL CO•VSEQUEA'CES: CONSULTATION' WITH
AN ATTORNEY 15 ENCOURACED W17H RESPECT TO ITS CO%'NLETION OR A400IfICA710N
For other contracts the A►A issues Standard Forms of Ovvner-Contractor Agreements and Standard GenF•ra' Co-,dr: ors
of the Contract for Construction for use in connection therev ith
This document has been approved and endorsed by The Associated General Contractors of A-nvrica
AGREEMENT
made this 27th day of February
Hundred and Eighty Five
BETWEEN the Owner: CITY OF TAMARAC
and the Contractor: GEORGE FELD AND ASSOCIATES, INC.
the Project: RECREATION BUILDING FOR CITY OF TAMARAC
the Architect: RICHARD RUBIN
The Owner and Contractor agree aF set forth below.
in the year Nineteen
At.A DOCUMENT A107 • SMAU CONSUL C 710N Cf NTFACT * )ANUA%1 19-4 EDi' 1oti • AIA'_ • GIs-4
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ARTICLE 1
THE WORK
The'Contractor shall perform all the Work required by the Contract Documents for
(Here insert the caption descriptive of the N'orh as used on other Contact Documents )
Labor and material to complete (turnkey) Recreation Building as per
plans with specifications thereon consisting of Pages A-1, 2, 39 4,
5, 6, 7, 8; S-1, 2; E-1, 2; H.V.A.C, all dated 4/18/84, drawn by
Richard S. Rubin, A.I.A.
ARTICLE 2
TIME OF COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall be commenced within 10 days after date of
this contract.
and completed before or at end of 5 months (July 27, 1985) .
ARTICLE 3
CONTRACT SUM
The 0�xner shall pay the Contractor for the performance of the %York subject to additions and deducttrr.4 b, C^a-)Fc
Order as pro-ided in the General Condrt:ons in cLrrren: funds, the Contract Sum of One Hundred Seventy—
rSrarr heir thr lump sure ono rn:. ur.r: Vr-ctt w bo:F ac dewed - Nine Thousand, Nine Hundred Fifty and no/100
Dollars. ($179,950.00). Plus change Order No. 1: $16,000.00 to construct new
sewer line as per plan by Williams, Hatfield and Stoner. TOTAL $195,950.00
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ARTICLE 4
PROGRESS PAYMENTS
Based upon Applications, or Payment submitted to the Kkil" by the Contractor and Certificates for Payment
issued by the X}lif{j{ Ohl Owner shall make progress payments on account of the Contract Sum to the Contractor
as follows:
Upon bills submitted by Contractor and approved by him, City shall pay
directly to Sub —Contractors and material suppliers, upon presentation
of a partial Release of Lien from both the Contractor and vendor.
Draws presented on application and Certificate for Payme
nt forms will
be paid to Contractor on the basis of 90% of work in place agreed
between Contractor and City Building Department, less payments made
to vendors. The bills from suppliers and sub -contractors can be
presented when approved by Contractor. Contractor's application is to
be presented monthly on the 20th.
ARTICLE 5
FINAL PAYMENT
The Owner shall make final payment 90 days after completion of the Work, provided
the Lontract be then fully performed, subject to the pro%,isions of Article 16 of the General Conditions.
ARTICLE 6
ENUMERATION OF CONTRACT DOCUMENTS
The Contract Documents are as noted in Paragraph 7.1 of the General Conditions and are enumerated a, fol'o%+5
rlrs: beiON the Aperrhrmf Condauonr of the Conlract !Genera' Supplementa.�. and other Condtr,o^t DraKings Speu`i::':on, Addenea on:' accerirC
Ahrrnatrs showing pagr or shevi numbers in all cases and dates where applicable
See Article I
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GENERAL CONDITIONS
ARTICLE 7
CONTRACT DOCUMENTS
7.1 The Contract Documents consist of this Agreement
(which includes the General Conditions), Supplementary
and other Conditions, the Drawings, the Specifications,
all Addenda issued prior to the execution of this Agree-
ment, all modifications, Change Orders, and written
interpretations of the Contract Documents issued by
the Architect. These form the Contract and what is
required by any one shall be as binding as if required
by all. The intention of the Contract Documents is to
include all labor, materials, equipment and other items
as provided in Paragraph 10.2 necessary for the proper
execution and completion of the Work and the terms
and conditions of payment therefor, and also to include
all Work which may be reasonably inferable from the
Contract Documents as being necessary to produce the
intended results.
7.2 The Contract Documents shall be signed in not less
than triplicate by the Owner and the Contractor. If either
the Owner or the Contractor do not sign the. Drawings,
Specifications, or any of the other Contract Documents,
the Architect shall identify them. By executing the Con-
tract, the Contractor represents that he has visited the
site and familiarized himself with the local conditions
under which the Work is to be performed.
7.3 The term Work as used in the Contract Documents
includes all labor necessary to produce the construction
required by the Contract Documents, and all materials
and equipment incorporated or to be incorporated in
such construction.
ARTICLE 8
ARCHITECT
6.1 The Architect will provide general administration
of the Contract and will be the Owner's repte>( ltative
during construction and until issuance of the final Certi-
ficate for Payment.
8.2 The Architect shall at all times have access to the
Work wherever it is in preparation and progress.
8.3 The Architect will make periodic visits to the site
to familiarize himself generally with the progress and
quality of the %Mork and to determine in general if the
work is proceeding in accordance with the Contract
Documents. On the basis of his on -site observations as
an architect, he will keep the Owner informed of the
progress of the %'York, and will endeavor to guard the
Owner against defects and deficiencies in the Work of
the Contractor. The Architect will not be required to
make exhaustive or continuous on -site inspections to
check the quality or quantity of the Work. The Archi-
tect will not be responsible for construction means,
methods, techniques, sequences or procedures, or for
safer%• precautions and program,. in connection with the
%%ork. and he will not be responsible for the Contractor's
failure to carry out the Work in accordance with the
Contract Documents.
8.4 Based on such observations and the Contractor's
Applications for Payment, the Architect will determine
the amounts owing to the Contractor and will Issue Cer-
tificates for Payment in accordance with Article 16.
8.5 The Architect will be, in the first instance, the in-
terpreter of the requirements of the Contract Documents.
He will make decisions on all claims and disputes be-
tween the Owner and the Contractor. All his decisions
are subject to arbitration.
8.6 The Architect will have authority to reject Work
which does not conform to the Contract Documents.
ARTICLE 9
OWNER
9.1 The Owner shall furnish all surveys.
9.2 The Owner shall secure and pay for easements for
permanent structures or permanent changes in existing
facilities.
9.3 The Owner shall issue all instructions to the Con-
tractor through theYSI) iLIM- Chief Building Of f icial
ARTICLE 10
CONTRACTOR
10.1 The Contractor shall supen-ise and direct the
work, using his best skill and attention. The Con-
tractor shall be solely responsible for all construction
means, methods, techniques, sequences and procedures
and for coordinating all portions of the Work under
the Contract.
10.2 Unless otherwise specifically noted, the Contractor
shall provide and pay for all labor, materials, equipment,
tools, construction equipment and machinen•. Hater,
heat, utilities, transportation, and other facilities and
services necessan• for the proper execution and comple-
tion of the Work.
10.3 The Contractor shall at all times enforce strict
discipline and good order among his employees, and
shall not employ on the Work ant unfit persori or an -
one not skilled in the task assigned to him.
10.4 The Contractor warrants to the Owner and the
Architect that all materials and equipment into-porated
in the Work will be ne,.+ unless otherwise spec fled. and
that a!I work, will be of good qua!i*%, free f-o--: fau!ts
and defects and in confo•rnance %%ilE the Contra:* D u-
ments. All V%'ork not so conforming to the=e ste�d�. d4
may be considered defective.
103 The Contractor ,hal! pay all sales, conzu--.c r. usc-
and other similar taxes required by la•+ and shall secu•e
all permits. fees and licenses necessan for the execution
of the Work.
10.6 The Contractor shall give all notices and cc^-p!1
with all lay,. s. ord-nances, rules, regulations, and orcers
of and public authority bearing on the perfci-rr.z-ce of
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the Work, and shall notify the Architect if the Drawings
and Specifications are at variance therewith.
10.7 The Contractor shall be responsible for the acts
and omissions of all his employees and all Subcon-
tractors, their agents and employees and all other persons
performing any of the Work under a contract with the
Contractor.
10.8 The Contractor shall review, stamp with his ap-
proval and submit all samples and shop drawings as
directed for approval of the Architect for conformance
with the design concept and with the information given
in the Contract Documents, The Wort, shall be in ac-
cordance with approved samples and shop drawings.
10.9 The Contractor at all times shall keep the premises
free from accumulation of waste materials or rubbish
caused by his operations. At the completion of the Work
he shall remove all his waste materials and rubbish from
and about the Project as well as his tools. construction
equipment, machinerry, and surplus materials, and shall
clean all glass surfaces and shall leave the Work "broom
clean" or its equivalent, except as otherwise specified.
10.10 The Contractor shall indemnify and hold harmless
the Owner and the Architect and their agents and em-
ployees from and against all claims, damages, losses and
expenses including attorrieys' fees arising out of or result-
ing from the performance of the Work, provided thpt
any such claim, damage, loss or expense (1) is attribut-
able to bodily injury, sickness, disease or death, or to
injun to or destruction of tangible property (other than
the \Fork itself) including the loss of use resulting there-
from, and (2) is caused in whole or in part by and
negligent act or omission of the Contractor, any Sub-
contractor, anyone directly or indirectly employed by any
of them or anyone for whose acts any of them may be
liable, regardless of .whether or not it is caused in part
by a party indemnified hereunder. In any, and all claims
against the Owner or the Architect or any, of their agents
or employees by any employee of the Contractor, am"
Subcontractor, anyone directly or indirecth employed by
any of them or anyone for whose acts any of them map
be liable, the indemnification obligation under this Para-
graph 10.10 shall not be limited in any way by any limi-
tation on the amount or type of damages, compensation
or benefits pa%able by or for the Contractor or any Sub-
contractor under workmen's compensation acts, dis-
ability benefit acts or other employee benefit acts. The
obligations of the Contractor under this Paragraph 10.10
shall not extend to the liability of the Architect, his
agents or employees arising out of (1) the preparation
or approval of maps, drawings, opinions. reports, sur-
veys, Change Orders, designs or specifications, or (2) the
giving of or the failure to give direction. or instructions
b� the Architect, his agents or employees pro'. ided such
giving, or failure to give is the primary cause of the
injury or damage.
ARTICLE 11
SUBCONTRACTS
11.1 A Subcontractor is a person who har a direct
contract with the Contractor to perio-m a- % n= the Work
at the cite.
11.2 Unless otherwise specified in the Contract Docu.
ments or in the Instructions to Bidders, the Contractor,
as soon as practicable after the award of the Contract,
shall furnish to the Architect in writing a list of the
name, of Subcontractors proposed for the principal por-
tions of the Work. The Contractor shall not employ any
Subcontractor to whom the Architect or the Owner may
have a reasonable objection. The Contractor shall not
be required to employ any Subcontractor to whom he
has a reasonable objection. Contracts between the Con-
tractor and the Subcontractor shall be in accordance with
the terms of this Agreement and shall include the General
Conditions of this Agreement insofar as applicable.
ARTICLE 12
SEPARATE CONTRACTS
12.1 The Owner reserves the right to award other con-
tracts in connection with other portions of the Project
or other wort, on the site under these or similar Condi-
tions of the Contract.
12.2 The Contractor shall afford other contractors rea-
sonable opportunity for the introduction and storage of
their materials and equipment and the execution of their
work, and .shall properly connect and coordinate his
Work with theirs.
12.3 Any costs caused by defective or ill-timed work
shall be borne b� the party responsible therefor.
ARTICLE 13
ROYALTIES AND PATENTS
The Contractor shall pay all ro+alties and license fees.
The Contractor shall defend all suits or claim: for in-
fringement of any, patent rights and shall save the Owner
harmless from loss on account thereof.
ARTICLE 14
ARBITRATION
All claims or disputes arising out of this Contr2c, or the
breach thereof shall be decided b� arbitration in accord-
ance %--Ah the Construction Industr Arbitration Rule= of
the American Arbitration Association then obta" ril u^.-
less the parties mutually agree otherwise. Notice of the
demand for arbitration shall be filed in v.rtint the
other part% to the Contract and v+,th the Ame•ica-. A-bi-
iration Association and shell be made ,+ith.n 2 r@cs^nab!e
time after the dispute has arisen.
ARTICLE 15
TIME
15.1 Al! time Irmit_ stated in the
are of the essence of the Contract.
15.2 If the Contractor is dela,ed at an, t;mt in tht
progress of the Work b� changes ordered in tit %1 oil.
b,. labor disputes, fire, unusual de!ax" in liar+ nr -tat on
una%oidab!e casualties, causes beyond the Con�"actn-'s
control, or by an, cause which the Architect ma, de-
termine justifies the delay, then the Contract Time shal!
be extcndt 2 by Change O-der fc- sucF Teas^n?`,!e !:m(
as 1hE Arc':;tect ma'. deterrr„ne
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ARTICLE 16
PAYMENTS
16.1 'Payments shall be made as provided in Article 4
of this Agreement.
16.2 Payments may be withheld on account of (1) de-
fective Work not remedied, (2) claims filed, (3) failure
of the Contractor to make payments properly to Sub-
contractors or for labor, materials, or equipment, (4)
damage to another contractor, or (5) unsatisfactory prose-
cution of the Work by the Contractor,
16.3 Final payment shall not be due until the Con-
tractor has delivered to the Owner a complete release of
all liens arising out of this Contract or receipts in full
covering all labor, materials and equipment for which a
lien could be filed, or a bond satisfactory to the Owner
indemnifying him against any lien.
16.4 The making of final payment shall constitute a
waiver of all claims by the Owner except those arising
from 1,11 unsettled liens, (2) faulty or defective Work ap-
pearing after Substantial Completion, (3) failure of the
Work to comply with the requirements of the Contract
Documents, or (4) terms of any special guarantees re-
quired by the Contract Documents. The acceptance
of final pz,mcnt shall a waiver of al! claims
by the Contractor except those previously made in writ-
ing and still unsettled.
ARTICLE 17
PROTECTION OF PERSONS AND PROPERTY
The Contractor shall be responsible for initiating. main-
taining, and supervising all safety precautions and pro-
grams in connection with the Work. He shall take all
reasonable precautions for the safety of, and shall provide
all reasonable protection to prevent damage, ,injury or
loss to (1) all employees on the Work and other persons
who ma,i be affected thereby, (2) all the Work and all
materials and equipment to be incorporated therein,
and (3, other property at the site or adjacent thereto.
He shall comply with all applicable laws. ord;nances,
rules. regulations and orders of any public authority
having jurisdiction for the safety of persons or property
or to protect them from damage, injury or loss. All
damage or loss to am property caused in whole or in
part by the Contractor, and- Subcontractor, any Sub -
subcontractor or anyone directly or indirectly employed
b� any of them, or b) anyone for whose acts any of
them may be liable. shall be remedied b+ the Contractor,
except damage or loss attributable to fault\ Drav:ings or
Specifict'tions or to the acts or orn s, ions of the• Civmer
or Architect or anyone employed by either of them or
for v,hose acts either of them mz� be liable but v hich
are no' attributable to the fault or neFljgence of the
Contractor.
ARTICLE 18
CONTRACTOR'S LIABILITY INSURANCE
The Conti, -clot and each separate Contractor shall pur-
chasr ane maintain such insurance as %Nis.l prc:ect him
from claims under workmen's eumpensatior acts and
other employee benefit acts, from claims for damages
because of bodily injury, including death, and from claims
for damages to property which may arise out of or result
from the Contractor's operations under this Contract,
whether such operations be by' himself or b� any Sub-
contractor or anyone directly or indirectly employed by
any of them. This insurance shall be written for not less
than any limits of liability specifiedas part of this Con-
tract, or required by law, whichever is the greater, and
shall include contractual liability insurance as applicable
to the Contractor's obligations under Paragraph 10,10.
Certificates of such insurance shall be filed %with the
Owner and each separate Contractor.
ARTICLE 19
OWNER'S LIABILITY INSURANCE
The Owner shall be responsible for purchzsinc and
maintaining his own liability insurance and, a,. his op-
tion, may maintain such insurance as will protect him
against claims which may arise from operations under
the Contract.
ARTICLE 20
PROPERTY INSURANCE
20.4 The Owner and Contractor %%aive all righ's aF,7;nst
each other for damages caused b% fire o• ot1-:(_. pe-:!s
to the extent covered by insurance proti rded u^de! t":;s
paragraph. The Contractor shall requ,re s:m:'z+z:�e•>
b) Subcontractors and Sub -subcontractors
ARTICLE 21
CHANCES IN' THE WORK
21.1 The Owner withou' invzlidat;r.c the C^n''zct
order Chances in the Work con-ist:nc o` zd� de-
letions, or modmcations, the Contract Sum and '-e C-
tract Trine being adjusted according!,.. Ali sucl- Chi-.--F-
in the \Fork shall be authorized b� written Cn,-nze O-dc-
signed by the Owner o• the Architect as his du'� e
ized agent.
21.2 The Contract Sum and the Contract lime rr.;� b
ehanped only by Change Oder.
21.3 The cost or cred.. t- the O%vner fro^ a Cr.
the \Work shall be detec-:-,:ned b�
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ARTICLE 22
CORRECTION OF WORK
The Contractor shall correct any Work that fails to con-
form to the requirements of the Contract Documents
where such failure to conform appears during the
progress of the Work, and shall remedy any defects
due to faulty materials, equipment or workmanship which
appear within a period of one year from the Date of
Substantial Completion of the Contract or within such
longer period of time as may be prescribed by law or by
the terms of any applicable special guarantee required
by the Contract Documents. The provisions of this Article
22 apply to Work done by Subcontractors as well as to
Work done by direct employees of the Contractor.
ARTICLE 23
TERMINATION BY THE CONTRACTOR
If the Architect fails to issue a Certificate of Payment
for a period of thirty days through no fault of the Con-
tractor, or if the Owner fails to make payment thereon
for a period of thirty days, the Contractor may, upon
seven days' written notice to the Owner and the Archi-
tect, terminate the Contract and recover from the Owner
payment for all Work executed and for any proven loss
sustained upon any materials, equipment, tools, and
construction equipment and machinery, including rea-
sonable profit and damages.
ARTICLE 24
TERMINATION BY THE OWNER
If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract Documents or
fails to perform any provision of the Contract, the Owner
may, after seven days' written notice to the Contractor
and without prejudice to any, other remedy he may have,
make good such deficiencies and may deduct the cost
thereof from the payment then or thereafter due the
Contractor or, at his option, may, terminate the Contract
and take possession of the site and of all materials, equip-
ment, tools, and construction equipment and machrner\
thereon owned by the Contractor and may finish the
Work by whatever method he may deem expedient, and
if the unpaid balance of the Contract Sum exceeds the
expense of finishing the Work, such excess shall be paid
to the Contractor, but if such expense exceeds such
unpaid balance, the Contractor shall pay the difference
to the Owner.
ARTICLE 25
MISCELLANEOUS PROVISIONS
Contractor is to furnish to City copies of executed sub —contracts and
purchase orders for materials to be used as basis for payments.
Contractor is to sign permit applications as licensed contractor.
Contractor is to furnish a Certificate of Insurance showing City as
co—insured for liability in the amount of $ 300 000•oo_, and
obtain and furnish insurance certificates from all sub —contractors
before payments are made.
AIA DOCUMENT A10" • 5.1:,a Cii'. 'F..CT ti C("IMACi E::'TID•. !•.,:� •' '�
i THE AMIIZIChs ISMT.ITt OF AP, M^(CT� 1735 •:E\\ 1'Or.r W C �, ,
IN WITLESS WHEREOF, the parties hereto have caused these
presents to be executed on the day and year indicated below:
signed, sealed and delivered
in the presence of:
ATTEST:
y 7r. I TY MANAGER
ATTEST:
THE CITY OF TAMARAC
By
& �-
MAYOR
DATE
Y_
CITY IANA ER
DATE:
Approved as to farm
By
A
GEORGE FELD AND ASSOCIATES, INC.
BY
DATE ��7/OS